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04/09/25 5:15 CC AGENDA PACKET REGULAR
(183 BAKERSFIELD CITY COUNCIL POST-MEETING AGENDA BAKERSFIELD REGULAR MEETING April 9, 2025, 5:15 p.m. Council Chambers, City Hall, 1501 Truxtun Avenue 1. ROLL CALL 2. INVOCATION 3. PLEDGE OF ALLEGIANCE 4. PRESENTATIONS 4.a Proclamation to Hector Vazquez, Executive Director of the American Red Cross Item County& Eastern Siena Board of Directors, recognizing the Borel Fire Volunteers and March 2025 as American Red Cross Month in Bakersfield 5. PUBLIC STATEMENTS 5.a Non Agenda Item Public Statements 5.b Agenda Item Public Statements 6. APPOINTMENTS 6.a One appointment(at large) to the Miscellaneous Civil Service Board to a term to expire on December 31, 2026, due to the resignation of Ronald Wolfe. Staff recommends Council determination. Select one candidate 6.b Four appointments to the Deep Bakersfield Beautiful Committee as follows: 1. Ward 2 —Alternate member, term expired December 2024 2. Ward 3 — Regular member, resigned September 16, 2024 3. Ward 6 —Alternate member, term expired December 2024 4. Mayor's appointment—Alternate member, term expired January 2025 Staff recommends Council determination. 6.c Two appointments to the Bakersfield Public Safety and Vital City Services Measure Citizens Oversight Committee due to the term expirations of Connie Perez (Ward 2) and Mary Madland (at-large). Staff recommends Council determination. 6.d One appointment(at large) to the Historic Preservation Commission due to the term expiration of Eileen Diaz on March 31, 2025. Staff recommends City Council determination. Select one candidate 7. CONSENT CALENDAR Consent calendar items Ta through 7.1 for approval 7.a Minutes 7.a.1 Approval of minutes of the March 26, 2025, Regular City Council Meetings. Staff recommends approval of the minutes. 7.b Department Payments and Agreements 7.b.1 Receive and file payments from March 14, 2025, to March 27, 2025, totaling $25,909,005.96 as follows: department payments in the amount of $25,384,354.46, and Self Insurance payments in the amount of $524,651.50. Staff recommends receiving and filing the report. 7.b.2 Receive and file department agreements over $40,000 and under $100,000 between March 14, 2025 and March 27, 2025. Staff recommends receiving and filing the report. 7.c Ordinances 7.d Resolutions 7.d.1 Resolution declaring City Owned Property located at 901 Union Avenue as Exempt Surplus Land to be used for permanent supportive housing for the Homekey+ Program. (Ward 2) Staff recommends adoption of the resolution and declaration of property at 901 Union Avenue as exempt surplus land. *7.d.1.1 Staff Memorandum 7.d.2 Dispense with bidding for the purchase of a tire roller for the Streets Division Resolution determining that a tire roller can most efficiently be obtained through cooperative procurement bidding procedures from Quinn Cat and authorizing the Finance Director to dispense with bidding for the purchase of one unit in the amount of$319,898. Staff recommend adoption of the resolution and approval of purchase. 7.d.3 Resolution to dispense with bidding for Dell hardware and equipment 1. Resolution to dispense with formal bidding procedures for the purchase of Dell workstations and equipment directly from Dell; and 2. Authorization to purchase Dell workstations and equipment from Dell in an amount not-to-exceed $500,000. Staff recommends approval of the resolution and approval of purchase. Page 2 of 310 7.d.4 Resolution to dispense with bidding with The Drala Project, Inc dba The Redesign Group 1. Resolution to dispense with formal bidding procedures in the purchase of Dell storage hardware and use of cooperative procurement contracts for the purchase of Dell storage equipment; and 2. Authorization to purchase Dell storage hardware and equipment from The Drala Project, Inc. dba The Redesign Group, Inc. in an amount not to exceed $600,000. Staff recommends approval of the resolution and approval of purchase. 7.d.5 Dispense with bidding for the purchase of a portable pump for the Water Department 1. Resolution determining that an Atlas Copco portable pump can most efficiently be obtained through cooperative procurement bidding procedures from Power Technique North America and authorizing the Finance Director to dispense with bidding for the purchase of one unit in the amount of $49,038. 2. Appropriate and transfer $34,038 River and Agriculture Water Fund balance to the Public Works Operating budget within the Equipment Management Fund. Staff recommend adoption of the resolution and approval of the appropriation to fund the purchase. 7.d.6 Resolutions to add Areas 5-136, 4-300, and 2-91 to the Consolidated Maintenance District and approving, confirming, and adopting the Public Works Director's Report for each: 1. Resolution adding Area 5-136 (1951 Madison Street): Street Tier = 0; Park Tier = 0 (Ward 1) 2. Resolution adding Area 4-300 (2001 Oak Street): Street Tier = 1.5; Park Tier = 1 (Ward 2) 3. Resolution adding Area 2-91 (4730 Armstrong Road): Street Tier = 1; Park Tier = 0 (Ward 6) Staff recommends adoption of the resolutions. 7.e Agreements 7.e.1 Economic Opportunity Area Grant Agreement with DV Therapy ($99,900) for tenant improvements including the costs associated with the purchase of equipment, materials and furnishings for a new business space that is open to the public. (Ward 2) Staff recommends approval of the grant agreement. *7.e.1.1 Staff Memorandum 7.e.2 Final Map, Improvement Agreement, and Landscape Agreement with Buena Vista 6577, LLC for Tract 6577, Unit 5 Page 3of310 The developer is requesting to enter into agreement, thus final map for Tract 6577 Unit 5 located on the Northeast corner of McCutchen Road and Buena Vista Road can be approved and recorded. (Ward 5) Staff recommends approval of the Final Map, Improvement Agreement, and Landscape Agreement. 7.e.3 Cooperative Agreement (Caltrans Agreement number 06-1813) with Caltrans for the State Route 99 Southbound to State Route 58 Westbound Connector (8th Movement Project) for the Right-Of-Way portion. (Ward 2) Staff recommends approval of the Cooperative Agreement. 7.eA Amendment No. 2 to Agreement No. 2023-238 with J.L. plank, Inc. dba Cen-Cal Construction (increase by $500,000; revised not to exceed $3,571,500) to continue the supply of concrete construction. Staff recommends approval of the amendment. 7.e.5 Contract Change Order No. 95 to Agreement No. 19-069 (Mainline Project) with Security Paving Company (increasing compensation by $277000.00; revised not to exceed $151,865,840.08) for the Centennial Corridor Mainline Project. (Wards 1, 2, &3) Staff recommends approval of the change order. 7.e.6 Contract Change Order No. 4 and 11 to Agreement No. 2024-235 (7th Movement) Contract Change Orders with Granite Construction Company (increasing compensation by $67,000; revised not to exceed $27,388,837.80) for the Centennial Corridor EB58 to NB99 Loop Connector Project (7th Movement). (Wards 1 &2) Staff recommends approval of the change orders. 71 Bids 7.f.1 Reject Bids for Annual Contract for Organic and Recyclable Material Hauling for the Solid Waste Division. Staff recommend rejection of bid. 7.g Miscellaneous 7.h Successor Agency Business 7.h.1 Receive and file Successor Agency payments from March 14, 2025, to March 27, 2025, in the amount of $1,400.00 Staff recommends report be received and filed. 7.i Public SafetyNital Services Measure 8. CONSENT CALENDAR PUBLIC HEARINGS 9. HEARINGS 10. REPORTS Page 4of310 Public comments on each Report item will be received after Staff's presentation. 11. DEFERRED BUSINESS Public comments on each Deferred Business item will be received after Staff's presentation. 12. NEW BUSINESS Public comments on each New Business item will be received after Staffs presentation. 13. COUNCIL AND MAYOR STATEMENTS 14. CLOSED SESSION 15. ADJOURNMENT Page 5of310 • BAKERSFIELD ADMINISTRATIVE REPORT MEETING DATE: April 9,2025 AGENDA CATEGORY: Appointments TO: Honorable Mayor and City Council FROM: Julie Drimakis, City Clerk DATE: April 1, 2025 SUBJECT: One appointment (at large)to the Miscellaneous Civil Service Board to a term to expire on December 31, 2026, due to the resignation of Ronald Wolfe RECOMMENDATION: Staff recommends Council determination BACKGROUND: There is one vacancy on the Miscellaneous Civil Service Board, due to the resignation of Ronald Wolfe on December 16, 2024. This appointment is to complete an unexpired term set to expire on December 31, 2026. Three applications for appointment have been received from: • Frankie Sutton • Ronald Wolfe • John Stovall The Board is an advisory body to the City Council. It is composed of five Board members appointed by the City Council. Board members must be Bakersfield residents throughout their term and shall have no connection with City government. The Board formulates rules and regulations governing the selection, promotion, and discipline of employees affected by Civil Service. Meetings are held the third Tuesday of each month at 3:00 p.m. in City Hall North (1600 Truxtun Avenue). FISCAL IMPACT: This action will not result in an impact to the City General Fund. COUNCIL GOAL: Innovative and Efficient City Government ATTACHMENTS: 1. Application for Frankie Sutton 2. Application for Ronald Wolfe 3. John Stovall CLERK'S OFFICE USE ONLY: SUBMIT TO: 25 FEB -1 AM w IAA CITY CLERK CITY OF BA FIEL'C 16�O Truxtun Avenue '" � � RESIDENT: YE NCB BakersfieIld, CA 93301 (661 ) 26- 767 Phone 'o. WARD NCB 1 4 6 7 (661) 2 - 780 Fax No. CITY OF BAKERSFIELD APPLICATION FOR APPOINTMENT APPLICANTS ARE ENCOURAGED TO CONTACT EACH COUNCILMEMBER TO COMMUNICATE THEIR INTEREST FOR APPOINTMENT. Mr. 1 . Mrs. Ms. First Middle Las 2„ Residence address; jq City County State Zip Phone L—) 1 Position(s) sought: (List in order of preference) 2) r� (I Mcd, 4) .._.._ .. . ..m .. ..... .... .. 4. Business Title or Occupation: ... r _._......... Company: Z"I �I. " __ _._____ Address: . City County State ZIp Phone ( -7S-d _. 5. Education - Lust schools attended and/or grad uated/degree(s): 6. Other Special Training or Experience: r ` TM Fa 18L(,+r co 7. Previous and present governmental and civic experience. Indicate when, position and duties: on 0 LPVerRMM4- p-Cri ence T, hold Is �;Or ovic `� � �- r cR+& '-0 8. Plea se"explain why you wish toiqrve on a Board/Commission for the City of Bakersfield: i rid f_�)�F j on -L ka —ri-,b woo'ld 19� o- r -t ovpor tnt our C� Acs" ne d Q0 , Obf�+s - 6F(0� Mvla�) ok., be,�� C,,N>,n6-c1 -kf� V1 9. Do you have any interests or associations which might present a conflict of interest? If yes, please explain: on ck cxkr 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 appoiniment, the information contained herein will be made available to the general public upon request. &d�v i 12I Signature of Applicant Date i INFORMATION FOR ' CITY ROSTER AND INTERNET Please provide the City Clerk's Office with the following information: NAME: Y�, i i ADDRESS: CA PHONE NUMBERS: HOME:ai SO 8 2(2C _ AND/OR WORK: E-MAIL ADDRESS UVO 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. 14.AA y / 25 Signature of Applicant Dat 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 CLERK'S OFFICE USE ONLY: SUBMIT TO: 25JAN 15 Vl 11: 1 ) CITY CLERK CITY OF BAK SFIELD 1600 Truxtun Avenu63 RESIDENT: tESNO Bakersfield, CA 933P1 WARD NO. 1 21 " 14 5 6 7 (661 ) 326-3767 Phon6 No. (661) 323-3780 Fax No. CITY OF BAKERSFIELD APPLICATION FOR APPOINTMENT APPLICANTS ARE ENCOURAGED TO CONTACT EACH COUNCILMEMBER TO COMMUNICATE THEIR INTEREST FOR APPOINTMENT. 1 . Mrs Ronald 11 Wolfe Ms. First Middle Lost 2, Residence address 1140 Princeton Cave. Bakerwfield Kern Ca 93305 City County State Zip Phone (661 ) 8722429 3. Position(s) sought: (List in order of preference) 1) Mico Civil Service 2) 3) 4) 4. Business Title or Occupation: Drif Company: RLW& assoc. LIRA RLW Ent. Address: po box 640 bakersfild Kern Ca 93302 City County State Zip Phone (661 ) 8341100 5. Education - List schools attended and/or graduated/degree(s): K-12 Local Trinity Uni BS Criminal Justice 6. Other Special Training or Experience: Former Reserve Officer City of McFarland, Former business owner/manager RLW Enterprises General Engineering Contractor providing service to private individuals up to Government entitiles.Managed day to day activities including personnel issues currently serving as board member at chevron valley Credit union where policies and Govt Compliance issues are reviewed and put into place 7. Previous and present governmental and civic experience. Indicate when, position and duties: Two terms Kern County Grand Jury 1995-1997 "Ad hok" committee for the Bakersfield logo 1980's Board Member Chevron Valley Credit Union Former Reserve Police Officer City of McFarland 8. Please explain why you wish to serve on a Board/Commission for the City of Bakersfield: my father served the city of Bakersfield as a reserve from the mid 1950s until approx 2000. e taught me to give back to my community as much as possible. idothinkweliveina great community and should be thankful for every day we can see it prosper. I have served other boards or committees, and-would and-would We to give back to my community. I have seen this town grow by leaps and bounds and feel being a native of`t}iis great city that maybe I ca-h- still do my best to help and improve to the best of my ability. 9. Do you have any interests or associations which might present a conflict of interest? If yes, please explain: No conflicts as all I do have a cousin whom is a Police Officer along with some personal friends however there would be no conflict with my serving 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. Signature of Ap licant Date CLERK'S OFFICE USE ONLY: SUBMIT TO: CITY CLEF CITY OF BAKnFIELD ES 1600 Tru ,fyn�,Aye4jlQe. , RESIDENT: ES NO Bakersfield, CA 93301 WARD N 0� 1 2 3 6 7 (661) 3,2-&-3767 Phone No. (661) 323-3780 Fax No. CITY OF BAKERSFIELD APPLICATION FOR APPOINTMENT APPLICANTS ARE ENCOURAGED TO CONTACT EACH COUNCILMEMBER TO COMMUNICATE THEIR INTEREST FOR APPOINTMENT. I/ Mr. John Fields Stovall 1. Mrs. Ms. First Middle Lost 2. Residence address: 9012 Monitmedy Ct. Bakersf iielld Kern CA 93311 ............ City County State Zip Phone ( 661 664-0602 3. Position(s) sought: (List in order of preference) Miscellaneous-Civil Service Board - Member 2) 4) 4. Business Title or Occupation: Retired Attorney ..................... Company: Not Applicable ................ ............ Address: ........... City County State Zip Phone (-) 5. Education- List schools attended and/or grad ua ted/degree(s): BHS - 1966; BC - 1968 A.A.; UCLA- 1970 B.A.; Loyola Law School - 1982, J.D ................................ CSUB - 1996 MBA; Claremont Grad. Univ - Peter (Drucker Grad School of Mgmt 2005, PhiD ........... 6. Other Special Training or Experience; Investigations (FICA);Civil Litigation in private practice;water law in private practice and for KCWA; Service as arbitrator„ mediator and judge pro tern for Kern County courts service as board member and chair for hearing boards 7. Previous and present governmental and civic experience. Indicate when, position and duties: U.S. Food and [drug,Admin, Investigator 1972-1982, enforcement of FDA law and regs; Kern County Water Agency, General Counsel 1989.2005, m mt& advice re water law; State Bar of California, Board of Governors, member and VP (1997), 19 4-1997; Ninth Circuit Judicial Conference, Member, advice to 9th circuit judges, 1990-1993; Judicial Council of California Taskforce on Jury System Improvement, 1998-1999; CSUB„Adjunct Professor (management) 2005-2018; San Joaquin "Valley Unified Air Pollution Control Distict, Southern Region Hearing Board, Member (2008 to Present) and Chair (2021-Present); Kern Local Campaign Finance Hearing Panel, Member, 2013-2024. 8. Please explain why you wish to serve on a Board/Commission for the City of Bakersfield':. Advised that there was on opening on this board and they were looking for someone willing to serve. I have the time to provide that service and am willing to do so. 9. Do you have any interests or associations which might present a conflict of interest? If yes, please explain am not aware of any, but would abide by the advice of counsel on whether a decision relating to the Water Department might not be advisable due to my prior employment & retirement from KC'WVA. Please attach your resume, and any additional information or statements which you feel would be helpful in reviewing your qualifications. AUTHORIZATION AND RELEASE under nd that in connection with this application for appointment, the information contained herein will be rnadle Ila �J� e ge public upon request. ��goturd of A plicant Date INFORMATION FOR CITY ROSTER AND INTERNET Please provide the City Clerk's Office with the following information: John Stovall NAME. RO. Box 22695 ADDRESS: Bakersfield, CA 93390 PHONE NUMBERS: HOME: (661) 664-0602 AND/OR WORK: E-MAI:L ADDRESS StovallJ@?aol.corn 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.bakersfieldcityus. I understand that in connection with this application for appointment, the information contained herein will be made available to the general public upon request. 77" S*ature o Applicant Date NOTE: This document is a public record and may be disc losed/released pursuant to the California Public Records Act. MBdS&C0MM\M1SC\Appficafion 2010.docx • BAKERSFIELD ADMINISTRATIVE REPORT MEETING DATE: April 9,2025 AGENDA CATEGORY: Appointments TO: Honorable Mayor and City Council FROM: Julie Drimakis, City Clerk DATE: March 31, 2025 SUBJECT: Four appointments to the Keep Bakersfield Beautiful Committee as follows: 1. Ward 2—Alternate member, term expired December 2024 2. Ward 3— Regular member, resigned September 16, 2024 3. Ward 6—Alternate member, term expired December 2024 4. Mayor's appointment—Alternate member, term expired January 2025 RECOMMENDATION: Staff recommends Council determination. BACKGROUND: There are currently four vacancies on the Keep Bakersfield Beautiful Committee (KBBC). The current vacancies are due to term expirations of Sarah Huston (Ward 2) alternate member; resignations of Ray Scott (Ward 3) regular member on September 16, 2024,Tai Quan ( Ward 6) alternative member; and the appointment of Heather Panella (Mayor's appointment) from alternate member to regular member in December 2024.The positions run concurrent with the nominating Council members'term expirations. Nominations are approved by a majority vote of the entire Council. Member 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 residents: - Frankie Sutton - Jamie Little - David Baker - Nayeli Franco 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 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 with their corresponding appointed regular committee member. 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 by 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. • BAKERSFIELD FISCAL IMPACT: This action will not result in an impact to the City General Fund. COUNCIL GOAL: Innovative and Efficient City Government ATTACHMENTS: 1. Application from Jamie Little 2. Application from Frankie Sutton 3. Application from David Baker 4. Application from Nayeli Franco CLERK'S OFFICE USE ONLY: M4 SUBMIT TO: p, 7 CITY CLERK CITY OF BAK FIELD ; 1600 Truxtun Avenue- ?RESIDENT: 1 , NO Bakersfield, CA 93301 WARD N (661) 326-3767 Phone No. (661) 323,-3780 Fax No. CITY OF BAKERSFIELD APPLICATION FOR APPOINTMENT APPLICANTS ARE ENCOURAGED,TO CONTACT EACH COUNCILMEMBER TO COMMUNICATE THEIR INTEREST FOR APPOINTMENT. 1. Mr. Jamie Marie Little Mrs. Ms. First Middle Last 2. Residence address: 10705 Valle De Erro Ln Bakersfield Kern CA 93314 City County State Zip 6611 549-,15,96 Phone ( ' 'I 3. Position(s) sought: (List in order of preference) 1) Keep Bakersfield Beautiful Committee 2) Keep Bakersfield Great American Cleanup Planning Subcommiftte 3) All Keep Bakersfield Beautiful Subcommittees where needed, or Available 4) 4. Business Title or Occupation: NA- not currently working Company: Synagro 11/2012 - 11/2024 Address'. 2653 Santiago Rd Taft Kern CA 93268 City County State Zip Phone ( ' - ) 443 489-9000 5. Edlu cation - List schools attended and/or graduated/degree(s): Highland High School Diploma University of Phoenix Bachelors in, Buisiness Management 6. Other Special Training. or Experience- Mayors circle sponsors & crew captain for Great American CleanUp for ten years 7. Previous and present governmental and civic experience. Indicate when, position and duties.. Project Manager providing operational support for City& County Wastewater, Lanidfill & Recycling Facilities. Board Member-Taft College Foundation Board Member-Taft Chamber of Commerce Beard Member- Taft Community Garden . 'Please explain why you wish to serve on a. Board/Commission for the City ofBakersfield: have twelve years of experience in Waste (Management and Recycling Industry. During this, I recognized the significant creed for further education on responsible waste and recycling practices within our community This experience enhanced my appreciation for our communities beautification and cleanup efforts and, more importantly, motivated to become more involved. 9. fro 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 RELEME I understand that in connection with this application for appointment, the information contained herein will be rrm ate avraiNcwbNe to tl general public upon request. 3/7/2025 i nature of A ic6n _ — Date INFORMATION FOR CITY ROSTER AND INTERNET Please provide the City Clerk's Office with the following information. NAME. Jamile Marie Little ADDRESS: 10705 Valle De Errol Ln Bakersfield, CA 93314 PHONE NUMBERS: HOME:661-549-1596 AND/ WORK. E-MAIL ADDRESS 2jrrilittle@gmaitcom AUTHORIZATION AND RELEASE If appointed, this information will be printed in thle Roster of Counclimembers and Officials, Commissions/Committees. In aiddition, this Information will be provided on the City's Internet site at www.balkersfieldclity.us, i understand that in connection, with this application, for appointment, the information contained herein will be made available to the general publiic upon, request. 3/7/2025 �io store—6'f-A lic'ali Date NOTE: This document Is a public record and may be disclosed/released pursuant to the California Public Record's Act. VABds&Comm\,M1lSC\Appkcohon 2010,docx Jaml* e Little Keep Bakersfield Beautiful Committee Contact Dear Miayor Gott & City Council. Members, 10705 Valle tie I rro Ln.„ Bakersfield CA 93314 March 7, 2025 661-549-1596 2jmliftlle@gmaii.com I am writing to express my interest in joining the Keep Bakersfield Beautiful Committee. My name is Jamie Little, and I am passionate about community beautification and environmental sustainabiliiity. With my background in waste management & beneficial reuse. I am confident that I can contribute effectively to the committee's initiatives. 1 have been actively, involved in various community projects, including Mayors circle sponsor& crew caption for the Great American CleanUp for ten years. My skills in waste management, recycling and community garden oversight will be valuable in supporting the committee's goals of enhancing the aesthetic appeal and environmental health of(Bakersfield.. am excited about the opportunity to work with a dedicated team to make a positive impact on our community. Thank you for considering my application. l look forward to the possibility of contributing to the Keep Bakersfield Beautiful Committee. Sincerely, w w. CE J/-�11'I'E LITTLE .... �a��� � r� SYNAGRt1 . �....u.. �_. .._ SR.AD IINISTRATIVE ASSISTANT/TRANSPORTATION SUPERVI 'JR/EM COORDINATOR ,., 11/2012—11./2024 • South'Kern Compost Manufacturing Facility Community Outreach, 2JMLITTLE GMAIL.COM Manager.Serving the Fern County Farm Bureau,Taft Community Garden,Taft College Foundation,and Great American Clean Up,. „� Managing an annual$75k contribution budget. Recognized in the 2023 Sustainability report for exemplary Community Engagement. ( 61)549-1596 • Administer financials for two composting facilities. Issuing purchase orders and processing.all payables.Run month end financial reports for both facilities with corporate senior accountants. • Awarded the position of West Region Enterprise Resource Project(ERP) trainer. • Manage on site environmental compliance reports,programs,and working permit knowledge. M .. „�„ W� • Supervise the sites logistics of all inbound)and outbound raw materials. Communicate with subcontracted haulers for hauling needs and pricing OBJECTIVE for two composting sites.Manage scale house weighmaster data. • Manage customer relationships for operational)support and scheduling. am dedicated to serving others and • Led the sites Environmental Management System(EMS). Responsible for the community.Maintaining all'on-site EMS elements such as maintaining required documentation, Bakersfield"s beautification as'a administrating EMS training,corresponding with interested parties,and pleasant place to work and live supports actively participating in third party audits. this commitment. ...._ W...,. ...._ W, .. .� ............ ..... . KERN COUNTY BUILDERS EXCHANGE-BOOKEEPER 6/8/201.1-9/1/2011. • SKILLS w Administrate all office duties.phones,mail,reception,office supplies, • filing, and data entry. w Excellent written and oral • Plan and organize company events. communications. w Manage all accounts::A/P„A/R,reconcile monthly general ledger,.and + Effective time management. bank accounts. • Community engagement • Prepare monthly cash flow,profit and loss,aging,and budget through corporate social performance statements for Board of Directors using Excel. responsibility. w Work with and assist all contractors and sub-contractors with • Active problem solver and membership accounts and on-line plan room accounts. results oriented. Strong knowledge of the valley's environmental ADVANCED COMBUSTION&PROCESS CONTROLS,LLC regulations. OFFICE ADMISTRATOR /11/2008-11/12/2009 + Knowledge of California • Assist HR,Vice President,and President with,administrative duties employment laws. w Assist invoicing for employee time,specialty material!and inventory °"° °°. material.Assist with A/R'and A/P using CluickBooks. u � � VVVuuuuuuum � �. +� Assist with the startup process and separation from PI-Cs Plus. • Promoted to sister company Advanced Combustion&Process Controls, LLC. • Administrate all office duties.phones,mail,reception,office supplies, filing,and data entry. Prepare monthly cash flow,balance sheet,profit and lass statements for Board of Directors using Excel. Manage cuistomer contracts and customer bids. • Execute bi-weekly payroll in ADP while administrating all payroll deductions such as 401k,health'insurance,and wage orders.Assist with EDUCATION BACHELORS DECREE IN BUSINESS MANAGEMENT&HUMAN RESOURCES University of Phoenix • Learning through taking valuable courses such as Contemporary Business Law LAW/421,Business Communications COM/285, Employment Development HRM/326,Strategic Human Resource Management HRM/420 VOLUNTEER & LEADERSHIP' (04/2016—11/2024)Director for the Taft College Foundation Board (04/2016—11/2024) Director for the Taft Chamber of Commerce'Board (04/2016—11/2'024)Director for the Taft Community Carden. REFERENCES Carol Davalos(661)336-8210 Synag,ro West Region Transportation Director Ray Scott(661)703-0646 Burrtec/KBB Board Anthony Cordova(661)8I8-713 Vice Chancellor Workforce&Economic Development,CCCt7 CLERK'S OFFICE USE ONLY: SUBMIT TO: 25 FEB -1 AM w IAA CITY CLERK CITY OF BA FIEL'C 16�O Truxtun Avenue '" � � RESIDENT: YE NCB BakersfieIld, CA 93301 (661 ) 26- 767 Phone 'o. WARD NCB 1 4 6 7 (661) 2 - 780 Fax No. CITY OF BAKERSFIELD APPLICATION FOR APPOINTMENT APPLICANTS ARE ENCOURAGED TO CONTACT EACH COUNCILMEMBER TO COMMUNICATE THEIR INTEREST FOR APPOINTMENT. Mr. 1 . Mrs. Ms. First Middle Las 2„ Residence address; jq City County State Zip Phone L—) 1 Position(s) sought: (List in order of preference) 2) r� (I Mcd, 4) .._.._ .. . ..m .. ..... .... .. 4. Business Title or Occupation: ... r _._......... Company: Z"I �I. " __ _._____ Address: . City County State ZIp Phone ( -7S-d _. 5. Education - Lust schools attended and/or grad uated/degree(s): 6. Other Special Training or Experience: r ` TM Fa 18L(,+r co 7. Previous and present governmental and civic experience. Indicate when, position and duties: on 0 LPVerRMM4- p-Cri ence T, hold Is �;Or ovic `� � �- r cR+& '-0 8. Plea se"explain why you wish toiqrve on a Board/Commission for the City of Bakersfield: i rid f_�)�F j on -L ka —ri-,b woo'ld 19� o- r -t ovpor tnt our C� Acs" ne d Q0 , Obf�+s - 6F(0� Mvla�) ok., be,�� C,,N>,n6-c1 -kf� V1 9. Do you have any interests or associations which might present a conflict of interest? If yes, please explain: on ck cxkr 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 appoiniment, the information contained herein will be made available to the general public upon request. &d�v i 12I Signature of Applicant Date i INFORMATION FOR ' CITY ROSTER AND INTERNET Please provide the City Clerk's Office with the following information: NAME: Y�, i i ADDRESS: CA PHONE NUMBERS: HOME:ai SO 8 2(2C _ AND/OR WORK: E-MAIL ADDRESS UVO 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. 14.AA y / 25 Signature of Applicant Dat 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 y�Iyyµ � � G LE OFFICE USE+ �.,�', SIJI�IMT TO: CITY CLERK x' CITY OF BAKE FIELD 1600'Truxtun Avenue RESIDENT ES NO ariN , 1CA 93301' 166 N) -3780 Fax No. CITY OF BAKER FIEL T APPLICATION FOR APPOINTMENT APPLICANTS ARE ENCOURAGED TO CONTACT ACH COUNCILMEMBER,TO COMMUNICATE THEIR INTEREST FOR APPOINTMENT. Mr Qayid ky 'T (Baker Mr . Pirst Middle Last 'R drem5603 Tapia fit. Bakersfeld'�- ' Kern California 93306 County State Zip 59 20- 80 One' � �. ni s sooght. ' (Ust In ord' r of preference) :el p Bakersfield Beautiful 1'u embers Ward 3) sae 'Bakersfield Beautiful Alternate (Ward�B------------ .� Gq 1 Senior Consulting Utility Forester / Ranchlo Tree Service St ckdale Hwy, #100 . Kem California 93309 ` fit ,, Bachelor's In Environmental Studies � old 4 acheldra In Philosophy � � r, / a, INFORMATION FOR CITY ROSTER AND INT RNET" rovide"th e,,Ci ty ClerWsOffice with the fallowing information., ri "Der ,a i Baker, , �/ir sir 50 -82 - 80760-953-7319 . ADD y �y �✓ � y ESS AUTHORIZATION AND, RELEASE nformation will be printed in the Raster of Councilrremb rs and Corhmi sioris/Commllfi+ s. in addition, this Information, will be provided on r�iet site at w w w.bakersfieldait►.us. at in, connection with: this application for appointment, the informiotion jrr will be made available to the general public upon request. r�ti���✓ ��'����r,U% �/jrr.� i r . ...�.. ».��.�µ�,-w,,,,W.. ..... � l�aant - J �µ r uant to the Colifornio Public Records Act f ) th rSpedcll'TrdnIngl or Experience: pnt tf ri*11 Soclety or Aboriculturi-Certified Arbori t(Since' 020), .utility specialist rborista Ucen d'Timber Operator deirtifled Tree Care Safety Professional - MA l t mafion l Social o r!?gor ulf r --Tree Risk Assessment Qualification / rr Preavio s sand present overnment al and civicwhen, au»ati�experience. Indicate when, position and es. U$ army-,Combat Engineer -(200 - 01 ) kiondrald discharge bat deployment f- b12) rioor - "et orps N'~�aviugator- Spokane, - ( 1"7"- t1 isted,vMerans with college endeavorst Spokane Community College' shin ton Conversation or - Spokane WA - ummer 0117 sl rettatlon project„ forest cleanup, and more /o ��rlH�a��✓r;,r/ri6� �/�� r r r ` r ✓��,���y��� y y Commi sion iris the Cit of Blak rstielo��aun�v,>�h you rush to serve on a Board/Commission waiys,had love,for the outdoor tarn morn p campingin ar viNle,and fishing t 't:ake lsael�la t , o enjoying the unique beauty of Kings Canyon and Sequoia National / rig/r been afi n vina in the a tree industry Studies, I feel for as prepared aas a have ever beencompleting to take on the f, ✓✓r /,��,//,err/ ! � :,b lard member for Keeping Bakersfield Beautiful. l graver up and still liv on the Bakersfield, and seeing the improvement and development of my specific �gity has inspired rria to become more involved!. Furthermore,, I now,have three ' lds4-ill,under six years old--and l believe it to be my parenting duty to teach them i�ma fr�thaur�rrnm�wraw as welll. That being said, t believe I will be a valuable member Keep Bakersfield field Beautiful Committee, ,and l hope tojoin and contribute to the yr+ars to come.nt 'r✓arr%!r�r�// lt�f/j� ��!% rir uerst or sruatuolns which might present,o conflict of intert if yes, /j�✓�r���1 ���1�Y�1 �G��l�//nr/i�//;rr rr rl //1 / r�?%i r r / ,., ��%/frJJJI���;�r�;a��I�����ll✓/ara//rr. r 0 r'jli%l��r�r�%���/✓lllll�% r r ' / / , '.. r/f���//f r/��/��/HyrJ� ✓r/�J/� r/� i i rr rl, / // /ar �✓ %�d1�4r rirrr / i ��/i�//r%lr0// ///�l rr rra ,,,,, ,,,,;r,,,,,, ',,,,, ,,, ,;,, //✓��/�/!�/�(���, ���!'I/�%/✓�%�G�///�/%air// r r r ,,,., ,,'„,,„-, '„;✓%' ? r��rifr�%����'l✓��rll�l��%r�l// ///i///J/P/r r i , „- r/✓�J/j�����F�i/����tt�a��f���i//1✓l✓/✓�/�jri��H�✓!r rrr r �, � � ;,, - �'��rr/r/a ,fy`%Ir, ff y Ire r rmr urr l ray. t titm rn l information or stolernenh which you feel ,woluldl be helpful in AUTHORIZATIOWAND RELEASE /' ✓ /,�fi/1G / r r / /J r/ / tJJ0J'i*Jththh,dppli ptm n for appointrhent, the inf6r aflon contained clontained herein w4i be ll `,vpon re uae t ! ©/D�Ji rl�// ! rri//�✓/%r //li✓ 1r 3/0'"T "; /11�� �1J//%//6/r1/�! jl✓i/Wi rli r r/ /ir r / p��I /20+ .5 - �!� p � l Hl/�J�r 1 r t 1 � t l�f�Hl1l//J/i/J/r a r/✓rr i/r / ail/ �f+ � ja I �llr✓�/����%�/f��%%�/fir// r .,, � *CLERK'S OFFICE USE ONLY- SUBMIT TC+: ;°,u CITY CLERK CITY OF BAK FIELD 1600 Truxtun Avenue RE IDEN1f: E NO Bakersfield, CA 93301 (661) 26- 767 Phone No. WARD N{ . 3 4 7 (6 1) 23- 780 Fax No. CITY OF BAKERSFIIELD APPLICATION FOR APPOINTMENT APPLICANTS ARE ENCOURAGED TO CONTACT EACH COUNCILMEMBER TO CCMMUNICATE'THEIR INTEREST FOR APPOINTMENT. ,, r . Nayali Yuliana Franco l. GIs. First Middle Last 2. Residence address. 302 E St Bakersfield fern CA 904 City County State Zip Phone (661 G 0 -7 866 Position(s) sought: (List in order of preference) 1) City Planning Commission 2) Historic Preservation Commisien 3) Deep Bakersfield Beautiful Committee 4) 4. Business Title or Occupation: Specialist Company: City of Bakersfield Address: 1600 TruXtun Ave Bakersfield Kern CA 93301 City County State Zip Phone (6 1 ) 2 - J 5 Education- List schools attended aind/car giroduated/degree(s); University of La Verne CBUB - 11fIlBA in progress 6, Other Special Training or Experience: I am an active Nota!y Public with the State of CA, Bilingual in Spanish, 7, Previous and present governmentali and civic experience. Indicate when, position and duties: Present governmental experience-COB 7/2024 to present Economic and Community Development Specialist.Grant administration and monitoring of completed projects.Tasked with reviewing downpayment assistance applicants and execubing covenants agreement wdih successful applicants.Conduct environmental review determinations. Prior governmental experience-County of Kern 9/2018-9/2022- Kern County Fire Department-Fiscal Support Specialist-Prepared,balanced,and reconciled payroll. Processed biweekly payroll accumullative record,ensured accurate entries,resolved inconsistency. Kern County Auditor Controller-Fiscal Support Technician 2/2019-412021 Technician Received CEQA reports over the counter and processed them for accuracy to ultimately record and process filling feesfor the State of California Fish and Wildlife Department.Processed monthly reconciliation of CEQA reports andsubmitted for review. Processed over the counter marriage license applications, Fictitious Business Name,NotaryPublic Oatlhs,Legal document assistant. 8. Please explain why you wish to serve on a Board/ ommission for the City of Bakersfield: I'm excited to continue my commitment to my community by serving on a board! or commission. I am able to give back to my community as a Bakersfield resident and public service enthusiast because of the unique and invaluable perspective that my public service experience has provided me. Serving is a fantastic platform for both professional and personal development, so I am thrilled about the chance to learn new things and gain new abilities. 9. Do you have any interests or associations which might present a conflict of interest? If yes, please explain: None Please attach your resume, and any additional information or statements which you feel would be helpful in reviewing your qualifications. AUTHORIZATION AND RELEASE understand that in connection with this application for appointment, the information contained herein will be made availabte to the general public upon request. 0a Signature of Applfant Date INFORMATION FOR 'CITY ROSTER AND INTERNET Please provide the City Clerk's Office with the following information: NAME.* Nayeli Franco ADDRESS: Bakersfield CA 93304 P140NE NUMBERS., HOME: AND/OR WORK: E-MAILADDRESS nylmofran07@gmail.com AUTHORIZATION AND RELEASE if appointed, this information will be printed in the Roster of Counclimembers and Officials, Cornmissions/Committe, s. in addition, this Information Vill be provided on the City's Internet site at www.bakersfieldclty.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. 41� 3 202 S- Signature of Applicant Date NOTE: This document is a public record and may be disclosed/released pursuant to the California Public Records Act. VAB,ds&ComM\M1SC\App1icafion 2010.docx ............................ N yeli Franco Cell phone:661-808-7866 Email:nylmofran07@grnail.com EXPERIENCE City of Bakersfield July 2024 -PRESENT Economic and Community Development I Specialist Grant administration/project management monitoring grant compliance of Federal programs l ike.HUD D HOME grant,ARPA,State programs.LHTF;Local programs:PSVS. Downpayment Assistance Program processing and providing a determination of approval or denial of program funds then once awarded,executing annual owner occupancy monitoring and reporting,. Conduct environmental review determinations,National Environmental Policy Act,CEs and CENST,to ensure environmental compliance.Perform research and prepare a variety of comprehensive reports varying in complexity, County of Kern April 2021 -September 2022 Kern County Fire Department I Fiscal Support Specialist Served as a lead,to include assigning and monitoring work:,training employees on work methods,and providing direction,Assisted customers and employees with requests for information over the phone and in person.Prepared, balanced,and reconciled records,a variety of financial data and information. Entered a variety of fiscally related information into databases and maintained records and files.Processed biweekly payroll accumulative record, ensured accurate entries,resolved inconsistency and reconciled at the end of the report. County of Kern February 2019-April 2021 Kern.County Auditor Controller Elections County Clerk j Fiscal Support Technician Received CEIA reports over the counter and processed them for accuracy to ultimately record and process filling fees. for the State of California Fish and Wildlife Department_Processed monthly reconciliation of CEQDA reports and submitted for review.Processed over the counter marriage license applications,Fictitious Business Name,Notary Public Oaths,Legal document assistant,Certified copier,processed fees and reconciled daily. Authenticated signatures of active and previous assigned county officials.'Served as a lead,trained employees on work methods,and provided direction.Assists customers and employees with requests for information over the Phone and in person. County of Kern September 2018-February 2019 Kern County Auditor Controller Elections County Clerk j Office Support Technician Assisted customers and processed over the counter payments,Processed,maintained and stored confidential information routinely maintaining privacy and confidentiality.Received mail,logged into system,and distributed to correct personal. City of Bakersfield July 2017- October 2017 Water Resources I Clerk Typist I Conducted legal search to answer questions regarding policy and procedure through verbal and written correspondence.Communicated clearly and concisely,orally and in writing.Provided complex data entry assistance to management staff through researching and monitoring contracts.Transcribed letters and wrote memos from rough drafts,oral instructions,or dictated notes;and input over 12,000 units of sensitive data. ACHIE MMEN'TS SKILLS • BA Business Administration 02/2022 • Bilingual-Spanish • Notary public est.09-2024 • NvIS Office Suite proficient • Grant Management Certification • Time management Dionisio Mitchell � My Depot Chief Operations Kem County Fire Dept (66 0 2 V'28 i err wry �1 To Whom It May Concem: I am honored to write about Nayeli Franco as a potential candidate with your organization. Nayeli carve into our organization during a massive leadership change,as well as our busiest time of year. Given that people are aware of the California Fire mn,; most will not truly understand the dedication it takes to be employed with an organization during those challenging moments.Nayeli carve into our organisation welcoming that challenge and supped up to help our department in a time of need. There was no time to graciously walk her through the new responsibilities associated with her position. Mather, it was more of rapid,. highly dynamic,chaotic environment that demanded she learn on the go.Not too many do well in those stressful environments,but Nayeli has thrived in it. The fire Service comes with its own culture that is focused on serving the needs of our communities through emergency incidents.These demands often do not align with a. conventional schedule that most of society follows.That is why our employees are routinely having to step up in a time of need to meet the needs of our customers.Nayeli has been great at making herself available,learning a new culture, multitasking,adapting her hours to fulfill the mission.,and stepped up to assist her fellow teammates in the strenuous moments of a pandemic. It is noticeable that Nayeli is someone who succeeds in stressful environments, but. what I enjoy the most would be that she accomplishes these feats with a smile.. Nayeli's a quick learner who does well at attaining new skills,and then can apply these into action with no issues. She is always asking for more responsibility as she is eager to continuously learn.'That has assisted in heel,ping,push our Payroll division into new heights of accomplishment and success. In my time with this department, I have not seen this type o dedication to ensure the employees of this organization are taken care of with such sincerity. Nayeli cares about doing an excellent job,but furthermore she cares about delivering quality work that provides excellent customer service. In this case,her customers are the risen and women of the Kern County Fire Departmea I have heard nothing but exemplary feedback from our department personnel. It is in my humble opinion that Nayeli would be an asset to any organization that she belongs to. She has clone well as a member of a team,,but it is time for her to start leading teams. If you have any questions, please feel free to contact me any tune,. Thank you., I°roudI� % 'scr%61�.',I11 'Itio° rah'An In,Bakvo slit,IIt1, a h Im'vu , hbn7 a)p,A'It,I,rrlartg1, ItidI,iecrvo, ShAh cr, 1 aIi, I�9rsa @i»IItiy WA dr,fuwzul jV9 C@ a1 i I a(0 p w p o s1,1t I Arc°.r nfl I^. ni 4 7s%tli1i Mary B. Bedard, CPA Auditor-Controller-Coum Clerk KERN COUNTYUDIf OR—CONTROLLER- OlNTY CLERK l l 15 Truxtun Avenue, lst and 2nd Floor* Bakersfield,CA 93301-46 9 To Whom It May Concern: Re: Letter of Recommendation Nayeli Franco Nayeli Franco has been a Deputy County Clerk with the County of Kerry for well over two years. Essential functions as a Deputy County Clerk include issuing marriage licenses,Fictitious Business Name Statements, registering and swearing in Notary Public's, posting.California Environmental (duality Act(CEQA)documents,maintaining official appointments, registering and licensing specialized legal occupations processed by our office. Additional daily duties are answering main telephones, routing calls, and balancing cash drawer at the end of day. During this pandemic, our office charged procedures to continue to provide services to our customers.Nayeli took charge and responsibility for creating rejection letters for multiple applications that now needed to be filed by mail and were filed incorrectly. Our office was short staffed for separate weeks at a time, yet she was willing to help staff with their assigned work to complete all incoming mail. Nayeli was able to manage her schedule well and maintained a high level of accuracy in her work; She worked efficiently and effectively to meet deadlines while working under pressure. She took proper measures to maintain social distancing with customers and demonstrated organizational and planning skills. She takes responsibility for her work and was often ready to work extra hours to ensure work was completed timely and accurately. In addition to working her normal duties in County Clerk, she was also incredibly helpful. with working in the 2020 Presidential. Election, assisting with preparation before„ during and after. Volunteering to work extra hours alter the election to ensure that the election results were certified timely to the 'State of California. Making a positive contribution to the fern County Arzditor-Controller-Elections-Couiity Clerk,as a valuable team member, committed and eager to learn new procedures. I ain confident that Nayeli Franco will make a positive contribution to any department and emceed expectations. She is an asset to our team, and it is with great pleasure I write this recommendation letter on her behalf. Sincerely, Mayra Hernandez Fiscal Support Supervisor Auditor-Controller-County Clerk MB,B/MB/AE/MH kerldlnow-.unmirev8lron:evi•'a*bD§'•^au I-tX ual-riv�x.°' .c,GU d......0)(1'�l„ K pleg,+a'4iari0W'uurntJ:1trIimol0.¢O,FR,A.x�was(7 rrNV.*')'a""-"A) I PAIC State of California Secretary of State 1, Shirley N. Weber, Ph.D., Secretary of State, in the name and by the authority of the People of the State of California, do appoint and commission NAYELI FRANCO Notary Public of the State of California Commission Number: 2500822 'Term commencing September 28,2024 and ending September 27, 2028 with the principal place of business in the county of KERN. OF IN WITNESS WHEREOF, I execute this certificate and affix the GREAT SEAL of the State of California this 24th day A of September 2024. Ui 0 r. "n C41L I F 0 ft 9y SHIRLEY N.WEBER,Ph.D. Secretary of State NP-26A(REV 01/2021) ........................ 0z 00 > to ra to O g to ra K, fD w CA CA rD a 0 • BAKERSFIELD ADMINISTRATIVE REPORT MEETING DATE: April 9,2025 AGENDA CATEGORY: Appointments TO: Honorable Mayor and City Council FROM: Julie Drimakis, City Clerk DATE: April 1, 2025 SUBJECT: Two appointments to the Bakersfield Public Safety and Vital City Services Measure Oversight Committee due to the term expirations of Connie Perez (Ward 2) and Mary Madland (at-large) RECOMMENDATION: Staff recommends Council determination BACKGROUND: Currently there are two vacancies on the Bakersfield Public Safety/Vital City Services Measure Citizens Oversight Committee (Committee).The current vacancies are due to term expirations of Connie Perez-Andreesen (Ward 2),whose term expired November of 2024, and Mary Madland (At-large), whose term expired on February 6, 2025. Councilmembers each nominate one member which will be confirmed by majority vote of the Council. Individuals must reside within the City of Bakersfield for the duration of their term, but do not have to reside within the Ward they are nominated to represent. Applications for appointment have been received from: • Mary Madland—Incumbent (At-Large) • Frankie Sutton The City Council formed the Committee on January 9, 2019.The Committee is comprised of members who represent a diverse demographic cross section of the community with experience in business, leadership, accounting and related fields for the purposes of ensuring the proceeds of any revenues pursuant to the measure are expended in a manner consistent with the priorities of the measure. In making its appointment to the Committee,the City Council may, at its discretion, consider various factors applicable to each candidate including, but not limited to the candidate's professional and educational background and affiliation with or nomination by groups or organizations such as the Greater Bakersfield Chamber of Commerce, Kern County Taxpayers Association, Bakersfield Association of Realtors and Kern Citizens for Sustainable Government. FISCAL IMPACT: This action will not result in an impact to the City General Fund COUNCIL GOAL: Innovative and Efficient City Government ATTACHMENTS: 1. Mary Madland application 2. Frankie Sutton application SUBIMIT TO: CLERK'S OFFICE USE ONLY: CITY CLERK ?4 NOY - I AID, I I. ",�'15 CITY OF BAKF Nth 1600 Truxtun Ave,,,, 1 LLU L RESIDENT:, Bakersfield, CA 93301 Phone: (661 ) 326-3,767 Fax No: (661') 323-3780 CITY OF BAKERSFIELD BAKERSFIELD PUBLIC SAFETY/VITAL CITY SERVICES MEASURE CITIZENS OVERSIGHT COMMITTEE APPLICATION FOR APPOINTMENT Please attach your resume and any additional information or statements that you feel will assist in reviewing your qualifications, Mr'1 . Mrs Ms. First Middle Lost 2. Residence address: City State Zip Code Phone 3 Business Title or Occupation: Company:_ -r-c�jQ-T-A jy= Address: ............... CA- 6 City State Zip Code Aq Phone 4. Education - List schools of tended and/or gra duated/degree(s): 5. Are you affiliated with any of the following groups: Greater Bakersfield Chamber of Commerce, Kern County Taxpayers Associaflon, Bakersfield Association of Realtors or Kern Citizens for Sustainable Government? Yes No X—4— If yes, please briefly describe your affiliation: 1 6. Please describe your experience in business, leadership, accounting and related fields that may be relevant fo the investment priorities listed within the Bakersfield Public Safety/Vital Ofy Services Measure: q-Mjf� '6UN AW-Q)Ut Y)�ZWS--� -Ti ON t) A f\f s\�)r �-q,- - Lk V S )4\LLS (),ov, 7, Please explain why you wish to serve on the Bakersfield Public Safety/Vital City Services Measure Citizens Oversight Committee: IN W\-NI00Q-% IINIE C,\-" br,-T—,F-F(� Y-�r'-q T41t" Ve'OVL \-N ) ANC mhy-A,40:� 17 0 'NN 2 AUTHORIZATION AND RELEASE I understand that in connection with this appiccatian for appointment, the information contained herein will be made available to the general pubflc upon request, 0 � Signature Applicant Date 3 INFORMATION FOR CITY ROSTER AND INTERNET Please provide the City Clerk's Office with the fallowing information: NAME: �► PHONE NUMBERS: HOME: AND/OR E-MAIL ADDRESS AUTHORIZATION AND RELEASE If appointed, this information will be printed in the Roster of Councilmernbers and Officials, 'Commissions/Committees, in addition, this information will be provided on the Ci y'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. Signature of-Applicant Gate NOTE. This document is a public record and may be disclosed/released pursuant to the California Public Records Act. 4 CLERK'S OFFICE USE ONLY: SUBMIT TO: 25 FEB -1 AM w IAA CITY CLERK CITY OF BA FIEL'C 16�O Truxtun Avenue '" � � RESIDENT: YE NCB BakersfieIld, CA 93301 (661 ) 26- 767 Phone 'o. WARD NCB 1 4 6 7 (661) 2 - 780 Fax No. CITY OF BAKERSFIELD APPLICATION FOR APPOINTMENT APPLICANTS ARE ENCOURAGED TO CONTACT EACH COUNCILMEMBER TO COMMUNICATE THEIR INTEREST FOR APPOINTMENT. Mr. 1 . Mrs. Ms. First Middle Las 2„ Residence address; jq City County State Zip Phone L—) 1 Position(s) sought: (List in order of preference) 2) r� (I Mcd, 4) .._.._ .. . ..m .. ..... .... .. 4. Business Title or Occupation: ... r _._......... Company: Z"I �I. " __ _._____ Address: . City County State ZIp Phone ( -7S-d _. 5. Education - Lust schools attended and/or grad uated/degree(s): 6. Other Special Training or Experience: r ` TM Fa 18L(,+r co 7. Previous and present governmental and civic experience. Indicate when, position and duties: on 0 LPVerRMM4- p-Cri ence T, hold Is �;Or ovic `� � �- r cR+& '-0 8. Plea se"explain why you wish toiqrve on a Board/Commission for the City of Bakersfield: i rid f_�)�F j on -L ka —ri-,b woo'ld 19� o- r -t ovpor tnt our C� Acs" ne d Q0 , Obf�+s - 6F(0� Mvla�) ok., be,�� C,,N>,n6-c1 -kf� V1 9. Do you have any interests or associations which might present a conflict of interest? If yes, please explain: on ck cxkr 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 appoiniment, the information contained herein will be made available to the general public upon request. &d�v i 12I Signature of Applicant Date i INFORMATION FOR ' CITY ROSTER AND INTERNET Please provide the City Clerk's Office with the following information: NAME: Y�, i i ADDRESS: CA PHONE NUMBERS: HOME:ai SO 8 2(2C _ AND/OR WORK: E-MAIL ADDRESS UVO 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. 14.AA y / 25 Signature of Applicant Dat 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 • BAKERSFIELD ADMINISTRATIVE REPORT MEETING DATE: April 9,2025 AGENDA CATEGORY: Appointments TO: Honorable Mayor and City Council FROM: Julie Drimakis, City Clerk DATE: April 2, 2025 SUBJECT: One appointment(at large)to the Historic Preservation Commission to a three year term Due to the term expiration of Eileen Diaz on March 31, 2025. RECOMMENDATION: Staff recommends City Council determination BACKGROUND: There is one (at-large) appointment to the Historic Preservation Commission (Commission) due to the March 31, 2025, term expiration of Eileen Diaz. Commission members serve three year terms. The term for this appointment will expire on March 21, 2028. Two applications for appointment have been received from: • Elizabeth Harris • Heather Rozzo The Commission is an advisory body of the City Council. Members must be Bakersfield residents but are not required to live within specific wards throughout their three year terms.The Commission is composed of five members; nominations are made by the full City Council. The Commission reviews applications for cultural resources designations and historic districts, and items referred by the Planning Commission, Board of Zoning Adjustment, and the City Council.The Commission conducts public hearings on designation applications and subsequently makes recommendations to the City Council. Commission meetings are held on the third Tuesday of each month at 4 p.m. or as needed. FISCAL IMPACT: This action will not result in an impact to the City General Fund. COUNCIL GOAL: Innovative and Efficient City Government ATTACHMENTS: 1. Elizabeth Harris 2. Heather Rozzo Lo FEB 26 PPI CLERK'S OFFICE USE ONLY: SUBMIT TO: CITY CLERK CITY OF BAKMIELD A 1600 Truxfun venue RESIDENT NO Bakersfield, C.A. 93301(661) 326-3767 P WARD NO. 1 2 �4 5 6 7 h one No, (661) 323-3780 Fax No. CITY OF BAKERSFIELD APPLICATION FOR APPOINTMENT APPLICANTS ARE ENCOURAGED TO CONTACT EACH COUNCILMEMBERTO COMMUNICATE THEIR INTEREST FOR APPOINTMENT, MrMr. Elizabeth (Lisa} Lea Harris 1. s. Ms. First Middle Lost 2, Residence address: 1!910 Alta Vista Bakersfield Kern CA 93305 Cufy Colunify State Zip Phone949 500-6570 ( 3. Position(s) sought: (List in order of preference), Historic Preservation Commission 2) 3) 4) 4. Busuness Title or Occupation: Senior Marketing Associate Comipany: Bureau V.eritas North America, Inc. ........... Address, 6100 Rosemead Blvd., Suite 233 (work remotely) Pasadena Los Angeles CA 91107 &t-y County State Zip Phone (7114 ) 856-1662 5. Education - List schools alftended and/or graiduated/degree(s): B.S., Business Administration, California State University, Long Beach 6. Other Special Training or Experience: Board Member and Financial Officer, Living Success Center, a non-profit counseling center Proposal writing, fundraising, historical research, financial reports, event production, trade shows, recruiting. 7. Previous and present governmental and civic experience. Indicate when, position, and duties: Second Harvest Food Bank, Volunteer Reading Partners, Volunteer Court Appointed Special Advocates (CASA), Volunteer America Works for Kids - Gravity Car Derby, Volunteer The Walk to End Alzheimer's, Participant 8. Please explain why you wish to serve on a Board/Commission for the City of Bakersfield: I am honored to own one of the homes on the Bakersfield Register of Historic Places, the Hugh Curran Home located at 1910 Alta Vista Drive, which I purchased in December of 2021. 1 have an avid interest in and love of historic buildings and would welcome an opportunity to be of service to the Historic Preservation Commission, 9. Do you have any interests or associations which might present a conflict of interest? If yes, please explain: No Please affach your resume, and any additional information or sfafernents 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.a aii1able to the genera �put P b1i qA request. 2/26/25 Y ,4 a Signature/,'. Applicnt Date INFORMATION FOR CITY ROSTER AND INTERNET Please provide the City Clerk's Office with the following information: NAME: Elizabeth (Lisa) Harris ADDRESS: 1910 Alta Vista Drive Bakersfield, CA 93305 PHONE NUMBERS: HOME:(949) 500-6570 (cell) AND/OR WORK: E-MAIL ADDRESS Lisa LHarris7@gmiai l.com AUTHORIZATION AND RELEASE If appointed, this information will be printed in the Roster of Councillmembers and Officials, Commissions/Committees. In addition, this information will be provided on the City's Internet site of wwwbakersfieldc[tyus. I understand that in connection with this application for appointment, the information contained herein will be made available to the general public upon reqiuest, 2/2 /25 Signat re of Applicant Date NOTE: This document is a public record and may be disc losed/release'd pursuant to the California Public Records Act. V:\Bds&Comrn\M1SC\AppHcafion 2010.docx KZEIIEM- Lisa Harris Senior Marketing Associate EDUCATION t.is„,w hc),QI(.)Ie II it w:two ttec ado car ex[x r it nce ta,a nnark(ting pr�;:a'c.,sio r d to b a[h r.urpur,&, ,ar d a:,,, r c:y se,tii Ig, :..r i -ski IIs I17c1ude roar uogir.Ial atrr r���:y�I ar;d co.I r.e arron, Ft.S.„la.l.,lw ":;JI(r IP1f tr.a1af.3n 9d 'Ji'rtl fly„(Ityrl.11 ri,iark tirig,(,,per t rl'1<ill�] K� I'1EPrI „Jr �d`,�ItL.Ir3�Wl'�i(CrLCC�E'r7'tlf$F.`C 'd5c)I.JI�; Ii � P_I�,i �E.ti�lr..� � t`CG'tii(?9,u11�1'�?rl�Cl€.tir'tlytri '81� fC1� b�':ip actin,'✓ ,l h @i Irtc'^r'c'aialtrtives PROFESSIONAL AFFILIATIONS Ar �t oir-an SELECT PROJECT EXPERIENCE: Senior Marketing Associate Bureau Veritas North America Inc. '�r�ci�ytm�fc:)r PJ�arl�cati� �a r,ylc-�,d irar�,;wl c c w)Ic os(`,'9 PS' 2018-Present Wln,lf,r,�and deliveis the ch-,<,Igw-and(7%cxjucii4➢Irl 0 plant9('I l mark tit prC'grgV n,is,we k llr1i;,I, ( ["C:7l:JE:7 l rv: l'aCr 3St_ PlJ(il email I"r7Gai k Bill,-,,6 ternal c o -r iur&K at9t7[ and ti ade�,I';rArJ TENURE AT BV activitic:r:,. (1h Marketing Director' TOTAL YEARS OF EXPERIENCE h1CG Associates,Inc. 2016-2018 Res,Pr,ar ",ttldf,k)r project tea,rri as.,�;r.:bly,iJICJpo-,,4 wntuig, .iion', cornrnur Icatio rb, "el„1 ida'ra P:llil i ,lE'r'I li=•„and a iafihetingeverlts fof rl svu fk,ifai erilr,Incerinlg,ind(onsti(p,tlr➢ri iIrpj Iqa stjplJorL 01 r,ornp Wray k n..is;ir r s ubjr r l ves, Marketing Manager Idea Halt 2014-2C16 Ma nagged rnarketinqactiforvities ralrroimirUrt Tf'e ( acccurt I�rldIi-,cfilgco I+ I td 4(PC1prnT ill, ad 3rtisirgg c cai l igra.,£,.IYu,O marketing,,I Sr,BrCh OtId Copy writing,c..istorY(,r tC 53.krT o i:fist,Sjid=`'ro prrld xticw rardd Marketing Specialist Irvine Company 2001-2014 r , ^ .t,rt(�t ti° tr.e,ic,�`c:ar ar ��li ¢�c rP �r.�t raf i �r l.rrt.is°rt c�l',riu�rtr lot a art �l'la aerrnJr4 caF>r'sl tidies,add„reati ri ar".d ,t-vf-nt rn artaagen,oiai:aaiiri iar.aragr4 Recruiting..Manager Tech Net Associates 1998-2001 aa�,,l�7c.ari ilnlrl,�yr +n ficiBi Lif a „r.I�r�crailr�r�r;t Ic'rt:Iar�rr.�Ilaa>r ,�,�icar��i �1���1~s�ttaRg�,x��:a��rra, ���a�i�uia�> nN-,r'-viewwgand pi;brc�:rmerr't. p! CLERK'S OFFICE USE ONLY: SUBMIT TO: CITY CLERK CITY OF OF BA FIELD El 1600 Truxtun Avenue RESI N TYE" NO Bakersfield, CA 93301 (661) 326-3767 Phone No. WARD NO. 1 2 Q 4 5 6 7 (66 l) 323-3780 Fax No. CITY OF BAKERSFIELD APPLICATION FOR APPOINTMENT APPLICANTS ARE ENCOURAGED TO CONTACT EACH COUNCILMEMBER TO COMMUNICATE THEIR INTEREST FOR APPOINTMENT. Mr.1. Mrs. Heather Dawn Rozzo Ms. First Middllle Last 2. Residence address: 11119 Patagonia Way Bakersfield Kern CA 93306 City County State Zip Phone (559 ) _203-4389 3. Position(s) sought: (List in order of preference) Historic Preservation Commission i 2) City Planning Commission .. ................... 3) 4) 4. Business Title or Occupation: Attorney Company: .Rozzo Law Group Address: 4400 West Riverside Drive, Ste. 110-500 Burbank Los Angeles CA 91505 City County State Zip Phone (559 ) 203-4389 5. Education - List schools attended and/or grad u a ted/degree(s): UCSD - B.S. Psychology - (1999) Univ. of Wyoming, College of Law - J.D. Law - (2009) .......... A00%, 10�) & Other Special Training or Experience: Leaal backaround Service on prior commissions ............... 7. Previous and present governmental and civic experience. Indicate when, position and!, duties: *Traffic Commissioner,Laramie,WY(Appointed) Dates:2006-2007 Description: Evaluated public andl agency input on proposed traffic changes,presided over hearings,and voted on recommendations to City Council. Contributed to strategic short-and long-term traffir planning efforts. *Citizens Oversight Committee(Measure K),Reedley,CA(Appointed) Dates:2012-2013 Description: Provided oversight for Measure K initiatives„revtewed proposals and public feedback,and made recommendations to City Council to ensure effective implementation and accountability. *City in the Hills(HOA-Master Board)-Bakersfield,CA Dates:Current 8. Please explain why you wish to serve on a Board/Commission for the City of Bakersfield: As a licensed California attorney with a strong background in public service, I am eager to serve on the Historic Preservation Commission for the City of Bakersfield because it aligns perfectly with my passion for community engagement and my professional expertise. Having lived in Bakersfield for three years and being bom in nearby Fresno, I feel a profound connection to thiis region's history and identity. The opportunity to contribute to the preservation of its cultural resources and historic districts excites me, as it allows me to safeguard the stories and structures that define our collective heritage. My experience on boards like the Traffic Commission and the Citizens Oversight Committee has honed my ability to,review complex proposals, facilitate public hearings,and make informed recommendations—skills I am enthusiastic to apply to this commission's mission. 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 qualificof ions. 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. Signature of Applicant Date INFORMATION FOR CITY ROSTER AND INTERNET Please provide the City Clerk's Office with the following! information: NAME: Heather Rozzo ADDRESS: 11119 Patagonia Way Bakersfield, CA 93306 PHONE NUMBERS: HOME:(559) 203-4389 AND/OR WORK: E-MAIL ADDRESS hrozzo@gmail.com AUTHORIZATION AND RELEASE If appointed, this information will be printed in the Roster of Counclimembers and Officials, Commissions/Commiffees. In addition, this information will be provided on the City's Internet s,ite 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. ��F 3128/2025 Signature of Applicant Date This document is a public record and may be disclosed/released I pursuant to the California Public Records Act. V:\Bds&Comm\MJSC\AppHca1[on 207 0.dacx ° 'BA R"'�� ,. BAKERSFIELD CITY COUNCIL MINUTES MEETING OF MARCH 26, 2025 IF O Council Chambers, City Hall, 1501 Truxtun Avenue Regular Meetings—3:30 p.m.and 5:15 p.m. REGULAR MEETING - 3:30 PM 1. ROLL CALL Present: Mayor Goh, Councilmembers Arias, Gonzales, Smith, Koman and Bashirtash Absent: Vice Mayor and Councilmember Weir 2. PUBLIC STATEMENTS 2.a. Non-Agenda Item Public Statements Eddy Laine spoke regarding Tree Canopy and Urban Forest Plan (written materials provided). 2.b. Agenda Item Public Statements None. 3. REPORTS 3.a. Administrative Citations Process Update and Automation Proposal. (All Wards) (Staff recommends approval and authorization to automate the Administrative Citation process.) City Manager Clegg made staff comments. Park Ranger Manager Owens made staff comments and provided a PowerPoint presentation. Councilmember Gonzales requested staff discuss the improvements related to the Administrative Citation Process and develop metrics to measure progress of the improvements. Motion by Councilmember Gonzales to approve the authorization to automate the Administration Citation process. Motion approved with Vice Mayor Kaur and Councilmember Weir absent. 4. CLOSED SESSION 4.a. Conference with Legal Counsel — Existing Litigation; Closed Session pursuant to Government Code Section 54956.9(d)(1) regarding Jonathan Wharton v. City of Bakersfield, et al. Kern County Superior Court Case No. BCV-23-103909 Motion by Mayor Goh to adjourn to Closed Session at 4:02 p.m. The Closed Session meeting was adjourned at 4:29 p.m. Meeting was reconvened at 4:30 p.m. Bakersfield, California, March 26, 2025 - Page 2 5. CLOSED SESSION ACTION 4.a. Conference with Legal Counsel — Existing Litigation; Closed Session pursuant to Government Code Section 54956.9(d)(1) regarding Jonathan Wharton v. City of Bakersfield, et al. Kern County Superior Court Case No. BCV-23-103909 City Attorney was given direction by a vote of 5-0 with Vice Mayor Kaur and Councilmember Weir absent. 6. ADJOURNMENT Mayor Goh adjourned the meeting at 4:30 p.m. Bakersfield, California, March 26, 2025 - Page 3 REGULAR MEETING - 5:15 PM 1. ROLL CALL Present: Mayor Goh, Councilmembers Arias, Gonzales, Smith, Koman and Bashirtash Absent: Vice Mayor Kaur and Councilmember Weir 2. INVOCATION by Dr. Billy Rash, Pastor of Kern Christian Center. 3. PLEDGE OF ALLEGIANCE by Anthony Aceves, 71h grader at Freedom Middle School. 4. PRESENTATIONS 4.a. Proclamation to Jeffrey Gutierrez, President of DeWalt Corporation, declaring National Surveyors Week in Bakersfield, during the week of March 24, 2025. 4.b. Proclamation to Joe Turner, Job Spot Administrator for Bakersfield Adult School, declaring the week of April 7, 2025, as Adult Education Week in Bakersfield. 5. PUBLIC STATEMENTS 5.a. Non-Agenda Item Public Statements 1. Sophia Felix and Heather Pennella spoke regarding Keep Bakersfield Beautiful and provided a PowerPoint presentation. 2. Johnny Olaguez spoke regarding project bidding (written material provided). 3. Chandler Weber spoke regarding Small Business Administration natural and economic disaster resources. 4. Glen Klepic spoke regarding his removal from the eligibility list for Police Officer. Mayor Goh requested staff follow-up with Mr. Klepic regarding his questions about the Police Officer recruitment process and his removal from the eligibility list. 5. Jessic Sierra spoke regarding park development in her neighborhood. Mayor Goh requested staff follow-up with Ms. Sierra regarding an undeveloped park in her neighborhood. 5.b. Agenda Item Public Statements 1. Joshua Champlin, Kern County Public Works Director spoke regarding Consent Calendar item 7.g.4. (written material provided). 2. Matt Brady regarding item Consent Calendar item 7.g.4. 6. APPOINTMENTS None. Bakersfield, California, March 26, 2025 - Page 4 7. CONSENT CALENDAR a. Minutes: 7.a.1. Approval of minutes of March 12, 2025, Regular City Council Meetings. (Staff recommends approval of the minutes.) b. Payments: 7.b.1. Receive and file department payments from February 28, 2025, to March 13, 2025, totaling $20,897,265.80 as follows: department payments in the amount of $20,436,673.07 and Self Insurance payments in the amount of$460,592.73. (Staff recommends receive and file report.) 7.b.2. Receive and file department agreements over $40,000 and under $100,000 executed between February 28, 2025, and March 13, 2025. (Staff recommends receive and file report.) C. Ordinances: None. d. Resolutions: 7.d.1. Resolution to update Investment Policy Statments for trusts managed by Public Agency Retirement Services (PARS). (Staff recommends adoption of the resolution.) RES 029-2025 7.d.2. Resolution authorizing a joint application to the California Department of Housing and Community Development (HCD) by the city in collaboration with Community Action Partnership of Kern (CAPK) for the Homekey+ Program in an amount not to exceed $35,000,000 to develop Permanent Supportive Housing at 901 Union Avenue. (Ward 2) (Staff recommends adoption of the resolution.) REMOVED FOR SEPARATE CONSIDERATION. See page 8. 7.d.3. 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 the demolishment of dangerous buildings and authorizing collection of the assessments by the Kern County Tax Collector. (Staff recommends adoption of the resolution.) RES 031-2025 7.d.4. Resolutions of Intention Nos. 2226, 2227, and 2228 to add Areas 5-136, 4-300, and 2-91 to the Consolidated Maintenance District: (Staff recommends adoption of the resolutions of intention.) 1. ROI 2226 adding Area 5-136 (1951 Madison Street): Street Tier = 0; Park Tier = 0 (Ward 1) ROI 2226 2. ROI 2227 adding Area 4-300 (2001 Oak Street): Street Tier = 1.5; Park Tier = 1 (Ward 2) ROI 2227 Bakersfield, California, March 26, 2025 - Page 5 7. CONSENT CALENDAR continued Item 7.d.4.continued 3. ROI 2228 adding Area 2-91 (4730 Armstrong Road): Street Tier = 1; Park Tier = 0 (Ward 6) ROI 2228 7.e. Agreements: 7.e.1. Agreement with Granicus, LLC (not to exceed $172,082.38), for the subscription of a civic engagement SaaS platform called CitySourced. (Staff recommends approval of the agreement.) AGR 2025-045 7.e.2. Agreement with BSK Associates, Inc. (not to exceed $137,936), to provide Laboratory Services for the Water Department—Wastewater Division. (Staff recommends approval of the agreement.) AGR 2025-046 7.e.3. Economic Opportunity Area Grant Agreement with Moo Creamery, LLC ($83,513) for tenant improvements including the costs associated with the purchase of equipment, materials and furnishings for a new business space that is open to the public. (Ward 2) (Staff recommends approval of the grant agreement.) REMOVED FOR SEPARATE CONSIDERATION. See page 8. 7.e.4. Termination of Economic Opportunity Area Grant Agreement 2024-039 with The Bakersfield Sound Co. ($49,000). (Ward 2) (Staff recommends termination of the grant agreement.) REMOVED FOR SEPARATE CONSIDERATION. See page 8. 7.e.5. Agreement with Community Action Partnership of Kern (CAPK) ($500,000) in Homeless Housing, Assistance and Prevention Round-4 funds to complete predevelopment related to the former Ramkabir Motel at 901 Union Avenue (Ward 2) (Staff recommends approval of the agreement.) REMOVED FOR SEPARATE CONSIDERATION. See page 8 and 9. 7.e.6. The Open Door Network (not to exceed $1,000,000) to administer and operate a Financial Assistance Program for homelessness prevention, and diversion services. (Staff recommends approval of the agreement.) AGR 2025-049 7.e.7. Assignment of Long-Term Ground Lease Agreement No 05-056 (2) for Hangar Space A8 to assign the rights and obligations of Dirk Leland Bentz and Renee Marie Bentz, Trustees of the Bentz Family Trust dated January 8, 2015, to Hamed Allen. (Staff recommends approval of the assignment.) AGR 2025-050 7.e.8. Amendment No 2 to Agreement No 2023-014 with All American Glass and Window Inc. (extend the term to January 11, 2026), to provide commercial glass replacement and installation for various locations throughout the City of Bakersfield. (Staff recommends approval of the amendment.) AGR 2023-014 (2) Bakersfield, California, March 26, 2025 - Page 6 7. CONSENT CALENDAR continued 7.e.9. Amendment No. 1 to Agreement No. 2024-244 with Kern Community Foundation (increase compensation $253,907.20, revised not to exceed $1,845,887.42) for the administration and implementation of the Bakersfield Youth Jobs Program. (Staff recommends approval of the amendment.) AGR 2024-244 (1) 7.e.10. Amendment No. 1 to Transportation Impact Fee Credit Agreement No. 2022-253 with MG3 Partners, LLC to transfer the credit ($224,770.79), from Urban Land Advisors, LLC to Lennar Homes of California, LLC. (Ward 7) (Staff recommends approval of the amendment.) AGR 2022-253 (1) 7.e.11. Amendment No. 1 to Transportation Impact Fee Credit Agreement No. 2022-268 with Black Ops Real Estate IX, LLC to transfer the credit ($69,802.92), from Urban Land Advisors, LLC to Lennar Homes of California, LLC. (Ward 5) (Staff recommends approval of the amendment.) AGR 2022-268 (1) 7.e.12. Amendment No. 3 to Agreement No. 2021-242 with Rincon (extend term to December 2026) for preparation of the General Plan update. (Staff recommends approval of the amendment). REMOVED FOR SEPARATE CONSIDERATION. See page 9. 7.e.13.Amendment No. 1 to Agreement No. 2024-021 with Rincon (extend term to March 2026) for the preparation of the Housing Element. (Staff recommends approval of the amendment.) AGR 2024-021 (1) 7.e.14. Amendment No. 8 to Agreement No. 19-070 with AECOM Technical Services, Inc. (increasing compensation by $155,324.49; revised not to exceed $25,734,346.47; and extend term to June 30, 2026), for additional construction management services for the Centennial Corridor Mainline Project. (Wards1, 2 & 3) (Staff recommend approval of the amendment.) AGR 19-070 (8) 7.f. Bids: 7.f.1. Reject all Bids for the Bakersfield Police Department Physical Training Facility (P31300). (Ward 2) (Staff recommends rejecting the bid and reviewing the project for potential cost savings.) 7.f.2. Accept bid from AKA Comp Solutions Inc. ($478,452.24) for the purchase of VMware vSAN Enterprise maintenance three-year subscription with annual payments for the Technology Services Department. (Staff recommends acceptance of the bid.) AGR 2025-051 Bakersfield, California, March 26, 2025 - Page 7 7. CONSENT CALENDAR continued 7.g. Miscellaneous: 7.g.1. Appropriate $167,595 Park Improvement Fund balance from Southwest Developer Reimbursement - Zone 1 for the reimbursement to Sierra Oaks Partners, LLC for their completion of Belcourt Park. (Ward 5) (Staff recommends approval of the appropriation.) 7.g.2. Roadway Improvements north of Panama Lane and West of Allen Road Appropriate $4,500,000 from the Buena Vista Water Storage District settlement funds to the Public Works Department Capital Improvement Budget within the Capital Outlay Fund for Roadway Improvements north of Panama Lane and/or West of Allen Road. (Ward 5) (Staff recommends approval of the appropriation.) 7.g.3. Authorization to issue Proposition 218 notices for Domestic Water System rates for Fiscal Years 2025-26 through 2029-30 (Staff recommend granting authorization to mail Proposition 218 notices to ratepayers notifying them of the proposed changes to Domestic Water Quantity Rates and Monthly Readiness-to-Serve Rates for Fiscal Year 2025/2026 through 2029/2030.) REMOVED FOR SEPARATE CONSIDERATION. See page 9. 7.g.4. Authorization to issue Proposition 218 notices for Sewer User Rates beginning Fiscal Year 2025-2026. (Staff recommend granting authorization to mail notices.) REMOVED FOR SEPARATE CONSIDERATION. See page 9. 7.h. Successor Agency Business: None. 7.i. Public Safety/Vital Services Measure: 7.i.1. Amendment No. 2 to Agreement No. ED24-054 with Open Door Network (increase compensation $95,000; revised not to exceed $195,000; and extend term to June 30, 2025) for the Community Connectors pilot program. (Staff recommends approval of the amendment.) AGR 2025-052 7.i.2. Letzring RAD, LP Letzring Gardens Affordable Housing (Staff recommends approval of the amendments.) 1. Amendment No. 1 to Loan Agreement No. 2024-317 (to include language stating that City loan payments will be repaid first to the PSVS portion of the loan ($400,000) until said PSVS loan is paid in full) with Letzring RAD, LP, for construction of affordable housing; and AGR 2024-317 (1) 2. Modification No. 1 to Regulatory Agreement 2024-317(R) (to assign Bank of America, N.A., and Banc of America CDC Special Holding Company, Inc. as Limited Partners to provide tax credit equity on $35M bank construction loan) with Letzring RAD, LP. (Ward 1) AGR 2024-317 (R) (1) Bakersfield, California, March 26, 2025 - Page 8 7. CONSENT CALENDAR continued 7.i.3. Construction Projects Agreement for Stiern Park and Jefferson Park Restroom Rehabilitation Projects (Staff recommends acceptance of the bid, approval of agreement, and approval of contingency.) 1. Accept Bid and approve Construction Projects Agreement with Ken W. Smith Construction Inc. (not to exceed $334,387), for the Stiern Park and Jefferson Park Restroom Projects. AGR 2025-053 2. Authorize staff to approve, as necessary, up to $50,000 in City-Controlled contingency for unforeseen conditions encountered during construction. (Wards 1 &2) Councilmember Arias requested 7.g.3. and 7.g.4. be removed for separate consideration. Councilmember Gonzales requested 7.e.3., 7.e.5., and 7.g.4. be removed for separate consideration. Councilmember Smith requested 7.e.12. be removed for separate consideration. Councilmember Koman requested 7.d.2., 7.e.4., 7.g.3. and 7.g.4. be removed for separate consideration. Motion by Councilmember Gonzales to adopt Consent Calendar items 7.a. through 7.i. with the removal of Consent Calendar items 7.d.2., 7.e.3., 7.e.4., 7.e.5., 7.e.12., 7.g.3. and 7.g.4. for separate consideration. Motion approved with Vice Mayor Kaur and Councilmember Weir absent. 7.d.2. Resolution authorizing a joint application to the California Department of Housing and Community Development (HCD) by the city in collaboration with Community Action Partnership of Kern (CAPK) for the Homekey+ Program in an amount not to exceed $35,000,000 to develop Permanent Supportive Housing at 901 Union Avenue. (Ward 2) (Staff recommends adoption of the resolution.) RES 030-2025 Motion by Councilmember Koman to adopt Consent Calendar item 7.d.2. Motion approved with Vice Mayor Kaur and Councilmember Weir absent. 7.e.3. Economic Opportunity Area Grant Agreement with Moo Creamery, LLC ($83,513) for tenant improvements including the costs associated with the purchase of equipment, materials and furnishings for a new business space that is open to the public. (Ward 2) (Staff recommends approval of the grant agreement.) AGR 2025-047 Motion by Councilmember Gonzales to adopt Consent Calendar item 7.e.3. Motion approved with Vice Mayor Kaur and Councilmember Weir absent. 7.e.4. Termination of Economic Opportunity Area Grant Agreement 2024-039 with The Bakersfield Sound Co. ($49,000) due to relocation. (Ward 2) (Staff recommends termination of the grant agreement.) Bakersfield, California, March 26, 2025 - Page 9 7. CONSENT CALENDAR continued Item TeA.continued Councilmember Koman requested staff re-evaluate the Economic Opportunity Area Grant Agreement 2024-039 with Bakersfield Sound Co. Motion by Councilmember Koman to approve the termination and refer the remainder back to staff. Motion approved with Vice Mayor Kaur and Councilmember Weir absent. 7.e.5. Agreement with Community Action Partnership of Kern (CAPK) ($500,000) in Homeless Housing, Assistance and Prevention Round-4 funds to complete predevelopment related to the former Ramkabir Motel at 901 Union Avenue (Ward 2) (Staff recommends approval of the agreement.) AGR 2025-048 Motion by Councilmember Gonzales to approve Consent Calendar item 7.e.5. Motion approved with Vice Mayor Kaur and Councilmember Weir absent. 7.e.12. Amendment No. 3 to Agreement No. 2021-242 with Rincon (extend term to December 2026) for preparation of the General Plan update. (Staff recommends approval of the amendment). AGR 2021-242 (3) Motion by Councilmember Smith to approve Consent Calendar item 7.e.12. Motion approved with Vice Mayor Kaur and Councilmember Weir absent. 7.g.3. Authorization to issue Proposition 218 notices for Domestic Water System rates for Fiscal Years 2025-26 through 2029-30. (Staff recommend granting authorization to mail Proposition 218 notices to ratepayers notifying them of the proposed changes to Domestic Water Quantity Rates and Monthly Readiness-to-Serve Rates for Fiscal Year 2025/2026 through 2029/2030.) Water Resources Director Budak made staff comments and provided a PowerPoint presentation. City Manager Clegg and Deputy City Attorney Collom made additional comments. Motion by Councilmember Koman to return the item to staff for a third-party evaluation of alternative proposals and not sending the Prop 218 notices. Motion fails with Councilmembers Gonzales, Smith and Bashirtash voting no and Vice Mayor Kaur and Councilmember Weir absent. Motion by Councilmember Smith to approve staff recommendations for Consent Calendar item 7.g.3. Motion approved with Councilmember Arias voting no and Vice Mayor Kaur and Councilmember Weir absent. Mayor Goh called for a recess at 7:19 p.m. Meeting reconvened at 7:30 p.m. 7.g.4. Authorization to issue Proposition 218 notices for Sewer User Rates beginning Fiscal Year 2025-2026. (Staff recommend granting authorization to mail notices.) City Manager Clegg made staff comments. Water Resources Director Budak, Wastewater Manager Roldan and Finance Director McKeegan made staff comments and provided a PowerPoint presentation. Bakersfield, California, March 26, 2025 - Page 10 7. CONSENT CALENDAR continued Item 7.g.4.continued Motion by Councilmember Smith to approve Consent Calendar item 7.g.4. Motion approved with Councilmembers Arias and Gonzales voting no and Vice Mayor Kaur and Councilmember Weir absent. 8. CONSENT CALENDAR PUBLIC HEARINGS None. 9. HEARINGS 9.a. Public Hearing to consider EOA Grant Agreement with Arts Council of Kern ($116,500) Economic Opportunity Area (EOA) Incentive Program grant agreement for site improvements associated with the installation of a fire sprinkler system, fire alarm, water connection fees/permits, and other related work as required at 1018 and 1020 18th Street. (Ward 2) (Staff recommends approval of the grant agreement.) AGR 2025-054 City Manager Clegg made staff comments. Economic and Community Development Director Byers made staff comments. Hearing item 9.a. opened at 7:33 p.m. No one spoke in opposition to staff's recommendations. Jeanette Richardson spoke in favor of staff's recommendations. Hearing item 9.a. closed at 7:38 p.m. Councilmember Gonzales requested staff review the next phase of the Economic Opportunity Area Downtown Competitive Grant Program to focus on funding capital improvements of infrastructure (such as fire sprinklers) of large buildings. Motion by Councilmember Gonzales to adopt Hearing item 9.a. with the Arts Council of Kern providing a calendar of events on a regular basis. Motion approved with Vice Mayor Kaur and Councilmember Weir absent. 10. REPORTS None. 11. DEFERRED BUSINESS None. 12. NEW BUSINESS None. 13. COUNCIL AND MAYOR STATEMENTS Councilmember Koman requested staff analyze the possibility of developing a program that could provide relief for individuals facing a financial hardship due to upcoming water and sewer rate increases. Bakersfield, California, March 26, 2025 - Page 11 13. COUNCIL AND MAYOR STATEMENTS continued Councilmember Smith requested staff analyze the possibility of expanding the use of the Transit Occupancy Tax funds to create economic stimulus derived from promoting tourism during the next budget cycle. Councilmember Gonzales requested staff analyze the feasibility of a tiered fee system related to all impact fees for infill development projects in the urban core, specifically in the downtown area. 14. ADJOURNMENT Mayor Goh adjourned the meeting at 8:39 p.m. KAREN GOH MAYOR of the City of Bakersfield ATTEST: JULIE DRIMAKIS, MMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield Bakersfield, California, March 26, 2025 - Page 12 ***THIS PAGE INTENTIONALLY LEFT BLANK*** • BAKERSFIELD ADMINISTRATIVE REPORT MEETING DATE: April 9, 2025 AGENDA CATEGORY: Consent—Payments and Agreements TO: Honorable Mayor and City Council FROM: Randy McKeegan, Finance Director DATE: March 28, 2025 SUBJECT: Receive and file payments from March 14, 2025 to March 27, 2025 totaling $25,909,005.96 as follows: department payments in the amount of$25,384,354.46, and Self Insurance payments in the amount of$524,651.50. 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. FISCAL IMPACT: $25,909,005.96 COUNCIL GOAL: Innovative and Efficient City Government ATTACHMENTS: 1. 1-AP Check Register 4.9.25 2. Oracle AP Check Register 4.9.25 3/28/2025 CHECK REGISTER PAGE 1 FROM 03/14/2025 TO 3/27/2025 Check Number Vendor Number Vendor Name Check Date Check Amount 775060 10204 ASSOCIATION BKFD POLICE OFFICER FCU Mar 14, 2025 $24,230.20 775061 10200 BAKERSFIELD CITY FIREFIGHTERS Mar 14, 2025 $7,829.45 775062 10211 BAKERSFIELD FIREMEN Mar 14, 2025 $14,121.84 775063 10203 BAKERSFIELD POLICE BENEFIT Mar 14, 2025 $36,220.43 775064 10205 MUTUAL BENEFIT ASSOCIATION Mar 14, 2025 $2,880.64 775065 26810 RELIASTAR LIFE INSURANCE CO Mar 14, 2025 $4,174.23 775066 22324 SEIU LOCAL 521 Mar 14, 2025 $24,067.41 775067 33184 EYEMED Mar 20, 2025 $5,722.05 775068 26810 RELIASTAR LIFE INSURANCE CO Mar 20, 2025 $4,973.01 775069 30027 U S BANK-PARS#6746022400 Mar 20, 2025 $2,856.93 775070 30029 UNITED CONCORDIA DENTAL PLANS OF CA Mar 20, 2025 $68,050.54 775071 30020 UNUM Mar 20, 2025 $6,948.90 9997539 10199 BAKERSFIELD CITY EMPLOYEE Mar 14, 2025 $211,534.00 9997540 30014 EMPLOYMENT DEVELOPMENT DEPT Mar 14, 2025 $370,289.30 9997541 10217 1 C M A RETIREMENT TRUST-303749 Mar 14, 2025 $85,591.90 9997542 30010 IRS Mar 14, 2025 $1,013,460.49 9997543 16863 NATIONWIDE RETIREMENT SOLUTIONS Mar 14, 2025 $174,731.81 9997544 20699 VANTAGEPOINT TRANSFER AGENTS C/O Mar 14, 2025 $67,835.57 9997545 30028 BLUE SHIELD OF CALIFORNIA-P Mar 20, 2025 $701,742.63 9997546 30021 KAISER PERMANENTE Mar 20, 2025 $340,413.36 9997547 10206 STATE OF CALIF-PIERS Mar 20, 2025 $1,610,137.22 9997548 30022 IRS/FDRF Mar 27, 2025 $146.00 9997549 30025 STATE DISBURSEMENT UNIT Mar27, 2025 $22,164.41 23 Overall-Count Overall-Total $4,800,122.32 $4,800,122.32 S:\Accounting\LACEY\ADMIN-COUNCIL\2025\COUNCIL-ADMIN\4.9.25\ 3/28/2025 ORACLE CHECK REGISTER PAGE 1 FROM 3/14/2025 TO 3/27/2025 Payment Number Fund Vendor Name Check Date Check Amount 794417 0140 Walter M Villa 3/14/2025 $ 326.00 794418 5110 AT &T 3/20/2025 $ 11,396.91 794419 5110 AT &T 3/20/2025 $ 260.26 794420 5110 AT &T 3/20/2025 $ 50,798.60 794421 0110 AT &T 3/20/2025 $ 1,095.00 794422 0110 A T &T MOBILITY 3/20/2025 $ 45.08 794425 4210 CALIFORNIA WATER SERVICE 3/20/2025 $ 28,931.12 794426 15110 CHARTER COMMUNICATIONS 3/20/2025 $ 581.94 794431 4410 CITY OF BAKERSFIELD 3/20/2025 $ 17,942.84 794433 5110 GOLDEN STATE PETERBILT 3/20/2025 $ 1,186,035.78 794435 1220 OVERLAND PACIFIC &CUTLER LLC 3/20/2025 $ 9,656.48 794437 0110 PACIFIC GAS & ELECTRIC COMPANY 3/20/2025 $ 129,037.68 794438 0110 SOCALGAS 3/20/2025 $ 2,074.45 794439 4120 STATE WATER RESOURCES CONTROL BOARD 3/20/2025 $ 692.25 794440 4120 VAUGHN WATER CO., INC. 3/20/2025 $ 60.42 794441 0110 VAUGHN WATER CO., INC. 3/20/2025 $ 7,017.50 794444 4110 ADVANCED DISTRIBUTION CO 3/20/2025 $ 17,461.16 794447 5110 AUTOZONE STORES INC 3/20/2025 $ 11,809.29 794450 0110 BAKER SUPPLIES AND REPAIRS 3/20/2025 $ 7,402.93 794453 0110 CHAMPION HARDWARE 3/20/2025 $ 7,478.30 794455 0110 CONSOLIDATED ELECTRICAL DISTRIBUTORS IN 3/20/2025 $ 8,086.77 794457 0110 EAST NILES COMMUNITY SERVICES 3/20/2025 $ 2,124.14 794461 0110 FERGUSON ENTERPRISES INC 3/20/2025 $ 17,020.94 794467 0110 GRAINGER INC, W W 3/20/2025 $ 12,977.32 794478 0110 HOME DEPOT 3/20/2025 $ 9,527.58 794481 5110 JIM BURKE FORD 3/20/2025 $ 7,115.53 794485 0110 KERN TURF SUPPLY 3/20/2025 $ 6,453.57 794490 0110 LOWES HOME IMPROVEMENT 3/20/2025 $ 5,833.91 794493 5110 MICHELIN NORTH AMERICA INC 3/20/2025 $ 32,116.48 794496 5110 O'REILLY AUTO PARTS 3/20/2025 $ 1,753.07 794498 1810 PIONEER PAINT 3/20/2025 $ 9,267.40 794500 1450 STANDARD PLUMBING SUPPLY DBA FLOYDS 3/20/2025 $ 619.95 794506 0110 STINSON STATIONERS 3/20/2025 $ 20,323.14 794511 4310 VESTIS SERVICES LLC 3/20/2025 $ 5,645.29 794512 1510 3 M COMPANY T C M DIVISION 3/20/2025 $ 2,567.08 794513 4410 A 1 ANSWERING SERVICE 3/20/2025 $ 294.04 794514 5110 A-C ELECTRIC COMPANY 3/20/2025 $ 2,901.00 794515 4110 ABATE A WEED 3/20/2025 $ 3,346.53 794516 0110 ACC BUSINESS 3/20/2025 $ 1,544.49 794517 4110 ACCELERATED ENVIRONMENTAL SERVICES INC 3/20/2025 $ 8,012.00 794518 5110 ACOM BUSINESS SOLUTIONS LLC 3/20/2025 $ 1,981.00 794519 6110 ACTIVE LEGAL PROCESS SOLUTIONS INC- RE 3/20/2025 $ 181.98 794520 0110 ADVANCED DATA STORAGE INC 3/20/2025 $ 504.68 794521 4110 AECOM TECHNICAL SERVICES INC 3/20/2025 $ 229,412.32 794522 0110 AEG MANAGEMENT BAKERSFIELD LLC 3/20/2025 $ 1,150.00 794524 0110 ALEJANDRO ESPARZA MARQUEZ- RETIREE 3/20/2025 $ 42.50 794525 0110 ALEX BERNAL 3/20/2025 $ 350.00 794526 5110 ALFREDOS TIRE AND AUTOMOTIVE 3/20/2025 $ 3,288.21 794527 1810 ALL AMERICAN GLASS 3/20/2025 $ 16,075.95 794528 5110 ALL THAT LETTERING SIGN COMPANY 3/20/2025 $ 175.00 794529 0110 IALLISON BRANDT OLIVER 3/20/2025 1 $ 526.50 S:\Accounting\LACEY\ADM I N-COU NO L\2025\COU NO L-ADM I N\4.9.25\ 3/28/2025 ORACLE CHECK REGISTER PAGE 2 FROM 3/14/2025 TO 3/27/2025 Payment Number Fund Vendor Name Check Date Check Amount 794530 5110 ALTEC INDUSTRIES INC 3/20/2025 $ 907.48 794531 5110 ALUMINUM CHUCK WAGON 3/20/2025 $ 11,067.56 794532 4210 AMAROK LLC 3/20/2025 $ 8,407.53 794533 0140 AMERICAN SAFETY SERVICES INC 3/20/2025 $ 3,532.43 794534 0140 Amy C Droege 3/20/2025 $ 287.00 794535 0110 ANDREA PFLUGH - REFUND 3/20/2025 $ 326.00 794536 0110 ANDREW ESQUIVEL 3/20/2025 $ 300.00 794537 10110 Angela D Juarez 3/20/2025 $ 471.00 794538 0110 ANITA J ROWE- REFUND 3/20/2025 $ 42.50 794539 1740 Anthony R Romero 3/20/2025 $ 191.00 794540 5110 APPLIED LNG TECHNOLOGIES LLC 3/20/2025 $ 11,910.37 794541 0110 ARCPOINT LABS OF BAKERSFIELD 3/20/2025 $ 400.00 794542 10110 ARMOR COATINGS 3/20/2025 $ 454.65 794543 6110 ARROYA LAW 3/20/2025 $ 109.45 794544 3170 ART WITH HEART 3/20/2025 $ 30,770.00 794545 3110 ASELA ENVIRONMENTAL INC 3/20/2025 $ 3,950.00 794546 0140 Asia D Wofford 3/20/2025 $ 203.00 794547 10110 Austin T Haycock 3/20/2025 $ 483.79 794548 5110 AUTO TECH AND SMOG 3/20/2025 $ 698.64 794549 0110 B & B SURPLUS 3/20/2025 $ 630.02 794550 4410 B & R TOOL SUPPLY INC 3/20/2025 $ 423.69 794551 0110 B S & E COMPANY INC 3/20/2025 $ 409.62 794552 10110 BACSCO 3/20/2025 $ 344.71 794553 4410 BADGER METER INC 3/20/2025 $ 137,710.24 794554 0110 BAKERSFIELD CALIFORNIAN 3/20/2025 $ 318.11 794555 5110 BAKERSFIELD HARLEY DAVIDSON INC 3/20/2025 $ 2,130.23 794556 0110 BAKERSFIELD IRRIGATION 3/20/2025 $ 8,781.11 794557 10110 BAKERSFIELD PAINT &WALLPAPER 3/20/2025 $ 1,137.92 794558 0110 BAKERSFIELD RUBBER STAMP CO 3/20/2025 $ 36.70 794559 5110 BAKERSFIELD TRUCK CENTER 3/20/2025 $ 1,147.73 794560 4410 BAKERSFIELD WELL& PUMP 3/20/2025 $ 88,452.00 794561 0110 BARNES WELDING SUPPLY 3/20/2025 $ 688.41 794562 15110 BARNETT'S TOWING SERVICE INC 3/20/2025 $ 100.00 794563 0110 BELINDA ROWLAND- REFUND 3/20/2025 $ 42.50 794564 0110 BEN HYATT CERTIFIED DEPOSITION REPORTER 3/20/2025 $ 258.55 794565 3120 BENDER ROSENTHAL INC 3/20/2025 $ 11,429.15 794566 5110 BERCHTOLD EQUIPMENT CO 3/20/2025 $ 4,369.81 794567 10110 BILL OFFENBURGER- REFUND 3/20/2025 $ 42.50 794568 5110 BLACKHOLE TECHNOLOGIES INC 3/20/2025 $ 35,664.36 794569 0110 BLUE SHIELD OF CALIFORNIA 3/20/2025 $ 658,934.75 794570 1450 BLUEPRINT SERVICE CO 3/20/2025 $ 569.72 794571 5110 BOBS AUTO GLASS INC 3/20/2025 $ 596.11 794572 10110 BOLLES NURSERY LANDSCAPE 3/20/2025 $ 227.32 794573 5110 BORN AGAIN BODYWORKS 3/20/2025 $ 15,741.21 794574 4120 BRADY INDUSTRIES 3/20/2025 $ 1,482.02 794575 0120 BRANDT OLIVER HOMES- REFUND 3/20/2025 $ 500.00 794576 0110 BRUCE FRITZ- REFUND 3/20/2025 $ 42.50 794577 14410 BSK ASSOCIATES 3/20/2025 $ 3,716.00 794578 1510 BUDGET BOLT INC 3/20/2025 $ 566.13 794579 0140 BURRTEC KERN LLC 3/20/2025 $ 530.75 794580 3170 IBURTCH CONSTRUCTION INC 3/20/2025 1 $ 68,139.20 S:\Accounting\LACEY\ADM I N-COU NO L\2025\COU NO L-ADM I N\4.9.25\ 3/28/2025 ORACLE CHECK REGISTER PAGE 3 FROM 3/14/2025 TO 3/27/2025 Payment Number Fund Vendor Name Check Date Check Amount 794581 0110 C & P SANITARY SUPPLY 3/20/2025 $ 321.54 794582 1510 C &W CONSTRUCTION SPECIALTIES INC 3/20/2025 $ 8,022.00 794583 4120 C W E A 3/20/2025 $ 111.00 794584 0110 CAL VALLEY EQUIPMENT INC 3/20/2025 $ 1,296.97 794585 0110 CALIFORNIA ANIMAL WELFARE ASSOC 3/20/2025 $ 366.94 794586 5110 CALIFORNIA FUELS& LUBRICANTS 3/20/2025 $ 32,535.60 794587 4210 CALIFORNIA HIGHWAY ADOPTION CO 3/20/2025 $ 46,017.56 794588 10110 CALIFORNIA SAFETY TRAINING CORP 3/20/2025 $ 300.00 794589 0140 CALIFORNIA STATE UNIVERSITY BAKERSFIELD 3/20/2025 $ 750.00 794591 0110 CECIL BOWEN - REFUND 3/20/2025 $ 42.50 794592 4310 CEN-CAL CONSTRUCTION INC 3/20/2025 $ 181,927.20 794593 6110 CHAIN COHN CLARK 3/20/2025 $ 275.00 794594 0110 CHERYL CLAYBORN - REFUND 3/20/2025 $ 42.50 794595 0110 CHRISTOPHER ROBERTSON 3/20/2025 $ 425.00 794596 0140 CITIGUARD INC 3/20/2025 $ 42,344.64 794597 0110 CLARISSE JOHNSON - REFUND 3/20/2025 $ 25.86 794598 4110 CLARK PEST CONTROL INC 3/20/2025 $ 90.00 794599 1910 Claudia S Belda 3/20/2025 $ 280.00 794600 5110 CLEAN ENERGY INC 3/20/2025 $ 549.83 794601 0110 CLEO BLACKBURN - REFUND 3/20/2025 $ 25.86 794602 0110 CONNIE HUDDLESTON - RETIREE 3/20/2025 $ 42.50 794603 4120 CRIDER CONSTRUCTION INC 3/20/2025 $ 6,344.80 794604 0110 CRISTANDO HOUSE INC 3/20/2025 $ 480.00 794605 5110 CUMMINS SALES AND SERVICE 3/20/2025 $ 329.74 794606 3120 CURTIS ELECTRICAL CONSTRUCTION 3/20/2025 $ 16,747.00 794607 1110 D O D CONSTRUCTION 3/20/2025 $ 129,409.00 794608 0110 DAN KULLRICH - REFUND 3/20/2025 $ 42.50 794609 5110 DAVES FLEET MAINT &TOWING INC 3/20/2025 $ 100.00 794610 0110 DAVID JUDSON - REFUND 3/20/2025 $ 42.50 794611 0110 DAVID OJEDA- REFUND 3/20/2025 $ 42.50 794612 3110 DAYS GENERATOR SERVICE INC 3/20/2025 $ 59,204.08 794613 0140 DELL MARKETING L P 3/20/2025 $ 7,779.71 794614 0110 DELTA LIQUID ENERGY 3/20/2025 $ 1,371.83 794615 0110 DENNIS FIDLER- REFUND 3/20/2025 $ 12.21 794616 0110 DENNIS HALL- REFUND 3/20/2025 $ 25.86 794617 0110 Dennis W Eddy 3/20/2025 $ 202.02 794618 0110 DEPARTMENT OF JUSTICE 3/20/2025 $ 1,876.98 794619 1110 DIANA R ELROD CONSULTING 3/20/2025 $ 10,920.00 794620 0110 DON ESTRADA- REFUND 3/20/2025 $ 25.86 794621 0110 DONALD TEUTIMEZ- REFUND 3/20/2025 $ 42.50 794622 0110 DREW SHARPLES - PART B 3/20/2025 $ 25.86 794623 0110 DWAYNE LEVINGSTON - REFUND 3/20/2025 $ 42.50 794624 5110 E J WARD INCORPORATED 3/20/2025 $ 6,296.11 794625 5110 ELBERT DISTRIBUTING 3/20/2025 $ 81.84 794626 4120 ELECTRIC MOTOR WORKS INC 3/20/2025 $ 18,049.11 794628 0140 ELITE SIGNS LLC 3/20/2025 $ 1,605.13 794629 0110 EMBROIDERY PLUS LLC 3/20/2025 $ 690.09 794631 0110 EMILIO TARANGO- REFUND 3/20/2025 $ 25.86 794632 0110 EMMA ROBERTS- REFUND 3/20/2025 $ 42.50 794633 0120 ENCANTO GARDENS IV LLC- REFUND 3/20/2025 $ 645.00 794634 0110 IEUGENE J CARROLL- REFUND 3/20/2025 1 $ 12.21 S:\Accounting\LACEY\ADM I N-COU NO L\2025\COU NO L-ADM I N\4.9.25\ 3/28/2025 ORACLE CHECK REGISTER PAGE 4 FROM 3/14/2025 TO 3/27/2025 Payment Number Fund Vendor Name Check Date Check Amount 794635 0110 EWING IRRIGATION PRODUCTS 3/20/2025 $ 3,327.39 794636 5110 FAST UNDERCAR LLC 3/20/2025 $ 2,905.42 794638 0110 FFP FUND VI P2 PROJECTC05 LLC 3/20/2025 $ 2,313.40 794639 0110 FFP FUND VI P2 PROJECTC08 LLC 3/20/2025 $ 3,191.31 794640 4120 FIRST CHOICE COFFEE SERVICES INC 3/20/2025 $ 468.42 794641 4110 FISHER SCIENTIFIC 3/20/2025 $ 4,032.03 794642 5110 FLEET PRIDE INC 3/20/2025 $ 2,160.37 794643 15110 FLEET SERVICES TOWING INC 3/20/2025 $ 100.00 794644 5110 FLS SUPPLY 3/20/2025 $ 277.13 794645 0110 FRANK LOPEZ- REFUND 3/20/2025 $ 25.86 794646 0110 FRANK R HERRERA- REFUND 3/20/2025 $ 25.86 794647 5110 FRED CUMMINGS MOTORSPORTS INC 3/20/2025 $ 13.50 794648 0110 GA PRECISION 3/20/2025 $ 5,159.78 794649 4310 GARDENERS SUPPLY INC 3/20/2025 $ 658.17 794650 0140 GBLA 3/20/2025 $ 74,072.44 794651 0110 GCI EQUIPMENT RENTAL 3/20/2025 $ 918.58 794652 0140 GENERAL TREE SERVICE INC 3/20/2025 $ 1,400.00 794654 1860 GOLDEN EMPIRE AFFORDABLE HOUSING IN 3/20/2025 $ 335,871.17 794655 5110 GOLDEN EMPIRE TOWING INC 3/20/2025 $ 1,921.50 794656 5110 GOLDEN STATE PETERBILT 3/20/2025 $ 4,470.24 794657 0110 GOLDEN STATE TRAINING LLC 3/20/2025 $ 8,115.94 794658 3120 GRANITE CONSTRUCTION INC 3/20/2025 $ 7,016.15 794659 0110 GRANT MANAGEMENT USA 3/20/2025 $ 595.00 794660 0110 GREG LITTLE 3/20/2025 $ 250.00 794661 5110 GREGS PETROLEUM SERVICES INC 3/20/2025 $ 828.12 794662 0110 Griffin M Turner 3/20/2025 $ 3,981.00 794663 5110 H &S BODY WORKS &TOWING 3/20/2025 $ 100.00 794664 1860 HABITAT FOR HUMANITY GOLDEN EMPIRE 3/20/2025 $ 14,365.50 794665 5110 HADDAD DODGE 3/20/2025 $ 1,069.72 794666 0110 HALL LETTER SHOP 3/20/2025 $ 385.55 794668 3110 HANSENS MOVING &STORAGE INC 3/20/2025 $ 100.00 794670 0110 Heather M El Mallah 3/20/2025 $ 1,844.11 794671 0110 HILL THREADED PRODUCTS INC 3/20/2025 $ 45.23 794672 0110 HOME DEPOT PRO 3/20/2025 $ 1,505.25 794673 5110 HYDRAULIC CONTROLS INC 3/20/2025 $ 200.92 794674 0110 Ian D Baker 3/20/2025 $ 2,279.00 794675 6110 IRON HOGGZ- REFUND 3/20/2025 $ 500.00 794676 0110 IRON MOUNTAIN 3/20/2025 $ 175.76 794677 1510 JAM SERVICES INC 3/20/2025 $ 4,871.25 794678 4210 James P Leonard 3/20/2025 $ 344.00 794680 0110 Jeffrey A Burdick 3/20/2025 $ 127.00 794681 0110 Jennifer L Evans 3/20/2025 $ 198.00 794682 0110 Jeremy D Blakemore 3/20/2025 $ 299.00 794683 5110 JERRY& KEITHS INC 3/20/2025 $ 4,566.96 794684 5110 JIM BURKE LINCOLN MERCURY 3/20/2025 $ 961.74 794685 0110 Jimmy R Ayon 3/20/2025 $ 1,046.25 794686 5110 JIMS TOWING INC 3/20/2025 $ 150.00 794687 0110 JOE MONTELONGO 3/20/2025 $ 350.00 794688 10110 JOSES ORNAMENTAL SUPPLY INC 3/20/2025 $ 808.41 794689 10110 JUAN EUGENE WILSON 3/20/2025 $ 200.00 794690 10110 IJUAN GARCIA 3/20/2025 $ 550.00 S:\Accounting\LACEY\ADM I N-COU NCI L\2025\COU NCI L-AD M I N\4.9.25\ 3/28/2025 ORACLE CHECK REGISTER PAGE 5 FROM 3/14/2025 TO 3/27/2025 Payment Number Fund Vendor Name Check Date Check Amount 794691 0110 JUSTIN MARKS- REFUND 3/20/2025 $ 50.00 794692 4210 K& I SERVICES INC 3/20/2025 $ 13,940.00 794693 5110 K& R TOWING 3/20/2025 $ 50.00 794694 0110 KAISER PERMANENTE 3/20/2025 $ 33,965.44 794695 1810 Keianna S Fernandez 3/20/2025 $ 299.00 794696 5110 KELLAR EQUIPMENT HOSE AND REPAIR INC 3/20/2025 $ 2,270.26 794697 6110 KERN COUNTY CLERKS 3/20/2025 $ 50.00 794698 16110 KERN COUNTY CLERKS 3/20/2025 $ 50.00 794699 6110 KERN COUNTY CLERKS 3/20/2025 $ 50.00 794700 6110 KERN COUNTY CLERKS 3/20/2025 $ 50.00 794701 6110 KERN COUNTY CLERKS 3/20/2025 $ 50.00 794702 6110 KERN COUNTY CLERKS 3/20/2025 $ 50.00 794703 16110 KERN COUNTY CLERKS 3/20/2025 $ 50.00 794704 6110 KERN COUNTY CLERKS 3/20/2025 $ 50.00 794705 0120 KERN COUNTY CLERKS 3/20/2025 $ 50.00 794706 6110 KERN COUNTY CLERKS 3/20/2025 $ 50.00 794707 0110 KERN COUNTY PUBLIC HEALTH SERVICES DEPA 3/20/2025 $ 13,984.00 794708 11740 KERN COUNTY PUBLIC WORKS 3/20/2025 $ 237,132.19 794709 4210 KERN COUNTY WASTE MANAGEMENT 3/20/2025 $ 122,020.36 794710 4120 KERN ELECTRIC DISTRIBUTORS 3/20/2025 $ 216.47 794711 0110 KERN MACHINERY INC 3/20/2025 $ 7,709.21 794712 4210 KERN REFUSE DISPOSAL, INC 3/20/2025 $ 2,140,220.18 794713 0110 KERN RIVER POWER EQUIPMENT 3/20/2025 $ 594.08 794714 0110 KEVIN DALMAS 3/20/2025 $ 200.00 794715 0140 KIMLEY HORN &ASSOCIATES INC 3/20/2025 $ 164,833.50 794716 4210 KNIGHTS SITE SERVICES INC 3/20/2025 $ 835.22 794717 0140 Krystal L Page 3/20/2025 $ 287.00 794718 0140 KVPRINT 3/20/2025 $ 467.64 794719 0110 L N CURTIS &SONS 3/20/2025 $ 1,480.86 794721 0110 LEXISNEXIS RISK DATA MGMT 3/20/2025 $ 2,316.40 794722 0110 LINDE GAS & EQUIPMENT DBA PRAXAIR 3/20/2025 $ 630.70 794723 0110 LOOP ELECTRIC INC 3/20/2025 $ 44,168.00 794724 5110 LUCKY SPOT AUTO BODY& PAINT 3/20/2025 $ 2,969.16 794725 0110 M &J PLASTERING 3/20/2025 $ 4,400.00 794726 4120 M &S SECURITY SERVICES 3/20/2025 $ 4,224.00 794728 5110 MAR-CO EQUIPMENT CORP 3/20/2025 $ 269.71 794729 0110 MARIA MAGDELENA JAYNE 3/20/2025 $ 580.00 794730 1740 Mart A Brownfield 3/20/2025 $ 191.00 794731 4210 MAYCIE PAUL 3/20/2025 $ 400.00 794732 0140 MCCORMICKS LANDSCAPE SERVICES INC 3/20/2025 $ 7,074.00 794733 1740 Melecio V Mahinan 3/20/2025 $ 191.00 794734 0110 MERCHANTS PRINTING & ENVELOPE 3/20/2025 $ 204.59 794735 4210 METROPOLITAN RECYCLING LLC 3/20/2025 $ 19,672.72 794736 0120 MEYER CIVIL ENGINEERING INC 3/20/2025 $ 22,500.00 794737 0110 MGT OF AMERICA CONSULTING LLC 3/20/2025 $ 6,500.00 794738 0110 Michael A Kurtz 3/20/2025 $ 45.45 794739 0110 Michael S Richards 3/20/2025 $ 232.00 794741 0120 Miguel Navarro 3/20/2025 $ 280.00 794742 0110 MILKOR USA INC 3/20/2025 $ 9,265.00 794743 0110 MINUTEMAN PRESS 3/20/2025 $ 451.03 794744 10110 1 MJS SOLUTIONS LLC 3/20/2025 1 $ 4,825.00 S:\Accounting\LACEY\ADM I N-COU NO L\2025\COU NO L-ADM I N\4.9.25\ 3/28/2025 ORACLE CHECK REGISTER PAGE 6 FROM 3/14/2025 TO 3/27/2025 Payment Number Fund Vendor Name Check Date Check Amount 794745 3120 MOORE IACOFANO GOLTSMAN INC 3/20/2025 $ 6,680.00 794746 5110 MOTION INDUSTRIES INC 3/20/2025 $ 831.87 794747 5110 MOTOR CITY SALES &SERVICE 3/20/2025 $ 94,250.53 794748 5110 MUNICIPAL MAINTENANCE EQUIP INC 3/20/2025 $ 815.21 794749 0110 Nathan R Madrigal 3/20/2025 $ 3,300.00 794750 0110 NET TRANSCRIPTS, INC. 3/20/2025 $ 129.35 794751 5110 NEW GENERATION GRAPHICS 3/20/2025 $ 2,062.16 794752 10140 NORMAN A TRAUB ASSOCIATES 3/20/2025 $ 6,300.00 794753 4120 NORTHWEST METROLOGY 3/20/2025 $ 264.00 794754 3110 NV5INC 3/20/2025 $ 54,918.50 794755 5110 OFFICE1 3/20/2025 $ 193.46 794757 0110 OUTDOOR WIRELESS NETWORKS LLC 3/20/2025 $ 550.00 794758 16310 P &A ADMINISTRATION SERVICES INC 3/20/2025 $ 15,298.39 794759 4410 PACIFIC GAS & ELECTRIC COMPANY 3/20/2025 $ 22,093.27 794760 5110 PAPE KENWORTH 3/20/2025 $ 1,408.41 794761 6130 PARAGON PARTNERS LTD INC 3/20/2025 $ 2,703.75 794762 5110 PARKHOUSE TIRE INC 3/20/2025 $ 856.08 794763 0110 Patrick A Tramel 3/20/2025 $ 3,981.00 794764 1510 PAVEMENT RECYCLING SYSTEMS INC 3/20/2025 $ 7,550.59 794765 5110 PAYLESS TOWING 3/20/2025 $ 100.00 794766 1510 PCI 3/20/2025 $ 214,386.19 794767 5110 PERFORMANCE TRUCK REPAIR 3/20/2025 $ 1,832.04 794768 0140 PLACER TITLE COMPANY 3/20/2025 $ 1,000.00 794769 5110 PLANETBIDS, INC 3/20/2025 $ 10,664.20 794770 5110 PLUMBERS DEPOT 3/20/2025 $ 208.29 794771 5110 POWER BUSINESS TECHNOLOGY LLC 3/20/2025 $ 81.01 794772 0110 PROFORCE LAW ENFORCEMENT INC 3/20/2025 $ 9,388.26 794773 0110 PROPIO LS LLC 3/20/2025 $ 468.60 794774 4210 QCS QUICK CUSTOM SIGNS 3/20/2025 $ 1,635.80 794775 15110 QUALITY HEAVY DUTY DIESEL ELECTRIC INC. 3/20/2025 $ 395.11 794776 4110 QUINN COMPANY INC 3/20/2025 $ 7,151.70 794777 1810 Rachelle D Beeson 3/20/2025 $ 435.00 794778 0110 Randi L Martinez 3/20/2025 $ 198.00 794779 5110 RANDYS TOWING LLC 3/20/2025 $ 100.00 794780 0110 RAYMONDS TROPHY AND AWARDS 3/20/2025 $ 324.75 794782 0110 READY REFRESH 3/20/2025 $ 541.29 794783 4110 REFRIGERATION SUPPLIES DIST. INC 3/20/2025 $ 555.32 794784 0110 REFRIGERATION SUPPLIES DIST. INC 3/20/2025 $ 2,535.25 794785 15110 RENEWELL FLEET SERVICE LLC 3/20/2025 $ 590.66 794786 0110 RIGHT NOW COURIERS LLC 3/20/2025 $ 180.00 794787 0110 RINCON CONSULTANTS INC 3/20/2025 $ 7,687.25 794788 0110 ROBERT FOX 3/20/2025 $ 400.00 794789 0110 ROYAL ARMS 3/20/2025 $ 1,100.00 794790 10110 Ryan F Fujihara 3/20/2025 $ 471.00 794791 0110 SAN DIEGO LANDSYSTEMS LLC 3/20/2025 $ 15,110.00 794792 5110 SAN JOAQUIN TIRES &WHEELS 3/20/2025 $ 3,042.44 794793 0110 SCP DISTRIBUTORS LLC 3/20/2025 $ 582.60 794794 0110 Shayla N Woods-Collins 3/20/2025 $ 203.00 794795 0110 SHERWIN WILLIAMS COMPANY 3/20/2025 $ 88.44 794796 5110 SILVAS OIL CO INC 3/20/2025 $ 17,001.40 794797 0140 ISMART & FINAL IRIS COMPANY 3/20/2025 $ 177.84 S:\Accounting\LACEY\ADM I N-COU NCI L\2025\COU NCI L-AD M I N\4.9.25\ 3/28/2025 ORACLE CHECK REGISTER PAGE 7 FROM 3/14/2025 TO 3/27/2025 Payment Number Fund Vendor Name Check Date Check Amount 794798 5110 SMITH &SON TIRE INC 3/20/2025 $ 4,383.64 794799 5110 SOLUTIONS 3/20/2025 $ 3,780.00 794800 4120 SOUTH COAST AUTOMATION SYSTEMS INC 3/20/2025 $ 3,432.00 794801 0110 SOUTHERN COMPUTER WAREHOUSE 3/20/2025 $ 949.01 794802 5110 SOUTHSTAR ENGINEERING &CONSULTING, INC 3/20/2025 $ 2,406.25 794803 4210 STARS AND STRIPES 3/20/2025 $ 11,990.00 794804 1810 Stephanie M Salmon 3/20/2025 $ 435.00 794805 10120 SUNRUN INSTALLATION SERVICES, INC-REFUN 3/20/2025 $ 133.00 794806 0110 T-MOBILE USA 3/20/2025 $ 300.00 794807 1810 Tamia N Smith 3/20/2025 $ 435.00 794808 0140 TC WELDING & FABRICATION INC 3/20/2025 $ 1,400.00 794809 5110 TEL TEC SECURITY SYSTEM INC 3/20/2025 $ 1,557.66 794810 14210 THE OPEN DOOR NETWORK 3/20/2025 $ 97,265.83 794811 5110 THREE-WAY CHEVROLET 3/20/2025 $ 124.89 794812 4210 TRINITY CONSULTANTS 3/20/2025 $ 1,942.97 794813 5110 TYACK TIRES INC 3/20/2025 $ 9,483.80 794814 0110 TYLER TECHNOLOGIES INC 3/20/2025 $ 25,263.98 794815 16110 UNITED CONCORDIA DENTAL PLANS OF CA 3/20/2025 $ 4,484.76 794816 0110 UNITED PARCEL SERVICE 3/20/2025 $ 3.41 794817 0140 UNITED REFRIGERATION INC 3/20/2025 $ 1,770.65 794818 0110 UNITED RENTALS NORTH AMERICA INC 3/20/2025 $ 1,391.01 794819 4120 USP TECHNOLOGIES 3/20/2025 $ 7,623.67 794820 0110 VALLEY DECAL INC 3/20/2025 $ 2,523.86 794821 0140 VALLEY PRESSURE PROS INC 3/20/2025 $ 11,350.00 794822 4110 VALLEY PROPANE SERVICE 3/20/2025 $ 21,991.78 794823 5110 VBI PAINTING 3/20/2025 $ 3,620.94 794824 0110 Verion D Coleman Jr 3/20/2025 $ 299.00 794825 1740 VERIZON WIRELESS 3/20/2025 $ 190.05 794826 0110 WHITE CAP CONSTRUCTION SUPPLY 3/20/2025 $ 468.94 794827 0110 WILLIAMS CLEANING SYSTEMS INC 3/20/2025 $ 706.60 794828 4110 WITCHER ELECTRIC INC 3/20/2025 $ 1,802.60 794829 5110 WRENS HYDRAULICS INC 3/20/2025 $ 2,489.45 794830 1450 XIT SOLUTIONS 3/20/2025 $ 476,054.49 794831 5110 ZEP MANUFACTURING COMPANY 3/20/2025 $ 698.30 794832 0140 AT &T 3/27/2025 $ 14,022.71 794833 0110 A T &T MOBILITY 3/27/2025 $ 3,935.84 794834 0110 BAKERSFIELD CITY EMPLOYEE FEDERAL CREDI 3/27/2025 $ 1,695.50 794835 6110 CA DEPT OF JUSTICE 3/27/2025 $ 676.00 794836 6110 CALIFORNIA DEPARTMENT OF TAX AND FEE AD 3/27/2025 $ 1,239.00 794840 4610 CALIFORNIA WATER SERVICE 3/27/2025 $ 71,753.40 794842 4110 CITY OF BAKERSFIELD 3/27/2025 $ 1,715.87 794843 0110 Clarissa D Garcia 3/27/2025 $ 743.99 794846 1220 OVERLAND PACIFIC &CUTLER LLC 3/27/2025 $ 575.87 794847 0110 PACIFIC GAS & ELECTRIC COMPANY 3/27/2025 $ 83,116.95 794848 3310 SECURITY PAVING CO, INC 3/27/2025 $ 5,900,000.00 794849 5110 SJVAPCD 3/27/2025 $ 290.00 794852 5110 ADVANCED DISTRIBUTION CO 3/27/2025 $ 16,034.71 794854 5110 AUTOZONE STORES INC 3/27/2025 $ 4,077.64 794857 5110 GRAINGER INC, W W 3/27/2025 $ 6,415.20 794862 0110 HOME DEPOT 3/27/2025 $ 4,755.19 794865 5110 IJIM BURKE FORD 3/27/2025 1 $ 5,814.33 S:\Accounting\LACEY\ADM I N-COU NO L\2025\COU NO L-ADM I N\4.9.25\ 3/28/2025 ORACLE CHECK REGISTER PAGE 8 FROM 3/14/2025 TO 3/27/2025 Payment Number Fund Vendor Name Check Date Check Amount 794867 0110 KERN COUNTY FORENSIC SERVICES LLC 3/27/2025 $ 16,000.00 794869 0110 KERN TURF SUPPLY 3/27/2025 $ 9,443.79 794871 0110 LOWES HOME IMPROVEMENT 3/27/2025 $ 1,942.83 794873 0140 O'CONNOR PEST CONTROL 3/27/2025 $ 1,040.00 794876 5110 O'REILLY AUTO PARTS 3/27/2025 $ 1,473.87 794878 4110 PACE ANALYTICAL SERVICES LLC 3/27/2025 $ 10,497.73 794881 4210 PREMIER VALLEY TRANSPORT INC 3/27/2025 $ 34,723.75 794883 10110 RANDYS TOWING LLC 3/27/2025 $ 1,829.50 794885 5110 SMITH &SON TIRE INC 3/27/2025 $ 7,889.55 794891 0110 TEL TEC SECURITY SYSTEM INC 3/27/2025 $ 5,226.40 794893 4410 UNIFIED FIELD SERVICES CORPORATION 3/27/2025 $ 46,517.68 794897 4110 VESTIS SERVICES LLC 3/27/2025 $ 3,818.89 794898 1210 ACCENTURE LLP 3/27/2025 $ 39,012.65 794899 0110 ADVANCED DATA STORAGE INC 3/27/2025 $ 375.48 794900 5110 AFFINITY TRUCK CENTER 3/27/2025 $ 7,179.83 794901 0110 Alejandro Patino 3/27/2025 $ 349.00 794902 4210 ALL AMERICAN CARPET 3/27/2025 $ 2,020.00 794903 5110 ALL THAT LETTERING SIGN COMPANY 3/27/2025 $ 1,190.97 794904 4510 ALPHA&OMEGA GARDENING INC 3/27/2025 $ 1,920.00 794905 5110 ALUMINUM CHUCK WAGON 3/27/2025 $ 22,415.62 794906 0110 AMERICAN RED CROSS 3/27/2025 $ 168.00 794907 0110 AMERICAN SAFETY SERVICES INC 3/27/2025 $ 1,028.10 794908 0110 Andrew D Burich 3/27/2025 $ 86.00 794909 0110 Andrew R Tipton 3/27/2025 $ 86.00 794910 5110 APPLIED LNG TECHNOLOGIES LLC 3/27/2025 $ 5,858.02 794911 5110 ARMOR COATINGS 3/27/2025 $ 1,028.38 794912 0110 ASCENT ENVIRONMENTAL INC 3/27/2025 $ 87,483.75 794913 0110 ASELA ENVIRONMENTAL INC 3/27/2025 $ 40,721.87 794914 14210 ASM MANAGEMENT BAKERSFIELD 3/27/2025 $ 1,250.00 794915 0110 Austin L Kennedy 3/27/2025 $ 349.00 794917 5110 AUTO TECH AND SMOG 3/27/2025 $ 263.89 794918 5110 AUTOMOTIVE ENGINEERING 3/27/2025 $ 3,283.81 794919 5110 B &G MACHINE &WELDING 3/27/2025 $ 340.99 794920 3120 BAKERSFIELD CALIFORNIAN 3/27/2025 $ 82.03 794921 5110 BAKERSFIELD HARLEY DAVIDSON INC 3/27/2025 $ 3,037.94 794922 0110 BAKERSFIELD SIGNS INC 3/27/2025 $ 519.60 794923 5110 BAKERSFIELD TRUCK CENTER 3/27/2025 $ 139,722.51 794924 15110 BLACKHOLE TECHNOLOGIES INC 3/27/2025 $ 4,747.45 794925 5110 BOBS AUTO GLASS INC 3/27/2025 $ 306.93 794926 5110 BORN AGAIN BODYWORKS 3/27/2025 $ 10,576.79 794927 4210 BOWMAN ASPHALT 3/27/2025 $ 63,641.14 794928 1860 BOYS AND GIRLS CLUB OF KERN CO 3/27/2025 $ 900,000.00 794929 4110 BRADY INDUSTRIES 3/27/2025 $ 356.01 794930 3110 BRANDCO 3/27/2025 $ 37.45 794931 0110 Brandon C Price 3/27/2025 $ 299.00 794932 0110 Brent P Stratton 3/27/2025 $ 127.00 794933 0110 Bret A Moffatt 3/27/2025 $ 1,528.00 794934 5110 BROCKS TRAILER 3/27/2025 $ 983.20 794935 4210 BROOKS DOUGLASS- REFUND 3/27/2025 $ 202.71 794936 5110 BURTONS FIRE INC 3/27/2025 $ 301.27 794937 15110 ICAL VALLEY EQUIPMENT INC 3/27/2025 1 $ 3,450.20 S:\Accounting\LACEY\ADM I N-COU NCI L\2025\COU NCI L-AD M I N\4.9.25\ 3/28/2025 ORACLE CHECK REGISTER PAGE 9 FROM 3/14/2025 TO 3/27/2025 Payment Number Fund Vendor Name Check Date Check Amount 794938 0110 Caleb W Kiser 3/27/2025 $ 90.79 794939 5110 CALIFORNIA FUELS& LUBRICANTS 3/27/2025 $ 94,150.70 794940 1860 CALIFORNIA PARTNERSHIP FOR SAFE COMMUNI 3/27/2025 $ 6,000.00 794941 0140 CALIFORNIA PUBLIC POLICY GROUP INC 3/27/2025 $ 13,500.00 794942 0140 CALIFORNIA STATE UNIVERSITY BAKERSFIELD 3/27/2025 $ 900.00 794943 4410 CARBON SUPPLY INC 3/27/2025 $ 229,923.71 794944 3110 CEN-CAL CONSTRUCTION INC 3/27/2025 $ 558,187.38 794945 11910 CERTIFIED FOLDER DISPLAY SERVICE INC 3/27/2025 $ 4,363.01 794946 0110 Chad C Ott 3/27/2025 $ 66.01 794947 0110 CHAMPION HARDWARE 3/27/2025 $ 94.18 794948 0110 Chance R Dominguez 3/27/2025 $ 63.00 794949 5110 CHESTER AVENUE BRAKE &SUPPLY 3/27/2025 $ 1,240.44 794950 0110 Cheyanne G Lo 3/27/2025 $ 227.00 794951 0140 CITIGUARD INC 3/27/2025 $ 48,482.88 794952 4410 CLARK PEST CONTROL INC 3/27/2025 $ 90.00 794953 0110 Claude D Brooks 3/27/2025 $ 86.00 794954 11910 Claudia S Belda 3/27/2025 $ 78.07 794955 0110 COMMUNITY ACTION PARTNERSHIP OF KERN 3/27/2025 $ 12,902.73 794956 0110 COMMUNITY PLANNING COLLABORATIVE BAIRD 3/27/2025 $ 7,800.00 794957 0110 COMPASSION CHRISTIAN CENTER 3/27/2025 $ 20,083.88 794958 3110 CONSOLIDATED ELECTRICAL DISTRIBUTORS IN 3/27/2025 $ 4,969.64 794959 10110 CONTACT SECURITY INC 3/27/2025 $ 8,655.36 794960 0110 CPS HR CONSULTING 3/27/2025 $ 1,950.00 794961 0110 CRITTERS WITHOUT LITTERS 3/27/2025 $ 1,280.00 794962 1210 CROSSTOWN ELECTRICAL& DATA 3/27/2025 $ 66,119.32 794963 4120 CS AMSCO 3/27/2025 $ 4,567.94 794964 15110 CUMMINS SALES AND SERVICE 3/27/2025 $ 634.47 794965 3120 CURTIS ELECTRICAL CONSTRUCTION 3/27/2025 $ 24,055.00 794966 5110 Daniel Becerra 3/27/2025 $ 53.00 794967 0110 Daniel D Mcclive 3/27/2025 $ 326.00 794968 0110 DAVE BANG ASSOCIATES INC 3/27/2025 $ 2,819.51 794969 10110 DAVES FLEET MAINT &TOWING INC 3/27/2025 $ 454.00 794970 0110 DAVID JANES COMPANY 3/27/2025 $ 631.32 794971 1810 David R Grimm 3/27/2025 $ 50.00 794972 0110 DE LAGE LANDEN INC 3/27/2025 $ 629.83 794973 5110 DELANEY&AHLF DIESEL SERVICE INC 3/27/2025 $ 29,541.51 794974 15110 DELL MARKETING L P 3/27/2025 $ 5,350.98 794975 4210 DELTA LIQUID ENERGY 3/27/2025 $ 303.89 794976 0110 Dena N Murphy 3/27/2025 $ 302.30 794977 0110 Denise E Perez-Fernandez 3/27/2025 $ 103.78 794978 0140 DEPARTMENT OF JUSTICE 3/27/2025 $ 2,639.00 794979 10110 Doretha A Wyatt 3/27/2025 $ 86.00 794980 4110 DXP ENTERPRISES INC 3/27/2025 $ 2,791.55 794981 5110 E J WARD INCORPORATED 3/27/2025 $ 270.16 794982 0110 Eileen Lewis 3/27/2025 $ 227.00 794983 3110 ELAVON 3/27/2025 $ 3,258.64 794984 10110 ELENOR LARA- REFUND 3/27/2025 $ 219.00 794985 0110 ELEXIS OROZCO- REFUND 3/27/2025 $ 61.00 794986 1910 EMBROIDERY PLUS LLC 3/27/2025 $ 615.40 794987 0110 ERNEST PACKING SOLUTIONS INC 3/27/2025 $ 2,490.18 794988 3120 IESPARZAS CONTAINERS 3/27/2025 1 $ 649.51 S:\Accounting\LACEY\ADM I N-COU NCI L\2025\COU NCI L-AD M I N\4.9.25\ 3/28/2025 ORACLE CHECK REGISTER PAGE 10 FROM 3/14/2025 TO 3/27/2025 Payment Number Fund Vendor Name Check Date Check Amount 794989 5110 EZ LINER INDUSTRIES 3/27/2025 $ 1,483.43 794990 5110 FAST UNDERCAR LLC 3/27/2025 $ 1,588.40 794991 0110 FEDEX 3/27/2025 $ 15.22 794992 4120 FERGUSON ENTERPRISES INC 3/27/2025 $ 2,831.68 794993 0110 FISH ENTERPISES INC 3/27/2025 $ 1,390.00 794994 5110 FLEET SERVICES TOWING INC 3/27/2025 $ 150.00 794995 0140 FLOOD BAKERSFIELD MINISTRIES 3/27/2025 $ 58,605.12 794996 10110 G H SLACK&SON 3/27/2025 $ 93.31 794997 4120 G S E CONSTRUCTION CO INC 3/27/2025 $ 2,457.00 794998 1860 GARDEN PATHWAYS INC 3/27/2025 $ 11,226.56 794999 3120 GCI EQUIPMENT RENTAL 3/27/2025 $ 54.12 795000 0110 GEORGE GILLBURG - REFUND 3/27/2025 $ 25.86 795001 5110 GIBBS INTERNATIONAL TRUCK CENTER 3/27/2025 $ 64.96 795002 1860 GOLDEN EMPIRE GLEANERS 3/27/2025 $ 5,128.00 795003 5110 GOLDEN EMPIRE TOWING INC 3/27/2025 $ 567.50 795004 5110 GOLDEN STATE PETERBILT 3/27/2025 $ 1,458.03 795005 0110 GRACE MORIN - PART B 3/27/2025 $ 33.56 795006 3120 GRANITE CONSTRUCTION INC 3/27/2025 $ 9,273.29 795007 1450 GRAYBAR ELECTRIC COMPANY 3/27/2025 $ 13,505.62 795008 5110 GREGS PETROLEUM SERVICES INC 3/27/2025 $ 8,727.21 795009 3350 GROUP DELTA CONSULTANTS INC 3/27/2025 $ 44,510.34 795010 0110 H &S BODY WORKS &TOWING 3/27/2025 $ 319.00 795011 4120 H &S HOSE &SUPPLY INC 3/27/2025 $ 532.72 795012 5110 HADDAD DODGE 3/27/2025 $ 566.28 795013 0110 HALL LETTER SHOP 3/27/2025 $ 631.71 795015 0110 HARDER +COMPANY COMMUNITY RESEARCH 3/27/2025 $ 14,345.49 795016 6110 HELEN BROWN-WEST- REFUND 3/27/2025 $ 200.00 795017 0110 HENRIETTA WEILL MEMORIAL CHILD GUIDANCE 3/27/2025 $ 370.85 795018 0110 HENRY SNIPES- REFUND 3/27/2025 $ 25.86 795019 5110 HERITAGE CRYSTAL CLEAN LLC 3/27/2025 $ 1,040.44 795020 0110 HOME DEPOT PRO 3/27/2025 $ 141.46 795021 0110 HOUSING AUTHORITY OF KERN COUNTY 3/27/2025 $ 3,426.04 795022 4120 HOWDEN USA COMPANY 3/27/2025 $ 135,802.66 795023 5110 HYDRAULIC CONTROLS INC 3/27/2025 $ 552.53 795024 4120 INDUSTRIAL ELECTRIC CONSTRUCTION & MAIN 3/27/2025 $ 32,982.17 795025 0120 INTERWEST CONSULTING GROUP INC 3/27/2025 $ 959.82 795026 0110 IRMA CARSON - REFUND 3/27/2025 $ 25.86 795027 0110 ISAAC O MONSIBAIS- REFUND 3/27/2025 $ 1.80 795028 0110 ISABEL WILLIAMS- REFUND 3/27/2025 $ 25.86 795029 4310 J & E RESTAURANT SUPPLY INC 3/27/2025 $ 212.48 795030 0110 JAKE CADENA- REFUND 3/27/2025 $ 25.86 795031 1860 JAMES NARDUCCI DBA AMESTOY HOTEL 3/27/2025 $ 44,352.00 795032 0110 Jamie Achterberg 3/27/2025 $ 199.55 795033 0110 Jared C Diederich 3/27/2025 $ 86.00 795034 0110 Jeffery S Cecil 3/27/2025 $ 43.00 795035 0110 Jennifer Chrisman 3/27/2025 $ 56.95 795036 0110 Jeremy D Blakemore 3/27/2025 $ 213.00 795037 5110 JERRY& KEITHS INC 3/27/2025 $ 3,880.70 795038 0110 JERRY DE LAURIE- REFUND 3/27/2025 $ 12.21 795039 0110 Jessica G Amos 3/27/2025 $ 349.00 795040 5110 IJIM BURKE LINCOLN MERCURY 3/27/2025 1 $ 555.96 S:\Accounting\LACEY\ADM I N-COU NCI L\2025\COU NCI L-AD M I N\4.9.25\ 3/28/2025 ORACLE CHECK REGISTER PAGE 11 FROM 3/14/2025 TO 3/27/2025 Payment Number Fund Vendor Name Check Date Check Amount 795041 1810 John D Otterness 3/27/2025 $ 367.00 795042 0110 JOHN LEON - REFUND 3/27/2025 $ 42.50 795043 0110 JOHN P HOWLETT- REFUND 3/27/2025 $ 25.86 795044 0140 JOSES ORNAMENTAL SUPPLY INC 3/27/2025 $ 156.31 795045 0110 Joshua A Martinusen 3/27/2025 $ 252.00 795046 0110 Joshua K Yates 3/27/2025 $ 392.70 795047 0110 Joshua R Wittman 3/27/2025 $ 63.00 795049 10110 Juanita M Lee 3/27/2025 $ 43.00 795050 0110 JULENE EMBREY- REFUND 3/27/2025 $ 42.50 795051 0110 Justine N Jimenez 3/27/2025 $ 43.00 795052 4210 K& I SERVICES INC 3/27/2025 $ 23,900.00 795053 5110 K& R TOWING 3/27/2025 $ 100.00 795054 10110 KAREN CRAWFORD- REFUND 3/27/2025 $ 25.86 795055 0110 KAREN KISBEY- REFUND 3/27/2025 $ 12.21 795056 1810 Keith M Cason 3/27/2025 $ 50.00 795057 5110 KELLAR EQUIPMENT HOSE AND REPAIR INC 3/27/2025 $ 12,386.97 795058 3120 KERN BUILDING MATERIALS 3/27/2025 $ 688.02 795059 10140 KERN COUNCIL OF GOVERNMENTS 3/27/2025 $ 1,040.00 795060 5110 KERN COUNTY SUPERINTENDENT OF SCHOOLS 3/27/2025 $ 49,633.56 795061 0110 KERN MACHINERY INC 3/27/2025 $ 5,707.75 795062 3120 KERN SPRINKLER LANDSCAPING INC 3/27/2025 $ 22,025.20 795063 0110 KILLIAN PEST CONTROL 3/27/2025 $ 210.00 795064 10110 KIMLEY HORN &ASSOCIATES INC 3/27/2025 $ 8,757.50 795065 0140 KVPRINT 3/27/2025 $ 531.72 795066 0110 Kyle F Ursery 3/27/2025 $ 86.00 795067 5110 L A GRINDING INC 3/27/2025 $ 205.00 795068 3120 L&W SUPPLY CORPORATION 3/27/2025 $ 207.57 795069 10140 LA MARIPOSA EVENT CENTER 3/27/2025 $ 500.00 795070 0110 LARRY STURTEVANT- REFUND 3/27/2025 $ 12.21 795071 0110 LAUREN DIMBERG - REFUND 3/27/2025 $ 39.61 795072 0140 Lawrence Diego 3/27/2025 $ 294.28 795074 0110 LEROY ZINK- REFUND 3/27/2025 $ 42.50 795075 10110 LINDA ALONSO- REFUND 3/27/2025 $ 42.50 795076 4210 LINDE GAS & EQUIPMENT DBA PRAXAIR 3/27/2025 $ 258.44 795077 4310 LIVE OAK ASSOCIATES INC 3/27/2025 $ 2,254.21 795078 1510 LOOP ELECTRIC INC 3/27/2025 $ 2,780.00 795079 0110 Lorena I Gregory 3/27/2025 $ 349.00 795080 15110 LUCKY SPOT AUTO BODY& PAINT 3/27/2025 $ 830.00 795081 0110 Luis A Topete 3/27/2025 $ 254.67 795082 0110 Lynn A Martinez 3/27/2025 $ 86.00 795083 4310 M &S SECURITY SERVICES 3/27/2025 $ 1,728.00 795084 0110 M ROSE OWEN - REFUND 3/27/2025 $ 42.50 795085 10110 MARGARET URSIN - REFUND 3/27/2025 $ 42.50 795086 1740 Mark A Rodriguez 3/27/2025 $ 191.00 795087 0110 MARK W AUSTIN - REFUND 3/27/2025 $ 42.50 795088 0110 MARY ANNE MCLAY- REFUND 3/27/2025 $ 42.50 795089 5110 MCLELLAN INDUSTRIES INC 3/27/2025 $ 945.71 795090 14510 MEAD & HUNT INC 3/27/2025 $ 7,173.35 795091 0110 MEDIWASTE DISPOSAL LLC 3/27/2025 $ 103.88 795093 0140 MERRIMAN HURST&ASSOCIATES INC 3/27/2025 $ 5,200.00 795094 1450 1 MESA ENERGY SYSTEMS INC 3/27/2025 1 $ 3,885.00 S:\Accounting\LACEY\ADM I N-COU NCI L\2025\COU NCI L-AD M I N\4.9.25\ 3/28/2025 ORACLE CHECK REGISTER PAGE 12 FROM 3/14/2025 TO 3/27/2025 Payment Number Fund Vendor Name Check Date Check Amount 795095 4210 METROPOLITAN RECYCLING LLC 3/27/2025 $ 60,528.14 795096 0110 MICHAEL F QUON - REFUND 3/27/2025 $ 42.50 795097 5110 MICHELIN NORTH AMERICA INC 3/27/2025 $ 5,475.68 795098 0110 MICKEY D MOYER- REFUND 3/27/2025 $ 42.50 795100 0110 MIKE DORKIN - REFUND 3/27/2025 $ 25.86 795101 0110 MIKE DOYLE- REFUND 3/27/2025 $ 42.50 795102 0110 Mikie K Barrett 3/27/2025 $ 127.00 795103 10140 MILLER MENDEL INC 3/27/2025 $ 23,146.25 795104 0110 MIWALL CORPORATION 3/27/2025 $ 41,741.36 795105 0140 MOSS ADAMS LLP 3/27/2025 $ 10,532.50 795106 5110 MOTOR CITY SALES &SERVICE 3/27/2025 $ 559.06 795107 0140 NEIL SULLIVAN LLC 3/27/2025 $ 34,027.21 795108 3140 NELMS SURVEYING INC 3/27/2025 $ 1,860.00 795109 4310 NORTH KERN WATER STORAGE DISTRICT 3/27/2025 $ 12,218.95 795111 5110 OFFICE1 3/27/2025 $ 381.47 795112 5110 ONE SOURCE PARTS LLC 3/27/2025 $ 3,451.95 795113 0110 ORDIZ MELBY INC 3/27/2025 $ 15,000.00 795114 3130 OVERLAND PACIFIC &CUTLER LLC 3/27/2025 $ 27,450.33 795115 6310 P &A ADMINISTRATION SERVICES INC 3/27/2025 $ 23,769.62 795116 5110 P T O SALES CORP/TRUCKPRO LLC 3/27/2025 $ 370.37 795117 0140 PACIFIC TIRE &WHEEL CALIFORNIA&CHEST 3/27/2025 $ 35,000.00 795118 5110 PAPE KENWORTH 3/27/2025 $ 458.74 795119 5110 PAPE MATERIAL HANDLING 3/27/2025 $ 6,318.62 795120 0110 PARADISE BALLOON DESIGNS 3/27/2025 $ 807.31 795121 0110 PATRICIA DARBEE- REFUND 3/27/2025 $ 25.86 795122 0110 PATRICIA LIVERMORE - REFUND 3/27/2025 $ 42.50 795123 1810 Paul A Madriz 3/27/2025 $ 399.00 795124 0110 Paul D Bender 3/27/2025 $ 349.00 795125 0110 PAULA ROMINES- REFUND 3/27/2025 $ 25.86 795126 5110 PAYLESS TOWING 3/27/2025 $ 50.00 795127 0140 PENSINGER TRAILER RENTALS 3/27/2025 $ 96.35 795128 5110 PERFORMANCE TRUCK REPAIR 3/27/2025 $ 11,260.38 795129 0110 PIONEER PAINT 3/27/2025 $ 106.03 795130 0140 PLACER TITLE COMPANY 3/27/2025 $ 400.00 795131 4120 POLLARDWATER 3/27/2025 $ 1,205.97 795132 5110 POWER MACHINERY CENTER 3/27/2025 $ 597.80 795133 0110 POWERSTRIDE BATTERY CO INC 3/27/2025 $ 3,148.91 795134 0110 PRESTON GEORGE- REFUND 3/27/2025 $ 25.86 795135 0110 PRO CLEANER UPPERS 3/27/2025 $ 3,333.33 795136 0110 PROFORCE LAW ENFORCEMENT INC 3/27/2025 $ 1,950.67 795137 0110 PROPIO LS LLC 3/27/2025 $ 75.00 795138 4310 PROVOST & PRITCHARD CONSULTING INC 3/27/2025 $ 17,543.10 795139 5110 QCS QUICK CUSTOM SIGNS 3/27/2025 $ 5,833.75 795140 0110 QUADIENT LEASING USA INC 3/27/2025 $ 1,508.41 795141 5110 QUINN COMPANY INC 3/27/2025 $ 13,192.90 795143 0110 RANCHERIA LAND & LIVESTOCK LLC 3/27/2025 $ 13,200.00 795144 5110 RAY GASKIN SERVICE INC 3/27/2025 $ 3,159.53 795145 0110 RAYMONDS TROPHY AND AWARDS 3/27/2025 $ 129.90 795146 5110 RENEWELL FLEET SERVICE LLC 3/27/2025 $ 740.85 795147 0110 RICHARD WATKINS - REFUND 3/27/2025 $ 25.86 795148 0140 IRINCON CONSULTANTS INC 3/27/2025 1 $ 35,265.46 S:\Accounting\LACEY\ADM I N-COU NO L\2025\COU NO L-ADM I N\4.9.25\ 3/28/2025 ORACLE CHECK REGISTER PAGE 13 FROM 3/14/2025 TO 3/27/2025 Payment Number Fund Vendor Name Check Date Check Amount 795149 0110 RLH FIRE PROTECTION 3/27/2025 $ 22,428.00 795150 0110 ROBERT D MELTON - REFUND 3/27/2025 $ 12.21 795151 0110 Robert E Smith 3/27/2025 $ 486.10 795152 0110 ROBERT TABLIT- REFUND 3/27/2025 $ 12.21 795153 0110 RODNEY KNIGHT- RETIREE 3/27/2025 $ 9.36 795156 0110 RONALD SHORT- REFUND 3/27/2025 $ 42.50 795157 4110 Rosa E Barrera 3/27/2025 $ 1,210.00 795159 15110 RUSH TRUCK CENTERS OF CAL INC 3/27/2025 $ 175,101.54 795160 1810 Ryan B Vaughan 3/27/2025 $ 136.00 795161 0110 S &S WORLDWIDE INC 3/27/2025 $ 8,332.80 795162 1510 SAFEWAY SIGN 3/27/2025 $ 4,817.13 795163 3350 SAN JOAQUIN FENCE &SUPPLY 3/27/2025 $ 68,073.00 795164 10110 Scott C Lazenby 3/27/2025 $ 86.00 795165 0110 SCP DISTRIBUTORS LLC 3/27/2025 $ 2,261.95 795166 0140 SEROLOGICAL RESEARCH INSTITUTE 3/27/2025 $ 450.00 795167 0110 SHERWIN WILLIAMS COMPANY 3/27/2025 $ 54.38 795168 0110 SHIELDING THE FRONT LINE 3/27/2025 $ 2,760.00 795169 10110 SHIRLEY A PHILLIPS- REFUND 3/27/2025 $ 42.50 795170 0110 SHIRLEY TORRES- REFUND 3/27/2025 $ 25.86 795171 4310 SIERRA HYDROGRAPHICS 3/27/2025 $ 7,441.28 795172 4210 SIERRA RECYCLING + DEMOLITION INC 3/27/2025 $ 22,000.00 795173 4310 SIERRA SNOW SURVEYS 3/27/2025 $ 28,944.00 795174 15110 SILVAS OIL CO INC 3/27/2025 $ 29,834.27 795175 4120 SLATER PLUMBING & MECHANICAL 3/27/2025 $ 5,295.00 795176 0110 SNIDER'S INC 3/27/2025 $ 82.00 795177 4110 SOUTH COAST AUTOMATION SYSTEMS INC 3/27/2025 $ 6,849.71 795178 4110 SPARKLETTS 3/27/2025 $ 351.25 795179 10110 Spring V Chairez 3/27/2025 $ 160.00 795180 4210 STANDARD PLUMBING SUPPLY DBA FLOYDS 3/27/2025 $ 146.91 795181 4210 STARS AND STRIPES 3/27/2025 $ 3,225.00 795182 0110 STAY FOCUSED MINISTRIES 3/27/2025 $ 14,722.98 795183 0110 STEVE HOLLOWAY PAINTING 3/27/2025 $ 35,611.91 795184 10140 STEVEN P KINNEY 3/27/2025 $ 338.00 795185 0110 STIERN VETERINARY HOSPITAL 3/27/2025 $ 138.00 795186 0120 STINSON STATIONERS 3/27/2025 $ 23.85 795187 5110 SULLY&SON HYDRAULICS INC 3/27/2025 $ 1,894.99 795188 0140 SUMMIT STRATEGIES GOVERNMENT AFFAIRS LL 3/27/2025 $ 6,500.00 795189 14210 SUN OUTDOOR ADVERTISING LLC 3/27/2025 $ 4,800.00 795190 0110 SUNRISE ENVIRONMENTAL SCIENTIFIC 3/27/2025 $ 1,139.23 795191 0120 SUNRUN INSTALLATION SERVICES, INC-REFUN 3/27/2025 $ 129.00 795192 0110 SUSAN ALEXANDER- REFUND 3/27/2025 $ 25.86 795193 3120 SW CONSTRUCTION 3/27/2025 $ 67,641.79 795194 10110 T-MOBILE USA 3/27/2025 $ 115.00 795195 0110 Tanya L Nousch 3/27/2025 $ 207.62 795196 0110 TARGET SPECIALTY PRODUCTS 3/27/2025 $ 922.84 795197 4610 TATES JANITORIAL SERVICE 3/27/2025 $ 1,340.59 795198 1740 TEL TEC SECURITY SYSTEM INC 3/27/2025 $ 370.22 795199 14210 TELSTAR INSTRUMENTS 3/27/2025 $ 12,355.49 795200 5110 TEN EIGHT TOW INC 3/27/2025 $ 250.00 795201 0110 THE LIFEGUARD STORE 3/27/2025 $ 5,319.78 795202 1110 ITHE MISSION AT KERN COUNTY 3/27/2025 1 $ 15,343.43 S:\Accounting\LACEY\ADM I N-COU NCI L\2025\COU NCI L-AD M I N\4.9.25\ 3/28/2025 ORACLE CHECK REGISTER PAGE 14 FROM 3/14/2025 TO 3/27/2025 Payment Number Fund Vendor Name Check Date Check Amount 795203 1120 THE OPEN DOOR NETWORK 3/27/2025 $ 197,611.63 795204 0110 Tim Ortiz 3/27/2025 $ 426.96 795205 1810 Timothy A Berchtold 3/27/2025 $ 367.00 795206 0110 TK ELEVATOR 3/27/2025 $ 526.40 795207 0110 TONY M ALVIDREZ- REFUND 3/27/2025 $ 25.86 795208 0110 TPX COMMUNICATIONS 3/27/2025 $ 2,787.32 795209 0110 TRANS-WEST SECURITY INC 3/27/2025 $ 27,123.99 795210 10140 TREK DIGITAL PRODUCTS INC 3/27/2025 $ 205.68 795211 0110 TREMCO/WEATHERPROOFING TECH 3/27/2025 $ 361.45 795212 5110 TRINITY SAFETY COMPANY 3/27/2025 $ 844.35 795213 4310 TRUCKPRO LLC 3/27/2025 $ 136.46 795214 0110 TRUDY SLATER- REFUND 3/27/2025 $ 7.85 795215 15110 TYACK TIRES INC 3/27/2025 $ 8,461.41 795216 5110 TYLER TECHNOLOGIES INC 3/27/2025 $ 1,084.00 795217 4210 ULINE SHIPPING SUPPLY 3/27/2025 $ 671.40 795218 0110 UNIVERSAL BACKGROUND SCREENING INC 3/27/2025 $ 2,620.45 795219 4120 USP TECHNOLOGIES 3/27/2025 $ 35,928.96 795220 1450 V3 COMPANIES LTD 3/27/2025 $ 5,336.00 795221 5110 VBI PAINTING 3/27/2025 $ 12,158.69 795222 0110 VENTURI ENTERPRISES INC 3/27/2025 $ 8,425.00 795223 0110 Verion D Coleman Jr 3/27/2025 $ 326.00 795224 0120 VERIZON WIRELESS 3/27/2025 $ 75,399.76 795225 0110 VICTORIA DAVIS- REFUND 3/27/2025 $ 12.39 795226 0110 VICTORY TACTICAL GEAR LLC 3/27/2025 $ 655.68 795227 1860 W A CONSULTING DBA MONEYWISE 3/27/2025 $ 13,494.75 795228 10140 Walter M Villa 3/27/2025 $ 1,621.82 795229 0110 WATER SAFETY PRODUCTS 3/27/2025 $ 2,473.02 795230 0110 WENDALE DAVIS FOUNDATION 3/27/2025 $ 30,003.70 795231 4410 WESTAIR GASES & EQUIPMENT INC 3/27/2025 $ 265.43 795232 0110 WESTERN EXTERMINATOR COMPANY 3/27/2025 $ 218.90 795233 15110 WEX BANK 3/27/2025 $ 3,678.69 795234 0110 WHITE CAP CONSTRUCTION SUPPLY 3/27/2025 $ 182.31 795235 4410 WITCHER ELECTRIC INC 3/27/2025 $ 6,239.33 795236 5110 WRENS HYDRAULICS INC 3/27/2025 $ 1,069.64 795237 3120 XIT SOLUTIONS 3/27/2025 $ 15,089.24 795238 15110 ZEP MANUFACTURING COMPANY 3/27/2025 $ 332.13 795239 5110 ZOOM IMAGING SOLUTIONS, INC. 3/27/2025 $ 52.78 9998393 0110 GLEN OAKS ESCROW 3/14/2025 $ 250,000.00 9998394 0110 CALPERS 3/20/2025 $ 6,750.00 9998395 5110 DEPARTMENT OF THE TREASURY 3/20/2025 $ 174.65 9998396 0110 U S BANK N.A. MINNESOTA 3/20/2025 $ 1,300,000.00 9998398 0140 DP CAL CORPORATE PLAZA LP 3/27/2025 $ 68,387.63 794432 5210 CLIFFORD & BROWN 3/20/2025 $ 18,750.00 794434 5210 Justin E Frey 3/20/2025 $ 160.00 794523 5210 AIMS C/O HANNA BROPHY MACLEAN 3/20/2025 $ 5,499.87 794590 5210 CAMERIN KREIZENBECK 3/20/2025 $ 11,550.00 794627 5210 Eliseo Moreno 3/20/2025 $ 160.00 794630 5210 Emelia Silva 3/20/2025 $ 220.90 794637 5210 FEDEX 3/20/2025 $ 151.93 794653 5210 GEORGE HILLS COMPANY INC 3/20/2025 $ 680.00 794667 5210 1 HANNA BROPHY MACLEAN MCALEER &JENSEN L 3/20/2025 1 $ 564.00 S:\Accounting\LACEY\ADM I N-COU NCI L\2025\COU NCI L-AD M I N\4.9.25\ 3/28/2025 ORACLE CHECK REGISTER PAGE 15 FROM 3/14/2025 TO 3/27/2025 Payment Number Fund Vendor Name Check Date Check Amount 794679 5210 JANET PENCE 3/20/2025 $ 1,162.87 794720 5210 LEHIGH OUTFITTERS LLC 3/20/2025 $ 701.50 794727 5210 Manuel Villanueva Jr 3/20/2025 $ 48.70 794740 5210 Miguel A Ceja 3/20/2025 $ 160.00 794756 5210 Omar D Flores 3/20/2025 $ 160.00 794781 5210 RE POWERS &COMPANY 3/20/2025 $ 18,500.00 794841 5210 Christopher P Contreras 3/27/2025 $ 160.00 794844 15210 MARDEROSIAN &COHEN 3/27/2025 $ 100,307.58 794845 5210 MARDEROSIAN &COHEN 3/27/2025 $ 100,000.00 794850 5210 THE SEHAT LAW FIRM PLC -ATTORNEY CLIEN 3/27/2025 $ 10,000.00 794888 5210 STINSON STATIONERS 3/27/2025 $ 5,460.52 794916 5210 AUTO DAMAGE APPRAISERS 3/27/2025 $ 240.00 795014 15210 HANNA BROPHY MACLEAN MCALEER &JENSEN L 3/27/2025 $ 160.00 795048 5210 Juan Salinas 3/27/2025 $ 160.00 795073 5210 LEHIGH OUTFITTERS LLC 3/27/2025 $ 4,195.27 795092 5210 MEMORIAL OCCUPATIONAL MEDICINE 3/27/2025 $ 211.00 795099 5210 Miguel Navarro 3/27/2025 $ 158.03 795110 15210 Octavio N Gonzalez 3/27/2025 $ 160.00 795142 5210 Rafael G Gutierrez Jr 3/27/2025 $ 160.00 795154 5210 Rogelio M Venegas 3/27/2025 $ 156.91 795155 5210 Ronald L Duerner II 3/27/2025 $ 160.00 795158 5210 Roy A Garza 3/27/2025 $ 160.00 9998397 15210 WELLS FARGO BANK 3/20/2025 $ 161,070.13 9998399 5210 WELLS FARGO BANK 3/27/2025 $ 83,262.29 $ 21,108,883.64 S:\Accounting\LACEY\ADM I N-COU NCI L\2025\COU NCI L-AD M I N\4.9.25\ • BAKERSFIELD ADMINISTRATIVE REPORT MEETING DATE: April 9, 2025 AGENDA CATEGORY: Consent—Payments and Agreements TO: Honorable Mayor and City Council FROM: Randy McKeegan, Finance Director DATE: March 28, 2025 SUBJECT: Receive and file department agreements over $40,000 and under $100,000 between March 14, 2025 and March 27, 2025. RECOMMENDATION: Staff recommends receiving and filing the report. BACKGROUND: In accordance with Bakersfield Municipal Code Chapter 3.20 the Finance Director must report other financial reports required to indicate the financial condition of the city periodically to the City Council. In conjunction with changes to Bakersfield Municipal Code Section 3.20, an informational report was requested to provide documentation of contracts between $40,000 and $100,000 to increase transparency and measure the effectiveness of the changes in contract authority threshold amounts. FISCAL IMPACT: $545,000.00 COUNCIL GOAL: Innovative and Efficient City Government ATTACHMENTS: Department Agreements report 4.9.25 i CM25-018VB Influencers Youth Sports HoustBtounamentsatMesaMarin Sports Center $ 40,000.00 3/20/2025 DS25-008 CCU Demolition Demolition of a commercial structue and consession stand $ 55,000.00 3/18/2025 Amendmentto increase compensation and extend another year for sewer 3/18/2025 FD22-014(1) Bakersfield Plumbing Co and plumbing services $ 50,000.00 RP25020 loeMontelon� Umpiresto officiate softball games $ 40,000.00 3/18/2025 RP25-021 Bill White Umpires to officiate softball games $ 40,000.00 3/18/2025 RP25-022 AndrewEsquvel Umpiresto officiate softball games $ 40,000.00 3/18/2025 RP25-023 Christopher Robertson Umpires to officiate softball games $ 40,000.00 3/18/2025 RP25-024 JuanGaria Umpires to officiate softball games $ 40,000.00 3/18/2025 RP25-025 Alex Bernal Umpirestoofficiatesoftballgames $ 40,000.00 3/18/2025 RP25-026 Artloven Umpiresto officiate softball games $ 40,000.00 3/18/2025 RP25-027 KevinDalmas Umpiresto officiate softballgames $ 40,000.00 3/18/2025 TS23-017(1) LexipolLLC Amendment to purchase additional Metr Subscriptions forthe BPD $ 40,000.00 3/21/2025 TS25-011 DocuSigtn Inc Software and subscription services intergrated $ 40,000.00 3/26/2025 $ 545,000.00 • BAKERSFIELD ADMINISTRATIVE REPORT MEETING DATE: April 9,2025 AGENDA CATEGORY: Consent—Resolutions TO: Honorable Mayor and City Council FROM: Jennifer M. Byers, Economic and Community Development Director DATE: March 27, 2025 SUBJECT: Resolution Declaring the Property at 901 Union Avenue as Exempt Surplus Land to be used for permanent supportive housing for the Homekey+ Program (Ward 2) RECOMMENDATION: Staff recommends adoption of the resolution and declaration of property at 901 Union Avenue as exempt surplus land. BACKGROUND: In April of 2024,the City of Bakersfield purchased the property at 901 Union Avenue (APN 009-502-10) previously known as Ramkabir Motel. In February of 2025, the City began work on a joint application for the Homekey+ Grant through the State of California's Housing and Community Development Department.The proposed Homekey+ project will include the rehabilitation of the Ramkabir Motel into Permanent Supportive Housing (PSH)with approximately 30 units, a community room and office space for service providers.The application is being developed jointly with the Community Action Partnership of Kern who will be the service provider for the project should it be awarded. Pursuant to Government Code Section 54221,the property must be declared "surplus land" or"exempt surplus land" prior to taking any further action towards disposing of the property(including leasing surplus land for a term longer than 15 years). Government Code Section 37364 authorizes cities to sell, lease, or otherwise dispose of real property to provide housing affordable to persons and families of low-or moderate-income provided that(i) at least 80%of the area of the property will be used for development of housing, and (ii) at least 40%of the housing units developed on the property will be affordable to households whose income is not greater than 60%AMI (75%of the upper limit for"lower income households"), of which at least one-half will be affordable to households of very low-income (50%AM I). If awarded the Homekey+ Program funding, the City desires to transfer the Property for its rehabilitation and operation as provided herein and therefore such property qualifies as exempt surplus land. If the City does not receive Homekey+ Program funding, this Resolution is hereby null and void. FISCAL IMPACT: No fiscal impact. COUNCIL GOAL: Economic Opportunity for All WARD: 2 ATTACHMENT: Resolution RESOLUTION NO. RESOLUTION DECLARING REAL PROPERTY EXEMPT SURPLUS LAND AND SURPLUS TO THE NEEDS OF THE CITY WHEREAS, on April 24, 2024, the City of Bakersfield ("City") acquired certain real property known as the Ramkabir Motel, located at 901 Union Avenue (APN 009-502-10), as more particularly identified on Exhibit "A", attached hereto and made a part hereof ("Property") for the purpose of developing affordable housing; and WHEREAS, the Surplus Land Act, Government Code sections 54220 et seq. ("Act") applies when a local agency disposes of "surplus land," as that term is defined in Government Code section 54221 ; and WHEREAS, pursuant to Government Code section 54221 (f)(1)(A), the Act also exempts certain surplus land from its requirements, including, land that is transferred pursuant to Government Code Section 37364 qualifies as "exempt surplus land"; and WHEREAS, Government Code Section 37364 authorizes cities to sell, lease, or otherwise dispose of real property to provide housing affordable to persons and families of low-or moderate-income provided that (i) at least 80% of the area of the property will be used for development of housing, and (ii) at least 40% of the housing units developed on the property will be affordable to households whose income is not greater than 60% AMI (75% of the upper limit for "lower income households"), of which at least one-half will be affordable to households of very low-income (50% AMI); and WHEREAS, City will jointly apply with Community Action Partnership of Kern (CAPK) for an award of funding for the Homekey+ Program under the California Department of Housing and Community Development ("HCD"), established pursuant to California Health and Safety Code Section 50675.1 .3 et seq. (the "Homekey+ Program") providing Permanent Supportive Housing to extremely low-income individuals (30% AMI); and PAGE - 1 WHEREAS, if awarded the Homekey+ Program funding, the City desires to transfer the Property for its rehabilitation and operation as provided herein and therefore such property qualifies as exempt surplus land. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows: 1 . The City Council adopts the recitals set forth above as findings of fact. 2. The City Council has determined, and hereby affirms that the Property will be used to provide housing affordable to persons and families of extremely low income, that this use is in the City's best interests, and that the rehabilitation and operation of the Property will satisfy the requirements of Government Code Section 37364. 3. The City Council further makes the following findings, pursuant to Government Code Section 37364 that the Property shall be developed: a. Consistent with the requirements that not less than 80% of the Property will be developed for housing. b. Consistent with the requirements for affordability, with the exception of the manager's unit, all of the residential units in the Project will be affordable to households whose incomes are not greater than 30% of area median income. 4. Based upon the foregoing, the City Council hereby determines and declares the Property to be exempt surplus land under Government Code Section 54221 (f)(1)(A) as property to be transferred pursuant to Government Code Section 37364. PAGE -2 5. If City does not receive Homekey+ Program funding, this Resolution is hereby null and void. HEREBY CERTIFY that the foregoing Resolution was passed and adopted, by the Council of the City of Bakersfield at a regular meeting thereof held on by the following vote: AYES: COUNCILMEMBER ARIAS,GONZALES,WEIR,SMITH,KOMAN,BASHIRTASH,KAUR NOES: COUNCILMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER JULIE DRIMAKIS, MMC CITY CLERK and EX OFFICIO CLERK of the Council of the City of Bakersfield APPROVED: By KAREN GOH Mayor APPROVED AS TO FORM: By VIRGINIA GENNARO City Attorney VG/blf Attachments: Exhibit"A" S:\Econorric&Comma nityDeve1op\Resos\24-25\Ra mkablr.S urplus.Reso.doc PAGE -3 Exhibit "A" Legal Description & Assessor Parcel Map THE LAND DESCRIBED HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF KERN, CITY OF BAKERSFIELD, DESCRIBED AS FOLLOWS: PARCEL 1 : LOTS 3, 4, 5, 6 AND 7 IN BLOCK 1 OF CALIFORNIA AVENUE PARK TRACT NO. 2, IN THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, AS PER MAP RECORDED MARCH 30, 1925 IN BOOK 3, PAGE 115 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL 2: AN EASEMENT FOR THE USE AND MAINTENANCE OF AN AIR CONDITIONING UNIT AND SHEDS HOUSING SAME OVER THE NORTH 30 FEET OF THE EAST 30 FEET OF LOT 14 IN BLOCK 1 OF CALIFORNIA AVENUE PARK, TRACT NO. 2, AS PER MAP RECORDED MARCH 30, 1925 IN BOOK 3, PAGE 115 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY APN: 009-502-10-00-1 9-50 CALIFORNIA AVE. 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Ctt�1Ot �C C1�1C� Cr� ��t� �'S"r��r`�� ��.fi'4111 i'M/ r /. / // . . /BIU�,MG O ��4�t1��1 Meet�r� fi /n► 1�� � a5'� '� ! low ' ri (/+�y r /Qr;,j*f r ':, /' r%rr r / iT/i / / / r i / / / r ri / / f 'r r ///r�/r/r r /r / / / / /� r r„ / r r r / r ! /r /// / r r , r ' / , , r/ //// / r / r / /r r /r / r r r ri ,.',,, ,/ L ,n, rrw, %� ri// -r� / /� 4:/��ri, / / / r /r ,i r/r��,"It�/i/ / r/,// / �„ r /// 'ri /.` //�/ r mumm�, so / taff ae��redrf dr(abe' a tof u n ' / / / / ' 11 ,Carmmr�niy,, eulc rraen (MCb) r, lat ta,theol�tt�on declare (� real; ' ' // ir!/i %' r "r//r .1j r / /!/ rri j/ r / / r/ ' ti/"wrr, /' r �(O ert r acaf ed'// 90 r1No AY rt�ie (qS / r/, / // //, tr ,a r exern f'S:ur lus nd to be,ue ! far r/ /J / / , /r , / ' "' ermrie` t su r/ r a f1�i %h usi` 'under th' , rraek 'P can ' P r pP, ¢ , a Noy / i' ln%'a 'ar fi/h' rle u ctnf'l//ie;/r t h / ' / / 'the r 'sal �ar�/,urrda cahs�ceraycan '/ ahc es rr ar�tac�'atec ft� 11 h / „ / mafencll altar/fh�3, �nte�t f,t�ie ��s lufi�ah but' a eta' If 1111'11f e `� �t 's ' ' ub�n�ssNor�,uuitfi HD's' u`d e car 'e s 're c '`ct n fiue'c(,'rorn '"li ' e` / p n r r . /' r // // ' /// / / / r r r r% /� r � r / r //r /r ' / r / ,r ", r %i / /i / /i! / /i r. r/ �. r / ', r/ , rr/ / r r r / 45 MR / / / / /r '� / ' 11 / /rr l / / r / r r / / /i� �sa / ' /� r / / i / ,.if ' ,,i, / ;r, r �, / / ri , / / / r /r r/ / r i / ' r / ri r' / ,/ r.. r r / / , , „r �,, r , . , ,, , " f i RESOLUTION NO. I RESOLUTION DECLARING REAL PROPERTY EXEMPT SURPLUS LAND AND SURPLUS TO THE NEEDS OF THE CITY WHEREAS, on April 24, 2024, the City of Bakersfield ("City") acquired certain real property known as the Ramkabir Motel, located at 901 Union Avenue (APN 009-502-10), as more particularly identified on Exhibit "A", attached hereto and made a part hereof ("Property") for the purpose of developing affordable housing; and WHEREAS, the Surplus Land Act, Government Code sections 54220 et seq. ("Act") applies when a local agency disposes of "surplus land," as that term is defined in Government Code section 54221; and j i WHEREAS, pursuant to Government Code section 54221 (f)(1)(A), the Act also exempts certain surplus land from its requirements, including, land that is transferred pursuant to Government Code Section 37364 qualifies as "exempt surplus land"; and WHEREAS, for the purposes of Government Code Section 54221 (f)(2), the Property is not: (i) within a coastal zone, (ii) adjacent to a historical unit of the State Parks System; (iii) listed on, or determined by the State Office of Historic Preservation to be eligible for, the National Register of Historic Places; or (iv) within the Lake Tahoe region as defined by Government Code Section 66905.5; and WHEREAS, Government Code Section 37364 authorizes cities to sell, lease, or otherwise dispose of real property to provide housing affordable to persons and families of low-or moderate-income provided that (i) at least 80% of the area of the property will be used for development of housing, and (ii) at least 40% of the housing units developed on the property will be affordable to households whose income is not greater than 60% AMI (75% of the upper limit for "lower income households"), of which at least one-half will be affordable to households of very low-income (50% AMI); and WHEREAS, City will jointly apply with Community Action Partnership of Kern j (CAPK) for an award of funding for the Homekey+ Program under the California Department of Housing and Community Development ("HCD"), established pursuant to California Health and Safety Code Section 50675.1.3 et seq. (the PAGE- 1 "Homekey+ Program") providing Permanent Supportive Housing to extremely low-income individuals (30% AMI); and WHEREAS, if awarded the Homekey+ Program funding, the City desires to transfer the Property for its rehabilitation and operation as provided herein and therefore such property qualifies as exempt surplus land. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows: 1. The City Council adopts the recitals set forth above as findings of fact. 2. The City Council has determined, and hereby affirms that the Property will be used to provide housing affordable to persons and families of extremely low income, that this use is in the City's best interests, and that the rehabilitation and operation of the Property will satisfy the requirements of Government Code Section 37364. 3. The City Council further makes the following findings, pursuant to Government Code Section 37364 that the Property shall be developed: a. Consistent with the requirements that not less than 80% of the Property will be developed for housing. b. Consistent with the requirements for affordability, with the exception of the manager's unit, all of the residential units in the Project will be affordable to households whose incomes are not greater than 30% of area median income. 4. Based upon the foregoing, the City Council hereby determines and declares the Property to be exempt surplus land under Government Code Section 54221 (f)(1)(A) as property to be transferred pursuant to Government Code Section 37364. PAGE-2 i L: i i C i I 5. If City does not receive Homekey+ Program funding, this Resolution is I hereby null and void. i i HEREBY CERTIFY that the foregoing Resolution was passed and adopted, by the Council of the City of Bakersfield at a regular meeting thereof held on by the following vote: AYES: COUNCILMEMBER ARIAS,GONZALES,WEIR,SMITH, KOMAN,BASHIRTASH,KALIR NOES: COUNCILMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER M I JULIE DRIMAKIS, MMC CITY CLERK and EX OFFICIO CLERK of the Council of the City of Bakersfield APPROVED: f C f By KAREN GOH Mayor APPROVED AS TO FORM: I I I By VIRGINIA GENNARO City Attorney VG/blf I Attachments: Exhibit"A" S:\Economic&C-nityDevelop\Resos\24-25\Ramkabir.Surplus.Reso.doc j PAGE-3 i i Exhibit "A" Legal Description & Assessor Parcel Map THE LAND DESCRIBED HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF KERN, CITY OF BAKERSFIELD, DESCRIBED AS FOLLOWS: PARCEL 1: LOTS 3, 4, 5, 6 AND 7 IN BLOCK 1 OF CALIFORNIA AVENUE PARK TRACT NO. 2, IN THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, AS PER MAP - RECORDED MARCH 30, 1925 IN BOOK 3, PAGE 115 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL 2: AN EASEMENT FOR THE USE AND MAINTENANCE OF AN AIR CONDITIONING UNIT AND SHEDS HOUSING SAME OVER THE NORTH 30 FEET OF THE EAST 30 FEET OF LOT 14 IN BLOCK 1 OF CALIFORNIA AVENUE PARK, TRACT NO. 2, AS PER MAP RECORDED MARCH 30, 1925 IN BOOK 3, PAGE 115 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY A P N: 009-502-10-00-1 9-50 CALIFORNIA AVE. PARK TRACT NO. 2 SCHOOL DIST. /-/ 9-50 /--407 /-90 sl , I .....0/A. St C/oaad-... bSS /0 TH. ST. r ♦ _, i. o •� �� u x, /r6 a '---iFr--TJ---7(6--- e l � S � O/ ZO OJ OO SO ©� �7 �B Ij 9O IOO // /7 rO o ____�ry p0_____ r � ""�• /B /1 /6 /6 /I / I / 9 B 7 6 _----- rv, b 46 / 10, 2J I 6 126 t7 ZB I Z9 J ; p, jp 9TH A 4 v ST. 4. Ie� O /© // I i .O2 I LJ y aTH.. ST. 71 40 47 � Parsed:06W2022 Wrt 1e1..rerY �M+M w1Y wM.4Mlw l�ww ASSESSORS MAP NO..___9___50.__ COUNTY OF KERN A-1 • BAKERSFIELD ADMINISTRATIVE REPORT MEETING DATE: April 9,2025 AGENDA CATEGORY: Consent-Resolutions TO: Honorable Mayor and City Council FROM: Randy McKeegan, Finance Director DATE: March 31, 2025 SUBJECT: Dispense with bidding for the purchase of a tire roller for the Streets Division. Resolution determining that a tire roller can most efficiently be obtained through cooperative procurement bidding procedures from Quinn Cat and authorizing the Finance Director to dispense with bidding for the purchase of one unit in the amount of$319,898. RECOMMENDATION: Staff recommend adoption of the resolution and approval of the purchase. BACKGROUND: This purchase of one tire roller for the Streets Division within the Public Works Department will replace a unit that is more than 14 years old and past its useful life.The unit meets the criteria for replacement as determined by the Fleet Division.The unit will be replaced with a newer unit providing more efficiency. The City municipal code section 3.20.060(D)(6) allows the City to dispense with bidding when it is determined that the equipment is not available from local vendors and that it is in the best interests of the City, and to the City's economic advantage that such equipment be obtained at the lowest possible cost by entering into a cooperative procurement contract that was competitively bid within the last thirty- six months or is one that is still active and valid. Quinn Cat has entered into a competitive procurement contract with Sourcewell to offer discount pricing for their equipment. Staff recommend adoption of the Resolution to dispense with bidding for the purchase of one tire roller from Quinn Cat in the amount of $319,898 for the Water Resources Department. FISCAL IMPACT: This purchase of one tire roller will use savings from budgeted replacement funds to replace previously identified and approved equipment. Funds are budgeted in the Fiscal Year 2024-25 within the Equipment Management Fund for this purchase. COUNCIL GOAL: Innovative and Efficient City Government ATTACHMENTS: Resolution RESOLUTION NO. A RESOLUTION OF THE BAKERSFIELD CITY COUNCIL DISPENSING WITH FORMAL BIDDING PROCEDURES IN THE PURCHASE OF A TIRE ROLLER FROM QUINN CAT AND AUTHORIZING THE USE OF COOPERATIVE PROCUREMENT CONTRACTS FOR THE PURCHASE OF ONE UNIT. WHEREAS, the City may enter into cooperative procurement contracts for supplies, equipment or materials without competitive bidding pursuant to Bakersfield Municipal Code Section 3.20.060(D)(6); and WHEREAS, prices offered through national cooperative procurement contracts are generally less expensive than the prices for work, supplies, the City is currently paying; and WHEREAS, purchasing work, supplies, equipment, or materials for the City through national cooperative procurement contracts is to the City's economic advantage and in the City's best interests; and WHEREAS, Bakersfield Municipal Code Section 3.20.060(D)(6) allows the City to dispense with bidding procedures when it is determined that work, supplies, equipment or materials are not available from local vendors and that it is in the best interests of the city, and to the city's economic advantage that such work, supplies, equipment or materials be obtained at the lowest possible cost forthe quality needed by entering into a city, county, state orfederal government cooperative procurement contract that was competitively awarded by another governmental agency within the last 36 months or is one that is still current and active; and WHEREAS, the process used to determine the vendors for the cooperative procurement contracts herein substantially complies with the City's procurement process, including public advertisement for sealed bids and awards determined on the basis of best value. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows: 1 . The above recitals are true and correct and are incorporated herein by reference. - Page 1 of 3 Pages - 2. The Council finds that work, supplies, equipment or materials are not available from local vendors and that it is in the best interests of the city, and to the city's economic advantage that such work, supplies, equipment or materials be obtained at the lowest possible cost for the quality needed by entering into a city, county, state or federal government cooperative procurement contract that was competitively awarded by another governmental agency within the last 36 months or is one that is still current and active. 3. The Finance Director or his designee is authorized to dispense with bidding in accordance with section 3.20.060(D)(6) of the Bakersfield Municipal Code and to negotiate the purchase of same. 4. The Finance Director or his designee is authorized to purchase one tire roller through Sourcewell pursuant to the terms and conditions of Contract No. 060122-CAT with Quinn Cat and may be amended from time to time and including any options to renew that may be exercised by Sourcewell. 5. That the Finance Director or designee is authorized to negotiate and execute any documents that may be necessary to register with, and purchase work, supplies, equipment, or materials from the vendors herein. --00000-- - Page 2 of 3 Pages - 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: YES: COUNCIL MEMBER ARIAS,GONZALES,WEIR,SMITH, KOMAN, BASHIRTASH,KAUR NOES: COUNCIL MEMBER ABSTAIN: COUNCIL MEMBER ABSENT: COUNCIL MEMBER JULIE DRIMAKIS, MMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED By KAREN GOH Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By VIRGINIA GENNARO City Attorney - Page 3 of 3 Pages - • BAKERSFIELD ADMINISTRATIVE REPORT MEETING DATE: April 9,2025 AGENDA CATEGORY: CONSENT-Resolutions TO: Honorable Mayor and City Council FROM: Gregory Pronovost,Technology Services Director DATE: March 28, 2025 SUBJECT: Resolution to dispense with bidding for purchase of Dell workstations and equipment 1. Resolution to dispense with formal bidding procedures for the purchase of Dell workstations and equipment directly from Dell; and 2. Authorization to purchase Dell workstations and equipment from Dell in an amount not-to- exceed $500,000 RECOMMENDATION: Staff recommends approval of the resolution BACKGROUND: On September 25, 2024, the City Council passed a resolution to purchase technology equipment through cooperative procurement contracts with Dell, not to exceed$500,000.The City of Bakersfield Technology Services Department is approaching this pricing threshold.They wish to continue using these cooperative procurement contracts to purchase Dell workstations and equipment directly from the manufacturer to obtain competitive prices and the best value for the City's technology equipment needs. Historically, Technology Services has placed equipment out to bid. This process was time-consuming and slowed Technology Services' ability to respond to department requests, and Dell was regularly awarded the purchase based on lowest bid. Passing the original resolution in 2024 has aided the Technology Services Department in meeting the expectations and needs of the departments they support. Therefore, Technology Services requests that the Council authorize the Finance Director or his designee to dispense with bidding in accordance with section 3.20.060(D)(7)of the Bakersfield Municipal Code and to purchase Dell hardware directly from Dell pursuant to the terms and conditions of the State of California NASPO contract No. 23026 / 7-23-70-55-01 Amendment 1, in an amount not to exceed $500,000. FISCAL IMPACT: Funds for purchasing workstations and equipment are budgeted and covered in the Equipment Fund. COUNCIL GOAL: Innovative and Efficient City Government ATTACHMENTS: Resolution.pdf RESOLUTION NO. A RESOLUTION OF THE BAKERSFIELD CITY COUNCIL DISPENSING WITH FORMAL BIDDING PROCEDURES IN THE PURCHASE OF DELL HARDWARE AND AUTHORIZING THE USE OF COOPERATIVE PROCUREMENT CONTRACTS FOR THE PURCHASE OF DELL HARDWARE. WHEREAS, the City may enter into cooperative procurement contracts for work, supplies, equipment or materials without competitive bidding pursuant to Bakersfield Municipal Code Section 3.20.060(D)(7); and WHEREAS, prices offered through national cooperative procurement contracts are generally less expensive than the prices for work, supplies, the City is currently paying; and WHEREAS, purchasing work, supplies, equipment, or materials for the City through national cooperative procurement contracts is to the City's economic advantage and in the City's best interest; and WHEREAS, Bakersfield Municipal Code Section 3.20.060(D)(7) allows the City Council to determine by resolution to dispense with bidding procedures when a local vendor or company has successfully obtained a contract that was competitively awarded by another governmental agency either within the last thirty-six months or is one that is still active and valid as a participant in a cooperative procurement contract; and WHEREAS, the City desires to utilize a competitively awarded cooperative procurement contract for the purchase of Dell workstation equipment directly from Dell, to obtain competitive prices and the best value for the City's equipment needs; and WHEREAS, the process used to determine the vendors for the cooperative procurement contracts referenced herein substantially comply with the City's procurement process, including public advertisement for sealed bids and awards determined on the basis of best value. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows: - Page 1 of 4 Pages - 1. The above recitals are true and correct and are incorporated herein by reference. 2. The Council finds that the purchase of Dell workstation equipment is necessary for the City's use, and that it is in the best interests of the City, and to the City's economic advantage that such purchase be obtained at the lowest possible cost for the quality needed by entering into a city, county, state or federal government cooperative procurement contract. The Council finds that the purchase of Dell workstation equipment, in the types and quantities required by the City, is available from a company, Dell, which successfully obtained a contract that was competitively awarded by a governmental agency within the last thirty-six months and/or is still active and valid. 3. The Finance Director or his designee is authorized to dispense with bidding in accordance with section 3.20.060(D)(7) of the Bakersfield Municipal Code and to negotiate the purchase of Dell hardware. 4. The Finance Director or his designee is authorized to purchase Dell hardware from Dell pursuant to the terms and conditions of the State of California NASPO contract No. 23026/7-23-70-55-01 Amendment 1, as may be amended from time to time and including any options to renew that may be exercised by the parties. 5. That in the event certain work, supplies, equipment, or materials needed by the City are available through more than one of these cooperative procurement contracts and within the timeframe required by the City, the Finance Director or his designee shall purchase such work, supplies, equipment, or materials, from the vendor offering the lowest price. 6. That the Finance Director or designee is authorized to negotiate and execute any documents that may be necessary to register with, and purchase work, supplies, equipment, or materials from, the vendors herein. --00000-- - Page 2 of 4 Pages - 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: YES: COUNCIL MEMBER ARIAS,GONZALES,WEIR,SMITH, KOMAN,BASHIRTASH, KAUR NOES: COUNCIL MEMBER ABSTAIN: COUNCIL MEMBER ABSENT: COUNCIL MEMBER JULIE DRIMAKIS, MMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED By KAREN GOH Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By ASHLEY ZAMBRANO Deputy City Attorney - Page 3 of 4 Pages - S:\COUNCIL\Resos\23-24\Dell Resolution-Dispense w Bidding-CAO.docx - Page 4 of 4 Pages - • BAKERSFIELD ADMINISTRATIVE REPORT MEETING DATE: April 9,2025 AGENDA CATEGORY: CONSENT-Resolutions TO: Honorable Mayor and City Council FROM: Gregory Pronovost,Technology Services Director DATE: March 28, 2025 SUBJECT: Resolution to dispense with bidding for purchase of Dell storage hardware from The Drala Project, Inc. dba The Redesign Group 1. Resolution to dispense with formal bidding procedures in the purchase of Dell storage hardware and use of cooperative procurement contracts for the purchase of Dell storage equipment; and 2. Authorization to purchase Dell storage hardware and equipment from The Drala Project, Inc. dba The Redesign Group, Inc. in an amount not to exceed $600,000. RECOMMENDATION: Staff recommends approval of the resolution BACKGROUND: The Technology Services Department (TSD) has standardized the storage equipment using Dell hardware and systems for many years. TS regularly uses standard bidding procedures to purchase this equipment, and Dell, Inc. consistently comes in as the lowest bidder. This process adds weeks to the procurement process and causes delays in purchasing and providing new equipment to support city department projects requiring this equipment infrastructure maintenance. Dell now only sells its storage equipment through its resellers. Bakersfield Municipal Code Section 3.20.060(D)(7) allows the City Council to determine by resolution to dispense with bidding procedures when a local vendor or company has successfully obtained a contract that was competitively awarded by another governmental agency either within the last thirty-six months or is one that is still active and valid as a participant in a cooperative procurement contract. The Drala Project, Inc. dba The Redesign Group has entered into an agreement with the State of California authorizing all California local governments to procure products pursuant to the terms and conditions of the NASPO contract No. 7-23-70-5-01. Therefore, in accordance with Bakersfield Municipal Code Section 3.20.060(D)(7), and to streamline equipment procurement for the lowest cost and best value, Technology Services wishes to use cooperative procurement contracts for the purchase of Dell storage equipment from The Redesign Group. FISCAL IMPACT: Funds for this purchase are covered in the Equipment Fund COUNCIL GOAL: Innovative and Efficient City Government ATTACHMENTS: Resolution.pdf RESOLUTION NO. A RESOLUTION OF THE BAKERSFIELD CITY COUNCIL DISPENSING WITH FORMAL BIDDING PROCEDURES IN THE PURCHASE OF DELL STORAGE/SERVER EQUIPMENT AND AUTHORIZING THE USE OF COOPERATIVE PROCUREMENT CONTRACTS FOR THE PURCHASE OF DELL STORAGE/SERVER EQUIPMENT. WHEREAS, the City may enter into cooperative procurement contracts for work, supplies, equipment or materials without competitive bidding pursuant to Bakersfield Municipal Code Section 3.20.060(D)(7); and WHEREAS, prices offered through national cooperative procurement contracts are generally less expensive than the prices for work, supplies, the City is currently paying; and WHEREAS, purchasing work, supplies, equipment, or materials for the City through national cooperative procurement contracts is to the City's economic advantage and in the City's best interest; and WHEREAS, Bakersfield Municipal Code Section 3.20.060(D)(7) allows the City Council to determine by resolution to dispense with bidding procedures when a local vendor or company has successfully obtained a contract that was competitively awarded by another governmental agency either within the last thirty-six months or is one that is still active and valid as a participant in a cooperative procurement contract; and WHEREAS, the City desires to utilize a competitively awarded cooperative procurement contract for the purchase of Dell storage and server equipment from The Drala Project, Inc. dba The Redesign Group, in order to obtain competitive prices and best value for the City's equipment needs; and WHEREAS, the process used to determine the vendors for the cooperative procurement contracts referenced herein substantially comply with the City's procurement process, including public advertisement for sealed bids and awards determined on the basis of best value. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows: 1. The above recitals are true and correct and are incorporated herein by reference. 2. The Council finds that the purchase of Dell Storage/Server equipment is necessary for the City's use, and that it is in the best interests of the City, and to the City's economic advantage that such purchase be obtained at the lowest possible cost for the quality needed by entering into a city, county, state or federal government cooperative procurement contract. The Council finds that the purchase of Dell Storage/Server equipment, in the types and quantities required by the City, is available from a company, The Drala Project, Inc. dba The Redesign Group, which successfully obtained a contract that was competitively awarded by a governmental agency within the last thirty-six months and/or is still active and valid. As such, . 3. The Finance Director or his designee is authorized to dispense with bidding in accordance with section 3.20.060(D)(7) of the Bakersfield Municipal Code and to negotiate the purchase of Dell Storage/Server equipment. 4. The Finance Director or his designee is authorized to purchase Dell Storage/Server equipment from The Drala Project, Inc dba The Redesgin Group pursuant to the terms and conditions of the State of California NASPO contract No. PA7-23-70-55- 01, Dell contract No. 23026, as may be amended from time to time and including any options to renew that may be exercised by the parties. 5. That in the event certain work, supplies, equipment, or materials needed by the City are available through more than one of these cooperative procurement contracts and within the timeframe required by the City, the Finance Director or his designee shall purchase such work, supplies, equipment, or materials, from the vendor offering the lowest price. 6. That the Finance Director or designee is authorized to negotiate and execute any documents that may be necessary to register with, and purchase work, supplies, equipment, or materials from, the vendors herein. --00000-- 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: YES: COUNCIL MEMBER ARIAS,GONZALES,WEIR,SMITH, KOMAN,BASHIRTASH, KAUR NOES: COUNCIL MEMBER ABSTAIN: COUNCIL MEMBER ABSENT: COUNCIL MEMBER JULIE DRIMAKIS, MMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED By KAREN GOH Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By ASHLEY ZAMBRANO Deputy City Attorney II • BAKERSFIELD ADMINISTRATIVE REPORT MEETING DATE: April 9,2025 AGENDA CATEGORY: Consent-Resolutions TO: Honorable Mayor and City Council FROM: Randy McKeegan, Finance Director DATE: March 28, 2025 SUBJECT: Dispense with bidding for the purchase of a portable pump for the Water Resources Department. 1.Resolution determining that an Atlas Copco portable pump can most efficiently be obtained through cooperative procurement bidding procedures from Power Technique North America and authorizing the Finance Director to dispense with bidding for the purchase of one unit in the amount of$49,038. 2.Appropriate and transfer$34,038 River and Agriculture Water Fund balance to the Public Works Operating budget within the Equipment Management Fund. RECOMMENDATION: Staff recommend adoption of the resolution and approval of the appropriation to fund the purchase. BACKGROUND: This purchase of one Atlas Copco portable pump for the Water Resources Department will replace a unit that is more than 14 years old and past its useful life. The unit meets the criteria for replacement as determined by the Fleet Division.The unit will be replaced with a newer unit providing more efficiency. The City municipal code section 3.20.060(D)(6) allows the City to dispense with bidding when it is determined that the equipment is not available from local vendors and that it is in the best interests of the City, and to the City's economic advantage that such equipment be obtained at the lowest possible cost by entering into a cooperative procurement contract that was competitively bid within the last thirty- six months or is one that is still active and valid. Power Technique North America has entered into a competitive procurement contract with Sourcewell to offer discount pricing for their equipment. The delivering dealer will be Quinn Cat in Bakersfield, Ca. Staff recommend adoption of the Resolution to dispense with bidding for the purchase of one Atlas Copco portable pump from Quinn Cat in the amount of$49,038 for the Water Resources Department. FISCAL IMPACT: An appropriation and transfer in the amount of$34,038 River and Agriculture Water Fund balance to the Public Works Operating budget within the Equipment Management Fund will be necessary to complete the purchase. Council Goal: Innovative and Efficient City Government ATTACHMENTS: Resolution RESOLUTION NO. A RESOLUTION OF THE BAKERSFIELD CITY COUNCIL DISPENSING WITH FORMAL BIDDING PROCEDURES IN THE PURCHASE OF ONE ATLAS COPCO PORTABLE PUMP FROM QUINN CAT AND AUTHORIZING THE USE OF COOPERATIVE PROCUREMENT CONTRACTS FOR THE PURCHASE OF ONE UNIT. WHEREAS, the City may enter into cooperative procurement contracts for supplies, equipment or materials without competitive bidding pursuant to Bakersfield Municipal Code Section 3.20.060(D)(6); and WHEREAS, prices offered through national cooperative procurement contracts are generally less expensive than the prices for work, supplies, the City is currently paying; and WHEREAS, purchasing work, supplies, equipment, or materials for the City through national cooperative procurement contracts is to the City's economic advantage and in the City's best interests; and WHEREAS, Bakersfield Municipal Code Section 3.20.060(D)(6) allows the City to dispense with bidding procedures when it is determined that work, supplies, equipment or materials are not available from local vendors and that it is in the best interests of the city, and to the city's economic advantage that such work, supplies, equipment or materials be obtained at the lowest possible cost forthe quality needed by entering into a city, county, state orfederal government cooperative procurement contract that was competitively awarded by another governmental agency within the last 36 months or is one that is still current and active; and WHEREAS, the process used to determine the vendors for the cooperative procurement contracts herein substantially complies with the City's procurement process, including public advertisement for sealed bids and awards determined on the basis of best value. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows: 1 . The above recitals are true and correct and are incorporated herein by reference. - Page 1 of 3 Pages - 2. The Council finds that work, supplies, equipment or materials are not available from local vendors and that it is in the best interests of the city, and to the city's economic advantage that such work, supplies, equipment or materials be obtained at the lowest possible cost for the quality needed by entering into a city, county, state or federal government cooperative procurement contract that was competitively awarded by another governmental agency within the last 36 months or is one that is still current and active. 3. The Finance Director or his designee is authorized to dispense with bidding in accordance with section 3.20.060(D)(6) of the Bakersfield Municipal Code and to negotiate the purchase of same. 4. The Finance Director or his designee is authorized to purchase one Atlas Copco portable pump through Sourcewell pursuant to the terms and conditions of Contract No. 020923-PWT with Power Technique North America and may be amended from time to time and including any options to renew that may be exercised by Sourcewell. Quinn Cat, located in Bakersfield, CA, will be the authorized delivering dealer. 5. That the Finance Director or designee is authorized to negotiate and execute any documents that may be necessary to register with, and purchase work, supplies, equipment, or materials from the vendors herein. --00000-- - Page 2 of 3 Pages - 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: YES: COUNCIL MEMBER ARIAS,GONZALES,WEIR,SMITH, KOMAN, BASHIRTASH,KAUR NOES: COUNCIL MEMBER ABSTAIN: COUNCIL MEMBER ABSENT: COUNCIL MEMBER JULIE DRIMAKIS, MMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED By KAREN GOH Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By VIRGINIA GENNARO City Attorney - Page 3 of 3 Pages - • BAKERSFIELD ADMINISTRATIVE REPORT MEETING DATE: April 9,2025 AGENDA CATEGORY: Consent-Resolutions TO: Honorable Mayor and City Council FROM: Zachary Meyer, Public Works Director DATE: March 24, 2025 SUBJECT: Resolutions to add Areas 5-136,4-300,and 2-91 to the Consolidated Maintenance District and approving, confirming, and adopting the Public Works Director's Report for each: 1. Resolution adding Area 5-136 (1951 Madison Street): Street Tier=0; Park Tier=0 (Ward 1) 2. Resolution adding Area 4-300 (2001 Oak Street): Street Tier= 1.5; Park Tier= 1 (Ward 2) 3. Resolution adding Area 2-91 (4730 Armstrong Road): Street Tier= 1; Park Tier= 0(Ward 6) RECOMMENDATION: Staff recommends adopting the resolutions. BACKGROUND: On March 26, 2025, the City Council adopted Resolution of Intention No. 2226, 2227, and 2228 to add Areas 5-136, 4-300, and 2-91 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 is not prohibited by Proposition 218. The City of Bakersfield has received letters from the owners 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 owners also have submitted a Proposition 218 ballot indicating consent to the assessment. 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-Recorder's Office upon approval of this resolution. FISCAL IMPACT: The revenue from Maintenance District assessments partially supports ongoing maintenance in the districts for the year.There is some General Fund support on an annual basis for the shortfall in the CMD revenue collected city-wide. COUNCIL GOAL: Reliable Infrastructure • BAKERSFIELD ATTACHMENTS: 1. Resolution adding area 5-136 to the CMD 2. MD 5-136 Exhibit 1-H 3. Resolution adding area 4-300 to the CMD 4. MD 4-300 Exhibit 1-H 5. Resolution adding area 2-91 to the CMD 6. MD 2-91 Exhibit 1-H RESOLUTION NO. A RESOLUTION ADDING TERRITORY, AREA 5-136 (1951 MADISON 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 5-136 (1951 Madison Street) generally described in Exhibit ''A'' attached hereto, to the CMD, in order to maintain local improvements including street landscaping and/or a public park; and WHEREAS, the City Council of the City of Bakersfield, State of California, heretofore by Resolution of Intention No. 2226 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 Page 1 of 4 of the benefit formula, and the amount of assessment to be levied against each parcel. Said additional territory shall be designated Area 5-136, as shown and designated on that certain map entitled "Map and Assessment Diagram for Addition of Territory, Area 5-136 (1951 Madison 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 5-136 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 at an amount not to exceed the amount established in Resolution No. 019-05 per equivalent dwelling unit per year. In each subsequent year, annual assessments may increase by the cost of living reflected in the Los Angeles - Long Beach - Anaheim /All Urban Consumers Consumer Price Index. 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 "H") are attached hereto. 5. The Kern County Tax Collector is hereby authorized to collect such assessments. 6. Beginning in the 2024-2025 fiscal year and each fiscal year thereafter, the Public Works Director is hereby directed to prepare an annual report, as provided in Chapter 13.04 of the Bakersfield Municipal Code, and file it with the City Clerk within the time allowed for placement of assessments on the County tax rolls for the applicable fiscal year. Upon filing of the annual report, the Page 2 of 4 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. HEREBY CERTIFY that the foregoing Resolution was passed and adopted, by the Council of the City of Bakersfield at a regular meeting thereof held on by the following vote: AYES: COUNCILMEMBER ARIAS,GOZALES,WEIR,SMITH, KOMAN, BASHIRTASH, KAUR NOES: COUNCILMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER JULIE DRIMAKIS, MMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED: By KAREN GOH Mayor APPROVED AS TO FORM: VIRGINIA GENNARO, CITY ATTORNEY By VIRIDIANA GALLARDO-KING Deputy City Attorney Page 3 of 4 Attachments: Exhibit ''C'' Exhibit ''G'' Exhibit "1 " Exhibit ''Y Exhibit ''H'' Exhibit "A" Exhibit ''E'' Exhibit "B" Exhibit "F" Page 4 of 4 PUBLIC WORKS DIRECTOR'S REPORT ADDITION OF TERRITORY, AREA 5-136 Fiscal Year 2024-2025 Addition of territory to the Consolidated Maintenance District, as shown in Exhibit ''A'' is described as 1951 Madison 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 within parks now existing or hereafter to be constructed or planted in and for said area and are of a public nature. The assessment includes the cost of necessary repairs, replacement, water, electricity, care, supervision and all other items necessary for the proper maintenance and operation thereof, and all additions and improvements thereto which may hereafter be made. For many years, public parks, public hardscaped and/or landscaped street median and other public street landscaping improvements in the City were maintained through traditional tax revenues. After Proposition 13, in 1978, funds available for maintenance and operation of parks, hardscaping and/or landscaping street median and other street landscaping improvements were substantially reduced. At present, the City's budget does not allow for maintenance and operation of park and street landscaping improvements of the type described above. Thus, without funds for maintenance and operating costs from a source other than general tax revenues, the City does not permit new public parks, hardscaping and/or landscaping street median and other street landscaping improvements to be constructed within the City. Additional territory, as shown in Exhibit "B" is being added to the Consolidated Maintenance District for the maintenance of a park and public hardscaping and/or landscaping street median and other street landscaping. The area will be assigned appropriate park and street tiers in the Consolidated Maintenance District so that each parcel will be assessed the same amount as other parcels receiving a similar benefit. All parcels within this area shall be assessed an amount not to exceed that established in Resolution No. 019-05 per equivalent dwelling unit (as that term is defined in Exhibit "C") per parcel. In each subsequent year, annual assessments may increase by the cost of living reflected in the Los Angeles-Long Beach-Anaheim/All Urban Consumers Consumer Price EXHIBIT 1 Index. However, parcels will not be assessed until parka nd/or street landscaping and/or hard- scaping median improvements have been installed. When park and/or street landscape and/or hard-scaping median improvements have been completed, the appropriate park and street tier levels will be assigned, but in no case shall the assessments exceed the amount established in Resolution No. 019-05 as escalated by the above-described Consumer Price Index. All parcels as described in the Benefit Formula on file with the City Clerk within the area will be affected. Sensory benefits from installing street landscaping and/or hardscaping median improvements are aesthetic enhancement and open space enjoyment. A public park will benefit all the residential lots and public median, and street landscaping will benefit all the lots or parcels and will be assessed on an Equivalent Dwelling Unit basis throughout the area. The Benefit Formula is set forth herein as Exhibit ''C'' and attached hereto and incorporated in this resolution as though fully set forth herein. NOW THEREFORE, I, ZACHARY MEYER, 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 2024-2025 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: ZACHARY MEYER Public Works Director City of Bakersfield EXHIBIT 1 LEGAL DESCRIPTION Area 5-136 An area located in Section 8, Township 30, Range 28 M.D.B. & M., more particularly described as follows: Grading Permit 24-40000013 1951 Madison Street Bakersfield California Containing: 0.91 Acres, more or less. EXHIBIT A MAP AND ASSESSMENT DIAGRAM FOR ADDITION OF TERRITORY (AREA 5-136) TO T HE CONSOLIDATED MIAIINTE,NACE DISTRICT BAKERSFIELD , C.AlAFORNIA III lu 17011102 MD 011 5-136 III ful IIII lul ful VI ............ 388 ft 0 40 80 160 240 EXHIBIT' "'B"' Feet FILE:MID 5-136 SHEET 1 of I N p—)by lh Oly of&k-fW4(A,&rpm,mmm-f Wm uOwgy CpN,Vh,Iff—b- A hl�MA' ,'ub T-Cily V Q�fivld 00 A,g.—k—N8,d6g�M—Y O'd,—p. R,diplay p"'p—C�nI,ytd W�!, w4a'.."JJ d....... 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 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 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 Commercial/ Industrial/Mixed Use: 6 EDU per gross acre R-S-1 OA 0.1 Agricultural: 1 EDU per gross acre EXHIBIT C MAINTENANCE DISTRICT AREA 5-136 Said assessment is made in accordance with the benefit formula attached hereto. 2024-2025 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 5-136 ASSESSMENT ROLL FISCAL YEAR 2024-2025 Assessor's Tax No. Total amount to be collected for FY (2024-2025) 170-1 1 1-02-00-5 $0.00 0 $0.00 0 $0.00 Total $0.00 EXHIBIT E RECORDING REQUESTED BY AND FOR THE BENEFIT OF THE CITY OF BAKERSFIELD WHEN RECORDED MAIL TO: CITY CLERKS OFFICE CITY HALL 1600 TRUXTUN AVE. BAKERSFIELD, CA 93301 MD 5-136 No recording fee required:exempt pursuant to THIS SPACE FOR RECORDER'S USE ONLY Government Code Section 27383 Government agency acquiring title—exempt from Documentary Transfer Tax per R&T Code 11922 GC 27388.1(a)(1):Recorded document is expressly exempted from payment of recording fees(FBO)Govt.agency) Existing Legal: See Attached Exhibit'B' Map or Project Number: Grading Permit#24-40000013 ATN(s): 170-111-02-00-5 COVENANT DISCLOSING INCLUSION IN MAINTENANCE DISTRICT THIS COVENANT is executed on by Dinora Martinez, a single woman, in Bakersfield,herein after referred to as("Owner"), in connection with the Consolidated Maintenance District, located in the City of Bakersfield, CA. The real property herein described is located within the Consolidated Maintenance District and may be assessed on an ongoing,yearly basis for maintenance of a public park and landscaping on public rights-of way within the district. The appropriate Street and Park Tiers will be assigned by the Parks and Recreation Department. Assessment is imposed in accordance with California Proposition 218 with the Consent of the Majority Property Owner(s)as can be seen on the ballot cast and attached as Exhibit'A'. Although this property may have been assessed a lesser amount in the present tax year, the ultimate estimated annual assessment for maintenance of a public park and public landscaping based on full build out of this district, is $272.75 per equivalent dwelling unit, based on fiscal year 2024-2025 dollars and labor costs of the district. In each subsequent year, annual assessments may increase by the cost of living reflected in the Los Angeles - Riverside - Orange County / All Urban Consumers Consumer Price Index. (See Bakersfield City Council Resolution No. 019-05.) This covenant may not be amended or modified without the prior approval of the City of Bakersfield. This covenant shall run with the land. Dated This: Owner(s)/Developer(s): City of Bakersfield: —1-ool, Dinora Martinei, a single Oman ary Meyer ic Works Direct or tnr Owner Z"Public Works Director EXHIBIT F NOTE: All owner(s)/developer(s)signatures must be notarized. 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 1-4 ) On re1�N.a�n/ ��i before me, ESPP-Mn Za f4u ck-q,I'"s6r► /� (insert name and title of the officer) personally appeared tV1�v f' (p�r'"�l YI.Q who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)(aare 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/ter/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. ESPERANZAHUTCHEMN Notary Pubtic•California Kern County Commission#2345918 My Comm.Expires Mar 6,2026 Signature (Seal) EXHIBIT F EXHIBIT"B" Legal Description BEING THE WEST 120 FEET OF THE EAST 320 FEET OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 8,TOWNSHIP 30 SOUTH, RANGE 28 EAST, M.D.B.M. APN: 170-111-02 EXHIBIT F Exhibit 'A' to the Covenant Disclosing Inclusion in a Maintenance District. PROPOSITION 218 BALLOT CITY OF BAKERSFIELD CONSOLIDATED MAINTENANCE DISTRICT This assessment ballot is for the use of the property owner of the parcel(s) identified below, which are proposed to be included in the City of Bakersfield Consolidated Maintenance District (CMD). This assessment ballot may be used to express either support for or opposition to inclusion within the CMD. To be counted, this assessment ballot must be signed below by the owner or, if the owner is not an individual, by an authorized representative of the owner. [TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE] OFFICIAL ASSESSMENT BALLOT Property Owner: Dinora Martinez, a single woman Property description: 1951 Madison Street/ATN: 170-111-02-00-5 (Address&1or A TN(s)) The individual annual assessments for fiscal year 2024-2025 shall not exceed,$272.75 per equivalent dwelling unit plus any costs incurred by the City from the County Assessor's office for adding parcels to the Tax Roll. NOTE: In each subsequent year, annual assessments may increase by the cost of living reflected in the Los Angeles—Riverside—Orange County/All Urban Consumers Consumer Price Index. ASSESSMENT BALLOT MEASURE Shall the City Council of the City of Bakersfield include the above described ✓Yes property within the Consolidated Maintenance District and levy an assessment not to exceed 0 No the amount set forth above? Owner Signature: Dianora Martinez Title (if representing owner): Date: Z /�/ 7— S— EXHIBIT G Inclusion of a Subdivision into the Consolidated Maintenance District City of Bakersfield - Public Works Department Attn: Manpreet S. Behl 1600 Truxtun Avenue Bakersfield, California 93301 Dear Mr. Behl: RE: Inclusion of Grading Permit# 24-40000013 (1951 Madison Street) in a Consolidated Maintenance District (CMD) (MD 5-136) We, the undersigned, as owners of the property included within Grading Permit#24- 40000013 (1951 Madison Street) hereby request that the property be included within the CMD (MD 5-136). This request is in accordance with the requirements of Bakersfield Municipal Code Section 13.04.021. Enclosed is a check for $1,069.00 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 (MD 5-136) 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, 14- Dinora Martinez Owner 2= Date EXHIBIT H RESOLUTION NO. A RESOLUTION ADDING TERRITORY, AREA 4-300 (2001 OAK 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 2) WHEREAS, the Public Works Director has filed with the City Clerk the Public Works Director's Report, including a budget, assessment formula, improvements to be maintained by the district, description of property and proposed assessments; and WHEREAS, Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield provides for a procedure by which the City Council may provide for the payment of the whole or any part of the costs and expenses of maintaining and operating any public improvements which are local in nature, from annual benefit assessments apportioned among the lots or parcels of property within the established Consolidated Maintenance District ("CMD"). The assessments to be placed on parcels within this district area reflect that portion of the cost of maintenance of a public park and public street landscaping (''special benefit'') above and beyond the basic cost of maintenance of a public park and public street landscaping throughout the City (''general benefit"); and WHEREAS, as set forth in the attached Public Works Director's Report (Exhibit 1), the property within this new area reflects that portion of the cost of maintenance of public street landscaping and/or a public park, based on the location of said improvements in or near said area, above and beyond the general benefit of parcels within the City that are not part of the CMD. Each parcel within this area will be assessed its proportionate share of special benefit based on its zoning and size. WHEREAS, it is the intention of the City Council of the City of Bakersfield to add Area 4-300 (2001 Oak Street) generally described in Exhibit ''A'' attached hereto, to the CMD, in order to maintain local improvements including street landscaping and/or a public park; and WHEREAS, the City Council of the City of Bakersfield, State of California, heretofore by Resolution of Intention No. 2227 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 Page 1 of 4 of the benefit formula, and the amount of assessment to be levied against each parcel. Said additional territory shall be designated Area 4-300, as shown and designated on that certain map entitled "Map and Assessment Diagram for Addition of Territory, Area 4-300 (2001 Oak 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 4-300 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 at an amount not to exceed the amount established in Resolution No. 019-05 per equivalent dwelling unit per year. In each subsequent year, annual assessments may increase by the cost of living reflected in the Los Angeles - Long Beach - Anaheim /All Urban Consumers Consumer Price Index. 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 "H") are attached hereto. 5. The Kern County Tax Collector is hereby authorized to collect such assessments. 6. Beginning in the 2024-2025 fiscal year and each fiscal year thereafter, the Public Works Director is hereby directed to prepare an annual report, as provided in Chapter 13.04 of the Bakersfield Municipal Code, and file it with the City Clerk within the time allowed for placement of assessments on the County tax rolls for the applicable fiscal year. Upon filing of the annual report, the Page 2 of 4 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. HEREBY CERTIFY that the foregoing Resolution was passed and adopted, by the Council of the City of Bakersfield at a regular meeting thereof held on by the following vote: AYES: COUNCILMEMBER ARIAS,GOZALES,WEIR,SMITH, KOMAN, BASHIRTASH, KAUR NOES: COUNCILMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER JULIE DRIMAKIS, MMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED: By KAREN GOH Mayor APPROVED AS TO FORM: VIRGINIA GENNARO, CITY ATTORNEY By VIRIDIANA GALLARDO-KING Deputy City Attorney Page 3 of 4 Attachments: Exhibit ''C'' Exhibit ''G'' Exhibit "1 " Exhibit ''Y Exhibit ''H'' Exhibit "A" Exhibit ''E'' Exhibit "B" Exhibit "F" Page 4 of 4 PUBLIC WORKS DIRECTOR'S REPORT ADDITION OF TERRITORY, AREA 4-300 Fiscal Year 2024-2025 Addition of territory to the Consolidated Maintenance District, as shown in Exhibit ''A'' is described as 2001 Oak 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 within parks now existing or hereafter to be constructed or planted in and for said area and are of a public nature. The assessment includes the cost of necessary repairs, replacement, water, electricity, care, supervision and all other items necessary for the proper maintenance and operation thereof, and all additions and improvements thereto which may hereafter be made. For many years, public parks, public hardscaped and/or landscaped street median and other public street landscaping improvements in the City were maintained through traditional tax revenues. After Proposition 13, in 1978, funds available for maintenance and operation of parks, hardscaping and/or landscaping street median and other street landscaping improvements were substantially reduced. At present, the City's budget does not allow for maintenance and operation of park and street landscaping improvements of the type described above. Thus, without funds for maintenance and operating costs from a source other than general tax revenues, the City does not permit new public parks, hardscaping and/or landscaping street median and other street landscaping improvements to be constructed within the City. Additional territory, as shown in Exhibit "B" is being added to the Consolidated Maintenance District for the maintenance of a park and public hardscaping and/or landscaping street median and other street landscaping. The area will be assigned appropriate park and street tiers in the Consolidated Maintenance District so that each parcel will be assessed the same amount as other parcels receiving a similar benefit. All parcels within this area shall be assessed an amount not to exceed that established in Resolution No. 019-05 per equivalent dwelling unit (as that term is defined in Exhibit "C") per parcel. In each subsequent year, annual assessments may increase by the cost of living reflected in the Los Angeles-Long Beach-Anaheim/All Urban Consumers Consumer Price EXHIBIT 1 Index. However, parcels will not be assessed until parka nd/or street landscaping and/or hard- scaping median improvements have been installed. When park and/or street landscape and/or hard-scaping median improvements have been completed, the appropriate park and street tier levels will be assigned, but in no case shall the assessments exceed the amount established in Resolution No. 019-05 as escalated by the above-described Consumer Price Index. All parcels as described in the Benefit Formula on file with the City Clerk within the area will be affected. Sensory benefits from installing street landscaping and/or hardscaping median improvements are aesthetic enhancement and open space enjoyment. A public park will benefit all the residential lots and public median, and street landscaping will benefit all the lots or parcels and will be assessed on an Equivalent Dwelling Unit basis throughout the area. The Benefit Formula is set forth herein as Exhibit ''C'' and attached hereto and incorporated in this resolution as though fully set forth herein. NOW THEREFORE, I, ZACHARY MEYER, 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 2024-2025 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: ZACHARY MEYER Public Works Director City of Bakersfield EXHIBIT 1 LEGAL DESCRIPTION Area 4-300 An area located in Section 26, Township 29, Range 27 M.D.B. & M., more particularly described as follows: Grading Permit 24-40000008 2001 Oak Street Bakersfield California Containing: 10.3 Acres, more or less. EXHIBIT A EXHIBIT A MAP AND ASSESSMENT DIAGRAM FOR ADDITION OF TERRITORY (AREA 4-300) TO TH E CONSOLIDATED MIAIINTE,NACE DISTRICT BAKERSFIELD , C.AtAFORNIA to VI lif 33222220 4"'W:vv" pwwwm:mmm,v MD 4-3100 IV 3111111 W, mr,W lNlk,swww,"Wr, mm'su%im I II N ------------------------------------ COE =":Illllllllc W"" II ............. m 11 )P� 0 75 15,0 300 450 mff=mff==�� EXHIBIT' "'B"' �Feet FILE:AD 4.300 SHEET 1 of I N p—1 by h,Oly of&k-fW4(A,Flrp,mmd C�Nlrpfi,l,ff—.- A hl�MA�,'ubtTim.Ciy VQ�fivld ,,,=1. A,g.—k.N,rd6g�M—,.Y&Ifi,l.p Tl,,0,,�;.dR,diplay p"'p—Cn,yd Wl!,." w4a'.."JJ d....... 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 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 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 Commercial/ Industrial/Mixed Use: 6 EDU per gross acre R-S-1 OA 0.1 Agricultural: 1 EDU per gross acre EXHIBIT C MAINTENANCE DISTRICT AREA 4-300 Said assessment is made in accordance with the benefit formula attached hereto. 2024-2025 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 4-300 ASSESSMENT ROLL FISCAL YEAR 2024-2025 Assessor's Tax No. Total amount to be collected for FY (2024-2025) 332-222-20-00-6 $0.00 0 $0.00 0 $0.00 Total $0.00 EXHIBIT E RECORDING REQUESTED eY AND FOR THE BENEFIT OF THE CITY OrBAnenSF|ELo WHEN RECORDED MAIL TO: CITY CLERKS OFFICE CITY HALL 1GOOTRUXTUNAVE. BANERSF|ELD. CAg33U1 MD 4-300 THIS SPACE FOR RECORDER'S USE ONLY wn recording fee required:exempt pursuant m Government Code Section 2738n Government agency m tiUe-evempthnm Documentary Transfer Tax per R8T Code 11oo2 GCu7o8D.1(o)(1): Recorded document|oexpressly exempted from payment of recording fees(paO)Govtagency) Existing Legal: Parcel A of Parcel Map 3673 Map or Project Nonmber: ATN( ) COVENANT DISCLOSING INCLUSION IN MAINTENANCE DISTRICT _ THIS C0VBN/\N7` is executed on by Burke/Westwind Properties, LP., a California Limited Partnership, in Bakersfield, herein' after referred tn as ("Owner"), in connection with the Consolidated Maintenance District, located in the City ofQukcofic]d, CA. The real property herein described is located within the Consolidated Maintenance District and may be assessed on an ongoing,yearly basis for maintenance of a public park and landscaping on public rights-of way vvdhio the district. The appropriate Street and Park Tiers will be assigned by the Parks and Recreation Department. &oeomameot is imposed in accordance with California Proposition 2l0 with the Consent ofthe Majority Property Owner(s)as can be seen on the ballot cast and attached as Exhibit'A'. Although this property may have been aoaouaed a lesser amount in the present tax year, the ultimate eudnou1ud onouu\ assessment for maintenance ofupublic park and public landscaping based on full build out of this district, is $272.75 per equivalent dwelling unit, based on fiscal year 2024-2025 dollars and labor costs of the district. In each subsequent year, annual assessments may increase by the cost of living reflected in the Los &ngc\co - Riverside - Orange County / AU Urban Consumers Consumer Price Index. (Soo Bakersfield City Council Resolution No. 019-05.) This covenant may not be amended or modified without the prior approval of the City ofQukerefie\d. This covenant shall run with the land. ^� Dated This:. Burkc/Weubvind Properties, LP., a City oƒBukormfic|d: California Limited Partnership r6UMA��_ 1 4U-4.1 �- Daniel G. Hay, Partner achary Meyer— Public Works Director Michele ay, Paq!l�_rj EXHIBIT NOTE: m � |nwm� syuw"w/vpor(s)sienvtvmmmuotuwnma,/oau. ,NOTARY'S STATEMENT A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS STATE OF „ 15 CERTIFICATE VERIFIES ONLY THE IDENTITY OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS COUNTY OF "` CERTIFICATE IS ATTACHED,AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THE DOCUMENT. ON Pk�-('ff'V BEFORE ME, a °I A NOTARY PUBLIC, PERSO ALL APPEARED " 1 WHO PROVED TO VI ( )W ME ON THE BASIS OF SATISFACTORY EDENC TO BE THE PERSONHOSE NAMES) 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 D OFFICIAL SIGNATURE PRINTED NAME MY COMMISSION IS IN THE COUNTY OF MY COMMISSION I.D. NO. MY COMMISIION EXPIRES: ir`irMw.Ar ' y SHAWN PAK-IAIN u' s Notary Public-Cadcr-iia Kern County Commission K 2456579 Comm. Expires Aig t.2027 nor■ruwwe EXHIBIT F Exhibit 'A' to the Covenant Disclosing Inclusion in a Maintenance District. PROPOSITION 218 BALLOT CITY OF BAKERSFIELD CONSOLIDATED MAINTENANCE DISTRICT This assessment ballot is for the use of the property owner of the parcel(s) identified below, which are proposed to be included in the City of Bakersfield Consolidated Maintenance District (CMD). This assessment ballot may be used to express either support for or opposition to inclusion within the CMD. To be counted, this assessment ballot must be signed below by the owner or, if the owner is not an individual, by an authorized representative of the owner. [TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE] OFFICIAL ASSESSMENT BALLOT Property Owner: Burke/ Westwind Properties, LP., a California Limited Partnership Property description: 2001 Oak Street/ATN: 332-222-20-00-6 (Address&1or A TN(s)) The individual annual assessments for fiscal year 2024-2025 shall not exceed$272.75 per equivalent dwelling unit plus any costs incurred by the City from the County Assessor's office for adding parcels to the Tax Roll. NOTE: In each subsequent year, annual assessments may increase by the cost of living reflected in the Los Angeles—Riverside—Orange County/All Urban Consumers Consumer Price Index. ASSESSMENT BALLOT MEASURE Shall the City Council of the City of Bakersfield include the above described V Yes property within the Consolidated Maintenance District and levy an assessment not to exceed 0 No the amount set forth above? Owner Signature: Daniel G. a d Michele Hay c-s,JL P.Title (if representing owner): rtit Date: EXHIBIT G Inclusion of a Subdivision into the Consolidated Maintenance District City of Bakersfield - Public Works Department Attn: Manpreet S. Behl 1600 Truxtun Avenue Bakersfield, California 93301 Dear Mr. Behl: RE: Inclusion of GP-24-0008 (2001 Oak Street) in a Consolidated Maintenance District (CMD) (MD 4-300) We, the undersigned, as owners of the property included within GP-24-0008 (2001 Oak Street) hereby request that the property be included within the CMD (MD 4- 300). This request is in accordance with the requirements of Bakersfield Municipal Code Section 13.04.021. Enclosed is a check for $1,069.00 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 (MD 4-300) 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, Burke /Westwind Properties, LP., a California Limited Partnership Daniel G. Hay Partner Date Michele Hay Partner L Date EXHIBIT H RESOLUTION NO. A RESOLUTION ADDING TERRITORY, AREA 2-91 (4730 ARMSTRONG 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 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 2-91 (4730 Armstrong Road) generally described in Exhibit ''A'' attached hereto, to the CMD, in order to maintain local improvements including street landscaping and/or a public park; and WHEREAS, the City Council of the City of Bakersfield, State of California, heretofore by Resolution of Intention No. 2228 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 Page 1 of 4 of the benefit formula, and the amount of assessment to be levied against each parcel. Said additional territory shall be designated Area 2-91 , as shown and designated on that certain map entitled "Map and Assessment Diagram for Addition of Territory, Area 2-91 (4730 Armstrong 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 2-91 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 at an amount not to exceed the amount established in Resolution No. 019-05 per equivalent dwelling unit per year. In each subsequent year, annual assessments may increase by the cost of living reflected in the Los Angeles - Long Beach - Anaheim /All Urban Consumers Consumer Price Index. 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 "H") are attached hereto. 5. The Kern County Tax Collector is hereby authorized to collect such assessments. 6. Beginning in the 2024-2025 fiscal year and each fiscal year thereafter, the Public Works Director is hereby directed to prepare an annual report, as provided in Chapter 13.04 of the Bakersfield Municipal Code, and file it with the City Clerk within the time allowed for placement of assessments on the County tax rolls for the applicable fiscal year. Upon filing of the annual report, the Page 2 of 4 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. HEREBY CERTIFY that the foregoing Resolution was passed and adopted, by the Council of the City of Bakersfield at a regular meeting thereof held on by the following vote: AYES: COUNCILMEMBER ARIAS,GOZALES,WEIR,SMITH, KOMAN, BASHIRTASH, KAUR NOES: COUNCILMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER JULIE DRIMAKIS, MMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED: By KAREN GOH Mayor APPROVED AS TO FORM: VIRGINIA GENNARO, CITY ATTORNEY By VIRIDIANA GALLARDO-KING Deputy City Attorney Page 3 of 4 Attachments: Exhibit ''C'' Exhibit ''G'' Exhibit "1 " Exhibit ''Y Exhibit ''H'' Exhibit "A" Exhibit ''E'' Exhibit "B" Exhibit "F" Page 4 of 4 PUBLIC WORKS DIRECTOR'S REPORT ADDITION OF TERRITORY, AREA 2-91 Fiscal Year 2024-2025 Addition of territory to the Consolidated Maintenance District, as shown in Exhibit ''A'' is described as 4730 Armstrong 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 within parks now existing or hereafter to be constructed or planted in and for said area and are of a public nature. The assessment includes the cost of necessary repairs, replacement, water, electricity, care, supervision and all other items necessary for the proper maintenance and operation thereof, and all additions and improvements thereto which may hereafter be made. For many years, public parks, public hardscaped and/or landscaped street median and other public street landscaping improvements in the City were maintained through traditional tax revenues. After Proposition 13, in 1978, funds available for maintenance and operation of parks, hardscaping and/or landscaping street median and other street landscaping improvements were substantially reduced. At present, the City's budget does not allow for maintenance and operation of park and street landscaping improvements of the type described above. Thus, without funds for maintenance and operating costs from a source other than general tax revenues, the City does not permit new public parks, hardscaping and/or landscaping street median and other street landscaping improvements to be constructed within the City. Additional territory, as shown in Exhibit "B" is being added to the Consolidated Maintenance District for the maintenance of a park and public hardscaping and/or landscaping street median and other street landscaping. The area will be assigned appropriate park and street tiers in the Consolidated Maintenance District so that each parcel will be assessed the same amount as other parcels receiving a similar benefit. All parcels within this area shall be assessed an amount not to exceed that established in Resolution No. 019-05 per equivalent dwelling unit (as that term is defined in Exhibit "C") per parcel. In each subsequent year, annual assessments may increase by the cost of living reflected in the Los Angeles-Long Beach-Anaheim/All Urban Consumers Consumer Price EXHIBIT 1 Index. However, parcels will not be assessed until parka nd/or street landscaping and/or hard- scaping median improvements have been installed. When park and/or street landscape and/or hard-scaping median improvements have been completed, the appropriate park and street tier levels will be assigned, but in no case shall the assessments exceed the amount established in Resolution No. 019-05 as escalated by the above-described Consumer Price Index. All parcels as described in the Benefit Formula on file with the City Clerk within the area will be affected. Sensory benefits from installing street landscaping and/or hardscaping median improvements are aesthetic enhancement and open space enjoyment. A public park will benefit all the residential lots and public median, and street landscaping will benefit all the lots or parcels and will be assessed on an Equivalent Dwelling Unit basis throughout the area. The Benefit Formula is set forth herein as Exhibit ''C'' and attached hereto and incorporated in this resolution as though fully set forth herein. NOW THEREFORE, I, ZACHARY MEYER, 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 2024-2025 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: ZACHARY MEYER Public Works Director City of Bakersfield EXHIBIT 1 LEGAL DESCRIPTION Area 2-91 An area located in Section 15, Township 30, Range 27 M.D.B. & M., more particularly described as follows: GP GP-24-0027 4730 Armstrong Road Bakersfield California Containing: 2.38 Acres, more or less. EXHIBIT A EXHIBIT A MAP AND ASSESSMENT DIAGRAM FOR ADDITION OF TERRITORY (AREA 2-91 ), TO THE CONSOLIDATED MIAIINTE,NACE DISTRICT BAKERSFIELD , C.AfAFORNIA jg,,Ajjj: �VWMAW WM"VU-NrW,jo,,W:11111IIM"W.w 31111UNK'No m W,m w W,a" III If � -91 M�D, 2 III 38436003 Asl)haftU/SLM$Ct BlIanch 0 50 100 200 300 EXHIBIT' "'B"' Feet FILE:AD ZI-91 SHEET 1 of I N p—)by h,01yf&k-fW4(A,Flrp,mmm-f K�0�.jy S--,CpNrpfi,hf—.- A hl�MA�,'��b T-Cily V Q�fivld ,,,=1. A,g.—k.,,N1rd6g�M—,.y&Ifid,11.p. R�,diplay p"'p—C�nI,ytd W�!, w4a'.."JJ d....... 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 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 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 Commercial/ Industrial/Mixed Use: 6 EDU per gross acre R-S-1 OA 0.1 Agricultural: 1 EDU per gross acre EXHIBIT C MAINTENANCE DISTRICT AREA 2-91 Said assessment is made in accordance with the benefit formula attached hereto. 2024-2025 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 2-91 ASSESSMENT ROLL FISCAL YEAR 2024-2025 Assessor's Tax No. Total amount to be collected for FY (2024-2025) 384-360-03-00-3 $0.00 0 $0.00 0 $0.00 Total $0.00 EXHIBIT E RECORDING REQUESTED Bv AND FOR THE BENEFIT OF THE CITY OFoxxeRGp|ELo WHEN RECORDED MAIL TO: CITY CLERKS OFFICE CITY HALL 1GOOTRUXTUNAVE. BAKERGF|ELD. CAS33O1 MD 2-91 THIS SPACE FOR RECORDER'S USE ONLY mo recording fee required:exempt pursuant m Government Code Section c7uon Government agency mnguno-exemptonm Documentary Transfer Tax per R&T Code 11Vzc GCu73o8./(a)(1): Recorded document iuexpressly exempted from payment nf recording fees(pB0)Govt.agency) Existing Legal: Parcel 1 of Parcel May 612 Map wnProject Number: A1[N(m); 384-360-03-00-3 COVENANT DISCLOSING INCLUSION IN MAINTENANCE DISTRICT THIS COVENANT is executed on VJ 4� by Martini CJS Properties, LP, a California Limited Partner�h�i , in Bakersfield, h�rcio/after referred to as ("Owner"), in connection with the Consolidated Maintenance District, located iu the City of Bakersfield,CA. The real property herein described is located within the Consolidated Maintenance District and may be assessed on an ongoing, yearly basis for maintenance of a public park and landscaping on public rights-of way within the district. The appropriate Street and Puck Tiers will he assigned by the Parks and Recreation Department. &aouaauoent is imposed in accordance with California Proposition 218 with the Consent of the Majority Property Owner(s)as can be seen on the ballot cast and attached as Exhibit'A'. Although this property may have been aeaeouod u |euaermoount in the present tax year, the ultimate estimated annual assessment for maintenance ofu public park and public landscaping based oufull build out of this district, is $272.75 per equivalent dwelling unit, based on fiscal year 2024-2025 dollars and labor costs of the district. In each subsequent year, annual assessments may increase by the cost of living reflected in the Los /\ngc|ea - Riverside - Orange County / /\O Urban C000mnco Consumer Price Index. (Ben Bakersfield City Council Resolution No. 019-85.) This covenant may not be amended ormodified without the prior approval of the City ofBakersfield. This covenant shall run with the land. Dated This: jO&F Martini C]S Properties, LP,uCalifornia City ofBakcofic|d: Limited Partnership Manager ~-- Pub|iCVV�rk� Director EXHIBIT moTe All vvnwr(u)mv"w|oper(s)signatures must uenotarized. 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 STANISLAUS ) On 1'j2 before me, ARMANDO RAYA, NOTARY PUBLIC (insert name and title of the officer) 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. ARMANDO RAYA WITNESS my hand and official seal. mtl NotaryPublic-California 3 o Stanislaus County Commission#2419693 t M Comm.Ex fires Oct 7,2026 SignatureZ (Seal) EXHIBIT F Exhibit 'A' to the Covenant Disclosing Inclusion in a Maintenance'District. PROPOSITION 218 BALLOT CITY OF BAKERSFIELD CONSOLIDATED MAINTENANCE DISTRICT This assessment ballot is for the use of the property owner of the parcel(s) identified below, which are proposed to be included in the City of Bakersfield Consolidated Maintenance District (CMD). This assessment ballot may be used to express either support for or opposition to inclusion within the CMD. To be counted, this assessment ballot must be signed below by the owner or, if the owner is not an individual,by an authorized representative of the owner. [TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE] OFFICIAL ASSESSMENT BALLOT Property Owner: Martini CJS Properties, LP Property description: 4730 Armstrong Rd/ATN: 384-360-03-00-3 (Address &1or ATN(s)) The individual annual assessments for fiscal year 2024-2025 shall not exceed$272.75 per equivalent dwelling unit plus any costs incurred by the City from the County Assessor's office for adding parcels to the Tax Roll. NOTE: In each subsequent year, annual assessments may increase by the cost of living reflected in the Los Angeles—Riverside—Orange County/All Urban Consumers Consumer Price Index. ASSESSMENT BALLOT MEASURE Shall the City Council of the City of Bakersfield include the above described V Yes property within the Consolidated Maintenance District and levy an assessment not to exceed 0 No the amount set forth above? Owner Signature: David 7lAlaAiei Title (if representing owner): Manager—_Martini CIS Properties,LP Date: EXHIBIT G Inclusion of a Subdivision into the Consolidated Maintenance District City of Bakersfield - Public Works Department Attn: Manpreet S. Behl 1600 Truxtun Avenue Bakersfield, California 93301 Dear Mr. Behl: RE: Inclusion of GP-24-0027 (4730 Armstrong Road) in a Consolidated Maintenance District (CMD) (MD 2-91) We, the undersigned, as owners of the property included within GP-24-0027 (4730 Armstrong Road) hereby request that the property be included within the CMD (MD 2-91). This request is in accordance with the requirements of Bakersfield Municipal Code Section 13.04.021. Enclosed is a check for $1,069.00 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 (MD 2-91) 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, David J. Martini Manager Martini CJS Properties, LP Date EXHIBIT H • BAKERSFIELD ADMINISTRATIVE REPORT MEETING DATE: April 9,2025 AGENDA CATEGORY: Consent Calendar-Agreements TO: Honorable Mayor and City Council FROM: Jennifer M. Byers, Economic &Community Development Director DATE: March 26, 2025 SUBJECT: Economic Opportunity Area Grant Agreement with DV Therapy($99,900) for tenant improvements including the costs associated with the purchase of equipment, materials and furnishings for a new business space that is open to the public. (Ward 2) RECOMMENDATION: Staff recommends approval of the grant agreement. BACKGROUND: Adopted in 2016,the City of Bakersfield's Economic Opportunity Area Plan is a locally initiated program that uses public tax dollars to promote economic growth within specific geographic areas of Bakersfield. Implementation of the Plan is anticipated to facilitate increased private sector investment that will in turn create more tax revenue, promote businesses growth, and generate new jobs. The Economic Opportunity Area (EOA) Incentive Program offers incentives to encourage business growth and redevelopment with financial assistance, such as grants and development assistance, for a business or non-profit within an EOA or planning to open or expand within an EOA.The EOA Incentive Program was created to encourage the redevelopment of vacant property or buildings with grants for site and building improvements, business expansion or moving costs, development fees, or costs of required public improvement projects. The EOA Incentive Program meets City Council goals 1, 3, and 4 supporting economic opportunity for all, creating reliable infrastructure, and improving community character and quality of life. It makes targeted investments and provides incentives in strategic areas to increase economic activity and neighborhood revitalization. The City has received an application from DV Therapy, a California S Corporation,for their property at 208 Oak Street within the SR 99 Corridor EOA.This business is requesting EOA funding for site improvements consisting of property enhancements that include exterior preparation and painting, playground set, parking lot upgrade, roofing upgrade, landscaping, exterior lighting and a security fence. The costs are eligible for SR 99 Corridor EOA per the EOA program guidelines. The proposed fagade and site improvements also support a local small business who envisions an upgraded modern facility to meet the needs of clients and serve special therapy needs of the community. Without the financial support of the EOA Incentive Program, these improvements may not be financially possible.The proposed improvements create a visual transformation for a prominent corridor and invite additional investment in the area. • BAKERSFIELD The proposed project enhances aesthetics, development, and investment in the community as well as supports a small business that provides essential services for the community.The project is harmonious with the surrounding properties and uses, and offers goods and services deemed desirable and appropriate within SR 99 Corridor EOA.Therefore, staff recommend approval of the grant agreement. FISCAL IMPACT: Economic Opportunity Area projects were budgeted in the fiscal year 24-25 PSVS operating budget. COUNCIL GOAL: Economic Opportunity for All WARD: 2 ATTACHMENTS: Agreement AGREEMENT NO. ECONOMIC OPPORTUNITY AREA GRANT AGREEMENT This AGREEMENT is made on , by and between the CITY OF BAKERSFIELD, a California charter city and municipal corporation ("CITY") and DV THERAPY, a California S Corporation authorized to do business in California ("APPLICANT") herein. CITY and APPLICANT are collectively referred to as "Parties" herein. RECITALS WHEREAS, City Council adopted an Economic Opportunity Area Plan (the "EOA Plan") on April 20, 2016; and WHEREAS, the EOA Plan calls for CITY to support new and existing development, infrastructure improvements, and allow for economic incentives for small businesses and non-profit entities; and WHEREAS, CITY's General Plan calls for "incentives to upgrade deteriorating residential, commercial and industrial uses when the property owner or resident cannot afford improvements" per Land Use Policy No. 84; and WHEREAS, CITY's Economic Development Strategic Plan has adopted strategies to implement the EOA Plan; and WHEREAS, CITY administers an EOA Incentive Program, which provides grants and assistance to business and property owners to help grow and expand their business and renovate their buildings and property within certain areas; and WHEREAS, APPLICANT is the owner of real property, within the SR 99 Corridor EOA located at 208 Oak Street, Bakersfield, CA, 93304, Parcel Number 008-06-125 (herein called "Property"); and WHEREAS, APPLICANT submitted a grant application for assistance with site improvements consisting of property enhancements as described in Exhibit A (A- 1, A-2) attached hereto and incorporated by reference herein; and WHEREAS, said Project is designed to improve APPLICANT's business and quality of life for customers and the public; and WHEREAS, CITY approved APPLICANT's grant application for said Project. EOA Grant Agreement S:\Economic&CommunityDevelop\Agr\24-25\EOAGrantAgr.DV Therapy.docx Page 1 of 7 NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and APPLICANT mutually agree as follows: 1. GRANT OF FUNDS. CITY approves APPLICANT's grant for the cost of the Project under the terms and conditions herein, NOT TO EXCEED NINETY-NINE THOUSAND,NINE HUNDRED DOLLARS ($99,900). 2. PROPERTY OWNERSHIP/RIGHT TO UNDERTAKE WORK. APPLICANT represents that it is the owner of the Property and is entitled to undertake physical improvements to the Property. 3. PROJECT INFORMATION. Eligible reimbursement by CITY is identified as part of APPLICANT's grant application in Exhibit A (A-1, A-2). APPLICANT agrees to notify CITY of any changes or revisions of the approved Project. Changes include but are not limited to changes in design, color(s), materials, scope of work, and contractor performing the work. APPLICANT shall provide CITY with such notice immediately and shall allow CITY seven (7) working days to review such revisions. Within seven (7) working days CITY will notify APPLICANT if CITY accepts the proposed changes. Upon acceptance by all parties, such changes shall be approved in writing. 4. PAYMENT PROCESS. Reimbursement payments shall be made to APPLICANT for the actual amount, as work is completed and after APPLICANT has provided CITY with written proof of expenditure of APPLICANT'S Project costs. Prior to the release of any disbursement of grant funds, CITY must receive from APPLICANT copies of proof of payment for the amount to be reimbursed, using Exhibit B (B-1, B-2) attached hereto and incorporated by reference herein, with copies of invoices/estimates attached for the work completed and proof of payment to the contractor. 5. RESOURCE ALLOCATION. All CITY obligations under the terms of this Agreement are subject to the appropriation and allocation of resources by the City Council. 6. TERM. Unless terminated sooner, as set forth herein, this Agreement shall terminate on April 30, 2026. 7. TERMINATION. Unless terminated earlier as provided herein, CITY may terminate this Agreement upon ten (10) days' notice. 8. THIRD-PARTY CLAIMS. This Agreement shall not be construed or deemed to be a contract for the benefit of any third-party or parties, and no third-party shall have any claim or right of action hereunder for any cause whatsoever. EOA Grant Agreement 5:\Economic&CommunityDevelop\Agr\24-25\EOAGrantAgr.DVTherapy.docx Page 2 of 7 9. APPLICANT'S CONTRACT WITH CONTRACTOR. APPLICANT shall provide CITY with a copy of APPLICANT'S contract/estimate with each contractor performing work approved for this program. Contractor shall have a valid State of California contractor's License and be registered with the California Department of Industrial Relations (DIR), if applicable.. 9.1 CONTRACTOR. The Parties agree that APPLICANT has sole responsibility for choosing and hiring a contractor to construct the Project and will ensure that contractor has a valid CITY Business Tax Certificate. In addition, APPLICANT has sole responsibility for accepting the materials used, and the work performed on the Project. CITY is not a party to any agreement between APPLICANT and its vendor(s) or contractor(s) and CITY does not guarantee the quality of workmanship of the Project or have any liability whatsoever in connection with the Project's construction. 10. COMPLIANCE WITH ALL LAWS. APPLICANT shall, at APPLICANT'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: 10.1 CITY TAX CERTIFICATE. APPLICANT shall obtain a CITY business tax certificate (Bakersfield Municipal Code Chapter 5.02). 10.2 PREVAILING WAGE. Pay prevailing wages to all workers employed on public works projects, as defined by the California Labor Code. Upon request by CITY, APPLICANT must provide CITY proof of DIR registration of the Project. 10.3 All municipal codes and CITY regulations apply to this Agreement and APPLICANT's contractor(s) performing the work. Permits must be obtained from CITY, including, but not limited to, the Building Department, Planning Department and/or Public Works Department for all work requiring permits. Grant reimbursements will not be processed until all code or permit compliance has been completed by APPLICANT and approved by CITY. 10.4 NONDISCRIMINATION. Not discriminate or segregate against any person or group of persons on account of race, color, creed, religion, sex, sexual orientation, marital status, national origin, EOA Grant Agreement S:\Economic&CommunityDevelop\Agr\2425\EOAGrantAgr.DV Therapy.docx Page 3 of 7 ancestry or disability in the performance of this Agreement or use of the Property. 11. AUTHORITY. The persons executing this Agreement on behalf of the Parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said Parties and that by so executing this Agreement the Parties hereto are formally bound to the provisions of this Agreement. APPLICANT certifies that the above statements are true and accurate to the best of APPLICANT's belief. Failure to meet any of the terms of this Agreement shall result in the forfeiture of any grant funds from CITY for this program. 12. ENFORCEMENT OF AGREEMENT. APPLICANT shall be required to provide CITY proof of ownership of the Property or provide a binding one-year lease for the Property starting after occupancy and opening of the building for business as certified by CITY through review and issuance of a Business Tax Certificate. Should APPLICANT not remain in the building for a one-year period, during which they are open for business, funds shall not be reimbursed or funds that have been dispersed to APPLICANT shall be immediately re-paid to CITY. 13. INDEMNITY. APPLICANT shall indemnify, defend, and hold harmless CITY and CITY's officers, employees, volunteers, agents and representatives 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 APPLICANT or APPLICANT'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. This obligation to indemnify CITY and its officers, employees, volunteers, agents and representatives shall survive termination of this Agreement. 14. INTEGRATED AGREEMENT. This Agreement contains all of the agreements of the Parties and cannot be amended or modified except by written agreement. 15. MAINTENANCE. APPLICANT agrees and covenants that, APPLICANT shall be responsible for maintenance of all improvements that may exist at the Property from time to time, including without limitation, buildings, parking lots, lighting, signs, and exterior walls in good condition and repair, and shall keep the Property free from any accumulation of debris or waste materials. EOA Grant Agreement 5:\Economic&CommunityDevelop\Agr\24-25\EOAGrantAgr.DV Therapy.docx Page 4 of 7 APPLICANT shall also maintain all landscaping required pursuant to Property's approved landscaping plan, if any, in a healthy condition, including replacement of any dead or diseased plants with plants of a maturity similar to those being replaced. 16. NOTICE. Any notice, demand, request, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by pre-paid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated seventy-two (72) hours from the time of mailing if mailed as provided in this Section. CITY: City of Bakersfield Economic and Community Development Department 1600 Truxtun Avenue Bakersfield, California, 93301 APPLICANT: DV Therapy 208 Oak St. Bakersfield, California, 93304 17. RELEASE OF LIENS. The Parties agree that APPLICANT is responsible for obtaining the release of any Mechanics Liens or other liens placed upon APPLICANT's Property by any contractor or subcontractor hired under this program. 18. REPORTING. APPLICANTS are required to submit a progress report when submitting a reimbursement request of the improvements completed within the initial six (6) months after application funding. If requesting a Project extension, the progress report must include a narrative of the progress made and work yet to be completed and an updated timeline and completion date. A final progress report must be submitted to the ECD within thirty (30) days of completion of the Project. This report must include a Project narrative, before and after pictures of the Project, detailed account of expenditure (including receipts, contracts, invoices, etc.),jobs created,or a description of other program objectives met by the Project. Failure to submit the required final report may disqualify the grant recipient from receiving future funding from CITY. 19. SEVERABILITY. In the event that any one (1 ) or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by valid judgment or decree of EOA Grant Agreement 5:\Economic&CommunityDevelop\Agr\24-25\EOAGrantAgr.DV Therapy.docx Page 5 of 7 a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement, which shall be interpreted to carry out the intent of the Parties hereunder. 20. STARTING WORK. CITY may not be able to approve APPLICANT's reimbursement claim(s) if APPLICANT begins project before CITY's authorization. IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the date first written above. "CITY" "APPLICANT" CITY OF BAKERSFIELD DV TH Y By: By: KAREN GOH IDDO DE VRIES Mayor Chief Executive Officer APPROVED AS TO CONTENT: ECONOMIC AND COMMUNITY DEVELOPMENT DEPARTMENT By: JENNIFER M. BYERS Economic & Community Development Director APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By: VIRGINIA GENNARO City Attorney COUNTERSIGNED: By: RANDY MCKEEGAN Finance Director Attachments: Exhibit A (A-1,A-2) Exhibit (B-1,B-2) EOA Grant Agreement S:\Economic&CommunityDevelop\Agr\24-25\EOAGrantAgr.DV Therapy.docx Page 6 of 7 i EXHIBIT A [PROJECT DESCRIPTION, PLANS, SPECIFICATIONS, ELIGIBLE COSTS] Project Description: The project funds will be used for site improvements consisting of property enhancements that include exterior preparation and painting, playground set, parking lot upgrade, roofing upgrade, drought tolerant landscaping, exterior lighting and a security gate with fencing. The project will result in enhanced customer experience and help secure the property. List Plans/Specifications (attach site plans, elevations, drawings, etc.): I , TIIVIERA ." / 01 // / r i 4l y TrAPAP . /�Ii /,, ��itl � .� a Itll��uul III��iuumlV�lui liti��illil�u�IBi 9�l�l����i����j I� roar I ^S p as o rir i � .. . / a' .o. uo� ifi681p1i ..Nay � � / l � U vW—�mwrl—l � Eligible Costs: Activity Cost $ Exterior Prep & Paint $38,000 Playground Set- Purchase and Installation $12,000 Landscaping - Drought Tolerant Plants $8,900 Exterior Lighting / Se urity Gate & encing $16,000 _ Roofing $25,000 Total: $99,900 A-2 "By' EXHIBIT B Note: This is a sample, the official form will be provided by the CITY after execution of the grant agreement. ECONOMIC OPPORTUNITY AREA INCENTIVE PROGRAM INVOICE PAYMENT REQUEST/PROGRESS REPORT Grant Agreement No. Payment No. To: City of Bakersfield Attn: Economic & Community Development Address: 1600 Truxtun Avenue, Bakersfield, CA 93301 From: Business Name Mailing Address: Note: All payments will be sent to the business name and address listed above. They must be the some as your grant agreement. Grant Agreement Award Amount: $ Reimbursement Requested $ I certify the allowable costs associated with this payment request reimbursement submittal were paid for with available funding. In addition, I certify that all grant obligations are met as described in the approved grant agreement and only approved activities are being funded. Business Owner Signature Date Business Owner Name (Printed) B-1 Eligible Expenditures (per your approved grant agreement). You must attach to this form all receipts, estimates, invoices, etc. of eligible costs as well as proof of payment, copies of checks, bank statements, accounting ledgers, etc. Accounting numbers and similar information should be redacted. List of Detailed Expenditures Cost($) $ TOTAL $ PROGRESS REPORT This report must include a project narrative of progress to date, before pictures and pictures (high quality digital photos) of what is in progress. If this is a final progress report, then there must be pictures of all components of the completed project. Failure to submit the required progress reports may disqualify the grant recipient from receiving future funding from the City of Bakersfield. 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"'I,,,",",,I���',,-",-�--��"�'1,;/�'l�,,I/;.�/",,1-,l�,�",-,,l�-,,",,��-"�,,/��,�",,,/,-,/"�, ,�","-',,;�-,"'�,,A�,��� "�,,,,'/"�_,1,�1I,,,I,,�-"""J,I,��i1,,�,"�-,�,,",—�,,",,,-,��,",,�,A��"1"�;,',�,,1,�",,":--",,"'I,,-, I,-""1,"�'-':,''",,I,1i 1:�I1" /"",1�"-'I',�- ',",z,"':,"I,,,,�,"/,'I;,,/',1�,�',I,"",, "'��,��,'�-�'�",:,,,"�A";�"""��' ,&��'" �/,�,-1,-,'',,,":,�,"�'�"��,,�,-'",�t-"��,I,i��,,,,/,���,',1,"�,�."�,,1;,',�,,,,/,';,1;,,-Y,l,,/.,�,""/�;,-,,,,'"/,,,��l,,'/"'/�-�'"1,,�,;,���,"--".�,,�, ,,"",,�":,'1";,',iN�/1, ,,,,,,�",,,:;,�,,""1,/;-�""-;:,'",'",;,-,- ,,�—',;,,Im�,.//,;,�,,�,,�'1,,�,�""",,I'1,,"�,:,�`,��"o�/,"�,,,�� UNNT iiq�E�VIAR�ITR a,� RR M 111�,OVAL U�AGRNDA ITEM i , ,: ,�,,,. qer C�fiy Manger rqegrr rier�dat Qr�, sta u�ra r�dr (tem NO 7 e Eaor�am�a Cfpps5rtu ty ar rata pan green n Ns�r Q Age 1, C with DV TerapW from the Consent Ccfler�dar fior the City C600, l ,, ,11, c held on,A r�l�9, 025 at ,1 S M, Tle eta w�l�%b� brought back fo , t�►re Dune cons er,,,, , at a fu , 66fir�g. , „ ., „', „ ,.v, i, ,i , ,,, ,i ', ,,;t y. ;,,v �,' ""' ,i ,,: ,„ ° „"',, ,,,s; ,;,;:, ,,,'„ W �, .,„ „ .r, ;, i, „ , „, s cr,,,„ „II , „ g, , , -„ , , , , „, ;; -; ;, ,, ,,, ,,', . , „ , ,, 'r „ „ ,,;, s r ", ,/ , y,, „ i, ,, , f . i AGREEMENT NO. f ECONOMIC OPPORTUNITY AREA GRANT AGREEMENT I This AGREEMENT is made on , by and between the CITY OF BAKERSFIELD, a California charter city and municipal corporation ("CITY") and DV THERAPY, a California S Corporation authorized to do business in California ("APPLICANT") herein. CITY and APPLICANT are collectively referred to as "Parties" herein. RECITALS i WHEREAS, City Council adopted an Economic Opportunity Area Plan (the "EOA Plan") on April 20, 2016; and WHEREAS, the EOA Plan calls for CITY to support new and existing development, infrastructure improvements, and allow for economic incentives for small businesses and non-profit entities; and i WHEREAS, CITY's General Plan calls for "incentives to upgrade deteriorating residential, commercial and industrial uses when the property owner or resident cannot afford improvements" per Land Use Policy No. 84; and WHEREAS, CITY's Economic Development Strategic Plan has adopted strategies to implement the EOA Plan; and WHEREAS, CITY administers an EOA Incentive Program, which provides E grants and assistance to business and property owners to help grow and expand I their business and renovate their buildings and property within certain areas; and i WHEREAS, APPLICANT is the owner of real property, within the SR 99 Corridor EOA located at 208 Oak Street, Bakersfield, CA, 93304, Parcel Number 008-06-125 I (herein called "Property"); and WHEREAS, APPLICANT submitted a grant application for assistance with site improvements consisting of property enhancements as described in Exhibit A (A- 1, A-2) attached hereto and incorporated by reference herein; and WHEREAS, said Project is designed to improve APPLICANT's business and quality of life for customers and the public; and WHEREAS, CITY approved APPL,'CANT's grant application for said Project. EOA Grant Agreement S:\Economic&CommunityDevelop\Agr\24-25\EOAGrantAgr.DV Therapy.docx Page 1 of 7 NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and APPLICANT mutually agree as follows: 1. GRANT OF FUNDS. CITY approves APPLICANT's grant for the cost of the Project under the terms and conditions herein, NOT TO EXCEED NINETY-NINE THOUSAND, NINE HUNDRED DOLLARS ($99,900). 2. PROPERTY OWNERSHIP/RIGHT TO UNDERTAKE WORK. APPLICANT represents that it is the owner of the Property and is entitled to undertake physical improvements to the Property. 3. PROJECT INFORMATION. Eligible reimbursement by CITY is identified as part of APPLICANT's grant application in Exhibit A (A-1,A-2). APPLICANT agrees to notify CITY of any changes or revisions of the approved Project. Changes include but are not limited to changes in design, color(s), materials, scope of work, and contractor performing the work. APPLICANT shall provide CITY with such notice immediately and shall allow CITY seven (7) working days to review such revisions. Within seven (7) working days CITY will notify APPLICANT if CITY accepts the proposed changes. Upon acceptance by all parties, such changes shall be approved in writing. 4. PAYMENT PROCESS. Reimbursement payments shall be made to APPLICANT for the actual amount, as work is completed and after APPLICANT has provided CITY with written proof of expenditure of APPLICANT'S Project costs. Prior to the release of any disbursement of grant funds, CITY must receive from APPLICANT copies of proof of payment for the amount to be reimbursed, using Exhibit B (B-1, B-2) attached hereto and incorporated by reference herein, with copies of invoices/estimates attached for the work. completed and proof of payment to the contractor. 5. RESOURCE ALLOCATION. All CITY obligations under the terms of this Agreement are subject to the appropriation and allocation of resources by the City Council. 6. TERM. Unless terminated sooner, as set forth herein, this Agreement shall terminate on April 30, 2026. 7. TERMINATION. Unless terminated earlier as provided herein, CITY may terminate this Agreement upon ten (10) days' notice. 8. THIRD-PARTY CLAIMS. This Agreement shall not be construed or deemed to be a contract for the benefit of any third-party or parties, and no third-party shall have any claim or right of action hereunder for any cause whatsoever. EOA Grant Agreement S:\Economlc&CommunityDevelop\Agr\24-25\EOAGrantAgr.DV Therapy.dom Page 2 of 7 t I 9. APPLICANT'S CONTRACT WITH CONTRACTOR. APPLICANT shall provide CITY with a copy of APPLICANT'S contract/estimate with each contractor performing work approved for this program. Contractor shall have a valid I State of California contractor's License and be registered with the I California Department of Industrial Relations (DIR), if applicable. I 9.1 CONTRACTOR. The Parties agree that APPLICANT has sole responsibility for choosing and hiring a contractor to construct the Project and will ensure that contractor has a valid CITY Business Tax Certificate. In addition, APPLICANT has sole responsibility for accepting the materials used, and the work performed on the Project. CITY is not a party to any agreement between APPLICANT and its vendor(s) or contractor(s) and CITY does not guarantee the quality of workmanship of the Project or have any liability whatsoever in connection with the Project's construction. I 10. COMPLIANCE WITH ALL LAWS. APPLICANT shall, at APPLICANT'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 f 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: I 10.1 CITY TAX CERTIFICATE. APPLICANT shall obtain a CITY business tax certificate (Bakersfield Municipal Code Chapter 5.02). 10.2 PREVAILING WAGE. Pay prevailing wages to all workers employed on public works projects, as defined by the California Labor Code. Upon request by CITY, APPLICANT must provide CITY proof of DIR registration of the Project. i 10.3 All municipal codes and CITY regulations apply to this Agreement and APPLICANT's contractor(s) performing the work. Permits must be obtained from CITY, including, but not limited to, the Building Department, Planning Department and/or Public Works Department for all work requiring permits. Grant reimbursements will not be processed until all code or permit compliance has been completed by APPLICANT and approved by CITY. 10.4 NONDISCRIMINATION. Not discriminate or segregate against any person or group of persons on account of race, color, creed, religion, sex, sexual orientation, marital status, national origin, EOA Grant Agreement 5:\Economic&CommunityDevelop\Agr\2425\EOAGrantAgr.DV Therapy.dom Page 3 of 7 i ancestry or disability in the performance of this Agreement or use of the Property. 11. AUTHORITY. The persons executing this Agreement on behalf of the Parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said Parties and that by so executing this Agreement the Parties hereto are formally bound to the provisions of this Agreement. APPLICANT certifies that the above statements are true and accurate to the best of APPLICANT's belief. Failure to meet any of the terms of this Agreement shall result in the forfeiture of any grant funds from CITY for this program. 12. ENFORCEMENT OF AGREEMENT. APPLICANT shall be required to provide CITY proof of ownership of the Property or provide a binding one-year lease for the Property starting after occupancy and opening of the building for business as certified by CITY through review and issuance of a Business Tax Certificate. Should APPLICANT not remain in the building for a one-year period, during which they are open for business, funds shall not be reimbursed or funds that have been dispersed to APPLICANT shall be immediately re-paid to CITY. 13. INDEMNITY. APPLICANT shall indemnify, defend, and hold harmless CITY and CITY's officers, employees, volunteers, agents and representatives 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 APPLICANT or APPLICANT'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. This obligation to indemnify CITY and its officers, employees, volunteers, agents and representatives shall survive termination of this Agreement. 14. INTEGRATED AGREEMENT. This Agreement contains all of the agreements of the Parties and cannot be amended or modified except by written agreement. 15. MAINTENANCE. APPLICANT agrees and covenants that, APPLICANT shall be responsible for maintenance of all improvements that may exist at the Property from time to time, including without limitation, buildings, parking lots, lighting, signs, and exterior walls in good condition and repair, and shall keep the Property free from any accumulation of debris or waste materials. EOA Grant Agreement 5:\Economic&CommunityDevelop\Agr\24.25\EOAGrantAgr.DVTheropy.docx Page 4 of 7 f i APPLICANT shall also maintain all landscaping required pursuant to Property's approved landscaping plan, if any, in a healthy condition, j including replacement of any dead or diseased plants with plants of a maturity similar to those being replaced. 16. NOTICE. Any notice, demand, request, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by pre-paid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated seventy-two (72) hours from the time of mailing if mailed as provided in this Section. CITY: City of Bakersfield Economic and Community Development Department 1600 Truxtun Avenue Bakersfield, California, 93301 I APPLICANT: DV Therapy 208 Oak St. Bakersfield, California, 93304 I 17. RELEASE OF LIENS. The Parties agree that APPLICANT is responsible for obtaining the release of any Mechanics Liens or other liens placed upon APPLICANT's Property by any contractor or subcontractor hired under this program. 18. REPORTING. APPLICANTS are required to submit a progress report when submitting a reimbursement request of the improvements completed within the initial six (6) months after application funding. If requesting a Project extension, the progress report must include a narrative of the progress made and work yet to be completed and an updated timeline and completion date. A final progress report must be submitted to the ECD within thirty (30) days of completion of the Project. This report must include a Project narrative, before and after pictures of the Project, detailed account of expenditure (including receipts, contracts, invoices, etc.),jobs created, or a description of other program objectives met by the Project. Failure to submit the required final report may disqualify the grant recipient from receiving future funding from CITY. 19. SEVERABILITY. In the event that any one (1 ) or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by valid judgment or decree of EOA Grant Agreement S:\Economic&CommunityDevelop\Agr\24-25\EOAGrantAgr.DV Therapy.docx Page rJ of 7 I a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement, which shall be interpreted to carry out the intent of the Parties hereunder. 20. STARTING WORK. CITY may not be able to approve APPLICANT's reimbursement claim(s) if APPLICANT begins project before CITY's authorization. IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the date first written above. "CITY" "APPLICANT" CITY OF BAKERSFIELD DV TH Y By: By: KAREN GOH IDDO DE VRIES Mayor Chief Executive Officer APPROVED AS TO CONTENT: ECONOMIC AND COMMUNITY DEVELOPMENT DEPARTMENT By: JENNIFER M. BYERS Economic & Community Development Director APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By: VIRGINIA GENNARO City Attorney COUNTERSIGNED: By: RANDY MCKEEGAN Finance Director Attachments: Exhibit A (A-1,A-2) Exhibit B (B-1,B-2) EOA Grant Agreement S:\Economic&CommunityDevelop\Agr\24-25\EOAGrantAgr.DV Theropy.docx Page 6 of 7 EXHIBIT "All EXHIBIT A [PROJECT DESCRIPTION, PLANS, SPECIFICATIONS, ELIGIBLE COSTS] Project Description: The project funds will be used for site improvements consisting of property enhancements that include exterior preparation and painting, playground set, parking lot upgrade, roofing upgrade, drought tolerant landscaping, exterior lighting and a security gate with fencing. The project will result in enhanced customer experience and help secure the property. List Plans/Specifications (attach site plans, elevations, drawings, etc.): r rt FBI✓9[Or�i' �+�1 �I�i 6i�PIII�Y V iYl i 1VI it I dY ipt w9�I�}}�i�III,V�(�„ /di i o i r, rr'1� at i V li r 1 I w ilv e, Eligible Costs: ActivityCost $ Exterior Prep & Paint $38,000 Playground Set- Purchase and Installation $12,000 Landscaping - Drought Tolerant Plants $8,900 Exterior Lighting / Security Gate & Fencing $16,000 Roofing $25,000 Total: $99,900 A-2 EXH I BIT "B" I I I EXHIBIT B f Note: This is a sample, the official form will be provided by the CITY after execution of the grant agreement. ECONOMIC OPPORTUNITY AREA INCENTIVE PROGRAM INVOICE i PAYMENT REQUEST/PROGRESS REPORT Grant Agreement No. Payment No. To: City of Bakersfield Attn: Economic & Community Development Address: 1600 Truxtun Avenue, Bakersfield, CA 93301 From: Business Name Mailing Address: Note: All payments will be sent to the business name and address listed above. They I must be the same as your grant agreement. Grant Agreement Award Amount: g $ Reimbursement Requested $ I certify the allowable costs associated with this payment request reimbursement submittal were paid for with available funding. In addition, I certify that all grant obligations are met as described in the approved grant agreement and only approved activities are being funded. i i Business Owner Signature Date Business Owner Name (Printed) I i B-1 i Eligible Expenditures (per your approved grant agreement). You must attach to this form all receipts, estimates, invoices, etc. of eligible costs as well as proof of payment, copies of checks, bank statements, accounting ledgers, etc. Accounting numbers and similar information should be redacted. List of Detailed Expenditures Cost $ $ $ TOTAL $ PROGRESS REPORT This report must include a project narrative of progress to date, before pictures and pictures (high quality digital photos) of what is in progress. If this is a final progress report, then there must be pictures of all components of the completed project. Failure to submit the required progress reports may disqualify the grant recipient from receiving future funding from the City of Bakersfield. Project Narrative: Before and After Photos (Attach high quality digital photos to this report) B-2 • BAKERSFIELD ADMINISTRATIVE REPORT MEETING DATE: April 9,2025 AGENDA CATEGORY: Consent-Agreements TO: Honorable Mayor and City Council FROM: Zachary Meyer, Public Works Director DATE: March 21, 2025 SUBJECT: Final Map, Improvement, and Landscape Agreement with Buena Vista 6577, LLC for Tract 6577 Unit 5 The developer is requesting to enter into agreement,thus final map for Tract 6577 Unit 5 located on the Northeast corner of McCutchen Road and Buena Vista Road can be approved and recorded (Ward 5). RECOMMENDATION: Staff recommends approval of the Final Map, Improvement Agreement, and Landscape Agreement. BACKGROUND: Per Bakersfield Municipal Code Chapter 16, "Subdivisions," Tentative Tract Map 6577 Unit 5 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, Buena Vista 6577, LLC, wishes to record a portion of the tentative tract map (through a final map),the developer must execute an improvement agreement through which the developer agrees to complete the construction of the improvements within one year of the date the agreement is executed. The City Engineer may extend the time to complete the improvements upon request. Certificates of Occupancy or final inspections will not be allowed for any building within the bounds of the final map until these required improvements are completed and accepted by the City of Bakersfield and a Notice of Completion for the improvements is recorded. The Public Works Department has completed the review of the final map submitted by the Developer and is recommending that the Council approve the map. In addition, the Improvement Agreement outlining the Developer's responsibilities for onsite infrastructure improvements, which typically accompanies approval of the final map, is also included and recommended for approval. The Landscape Improvement Agreement requires the Developer to complete the required landscape and irrigation improvements within the time frame and in the manner outlined in the agreement's terms. A landscape agreement is required whenever the Developer desires to record their final map before the landscaping improvements are in. FISCAL IMPACT: There will be no financial impact to the City. Proposed street improvements are being bonded for and included within the proposed improvement agreement. COUNCIL GOAL: Reliable infrastructure ATTACHMENTS: 1. Tract 6577 Unit 5— Final Map 2. Tract 6577 Unit 5— Improvement Agreement 3. Tract 6577 Unit 5—Landscape Improvement Agreement 4. Tract 6577 Unit 5—Vicinity Map 5. 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NOn ? wyi o ® • ® u NOS N Rm ui 8!o «au w 3N� N�m z Nm f cam < p=a J O FOmm O1�I pet^^ NN - o0QU3 A m -m rl m z 3 ohm _ ZZ'98l zz 21400N"' 3 r _ x z¢ N LS m p w L9'99 .ZZ'lZl� Y ... - _ Lx/12w�p im t Ur 6mz¢o _ ¢�Or � w rNpO Ozer 9l'L6L 3„LZ.BSOON - •M--- boa - - mwm 00 p a nm ywz p�m0 ll Q__ a ,j ldzruQz _________________ ____________ ____________________z_' oua ;m`.� N 3pmwmp5- __ - QWQ r� - - zrcn ryn6. p m w m m z z�O¢jxo�-----_________________- _____________m�W n�m mop mo^ rc;Urarc f�ppON 2 L<Lj n M�0z `\ l w Oz z0 \� ,f L'Zff 3„LZ,fiS.00N _ _ .bf'BOfZ \ - - - _ ¢~ .Lb'b 3.LZ.BS.00N-�~ ww¢O¢a>� ¢p6 wmLo a O4�a z0 -p UKm (CO'Ob9) (SONINtl3930 SIStl9) C,.L'9Z,65.00) p0 3mrc> _ _ _ _ cJi3wo QzOp <p Md sm ` 'N'0'N'3GZ6'50f'G'Of'039 3aNm aw�¢ r _ -K t,c oaez] [,.,Lz,es.00N] woo Ozm 306/L'M'S 303NI1'M KOy o� (en�onszf aVOa V1SIA VN3ne �J i3.se as ooNf �w>o._ ¢ ¢ ¢o>ma¢ za22HVd._ 5;M2om Oa Oa OaW. IMPROVEMENT AGREEMENT NO. FOR TRACT 6577 Unit 5 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 (referred to herein as "City") and Buena Vista 6577, LLC, a California Limited Liability Company authorized to do business in California (referred to herein as "Developer"). RECITALS WHEREAS, Developer is developing and subdividing land in the City of Bakersfield, commonly referred to as Tract 6577 Unit 5 (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"); and WHEREAS, City's Planning Commission 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 WHEREAS, Developer desires to file a final map for the Project before installing the street, sewer, storm drain, water, and wall (the "Public Improvements") required as a condition of City's approval of the Project; and WHEREAS, Developer desires to enter into this Agreement with City to complete the required Public Improvements work in the Project 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. NOW THEREFORE, incorporating herein the above recitals, City and Developer agree as follows: 1. IMPROVEMENTS TO BE CONSTRUCTED. Developer will construct in the IMPROVEMENT AGREEMENT-2 Party G:\GROUPDAT\AGREEMENTS\2025 PW AGREEMENTS\TR 6577-5 IMP AGR.docx Page 1 of 14 Updated-June 13,2023 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 August 3, 2006, 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 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 Bakersfield Municipal Code; 2.2. California Subdivision Map Act (California Government Code Section 66410, et seq.); 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. 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 IMPROVEMENT AGREEMENT-2 Party GAGROUPDAT\AGREEMENTS\2025 PW AGREEMENTS\TR 6577-5IMP AGR_docx Page 2 of 14 Updated-June 13,2023 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 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. Based upon an Engineer's Estimate, attached hereto and incorporated by reference as Exhibit B, Developer must provide security as described herein and detailed in Exhibit C, that establishes the following obligations: 6.1.1. Performance of the obligations of the Agreement by a full and timely completion of the Improvements (herein "Performance Security"); 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 (herein "Labor and Materials/Payment Security"); 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 (herein "Warrant/Maintenance Security"). 6.2. Acceptable Security. City Engineer has the sole discretion to For tracts that have no phases, the term "Covered Phase" refers to the Project. IMPROVEMENT AGREEMENT-2 Party G:\GROUPDAT\AGREEMENTS\2025 PW AGREEMENTS\TR 6577-5 IMP AGR.docx Page 3 of 14 Updated-June 13,2023 i i determine which of the following forms of security is acceptable: 6.2.1. 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; 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 as outlined in Exhibit C. The original security documents satisfying this requirement are attached herein 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 C. IMPROVEMENT AGREEMENT-2 Party G:\GROUPDAT\AGREEMENTS\2025 PW AGREEMENTS\TR 6577-5IMP AGR.docx Page 4 of 14 Updated-June 13,2023 7. DEFAULT; REMEDIES. 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 IMPROVEMENT AGREEMENT-2 Party G:\GROUPDAT\AGREEMENTS\2025 PW AGREEMENTS\TR 6577-5 IMP AGR.dacx Page 5 Of 14 Updated-June 13,2023 i i secured funds; 7.2.3. 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; 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 IMPROVEMENT AGREEMENT-2 Party G\GROUPDAT\AGREEMENTS\2025 PW AGREEMENTS\TR 6577-5IMP AGR.docx Page 6 of 14 Updated-June 13,2023 I 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. 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. 10.3 Developer's surety providing the Performance Security will not be deemed liable under any of the foregoing provisions of this section, IMPROVEMENT AGREEMENT-2 Party G:\GROUPDAT\AGREEMENTS\2025 PW AGREEMENTS\TR 6577-5IMP AGR.docx Page 7 Of 14 Updated-June 13,2023 i 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. 11.1.3. Workers' compensation insurance with limits of not less than $1,000,000 per occurrence. In accordance with the IMPROVEMENT AGREEMENT-2 Party GAGROUPDAT\AGREEMENTS\2025 PW AGREEMENTS\TR 6577-5 IMP AGR.docx Page 8 of 14 Updated-June 13,2023 i 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' compensation insurance, must be placed with insurers with a Best's rating as approved by City's Risk Manager, but in no IMPROVEMENT AGREEMENT-2 Party G;\GROUPDAT\AGREEMENTS\2025 PW AGREEMENTS\TR 6577-5 IMP AGR.docx Page 9 of 14 Updated June 13,2023 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 mail, and will be effective upon actual personal service or depositing in the United States mail. The parties must be addressed as follows, IMPROVEMENT AGREEMENT-2 Party G:\GROUPDAT\AGREEMENTS\2025 PW AGREEMENTS\TR 6577-5 IMP AGR.docx Page 10 Of 14 Updated-June 13,2023 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: Buena Vista 6577 LLC 8803 Swigert Court Bakersfield California 93311 Telephone: (661) 664-7130 Email: glenn@froehlichhomes.com Surety: Harco National Insurance Company DiBudue & DeFendis Insurance Brokers, LLC Attn: Justin Smit, Bond Manager 6873 N Wet Avenue Suite 101 Telephone: (559)-432-0222 License No.: OE2096 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 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 IMPROVEMENT AGREEMENT-2 Party G:\GROUPDAT\AGREEMENTS\2025 PW AGREEMENTS\TR 6577-51MP AGR.docx Page 11 Of 14 Updated-June 13,2023 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. Developer's Federal Tax Identification No. 86-2680263. Developer is a corporation? Yes No X (Please check one.) 12.11. Non-Interest. No officer or employee of City may hold any interest in j IMPROVEMENT AGREEMENT-2 Party G:\GROUPDAT\AGREEMENTS\2025 PW AGREEMENTS\TR 6577-5 IMP AGR.docx Page 12 of 14 Updated-June 13,2023 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, IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first written above. CITY DEVELOPER CITY OF BAKERSFIELD Buena Vista 6577 LLC By: By: KAREN GOH Print Name: Mayor _UA1 Title: ....................... ...... By: Print Norne: Title:,-,---,,,................. [Signatures on Following Page] ................... IMPROVEMENT AGREEMENT--2 Party G:\GR0HF`DAT\AGREEMFNTS\2025 PW AGREFMEJ,IrS\TR 6577-5 IMF'AGR.docx Page 13 of 14 Updated..June 13,2023 APPROVED as to content: PUBLIC WORKS DEPARTMENT By: ZACHARY MEYER Public Works Director APPROVED as to form: VIRGINIA GENNARO City Attorney By: VIRIDIANA GALLARDO-KING Deputy City Attorney Insurance/Surety: COUNTERSIGNED: By: RANDY MCKEEGAN Finance Director Attachments: Exhibit A-Checklist for Notice of Completion Exhibit B- Engineer's Estimate Exhibit C-Required Security Exhibit D-Security Exhibit E-Insurance i i IMPROVEMENT AGREEMENT-2 Party G:\GROUPaAT\AGREEMENTS\2025 PW AGREEMENTS\TR 6577-5 IMP AGR.docx Page 14 of 14 Updated-June 13,2023 I I 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 .................. .............. .............. STATE OF CALIFORNIA COUNTY OF K!V"i'l On . 12) '40`4 before me L I's a AV) 0.1,(k-exi k4e1 Notary Public, Date (here insert name and title of the officer) 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 sea]. LISAANN HICKERSON Notary Public-CaMoni Kern County Commission#7'2&t�77729 6,2025 y Comm,Ex P" Signature: —(Sea]) OPTIONAL Ekscription of Attached Document Title or 'lype of Document: Number of Pages: Document Date: Other: Cahkg� LiLl MQi'WA'J'q_(*aT'YN! Y Eck w w:('A EXHIBIT A Checklist for Notice of Completion 'trnuv rr!' 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 acce 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: 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 Engineer's Estimate U) w 0 z O m W O.0 0 O 0 tr) 0 M O rr tO M r` O r.- O O. 0 0 0 0 O.O O o o o r- tO to O O O O co N co V' W N tO W N In M N (0 V N O V 0 co n co IT tO LO I- LO N Lo 0 0 r` h 0 r m 0 !� 00 co co O M Cl) 1- 000000 l�j M Ncl MM E W U � m N o 0 o w o 0 0 o o m o o c ro o 0 0 0 0 0 o o o :�O O O p O O O O o p O O O O Q O O O O o 0 0 0 0 0 0 p N N O) 0 V) t0) O) W tO OL � D7 a) O) � 0 � CL �. E p O E W p U <n U U _ m o � H N O z tO. r 0000 000 IX) atO 0.000co 0000000000LOCO h1+ O d' N N O O O O O O U') V' V' O M tO O Cl) O co V) N V V' OM O O O C. 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LO (D EXHIBIT C 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 B 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 C EXHIBIT D Security Bond No: 0865287 City of Bakersfield Premium:$13,037,00 PERFORMANCE BOND Buena Vista 6577,LLC a California Limited Liability Company, The City of Bakersfield ("City")and ('Principal") have entered into an agreement dated . 20_("Agreement"),whereby Principal has agreed to install and complete certain designated public improvements for the following project: Tract 6577 Phase 5 On-Site . The Agreement, incorporated herein by this reference, requires Principal to furnish a bond securing Principal's performance of the obligations of the Agreement("Performance Bond"). To that end, Principal and Harco National Insurance Company ("Surety") are held and firmly bound unto the City in the penal sum of$714,744.00 for the payment of which sum well and truly to be made, we bind ourselves and our heirs, successors, executors, and administrators, jointly and severally,firmly by these 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 made 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 City's officers, agents, and employees as therein 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 rendered. 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. I In witness whereof, this instrument has been duly executed by Principal and Surety on March 14 2025. I PRINCIPAL Buena Vista 6577,LLC SURETY Harco Na 'o I Insurance Company California ti it 0 Liability Company By: U) By. Its: Its: Attorne In-F ct:lustin Smit I PERFORMANCE BOND Last Revised:December 6,2013 seal i EXHIBIT D i 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 Fresno ) On March 14,2025 beforeme, Roberta Voss Notary Public (insert name and title of the officer) personallyappeared Justin Smit 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. 9ROBERTAVOSS L,1 NOTARY PUBLIC-CALIFORNIA �,. COF EISNO COUNTY#2387978 My Comm.Exp.January 19,2026 v.asysv ' 42,, Signature (Seal) i i i i I I i i i EXHIBIT D j 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 Kern ) On March 18, 2025 before me, Lisa Ann Nickerson, Notary Public (insert name and title of the officer) personally appeared Rick Williams 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. ��, o r, LISAANN HICKERSON W � Notary Public-California z a ° Kern County Commission#2377j,.20J25 24 Y`':'Foy"' My Comm.Expires Oct Signature , ► (Seal) EXHIBIT D POWER OF ATTORNEY Bond# 0810015 _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,a corporation 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 MATTHEW D. DEFENDIS, ROBERTA VOSS, JUSTIN SMIT Fresno,CA their true and lawful attomey(s)4n fact to execute,seal and deliver for and on ifs 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 instruments) in pursuance of these presents, shall be as binding upon the said HARCO 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 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 of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 13th day of December,2018 and by the Board of Directors of HARCO NATIONAL INSURANCE COMPANY at a meeting held on the 13th day of December,2018. "RESOLVED,that(1) the Chief Executive Officer, President, Executive Vice President, Senior Vice President,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 of the Corporation and affix the Corporation's seal thereto, bonds, undertakings, 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 Officdr 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 other written obligation In the nature thereof or related thereto,such signature and seats when so used whether heretofore or hereafter,being hereby adopted by the 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 as though manually affixed." IN WITNESS WHEREOF,HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY have each executed and attested these presents on this 31st day of December,2018 1 Ci STATE OF NEW JERSEY STATE OF 1LLINOIS ;,tia'�;��OR,�•,�',�';,• , +• ` ,� County of Essex � � •�n ,� County of cook471� . .0 d`o'{ Kenneth Chapman l�s � ►�` Executive Vice President,Harco National Insurance Company '�tllllls�t and International Fidelity Insurance Company On this 31st day of December,2018 ,before me came the individual who executed the preceding instrument,to me 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. �lyllllll . E A `1I�P IN TESTIMONY WHEREOF,I'have hereunto set my Band affixed my Official Seal,at City of Newark, � �,.�a��'. New Jersey the day and year first above written. �C.7ia°�orAgym,Z� 0. Eli p�' Shirelle A.Outley a Notary Public of New Jersey My Commission Expires April 04,2023 CERTIFICATION 1,the undersigned officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCi~COMPANY do hereby 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 in said Power of Attorney,with the originals on file in the home office of said companies,and that the same are correct transcripts thereof,and oftho whole of the said originals,and that the said Power of Attorney has not been revoked and Is now In full force and effect. IN TESTIMONY WHEREOF,I have hereunto set my hand on this day,March 14,2025 A01047 DIBuduo&DeFendis Insurance ✓ � VER2 2i20t9 a POA Irene Martins,Assistant Secretary EXHIBIT D Bond No: 0865287 City of Bakersfield LABOR AND MATERIALS BOND Buena Vista 6577,LLC a The City of Bakersfield ("City") and California Limited Liability Comp, VlnClpal") have entered into an agreement dated ,20_("Agreement"),whereby Principal has agreed to install and complete certain designated public improvements for the following project: Tract 6577 Phase 5 On-Site ("Project"). The Agreement, incorporated herein by this reference, requires Principal, before entering into the performance of the work, to furnish a good and sufficient payment bond securing claims to which reference is made in Civil Code sections 9000 through 9566("Labor and Materials Bond"). To that end, Principal and Harco National Insurance Company ("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 $ 572,002.00 for materials and/or labor, of any kind,furnished for the Project, or for amounts due under the Unemployment Insurance Act with respect to the work or labor,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 in full 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 9000 through 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 to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney'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 of the Agreement or to the work to be performed thereunder or to the related specifications shall in anywise affect its obligations under 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 been duly executed by the principal and surety above named, March 14 on ,2025. PRINCIPAL Buena vistas 6577,LLC a California SURETY -Harco N Tonal Insurance Company O Limited Liability Company By: V By: Its: ,, !' Its: Attorne In-F ct:Justin Smit LABOR AND MATERIALS BOND Last Revised:November 20,2013 seal EXHIBIT D 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 Fresno ) On March 14,2025 beforeme Roberta Voss Notary Public (insert name and title of the officer) personallyappeared Justin Smit 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, 4�...e ROBERTAVOS®S® WITNESS my hand and official seal. '.° NOTARY UBLIC-SION CALIF" FRESNO COUNTY My Comm.Exp.January 19,2-26 Signature Je;�,Lrz. (Seal) EXHIBIT D 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 Kern ) On March 18, 2025 before me, Lisa Ann Hickerson, Notary Public (insert name and title of the officer) personally appeared Rick Williams 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 * tv LISAANNHICKERSON Notary Public-CaliforniaKern CounCommission#2377719 My Comm.Expires Oct 6,2025 Signatur _ aWV1 ZC (Seal) EXHIBIT D POWER OF A` TO RN EY Bond# 0810015 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,a corporation 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 Roiling Meadows,Illinois and Newark,New Jersey,do hereby constitute and appoint MATTHEW D. DEFENDiS, ROBERTA VOSS, JUSTIN SMIT Fresno,CA their true and lawful attomey(s)-in-fact to execute,seat 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 as binding upon the said HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY,as fully and'amply,to ail Intents and purposes,as if the 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 of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 13th day of December,2018 and by the Board of Directors of HARCO NATIONAL INSURANCE COMPANY at a meeting held on the 13th day of December,2018, "RESOLVED, that (1) the Chief Executive Officer, President, Executive Vice President, Senior Vice President,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 of the Corporation and affix the Corporation's seal thereto, bonds, undertakings, recognizances,contracts of indemnity and other written obligations in the nature thereof or related thereto; and(2)any such Officers of the Corporation may a pint and revoke the appointments of joint-control custodians agents for acceptance of process,and Attorne s-ln fact with authority to execute Y AP, AP I � 13 P p Y tY 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 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.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 as though manually affixed." i I iN WITNESS WHEREOF,HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY have each executed and attested these presents on this 31st day of December,201$ STATE OF NEW JERSEY Q STATE OF ILLIN0IS ;sir ptfiR� `+ 4 County of Essex .Ott # ' �'a C fIC'xn m County of Cook - ; SEAL .I { '��,� �� Kenneth Chapman K•���','�„�,'�,,"��4+''* � Executive Vice President,Harco National Insurance Company and International Fidelity Insurance Company On this 31st day of December,2018 before me came the Individual who executed the preceding Instrument,to me personally known,and, j 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. ,ti,.+`t''a A+ fe 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. 19 Bn01s, lf;J�iE211 Shirelle A.Outley a Notary Public of New Jersey My Commission Expires April 04,2023 CERTIFICATION 1,the undersigned offlcer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby 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 in said Power ofAttomey,with the originals on file in the home office of said companies,and that the,same are correct transcripts thereof,and of the whole of the said originals,and that the said Power of Attorney has not been revoked and Is now in full force and effect. IN TESTIMONY WHEREOF,I have hereunto set my hand on this day,March 14,2025 I A01047 DlBuduo&DeFendis Insurance VER2212019e PQA ^�Irene Marlins,Assistant Secretary EXHIBIT D EXHIBIT E Insurance BUENVIS-09 TCAMARGO DATE(MM/DD/YYYY) �... CERTIFICATE OF LIABILITY INSURANCE 1/10/2025 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 pollcy(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 License#OE02096 CO CT Thelma Camargo DiBuduo&DeFendis Insurance Brokers,LLC PHONE P.O.Box 9548 (A/c,Na,Ext): rkcx.No:661 322-9714 Bakersfield,CA 93389-9548 E' A the1I#a-Camar9o@dibu.com INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Scottsdale Insurance Companv 41297 INSURED INSURER B Buena Vista 6577 LLC INSURER C: P.O.Box 22617 INsuRER 0: Bakersfield,CA 93390 INSURER E INSURER F: 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. 1 SR TYPE OF INSURANCE ADDL SUER POLICY EFF POLICY EXP POLICY NUMBER LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE l A OCCUR X CPS8034191 7/10/2024 7/10/2025 DAMAGE TO RENTED $ 100,000 MEDEXP(Any oneperson) $ S,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE _ $ 2,000,000 X POLICY[]jPCOT LOC PRODUCTS•COMP/OP AGG $ 0 OTHER; AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY (go accident) S OWNED SCHEDULED O BODILY INJURY Per person) $ OWNED — AUTOS ONLY AUTOS £p BO�DILY INJURY Per accident S ___- ALTOS ONLY AUTOS ONLY P.OncGdTit AMAGE $ UMBRELLA LIAR OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE _ DED RETENTION$ $ _� WORKERS COMPENSATION AND EMPLOYERS'LIABILITY Y/N PER OTH- ONpFICERIME ffl)l EXCLUDED?ECUTIVE ❑ N/A E.L-EACH ACCIDENT (Mandatory In NH) E.L.DISEASE-EA EMPLOYE $ S6 describe under DESCRIPTION OF OPERATIONS below E-L,DISEASE-POLICY LIMIT S DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORO 101,Additlonat Remoft Schedule,may be attached IF mores ace Is requtrad IF ANY FORMS ARE REFERENCED BELOW OR ATTACHED TO AND PART OF THIS CERTIFICATE,THEY WILL APALY AS REQUIRED PER WRITTEN CONTRACT OR WRITTEN AGREEMENT BETWEEN THE LISTED PARTIES AND THE INSURED AND ARE SUBJECT TO THE POLICY PROVISIONS,IN THE ABSENCE OF SUCH WRITTEN CONTRACT OR WRITTEN AGREEMENT,THE REFERENCED OR ATTACHED FORMS MAY NOT BE APPLICABLE. City of Bakersfield,mayor's council,Its employees,agents and volunteers are included as Additional Insured on the General Liability as required by written contract per attached form#CG20181219, CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Bakersfield THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Risk Management Division ACCORDANCE WITH THE POLICY PROVISIONS. 1501 Truxtun Ave. Bakersfield,CA 93301 AUTHORIZED REPRESENTATIVE I AZF25 ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD EXHIBIT E POLICY NUMBER: CPS8034191 COMMERCIAL GENERAL LIABILITY CG 20 1812 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL I - MORTGAGEE, ASSIGNEE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Names Of Persons Or Or anilntion s Designation Of Premises CITY OF BAKERSFIELD BUENA VISTA & MCCUTCHEN, BAKERSFIELD, CARE OF CITY OF BAKERSFIELD, MAYOR'S CA 93311 COUNCIL, ITS EMPLOYEES, AGENTS AND VOLUNTEERS ARE INCLUDED AS ADDITIONAL INSURED. RISK MANAGEMENT DIVISION. 1501 TRUXTUN AVE BAKERSFIELD CA 93301 Information required to complete this Schedule, if not shown above will be shown in the Declarations. A. Section If — Who Is An Insured is amended to C. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following is added to organization(s) shown in the Schedule, but only Section III—Limits Of Insurance: with respect to their liability as mortgagee,assignee If coverage provided to the additional insured is or receiver and arising out of the ownership, required by a contract or agreement, the most we maintenance or use of the premises by you and will pay on behalf of the additional insured is the shown in the Schedule. amount of insurance: However: 1. Required by the contract or agreement;or 1. The insurance afforded to such additional 2. Available under the applicable limits of insured only applies to the extent permitted by insurance; law;and 2. If coverage provided to the additional insured is whichever is less. required by a contract or agreement, the This endorsement shall not increase the applicable insurance afforded to such additional insured limits of insurance. 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. i i CG 20 18 12 19 ©Insurance Services Office, Inc.,2018 Page 1 of 1 i 1 i 3 EXHIBIT E Gang 414900 BAKERSFIELD THE SOUND OF 5OW4141 Ve av 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 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: Kc,� (so`20'2- Name: M C4 ' r'I PKO-e-� Name: & '�( f (Print or type) Signature) Company Name (if any): Buena Vista 6577, LLC Telephone:_(10U("(c q— 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 tees. Risk Management-09/19 i EXHIBIT E i Buena Vista TR6577, LLC March 6,2025 City of Bakersfield 1501 Truxtun Ave Bakersfield,CA 93301 RE:Tract 6577 Ladies and Gentlemen: Buena Vista 6577, LLC does not have employees, and therefore, does not carry workers'compensation insurance. Buena Vista 6577, LLC does not own any automobile,and therefore does not carry automobile liability insurance. If you have any questions, please feel free to contact me. Sincerely, UN* MaryAnn Froehlich Managing Member PO Box 22617, Bakersfield, CA 93390 8803 Swigert Ct., Bakersfield CA 93311 (661)664-7130 EXHIBIT E LANDSCAPE IMPROVEMENT AGREEMENT NO. FOR Tract 6577 Unit 5 This LANDSCAPE IMPROVEMENT AGREEMENT ("Agreement") is made and entered into on ("Effective Date") by and between the CITY OF BAKERSFIELD, a municipal corporation (referred to herein as "City") and Buena Vista 6577 LLC., a California Limited Liability Company authorized to do business in California (referred to herein as "Developer"). RECITALS WHEREAS, Developer is developing and subdividing land in the City of Bakersfield, commonly referred to as Tract 6577 Unit 5(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. NOW THEREFORE, incorporating herein the above recitals, City and Developer agree as follows: 1. IMPROVEMENTS. Developer must construct, install, and complete all LANDSCAPE IMPROVEMENT AGREEMENT—2Party G\GROUPDAT\AGREEMENTS\2025 PW AGREEMENTS\TR 6577-5 LS AGR.Docx Updated—August 16,2022 Page 1 of 13 i landscape and irrigation improvements as required by this Agreement and as required in the resolution adopted by the City Planning Commission on August 3, 2006, 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. 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. 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. i 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. The Maintenance and Guarantee Period will end when City issues the LANDSCAPE IMPROVEMENT AGREEMENT-2 Party G:\GROUPDAT\AGREEMENTS\2025 PW AGREEMENTS\TR 6577-5 LS AGR.Dacz Updated-August 16,2022 Page 2 of 13 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. Based upon an Engineer's Estimate, attached hereto and incorporated by reference as Exhibit B, Developer must provide security as described herein and detailed in Exhibit C, that establishes the following obligations: 5.1.1. Performance of the obligations of the Agreement by a full and timely completion of the Improvements (herein "Performance Security"); 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 (herein "Labor & Materials/Payment Security") 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 as outlined in Exhibit C. The original security documents satisfying this requirement are attached herein as Exhibit D. 5.3.2. Developer must ensure that all security is current and that there LANDSCAPE IMPROVEMENT AGREEMENT—2 Party GAGROUPDAT\AGREEMENTS\2025 PW AGREEMENTS\TR 6577-5 LS AGR.Docx Updated—August 16,2022 Page 3 of 13 I i a 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 C. 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 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 LANDSCAPE IMPROVEMENT AGREEMENT-2 Party G:\GROUPDAT\AGREEMENTS\2025 PW AGREEMENTS\TR 6577-5 LS AGR.Docx Updated-August 16,2022 Page 4 of 13 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; i 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 LANDSCAPE IMPROVEMENT AGREEMENT-2 Party G:\GROUPDAT\AGREEMENTS\2025 PW AGREEMENTS\TR 6577-5 LS AGR.Docx Updated-August 16,2022 Page 5 of 13 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. 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 or judicial tribunals of any kind whatsoever, arising out of, connected with, or caused by Developer or Developer's employees, agents, independent LANDSCAPE IMPROVEMENT AGREEMENT—2 Party G:\GROUPDAT\AGREEMENTS\2025 PW AGREEMENTS\TR 6577-5 LS AGR.Docx Updated—August 16,2022 Page 6 of 13 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 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 LANDSCAPE IMPROVEMENT AGREEMENT-2 Party G:\GROUPDAT\AGREEMENTS\2025 PW AGREEMENTS\TR 6577-5 LS AGR.Docx Updated-August 16,2022 Page 7 of 13 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. 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 LANDSCAPE IMPROVEMENT AGREEMENT-2 Party G:\GROUPDAT\AGREEMENTS\2025 PW AGREEMENTS\TR 6577-5 LS AGR.Docx Updated-August 16,2022 Page 8 of 13 I 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 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 LANDSCAPE IMPROVEMENT AGREEMENT-2 Party G:\GROUPDAT\AGREEMENTS\2025 PW AGREEMENTS\TR 6577-5 LS AGR.Docx Updated-August 16,2022 Page 9 of 13 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: Buena Vista 6577 LLC 8803 Swigert Court Bakersfield California 93311 Telephone: (661) 664-7130 Email: glenn@froehlichhomes.com Surety: Harco National Insurance Company DiBudue & DeFendis Insurance Brokers, LLC Attn: Justin Smit, Bond Manager 6873 N Wet Avenue Suite 101 Telephone: (559)-432-0222 License No.: OE2096 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, LANDSCAPE IMPROVEMENT AGREEMENT-2 Party GAGROUPDAT\AGREEMENTS\2025 PW AGREEMENTS\TR 6577-5 LS AGR.Docx Updated-August 16,2022 Page 10 of 13 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. Mercer 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. 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. LANDSCAPE IMPROVEMENT AGREEMENT-2 Party G:\GROUPDAT\AGREEMENTS\2025 PW AGREEMENTS\TR 6577-5 LS AGR.Docx Updated-August 16,2022 Page 1 1 of 13 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. 86-2680263. Developer is a corporation? Yes No X (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. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first written above. CITY DEVELOPER CITY OF BAKERSFIELD Buena Vista 6577 LLC By: KAREN GOH By: Mayor Print Name: Title: By: Print ........... [Signatures on Following Page] ..................... LANDSCAPE IMPROVEMENT AGREEMENT 2 Party GAGR0UPDA1\AGREEMEN1S\2025 PW AGREEMENTS\TR 65//-5 LS AGR Docx Updated-August 16,2022 Page 12 of 13 APPROVED as to content PUBLIC WORKS DEPARTMENT By: ZACHARY MEYER Public Works Director APPROVED as to form: VIRGINIA GENNARO City Attorney By: VIRIDIANA GALLARDO-KING Deputy City Attorney Insurance/Surety: COUNTERSIGNED: By: RANDY MCKEEGAN Finance Director Attachments: Exhibit A-Checklist for Notice of Completion Exhibit B-Engineer's Estimate Exhibit C-Required Security Exhibit D-Security Exhibit E-Insurance LANDSCAPE IMPROVEMENT AGREEMENT-2 Party G:\GROUPDAT\AGREEMENTS\2025 PW AGREEMENTS\TR 6577-5 LS AGR.Docx Updated-August 16,2022 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 I COUNTY OF r-�[1) On MwOk H. 201rbefore me, �ISAAv,, 1), Notary Public, Date (here insert name and title of the officer) personally appeared I Ck— VV I"i A-ryl I 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 iu 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 sea]. LISA ANN HICKERSON r- z'-1-1-7�Notary�Pubiic-�Ca[jfornja Kern Countv Commission#2377729 y Corm. Expires Oct 6,2025 Signature: bj-v) a, (Sea]) - OPTIONAL Description of Attached Document Title or'I'vpe of Document: Number of Pages: Document Date: Other: moat ^qk)tlqy (-4Dh EXHIBIT A Checklist for Notice of Completion LANDSCAPE IMPROVEMENT AGREEMENT-2 Party G:\GROUPDAT\AGREEMENTS\2025 PW AGREEMENTS\TR 6577-5 LS AGR.Docx Updated-August 16,2022 Page 14 of 13 '4. �y3 L1 J 9t51 1'*,4 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 EXHIBIT B Engineer's Estimate BOND ESTIMATE -Landscaping Dater 3/6/2025 for City of Bakersfield Tracts Job No: 13-057.01 Tract:6577 Unit 5 Prepared By: JAG Item No. Item Description Qty Unit Unit$ Item$ Landscape 1. Right of Way Landscape, Berkshire 5986 sf 10.00 59,860 Sub-Total 59,860 TOTAL IMPROVEMENTS: 59,860 20 % Contingency: 11,972 ENFORCEMENT COST: 8979 TOTAL IMPROVEMENT BOND: 80,811 50% LABOR BOND: 40,406 ',,q??OFESS � m IVI\- �� �0F CALtF��` MCINTOSH & ASSOCIATES,Civil Engineers&Land Surveyors,2001 Wheelan Court,Bakersfield,California 93309 6577_5 LSBOND.XLS Pagel of 1 EXHIBIT B Landscaping EXHIBIT C Requires! Security i i i I I 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 B 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. i EXHIBIT C EXHIBIT D Security t ` n Bond No: 0865288 City of Bakersfield Premium:$1,474.00 PERFORMANCE BON® Buena Vista 6577,LLC a California Limited Liability Company, The City of Bakersfield ("City") and ('Principal") have entered into an agreement dated 20_("Agreement"),whereby Principal has agreed to install and complete certain designated public improvements for the following project: Tract 6577 Phase 5 Landscaping . The Agreement, incorporated herein by this reference, requires Principal to furnish a bond securing Principal's performance of the obligations of the Agreement("Performance Bond"). To that end, Principal and Harco National Insurance Company ('Surety") are held and firmly bound unto the City in the penal sum of$80,811.00 for the payment of which sum well and truly to be made, we bind ourselves and our heirs, successors, executors, and administrators, jointly and severally,firmly by these 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 made 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 City's officers, agents, and employees as therein 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 rendered. 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 been duly executed by Principal and Surety on March 14 2025. PRINCIPAL Buena Vista 6577,LLC SURETY Harco ional Insurance Company California Limited Liability Company 4 By: By, Its: LrwdAcr% / Its! Attor+ey-1 -Fact:Justin Smit PERFORMANCE BOND Last Revised:December 6,2013 seal EXHIBIT D 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 Fresno ) On March 14,2025 beforeme Roberta Voss Notary Public (insert name and title of the officer) personallyappeared Justin Smit 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. k ROBERTAVOSS WITNESS my hand and official seal. NOTARY PUBLIC-CALIFORNIA COMMISSION#2387978 " FRESNO COUNTY My Comm.Exp.January 19,2026 4 Signature (Seal) i i i i i i i EXHIBIT D 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 Kern ) On March 18, 2025 before me, Lisa Ann Hickerson, Notary Public (insert name and title of the officer) personally appeared Rick Williams 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. 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. 5E, °°T LISAANN HICKERSON Notary Public-Caiifornia z = y Kern County > Z Commission#2377729 `'4 FaF My Comm.Expires Oct 6,2025 Signature CY (Seal) i EXHIBIT D - 4 POWER. OF ATTORNEY Bond# 0810015 -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,a corporation 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 MATTHEW D. DEFENDIS, ROBERTA VOSS, JUSTIN SMIT Fresno,CA their true and lawful attomey(s)-in fact to execute,seat 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 as binding upon the said HARCO 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 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 of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 13th day of December,2018 and by the Board of Directors of HARCO NATIONAL INSURANCE COMPANY at a meeting held on the 13th day of December,2018, "RESOLVED, that (1) the Chief Executive Officer, President, Executive Vice President, Senior Vice President,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 of the Corporation and affix the Corporation's seal thereto, bonds, undertakings, 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 Offcer 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 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.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 as though manually affixed." IN WITNESS WHEREOF,HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY have each executed and attested these presents on this 31st day of December,2018 STATE OF NEW JERSEY ,`��4�r�v�rN•tit : p STATE OF iLLINOIS 0; ,6ii+Oit County of Essex SigCounty of Cook" S 1tt Aly Kenneth Chapman - Executive Vice President,Harco National insurance Company f��ir►,ari` and International Fidelity Insurance Company On this 31st day of December,2018 before me came the individual who executed the preceding Instrument,to me 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. 4•���PtA� IN TESTIMONY WHEREOF,I,have hereunto set my hand affixed my Official Seal,at the City of Newark, .'`Div "•�a���. New Jersey the day and year first above written. JEFl�4'� Shirelle A.Outle a NotaryPublic of New Jersey� My Commission Expires April 04,2023 CERTIFICATION 1,the undersigned officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby cartif 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 in said Power of Attorney,with the originals on file in the home office of said companies,and that the same are correct transcripts thereof,and of the whole of the said originals,and that the said Power of Attorney has not been revoked and Is now in full force and effect. IN TESTIMONY WHEREOF,i have hereunto set my hand on this day,March 14,2025 A01047 D1Buduo&DeFendis Insurance VER2 212019 e—POA Irene Martins,Assistant Secretary EXHIBIT D Bond No: 0865288 City of Bakersfield LABOR AND MATERIALS BOND Buena Vista 6577,LLC a California Limited Liabilit C y om � y, �� The City of Bakersfield ("City") and Principal ) have entered into an agreement dated , 20_("Agreement"),whereby Principal has agreed to install and complete certain designated public improvements for the following project: Tract 6577 Phase 5 Landscaping ("Project"). The Agreement, incorporated herein by this reference, requires Principal, before entering into the performance of the work, to furnish a good and sufficient payment bond securing claims to which reference is made in Civil Code sections 9000 through 9566("Labor and Materials Bond"). To that end, Principal and Harco National Insurance Company ("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 $ 40,406.00 for materials and/or labor, of any kind,furnished for the Project, or for amounts due under the Unemployment Insurance Act with respect to the work or labor, 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 in full 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 9000 through 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 to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney'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 of the Agreement or to the work to be performed thereunder or to the related specifications shall in anywise affect its obligations under 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 been duly executed by the principal and surety above named, on arch 14 2025. PRINCIPAL Buena Vista 6577,LLC a California SURETY -Harc ational Insura ompany r• 'mited Liability Company By: By: Its:_ 0 4L Its: Attorne -In Fact:Justin Smit i I I i LABOR AND MATERIALS BOND Last Revised:November 20,2013 seal I EXHIBIT D 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 Fresno ) On March 14,2025 beforeme, Roberta Voss Notary Public (insert name and title of the officer) personallyappeared Justin Smit 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. oFr R BERTAVOSS NOTARY PUBLIC-CALIFORNIA COMMISSION#2387978 ' • " FRESNO COUNTY My Comm.Exp.January 19,2026 Signature (Seal) EXHIBIT D 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 Kern ) On March 18, 2025 before me, Lisa Ann Hickerson, Notary Public (insert name and title of the officer) personally appeared Rick Williams 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. *my UsAANN HiCKERSON Notary Public-CaliforniaKern County Commission#23�2025 Comm.Expires O Signature (Seal) i i I I I I EXHIBIT D e t POWER OF ATTORNEY Bond# 0810015 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,a corporation 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 Roiling Meadows,Illinois and Newark,New Jersey,do hereby constitute and appoint MATTHEW D. DEFENDIS, ROBERTA VOSS, JUSTIN SMIT Fresno,CA their true and lawful attomey(s)-in-fact to execute,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 as binding upon the said HARCO 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 at Weir 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 bythe Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 13th day of December,2018 and by the Board of Directors of HARCO NATIONAL INSURANCE COMPANY at a meeting held on the 13th day of December,2018, "RESOLVED, that (1) the Chief Executive Officer, President, Executive Vice President, Senior Vice President,Vice President, or Secretary of the Corporation shall have the power to appoint,and to revoke the appointments of,Attomeys-in-Fact or agents with power and authority as defined or limited In their respective powers of attorney, and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings, 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 Attorneys4ri 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 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 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 as though manually affixed." IN WITNESS WHEREOF,HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY have each executed and attested these presents T- l on this 31st day of December,2018 �•t`"`,"'�����t STATE O NEW JERSEY STATE OF ILLiNOIS y° �M7,.�-`VQ4-N.,0, County of Cook s ara a SEAL r,F J� I604 N Kenneth Chapman .,f4r �.�:V Executive Vice President,Harco National Insurance Company and international Fidelity Insurance Company On this 31st day of December,2018 before me came the Individual who executed the preceding Instrument,to me 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. IN TESTIMONY WHEREOF I have hereunto set m band affixed rn Official Seal,atthe City of Newark, `'� ' Y Y .��� � OL�pr New Jersey the day and year first above written. , iits Shirelle A,Outley a Notary Public of New Jersey My Commission Expires April 04,2023 CERTIFICATION 1,the undersigned officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit,and the copy of the Sections of We By-Laws of said Companies as set forth in said Power ofAttomey,with the originals on file In the home office of sold companies,and that the same are correct transcripts thereof,and of the whole of the said originals,and that the said Power of Attorney has not been revoked and is now in full force and effect. IN TESTIMONY WHEREOF,I have hereunto set my hand on this:Jay,Niarch 14,2025 A01047 DlBuduo&DeFendls Insurance a tf L VER2 2i2019 a POA Irene Martins,Assistant Secretary EXHIBIT D EXHIBIT E Insurance "�"�Y�ry'"'�► BUENVIS-09 TCAMARGO DATE(MMIDDNYYY) �,....+� CERTIFICATE OF LIABILITY INSURANCE 1/1012025 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 poilcy(!es)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 License#OE02096 co cT Thelma Camargo DiBuduo$DeFendis Insurance Brokers,LLC PHONE F Na;SS1 322-9714 P.O.Box 9548 (AIC,No,Est Bakersfield,CA 93389-9548 X-O%Afiss,theima.camargo@dibu.com INSURERS AFFORDING COVERAGE NAIC# INSURER A:Scottsdale Insurance Co ipany 41297 INSURED INSURER B: Buena Vista 6577 LLC INSURER C: P.O.Box 22617 INSURER 0 Bakersfield,CA 93390 INSURER.E INSURER F 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 ADOLSUBR POLICY EFF POLICY EXP TYPE OF INSURANCE POLICY NUMBER LIMITS I A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S 1,000,000 CLAIMS-MADE OCCUR X GPS8034191 7/10/2024 7/10/2025 DAMAGE TO RENTED $ 100,000 -RE ES =urroncol MEDEXP(Any oneperson) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY 1:1 19GQr F I LOC PRODUCTS-COMPIOPAGG $ 0 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANYAUTO BODILY INJURY Per erson S OWNED SCHEDULED AUTOS ONLY AUTOS ryry��pp BODILY INJURY(Per accident S ®-. A�RTOS ONLY AUTOSWONLY Pe�ac de 1 ld1AGE $ UMBRELLA LIAR [71OCCUR EACH OCCURRENCE $ !DE XCESS LIAR CLAIMS-MADE AGGREGATE S D RETENTION$ S WORKERS COMPENSATION I PER OTH. AND EMPLOYERS'LIABILITY Y I N ANFICERI PROPRIETOR/PARTNER/EXECUTIVE NEED?ECUTIVE a N f A E.L.EACH ACCIDENT $ ( andatory In NH) If es describe under E.L.DISEASE-EA EMPLOYEE S DESCRIPTIONOF OPERATIONS below E.L..DISEASE-POLICY LIMIT S IT , I _F I DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 1e1,Additional Remarks Schedule,ma be atlached Il mores ace Is required IF ANY FORMS ARE REFERENCED BELOW OR ATTACHED TO AND PART OF THIS 6ERTIFICATE,THEY WILL APPLY AS REQUIRED PER WRITTEN CONTRACT OR WRITTEN AGREEMENT BETWEEN THE LISTED PARTIES AND THE INSURED AND ARE SUBJECT TO THE POLICY PROVISIONS,IN THE ABSENCE OF SUCH WRITTEN CONTRACT OR WRITTEN AGREEMENT,THE REFERENCED OR ATTACHED FORMS MAY NOT BE APPLICABLE. City of Bakersfield,mayor's council,Its employees,agents and volunteers are included as Additional Insured on the General Liability as required by written contract per attached form#CG20181219. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Bakersfield THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Risk Management Division 1501 Truxtun Ave. Bakersfield,CA 93301 AUTHORIZED ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD EXHIBIT E POLICY NUMBER: CPS8034191 COMMERCIAL GENERAL LIABILITY CG 20 18 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURE - MORTGAGEE, ASSIGNEE OR RECEIVER This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL.LIABILITY COVERAGE PART SCHEDULE Names Of Persons Or Organization(s) Designation Of Premises CITY OF BAKERSFIELD BUENA VISTA & MCCUTCHEN, BAKERSFIELD, CARE OF CITY OF BAKERSFIELD, MAYOR'S CA 93311 COUNCIL, ITS EMPLOYEES, AGENTS AND VOLUNTEERS ARE INCLUDED AS ADDITIONAL INSURED. RISK MANAGEMENT DIVISION. 1501 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 C. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following is added to organization(s) shown in the Schedule, but only Section III—Limits Of Insurance: with respect to their liability as mortgagee,assignee if coverage provided to the additional insured is or receiver and arising out of the ownership, required by a contract or agreement, the most we maintenance or use of the premises by you and will pay on behalf of the additional Insured is the shown In the Schedule, amount of insurance: However: 1. Required by the contract or agreement;or 1. The insurance afforded to such additional 2. Available under the applicable limits of insured only applies to the extent permitted by insurance; law; and 2. If coverage provided to the additional insured is whichever is less. required by a contract or agreement, the This endorsement shall not increase the applicable Insurance afforded to such additional insured limits of insurance. 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. CG 2018 1219 ©Insurance Services Office, Inc.,2018 Page 1 of 1 EXHIBIT E ( 03 BAKERSFIELD THE SOUND 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 low 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: -Kcv-r� Name: Name: u (Print or type) �Signature) Company Name (if any): Buena Vista 6577, LLC - Title: Telephone: COUI--Wq-. ,,I I Q, Warning: In Calilbrnia, 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 attorneys fees. Risk Management—09/19 EXHIBIT E Buena �^��� �������� � K � ~~ ` � ~ ~ ~~`~~~ ^ ^ v ~�~~~� March 6, 2O25 City ofBakersfield 1501 Truxtun Ave Bakersfield, CA9]3O1 RE:Tract 6577 Ladies and Gentlemen: Buena Vista 6577, LLC does not have employees, and therefore, does not carry workers' compensation insurance. Buena Vista 6577, LLC does not own any automobile, and therefore does not carry automobile liability insurance. \f you have any questions, please feel free tm contact me. Sincerely, MaryAnnFroeh|ich Managing Member PO Box Z2G17, Bakersfield, CA933gO 08O3SwigeUCt, Bakersfield C49331l /661> 664-7130 EXHIBIT J U 7 Q o LQ LO LL Z � �I 5� ti r— 0 LO ON M avow a3Na O10 1 1 1 I 1 a p 11J a zz 1 J a 1 0 � Q 1 z o 1 <`"> mz i�uuuuuuuuw � � iuuuuuuuuuuw ' umumw a ________________ ____ ___ ____ _ II avow vlsin vrv3na w co CN M mw o ' M H 10, 00, LU z 1 Q a i N M --------------------------------------------------------------------- ------------------------------------------- a 7 � c A �f o i a i i 12 � 3 III � 1 RECORDING REQUESTED BY AND FOR THE BENEFIT OF THE CITY OF BAKERSFIELD WHEN RECORDED MAIL TO: CITY CLERKS OFFICE CITY HALL 1600 TRUXTUN AVE. BAKERSFIELD, CA 93301 MD 3-108 No recording fee required:exempt pursuant to Government Code Section THIS SPACE FOR RECORDER'S USE ONLY 27383 Government agency acquiring title—exempt from Documentary Transfer Tax per R&T Code 11922 GC 27388.1(a)(1):Recorded document is expressly exempted from payment of recording fees(FBO)Govt.agency) Existing Legal: Lot 1 of Lot Line Adjustment No. 16-0443 per Certificate of Compliance Recorded February 21,2018 as Document No.218019650 Official Records in the office of the Kern County Recorder; also being a portion of Section 30,T.30S.,R.27E.,M.D.M., in the City of Bakersfield,County of Kern,State of California Map or Project Number: Tract 6577 Unit 5 ATN(s): 541-010-65-00-6 COVENANT DISCLOSING INCLUSION IN MAINTENANCE DISTRICT TlIlS COVENANT is executed on MCX:(%QN 2025 by Buena Vista 6577,LLC,a California limited liability company, in Bakersfield, herein after referred to as ("Owner"), in connection with the Consolidated Maintenance District, located in the City of Bakersfield, CA. The real property herein described is located within the Consolidated Maintenance District and may be assessed on an ongoing, yearly basis for maintenance of a public park and landscaping on public rights-of way within the district. The appropriate Street and Park Tiers will be assigned by the Parks and Recreation Department, Assessment is imposed in accordance with California Proposition 218 with the Consent of the Majority Property Owner(s) as can be seen on the ballot cast and attached as Exhibit W. Although this property may have been assessed a lesser amount in the present tax year, the ultimate estimated annual assessment for maintenance of a public park and public landscaping based on full build out of this district, is $272.75 per equivalent dwelling unit, based on fiscal year 2024-2025 dollars and labor costs of the district. In each subsequent year, annual assessments may increase by the cost of living reflected in the Los Angeles - Riverside - Orange County / All Urban Consumers Consumer Price Index. (See Bakersfield City Council Resolution No. 019-05.) This covenant may not be amended or modified without the prior approval of the City of Bakersfield. This covenant shall run with the land. Dated This: Micy"u-1 R, W2_s Buena Vista 6577, LLC,a California limited liability company e e 1�,au I,-,Lt)1JL'V,4 Rickey VWilliams,lffember / City of Bakersfield Zachary Meyer NOTE: All owner(s)/developer(s)signatures must be notarized. Public Works Director Exhibit 'A' to the Covenant Disclosing Inclusion in a Maintenance District. PROPOSITION 218 BALLOT CITY OF BAKERSFIELD CONSOLIDATED MAINTENANCE DISTRICT This assessment ballot is for the use of the property owner of the parcel(s) identified below, which are proposed to be included in the City of Bakersfield Consolidated Maintenance District(CMD). This assessment ballot may be used to express either support for or opposition to inclusion within the CMD. To be counted, this assessment ballot must be signed below by the owner or, if the owner is not an individual, by an authorized representative of the owner. [TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE] OFFICIAL ASSESSMENT BALLOT Property Owner: Buena Vista 6577, LLC, a California limited liability company Property description: 541-010-65-00-6 (Address &1or ATN(s)) The individual annual assessments for fiscal year 2023-2024 shall not exceed$262.20 per equivalent dwelling unit plus any costs incurred by the City from the County Assessor's office for adding parcels to the Tax Roll. NOTE: In each subsequent year, annual assessments may increase by the cost of living reflected in the Los Angeles—Riverside—Orange County/All Urban Consumers Consumer Price Index. ASSESSMENT BALLOT MEASURE Shall the City Council of the City of Bakersfield include the above described ✓ Yes property within the Consolidated Maintenance District and levy an assessment not to exceed 0 No the amount set forth above? Buena Vista 6577, LLC, a California limited liability company Owner Signature: 1A Title (if representing owner): Rickey C. Williams, Member Date: .......................... .......... .................. .......... 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 On i�,'202-5 before me USQ A-vi/l Notary Public, Date (here insert name and title ofthe officer) personally appeared i Cy lltm-Ck'#IWO 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. LISA ANN HiCKERSON California Notary Public Z Kern Countv > Commission#2377729 y Comm.Expires Oct 6, 2025 Signature: 0EP, a411111 (Seal) OPTIONAL Description of Attached Document Title or Type of Document: Number of Pages: Document Date: otmii: 2015 Anostille Service, 707-992-5551 wwwCaliforuiaApostille.LIS ('alitbrnia Mobile Notary Network xvmv.( AMNN.con1 ....................... ...................................... Recording requested by and for the benefit of the CITY OF BAKERSFIELD and when recorded, mail to : CITY OF BAKERSFIELD City Clerk 1600 Truxtun Ave. Bakersfield, CA 93301 Tract Map No. 6577 Unit 5 SPACE ABOVE THIS LINE FOR RECORDER'S USE No recording fee required:exempt pursuant to Government Code Section 27383. The undersigned Grantor(s)declare(s)that the Documentary Transfer Tax is$0 Grantee is Exempt Gov't Agency(R&T Code 11922) GC 27388.1(a)(1): Recorded document is expressly exempted from payment of recording fees(FBO)Govt.agency) CITY OF BAKERSFIELD Bakersfield, California COVENANT RELATING TO ISSUANCE OF CERTIFICATE OF OCCUPANCY THIS COVENANT is executed on this I k day of V\O��LVI,,J-, 2025, by Buena Vista 6577, LLC a California limited liability company, (hereinafter "Owner/s") in connection with the recordation of the final map on the real property which is the subject of that portion of Tract Map No. 6577, located in the City of Bakersfield, California. No Certificate of Occupancy will be issued for any lot until all required improvements have completed by the subdivider and accepted or approved by the City Engineer. This covenant may not be amended or modified without the prior approval of the City of Bakersfield. This covenant shall run with the land. Property description: Lots I through 29 of Tract Map No. 6577 Unit 5, being a portion of Section 30, T.30S., R.27E., M.D.M., City of Bakersfield, County of Kern, State of California. Buena Vista 6577,LLC, a California limited liability company Rickey illiams, Member City of Bakersfield Zachary Meyer Public Works Director .................I ................... ............ ... ......... .............................. ................. .................................... ................ -—------------ ..................................... 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 Y,Cl�-,"I On tAv,0-1 0, before me, L"t sck VAW'V) Notary Public, Date (here insert name and title of the officer) personally appeared 1�t QK(, C LA,I ,q- Tel-� 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. USA ANN HICKERSON Notary Public-California Kern County z Commission#2377729 y Comm,Expires Oct 6,2025 Signature: e�� r,) (Seal) OPTIONAL Description of Attached Document Title or'Type of Document: Number of Pages: Document Date: Other: 2015 AposLille Service, 707-992-5551 www.Calif6rWaAriostilleA1S ('alilbriiiii Mobile Notary Network w\,w.(AMNN.corn ----------- .. .......................................-.............................................. ......... ................................... • BAKERSFIELD ADMINISTRATIVE REPORT MEETING DATE: April 9,2025 AGENDA CATEGORY: Consent—Agreements TO: Honorable Mayor and City Council FROM: Zachary Meyer, Public Works Director DATE: March 27, 2025 SUBJECT: Cooperative Agreement (Caltrans Agreement number 06-1813) with Caltrans for the State Route 99 Southbound to State Route 58 Westbound Connector(8th Movement Project) for the Right-Of-Way portion. (Ward 2) RECOMMENDATION: Staff recommends approval of the Cooperative Agreement. BACKGROUND: The Centennial Corridor Project has now connected State Route (SR) 58 east of SR-99 to the Westside Parkway west of SR-99. The project has provided both a regional and local freeway that significantly improves local circulation and facilitates regional traffic movement. The Centennial Corridor Project has been the largest project in the Thomas Roads Improvement Program (TRIP) and has tied together many of the previously constructed TRIP projects to create a central,east-west,access-controlled transportation corridor through the Bakersfield Metropolitan Area. The next phase of the Centennial Corridor Project involves the connection of Southbound SR-99 to Westbound SR-58, otherwise known as the 8th Movement Project. This cooperative agreement outlines the responsibilities of the City and Caltrans regarding the activities related to Right-Of-Way for the project. The execution of this cooperative agreement will allow the City to obtain E-76 Funding Authorization for $7,100,000 in Trade Corridor Enhancement Program (TCEP) and State Transportation Improvement Program (STIP) Funds. FISCAL IMPACT: The 8th Movement Project is funded with $13,400,000 in TCEP and STIP Funds, and it's subject to State and Federal spending and reimbursement requirements. As the project's designated sponsor, this Agreement designates the City as the responsible agency for securing additional funds when necessary to ensure the Right-Of-Way portion of the project can be completed. Based on preliminary estimates, it is anticipated that the current funding will be adequate to complete this phase of the project. The risk of being the lead on the design and Right of Way of the project is lower than being the lead on construction, it is also difficult to calculate the total risk of serving as the lead. COUNCIL GOAL: Reliable Infrastructure ATTACHMENTS: Agreement 06-1813 Agreement No. 06-1813 Project No.: 0623000112 EA: 06-48468 06-KER-58&99-T52.2;23.4/R52.4;24.2 COOPERATIVE AGREEMENT COVER SHEET Work Description THE CENTENNIAL CORRIDOR SOUTHBOUND(SB)STATE ROUTE(SR)99 TO WESTBOUND(WB)SR 58 CONNECTOR RAMP PROJECT PROPOSES TO CONSTRUCT FREEWAY-TO-FREEWAY CONNECTOR FOR THE SB SR 99 TO WB SR 58 MOVEMENT AT THE EXISTING SR 58/SR99 INTERCHANGE IN THE CITY OF BAKERSFIELD,KERN COUNTY Contact Information The information provided below indicates the primary contact information for each PARTY to this AGREEMENT.PARTIES will notify each other in writing of any personnel or location changes.Contact information changes do not require an amendment to this AGREEMENT. CALTR.4NS Marlo Carlos,Project Manager 2015 E.Shields Avenue Fresno,CA 93726 Office Phone:(559)383-5200 Email:marlo.carlos@dot.ca.gov CITY OF BAKERSFIELD Paul Archer,Project Manager 1601 Truxtun Avenue Bakersfield,CA 93301 Office Phone:(661)326-3350 Email:parcher@bakersfieldcity.us Agreement No.06-1813 1 06-KER-58&991 EA: 06-48468 Page I 1 Agreement No. 06-18I3 Project No.: 0623000112 EA: 06-48468 06-KER-58&99-T52.2;23.4/R52.4;24.2 Table of Contents COOPERATIVE AGREEMENT COVER SHEET..........................................................................................I WorkDescription.........................................................................................................................................I ContactInformation.....................................................................................................................................I CALTRANS.............................................................................................................................................I CITYOF BAKERSFIELD......................................................................................................................1 COOPERATIVE AGREEMENT.....................................................................................................................4 RECITALS.......................................................................................................................................................4 RESPONSIBILITIES.......................................................................................................................................5 Sponsorship..................................................................................................................................................5 ImplementingAgency..................................................................................................................................5 Funding........................................................................................................................................................6 CALTRANS'Quality Management..............................................................................................................6 CEQAINEPALead Agency..........................................................................................................................7 Environmental Permits,Approvals and Agreements....................................................................................7 RIGHTOF-WAY.........................................................................................................................................7 Schedule.......................................................................................................................................................8 AdditionalProvisions...................................................................................................................................9 Standards..................................................................................................................................................9 NoncompliantWork.................................................................................................................................9 Qualifications...........................................................................................................................................9 ConsultantSelection................................................................................................................................9 Encroachment Permits.............................................................................................................................9 ProtectedResources...............................................................................................................................10 Disclosures.............................................................................................................................................10 HazardousMaterials..............................................................................................................................10 Claims....................................................................................................................................................I I Accountingand Audits...........................................................................................................................12 Interruptionof Work..............................................................................................................................12 Penalties,Judgments and Settlements....................................................................................................13 ProjectFiles...........................................................................................................................................13 Agreement No.06-1813 1 06-KER 58&991 EA: 06-48468 Page 12 Agreement No. 06-1813 Project No.: 0623000112 EA: 06-48468 06-KER 58&99-T52.2;23.4/R52.4;24.2 EnvironmentalCompliance...................................................................................................................13 Road Repair and Accountability Act of 2017(SB 1).................................................................................13 GENERALCONDITIONS............................................................................................................................13 Venue..........................................................................................................................................................13 Exemptions.................................................................................................................................................14 Indemnification..........................................................................................................................................14 Non-parties.................................................................................................................................................14 Ambiguityand Performance......................................................................................................................15 Defaults......................................................................................................................................................15 DisputeResolution.....................................................................................................................................15 PrevailingWage.........................................................................................................................................15 FUNDINGSUMMARY.................................................................................................................................17 Funding......................................................................................................................................................19 Invoicingand Payment...............................................................................................................................20 Right-of-Way(R/W)Support.................................................................................................................20 Right-of-Way(R/W)Capital..................................................................................................................20 SIGNATUR.ES................................................................................................................................................21 Agreement No.06-1813 1 06-KER-58&991 EA: 0648468 Page 13 Agreement No. 06-1813 Project No.: 0623000112 EA: 06-48468 06-KER-58&99-T52.2;23.4W2.4;24.2 COOPERATIVE AGREEMENT This AGREEMENT,executed on and effective from ,is between the State of California,acting through its Department of Transportation,referred to as CALTRANS,and: City of Bakersfield,a body politic and municipal corporation or chartered city of the State of California,referred to hereinafter as CITY. An individual signatory agency in this AGREEMENT is referred to as a PARTY.Collectively,the signatory agencies in this AGREEMENT are referred to as PARTIES. RECITALS 1. PARTIES are authorized to enter into a cooperative agreement for improvements to the State Highway System(SHS)per the California Streets and Highways Code,Sections 114 and 130. 2. For the purpose of this AGREEMENT, THE CENTENNIAL CORRIDOR SOUTHBOUND(SB) STATE ROUTE(SR)99 TO WESTBOUND(WB)SR 58 CONNECTOR RAMP PROJECT PROPOSES TO CONSTRUCT A FREEWAY-TO-FREEWAY CONNECTOR FOR THE SB SR 99 TO WB SR 58 MOVEMENTAT THE EXISTING SR 581SR99INTERCHANGE IN THE CITY OF BAKERSFIELD, KERN COUNTY, will be referred to hereinafter as PROJECT.The PROJECT scope of work is defined in the project initiation and approval documents. 3. All obligations and responsibilities assigned in this AGREEMENT to complete the following PROJECT COMPONENT will be referred to hereinafter as WORK: • RIGHT-OF-WAY(R/W) Each PROJECT COMPONENT is defined in the CALTRANS Workplan Standards Guide as a distinct group of activities/products in the project planning and development process. 4. The term AGREEMENT,as used herein,includes this document and any attachments,exhibits,and amendments. This AGREEMENT is separate from and does not modify or replace any other cooperative agreement or memorandum of understanding between the PARTIES regarding the PROJECT. PARTIES intend this AGREEMENT to be their final expression that supersedes any oral understanding or writings pertaining to the WORK.The requirements of this AGREEMENT will preside over any conflicting requirements in any documents that are made an express part of this AGREEMENT. If any provisions in this AGREEMENT are found by a court of competent jurisdiction to be,or are in fact,illegal,inoperative,or unenforceable,those provisions do not render any or all other AGREEMENT provisions invalid,inoperative,or unenforceable,and those provisions will be automatically severed from this AGREEMENT. Agreement No.06-1813 1 06-KER-58&991 EA: 06-48468 Page 14 Agreement No. 06-1813 Project No.: 0623000112 EA: 06-48468 06-KER-58&99-T52.2;23.4/R52.4;24.2 Except as otherwise provided in the AGREEMENT,PARTIES will execute a written amendment if there are any changes to the terns of this AGREEMENT. PARTIES agree to sign a CLOSURE STATEMENT to terminate this AGREEMENT.However,all indemnification,document retention,audit,claims,environmental commitment,legal challenge, maintenance and ownership articles will remain in effect until terminated or modified in writing by mutual agreement or expire by the statute of limitations. 5. The following work associated with this PROJECT has been completed or is in progress: • CALTRANS completed the Project Initiation Document(PID)on January 4,2012 (Cooperative Agreement No.06-1386). • CALTRANS approved the Environmental Impact Report(EIR)on September 29,2023. • CALTRANS approved the Environmental Impact Statement(EIS)on September 29,2023. • CALTRANS is developing the Plans,Specifications,and Estimate(PS&E)(Cooperative Agreement No.06-1800). 6. In this AGREEMENT capitalized words represent defined terms,initialisms,or acronyms. 7. PARTIES hereby set forth the terns,covenants,and conditions of this AGREEMENT. RESPONSIBILITIES Sponsorship 8. A SPONSOR is responsible for establishing the scope of the PROJECT and securing the financial resources to fund the WORK.A SPONSOR is responsible for securing additional funds when necessary or implementing PROJECT changes to ensure the WORK can be completed with the funds committed in this AGREEMENT. PROJECT changes,as described in the CALTRANS Project Development Procedures Manual,will be approved by CALTRANS as the owner/operator of the State Highway System. 9. CITY is the SPONSOR for the WORK in this AGREEMENT. Implementing Agency 10. The IMPLEMENTING AGENCY is the PARTY responsible for managing the scope,cost, schedule,and quality of the work activities and products of a PROJECT COMPONENT. • CITY is the RIGHT-OF-WAY IMPLEMENTING AGENCY. RIGHT-OF-WAY includes coordination with utility owners for the protection,removal,or relocation of utilities;pre-construction monument preservation;the acquisition of right-of- way interests;and post-construction work such as right-of-way monumentation/recordation, relinquishments/vacations,and excess land transactions.The RIGHT-OF-WAY component budget identifies the cost of the capital costs of right-of-way acquisition(RIGHT-OF-WAY Agreement No.06-1813 1 06-KER-58&991 EA: 06-48468 Page 15 Agreement No. 06-1813 Project No.: 0623000112 EA: 06-48468 06-KER-58&99-T52.2;23.4/R52.4;24.2 CAPITAL)and the cost of the staff work in support of the acquisition(RIGHT-OF-WAY SUPPORT). 11. CITY will provide a Quality Management Plan(QMP)for the WORK in every PROJECT COMPONENT that they are implementing.The QMP describes the IMPLEMENTING AGENCY's quality policy and how it will be used.The QMP will include a process for resolving disputes between the PARTIES at the team level.The QMP is subject to CALTRANS review and concurrence. 12. Any PARTY responsible for completing WORK will make its personnel and consultants that prepare WORK available to help resolve WORK-related problems and changes for the entire duration of the PROJECT including PROJECT work that may occur under separate agreements. FundinE 13. Funding sources,PARTIES committing funds,funding amounts,and invoicing/payment details are documented in the Funding Summary section of this AGREEMENT. 14. PARTIES will not be reimbursed for costs beyond the funding commitments in this AGREEMENT. 15. Unless otherwise documented in the Funding Summary,overall liability for project costs within a PROJECT COMPONENT,subject to program limitations,will be in proportion to the amount contributed to that PROJECT COMPONENT by each fund type. 16. Unless otherwise documented in the Funding Summary,any savings recognized within a PROJECT COMPONENT will be credited or reimbursed,when allowed by policy or law,in proportion to the amount contributed to that PROJECT COMPONENT by each fund type. 17. WORK costs,except those that are specifically excluded in this AGREEMENT,are to be paid from the funds obligated in the Funding Summary.Costs that are specifically excluded from the funds obligated in this AGREEMENT are to be paid by the PARTY incurring the costs from funds that are independent of this AGREEMENT. CALTRANS'Quality Management 18. CALTRANS,as the owner/operator of the State Highway System(SHS),will perform quality management work including Quality Management Assessment(QMA)and owner/operator approvals for the portions of WORK within the existing and proposed SHS right-of-way. 19. CALTRANS'Quality Management Assessment(QMA)efforts are to ensure that CITY's quality assurance results in WORK that is in accordance with the applicable standards and the PROJECT's quality management plan(QMP).QMA does not include any efforts necessary to develop or deliver WORK or any validation by verifying or rechecking WORK. When CALTRANS performs QMA,it does so for its own benefit.No one can assign liability to CALTRANS due to its QMA. Agreement No.06-1813 1 06-KER-58&991 EA: 06-48468 Page 16 Agreement No. 06-1813 Project No.: 0623000112 EA: 06-48468 06-KER-58&99-T52.2;23.4/R52.4;24.2 20. CALTRANS,as the owner/operator of the State Highway System,will approve WORK products in accordance with CALTRANS policies and guidance and as indicated in this AGREEMENT. 21. CITY will provide WORK-related products and supporting documentation upon CALTRANS' request for the purpose of CALTRANS'quality management work. CEOA/NEPA Lead Agency 22. CALTRANS is the CEQA Lead Agency for the PROJECT. 23. CALTRANS is the NEPA Lead Agency for the PROJECT. Environmental Permits.Amarovals and Agreements 24. PARTIES will comply with the commitments and conditions set forth in the environmental documentation,environmental permits,approvals,and applicable agreements as those commitments and conditions apply to each PARTY's responsibilities in this AGREEMENT. 25. Unless otherwise assigned in this AGREEMENT,the IMPLEMENTING AGENCY for a PROJECT COMPONENT is responsible for all PROJECT COMPONENT WORK associated with coordinating,obtaining,implementing,renewing,and amending the PROJECT permits, agreements,and approvals whether they are identified in the planned project scope of work or become necessary in the course of completing the PROJECT. 26. The PROJECT will not require environmental permits/approvals. RIGHT-OF-WAY 27. As the RIGHT-OF-WAY IMPLEMENTING AGENCY,CITY is responsible for all RIGHT-OF- WAY WORK except those activities and responsibilities that are assigned to another PARTY and those activities that are excluded under this AGREEMENT. 28. CALTRANS will be responsible for completing the following RIGHT-OF-WAY activities: CALTRANS Work 13ekdav Structure: AQREI1ViT Identtfir(TfA hcable�.. Fumed Cost 100.25.10.xx Quality Management NO 200 Utility Relocation YES 300 Post Construction Record of Survey YES 29. The selection of personnel performing RIGHT-OF-WAY WORK will be in accordance with federal and California laws and regulations,and CALTRANS'policies,procedures,standards,practices, and applicable agreements. 30. CITY will provide a land surveyor licensed in the State of California to be responsible for surveying and right-of-way engineering.All survey and right-of-way engineering documents will Agreement No.06-1813( 06-KER 58&991 EA: 0648468 Page 17 Agreement No. 06-1813 Project No.: 0623000112 EA: 06-48468 06-KER-58&99-T52.2;23.4lR52.4;24.2 bear the professional seal,certificate number,registration classification,expiration date of certificate,and signature of the responsible surveyor. 31. When RIGHT-OF-WAY is funded with State Transportation Improvement Program(STIP)funds the acquisition of right-of-way will not occur prior to the approval of the environmental document. 32. CITY will hear and adopt Resolutions of Necessity when authorized to do so by law or will work with local agencies having jurisdiction and authorized under the law to hear and adopt Resolutions of Necessity. CITY will conduct and document Condemnation Evaluation Meetings and Condemnation Panel Review Meetings as required in accordance with CALTRANS policy and guidance.CALTRANS will be notified in advance of any Condemnation Evaluation Meetings and Condemnation Panel Review Meetings. 33. If CITY acquires any right-of-way to be incorporated into the State Highway System(SHS),CITY will first acquire in its own name. No right-of-way will be acquired in CALTRANS'name. Title to the SHS right-of-way will ultimately be vested in the State.CALTRANS'acceptance of title will occur after the Right-of-Way Closeout activities are complete. 34. CITY will utilize a public agency currently qualified by CALTRANS or a properly licensed consultant for all RIGHT-OF-WAY activities.A qualified right-of-way agent will administer all right-of-way consultant contracts. CITY will submit a draft Right-of-Way Certification to CALTRANS six weeks prior to the scheduled Right-of-Way Certification milestone date for review. CITY will submit a final Right-of-Way Certification to CALTRANS for approval prior to the advertising the construction contract. 35. Physical and legal possession of the right-of-way must be completed prior to advertising the construction contract,unless PARTIES mutually agree to other arrangements in writing. 36. CALTRANS'acceptance of right-of-way title is subject to review of an Updated Preliminary Title Report provided by CITY verifying that the title is free of all encumbrances and liens.Upon acceptance,CITY will provide CALTRANS with a Policy of Title Insurance in CALTRANS'name. 37. Right-of-way conveyances must be completed prior to WORK completion,unless PARTIES mutually agree to other arrangements in writing. Schedule 38. PARTIES will manage the WORK schedule to ensure the timely use of committed funds and to ensure compliance with any environmental permits,right-of-way agreements,construction contracts,and any other commitments.PARTIES will communicate schedule risks or changes as soon as they are identified and will actively manage and mitigate schedule risks. Agreement No.06-1813 1 06-KER-58&991 EA: 06-48468 Page 18 Agreement No. 06-1813 Project No.: 0623000112 EA: 06-48468 06-KER-58&99-T52.2;23.4/R52.4;24.2 39. The IMPLEMENTING AGENCY for each PROJECT COMPONENT will furnish PARTIES with written monthly progress reports during the completion of the WORK. Additional Provisions Standards 40. PARTIES will perform all WORK in accordance with federal and California laws,regulations,and standards;Federal Highway Administration(FHWA)standards;and CALTRANS standards. CALTRANS standards include,but are not limited to,the guidance provided in the: • CADD Users Manual • CALTRANS policies and directives • Plans Preparation Manual • Project Development Procedures Manual(PDPM) • Workplan Standards Guide • Right of Way Manual • Stewardship and Oversight Agreement • Construction Manual Supplement for Local Agency Resident Engineers • Local Agency Structure Representative Guidelines Noncompliant Work 41. CALTRANS retains the right to reject noncompliant WORK.CITY agrees to suspend WORK upon request by CALTRANS for the purpose of protecting public safety,preserving property rights,and ensuring that all WORK is in the best interest of the State Highway System. QualiIcations 42. Each PARTY will ensure that personnel participating in WORK are appropriately qualified or licensed to perform the tasks assigned to them. Consultant Selection 43. CITY will invite CALTRANS to participate in the selection of any consultants that participate in the WORK. Encroachment Permits 44. CALTRANS will issue,upon proper application,the encroachment permits required for WORK within State Highway System(SHS)right-of-way.CITY,their contractors,consultants,agents,and utility owners will not work within the SHS right-of-way without an encroachment permit issued by CALTRANS.CALTRANS will provide encroachment permits to CITY at no cost.CALTRANS will provide encroachment permits to utility owners at no cost.If the encroachment permit and this AGREEMENT conflict,the requirements of this AGREEMENT will prevail. Agreement No.06-1813 1 06-KER-58&991 EA: 0648468 Page 19 Agreement No. 06-1813 Project No.: 0623000112 EA: 06-48468 06-KER-58&99-T52.2;23.4/R52.4;24.2 45. CITY will issue any encroachment permits that are necessary for WORK within its jurisdiction and outside the State Highway System right-of-way.CITY will provide encroachment permits to CALTRANS,its contractors,consultants and agents,at no cost. 46. The IMPLEMENTING AGENCY for a PROJECT COMPONENT will coordinate,prepare,obtain, implement,renew,and amend any encroachment permits needed to complete the WORK.. Protected Resources 47. If any PARTY discovers unanticipated cultural,archaeological,paleontological,or other protected resources during WORK,all WORD in that area will stop and that PARTY will notify all PARTIES within 24 hours of discovery.WORK may only resume after a qualified professional has evaluated the nature and significance of the discovery and CALTRANS approves a plan for its removal or protection. Disclosures 48. PARTIES will hold all administrative drafts and administrative final reports,studies,materials,and documentation relied upon,produced,created,or utilized for the WORK in confidence to the extent permitted by law and where applicable,the provisions of California Government Code, Section 7921.505(c)(5)will protect the confidentiality of such documents in the event that said documents are shared between PARTIES. PARTIES will not distribute,release,or share said documents with anyone other than employees, agents,and consultants who require access to complete the WORK without the written consent of the PARTY authorized to release them,unless required or authorized to do so by law. 49. If a PARTY receives a public records request pertaining to the WORK,that PARTY will notify PARTIES within five(5)working days of receipt and make PARTIES aware of any disclosed public records. Hazardous.Materials 50. HM-1 is hazardous material(including,but not limited to,hazardous waste)that may require removal and disposal pursuant to federal or state law,whether it is disturbed by the PROJECT or not. HM-2 is hazardous material(including,but not limited to,hazardous waste)that may require removal and disposal pursuant to federal or state law only if disturbed by the PROJECT. The management activities related to HM-I and HM-2,including and without limitation,any necessary manifest requirements and disposal facility designations are referred to herein as HM-I MANAGEMENT and HM-2 MANAGEMENT respectively. 51. If HM-I or HM-2 is found,the discovering PARTY will immediately notify all other PARTIES. 52. CALTRANS, independent of the PROJECT,is responsible for any HM-I found within the existing State Highway System right-of-way.CALTRANS will undertake,or cause to be undertaken,HM-I MANAGEMENT with minimum impact to the PROJECT schedule. Agreement No.06-1813 1 06-KER 58&991 EA: 06-48468 Page 110 Agreement No. 06-1813 Project No.: 0623000112 EA: 06-48468 06-KER-58&99-T52.2;23.4/R52.4;24.2 CALTRANS will pay,or cause to be paid,the cost of HM-I MANAGEMENT for HM-I found within the existing State Highway System right-of-way with funds that are independent of the funds committed in this AGREEMENT. 53. CITY,independent of the PROJECT,is responsible for any HM-I found within the PROJECT limits and outside the existing State Highway System right-of-way.CITY will undertake,or cause to be undertaken,HM-I MANAGEMENT with minimum impact to the PROJECT schedule. CITY will pay,or cause to be paid,the cost of HM-I MANAGEMENT for HM-I found within the PROJECT limits and outside of the existing State Highway System right-of-way with funds that are independent of the funds committed in this AGREEMENT. 54. The CONSTRUCTION IMPLEMENTING AGENCY is responsible for HM-2 MANAGEMENT within the PROJECT limits. CITY and CALTRANS will comply with the Soil Management Agreement for Aerially Deposited Lead Contaminated Soils(Soil Management Agreement)executed between CALTRANS and the California Department of Toxic Substances Control(DTSC).Under Section 3.2 of the Soil Management Agreement,CALTRANS and CITY each retain joint and severable liability for noncompliance with the provisions of the Soil Management Agreement.CITY will assume all responsibilities assigned to CALTRANS in the Soil Management Agreement during PROJECT COMPONENTS for which they are the IMPLEMENTING AGENCY except for final placement and burial of soil within the State right-of-way,per Section 4.5 of the Soil Management Agreement, which is subject to CALTRANS concurrence and reporting to DTSC which will be performed by CALTRANS. 55. CALTRANS'acquisition or acceptance of title to any property on which any HM-I or HM-2 is found will proceed in accordance with CALTRANS'policy on such acquisition. Claims 56. Any PARTY that is responsible for completing WORK may accept,reject,compromise,settle,or litigate claims arising from the WORK without concurrence from the other PARTY. 57. PARTIES will confer on any claim that may affect the WORK or PARTIES'liability or responsibility under this AGREEMENT in order to retain resolution possibilities for potential future claims.No PARTY will prejudice the rights of another PARTY until after PARTIES confer on the claim. 58. If the WORK expends state or federal funds,each PARTY will comply with the Federal Uniform Administrative Requirements,Cost Principles,and Audit Requirements for Federal Awards of 2 CFR,Part 200.PARTIES will ensure that any for-profit consultant Erred to participate in the WORK will comply with the requirements in 48 CFI?,Chapter 1,Part 31.When state or federal funds are expended on the WORK these principles and requirements apply to all funding types included in this AGREEMENT. Agreement No.06-1813 1 06-KER-58&99 1 EA: 06-48468 Page 111 Agreement No. 06-1813 Project No.: 0623000112 EA: 06-48468 06-KER-58&99-T52.2;23.4/R52.4;24.2 Accounting and Audits 59. PARTIES will maintain,and will ensure that any consultant hired by PARTIES to participate in WORK will maintain,a financial management system that conforms to Generally Accepted Accounting Principles(GAAP),and that can properly accumulate and segregate incurred PROJECT costs and billings. 60. PARTIES will maintain and make available to each other all WORK-related documents,including financial data,during the term of this AGREEMENT. PARTIES will retain all WORK-related records for three(3)years after the final voucher. PARTIES will require that any consultants hired to participate in the WORK will comply with this Article. 61. PARTIES have the right to audit each other in accordance with generally accepted governmental audit standards. CALTRANS,the State Auditor,FHWA(if the PROJECT utilizes federal funds),and CITY will have access to all WORK-related records of each PARTY,and any consultant hired by a PARTY to participate in WORK,for audit,examination,excerpt,or transcription. The examination of any records will take place in the offices and locations where said records are generated and/or stored and will be accomplished during reasonable hours of operation.The auditing PARTY will be permitted to make copies of any WORK-related records needed for the audit. The audited PARTY will review the draft audit,findings,and recommendations,and provide written comments within thirty(30)calendar days of receipt. Upon completion of the final audit,PARTIES have forty-five(45)calendar days to refund or invoice as necessary in order to satisfy the obligation of the audit. Any audit dispute not resolved by PARTIES is subject to mediation.Mediation will follow the process described in the General Conditions section of this AGREEMENT. 62. If the WORK expends state or federal funds,each PARTY will undergo an annual audit in accordance with the Single Audit Act in the Federal Uniform Administrative Requirements,Cost Principles,and Audit Requirements for Federal Awards as defined in 2 CFR,Part 200. 63. When a PARTY reimburses a consultant for WORK with state or federal funds,the procurement of the consultant and the consultant overhead costs will be in accordance with the Local Assistance Procedures Manual,Chapter 10. Interruption of Work 64. If WORK stops for any reason,IMPLEMENTING AGENCY will place the PROJECT right-of-way in a safe and operable condition acceptable to CALTRANS. Agreement No.06-1813( 06-KER-58&991 EA: 06-48468 Page 112 Agreement No. 06-1813 Project No.: 0623000112 EA: 06-48468 06-KER-58&99-T52.2;23.4/R52.4;24.2 65. If WORK stops for any reason,each PARTY will continue with environmental commitments included in the environmental documentation,permits,agreements,or approvals that are in effect at the time that WORK stops,and will keep the PROJECT in environmental compliance until WORK resumes. Penalties.Judgments and Settlements 66. The cost of awards,judgments,fines,interest,penalties,attorney's fees,and/or settlements generated by the WORK are considered WORK costs. 67. The cost of legal challenges to the environmental process or documentation are considered WORK costs. 68. Any PARTY whose action or lack of action causes the levy of fines,interest,or penalties will indemnify and hold all other PARTIES harmless per the terms of this AGREEMENT. Project Files 69. CITY will furnish CALTRANS with the Project History Files related to the PROJECT facilities on State Highway System within sixty(60)days following the completion of each PROJECT COMPONENT.CITY will assure that the Project History File is prepared and submitted in compliance with the Project Development Procedures Manual,Chapter 7.All material will be submitted neatly in a three-ring binder and in PDF format. Environmental Compliance 70. If during performance of WORK additional activities or environmental documentation is necessary to keep the PROJECT in environmental compliance,PARTIES will amend this AGREEMENT to include completion of those additional tasks. Road Repair and Accountability Act of 2017(SB 1) 71. PARTIES agree to adhere the following: • The requirements of Senate Bill 1 (SB 1),also known as the Road Repair and Accountability Act of 2017(Beall,Chapter 5,Statutes of 2017). • The California Transportation Commission(CTC)SB 1 Accountability and Transparency Guidelines adopted for each SB 1 fund type. • The S131 procedures and policies established by CALTRANS. GENERAL CONDITIONS 72. All portions of this AGREEMENT,including the RECITALS section,are enforceable. Venue 73. PARTIES understand that this AGREEMENT is in accordance with and governed by the Constitution and laws of the State of California.This AGREEMENT will be enforceable in the Agreement No.06-1813 1 06-KER-58&991 EA: 06-48468 Page 113 Agreement No. 06-1813 Project No.: 0623000112 EA: 06-48468 06-KER-58&99-T52.2;23.4/R52.4;24.2 State of California.Any PARTY initiating legal action arising from this AGREEMENT will file and maintain that legal action in the Superior Court of the county in which the CALTRANS district office that is signatory to this AGREEMENT resides,or in the Superior Court of the county in which the PROJECT is physically located. Exemptions 74. All CALTRANS'obligations and commitments under this AGREEMENT are subject to the appropriation of resources by the Legislature,the State Budget Act authority,programming and allocation of funds by the California Transportation Commission(CTQ. Indemnification 75. Neither CALTRANS nor any of its officers and employees,are responsible for any injury,damage, or liability occurring by reason of anything done or omitted to be done by CITY,its contractors, sub-contractors,and/or its agents under or in connection with any work,authority,or jurisdiction conferred upon CITY under this AGREEMENT.It is understood and agreed that CITY,to the extent permitted by law,will defend,indemnify,and save harmless CALTRANS and all of its officers and employees from all claims,suits,or actions of every name,kind,and description brought forth under,but not limited to,tortious,contractual,inverse condemnation,or other theories and assertions of liability occurring by reason of anything done or omitted to be done by CITY,its contractors,sub-contractors,and/or its agents under this AGREEMENT. 76. Neither CITY nor any of its officers and employees,are responsible for any injury,damage,or liability occurring by reason of anything done or omitted to be done by CALTRANS,its contractors,sub-contractors,and/or its agents under or in connection with any work,authority,or jurisdiction conferred upon CALTRANS under this AGREEMENT.It is understood and agreed that CALTRANS,to the extent permitted by law,will defend,indemnify,and save harmless CITY and all of its officers and employees from all claims,suits,or actions of every name,kind,and description brought forth under,but not limited to,tortious,contractual,inverse condemnation,or other theories and assertions of liability occurring by reason of anything done or omitted to be done by CALTRANS,its contractors,sub-contractors,and/or its agents under this AGREEMENT. Non-parties 77. PARTIES do not intend this AGREEMENT to create a third-party beneficiary or define duties, obligations,or rights for entities in PARTIES not signatory to this AGREEMENT.PARTIES do not intend this AGREEMENT to affect their legal liability by imposing any standard of care for fulfilling the WORK different from the standards imposed by law. 78. PARTIES will not assign or attempt to assign obligations to entities not signatory to this AGREEMENT without an amendment to this AGREEMENT. Agreement No.06-18I3 1 06-KER-58&991 EA: 06-48468 Page 114 Agreement No. 06-1813 Project No.: 0623000112 EA: 06-48468 06-KER-58&99-T52.2;23.4/R52.4;24.2 Ambiguity and Performance 79. Neither PARTY will interpret any ambiguity contained in this AGREEMENT against the other PARTY.PARTIES waive the provisions of California Civil Code,Section 1654. A waiver of a PARTY's performance under this AGREEMENT will not constitute a continuous waiver of any other provision. 80. A delay or omission to exercise a right or power due to a default does not negate the use of that right or power in the future when deemed necessary. Defaults 81. If any PARTY defaults in its performance of the WORK,a non-defaulting PARTY will request in writing that the default be remedied within thirty(30)calendar days.If the defaulting PARTY fails to do so,the non-defaulting PARTY may initiate dispute resolution. Dispute Resolution 82. PARTIES will first attempt to resolve AGREEMENT disputes at the PROJECT team level as described in the Quality Management Plan. If they cannot resolve the dispute themselves,the CALTRANS District Director and the Executive Officer of CITY will attempt to negotiate a resolution.If PARTIES do not reach a resolution,PARTIES'legal counsel will initiate mediation. PARTIES agree to participate in mediation in good faith and will share equally in its costs. Neither the dispute nor the mediation process relieves PARTIES from full and timely performance of the WORK in accordance with the terns of this AGREEMENT. However,if any PARTY stops fulfilling its obligations,any other PARTY may seek equitable relief to ensure that the WORK continues. Except for equitable relief and/or to preserve the statute of limitations,no PARTY may file a civil complaint until after mediation,or forty-five(45)calendar days after filing the written mediation request,whichever occurs first. PARTIES will file any civil complaints in the Superior Court of the county in which the CALTRANS District Office signatory to this AGREEMENT resides or in the Superior Court of the county in which the PROJECT is physically located. 83. PARTIES maintain the ability to pursue alternative or additional dispute remedies if a previously selected remedy does not achieve resolution. Prevailing Wale 84. When WORK falls within the Labor Code§ 1720(a)(1)definition of"public works" in that it is construction,alteration,demolition,installation,or repair;or maintenance work under Labor Code § 1771,PARTIES will conform to the provisions of Labor Code§§ 1720-1815,and all applicable provisions of California Code of Regulations,Title 8,Division 1,Chapter 8,Subchapter 3,Articles Agreement No.06-1813 1 06-KER-58&991 EA: 06-48468 Page 115 Agreement No. 06-1813 Project No.: 0623000112 EA: 06-48468 06-KER-58&99-T52.2;23.4/R52.4;24.2 1-7.PARTIES will include prevailing wage requirements in contracts for public work and require contractors to include the same prevailing wage requirements in all subcontracts. Work performed by a PARTY's own employees is exempt from the Labor Code's Prevailing Wage requirements. If WORK is paid for, in whole or part,with federal funds and is of the type of work subject to federal prevailing wage requirements,PARTIES will conform to the provisions of the Davis-Bacon and Related Acts,40 U.S.C. §§3141-3148. When applicable,PARTIES will include federal prevailing wage requirements in contracts for public works.WORK performed by a PARTY's employees is exempt from federal prevailing wage requirements. Agreement No.06-1813 1 06-KER 58&991 EA: 06-48468 Page 116 ca LQ E v � . CZ _W. C 00 Cl r Ur � ate er ffJ J�% cs i j00 cc VINE 00 Ull t% s., MINE Agreement No. 06-1813 Project No.: 0623000112 EA: 06-48468 06-KER-58&99-T52.2;23.4/R52.4;24.2 Funding 85. If there are insufficient funds available in this AGREEMENT to place the PROJECT right-of-way in a safe and operable condition,the appropriate IMPLEMENTING AGENCY will fund these activities until such time as PARTIES amend this AGREEMENT. That IMPLEMENTING AGENCY may request reimbursement for these costs during the amendment process. 86. If there are insufficient funds in this AGREEMENT to implement the obligations and responsibilities of this AGREEMENT,including the applicable commitments and conditions included in the PROJECT environmental documentation,permits,agreements,and/or approvals that are in effect at a time that WORK stops,each PARTY accepts responsibility to fund their respective WORK until such time as PARTIES amend this AGREEMENT. Each PARTY may request reimbursement for these costs during the amendment process. 87. The cost of any engineering support performed by CALTRANS includes all direct and applicable indirect costs.CALTRANS calculates indirect costs based solely on the type of funds used to pay support costs. State and federal funds administered by CALTRANS are subject to the current Program Functional Rate.All other funds are subject to the current Program Functional Rate and the current Administration Rate.The Program Functional Rate and Administration Rate are adjusted periodically. In accordance with California law,the Administration Rate is capped at 10 percent for Self-Help Counties with a countywide sales tax measure dedicated to transportation improvements. 88. If the WORK is funded with state or federal funds,any PARTY seeking CALTRANS reimbursement of indirect costs must submit an indirect cost rate proposal and central service cost allocation plan(if any)in accordance with Local Assistance Procedures Manual,2 CFR,Part 200 and Chapter 5.These documents are to be submitted annually to CALTRANS'Audits and Investigations for review and acceptance prior to CALTRANS'reimbursement of indirect costs. 89. Travel,per diem,and third-party contract reimbursements for WORK are to be paid from the funds in this AGREEMENT only after the contractor performs the work and incurs said costs. Payments for travel and per diem will not exceed the rates paid rank and file state employees under current California Department of Human Resources(Ca1HR)rules current at the effective date of this AGREEMENT. If CITY invoices for rates in excess of Ca1HR rates,CITY will fund the cost difference and reimburse CALTRANS for any overpayment. 90. In accordance with the CALTRANS Federal-Aid Project Funding Guidelines,PARTIES must obtain approval from the Federal Highway Administration prior to any PROJECT funding changes that will change the federal share of funds. Agreement No.06-1813 1 06-KER-58&991 EA: 06-48468 Page 119 Agreement No. 06-1813 Project No.: 0623000112 EA: 06-48468 06-KER-58&99-T52.2;23.4/R52.4;24.2 91. Notwithstanding the terms of this AGREEMENT,PARTIES agree to abide by the funding guidelines for all contributed funds that are programmed and allocated by the CTC. Invoicing and Payment 92. PARTIES will invoice for funds where the SPENDING TABLE shows that one PARTY provides funds for use by another PARTY.PARTIES will pay invoices within forty-five(45)calendar days of receipt of invoice when not paying with Electronic Funds Transfer(EFT).When paying with EFT, CITY;will pay invoices within five(5)calendar days of receipt of invoice. 93. If CITY has received EFT certification from CALTRANS then CITY will use the EFT mechanism and follow all EFT procedures to pay all invoices issued from CALTRANS. 94. When a PARTY is reimbursed for actual cost,invoices will be submitted each month for the prior montWs expenditures.After all PROJECT COMPONENT WORK is complete,PARTIES will submit a final accounting of all PROJECT COMPONENT costs.Based on the final accounting, PARTIES will invoice or refund as necessary to satisfy the financial commitments of this AGREEMENT. 95. If an executed Program Supplement Agreement(PSA)or STIP Planning,Programming,and Monitoring Program Fund Transfer Agreement(PPM)exists for this PROJECT then CITY will abide by the billing and payment conditions detailed for the fund types identified in the PSA or PPM. 96. If CALTRANS reimburses CITY for any costs later determined to be unallowable,CITY will reimburse those funds. Right-of-ft WK)Support 97. CALTRANS will invoice CITY for a$50,000 initial deposit after execution of this AGREEMENT and forty-five(45)working days prior to the commencement of R/W SUPPORT expenditures.This deposit represents two(2)months'estimated costs. Thereafter,PARTIES will invoice and reimburse for actual costs incurred and paid. Right-of--Way(RfW) Capital 98. CALTRANS will invoice CITY for a$25,000 initial deposit after execution of this AGREEMENT and forty-five(45)working days prior to the commencement of R/W CAPITAL expenditures.This deposit represents one(1)months'estimated costs. Thereafter,PARTIES will invoice and reimburse for actual costs incurred and paid. Agreement No.06-1813 1 06-KER-58&991 EA: 06-48468 Page 120 Agreement No. O6-1813 Project No,: 0623000112 EA: 06-48468 O6-KER-58&99-T52.2;23.4/R52A;24.2 SIGNATURES PARTIES are authorized to enter into this AGREEMENT and have delegated to the undersigned the authority to execute this AGREEMENT on behalf of the respective agencies and hereby covenants to have followed all the necessary legal requirements to validly execute this AGREEMENT. By signing below,the PARTIES each expressly agree to execute this AGREEMENT electronically. The PARTIES acknowledge that executed copies of this AGREEMENT may be exchanged by facsimile or email, and that such copies shall be deemed to be effective as originals. STATE OF CALIFORNIA DEPARTMENT CITY OF BAKERSFIELD OF TRANSPORTATION Michael Navarro Karen Goll District Director Mayor Verification of Funds and Authority: Approved as to content: public works Claudia Juarez Zac Meyer District Resource Manager Public Works Director Certified as to financial terms and policies: Approved as to form: Virginia Gennaro City Attorney Darwin Salmos HQ Accounting Supervisor Ashley Zarnbrano Deputy City Attorney Countersigned; Randy McKeegan Finance Director Agreement No.06-18131 06-KER-58&991 EA: 06-48468 Page 121 06-1813 Execo,:,ution Final Audit Report 2025-04-01 Created: 2025-03-28 By: Caltrans.Coop Execution(Caltrans.Coop.Execution@dot.ca.gov) Slates: Signed Transaction ID: CBJCHBCAASAAkqe9JYs3eYt2w75vA-yX1 uFuQeCc-jXQ "06-1813 Execution" History '6 5 Document created by Caltrans.Coop Execution (Caltrans.Coop.Execution@dot.ca.gov) 2025-03-28,-6::38:12 PM GMT-IP address: 149.136.17.249 tW Document emalled to David Tolleson (david.tolleson@dot.ca.gov) for approval 2025-03-28-6:38:51 PM GMT f L) Email viewed by David Tolleson (david.tolleson@dot.ca.gov) 2025-03-28-7:27:02 PM GMT-IP address: 149.136.17.252 656, Document approved by David Tolleson (david.tolleson@dot.ca.gov) Approval Date:2025-03-28-7:28:54 PM GMT-Time Source:server-lip address: 149.136.17.252 Document emailed to Mario Carlos (mario.carlos@dotca.gov)for approval 2025-03-28-7:28:56 PM GMT lf)�L Email viewed by Mario Carlos (mario,carlos@dot,ca.gov) 2025-03-28-8!28:21 PM GMT-IP address: 149,136.17.252 (Jo' Document approved:by Mario Carlos(mario.carlos@dot.ca.gov) Approval Date:2025-03-28-8:30:02 PM GMT-Time Source:server-IP address: 149.136.17252 El Document emailed to Christopher Gardner(chris.gardner@dot.ca.gov)for approval 2025-03-28-8:30:04 PM GMT AG, Signer Christopher Gardner(chris.gardner@dot.ca.gov) entered name at signing as chris gardner 2025-03-28-8:36:18 PM GMT-IP address: 149.136.17.246 4�6 Document approved offline by chris gardner(chris.gardner@dot.ca.gov) Approval Date:2025-03-28-8:36:20 PM GMT-Time Source:device As recorded by:eSignManagerFoOOSOApp D Offline document signing event synchronized and recorded 2025-03-28-8:36:21 PM GMT-Time Source:server-IP address: 149.13617.246 Powered by LW � Adobe Acrobat Sign 74 Document emailed to Claudia,Juarez(claudia.juarez@dot.ca.gov)for signature 2025-03-28-8:36:22 PM GMT f L!l Email viewed by Claudia Juarez(claudia.juarez@dot.ca.gov) 2025-03-28-9:37:43 PM GMT-IP address: 149.136.25.246 al& Document e-signed by Claudia Juarez (claudia.juarez@dot.ca.gov) Signature Date:2025-03-28-9:38:22 PM GMT-Time Source:server-IP address:149.136.25.246 E-41 Document emailed to Ruhama Urbano(ruhama.urbano@dot.ca,gov)for approval 2025-03-28-9:38:24 PM GMT f 5 Email viewed by Ruhama Urbano(ruhama.urbano@dot.ca.gov) 2025-03-28-9:41:25 PM GMT-IP address: 149.136.17.252 i�ol Document approved by Ruhama Urbano (ruhama.urbano@dot.ca.gov) Approval Date:2025-03-28-11:08:24 PM GMT-Time Source:server-IP address: 149.136.17.252 E-74 Document emailed to Darwin Salmos (darwin.salmos@dot.ca,gov)for signature 2025-03-28-11:08:26 PM GMT Document e-signed by Darwin Salmos (darwin.salmos@dot,ca.gov) Signature Date;2025-04-01 -5:53:19 PM GMT-Time Source:server-IP address:149.136.17.253 Agreement completed. 2025-04-01-5:53;19 PM GMT LLMWP Povwed by w Adobe e Acr')mba�tySlgn � • BAKERSFIELD ADMINISTRATIVE REPORT MEETING DATE: April 9,2025 AGENDA CATEGORY: Consent-Agreements TO: Honorable Mayor and City Council FROM: Randy McKeegan, Finance Director DATE: March 28, 2025 SUBJECT: Amendment No. 2 to Agreement No. 2023-238 with J.L. plank, Inc. dba Cen-Cal Construction (increase by$500,000; revised not to exceed $3,571,500)to continue the supply of concrete construction. RECOMMENDATION: Staff recommends approval of the amendment. BACKGROUND: On September 27, 2023, the City Council approved the annual contract for the supply of concrete construction with J. L. Plank, Inc., dba Cen-Cal Construction, in the amount of $1,511,500; renewable annually thereafter for four consecutive one-year periods. This contract is on-call as needed, used by multiple departments within the City, including Water Resources Department, Fire Department, Recreation and Parks Department, and Public Works Department. The demand for concrete construction, coupled with ADA compliance requirements, has led to a significant increase in contract usage levels. A compensation increase, as requested by staff, will enable the City to complete current concrete projects and allow the City to continue to meet the demand for concrete construction. Per the terms of the contract, one (1) amendment to increase the contract and/or to extend the contract has been approved as follows: • Amendment 1 approved September 11, 2024;increased compensation by$500,000 and extended the term by one year to September 26, 2025. Currently there is $400,000 available on this contract. If approved, Amendment No. 2 will increase compensation by$500,000 for a revised not to exceed amount of$3,571,500 allowing the City to continue to meet the demand for concrete construction to the term date of September 26, 2025. FISCAL IMPACT: Sufficient funds are budgeted in the various departments Enterprise Funds, Capital Projects Funds as well as General Fund operating accounts. COUNCIL GOAL: Reliable Infrastructure ATTACHMENTS: Partially singed amendment AGREEMENT NO. 2023-238(2) AMENDMENT NO. [2] TO AGREEMENT NO. 2023-238 THIS AMENDMENT NO. 2 TO AGREEMENT NO. 2023-238 is made and entered into on , by and between the CITY OF BAKERSFIELD, a municipal corporation (referred to herein as "CITY"), and J. L. PLANK, INC. DBA CEN-CAL CONSTRUCTION a Corporation authorized to do business in California (referred to herein as "CONTRACTOR"). RECITALS WHEREAS, on September 27, 2023, the CITY and CONTRACTOR entered into Agreement No. 2023-238 in the amount of $1,51 1,500 for the supply of concrete construction services; and WHEREAS, on September 11, 2024, Council approved Amendment No. 1 to Agreement No. 2023-238 to extend the term by one year and increase compensation by $1,560,000 to continue the supply of concrete construction services; and WHEREAS, the parties desire to enter into Amendment No. 2 to Agreement No. 2023-238 to increase compensation by $500,000 to continue the supply of concrete construction services. NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and CONTRACTOR mutually agree as follows: 1. Section 2 of Agreement No. 2023-238 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 THREE MILLION FIVE HUNDRED SEVENTY-ONE THOUSAND FIVE HUNDRED DOLLARS ($3,571,500) 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. CITY shall pay only the compensation listed unless otherwise agreed to in writing by the parties. 2. Except as amended herein, all provisions of Agreement No. 2023-238 shall remain in full force and effect. -- Page 1 of 3 Pages -- IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. two (2) to Agreement No. 2023-238 to be executed the day and year first above written. "CITY" "CONTRACTOR" CITY OF BAKERSFIELD J. L. PLANK, INC. DBA CEN-CAL CONSTRUCTION By: By. KAREN GOH Mayor Prin ame: �1 Title: / APPROVED AS TO CONTENT: PUBLIC WORKS DEPARTMENT By: ZACHARY MEYER Public Works Director APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By: VIRGINIA GENNARO City Attorney -- Page 2 of 3 Pages -- COUNTERSIGNED: By: RANDY MCKEEGAN Insurance Approved by Finance Director Risk Management: -- Page 3 of 3 Pages -- • BAKERSFIELD ADMINISTRATIVE REPORT MEETING DATE: 4/9/2025 AGENDA CATEGORY: Consent—Agreements TO: Honorable Mayor and City Council FROM: Zachary Meyer, Public Works Director DATE: 3/26/2025 SUBJECT: Contract Change Order No. 95 to Agreement No. 19-069 with Security Paving Company (increasing compensation by$27,000.00; revised not to exceed $151,865,840.08)for the Centennial Corridor Mainline Project. (Wards 1, 2, &3) RECOMMENDATION: Staff recommends approval of the change order. BACKGROUND: The Centennial Corridor Mainline Project (Project) proposes to extend State Route 58 (SR-58) from the current terminus as a freeway at State Route 99 (SR-99) to the Westside Parkway. At the SR-58/SR-99 interchange, the Project adds a collector-distributor on the northbound SR-99 and constructs a new northbound to westbound connector. The Project also includes various local road improvements including; realignment and introducing cul-de-sacs at the end of local roads along the corridor, widening and realignment of Chester Avenue at SR-58, and construction of a traffic signal at the eastbound SR-58 ramps/Brundage Lane intersection (which is part of the SR-58/Cottonwood Road interchange). This Project was awarded in July of 2019. Change Order No.95 provides compensation to the contractor for materials procured for Drainage System "E" along the bike path on Easton Drive. Installation was originally a part of this CCO, however,that scope was removed and will instead be installed by the 7th Movement contractor who will also construct the bike path in the area.This change order results in an estimated increase of$27,000.00. The Contractor has refused to sign this change order alleging additional time and money. However, the Contractor needs to substantiate the request for time and money. In a good faith effort to make payments to the Contractor, staff recommends unilateral approval of this change order using the engineer's calculated quantities and without the Contractor's signature. If the Contractor later submits acceptable justification for revisions to this change order, staff will review the additional information and, if changes are warranted, a supplemental change order may be in place on a future City Council Agenda. FISCAL IMPACT: The sum of all change orders to date on this project reflects a total cost increase of$4,852,183.83 which results in a 3.30% increase of the original contract amount as illustrated below: • BAKERSFIELD Original Contract Amount = $147,013,656.25 Previous Change Orders = $4,825,183.83 Current Change Orders = $27,000.00 Amended Contract Agreement after CCOs = $151,865,840.08 Net Increase to date = $4,852,183.83 There is no General Fund impact associated with this change order. Federal, State, and Local funding for these change orders is available in project TRCC21 Centennial Corridor Phase 4 Mainline. COUNCIL GOAL: Reliable Infrastructure ATTACHMENTS: CCO 095— Bike Path Anchor Conflict CITY OF BAKERSFIELD rp pp 8mpmmam'Prompm Thomas Roads Improvement Programa� � CONTRACT CHANGE ORDER SHEET 1 OF 1 CONTRACT NO. 19-069 CHANGE ORDER NO. 95 P.O.NO. PROJECT: Centennial Corridor MAINLINE NCIIPL-5109(251) FEDERAL NO.(S) CONTRACTOR: Security Paving Company ADDRESS: 2915 Fairhaven Drive Bakersfield,CA 93309 YOU ARE HEREBY DIRECTED TO MAKE THE HEREIN DESCRIBED CHANGES FROM THE PLANS AND SPECIFICATIONS OR DO THE FOLLOWING WORK DESCRIBED NOT INCLUDED IN THE PLANS AND SPECIFICATIONS ON THIS CONTRACT. NOTE: This change order is not effective until approved by City Council or City Engineer Description of work to be done,estimate of quantities,and prices to be paid. Segregate between additional work of contract price,agreed price and force account. Unless otherwise stated,rates for rental of equipment cover only such time as equipment is actually used and no allowance will be made for idle time. CHANGE SUBMITTED BY: Arturo Infante,Construction Manager DATE: 3/14/2025 CHANGE REQUESTED BY: Arturo Infante,Construction Manager DATE: 3/14/2025 As authorized by the Engineer and in accordance with section 4-1.05"Changes and Extra Work"of Standard Specifications,perform the following work: Compensate the Contractor for costs already incurred for the construction of Drainage System"E",from Station 107+26.90 to Station 108+26.91, "13I1(1"Alignment.The incurred costs include 14 EA 8'pieces of 24"reinforced concrete pipe which has been delivered to the site,and which the City will take ownership of,and work already performed.The Contractor shall leave these materials on site. Extra Work at Force Account: As authorized by the Engineer,provide all labor,equipment,materials,tools and incidentals for drainage system"E". The Contractor will submit invoices and extra work tickets in accordance with Section 9-1.04C of the Standard Specifications. EXTRA WORK AT FORCE ACCOUNT:$27,000.00 ACCOUNT NO(S) 122-4021-825.80-41 TRCC21 121-4U21-d2b.dU-41 I KUU21 INCREASE $27,000.00 335-4021-825.80-41 TRCC21 DECREASE $0.00 By reason of this order the time of City Council Approval Required YES X completion will be adjusted as follows: NO ADJUSTMENT NO Approved As to Form: CITY ATTORNEY Approved by the Council of City of Bakersfield Approval Recommended: City Engineer Mayor Countersigned:Finance Director Date We,the undersigned contractor,have given careful consideration to the change proposed and hereby agree,if this proposal is approved,that we will provide all equipment,furnish all materials,except as may otherwise be noted above,and perform all services necessary for the work above specified,and will accept as full payment therefore the prices shown above. Accepted, Date: Contractor: U IN II•••••A E::.:1:RN••••• Title: • BAKERSFIELD ADMINISTRATIVE REPORT MEETING DATE: 4/9/2025 AGENDA CATEGORY: Consent—Agreements TO: Honorable Mayor and City Council FROM: Zachary Meyer, Public Works Director DATE: 3/26/2025 SUBJECT: Contract Change Order Nos. 4 and 11 to Agreement No. 2024-235 Contract Change Orders with Granite Construction Company(increasing compensation by$67,000.00; revised not to exceed $27,388,837.80)for the Centennial Corridor EB58 to NB99 Loop Connector Project (7th Movement). (Wards 1 & 2) RECOMMENDATION: Staff recommends approval of the change orders. BACKGROUND: The 7th Movement Project proposes to construct a new freeway connector ramp from eastbound State Route (SR) 58 freeway to northbound SR 99. At the SR58/SR99 Interchange, construct a new connector starting west of SR 99, on the south side of 58 with a bridge widening over SR 99, a new bridge spanning over Wible Road, and connecting to northbound SR 99. This project also includes the construction of a bike path from Commerce Drive to California Avenue with a pedestrian bridge over the Carrier Canal, permanent closure of the southbound SR 99 to Stockdale Avenue off-ramp, drainage improvements for the Elcia Drive and Real Road intersection, and installation of permanent barrier at the Ming Avenue to southbound SR 99 on-ramp. This Project was awarded in September of 2024 and has an estimated completion date of August of 2026. Change Order No.4 provides compensation to the contractor for additional costs related to resequencing the permanent closure of the southbound SR 99 to Stockdale off-ramp.The closure has changed from the first order of work to the last order of work. Costs for this change include import borrow needed because the intended excavation material at the off-ramp would no longer be available as fill material.This change order results in an estimated increase of$56,000.00. Change Order No. 11 provides compensation to the contractor for the removal and disposal of previously unidentified asbestos containing materials near Bent 2 of the bridge widening and at an electrical box on eastbound SR 58 over SR 99.This change order results in an estimated increase of$11,000.00. FISCAL IMPACT: The sum of all change orders to date on this project reflects a total cost increase of $88,541.00 which results in a 0.32% increase of the original contract amount as illustrated below: Original Contract Amount = $23,300,296.80 Previous Change Orders = $21,541.00 Current Change Orders = $67,000.00 Amended Contract Agreement after CCOs = $27,388,837.80 Net Increase to date = $88,541.00 • BAKERSFIELD There is no General Fund impact associated with this change order. Federal, State, and Local funding for these change orders is available in project 25PWTR0l Centennial Corridor 71h Movement. COUNCIL GOAL: Reliable Infrastructure ATTACHMENTS: 1. CCO 04—Stockdale Off-Ramp Closure Resequencing 2. CCO 11—Asbestos Removal CITY OF BAKERSFIELD BAKERSFIELD Thomas Roads Improvement Program CONTRACT CHANGE ORDER SHEET 1 OF 1 CONTRACT NO. 2024-235 CHANGE ORDER NO. 4 P.O.NO. PB2506738 PROJECT: Centennial Corridor EB58 to NB99 Loop Connector ACNH-X029(153)E (7th Movement) FEDERAL NO.(S) CONTRACTOR: Granite Construction Company ADDRESS: 3005 James Road Bakersfield,CA 93308 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 bX City Council or City Engineer Description of work to be done,estimate of quantities,and prices to be paid. Segregate between additional work of contract price,agreed price and force account. Unless otherwise stated,rates for rental of equipment cover only such time as equipment is actually used and no allowance will be made for idle time. CHANGE SUBMITTED BY: Baniamin Holton.Construction Manama' DATE: 3/4/2025 CHANGE REQUESTED BY: Ben'amin Holton Cons uc i n n er DATE: 3/4/2025 Extra Work at Lump Scum Agreed Price: As authorized by the Engineer,and in accordance with section 4-1.05"Changes and Extra Work"of the Standard Specifications,to compensate the contractor for additional costs related to the resequencing of the work specified under Special Provision section 8-1.1013 as denoted below: Original-"Complete closure of SB Stockdale Off-ramp as a first order of work." Revised-"Complete closure of SB Stockdale Off-ramp as the last order of work." The cost associated with this Change Order specifically covers the material cost of 2,240 CY of Import Fill that is not available for the contractor to use elsewhere on the project prior to the SB Stockdale Offramp Closure work. This work will be paid for under an Agreed Lump Sum price. Agreed Lump Sum Price:$56,000.00 ACCOUNT NO(SI 1210-44021-825-5080410-0000-25PWTROI-0000 INCREASE $56,000.00 DECREASE $0.00 By reason of this order the time of City Council Approval Required YES X completion will be adjusted as follows: None NO Approved As to Form: CITY ATTORNEY Approved by the Council of City of Bakersfield Approval Recommended: City Engineer Mayor Countersigned:Finance Director Date We,the undersigned contractor,have given careful consideration to the change proposed and hereby agree,if this proposal is approved,that we will provide all equipment,furnish all materials,exce t as may otherwise be noted above,and 2erform all services necessaLy for the work above s ecified,and will accept as full a ent thereifore the ricer shown above. Accepted,Date: Contractor: Title: . ' " CITY OF BAKERSFIELD BAKERSFIELD Thomas Roads Improvement Program CONTRACT CHANGE ORDER SHEET ll OF 1 CONTRACT NO. 2024-235 CHANGE ORDER NO. 11 P.O.NO. PB2506738 PROJECT: Centennial Corridor EB58 to NB99 Loop Connector ACNH-X029Q153)E (7th Movement) FEDERAL NO.(S) CONTRACTOR: Granite Construction Compan ADDRESS: 3005 James Road Bakersfield,CA 93308 YOU ARE HEREBY DIRECTED TO MAKE THE HEREIN DESCRIBED CHANGES FROM THE PLANS AND SPECIFICATIONS OR DO THE FOLLOWING WORK DESCRIBED NOT INCLUDED IN THE PLANS AND SPECIFICATIONS ON THIS CONTRACT. NOTE: This change order is not effective until approved by City Council or City Engineer Description of work to be done,estimate of quantities,and prices to be paid. Segregate between additional work of contract price,agreed price and force account. Unless otherwise stated,rates for rental of equipment cover only such time as equipment is actually used and no allowance will be made for idle time. CHANGE SUBMITTED BY: 0,eniaman HoVttrn.Constructlon Manager DATE: 2/4/2025 CHANGE REQUESTED BY: Bsn a 6 H )ton Constr i n Mana er DATE: 2/4/2025 Extra Work at Force Account: As authorized by the Engineer,and in accordance with section 4-1.05"Changes and Extra Work"of the Standard Specifications,to complete the removal and disposal of previously unidentified asbestos containing materials in accordance with applicable regulations. This work will be paid for by Force Account. Labor,materials,and equipment,as approved by the Engineer,will be paid for in accordance with the provisions in Section 9-1.04,"Force Account"of the Standard Specifications. Estimate of Extra Work at Force Account:$11,000.00 ACCOUNT NO(S)_ 1210-44021-825-5080410-0000-25PWTR01-0000 INCREASE $11,000.00 DECREASE $0.00 By reason of this order the time of City Council Approval Required YES X completion will be adjusted as follows: None NO Approved As to Form: CITY ATTORNEY Approved by the Council of City of Bakersfield Approval Recommended: City Engineer Mayor Countersigned:Finance Director Date We,the undersigned contractor,have given careful consideration to the change proposed and hereby agree,if this proposal is approved,that we will provide all equipment,famish all materials,eacc t as may wherwase be noted,above and Cerform all services nocesIM for the work above s e6fiied,and will accept as full ra ent therefore the Edccs shown hove, Accepted,Date: 27 Contractor: Title: l"t • BAKERSFIELD ADMINISTRATIVE REPORT MEETING DATE: April 9,2025 AGENDA CATEGORY: Consent-Bids TO: Honorable Mayor and City Council FROM: Randy McKeegan, Finance Director DATE: April 2, 2025 SUBJECT: Reject bids for Annual Contract for Organic and Recyclable Material Hauling for the Solid Waste Division. RECOMMENDATION: Staff recommend rejection of bid BACKGROUND: Bids were solicited for an Annual Contract to haul organic and recyclable material from the City's Organics Facility located at 2601 So. Mt. Vernon Ave and the City's Material Recovery Facility located at 2260 So. Union Ave, to various landfill locations for the Solid Waste Division. Three bids for were received in response to the solicitation. The three bids received are as follows: BIDDER AMOUNT K&I Services, Inc. $696,250 Bakersfield, CA Mormastro Transport, Inc. $852,500 Bakersfield, CA Camland, Inc. O $1,303,500 Oxnard, CA Funds in the amount of $500,000 are budgeted for the services. The bids received exceed the overall budget for organic and recyclables material hauling by more than 39%. Staff recommend rejecting all bids and issuing a Request for Proposal solicitation to employ a more involved grading criteria as well as obtain more favorable pricing. FISCAL IMPACT: The services are budgeted in Refuse Enterprise Fund, therefore there is no impact to the City General Fund. COUNCIL GOAL: Innovative and Efficient City Government ATTACHMENTS: N/A • BAKERSFIELD ADMINISTRATIVE REPORT MEETING DATE: April 9, 2025 AGENDA CATEGORY: Successor Agency TO: Honorable Mayor and City Council FROM: Randy McKeegan, Finance Director DATE: March 28, 2025 SUBJECT: Receive and file Successor Agency payments from March 14, 2025, to March 27, 2025, in the amount of$1,400.00. 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 (ROPS) 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#794669 to HDL COREN &CONE INC for$$1,400.00 for fees for the continuing disclosure reports. FISCAL IMPACT: $1,400.00 COUNCIL GOAL: Innovative and Efficient City Government ATTACHMENTS: Oracle SA Admin Check Register 4.9.25 3/28/2025 AP - CHECK REGISTER - SUCCESSOR AGENCY PAGE 1 FROM 03/14/2025 - 03/27/2025 Payment Number Fund Vendor Name Check Date Check Total 794669 3710 HDL CO EN & CONE INC Mar 20, 2025 $1,400.00 0 $1,400.00 Number Number Vendor Name E-Payable Date Amount 0.00 0 $0.00 Disbursement Total 0 $1,400.00 S:\Accounting\LACEY\ADMIN-COUNCIL\2025\COUNCIL- SA\