BAKERSFIELD CITY COUNCIL
POST-MEETING AGENDA
REGULAR MEETING
June 10, 2026, 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 Marivic Louey, Vice President of the Boys & Girls Club of Kern County Board of Directors, declaring the week of June 22, 2026, as National Boys & Girls Week in Bakersfield
and celebrating the 60th Anniversary of the Boys & Girls Club of Kern County.
4.b Recognition of local, state, and federal responding agencies for their service during the hostage incident
Dr. John Mendiburu, Kern County Superintendent of Schools.
5. PUBLIC STATEMENTS
5.a Non-Agenda Item Public Statements
*5.a.1 Written materials provided by Eric Zacarias
*5.a.2 Written materials provided by Lori Pesante
*5.a.3 Written materials provided by Maria Polite
5.b Agenda Item Public Statements
6. CONSENT CALENDAR
Consent Calendar items 6.a through 6.j for approval
6.a Minutes
6.a.1 Approval of minutes of the May 27, 2026, Regular City Council Meetings.
Staff recommends approval of the minutes.
6.b Department Payments and Agreements
6.b.1 Receive and file payments from May 13, 2026, to May 26, 2026, totaling $16,236,495.04.
as follows: department payments in the amount of $15,752,327.35, and Self Insurance payments in the amount of $484,167.69.
Staff recommends receiving and filing the report.
6.b.2 Receive and file department agreements over $40,000 and under $100,000 between May 13,2026
and May 26, 2026.
Staff recommends receiving and filing the report.
6.c Ordinances
6.c.1 First Reading of an Ordinance Section 13.12.030 of the Bakersfield Municipal Code
relating to Development Improvement Standards and Specifications.
Staff recommends first reading of the ordinance.
6.c.2 Adoption of an ordinance enacting Chapter 17.74 to Title 17 (Zoning) related to Short Term Rentals
The City of Bakerfield is proposing to enact Chapter 17.74 to Title 17 (Zoning) of the Bakersfield Municipal Code (BMC), relating to regulating Short Term Rentals. A finding that the project is exempt from the California Environmental Quality Act will also be considered. (City-wide) (FR 5/27/26) Staff recommends adoption of the ordinance and notice of exemption.
6.d Resolutions
6.d.1 Resolution calling for the General Municipal election for Wards 1, 3, 4 and 7 and requesting consolidation with the County of Kern for the Statewide General Election to be held on Tuesday, November 3, 2026.
Staff recommends adoption of the resolution.
6.d.2 Resolution authorizing the Encumbrance of the Project Property located at 2310 Wible Road
to participate in the Behavioral Health Continuum of Care Infrastructure Program (BHCIP). (Ward 1)
Staff recommends adoption of the resolution.
6.d.3 Resolutions establishing the Fiscal Year 2026-27 refuse and recycling rates and authorizing
collection by the Kern County Auditor-Controller’s Office:
Resolution providing for the collection of residential and commercial refuse and recycling charges by the Kern County Auditor- Controller’s Office for FY 2026-27 (CPI Adjustments Only).
1. Resolution providing for the collection of delinquent refuse charges by the Kern County Auditor- Controller’s Office.
2. Staff recommends adoption of the resolutions.
6.e Job Specifications and Salary Updates
6.f Agreements
6.f.1 Agreement with the Housing Authority of the County of Kern ($567,823.66) for Homeless Housing, Assistance and Prevention Round 5 (HHAP-5) Grant
funds to provide Youth Rental Assistance services.
Staff recommends approval of the agreement.
6.f.2 Agreement with Duane Morris ($800,000)
for legal services through fiscal year 2026/2027 for water related cases Staff recommends approval of the agreement.
6.f.3 Final Map and Improvement Agreement with JP Land Development, LLC Tract 7262 Phase 8
Developer is requesting to enter into an agreement so the final map for Tract 7262 Phase 8 located northwest corner of Reliance Drive and Berkshire Road can be approved and recorded. (Ward 7)
Staff recommends approval of the Final Map and Improvement Agreement.
6.f.4 Amendment No.1 to Agreement No. PW24-120 with Ordiz-Melby Architects, Inc.
(increasing compensation $500,000; revised not to exceed $515,000), for Design Consultant Services of the Project Calm Horizons Facility Improvements.
Staff recommends approval of the amendment.
6.f.5 Amendment No. 3 to Agreement No. 2024-070 with Serological Research Institute
($40,000; not to exceed $180,000 and extend the term date to June 30, 2027) for continued DNA services.
Staff recommends approval of the amendment.
6.f.6 Amendment No. 1 to Agreement No. 2023-189
with HPS Mechanical, Inc. (increasing compensation by $500,000; revised not to exceed $1,000,000), for On-Call Construction Services.
Staff recommends approval of the amendment.
6.f.7 Amendment No.1 to Agreement No. 2025-094 Granite Construction Company
(incorporate approved contract price increase of five percent (5%), increase compensation by $6,400,000; revised not to exceed $17,400,000 and extend the term by one year) to continue the supply of street materials.
Staff recommend approval of the amendment.
6.f.8 Amendment No. 2 to Agreement No. 2025-164 with Willdan Energy Solutions
(increase compensation by $503,140; revised not to exceed $847,380) to allow for the procurement and safe harbor of a photovoltaic system for the Water Department solar project.
Staff recommends approval of the amendment.
*6.f.8.1 Staff Memorandum
6.f.9 Various Amendments to agreements for Granular Activated Carbon (GAC)
changeouts
services for the domestic water system Fiscal Year 2026-27 Amendment No. 3 to Agreement No. 2023-155 with Aqueous Vets (extend term by one year; no additional compensation, no expansion of scope).
1. Amendment No. 4 to Agreement No. 2023-156 with Carbon Supply Inc (extend term by one year; no additional compensation, no expansion of scope)
2. Staff recommend approval of amendments.
6.f.10 Contract Change Order No. 34 to Agreement No. 2024-235 (7th Movement) with Granite Construction Company (increasing compensation by $35,707.50; revised not to exceed $28,070,036.93) for the Centennial Corridor EB58 to NB99 Loop Connector Project. (Wards 1 & 2) Staff recommend approval of the contract change order.
6.g Bids
6.g.1 Pedestrian Safety Improvements on Chester Ave and 22nd St Reject all bids received for the pedestrian safety improvement project on Chester Ave at 22nd St. (Ward 2)
Staff recommends rejection of all bids and release of all bid guarantees.
6.g.2 Purchase of Juniper software subscription for the Technology Services Department
Accept bid from Bear Cloud Technologies, Inc. ($100,618.82), for Juniper Assurance & Virtual Network Assistant Subscription for the Technology Services Department.
Staff recommend acceptance of bid.
6.h Miscellaneous
6.i Successor Agency Business
6.j Public Safety/Vital Services Measure
6.j.1 Agreements for Bakersfield Senior Center Mixed-Use Project Agreement with Bakersfield Senior LP (not to exceed $9,839,446) for 36 new affordable housing units at 530 4th Street;
1. Agreement with Bakersfield Senior Center (not to exceed $6,018,320) for the construction of a new senior center at 530 4th Street;
2. Amendment No. 1 to Agreement No. 2024-262 a Memorandum of Understanding with Kern Council of Governments (extend the term) for Regional Early Action Planning Grants of 2021 Funding for Bakersfield Senior Center Affordable Housing and Facility. (Ward 2)
3. Staff recommends approval of the Agreements and the Amendment
7. CONSENT CALENDAR PUBLIC HEARINGS
Consent Calendar Public Hearings items 7.a through 7.c. for approval
7.a Public Hearing to consider Fiscal Year 2026-27 Budget, Park Landscape Assessment and Tax Collection
Resolution approving and adopting the Development Services Director’s Report for the Consolidated Maintenance District (CMD) and the 2026-27 CMD budget confirming the park landscaping assessments and authorizing the collection of assessments by the Kern County Tax Collector.
Staff recommends receiving protest statements (if any), overriding protests (if any) and adopting the resolution.
7.b Public Hearing to consider Fiscal Year 2026-27 Street and Median Landscaping Assessments
Resolution approving and adopting the Development Services Director’s Report for the Consolidated Maintenance District (CMD) and the 2026-2027 CMD budget confirming the street and median landscaping assessments and authorizing the collection of assessments by the Kern County Tax Collector.
Staff recommends receiving protest statements (if any), overriding protests (if any) and adopting the resolution.
7.c Public Hearing to consider the Fiscal Year 2026–27 Assessments and Tax Collection for 28
Traffic Signal Maintenance Districts Resolution approving and adopting the Development Services Director’s Report for twenty-eight (28) Traffic Signal Maintenance Districts (“TSMD” herein) and the 2026-2027 CMD budget confirming the assessments and authorizing the collection of assessments by the Kern County Tax Collector.
Staff recommends receiving protest statements (if any), overriding protests (if any) and adopting the resolution.
8. HEARINGS
8.a Public Hearing for the Fiscal Year 2026-27 Proposed Budget Fiscal Year 2026-27 Proposed Operating & Capital Improvement Program Budget.
1. Status of City of Bakersfield Position Vacancies and Recruitment and Retention Efforts as required by Assembly Bill 2561 (Government Code Section 3502.3)
2. Staff recommends City Council hear public testimony. *8.a.1 Staff Memorandum
*8.a.2 PowerPoint Presentation
*8.a.3 PowerPoint Presentation
9. REPORTS
10. DEFERRED BUSINESS
10.a Amendment No. 1 to Agreement No. 2025-095 with Rancho Tree Service ($900,000; revised not to exceed $1,400,000) for continued tree trimming services
for one additional year. (All Wards)
Staff recommends approval of the amendment.
*10.a.1 Staff Memorandum
*10.a.2 Written materials provided by Eddy Laine
*10.a.3 PowerPoint Presentation
10.b 'H' Street Corridor Improvements Project
Accept bid and approve contract with Griffith Company for $14,372,735.1.
Authorize staff to approve, as necessary, up to $300,000 in City-Controlled contingency for unforeseen conditions during the construction of said project.
2. Approve Amendment No. 2 to Agreement No. 2023-054 with Quad Knopf, Inc. dba QK (increasing compensation $150,100; revised not to exceed $947,435), for Engineering Design Services for the Corridor Improvements along 'H' Street - State Route 58 to State Route 204 Project. (Ward 2)
3. Staff recommends acceptance of the bid and approval of contract, approval of the City-controlled contingency, and approval of the amendment. *10.b.1 Staff Memorandum
*10.b.2 Written material provided by Karina Funez
*10.b.3 PowerPoint Presentation
11. NEW BUSINESS
12. COUNCIL AND MAYOR STATEMENTS
13. CLOSED SESSION
14. ADJOURNMENT
BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF MAY 27, 2026
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 Gonzales, Weir, Smith, Koman and Bashirtash (seated at 3:32 p.m.)
Absent: Vice Mayor Kaur, Councilmember Arias
2. PUBLIC STATEMENTS
2.a. Non-Agenda Item Public Statement
Olivia Nazarson made comments regarding sewer rate increase.
2.b. Agenda Item Public Statements
The following made comments regarding Reports item 4.a.:
Lamar Brandysky, Deborah Newman (provided written materials), Veronica White, Donna Wilmot and Abdel Dialia.
3. APPOINTMENTS
None.
4. REPORTS
4.a. Presentation of Chapter 17.74 (Zoning) enacting regulations for Short Term Rentals The presentation will summarize the operating zoning regulations, the revenue and permit fee structure and its enforcement.
(Staff recommends the City Council receive and file the report.)
City Clerk Drimakis announced that a staff memorandum was provided for Reports item 4.a. transmitting correspondence received.
Deputy City Attorney King provided a PowerPoint presentation and Development Services Director Burns made additional comments and continued the PowerPoint presentation.
Motion by Councilmember Gonzales to receive and file. Motion approved with Vice Mayor Kaur and Councilmember Arias absent.
5. CLOSED SESSION
None.
6. CLOSED SESSION ACTION
None.
7. ADJOURNMENT
Mayor Goh adjourned the 3:30 p.m. meeting at 4:15 p.m.
Bakersfield, California, May 27, 2026 - Page 2
REGULAR MEETING - 5:15 PM
1. ROLL CALL
Present: Mayor Goh, Vice Mayor Kaur (seated at 5:21 p.m.), Councilmembers Arias (seated at 5:35 p.m.), Gonzales, Weir, Smith, Koman and Bashirtash
2. INVOCATION
By Ron Birks, Navy Veteran and District Chaplain of Veterans of Foreign Wars, California, District 6 Post, Senior Vice President of VFW Post 10857.
3. PLEDGE OF ALLEGIANCE
by Brody Pierce, Junior at Bakersfield Christian High School, Ford Dimension Dream Builder.
4. PRESENTATIONS
Proclamation to Jeremy Tobias, CEO of Community Action Partnership of Kern, declaring May 2026, as Community Action Month in Bakersfield.
5. PUBLIC STATEMENTS
5.a. Non-Agenda Item Public Statements
1. David Madding, Programs Director, Open Door Network, made comments regarding The Clean City Initiative.
2. Kazuya Kinjo Buckland, Evelyn Delgado (written materials provided) and Amanda Bluemel (written materials provided) made comments regarding Harris Road safety.
Vice Mayor Kaur requested staff re-engage with the Superintendent of Schools and identify ways to continue to increase public safety through infrastructure improvements.
Vice Mayor Kaur requested staff regularly engage with the neighborhoods surrounding Harris Road as the review and redesign discussions continue.
City Attorney Gennaro made additional staff comments.
3. Karina Funez and Yesenia Fernandez, Tobacco Coalition of Kern County made comments requesting support for a smoke-free parks policy.
Vice Mayor Kaur requested staff bring forward a discussion on smoke- free parks awareness to the Safe and Healthy Committee.
4. Evelyn Young Spath, Jeanette Richardson, Eddy Laine and Sharon Briel, Antonio Martinez made comments in support of Measure N match funds for Martin Luther King Park.
5. Antje Lauer, Natalie Lockard made comments regarding water in the Kern River.
5.b. Agenda Item Public Statements
1. The following speakers made comments regarding Consent Calendar items
6.f.14, 6.f.15. and 6.f.16.
Eddy Laine, Sharon Briel, Gitika Commuri, Robert Hooks, Rob Parsons and Valentina Gutierrez.
2. Darryle Abbott made comments regarding Consent Calendar item 6.h.1.
Bakersfield, California, May 27, 2026 - Page 3
5. PUBLIC STATEMENTS continued
item 5.b. continued
3. The following speakers made comments in opposition regarding Deferred Business item 10.a.:
Darryle Abbott, Arturo Saldana, Debbie Busby and Catalina Maldonado.
Terrence Moylan made comments in support.
4. Darryle Abbott made comments regarding New Business item 11.a.
6. CONSENT CALENDAR
a. Minutes:
6.a.1. Approval of minutes of May 13, 2026, Regular City Council Meetings and May 18, 2026, Department Budget Presentation Meeting.
(Staff recommends approval of the minutes.)
b. Payments:
6.b.1. Receive and file department payments from April 29, 2026, to May 12, 2026, totaling $23,364,101.85 as follows: department payments in the amount of $22,877,517.18 and Self Insurance payments in the amount of $486,584.67. (Staff recommends receive and file report.)
6.b.2. Receive and file department agreements over $40,000 and under $100,000 executed between April 29, 2026, to May 12, 2026.
(Staff recommends receive and file report.)
c. Ordinances:
6.c.1. First reading of an ordinance proposing to Enactment Chapter 17.74 to Title 17 of the Bakersfield Municipal Code related to Short Term Rentals. A finding that the project is exempt from the California Environmental Quality Act will also be considered (Staff recommends first reading of the ordinance and its notice of exemption.)
ITEM RMOVED FOR SEPARATE CONSIDERATION. See page 11.
6.c.2. Adoption of an ordinance amending Bakersfield Municipal Code Section 1.12.010 by adding Annexation No. 709 consisting of approximately 105 gross acres generally located on the southwest corner of White Lane and South Union Avenue. (Ward 1) (FR 5/13/26)
(Staff recommends adoption of the ordinance.)
ORD 5215
6.c.3. Adoption of the following ordinances amending various sections of the Bakersfield Municipal Code (BMC) (FR 5/13/26)
(Staff recommends adoption of the proposed ordinance amendments and its accompanying Notice of Exemption.)
1. An ordinance enacting Section 8.27.012 relating to Lead and Substandard Complaints.
ORD 5216
Bakersfield, California, May 27, 2026 - Page 4
6. CONSENT CALENDAR continued
Item 6.c.3. continued
2. An ordinance amending Title 17, Sections 17.04.200 and 17.04.235 and adding Section 17.04.356 relating to Definitions; amending Sections
17.10.020 and 17.10.040 relating to Residential Zones; amending Section
17.24.020 relating to Uses permitted in the Regional Commercial Zone (C-2); amending Section 17.25.020 relating to Uses permitted in the Central Business Zone (C-B); amending Section 17.26.020 relating to Uses permitted in the Commercial Center Zone (C-C); amending Section 17.58.015 relating to Residential Parking Requirements; amending Section 17.64.060 relating to Director review and approval permits and conditional use permits-Hearing- Decision and findings; and amending Section 17.73.040 relating to Approval findings.
ORD 5217
d. Resolutions:
6.d.1. Resolution approving the Fiscal Year 2026-27 Capital Project List funded by Senate Bill 1 the Road Repair and Accountability Act of 2017 and authorizing the Public Works Director to submit the project list to the California Transportation Commission. (Staff recommends adoption of the resolution.)
RES 054-2026
6.d.2. Resolution approving an application to the Kern County Local Agency Formation Commission (LAFCo) to annex scarcely inhabited territory into the City identified as Annexation No. 725 (Calloway No. 18) generally located at the southeast corner of Calloway Drive and Tortuga Del Mar Drive. A Notice of Exemption will also be considered. (Ward 4)
(Staff recommends adoption of the resolution and its proposed Notice of Exemption and adopt a resolution to submit an application to LAFCo to annex property.)
RES 055-2026
6.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 056-2026
6.d.4. Resolution determining that office supplies cannot be reasonably obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding for the purchase of office supplies from Stinson Stationers, Inc. thereof, not to exceed $400,000.
(Staff recommend adoption of the resolution.)
RES 057-2026
6.d.5. Resolution determining that HON furniture can most efficiently be obtained through cooperative procurement bidding procedures from Stinson Stationer, Inc., and authorizing the Finance Director to dispense with bidding for the purchase of office furniture for the Technology Services Department thereof, not to exceed $135,779.13. (Staff recommend adoption of the resolution and approval of the purchase.)
RES 058-2026
Bakersfield, California, May 27, 2026 - Page 5
6. CONSENT CALENDAR continued
6.d.6. Dispense with bidding for HVAC maintenance and upgrade services for Wastewater Treatment Plant III (Ward 7)
(Staff recommend approval of the resolution and contract.)
1. Resolution determining that HVAC maintenance and upgrade services can most efficiently be procured through cooperative procurement bidding procedures from Mesa Energy Systems Inc., dba EMCOR Services Mesa Energy and authorizing the Finance Director to dispense with bidding therefore, not to exceed $175,385.
RES 059-2026
2. Approve contract with Mesa Energy Systems Inc., dba EMCOR Services Mesa Energy ($175,385) for HVAC maintenance and upgrade services at Wastewater Treatment Plant III.
AGR 2026-090
6.d.7. Resolution of Intention No. 2260 for 2026-2027 CMD Budget for Street and Median Landscaping Assessments Preliminarily adopting, confirming, and approving the Development Services Director’s Report for the Consolidated Maintenance District (“CMD” herein) and the 2026-2027 CMD budget and setting the time and place for hearing protests regarding the amount of street and median landscaping assessments to be levied throughout the CMD.
(Staff recommends adoption of the resolution of intention.)
ROI 2260
6.d.8. Resolution of Intention No. 2261 for 2026-2027 CMD Budget for Park Landscaping Assessments Preliminarily adopting, confirming, and approving the Development Services Director’s Report for the Consolidated Maintenance District (“CMD” herein) and the 2026-2027 CMD budget and setting the time and place for hearing protests regarding the amount of park landscaping assessments to be levied throughout the CMD.
ROI 2261
6.d.9. Resolution of Intention No. 2262 for 2026-2027 TSMD Budget for Traffic Signal Assessments Preliminarily adopting, confirming, and approving the Development Services Director’s Report for twenty-seven (27) Traffic Signal Maintenance District (“TSMD” herein) and the 2026-2027 TSMD budget and setting the time and place for hearing protests regarding the amount of traffic signal assessments to be levied throughout the TSMD.
ROI 2262
6.d.10. Resolutions of Intention to add multiple areas to the Consolidated Maintenance District and preliminarily approving, confirming, and adopting the Development Services Director’s Report:
(Staff recommends adoption of the resolutions of intention.)
1. ROI No. 2263 adding Area 3-123 (8339 Buena Vista Road): Street Tier = 2; Park Tier = 1.5 – Ward 5
ROI 2263
2. ROI No. 2264 adding Area 4-308 (1509 Potomac Avenue): Street Tier = 0.5; Park Tier = 0.5 – Ward 2
ROI 2264
Bakersfield, California, May 27, 2026 - Page 6
6. CONSENT CALENDAR continued
item 6.d.10. continued
3. ROI No. 2265 adding Area 4-309 (1213 Murdock Street): Street Tier = 0.5; Park Tier = 0.5 – Ward 2
ROI 2265
4. ROI No. 2266 adding Area 4-310 (340 S. Owens Street): Street Tier = 0.5; Park Tier = 0.5 – Ward 2
ROI 2266
5. ROI No. 2267 adding Area 4-311 (209 E. 10th Street): Street Tier = 0.5; Park Tier = 0.5 – Ward 2
ROI 2267
6. ROI No. 2268 adding Area 4-313 (346 S. Owens Street): Street Tier = 0.5; Park Tier = 0.5 – Ward 2
ROI 2268
7. ROI No. 2269 adding Area 4-314 (418 S. Williams Stret): Street Tier = 0.5; Park Tier = 0.5 – Ward 2
ROI 2269
8. ROI No. 2270 adding Area 4-316 (420 S. Brown Street): Street Tier = 1; Park Tier = 1 – Ward 2
ROI 2270
9. ROI No. 2271 adding Area 4-324 (1017 22nd Street): Street Tier = 2; Park Tier = 1 – Ward 2
ROI 2271
10. ROI No. 2272 adding Area 4-326 (809 Chester Avenue): Street Tier = 1; Park Tier = 0 – Ward 2
ROI 2272
11. ROI No. 2273 adding Area 5-142 (3615 Shellmacher Avenue): Street Tier = 0; Park Tier = 0 – Ward 1
ROI 2273
12. ROI No. 2274 adding Area 5-143 (2617 Norman Avenue) Street Tier = 1; Park Tier = 1 – Ward 1
ROI 2274
6.e. Job Specifications and Salary Updates
None.
6.f. Agreements
6.f.1. Termination of Agreement No. 2025-024 with Psychiatric Wellness Center to provide intensive case management services to justice-impacted, chronically homeless individuals.
(Staff recommends termination of the agreement.)
Bakersfield, California, May 27, 2026 - Page 7
6. CONSENT CALENDAR continued
6.f.2. Agreement with Paymentus Corporation to provide electronic bill payment services for utilities, business licenses, and other customer charges. (Staff recommends approval of the agreement.)
AGR 2026-091
6.f.3. Agreement with Allied Managed Care, Inc. (AMC) (not to exceed $3,500,000), for Workers’ Compensation Bill Review Services.
(Staff recommends approval of the agreement.)
AGR 2026-092
6.f.4. Agreement with Motorola Solutions Inc. (not to exceed $100,000), for their Investigative LPR Applications for the Bakersfield Police Department. (Staff recommends approval of the agreement.)
AGR 2026-093
6.f.5. Agreement with EMCOR Services Mesa Energy (not to exceed $259,126) to provide a temporary chiller for the Valley Children’s Ice Center to maintain the ice rink during the modernization of the existing ice plant.
(Staff recommends approval of the agreement.)
AGR 2026-094
6.f.6. Design Consultant Agreement with Meyer Civil Engineering, Inc. (not to exceed $257,010), for the Carrier Canal Headgate Reconstruction Project. (Staff recommends approval of the agreement.)
AGR 2026-095
6.f.7. Median Fee Reimbursement Agreement with Summit Capital Ventures, Inc. (not to exceed $86,518.70), for median construction on East Panama Lane along the frontage of Tract Map 6712 Phases 1 & 2. (Ward 1)
(Staff recommends approval of the agreement.)
AGR 2026-096
6.f.8. Transportation Impact Fee credit agreement with Summit Capital Ventures, Inc. (not to exceed $89,143.35), for improvements constructed on East Panama Lane. (Ward 1)
(Staff recommends approval of the agreement.)
AGR 2026-097
6.f.9. Amendment No. 5 to Agreement No. 2020-178 with Housing Authority of the County of Kern (extend term to December 31, 2026) for Homeless Housing Assistance and Prevention (HHAP) 4 Youth Rental Assistance.
(Staff recommends approval of the amendment.)
AGR 2020-178 (5)
6.f.10. Amendment No. 2 to Agreement No. 2022-136 with Info-Tech Research Group (increasing compensation by $367,451.99 and extend term 2 years) to include their “Technical Counselor Membership”.
(Staff recommends approval of the amendment.)
AGR 2022-136 (2)
Bakersfield, California, May 27, 2026 - Page 8
6. CONSENT CALENDAR continued
6.f.11. Amendment No. 1 to Agreement No. 2024-110 with Southstar Engineering and Consulting Inc. (to extended term date to May 15, 2027), for professional and virtual webmaster and content management services.
(Staff recommends approval of the amendment.)
AGR 2024-110 (1)
6.f.12. Amendment No. 8 to Agreement No. 2020-004 with Superion, LLC (increase compensation $363,552.18, revised not to exceed $2,264,722; extend term to July 31, 2027), for ongoing software maintenance services for the city’s licensed programs as well as the development, installation, and staff training of various supporting applications.
(Staff recommends approval of the amendment.)
AGR 2020-004 (8)
6.f.13. Amendment No. 1 to Agreement No. 2024-320 with Zencity Technologies US, Inc. (increase compensation $50,000; not to exceed $225,000), for reporting and analysis of community satisfaction with local law enforcement agencies. (Staff recommends approval of the amendment.)
AGR 2024-320 (1)
6.f.14. Amendment No. 1 to Agreement No. 2025-095 with Rancho Tree Service (incorporating a contract price increase of five percent (5%), increase compensation by $900,000; revised not to exceed $1,400,000; and extend term one year) to continue the supply of tree trimming services.
(Staff recommends approval of the amendment.)
ITEM REMOVED FOR SEPARATE CONSIDERATION. See page 11.
6.f.15. Amendment No.1 to Agreement No. 2025-096 with General Tree Service, Inc. (decrease compensation by $400,000; revised not to exceed $100,000; and extend term one year), to continue the supply of tree trimming services. (Staff recommends approval of the amendment.)
AGR 2025-096 (1)
6.f.16. Amendment No. 1 to Agreement No. 2023-148 with McCormick Landscape Service, Inc. DBA Venable's Tree Service ($100,000; revised not to exceed $393,928.52 and extend term one year) for continued streetscape and median landscape maintenance. (Ward 2)
(Staff recommends approval of the amendment.)
AGR 2023-148 (1)
6.f.17. Amendment No. 2 to Agreement No. 2023-147 with San Diego Landsystems, LLC (increase compensation $286,456; revised not to exceed $901,256 and extend term to June 28, 2027), for continued streetscape and median landscape maintenance. (Wards 4 & 5)
(Staff recommends approval of the amendment.)
AGR 2023-147 (2)
6.f.18. Amendment No. 2 to Agreement No. 2024-124 with Advanced Industrial Services (extend term one year) to provide On-Call Industrial cleaning services for the Wastewater Division of the Water Department.
(Staff recommends approval of the amendment.)
AGR 2024-124 (2)
Bakersfield, California, May 27, 2026 - Page 9
6. CONSENT CALENDAR continued
6.f.19. Rental of slow-speed shredder for the Mt Vernon Organics Recycling and Composting Facility
(Staff recommends approval of the amendment and appropriation of funds.)
1. Amendment No. 1 to Agreement No. PW2025-035 with Bejac Corporation (increase compensation $116,122.72; revised not to exceed $546,898.52 and extend term to September 30, 2026) for the said rental.
AGR 2026-098
2. Approve appropriation $116,122.72 from Refuse Enterprise Fund Balance for a total not to exceed $546,898.52.
6.f.20. Amendment No. 1 to Agreement No. 2025-151 with AECOM Technical Services (increase compensation by $101,550; revised not to exceed $1,154,612) to provide engineering services for Wastewater Treatment Plant No. 2 and No.3 Upgrade and Expansion Evaluations.
(Staff recommend approval of the amendment.)
AGR 2025-151 (1)
6.f.21. Amendment No. 1 to Agreement No. 2023-118 with Power Solutions Group LLC (extend term one year), to provide On-Call Equipment Maintenance services for the Wastewater Division of Water Department.
(Staff recommends approval of the amendment.)
AGR 2023-118 (1)
6.f.22. Amendment No. 1 to Agreement No. 2023-119 with Witcher Electric (increase compensation by $150,000; revised not to exceed $500,000 and extend term one year) to provide On-Call Equipment Maintenance services for the Wastewater Division.
(Staff recommend approval of the amendment.)
AGR 2023-119 (1)
6.f.23. Amendment No. 1 to Agreement No. 2023-120 with Industrial Electrical Construction and Maintenance (increase compensation by $100,000; revised not to exceed $400,000 and extend term one year) to provide On-Call Equipment Maintenance services for the Wastewater Division.
(Staff recommend approval of the amendment.)
AGR 2023-120 (1)
6.f.24. Amendment No. 1 to Agreement No. 2023-121 with Cannon (extend term one year) to provide On-Call Equipment Maintenance services for the Wastewater Division of the Water Department.
(Staff recommend approval of the amendment.)
AGR 2023-121 (1)
6.f.25. Amendment No. 1 to Agreement No. 2023-122 with Slater Plumbing and Mechanical (increase compensation by $100,000; revised not to exceed $200,000 and extend term one year) to provide On-Call Equipment Maintenance service for the Wastewater Division.
(Staff recommend approval of the amendment.)
AGR 2023-122 (1)
Bakersfield, California, May 27, 2026 - Page 10
6. CONSENT CALENDAR continued
6.f.26. Amendment No. 1 to Agreement No. 2023-123 with Quinn Company (increase compensation by $60,000; revised not to exceed $360,000 and extend term one year) to provide On-Call Equipment Maintenance Services for the Wastewater Division.
(Staff recommend approval of the amendment.)
AGR 2023-123 (1)
6.f.27. Amendment No. 3 to Agreement No. 2024-157 Loop Electric Inc. (incorporating a contract price increase of seven and one-half percent (7.5%), increasing compensation $500,000; revised not to exceed $2,119,100, and extend term one year), to continue the supply of vehicle loop cutting and streetlight repair service. (Staff recommend approval of the amendment.)
AGR 2024-157 (3)
6.g. Bids:
None.
6.h. Miscellaneous:
6.h.1. Appropriate $400,000 from the Sewer Enterprise Fund (SEF) fund balance into the Public Works Department’s Capital Improvements Program within the SEF fund for the Sewer Lift Station Rehabilitation at Hageman Road and Allen Road project. (Ward 4)
(Staff recommends approval of the appropriation.)
6.h.2. Appropriate $77,250 grant funds from the California Governor's Office of Emergency Services (Cal OES) to the Fire Department Operating budget within the General Fund to provide training to local Regional Task Force members and for the purchase of necessary equipment and training consumables.
(Staff recommends approval of the appropriation.)
6.i. Successor Agency Business:
None.
6.j. Public Safety/Vital Services Measure:
None.
City Clerk Drimakis announced a staff memorandum was provided regarding Consent Calendar item 6.c.1. transmitting correspondence in support of the item. Additional staff memorandum was received for items 6.f.14, 6.f.15, and 6.f.16. transmitting correspondence requesting the items be pulled for separate discussion.
Councilmember Gonzales requested Consent Calendar item 6.c.1. be removed for separate consideration.
Councilmember Arias requested Consent Calendar item 6.f.14. be removed for separate consideration.
Councilmember Gonzales abstained from Consent Calendar items 6.f.14 and 6.f.15 due to a campaign contribution made by the person or entity of a contribution of more than $500 within the preceding 12 months. Councilmember Gonzales voted on the remaining Consent Calendar items.
Bakersfield, California, May 27, 2026 - Page 11
6. CONSENT CALENDAR continued
Motion by Vice Mayor Kaur to adopt Consent Calendar items 6.a. through 6.j. with the removal of item 6.c.1. and 6.f.14. for separate consideration. Motion approved with Councilmember Gonzales abstaining from items 6.f.14 and 6.f.15. due to campaign contributions.
6.c.1. First reading of an ordinance proposing to Enactment Chapter 17.74 to Title 17 of the Bakersfield Municipal Code related to Short Term Rentals. A finding that the project is exempt from the California Environmental Quality Act will also be considered (Staff recommends first reading of the ordinance and its notice of exemption.)
FR ONLY
Motion by Councilmember Gonzales to approve Consent Calendar item 6.c.1. revising the ordinance to reduce the liability insurance from $1 Million to $500,000 and to compel short-term rentals platforms to collect transient occupancy tax directly.
Motion approved with Councilmember Weir voting no.
6.f.14. Amendment No. 1 to Agreement No. 2025-095 with Rancho Tree Service (incorporating a contract price increase of five percent (5%), increase compensation by $900,000; revised not to exceed $1,400,000; and extend term one year) to continue the supply of tree trimming services.
(Staff recommends approval of the amendment.)
City Manager Clegg provided staff comments.
Assistant City Manager Anthony provided additional staff comments.
Motion by Councilmember Arias to continue Consent Calendar item 6.f.14. to the June 10, 2026, City Council Meeting. Motion approved with Councilmember Gonzales abstaining.
Mayor called for a recess at 6:40 p.m. meeting was reconvened at 6:49 p.m.
7. CONSENT CALENDAR PUBLIC HEARINGS
7.a. General Plan Amendment and Zone Change No. 24-0040 McIntosh and Associates (applicant), on behalf of Kern Land Partners LLC (property owner) is proposing a General Plan Amendment and Zone Change on approximately 5.39 acres generally located at the southeast corner of Ashe Road and McKee Road. The request includes: (Ward 7)
(Staff and the Planning Commission recommend adoption of the resolutions and first reading of the ordinance.)
1. Resolution adopting a Mitigated Negative Declaration pursuant to the California Environmental Quality Act.
RES 060-2026
2. Resolution adopting General Plan Amendment to change land use designation from LR (Low Density Residential) to GC (General Commercial).
RES 061-2026
3. First Reading of an ordinance amending Title 17 of the Bakersfield Municipal Code by changing the official zoning classification from R-1 (Single-Unit Dwelling) to C-2/PCD (Regional Commercial/Planned Commercial Development).
FR ONLY
Bakersfield, California, May 27, 2026 - Page 12
7. CONSENT CALENDAR PUBLIC HEARINGS continued
7.b. General Plan Amendment and Zone Change No. 25-0008 Cornerstone Engineering, Inc. (applicant), on behalf of Calloway North Investors LLC (property owner), is proposing a General Plan Amendment and Zone Change on approximately 10.44 acres generally located on the east side of Calloway Drive between Tortuga Del Mar Drive and Snow Road. The request includes: (Ward 4)
(Staff and the Planning Commission recommend adoption of the resolutions and first reading of the ordinance.)
1. Resolution adopting a Mitigated Negative Declaration pursuant to the California Environmental Quality Act.
2. Resolution adopting General Plan Amendment to change land use designation from R-IA (Resource – Intensive Agriculture) to LR (Low Density Residential).
3. First Reading of an ordinance amending Title 17 of the Bakersfield Municipal Code by changing the official zoning classification from County A (Exclusive Agriculture) to City R-1 (Single-Unit Dwelling).
ITEM REFERRED BACK TO STAFF.
7.c. General Plan Amendment and Zone Change 22-0372 and its proposed mitigated negative declaration. Cornerstone Engineering, Inc. (applicant), on behalf of David Gill (property owner), is proposing a General Plan Amendment and Zone Change on approximately 2.5 acres generally located on the northwest corner of Stine Road and Ryzona Drive. The request includes: (Ward 7)
(Staff and the Planning Commission recommend adoption of the resolutions and first reading of the ordinance.)
1. Resolution adopting a Mitigated Negative Declaration pursuant to the California Environmental Quality Act.
RES 062-2026
2. Resolution adopting General Plan Amendment to change land use designation from ER (Estate Residential) and SR (Suburban Residential) to HMR (High Medium Density Residential).
RES 063-2026
3. First Reading of an ordinance amending Title 17 of the Bakersfield Municipal Code by changing the official zoning classification from R-S 2.5A (Residential Suburban 2.5-acre minimum) to R-2 (Small Lot Single-Unit Dwelling) Zone.
FR ONLY
City Clerk Drimakis announced a staff memorandum was received requesting Consent Calendar Public Hearings item 7.b. be referred back to staff due to an issue related to the public hearing notice.
Consent Calendar Public Hearing items 7.a. through 7.c. opened at 6:50 p.m.
No one spoke in opposition or favor.
Consent Calendar Public Hearing items 7.a. through 7.c. closed at 6:51 p.m.
Motion by Vice Mayor Kaur to adopt Consent Calendar Public Hearings 7.a. through
7.c. with Consent Calendar Public Hearings item 7.b. referred back to staff. Motion unanimously approved.
Bakersfield, California, May 27, 2026 - Page 13
8. HEARINGS
None.
9. REPORTS
None.
10. DEFERRED BUSINESS
10.a. Resolution adopting Sewer User Rates for Fiscal Years 2026-27 through 2030-31. (Staff recommends adoption of the resolution.)
RES 064-2026
City Clerk Drimakis announced a staff memorandum was received transmitting comments in opposition.
Mayor Goh confirmed with Vice Mayor Kaur and Councilmembers Smith and Bashirtash who were not present for the Prop 218 Hearings that were held on April 22, 2026, and May 13, 2026, have watched and listened to the public comments on record to participate in the vote.
City Manager Clegg made staff comments and provided a PowerPoint Presentation.
City Clerk Drimakis made comments regarding Prop 218 Hearings:
Following the public hearings held on April 22nd and May 13th for the proposed sewer rate increase, I am providing the final report on the written protests received by the City. The City received a total of 1,403 protest letters. After careful review and verification, 1,186 of those protests were determined to be valid. For the proposed rate increase to be defeated by protest alone, the City must have received 53,212 valid protests by the close of the public hearing on May 13, 2026. As you can see, the number of valid protests received falls significantly short of that threshold. For the record, all 217 invalid protests were individually reviewed and verified. Those protests were deemed invalid for the following reasons:
• Property located outside the City’s sewer service area (some protests were received from residents in Lamont, Lake Isabella, Mojave, and Wasco); • Duplicate protests from the same property;
• Property not currently billed for sewer service (primarily vacant parcels); • No parcel number or address provided, making it impossible to verify ownership or connection to the service area;
• Lack of a “wet” (original) signature.
Staff completed a full accounting of the protests received and maintains documentation of every protest received and the reason for any invalidation. With only 1,186 valid protests against the required 53,212, the protest threshold has not been met. Therefore, the rate increase cannot be defeated by written protest and is now before the Council for final action.
Finance Director McKeegan made additional staff comments.
Councilmember Gonzales requested staff present a plan to utilize federal ARPA funding from the fund balance and allocate funds to assist low-fixed income families offset the sewer cost increases.
Motion by Vice Mayor Kaur to deny Prop 218 Sewer Rate Increase. Motion failed.
Bakersfield, California, May 27, 2026 - Page 14
10. DEFERRED BUSINESS continued
item 10.a. continued
Motion by Councilmember Gonzales to pursue The County scenario in bonding earlier years and set year-one rate at $400, year-two at $500 and year-three at $600 and come back for Council discussion on year four and five and a three-year rate plan. Motion failed.
Motion by Councilmember Arias to adopt staff recommendations with direction that staff develop a one-time allocation appropriation to very low-and fixed-income households beginning next fiscal year. Motion failed with Vice Mayor Kaur and Councilmembers Weir, Smith, Koman and Bashirtash voting no.
Motion by Councilmember Smith to adopt staff recommendations for the Prop 218 sewer increase as presented by the City Manager. Motion approved with Vice Mayor Kaur and Councilmember Weir voting no.
Mayor called for a recess at 8:17 p.m. meeting was reconvened at 8:24 p.m.
11. NEW BUSINESS
11.a. Accept Bid and Approve Contract with Griffith Company for the 'H' Street Corridor Improvements Projects:
(Staff recommends acceptance of the bid and approval of contract, approval of the City-controlled contingency, and approval of the amendment.)
1. Accept bid and approve contract with Griffith Company for $14,372,735 authorize staff to approve, as necessary, up to $300,000.00 in City- Controlled contingency for unforeseen conditions during the construction of said project.
2. Approve Amendment No. 2 to Agreement No. 2023-054 with Quad Knopf, Inc. dba QK (increasing compensation $150,100; revised not to exceed $947,435), for Engineering Design Services for the Corridor Improvements along 'H' Street - State Route 58 to State Route 204 Project. (Ward 2)
Public Works Director Meyer made staff comments and provided a PowerPoint presentation. Assistant Public Works Director Archer made additional staff comments and continued the PowerPoint presentation.
Motion by Councilmember Gonzales to continue item to the June 10, 2026, City Council Meeting. Motion unanimously approved.
12. COUNCIL AND MAYOR STATEMENTS
Vice Mayor Kaur congratulated all graduates.
13. CLOSED SESSION
None.
Bakersfield, California, May 27, 2026 - Page 15
14. ADJOURNMENT
Mayor Goh adjourned the meeting in honor of Memorial Day at 8:48 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, May 27, 2026 - Page 16
***THIS PAGE INTENTIONALLY LEFT BLANK***
ADMINISTRATIVE REPORT
MEETING DATE: June 10, 2026 AGENDA CATEGORY: Consent – Payments and Agreements TO: Honorable Mayor and City Council
FROM: Randy McKeegan, Finance Director
DATE: May 27, 2026
SUBJECT: Receive and file payments from May 13, 2026, to May 26, 2026, totaling $16,236,495.04. as follows: department payments in the amount of $15,752,327.35, and Self Insurance payments in the amount of $484,167.69.
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:
$16,236,495.04.
COUNCIL GOAL:
Innovative and Efficient City Government
ATTACHMENTS:
1. 1-AP Check Register 6.10.26
2. Oracle AP Check Register 6.10.26
5/27/2026 CHECK REGISTER
FROM 05/13/2026 TO 05/26/2026
PAGE 1
Check Number Vendor Number Vendor Name Check Date Check Amount 775491 33184 EYEMED May 14, 2026 $5,664.89 775492 26810 RELIASTAR LIFE INSURANCE CO May 14, 2026 $4,914.24 775493 30027 U S BANK - PARS #6746022400 May 14, 2026 $2,988.47 775494 30029 UNITED CONCORDIA DENTAL PLANS OF CA May 14, 2026 $69,987.22 775495 30020 UNUM May 14, 2026 $6,791.11 775496 10204 ASSOCIATION BKFD POLICE OFFICER FCU May 22, 2026 $24,986.48 775497 10200 BAKERSFIELD CITY FIREFIGHTERS May 22, 2026 $7,758.65 775498 10211 BAKERSFIELD FIREMEN May 22, 2026 $14,535.10 775499 10203 BAKERSFIELD POLICE BENEFIT May 22, 2026 $35,842.26 775500 10205 MUTUAL BENEFIT ASSOCIATION May 22, 2026 $2,468.84 775501 26810 RELIASTAR LIFE INSURANCE CO May 22, 2026 $4,453.83 775502 22324 SEIU LOCAL 521 May 22, 2026 $22,454.58 9997860 30028 BLUE SHIELD OF CALIFORNIA-P May 14, 2026 $809,961.37 9997861 30021 KAISER PERMANENTE May 14, 2026 $386,675.25 9997862 10206 STATE OF CALIF - PERS May 14, 2026 $1,634,329.31 9997863 30025 STATE DISBURSEMENT UNIT May 21, 2026 $19,294.74 9997864 10199 BAKERSFIELD CITY EMPLOYEE May 22, 2026 $207,554.00 9997865 30014 EMPLOYMENT DEVELOPMENT DEPT May 22, 2026 $338,795.89 9997866 10217 I C M A RETIREMENT TRUST-303749 May 22, 2026 $62,639.16 9997867 30010 IRS May 22, 2026 $889,625.48 9997868 16863 NATIONWIDE RETIREMENT SOLUTIONS May 22, 2026 $173,994.52 9997869 20699 VANTAGEPOINT TRANSFER AGENTS C/O May 22, 2026 $67,592.27 22 Overall - Count
Overall - Total $4,793,307.66
$4,793,307.66
S:\Accounting\LACEY\ADMIN-COUNCIL\2026\COUNCIL - ADMIN\6.10.26\ 5/27/2026 ORACLE CHECK REGISTER
FROM 05/13/2026 TO 05/26/2026
PAGE 1
Payment
Number Fund Vendor Name Check Date Check Amount
816818 5210 LAW OFFICE OF JERRY L STEERING CLIENT T 5/14/2026 5,000.00$ 816819 5210 Miriam M Loera 5/14/2026 2,190.26$
816906 5210 AIMS C/O HANNA BROPHY MACLEAN 5/14/2026 201.50$ 816907 5210 AIMS C/O YRULEGUI & ROBERTS APC 5/14/2026 2,243.74$ 816971 5210 Cory M Coty 5/14/2026 124.48$
817017 5210 Jose V Curiel 5/14/2026 156.95$
817018 5210 JOSEPH PAUL CHARMLEY 5/14/2026 1,922.55$
817055 5210 MEMORIAL OCCUPATIONAL MEDICINE 5/14/2026 1,043.00$ 817069 5210 Nicholas A Delgado 5/14/2026 160.00$
817126 5210 UNITED FINANCIAL CASUALTY COMPANY 5/14/2026 24,097.48$ 817366 5210 MEMORIAL OCCUPATIONAL MEDICINE 5/21/2026 55.00$ 9998568 5210 WELLS FARGO BANK 5/14/2026 247,147.42$
9998572 5210 WELLS FARGO BANK 5/21/2026 199,825.31$
816791 5110 A T & T 5/14/2026 150.85$
816792 4310 A T & T 5/14/2026 49.72$
816793 4410 CALIFORNIA WATER SERVICE 5/14/2026 4,798.30$ 816794 4410 CALIFORNIA WATER SERVICE 5/14/2026 892.50$
816795 4410 CALIFORNIA WATER SERVICE 5/14/2026 1,819.35$ 816796 4410 CALIFORNIA WATER SERVICE 5/14/2026 26,434.37$ 816797 4410 CALIFORNIA WATER SERVICE 5/14/2026 1,925.00$ 816799 4120 CALIFORNIA WATER SERVICE 5/14/2026 68,156.56$ 816800 4410 CALIFORNIA WATER SERVICE 5/14/2026 33,634.85$ 816801 4410 CALIFORNIA WATER SERVICE 5/14/2026 42,535.00$ 816802 4410 CALIFORNIA WATER SERVICE 5/14/2026 10,970.70$ 816809 0110 CITY OF BAKERSFIELD 5/14/2026 39,239.74$
816810 0140 CULLIGAN WATER CONDITIONING 5/14/2026 1,050.00$ 816812 0110 EAST NILES COMMUNITY SERVICES 5/14/2026 3,697.83$ 816813 4210 EMPLOYMENT DEVELOPMENT DEPARTMENT 5/14/2026 56,619.00$ 816816 0110 GREENFIELD COUNTY WATER DIST 5/14/2026 3,544.73$ 816817 4410 KERN COUNTY CLERKS 5/14/2026 50.00$
816820 0110 OILDALE MUTUAL WATER COMPANY 5/14/2026 34.30$ 816822 4310 PACIFIC GAS & ELECTRIC COMPANY 5/14/2026 688,544.57$ 816823 0110 VAUGHN WATER CO., INC. 5/14/2026 9,510.13$
816825 5110 A-1 ALTERNATIVE FUEL SYSTEMS 5/14/2026 3,897.66$ 816829 5110 ADVANCED DISTRIBUTION CO 5/14/2026 21,808.13$ 816831 5110 ALUMINUM CHUCK WAGON 5/14/2026 14,215.69$
816833 0110 BAKER SUPPLIES AND REPAIRS 5/14/2026 7,981.35$ 816835 3110 CHAMPION HARDWARE 5/14/2026 3,697.81$
816838 1450 CONSOLIDATED ELECTRICAL DISTRIBUTORS IN 5/14/2026 17,440.35$ 816840 5110 FAST UNDERCAR LLC 5/14/2026 2,965.88$
816843 0140 FERGUSON ENTERPRISES INC 5/14/2026 36,671.10$ 816845 4210 FIRST CHOICE COFFEE SERVICES INC 5/14/2026 1,746.64$ 816851 4120 GRAINGER INC, W W 5/14/2026 15,518.92$
816864 0120 HOME DEPOT 5/14/2026 11,302.66$
816868 5110 JIM BURKE FORD 5/14/2026 16,884.74$
816872 0110 KERN TURF SUPPLY 5/14/2026 15,368.37$
816874 0140 LOWES HOME IMPROVEMENT 5/14/2026 1,178.65$
816877 5110 O'REILLY AUTO PARTS 5/14/2026 3,009.38$
816879 5110 SILVAS OIL CO INC 5/14/2026 25,506.65$
816881 0120 STINSON STATIONERS 5/14/2026 10,949.66$
816884 5110 TEL TEC SECURITY SYSTEM INC 5/14/2026 1,744.44$ S:\Accounting\LACEY\ADMIN-COUNCIL\2026\COUNCIL - ADMIN\6.10.26\ 5/27/2026 ORACLE CHECK REGISTER
FROM 05/13/2026 TO 05/26/2026
PAGE 2
Payment
Number Fund Vendor Name Check Date Check Amount
816891 0110 VESTIS SERVICES LLC 5/14/2026 5,913.52$
816892 4410 A 1 ANSWERING SERVICE 5/14/2026 1,100.13$
816893 5110 A T & T 5/14/2026 2,562.10$
816894 5110 A T & T 5/14/2026 1,386.34$
816895 5110 A T & T 5/14/2026 9,436.24$
816896 0110 A T & T MOBILITY 5/14/2026 45.48$
816897 0110 Aaron D Sy 5/14/2026 575.00$
816898 4120 ACCELERATED ENVIRONMENTAL SERVICES INC 5/14/2026 13,090.00$ 816899 4310 ACCO CABLE SPLICING 5/14/2026 331.25$
816900 0110 ACTION SPORTS 5/14/2026 6,649.25$
816901 6110 ACTIVE LEGAL PROCESS SOLUTIONS INC - RE 5/14/2026 108.04$ 816902 0110 ADVANCED DATA STORAGE INC 5/14/2026 1,231.41$ 816903 5110 ADVANCED DISTRIBUTION CO 5/14/2026 2,102.97$ 816904 4110 AECOM TECHNICAL SERVICES INC 5/14/2026 19,387.97$ 816905 5110 AEP CALIFORNIA LLC 5/14/2026 3,795.36$
816908 0110 ALEX BERNAL 5/14/2026 75.00$
816909 0110 Alex J Blanton 5/14/2026 232.00$
816910 0110 ALL AMERICAN GLASS 5/14/2026 150.00$
816911 4310 ALLIED WEED CONTROL INC 5/14/2026 9,950.00$ 816912 4210 AMAROK LLC 5/14/2026 7,514.88$
816913 6110 AMS LEGAL SUPPORT SERVICES INC 5/14/2026 275.00$ 816914 0110 ANDREW ESQUIVEL 5/14/2026 175.00$
816915 0110 ANGEL ESPINOZA SANDOVAL 5/14/2026 50.00$
816916 0110 ANTHONY BACA 5/14/2026 350.00$
816917 5110 APPLIED LNG TECHNOLOGIES LLC 5/14/2026 9,938.02$ 816918 0110 ARGO CHEMICAL INC 5/14/2026 10,341.94$
816919 4310 ARMOR COATINGS 5/14/2026 3,897.00$
816920 3110 ASBESTOS SERVICES INC 5/14/2026 29,900.00$
816921 6110 AUGUSTUS WESTON - REFUND 5/14/2026 200.00$
816922 5110 AUTO TECH AND SMOG 5/14/2026 48.00$
816923 5110 AUTOZONE STORES INC 5/14/2026 287.79$
816924 5110 AWP SAFETY 5/14/2026 1,182.19$
816925 0140 AWP SAFETY 5/14/2026 1,973.27$
816926 1510 AZCO SUPPLY INC 5/14/2026 4,871.25$
816927 4510 B & B SURPLUS 5/14/2026 381.04$
816928 0110 B & H PHOTO VIDEO INC 5/14/2026 9,004.83$
816929 4310 B & R TOOL SUPPLY INC 5/14/2026 469.61$
816930 4410 BADGER METER INC 5/14/2026 188,267.90$
816931 5110 BAKERSFIELD ACURA 5/14/2026 675.00$
816932 0110 BAKERSFIELD CALIFORNIAN 5/14/2026 2,581.58$ 816933 5110 BAKERSFIELD CHRYSLER-JEEP 5/14/2026 1,067.62$ 816934 5110 BAKERSFIELD HARLEY DAVIDSON INC 5/14/2026 2,782.90$ 816935 0110 BAKERSFIELD IRRIGATION 5/14/2026 2,916.11$
816936 0140 BAKERSFIELD PROSTHETICS + ORTHOTICS CEN 5/14/2026 19,596.00$ 816937 5110 BAKERSFIELD TRUCK CENTER 5/14/2026 1,372.12$ 816938 0140 BARNES WELDING SUPPLY 5/14/2026 4,532.81$
816939 5110 BARNETT'S TOWING SERVICE INC 5/14/2026 50.00$ 816940 5110 BERCHTOLD EQUIPMENT CO 5/14/2026 139.41$
816941 5110 BLACKHOLE TECHNOLOGIES INC 5/14/2026 1,474.82$ 816942 1510 BLUEPRINT SERVICE CO 5/14/2026 597.64$
816943 5110 BOBS WHOLESALE AUTO GLASS 5/14/2026 1,082.59$ S:\Accounting\LACEY\ADMIN-COUNCIL\2026\COUNCIL - ADMIN\6.10.26\ 5/27/2026 ORACLE CHECK REGISTER
FROM 05/13/2026 TO 05/26/2026
PAGE 3
Payment
Number Fund Vendor Name Check Date Check Amount
816944 5110 BOISE MOBILE EQUIPMENT 5/14/2026 325.37$
816945 0110 BOLLES NURSERY LANDSCAPE 5/14/2026 482.80$
816946 5110 BORDERLAN INC 5/14/2026 11,950.00$
816947 5110 BORN AGAIN BODYWORKS 5/14/2026 3,089.46$
816948 0110 BOUND TREE MEDICAL LLC 5/14/2026 5,324.49$
816949 1520 BOWMAN ASPHALT 5/14/2026 101,324.03$
816950 0110 BRADLEY WERNER LLC 5/14/2026 750.00$
816951 4120 BRADY INDUSTRIES 5/14/2026 2,716.11$
816952 5110 BROCKS TRAILER 5/14/2026 35.18$
816953 5110 BUDGET BOLT INC 5/14/2026 501.80$
816954 4210 BUILDING ELECTRONIC CONTROLS INC 5/14/2026 290.00$ 816955 5110 CALIFORNIA FUELS & LUBRICANTS 5/14/2026 45,900.85$ 816956 1810 CALIFORNIA POLICE CHIEFS ASSOCIATION 5/14/2026 7,300.00$ 816958 0110 Cari Cowling 5/14/2026 366.65$
816959 0110 CCS FACILITY SERVICES 5/14/2026 7,227.00$
816960 5110 CENTRAL CALIFORNIA POWER INC 5/14/2026 92.54$ 816961 0140 Chad A Burton 5/14/2026 514.00$
816962 0110 CHAMINDA DISSANAYAKE 5/14/2026 540.00$
816963 5110 CHARTER COMMUNICATIONS 5/14/2026 637.96$
816964 5110 CHESTER AVENUE BRAKE & SUPPLY 5/14/2026 799.63$ 816965 0110 CHRISTOPHER ROBERTSON 5/14/2026 75.00$
816966 5110 CLEAN ENERGY INC 5/14/2026 357.00$
816967 5110 COAST COUNTIES TRUCK & EQUIPMENT 5/14/2026 1,570.06$ 816968 5110 COASTLINE EQUIPMENT 5/14/2026 375.45$
816969 0110 COMMUNITY ACTION PARTNERSHIP OF KERN 5/14/2026 147,481.24$ 816970 4120 COOPERS PETROLEUM DISTRIBUTOR INC 5/14/2026 890.09$ 816972 5110 CUMMINS SALES AND SERVICE 5/14/2026 1,168.04$ 816973 0110 CVIN LLC DBA VAST NETWORKS 5/14/2026 1,199.00$ 816974 4110 DAVID JANES COMPANY 5/14/2026 1,144.11$
816975 4410 Dawn M Spangler 5/14/2026 355.10$
816976 4410 DEE JASPAR & ASSOCIATES INC 5/14/2026 13,606.24$ 816977 5110 DELL MARKETING L P 5/14/2026 4,193.09$
816978 3120 DEWBERRY ARCHITECTS INC 5/14/2026 800.00$
816979 0140 DIRECTIONAL AD-VANTAGE HOLDINGS 5/14/2026 3,250.00$ 816980 4410 DRONEDEPLOY INC 5/14/2026 14,979.00$
816981 4120 DXP ENTERPRISES INC 5/14/2026 7,895.43$
816982 5110 E J WARD INCORPORATED 5/14/2026 1,212.69$
816983 0140 EAN SERVICES LLC 5/14/2026 15,024.68$
816984 0110 ELECTRIC MOTOR WORKS INC 5/14/2026 21,885.24$ 816985 0110 EWING IRRIGATION PRODUCTS 5/14/2026 3,574.95$ 816986 0110 EZEQUIEL RENE VARGAS 5/14/2026 150.00$
816987 5110 F F GOMEZ INC 5/14/2026 291.05$
816988 4410 FEDEX 5/14/2026 184.84$
816989 0110 FFP FUND VI P2 PROJECTCO5 LLC 5/14/2026 3,613.15$ 816990 0110 FFP FUND VI P2 PROJECTCO8 LLC 5/14/2026 1,776.69$ 816991 0140 FIRST AMERICAN TITLE COMPANY 5/14/2026 1,364.00$ 816992 0110 FISH ENTERPISES INC 5/14/2026 2,580.00$
816993 0140 FLIXBUS INC 5/14/2026 348.94$
816994 0110 FOREFRONT POWER DEVELOPMENT LLC 5/14/2026 8,856.52$ 816995 5110 FRANK J ZAMBONI & CO INC 5/14/2026 808.77$
816996 0140 Frank Wright III 5/14/2026 71.27$
S:\Accounting\LACEY\ADMIN-COUNCIL\2026\COUNCIL - ADMIN\6.10.26\ 5/27/2026 ORACLE CHECK REGISTER
FROM 05/13/2026 TO 05/26/2026
PAGE 4
Payment
Number Fund Vendor Name Check Date Check Amount
816997 4410 FRUIT GROWERS LABORATORY INC 5/14/2026 1,139.00$ 816998 5110 GIBBS INTERNATIONAL TRUCK CENTER 5/14/2026 551.16$ 816999 5110 GOLDEN EMPIRE TOWING INC 5/14/2026 1,154.50$ 817000 3160 GRANITE CONSTRUCTION INC 5/14/2026 1,803,974.06$ 817001 4120 GRAYBAR ELECTRIC COMPANY 5/14/2026 8,610.77$ 817002 5110 GREATER BAKERSFIELD NEW CAR DEALERS ASS 5/14/2026 689.00$ 817003 0110 GREEN RUBBER - KENNEDY AG 5/14/2026 677.53$ 817004 5110 GREGS PETROLEUM SERVICES INC 5/14/2026 4,170.62$ 817005 5110 HADDAD DODGE 5/14/2026 717.98$
817006 0110 HALL LETTER SHOP 5/14/2026 969.38$
817007 0140 HANSENS MOVING & STORAGE INC 5/14/2026 300.00$ 817008 0110 HOUSING AUTHORITY OF KERN COUNTY 5/14/2026 17,752.00$ 817009 6110 INNERLINE ENGINEERING-REFUND 5/14/2026 3,000.00$ 817010 0110 IRON MOUNTAIN 5/14/2026 146.40$
817011 3110 JAM SERVICES INC 5/14/2026 9,832.35$
817012 0110 James B Montgomery 5/14/2026 113.83$
817013 5110 JERRY & KEITHS INC 5/14/2026 3,956.58$
817014 5110 JIM BURKE LINCOLN MERCURY 5/14/2026 210.00$ 817015 3120 JIMS STEEL SUPPLY 5/14/2026 52.12$
817016 0110 JOE MONTELONGO 5/14/2026 125.00$
817019 0110 JOSES ORNAMENTAL SUPPLY INC 5/14/2026 214.88$ 817020 0110 Julie Drimakis 5/14/2026 1,500.54$
817021 1810 JULIE PARKER COMMUNICATIONS 5/14/2026 16,939.70$ 817022 5110 K & R TOWING 5/14/2026 50.00$
817023 5110 K C S O S 5/14/2026 40,627.23$
817024 0110 Karen K Goh 5/14/2026 581.42$
817025 4210 KATELYNN LEONARD 5/14/2026 300.00$
817026 5110 KELLAR EQUIPMENT HOSE AND REPAIR INC 5/14/2026 345.47$ 817027 3160 KERN ASPHALT PAVING & SEALING 5/14/2026 11,263.20$ 817028 1860 KERN COMMUNITY COLLEGE DISTRICT 5/14/2026 358,795.33$ 817029 6110 KERN COUNTY CLERKS 5/14/2026 50.00$
817030 6110 KERN COUNTY CLERKS 5/14/2026 50.00$
817031 6110 KERN COUNTY CLERKS 5/14/2026 50.00$
817032 6110 KERN COUNTY CLERKS 5/14/2026 50.00$
817033 6110 KERN COUNTY CLERKS 5/14/2026 50.00$
817034 0110 KERN COUNTY PUBLIC HEALTH SERVICES DEPA 5/14/2026 1,397.00$ 817035 4410 KERN DELTA WATER DISTRICT 5/14/2026 24,450.21$ 817036 4120 KERN ELECTRIC DISTRIBUTORS 5/14/2026 1,710.97$ 817037 5110 KERN MACHINERY INC 5/14/2026 1,112.68$
817038 0110 KERN PRINT SERVICES INC 5/14/2026 71.45$
817039 4210 KERN REFUSE DISPOSAL, INC 5/14/2026 11,932.26$ 817040 0110 KERN RIVER POWER EQUIPMENT 5/14/2026 616.84$ 817041 1450 KILLIAN PEST CONTROL 5/14/2026 890.00$
817042 4410 Kimberly J Aleman 5/14/2026 110.60$
817043 4210 KNIGHTS SITE SERVICES INC 5/14/2026 449.33$ 817044 0110 Kristy L Berry 5/14/2026 213.00$
817045 5110 L A GRINDING INC 5/14/2026 230.00$
817046 0110 LEVEL 3 COMMUNICATIONS LLC 5/14/2026 1,918.44$ 817047 4410 Lilian R Vance 5/14/2026 785.60$
817048 5110 LONG BEACH BMW MOTORCYCLES 5/14/2026 19,671.75$ 817049 4110 M & S SECURITY SERVICES 5/14/2026 3,840.00$ S:\Accounting\LACEY\ADMIN-COUNCIL\2026\COUNCIL - ADMIN\6.10.26\ 5/27/2026 ORACLE CHECK REGISTER
FROM 05/13/2026 TO 05/26/2026
PAGE 5
Payment
Number Fund Vendor Name Check Date Check Amount
817050 0140 Malicka E Almansoob 5/14/2026 174.36$
817051 5110 MAR-CO EQUIPMENT CORP 5/14/2026 282.25$
817052 6110 MARIA MAGDELENA JAYNE 5/14/2026 1,432.00$
817053 0120 MARK RUSSELL - REFUND 5/14/2026 1,708.00$
817054 0140 MCCORMICKS LANDSCAPE SERVICES INC 5/14/2026 7,054.00$ 817056 3120 MEYER CIVIL ENGINEERING INC 5/14/2026 34,813.50$ 817057 5110 MICHELIN NORTH AMERICA INC 5/14/2026 7,931.40$ 817058 0140 MILLER MENDEL INC 5/14/2026 49.29$
817059 4210 MINUTEMAN PRESS 5/14/2026 4,044.89$
817060 0140 MJS SOLUTIONS LLC 5/14/2026 775.00$
817061 5110 MOBILE AG & INDUSTRIAL SUPPLY INC 5/14/2026 22,591.56$ 817062 0110 MONROE SYSTEMS FOR BUSINESS 5/14/2026 70.46$ 817063 5110 MOTION INDUSTRIES INC 5/14/2026 241.02$
817064 5110 MOTOR CITY SALES & SERVICE 5/14/2026 606.84$ 817065 0110 Nathan Hamonds IV 5/14/2026 232.00$
817066 6110 NATIONWIDE OBO MITCHELL WILLOUGHBY 5/14/2026 452.88$ 817067 6110 NATIONWIDE OBO RICHARD BORJON 5/14/2026 2,476.44$ 817068 0110 NEUTERING NOMAD INC 5/14/2026 625.00$
817070 0110 NICHOLS PREMIER CLEANING SERVICES LLC 5/14/2026 225.00$ 817071 0140 Nicole A Anderberg 5/14/2026 247.00$
817072 0110 NISHIKAWA PROPERTY MAINTENANCE INC 5/14/2026 16,940.00$ 817073 5110 OFFICE1 5/14/2026 152.04$
817074 3120 OUTDOOR CREATIONS INC 5/14/2026 6,835.99$
817075 0110 P & A ADMINISTRATION SERVICES INC 5/14/2026 17,451.10$ 817076 5110 P T O SALES CORP / TRUCKPRO LLC 5/14/2026 388.28$ 817077 5110 PACIFIC POWER INC 5/14/2026 1,003.68$
817078 5110 PACIFIC WEST SOUND 5/14/2026 435.20$
817079 5110 PARKHOUSE TIRE INC 5/14/2026 649.62$
817080 5110 PERFORMANCE TRUCK REPAIR 5/14/2026 29,762.77$ 817081 5110 PLUMBERS DEPOT 5/14/2026 2,417.40$
817082 5110 POWER MACHINERY CENTER 5/14/2026 55.44$
817083 0110 PRECISION DYNAMICS CORPORATION 5/14/2026 170.50$ 817084 0110 PRINTS MAVERICKS LLC 5/14/2026 4,167.63$
817085 0140 PROFORCE LAW ENFORCEMENT INC 5/14/2026 6,265.72$ 817086 4120 PROUSYS INC 5/14/2026 8,941.72$
817087 4310 PROVOST & PRITCHARD CONSULTING INC 5/14/2026 4,137.00$ 817088 5110 QUINN COMPANY INC 5/14/2026 371.51$
817089 0110 Rado Gligorevic 5/14/2026 209.00$
817090 4310 RAIN FOR RENT INC 5/14/2026 969.93$
817091 0110 RANDYS TOWING LLC 5/14/2026 269.00$
817092 0140 RAYMONDS TROPHY AND AWARDS INC 5/14/2026 162.52$ 817093 0110 REFRIGERATION SUPPLIES DIST. INC 5/14/2026 70.40$ 817094 6110 RIGHT TO LIFE OF KERN COUNTY ED INC - R 5/14/2026 500.00$ 817095 0110 RINCON CONSULTANTS INC 5/14/2026 114,581.77$ 817096 6110 RODRIGUEZ & ASSOCIATES - REFUND 5/14/2026 12.08$ 817097 5110 SAN JOAQUIN TIRES & WHEELS 5/14/2026 385.21$ 817098 0110 SCP DISTRIBUTORS LLC 5/14/2026 38.99$
817099 0110 SEHI COMPUTER PRODUCTS INC 5/14/2026 993.13$ 817100 0110 SIERRA CONST & EXCAVATION INC 5/14/2026 12,948.50$ 817101 4310 SIERRA SNOW SURVEYS 5/14/2026 5,376.00$
817102 5110 SJE DBA PRIMEX 5/14/2026 4,950.00$
S:\Accounting\LACEY\ADMIN-COUNCIL\2026\COUNCIL - ADMIN\6.10.26\ 5/27/2026 ORACLE CHECK REGISTER
FROM 05/13/2026 TO 05/26/2026
PAGE 6
Payment
Number Fund Vendor Name Check Date Check Amount
817103 0110 SLATER PLUMBING & MECHANICAL 5/14/2026 350.00$ 817104 5110 SMITH & SON TIRE INC 5/14/2026 5,065.27$
817105 4210 SOIL CONTROL LAB INC 5/14/2026 972.00$
817106 4310 SOILS ENGINEERING INC 5/14/2026 15,842.20$
817107 0110 SPARTAN INC 5/14/2026 1,110.65$
817108 0140 SPECTRUM CANINE ISABEL LLC 5/14/2026 4,000.00$ 817109 0110 STANDARD PLUMBING SUPPLY DBA FLOYDS 5/14/2026 264.44$ 817110 0110 SUDZ N FUN 5/14/2026 575.00$
817111 0110 SUMMIT SUPPLY CORP OF COLORADO 5/14/2026 1,290.69$ 817112 4410 SUNSHINE CLEANING SERVICES 5/14/2026 950.00$ 817113 0140 TAGRS LLC 5/14/2026 995.00$
817114 0110 TATES JANITORIAL SERVICE 5/14/2026 5,000.00$ 817115 5110 TEN EIGHT TOW INC 5/14/2026 50.00$
817116 0140 THE NATELSON DALE GROUP INC 5/14/2026 6,360.00$ 817117 4310 THE OPEN DOOR NETWORK 5/14/2026 243,899.84$ 817118 6110 THE OPEN DOOR NETWORK - REFUND 5/14/2026 500.00$ 817119 5110 THERMO KING OF CENTRAL CALIF 5/14/2026 165.62$ 817120 0110 TRANS-WEST SECURITY INC 5/14/2026 3,050.34$ 817121 4210 TRINITY CONSULTANTS 5/14/2026 4,511.31$
817122 5110 TULARE POLARIS 5/14/2026 374.45$
817123 5110 TYACK TIRES INC 5/14/2026 3,997.83$
817125 0110 ULINE SHIPPING SUPPLY 5/14/2026 1,100.04$
817127 0110 UNITED REFRIGERATION INC 5/14/2026 1,565.02$ 817128 4210 UNIVERSAL PLASTIC BAGS MFG CO INC 5/14/2026 3,247.50$ 817129 6110 VALLEY BIBLE FELLOWSHIP - REFUND 5/14/2026 500.00$ 817130 1910 VANGUARD CLEANING SYSTEMS INC 5/14/2026 693.75$ 817131 0110 VERMONT SYSTEMS 5/14/2026 1,415.25$
817132 0110 WHITE CAP CONSTRUCTION SUPPLY 5/14/2026 75.92$ 817133 4410 WITCHER ELECTRIC INC 5/14/2026 33,820.16$
817134 3350 SECURITY PAVING CO, INC 5/19/2026 9,176.62$ 817135 1220 SECURITY PAVING CO, INC 5/19/2026 127,157.39$ 817136 0140 BAKERSFIELD MUSEUM OF ART 5/21/2026 17,100.00$ 817137 4210 CALIFORNIA DEPARTMENT OF TAX AND FEE AD 5/21/2026 938.00$ 817138 4210 CALIFORNIA WATER SERVICE 5/21/2026 172,163.98$ 817139 4410 CITY OF BAKERSFIELD 5/21/2026 353,592.25$
817140 0110 CITY OF BAKERSFIELD 5/21/2026 1,791.07$
817141 0110 CITY OF BAKERSFIELD 5/21/2026 180.00$
817142 0110 CITY OF BAKERSFIELD 5/21/2026 2,152.14$
817143 4110 CITY OF BAKERSFIELD 5/21/2026 7,623.76$
817144 0140 CITY OF BAKERSFIELD 5/21/2026 11,486.53$
817145 0110 DEPARTMENT OF INDUSTRIAL RELATIONS 5/21/2026 225.00$ 817146 0110 DEPARTMENT OF INDUSTRIAL RELATIONS 5/21/2026 225.00$ 817147 0110 DEPARTMENT OF JUSTICE 5/21/2026 906.00$
817148 0140 FOXTAIL LOUNGE 5/21/2026 3,085.78$
817149 0110 KERN COUNTY RECORDER 5/21/2026 35.00$
817150 5110 PACIFIC GAS & ELECTRIC COMPANY 5/21/2026 182,332.13$ 817151 0110 SJVAPCD 5/21/2026 1,969.00$
817152 0110 SOCALGAS 5/21/2026 603.42$
817153 0110 Virginia A Farley 5/21/2026 150.00$
817154 4310 ALLIED WEED CONTROL INC 5/21/2026 11,332.60$ 817155 4120 BRADY INDUSTRIES 5/21/2026 8,387.78$
S:\Accounting\LACEY\ADMIN-COUNCIL\2026\COUNCIL - ADMIN\6.10.26\ 5/27/2026 ORACLE CHECK REGISTER
FROM 05/13/2026 TO 05/26/2026
PAGE 7
Payment
Number Fund Vendor Name Check Date Check Amount
817156 0110 BUDGET BOLT INC 5/21/2026 1,539.49$
817157 0140 FEDEX 5/21/2026 922.25$
817158 5110 GOLDEN EMPIRE TOWING INC 5/21/2026 3,951.25$ 817159 0110 GRAINGER INC, W W 5/21/2026 1,318.25$
817160 1510 GRANITE CONSTRUCTION INC 5/21/2026 168,411.87$ 817161 0140 HOME DEPOT 5/21/2026 6,771.01$
817162 5110 JIM BURKE FORD 5/21/2026 10,237.50$
817163 0140 KERN TURF SUPPLY 5/21/2026 14,272.86$
817164 4310 LOWES HOME IMPROVEMENT 5/21/2026 2,377.59$
817165 5110 MICHELIN NORTH AMERICA INC 5/21/2026 14,597.54$ 817166 5110 O'REILLY AUTO PARTS 5/21/2026 1,932.17$
817167 0140 PIONEER PAINT 5/21/2026 16,384.19$
817168 0140 STINSON STATIONERS 5/21/2026 15,010.69$
817169 0110 VESTIS SERVICES LLC 5/21/2026 7,546.32$
817170 0110 ABC OCCUPATIONAL MEDICAL CENTER 5/21/2026 3,010.00$ 817171 3160 ABSL CONSTRUCTION 5/21/2026 4,550.00$
817172 0110 ACC BUSINESS 5/21/2026 160.00$
817173 6110 ACTIVE LEGAL PROCESS SOLUTIONS INC - RE 5/21/2026 404.84$ 817174 0110 Adam V Clayton 5/21/2026 115.55$
817175 0110 ADVANCED DATA STORAGE INC 5/21/2026 899.65$ 817176 4120 ADVANCED DISTRIBUTION CO 5/21/2026 16,387.67$ 817177 4110 ADVANCED INDUSTRIAL SERVICES 5/21/2026 5,644.12$ 817178 5110 AEP CALIFORNIA LLC 5/21/2026 9,161.04$
817179 5110 AGILITY FUEL SYSTEMS INC 5/21/2026 855.68$
817180 0120 Ali Rasheed 5/21/2026 354.86$
817181 3120 ALL AMERICAN GLASS 5/21/2026 6,782.93$
817182 5110 ALL AUTOMATIC TRANSMISSION 5/21/2026 200.00$ 817183 5110 ALL THAT LETTERING SIGN COMPANY 5/21/2026 1,500.00$ 817184 0140 ALPINE CHRISTMAS TREE LLC 5/21/2026 1,120.00$ 817185 5110 ALUMINUM CHUCK WAGON 5/21/2026 9,995.86$
817186 0110 Alyssa D Resendez 5/21/2026 471.00$
817187 0110 Amanda L Jackson 5/21/2026 127.00$
817188 5110 AMAROK LLC 5/21/2026 17,761.02$
817189 0110 Angela J Tirado 5/21/2026 299.00$
817190 0110 ANTHONY BACA 5/21/2026 425.00$
817191 5110 APPLIED LNG TECHNOLOGIES LLC 5/21/2026 6,645.54$ 817192 0110 ARCPOINT LABS OF BAKERSFIELD 5/21/2026 371.25$ 817193 6110 ATTORNEYS CERTIFIED SERVICES - REFUND 5/21/2026 332.08$ 817194 0110 Austin L Kennedy 5/21/2026 942.00$
817195 5110 AUTO TECH AND SMOG 5/21/2026 2,591.98$
817196 5110 AUTOZONE STORES INC 5/21/2026 450.98$
817197 4310 B & R TOOL SUPPLY INC 5/21/2026 268.49$
817198 0110 BAKER SUPPLIES AND REPAIRS 5/21/2026 1,353.13$ 817199 4210 BAKERSFIELD ARC 5/21/2026 470.40$
817200 4120 BAKERSFIELD CALIFORNIAN 5/21/2026 5,077.70$ 817201 5110 BAKERSFIELD CHRYSLER-JEEP 5/21/2026 174.55$ 817202 0110 Belkys N Ripoll 5/21/2026 471.00$
817203 5110 BERCHTOLD EQUIPMENT CO 5/21/2026 98,905.86$ 817204 5110 BLACKHOLE TECHNOLOGIES INC 5/21/2026 30,566.28$ 817205 5110 BOBS WHOLESALE AUTO GLASS 5/21/2026 1,145.54$ 817206 0110 BOLLES NURSERY LANDSCAPE 5/21/2026 319.34$
S:\Accounting\LACEY\ADMIN-COUNCIL\2026\COUNCIL - ADMIN\6.10.26\ 5/27/2026 ORACLE CHECK REGISTER
FROM 05/13/2026 TO 05/26/2026
PAGE 8
Payment
Number Fund Vendor Name Check Date Check Amount
817207 4210 BOWMAN ASPHALT 5/21/2026 16,000.00$
817208 4410 BRANDCO 5/21/2026 2,670.90$
817209 0110 Brent P Stratton 5/21/2026 118.00$
817210 1810 Brian T Holcombe 5/21/2026 299.00$
817211 0110 BROWN ARMSTRONG 5/21/2026 17,649.67$
817212 4120 BSK ASSOCIATES 5/21/2026 190.00$
817213 3160 C A RASMUSSEN INC 5/21/2026 1,884,966.29$
817214 5110 CAL VALLEY EQUIPMENT INC 5/21/2026 359.38$
817215 5110 CALIFORNIA FUELS & LUBRICANTS 5/21/2026 48,566.09$ 817216 4410 CALIFORNIA WATER EFFICIENCY PARTNERSHIP 5/21/2026 4,042.49$ 817217 4120 CANNON CORP 5/21/2026 82,801.64$
817218 1510 CENTENNIAL ASPHALT COMPANY 5/21/2026 1,860.31$ 817219 5110 CERAGON NETWORKS 5/21/2026 2,462.70$
817220 0110 Christopher H Peck 5/21/2026 471.00$
817221 4110 CLARK PEST CONTROL INC 5/21/2026 196.00$
817222 5110 CLAWSON AUTOMOTIVE EQUIPMENT & SERVICE 5/21/2026 376.31$ 817223 5110 CLEAN ENERGY INC 5/21/2026 4,418.38$
817224 5110 COAST COUNTIES TRUCK & EQUIPMENT 5/21/2026 2,100.20$ 817225 0110 COLANTUONO HIGHSMITH & WHATLEY PC 5/21/2026 9,062.51$ 817226 0110 COLLINS COMPANY 5/21/2026 3,218.43$
817227 0110 CONSOLIDATED ELECTRICAL DISTRIBUTORS IN 5/21/2026 6,337.46$ 817228 4120 CRIDER CONSTRUCTION INC 5/21/2026 17,081.55$ 817229 4120 CS AMSCO 5/21/2026 5,579.02$
817230 0110 DAN KULLRICH - REFUND 5/21/2026 42.50$
817231 5110 Daniel Becerra 5/21/2026 926.00$
817232 1810 Daniel D Mcclive 5/21/2026 299.00$
817233 0140 DAVES ALL N ONE CLEANING/HAULING SERVIC 5/21/2026 499.00$ 817234 0140 DAVID JANES COMPANY 5/21/2026 412.56$
817235 0110 DAVID JUDSON - REFUND 5/21/2026 42.50$
817236 0110 DAVID OJEDA - REFUND 5/21/2026 25.86$
817237 0110 DEBORAH HUEY - REFUND 5/21/2026 10.50$
817238 4210 DELTA LIQUID ENERGY 5/21/2026 94.98$
817239 0110 Denise E Perez-Fernandez 5/21/2026 471.00$
817240 0110 DENNIS FIDLER - REFUND 5/21/2026 12.21$
817241 0110 DENNIS HALL - REFUND 5/21/2026 25.86$
817242 0140 DIAMOND H HAULING 5/21/2026 300.00$
817243 1810 Diana D Lizama 5/21/2026 299.00$
817244 5110 DOCUSIGN INC 5/21/2026 5,626.27$
817245 0110 DON ESTRADA - REFUND 5/21/2026 25.86$
817246 0110 DONALD TEUTIMEZ - REFUND 5/21/2026 42.50$
817247 5110 DOWNTOWN FORD SALES 5/21/2026 63,128.94$
817248 0110 DR RONALD OSTROM 5/21/2026 1,000.00$
817249 0110 DREW SHARPLES - PART B 5/21/2026 25.86$
817250 0140 DUANE MORRIS LLP 5/21/2026 18,017.75$
817251 0110 DWAYNE LEVINGSTON - REFUND 5/21/2026 42.50$ 817252 4120 DXP ENTERPRISES INC 5/21/2026 27,399.48$
817253 4120 ELECTRIC MOTOR WORKS INC 5/21/2026 3,840.83$ 817254 0110 EMILIO TARANGO - REFUND 5/21/2026 25.86$
817255 0110 EMMA ROBERTS - REFUND 5/21/2026 42.50$
817256 0110 ENTENMANN ROVIN CO 5/21/2026 787.50$
817257 0110 ENVIRONMENTAL SAFETY SOLUTIONS 5/21/2026 547.75$ S:\Accounting\LACEY\ADMIN-COUNCIL\2026\COUNCIL - ADMIN\6.10.26\ 5/27/2026 ORACLE CHECK REGISTER
FROM 05/13/2026 TO 05/26/2026
PAGE 9
Payment
Number Fund Vendor Name Check Date Check Amount
817258 0110 ENVIROTEK CORPORATION 5/21/2026 5,509.39$
817259 0110 ERNEST PACKING SOLUTIONS INC 5/21/2026 1,461.38$ 817260 0110 EWING IRRIGATION PRODUCTS 5/21/2026 34.49$
817261 5110 F F GOMEZ INC 5/21/2026 1,612.91$
817262 5110 FAST UNDERCAR LLC 5/21/2026 740.34$
817263 0110 FASTENAL COMPANY 5/21/2026 1,472.20$
817264 0110 FERGUSON ENTERPRISES INC 5/21/2026 1,769.23$ 817265 0140 FIRST CHOICE COFFEE SERVICES INC 5/21/2026 1,534.93$ 817266 5110 FLEET PRIDE INC 5/21/2026 25.53$
817267 5110 FLEET SERVICES TOWING INC 5/21/2026 50.00$
817268 1110 FLOOD BAKERSFIELD MINISTRIES 5/21/2026 35,081.96$ 817269 3110 FONROCHE LIGHTING AMERICA 5/21/2026 15,867.29$ 817270 0110 FRANK LOPEZ - REFUND 5/21/2026 25.86$
817271 0110 FRANKIE COWAN 5/21/2026 200.00$
817272 0110 FRESCO MEXICAN GRILL 5/21/2026 15,344.44$
817273 0110 GARDENERS SUPPLY INC 5/21/2026 586.45$
817274 0140 GCI EQUIPMENT RENTAL 5/21/2026 384.28$
817275 0110 GENERAL CODE LLC 5/21/2026 97.50$
817276 5110 GHA TECHNOLOGIES INC 5/21/2026 2,883.25$
817277 4120 GOLD COAST ENVIRONMENTAL INC 5/21/2026 3,210.26$ 817278 1810 Graham G Payne 5/21/2026 299.00$
817279 4110 GRAYBAR ELECTRIC COMPANY 5/21/2026 1,522.61$ 817280 5110 GREGS PETROLEUM SERVICES INC 5/21/2026 2,599.42$ 817281 0110 GRIFFITH COMPANY INC 5/21/2026 407,125.77$
817282 5110 HADDAD DODGE 5/21/2026 164.58$
817283 3110 HARKER STRIPING INC 5/21/2026 60,277.18$
817284 4110 HEALTHY FRESH JANITORIAL CLEAN LLC 5/21/2026 9,140.00$ 817285 0110 HELM HOLDINGS LLC DBA SELLABLE 5/21/2026 28,799.50$ 817286 0110 Jacob I Erakat 5/21/2026 942.00$
817287 0110 Jamie D Polm 5/21/2026 295.00$
817288 0140 Jason A Cater 5/21/2026 775.00$
817289 4310 JERRY & KEITHS INC 5/21/2026 711.45$
817290 1810 John B Bishop 5/21/2026 299.00$
817291 0110 John D Otterness 5/21/2026 299.00$
817292 0110 JOHNSON CONTROLS SECURITY SOLUTIONS 5/21/2026 1,369.16$ 817293 0110 Jorge D Esparza 5/21/2026 186.00$
817294 5110 Jose E Aguilar 5/21/2026 126.00$
817295 1810 Joseph G Clerico 5/21/2026 856.00$
817296 0110 Joseph M Galland 5/21/2026 213.00$
817297 0110 Juanita M Lee 5/21/2026 471.00$
817298 0110 Justin W Enns 5/21/2026 102.73$
817299 0110 Katie E Reed 5/21/2026 263.00$
817300 1810 Keianna S Fernandez 5/21/2026 211.70$
817301 5110 KELLAR EQUIPMENT HOSE AND REPAIR INC 5/21/2026 450.00$ 817302 0110 KEN W SMITH CONSTRUCTION INC 5/21/2026 33,495.09$ 817303 6110 KERN COUNTY CLERKS 5/21/2026 50.00$
817304 6110 KERN COUNTY CLERKS 5/21/2026 50.00$
817305 6110 KERN COUNTY CLERKS 5/21/2026 50.00$
817306 6110 KERN COUNTY CLERKS 5/21/2026 50.00$
817307 6110 KERN COUNTY CLERKS 5/21/2026 50.00$
817308 6110 KERN COUNTY CLERKS 5/21/2026 50.00$
S:\Accounting\LACEY\ADMIN-COUNCIL\2026\COUNCIL - ADMIN\6.10.26\ 5/27/2026 ORACLE CHECK REGISTER
FROM 05/13/2026 TO 05/26/2026
PAGE 10
Payment
Number Fund Vendor Name Check Date Check Amount
817309 6110 KERN COUNTY CLERKS 5/21/2026 3,043.75$
817310 6110 KERN COUNTY CLERKS 5/21/2026 50.00$
817311 5110 KERN MACHINERY INC 5/21/2026 828.10$
817312 0110 KERN PRINT SERVICES INC 5/21/2026 372.38$
817313 0110 KERN RIVER POWER EQUIPMENT 5/21/2026 310.07$ 817314 3120 KERN SPRINKLER LANDSCAPING INC 5/21/2026 29,023.00$ 817315 4210 KILLIAN PEST CONTROL 5/21/2026 100.00$
817316 4510 KNIGHTS SITE SERVICES INC 5/21/2026 220.54$ 817317 0110 KONA ICE OF CENTRAL BAKERSFIELD LLC 5/21/2026 1,600.00$ 817318 0140 KURB CUT 5/21/2026 750.00$
817319 0120 KVPRINT 5/21/2026 784.00$
817320 1740 L N CURTIS & SONS 5/21/2026 1,607.51$
817321 0110 Laura L Hannah 5/21/2026 471.00$
817322 0110 Laura R Escobedo 5/21/2026 298.30$
817323 0110 LAWSON PRODUCTS INC 5/21/2026 147.57$
817324 5110 LEHR 5/21/2026 194.14$
817325 5110 LEXISNEXIS RISK SOLUTIONS INC 5/21/2026 16,435.30$ 817326 0110 LOOP ELECTRIC INC 5/21/2026 28,615.48$
817327 1810 Louis Rodriguez 5/21/2026 275.50$
817328 0110 Lucinda A Mora 5/21/2026 471.00$
817329 0110 MCDANIELS CONSTRUCTION 5/21/2026 142,794.78$ 817331 4210 METROPOLITAN RECYCLING LLC 5/21/2026 40,172.15$ 817332 4310 MEYER CIVIL ENGINEERING INC 5/21/2026 4,767.00$ 817333 0110 Michael A Broida 5/21/2026 471.00$
817334 0110 Michael S Richards 5/21/2026 532.00$
817335 6110 MICHAELA MEDINA-REFUND 5/21/2026 995.00$
817336 4120 MICHELLI MEASUREMENT GROUP LLC 5/21/2026 42,415.62$ 817337 0110 Miguel A Flores 5/21/2026 638.00$
817338 0110 MINUTEMAN PRESS 5/21/2026 1,889.33$
817339 0140 MJS SOLUTIONS LLC 5/21/2026 1,770.00$
817340 0110 NATIONAL LEAGUE OF CITIES 5/21/2026 24,131.00$ 817341 1810 Neal D Mcdonald 5/21/2026 856.00$
817342 4410 NICHOLAS CONSTRUCTION INC 5/21/2026 62,082.50$ 817343 0140 NICHOLS PREMIER CLEANING SERVICES LLC 5/21/2026 890.00$ 817344 0110 Nick W Poulos 5/21/2026 604.00$
817345 4310 NORTH KERN WATER STORAGE DISTRICT 5/21/2026 16,665.45$ 817346 4120 NV5 INC 5/21/2026 23,798.74$
817347 0110 O'CONNOR PEST CONTROL 5/21/2026 60.00$
817348 6310 P & A ADMINISTRATION SERVICES INC 5/21/2026 14,983.82$ 817349 4410 PACIFIC GAS & ELECTRIC COMPANY 5/21/2026 3,000.00$ 817350 5110 PAPE KENWORTH 5/21/2026 1,591.73$
817351 0110 PATRICIA DARBEE - REFUND 5/21/2026 25.86$
817352 0110 Patrick A Tramel 5/21/2026 638.00$
817353 5110 Patrick E Cruz 5/21/2026 126.00$
817354 4210 PATRIOT ENVIRONMENTAL SERVICES 5/21/2026 2,050.00$ 817355 0110 PAULA ROMINES - REFUND 5/21/2026 25.86$
817356 0110 PAYMENTUS 5/21/2026 414.55$
817357 0110 PENSINGER TRAILER RENTALS 5/21/2026 238.12$ 817358 0110 PEOPLE FACTS LLC 5/21/2026 16.67$
817359 5110 PERFORMANCE TRUCK REPAIR 5/21/2026 2,134.47$ 817360 0110 PETER ESCARCEGA - REFUND 5/21/2026 336.00$
S:\Accounting\LACEY\ADMIN-COUNCIL\2026\COUNCIL - ADMIN\6.10.26\ 5/27/2026 ORACLE CHECK REGISTER
FROM 05/13/2026 TO 05/26/2026
PAGE 11
Payment
Number Fund Vendor Name Check Date Check Amount
817361 0110 PRESTON GEORGE - REFUND 5/21/2026 25.86$
817362 1810 PRIMARY ARMS LLC 5/21/2026 3,954.12$
817363 0110 PRIMO BRANDS 5/21/2026 115.31$
817364 0110 PROPIO LS LLC 5/21/2026 882.24$
817365 0140 PURVEYOR BRANDING CO 5/21/2026 7,500.00$
817366 5110 QCS QUICK CUSTOM SIGNS 5/21/2026 622.53$
817367 1810 Randi L Martinez 5/21/2026 471.00$
817368 1740 RAYMONDS TROPHY AND AWARDS INC 5/21/2026 224.76$ 817369 4310 REMEDIAL TRANSPORTATION SERVICES INC. 5/21/2026 251,216.43$ 817370 5110 RENEWELL FLEET SERVICE LLC 5/21/2026 272.47$ 817371 0110 RICHARD MCCORKLE - REFUND 5/21/2026 42.50$
817372 0110 RICHARD WATKINS - REFUND 5/21/2026 25.86$
817373 5110 RICHARDS CRANE SERVICE LLC 5/21/2026 750.00$ 817374 4210 RLH FIRE PROTECTION 5/21/2026 1,324.00$
817375 0110 ROBERT D MELTON - REFUND 5/21/2026 12.21$
817376 0110 ROBERT MEARS - REFUND 5/21/2026 6.29$
817377 0110 ROBERT TABLIT - REFUND 5/21/2026 12.21$
817378 0110 RODNEY KNIGHT - RETIREE 5/21/2026 34.09$
817379 0110 RONALD SHORT - REFUND 5/21/2026 42.50$
817380 0110 ROSA MARIA RUBIO - REFUND 5/21/2026 20.93$
817381 0120 Rosemary G Patino 5/21/2026 345.00$
817382 0110 Ryan B Vaughan 5/21/2026 299.00$
817383 1860 SAGUARO INVESTORS LLC 5/21/2026 196,555.00$ 817384 4210 SAN JOAQUIN FENCE & SUPPLY 5/21/2026 5,184.78$ 817385 5110 SAN JOAQUIN TIRES & WHEELS 5/21/2026 499.75$ 817386 1860 SELF HELP ENTERPRISES 5/21/2026 61,794.80$
817387 0120 Shannon N Clark 5/21/2026 1,598.00$
817388 0110 SHERWIN WILLIAMS COMPANY 5/21/2026 450.69$
817389 0110 SHIELDING THE FRONT LINE 5/21/2026 5,400.00$ 817390 0110 SHIRLEY A PHILLIPS - REFUND 5/21/2026 42.50$ 817391 0110 SHIRLEY TORRES - REFUND 5/21/2026 25.86$
817392 0110 Sidney C Wicks 5/21/2026 471.00$
817393 5110 SILVAS OIL CO INC 5/21/2026 31,856.07$
817394 5110 SMITH & SON TIRE INC 5/21/2026 8,894.56$
817395 0110 SOCALGAS 5/21/2026 117.06$
817396 4210 SOIL CONTROL LAB INC 5/21/2026 505.00$
817397 3110 SOILS ENGINEERING INC 5/21/2026 15,626.80$
817398 0110 SPECTRUM CANINE ISABEL LLC 5/21/2026 5,920.00$ 817399 0110 Spring V Chairez 5/21/2026 295.00$
817400 0140 STANDARD PLUMBING SUPPLY DBA FLOYDS 5/21/2026 56.15$ 817401 4210 STARS AND STRIPES 5/21/2026 6,120.00$
817402 0110 STEAM CLEANERS INC 5/21/2026 189.26$
817403 0140 STEVEN P KINNEY 5/21/2026 1,689.00$
817404 0110 STOP STICK LTD 5/21/2026 1,079.54$
817405 0140 SUN BADGE CO 5/21/2026 526.00$
817406 0110 SUSAN ALEXANDER - REFUND 5/21/2026 25.86$
817407 0110 SUSAN CARROLL - REFUND 5/21/2026 25.86$
817408 0110 T-MOBILE USA 5/21/2026 530.00$
817409 0140 TC WELDING & FABRICATION INC 5/21/2026 2,200.00$ 817410 0110 TEL TEC SECURITY SYSTEM INC 5/21/2026 2,160.00$ 817411 4210 TELSTAR INSTRUMENTS 5/21/2026 13,756.45$
S:\Accounting\LACEY\ADMIN-COUNCIL\2026\COUNCIL - ADMIN\6.10.26\ 5/27/2026 ORACLE CHECK REGISTER
FROM 05/13/2026 TO 05/26/2026
PAGE 12
Payment
Number Fund Vendor Name Check Date Check Amount
817412 6110 THE MINDTRAVEL FOUNDATION - REFUND 5/21/2026 500.00$ 817413 0110 THE OPEN DOOR NETWORK 5/21/2026 23,161.93$
817414 0110 Timothy A Berchtold 5/21/2026 299.00$
817415 0110 Timothy Lomeli 5/21/2026 108.69$
817416 4210 TOTER LLC 5/21/2026 50,956.07$
817417 0140 TRANS-WEST SECURITY INC 5/21/2026 23,272.77$ 817418 5110 TRINITY SAFETY COMPANY 5/21/2026 463.31$
817419 0110 TRUDY SLATER - REFUND 5/21/2026 25.86$
817420 5110 TYACK TIRES INC 5/21/2026 4,245.59$
817421 0110 U.S. BEHAVIORAL HEALTH PLAN 5/21/2026 1,572.55$ 817422 0110 UNIVERSAL BACKGROUND SCREENING INC 5/21/2026 3,412.16$ 817423 4120 USABLUEBOOK 5/21/2026 630.22$
817424 0110 VANGUARD CLEANING SYSTEMS INC 5/21/2026 1,055.25$ 817425 0110 VCA BAKERSFIELD ANIMAL HOSPITAL 5/21/2026 1,334.18$ 817426 0110 VERITEXT 5/21/2026 2,092.50$
817427 0110 VERIZON WIRELESS 5/21/2026 25,117.00$
817428 1740 VERIZON WIRELESS 5/21/2026 228.06$
817429 0110 VICTORIA DAVIS - REFUND 5/21/2026 37.57$
817430 1810 VICTORY TACTICAL GEAR LLC 5/21/2026 16,658.06$ 817431 4120 WATER TECHNOLOGY OF FRESNO LLC 5/21/2026 1,707.20$ 817432 4410 WESTAIR GASES & EQUIPMENT INC 5/21/2026 270.08$ 817433 3110 WESTERN STATE DESIGN INC 5/21/2026 319.00$
817434 5110 WEX BANK 5/21/2026 3,490.42$
817435 0110 WHITE CAP CONSTRUCTION SUPPLY 5/21/2026 871.85$ 817436 5110 WILCOX SUPPLY INC 5/21/2026 1,192.26$
817437 0120 WILLDAN ENGINEERING 5/21/2026 588.00$
817438 0110 WILLIAMS CLEANING SYSTEMS INC 5/21/2026 147.91$ 817439 0140 WINSUPPLY BAKERSFIELD 5/21/2026 29,000.00$
817440 4410 WITCHER ELECTRIC INC 5/21/2026 8,579.07$
817441 5110 XEROX BUSINESS SOLUTIONS 5/21/2026 15.65$
817442 1510 ZAP MANUFACTURING INC 5/21/2026 4,548.99$
817443 0110 ZOLL MEDICAL CORPORATION 5/21/2026 33,366.50$ 9998569 0110 CALIFORNIA DEPT OF JUSTICE 5/21/2026 250,000.00$ 9998570 0110 CARD CHAMP 5/21/2026 15.00$
9998571 4610 U S BANK 5/21/2026 8,295.90$
11,443,187.38$
S:\Accounting\LACEY\ADMIN-COUNCIL\2026\COUNCIL - ADMIN\6.10.26\
ADMINISTRATIVE REPORT
MEETING DATE: June 10, 2026 AGENDA CATEGORY: Consent – Payments and Agreements TO: Honorable Mayor and City Council
FROM: Randy McKeegan, Finance Director
DATE: May 27, 2026
SUBJECT: Receive and file department agreements over $40,000 and under $100,000 between May 13, 2026 and May 26, 2026.
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 Bakers field 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:
$430,540.00
COUNCIL GOAL:
Innovative and Efficient City Government
ATTACHMENTS:
Department Agreement Report 6.10.26
Document Number Name Subject Amount Date Miscellaneous Information PW26-030 Knights Site Services
Inc Provides Portable Restrooms and Washing Stations $40,000.00 5/22/2026 F26-004 Southland Roofing Inc Fire Station Re-Roof $46,000.00 5/22/2026 PW24-022(2) Aerial Inspection
Service Aerial inspection and testing $60,000.00 5/22/2026 F26-005 CCS Facility Services Janitorial Maintenance for CHN $84,540.00 5/22/2026 F26-003 LSL LLP on demand support for ACFR Preparation within the CaseWare Software $100,000.00 5/18/2026
PW24-055(1) Solilis Engineering Provide geotechnical engineering and geological engineering surveying drilling services $100,000.00 5/22/2026
$430,540.00
ADMINISTRATIVE REPORT
MEETING DATE: June 10, 2026 AGENDA CATEGORY: Consent, Ordinance TO: Honorable Mayor and City Council
FROM: Virginia Gennaro, City Attorney
DATE: June 2, 2026
SUBJECT: First Reading of an Ordinance amending Section 13.12.030 of the Bakersfield Municipal Code relating to Development Improvement Standards and Specifications.
RECOMMENDATION:
Staff recommends first reading of the Ordinance.
BACKGROUND:
Chapter 13.12 of the Bakersfield Municipal Code generally sets forth the applicable design guidelines and development standards to be used in the construction of streets and other public improvements in the City. It also contains the City’s “Complete Streets” policy to provide for a multi-modal approach to the design of streets and transportation facilities.
Section 13.12.030 adopts by reference specific standard manuals to be followed as the City’s official development stand ards. In practice, City engineers approve project plans in compliance with the various manuals to ensure public health and safety of street designs and to provide legal support for various design plans.
The proposed ordinance amendment adds the “Urban Street Design Guide,” published by the National Association of City Transportation Officials (NACTO), to the list of adopted standards that City staff may follow in the design and construction of City streets. This will provide an additional tool for City st aff in furtherance of the City’s Complete Streets Policy.
FISCAL IMPACT:
The adoption of the ordinance and the changes to the policy will not have a major increase of costs for the City. Additional outreach and education may need to occur for the future complete streets projects which the City has already put it into practice.
COUNCIL GOAL:
Reliable Infrastructure
Innovative and Efficient City Government
ATTACHMENTS:
Ordinance
REDLINE
An Ordinance Amending Chapter 13.12, Section 13.12.030 of the Bakersfield City Municipal Code Page - 1 –
ORDINANCE NO. ___________
AN ORDINANCE AMENDING CHAPTER 13.12, SECTION
13.12.030 OF THE BAKERSFIELD MUNICIPAL CODE
RELATING TO DEVELOPMENT IMPROVEMENT STANDARDS
AND SPECIFICATIONS.
BE IT ORDAINED by the Council of the City of Bakersfield as follows:
SECTION 1.
Chapter 13.12, Section 13.12.030 of the Bakersfield Municipal Code is hereby amended to read as follows:
13.12.030 Standards and specifications.
A. Those certain standard manuals known and designated in subsection B of this section, copies of which are on file with the Bakersfield city clerk for use and examination by the public, and each portion and provision thereof are adopted by reference, as they may be amended from time to time, and are declared to be the development improvement standards and specifications for the purpose stated therein.
B. The following standard manuals are ad opted for the purposes stated in subsection A of this section:
1. Subdivision Design Manual, City of Bakersfield, current edition.
2. Standard Specifications, Caltrans, as reflected in the city’s current bid package.
3. Standard Plans, Caltrans, as reflected in the city’s current bid package.
4. “Greenbook,” Standard Specifications for Public Works Construction, current edition.
5. FHWA Standard Highway Sign Book, English, current edition.
6. California Standard Sign Specifications, current edition.
7. Traffic Signal Control Equipment Specifications, CalTrans, current edition.
8. Highway Design Manual, CalTrans, English version, current edition.
Page - 2 –
9. Construction Manual, CalTrans, current edition.
10. A Policy on Geometric Design of Highways and Streets, AASHT O, current edition.
11. California MUTCD, current edition.
12. Fundamentals of Traffic Engineering, Institute of Transportation Studies, U.C.
Berkeley, current edition.
13. Traffic Engineering Handbook, ITE, current edition.
14. Transportation Planning Handbook, ITE, current edition.
15. Transportation and Land Development, ITE, current edition.
16. Guidelines for Residential Subdivision Street Design, A Recommended Practice, ITE, current edition.
17. Guidelines for Urban Major Street Design, A Recommended Practice, ITE, current edition.
18. Traffic Access and Impact Studies for Site Development, ITE, current edition.
19. Guide for the Preparation of Traffic Impact Studies, CalTrans —District 6, current edition.
20. Guide for the Planning, Design, and Operation of Pedestrian Facilities, AASHTO, current edition.
21. Guide for the Development of Bicycle Facilities, AASHTO, current edition.
22. Urban Street Design Guide, National Association of City Transportation Officials (NACTO), current edition.
SECTION 2.
This Ordinance shall be posted in accordance with the Bakersfield Municipal Code and shall become effective thirty (30) days after the date of its passage. ---------o0o----------
Page - 3 –
I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted, by the Council of the City of Bakersfield at a regular meeting thereof held on _____________________________ by the following vote:
AYES: COUNCILMEMBER ARIAS, GONZALES, WEIR, SMITH, FREEMAN, GRAY, KAUR NOES: COUNCILMEMBER: _______________________________________________________________ ABSTAIN: COUNCILMEMBER: _______________________________________________________________ ABSENT: COUNCILMEMBER: _______________________________________________________________ _
______________________________________
JULIE DRIMAKIS, CPMC, 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
Page - 4 –
AEZ/vlg
S:\COUNCIL\Ords\25-26\13.12.030DevImpStandard,etc.Rdln.docx
ADMINISTRATIVE REPORT
MEETING DATE: June 10, 2026 AGENDA CATEGORY: Consent- Ordinances TO: Honorable Mayor and City Council
FROM: Phillip Burns, Development Services Director
DATE: May 22, 2026
SUBJECT: Adoption of an ordinance enacting Chapter 17.74 to Title 17 (Zoning) of the Bakersfield Municipal Code (BMC) related to Short Term Rentals.
The City of Bakerfield is proposing to enact Chapter 17.74 to Title 17 (Zoning) of the Bakersfield Municipal Code (BMC), relating to regulating Short Term Rentals. A finding that the project is exempt from the California Environmental Quality Act will also be considered. (City-wide) (FR 5/27/26)
RECOMMENDATION:
Staff recommends adoption of the ordinance and notice of exemption.
BACKGROUND:
At the February 12, 2026 Housing and Community Development Committee meeting, the City Attorney’s Office presented the draft ordinance and was directed by the Committee to bring said ordinance to the full City Council for review and approval. On May 7, 2026, the Planning Commission adopted Resolution No. 44 -26 recommending the City Council adopt Chapter 17.74 to Title 17 (Zoning) of the Bakersfield Municipal Code (BMC), which enacts the regulations for Short Term Rentals (STR). First reading was held at the City Council meeting of May 27, 2026.
Short Term Rentals (or STRs) have been a growing staple of the tourism economy, providing an alternative from traditional hotel/motel room lodging for travelers. Although STRs technically include a hotel room or other traditional form o f overnight accommodation, the term “STR” is now usually linked to short -term stays within homes in residential areas of communities, including apartments, condominiums and single-family homes. The common denominator is that rental is for less than thirty days. The difference is that whereas hotels are usually permitted uses within the zones they are allowed, STRs are often not permitted within residentially zones areas of a community, which are anticipated to provide for more permanent forms of residency.
With the advent of online booking engines such as AirBnB, VRBO, and HomeAway, among others, it has become easier for property owners to list a house, condo or apartment as a STR and manage that rental without support from more traditional property management companies. These online booking engines have also made it easier to search and book STRs. STRs can be second homes that are used by the owner during a portion of the year or investment properties without a permanent owner - occupant.
The increase in STR activity, especially in residential neighborhoods, has created challenges across the county. Issues ranging from noise, trash, and parking to a decline in available long -term housing options are regularly cited by residents in impacted communities. Across the State of California and the United States, counties and cities are attempting to strike a balance between regulating STRs to address neighborhood compatibility and environmental concerns while recognizing property owner
rights. STRs can generate millions of dollars in Transient Lodging Tax (“TLT” more commonly referred to as “TOT”) revenue along with substantial accompanying permitting fees.
The STR ordinance presented here today seeks to strike a balance between reasonableness and effective enforceability as it relates to land use regulations including but not limited to the following:
Separate STR permit requirement in addition to a Busines s Tax Certificate, including paying TLT directly to City
STR permit valid for 12 months; renewal of STR permit required STR permit available for residential dwelling unit and residential development project (multifamily development of five or more units; permit 20% of units in development) STR permit prohibited on deed restricted affordable housing units, single room occupancy, special group residence, junior accessory dwelling units, accessory dwelling units and properties with restrictive covenants or homeowner’s associations covenants (HOA), conditions, and restrictions (CC&R’s)
If property is subject to an HOA, operator shall provide City with written proof that its HOA allows the STR. City does not enforce HOA requirements
Imposition of parking and trash regulations
Imposition of noise standards
Posting if rules/regulations of STR permit and emergency contact information Requirement for a local 24-hour contact
Indemnify City and maintain liability insurance, including adding City as an additional insured Occupancy limits; 2 persons per bedroom. Children age 12 and under do not count towards limit Allow residential development projects (apartments and condominiums) to seek a STR permit (Limit of 20% of units as STR in a development);
Methodologies for enforcement and associated penalties As to enforcement, a violation of the ordinance shall be subject to the processes and procedures in Chapter 1.40 of the Bakersfield Municipal Code (criminal and administrative actions), which can include state, county health, building and fire regulation violations, as well as Chapter 17 (zoning violations). An operator’s STR permit will not be renewed if they accumulate two citations within the 12-month lifespan of said permit.
At the direction of City Council, a STR permit fee will be established in order to allow for cost recovery of administering the program. The Development Services Department will be in charge of administering and enforcing the ordinance and STR program, since the permitting regulations fall within building and zoning codes. The operator will pay the TLT directly to the City’s Finance Department. The Development Services Department will have the authority to hire a 3rd party in order to provide short-tern rental administration services.
At the February 12, 2026 Housing and Community Development Committee meeting, the City Attorney’s Office presented the draft ordinance and was directed by the Committee to bring said ordinance to the
full City Council for review and approval. By a 2-1 vote, (CM’s Kaur and Smith voted yes; CM Koman voted no) the Committee directed the City Attorney’s Office to make the following change to the ordinance:
Allow residential development projects (apartments and condominiums) to seek a STR permit (Limit of 20% of units as STR in a development);
Staff met with the Bakersfield Realtors Association to dis cuss the STR ordinance. The Association expressed support for the STR ordinance and their suggestions involving having no maximum occupancy and children 12 and under not counting towards the limit have been incorporated.
At the May 27, 2026 City Council meeting, Councilmember Gonzales made a motion to approve first reading of the STR ordinance with the following two changes:
1. Reduce the liability insurance requirement from $1 million to $500,000;
2. Require STR platforms to collect the City’s TLT directly from all bookings processed through their platforms and remit those taxes to the City on behalf of STR operators.
The changes above are incorporated within Section 17.74.060 (D) and (E) of the ordinance.
On June 2, 2026, City staff spoke with an Airb&b representative regarding state law (Govt Code Sections 66333 and 66323) that went into effect in 2020 that prohibit ADU’s and JADU’s from being used as an STR and their position that STR’s for ADU’s and JADU’s pre-2020 were “grandfathered in.” City Staff clarified that City’s permissive zoning code specifically identifies uses allowed in all zones and STRs have never been allowed, therefore there is no “grandfathering in” of a use that has always been prohibited. The Airb&b representative also suggested certain language be added to provide clarity as it relates to a hosting platform facilitating TLT payments directly to the City. The City reviewed and made small non-substantive edits to Section 17.74.020 (E) that address the issues raised.
ENVIRONMENTAL REVIEW AND DETERMINATION
Pursuant to CEQA Guidelines Section 15061(b)(3), also known as the “general rule” or “common sense” exemption, CEQA exempts activities that can be seen with certainty to have no possibility for causing a significant effect on the environment. The CEQA Guidelines state in that section that “A project is exempt from CEQA if… [T]he activity is covered by common sense that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.”
The proposed project involves adoption of a Short-Term Rental ordinance and does not in and of itself include any proposed development. The proposed project does not propose or approve any physical development. The proposed project will not result in changes to the physical environment, nor will it result in potential environmental impacts. A Notice of Exemption has been prepared.
PLANNING COMMISSION
On May 7, 2026, the Planning Commission held a public hearing regarding the enactment of Chapter 17.74 to Title 17 (Zoning) of the Bakersfield Municipal Code (BMC), which enacts the regulations for Short Term Rentals (STR). Notice of the public hearing was provided by placing a display advertisement of at least one-eighth page in the newspaper at least twenty days prior to the hearing. Notices were sent to those
parties which have specifically requested be sent a notice of public hearing. This notification process adheres to both city ordinance and state law. There were no speakers in fav or or in opposition at the hearing. No written comments have been received. The Commission unanimously (Commissioners Cater and Bittle were absent), voted to adopt Resolution No. 44 -26 recommending the City Council adopt Chapter 17.74 to Title 17 (Zoning) of the BMC.
FISCAL IMPACT:
A STR permit fee will be established in order to allow for cost recovery of administering the program. The Development Services Department will be in charge of administering and enforcing the ordinance and STR program, since the permitting regulations fall within building and zoning codes. The operator will pay the
Transient Lodging Tax (“TLT” more commonly referred to as “TOT”) directly to the City’s Finance Department. The Development Services Department will have the authority to hire a 3rd party in order to provide short-tern rental administration services.
COUNCIL GOAL:
Innovative and Efficient City Government
Safety and Resilience
ATTACHMENTS:
Ordinance
REDLINE
____________________________
Ordinance Enacting Chapter 17.74 Short-Term Rentals.
-- Page 1 of 11 Pages --
ORDINANCE NO. __________________
ORDINANCE ENACTING CHAPTER 17.74 OF THE BAKERSFIELD
MUNICIPAL CODE RELATING TO SHORT-TERM RENTALS.
BE IT ORDAINED by the Council of the City of Bakersfield as follows:
SECTION 1.
Chapter 17.74 of the Bakersfield Municipal Code is hereby enacted to read as follows:
Chapter 17.74 SHORT-TERM RENTALS
Sections:
17.74.010 Purpose.
17.74.020 Definitions.
17.74.030 Permit required.
17.74.040 Expiration and Renewal.
17.74.050 Short-Term Rental Regulations.
17.74.060 Short-Term Rental Operator Requirements.
17.74.070 Enforcement.
17.74.080 Fees.
17.74.090 Appeal of permit denial or revocation.
17.74.100 Severability.
17.74.010 Purpose.
The purpose of this Chapter is to establish regulations, standards, and a permitting process governing the renting or leasing of privately owned visitor serving residential dwelling units on a short -term basis; ensure the collection and payment of Transient Lodging Taxes ("TLT"); safeguard the residents of the City by ensuring that such short -term rental activities do not become a nuisance, or threaten the public health, safety or welfare of neighboring properties.
17.74.020 Definitions.
A. "Booking transaction" means any reservation and/or payment service provided by a person or entity who facilitates a short -term rental transaction between a prospective guest and a short-term rental operator.
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B. "Emergency contact person" means the person designated by the operator to respond to and take remedial action regarding short-term rental complaints.
C. "Guest" means any person or persons renting a short-term rental for overnight transient occupancy.
D. “Short-term rental operator” or “operator” means any person who is the owner or tenant of a residential dwelling unit and who offers or provides that residential dwelling unit for short- term rental use.
The term also includes:
1. a personal or family trust consisting solely of natural persons, including the trustee(s) of such trust;
2. a limited liability company, including the member(s) of such company;
3. any authorized tenant of the property who offers or provides the residential dwelling unit for short-term rental use.
E. "Hosting platform" means a person or entity that participates in the short -term rental business by collecting or receiving a fee, directly or indirectly through an agent or intermediary, for facilitating or conducting a short -term rental booking transaction using any medium of facilitation, regardless of whether payment is transferred through or processed by such platform.
F. "Prohibited buildings" means buildings where short-term rentals are not permitted to operate, such as deed restricted affordable housing units, single room occupancy, special group residence, junior accessory dwelling units and accessory dwelling units . Prohibited buildings shall also apply to buildings with restrictive covenants or homeowners' associations covenants, conditions, and restrictions (CC&Rs) that are not discriminatory (as defined in Government Code 12955).
G. “Residential development project” means a multi-family development of five (5) or more units.
H. "Short-term rental" or "STR" means a residential dwelling unit, that is offered or provided to a paying guest(s) for occupancy by a short -term rental operator for the use or possession, or the right to the use or possession, for overnight lodging, dwelling, or sleeping purposes for one (1) to less than thirty (30) consecutive nights. This term shall not include hotels, motels, inns, or bed and breakfast inns, or hourly rentals.
I. "Short-term rental advertisement" means any method of soliciting use of a residential dwelling unit for short-term rental purposes.
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J. "Tenant" means a person who has a rental agreement for a residential dwelling unit in which the rental payments are paid on a monthly or other periodic basis in exchange for occupancy of the residential dwelling unit.
K. "Transient lodging tax" or "TLT", also commonly referred as “TOT” means local transient lodging tax as set forth in Chapter 3.40.
17.74.030 Permit required.
A. No person or entity shall advertise, rent, or operate a short-term rental in the City unless a short-term rental (STR) permit has been issued by the City pursuant to this Chapter. An STR operator shall obtain a permit from the City and shall be responsible for all requirements of this Chapter. Application for a STR shall be in a form prescribed by the Development Services Director with all information determined by the Director to be necessary to evaluate the eligibility of the operator, consistent with this Chapter.
B. The following requirements must be met at the time of submitting a STR permit application:
1. The property is a residential dwelling unit, as defined in Section 17.04.200. The residential dwelling shall not be an accessory dwelling unit, a junior accessory dwelling unit, a deed restricted affordable housing unit, in a special group residence, or single room occupancy.
2. If the property involves a residential development project, then the number of STRs shall not exceed the number of dwelling units identified in the Table below:
Number of dwelling units in a residential
development project
Number of STRs allowed per residential
development project: 20%
5 to 10 1-2
11 to 50 3-10
51 to 100 11-20
101 to 150 21-30
3. The STR operator shall identify, to the satisfaction of the City, a local emergency contact person who shall be available twenty -four (24) hours per day, seven (7) days a week for: (1) responding within one (1) hour to complaints forwarded from the City or its agent regarding the condition, operation, or conduct of the STR or its guests; and (2) taking any remedial action necessary to resolve such complaints.
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4. The full legal name, the street and mailing address, the email address and the telephone number of the property owner and in all cases where a business entity or trust is the property owner, the individual who has responsibility to oversee the ownership of the dwelling on behalf of the business entity or trust, including the street and mailing address, the email address and the telephone number of the individual having such responsibility.
5. If the property owner is a business entity, information and documentation pertaining to the owner’s status with the California Secretary of State shall also be required.
6. If the STR operator is not the property owner, a signed and notarized property owner consent form shall be provided. The documentation provided shall have the full legal name of the owner, mailing address, email address and telephone number. A property manager may submit this form on behalf of the prope rty owner with a fully executed and current property management agreement.
7. The residential dwelling unit shall not be the subject of any active or pending code enforcement actions or violations pursuant to the Bakersfield Municipal Code.
8. No STR permit for the residential dwelling unit has been revoked or denied within the last twelve (12) months.
9. If the residential dwelling unit is subject to the rules of a homeowners' association or non -discriminatory restrictive covenant that restricts STR s or their equivalent, allowance to engage in short -term rental activity through this Chapter shall not be inferred to grant any permission that invalidates or supersedes any provisions in those documents. Operator shall provide City with written proof th at its homeowner’s association allows STRs.
10. The STR operator shall sign an indemnification agreement in a form approved by the City Attorney, agreeing to indemnify, save, protect and defend the City, the City Council, individually and collectively, and the City ’s representatives, officers, officials, employees, agents, and volunteers from any and all claims, demands, damages, fines, obligations, suits, judgments, penalties, causes of action, losses, liabilities, or costs at any time received, incurred, or accrued as a result of, or arising out of the operator's actions or inaction in the operation, occupancy, use, and/or maintenance of the short -term rental.
11. The residential dwelling unit shall be legally permitted.
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12. After the submission o f an application, City shall inspect the property to determine the presence of any hazardous or unsafe conditions and document the areas that will be advertised for STR occupancy by guests. If the City determines corrective action is needed, the STR operator shall resolve these issues prior to the issuance of a STR permit.
13. There shall be no outstanding code enforcement citation fees owed against the property.
14. If the STR operator fails to meet all requirements listed above within forty-five (45) days after the application has been reviewed by the City, such application shall become invalid, and no permit shall be issued unless a new application is submitted and a new fee paid.
15. The STR operator is required to obtain a business tax certificate pursuant to Chapter 5.02 of this Code before renting or advertising the availability of the STR residential dwelling unit.
17.74.040 Expiration and renewal.
A. A STR permit is valid for one (1) year from the date of issuance. It may not be transferred or assigned and does not run with the land. A STR permit may be renewed annually if the operator: (1) pays the renewal fee; (2) provides information concerning any changes to t he previous application for, or renewal of, the STR permit; (3) submits records described in Section
3.40.070 for the last year to demonstrate compliance with this Chapter; and (4) provides updated written documentation as applicable.
B. Upon review of the STR renewal application, the City may require a re-inspection of the property as a condition of STR renewal permit approval.
C. In order for the STR permit to be eligible for renewal, the residential dwelling unit or property owner and/or operator sh all not be the subject of any active or pending code enforcement actions or violations.
D. The STR permit shall not be renewed if the STR owner or operator has accumulated two (2) or more citations during the twelve (12) month lifespan of the permit.
E. If the STR operator fails to obtain approval within forty -five (45) days after the renewal application has been reviewed by the City, such renewal application shall become invalid and no permit shall be issued unless a new application is submitted and a new fee paid.
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F. The STR permit shall not be renewed if there are outside code enforcement citation fees owed against the property.
17.74.050 Short Term Rental Regulations.
A. All marketing and advertising of a STR, including any listing on a hosting platform, shall clearly list the City-issued STR permit number and expiration date.
B. STR’s are prohibited in any part of the property not approved and permitted for residential use/habitable space including, but not limited to, a vehicle parked on the property, a recreation vehicle, pool house, a storage room/shed, trailer, garage, boat or similar watercraft, tree house, or any temporary structure, including, but not limited to, a tent. Accessory dwelling units (ADU) and junior accessory dwelling units (JADU) are approved for residential use but are prohibited from use as a STR.
C. Each STR shall have a notice posted within the unit in a location clearly marked and accessible to the guest (e.g., posted on the refrigerator, included within a binder with additional information on the unit, etc.), containing the following information:
1. The maximum number of persons permitted in the unit;
2. Parking capacity, location of parking spaces, and parking rules, if any;
3. Trash and recycling pickup information;
4. The name of the emergency contact person and a telephone number at which that person may be reached on a twenty-four (24) hour basis;
5. Emergency contact information for police, fire, or emergency medical services; and
6. Evacuation plan for the unit showing emergency exit routes, exits, and fire extinguisher locations.
D. The maximum number of persons who may be present on the STR property at any time shall be limited to two (2) persons per bedroom. Children age twelve (12) and under do not count toward this limit.
E. Use of all outdoor pools, spas and hot tubs shall be prohibited between the hours of 10:00 p.m. and 7:00 a.m.
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F. All activities shall comply with all provisions of the Bakersfield Municipal Code, including, but not limited to Chapter 9.22 (Noise), Chapter 9.23 (Loud or Unruly Events), Chapter 8.29 (Litter Control), and Chapter 8.32 (Solid Waste/Recyclable Materials/Organic Waste).
G. No registered STR operator shall offer or provide hourly rentals to a paying guest at the residence, property, or any other portion thereof where the unit is registered.
H. No sign shall be posted on the exterior of the STR premises to advertise the availability of the STR rental unit to the public.
I. No person shall offer, advertise, book, facilitate, or engage in short -term rental activity in a manner that does not comply with this Chapter.
J. The STR operator shall not knowingly book, transfer, or facilitate the booking to any person banned or removed from any STR in the previous five (5) years.
K. No STR advertisement shall offer a unit, bedroom, or any other area not documented during an inspection(s) described in Section 17.74.030(B)(10) or Section 17.74.040(B), whichever is more recent.
L. Short-term rentals shall comply with all applicable laws and regulations of the City including those pertaining to health, safety, building, and fire protection.
M. The STR operator shall pay all applicable fees and charges set by the City Council as may be necessary to effectuate the purpose of this Chapter.
N. The appearance of the STR premises shall not conflict with the residential character of the neighborhood. All applicable development, design, and landscaping standards, including, but not limited to, those contained in Chapter 17.61 of this Code, are expressly made applicable to any premises used for STR purposes.
17.74.060 Short-Term Rental Operator Requirements.
A. The STR operator shall provide information on the maximum number of persons allowed, parking capacity and location of parking spaces, noise regulations, and trash and recycling disposal requirements to prospective guests, prior to their occupancy of the unit.
B. Any issues raised or brought by the City to the STR operator must be resolved within the timeframe set by the City when notified by a citation warning notice or citation issued, and failure to do so may result in penalties and/or fines.
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C. The STR operator shall provide and maintain working fire extinguishers, smoke detectors, and carbon monoxide detectors, in compliance with life, fire, and safety codes; and information related to emergency exit routes on the property, emergency contact, and emergency response contact information.
D. The STR operator shall maintain and provide proof of liability insurance appropriate to cover the short -term rental use in an aggregate of not less than Five Hundred Thousand Dollars ($500,000), including contain ing an additional insured endorsement in favor of City and its mayor, council, officers, agents, employees, and designated volunteers; or conduct each short-term rental transaction through a platform that provides equal or greater insurance coverage.
E. Transient Lodging Taxes (TLT) shall be collected on all STRs. A hosting platform that facilitates booking transactions in the City shall collect in lieu of STR operators and remit to the City the applicable TLT, in accordance with Chapter 3.40 of the Bakersfield Municipal Code.
F. The STR operator and property owner shall be jointly responsible for any nuisance violations arising at a property during STR activities.
G. The STR operator must consent to receive all City notices and fines regarding STR registration by U.S. mail.
17.74.070 Enforcement.
A. It is unlawful to violate the provisions of this Chapter. Violations include, but are not limited to:
1. Failure of the emergency contact to acknowledge and take any remedial action needed to respond to a complaint forwarded by the City or its agent within one (1) hour after the complaint is received or a contact is attempted and the emergency contact cannot be reached;
2. Failure to promptly notify the City when the emergency contact information changes;
3. Violation of the STR maximum occupancy, noise, or other requirements as set forth in this Chapter;
4. Providing false or misleading information on a STR permit application or other documentation required by this Chapter;
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5. Any attempt to rent an un permitted STR by advertising the property for short - term rental purposes;
6. Violations of state, county health, City, building, or fire regulations;
7. Conduct or activities that constitute a public nuisance as determined by the City or which otherwise constitute a hazard to public peace, health, or safety.
B. Any and all violations of this Chapter shall count as violations toward the two (2) citations required for non-renewal of the STR permit.
C. A violation of this Chapter shall be subject to the processes and procedures in Chapter
1.40 and Chapter 17 of the Bakersfield Municipal Code.
D. A STR operator may receive multiple citations f or a single event, if it violates multiple provisions of the Bakersfield Municipal Code, or if the violations continue for multiple days without successful resolution.
E. If the STR permit is revoked, no dwelling unit on that parcel may obtain an STR permit for a minimum period of twelve (12) months, regardless of who is the STR operator, and may only be registered thereafter upon request and review by the Development Services Director or their designee.
F. Any STR operator convicted of violating any provision of this Chapter in a criminal case or found to be in violation of this Chapter in a civil or administrative action brought by the City shall be ordered to pay back all unpaid TLT, if applicable.
G. The City may take any other action permitted by law or equity to ensure compliance with this Chapter, including, but not limited to, general code enforcement procedures set forth in Chapters 1.40, 8, 9,15, and 17 of this Code.
17.74.080 Fees.
The City Council shall establish and set by resolution all fees and charges as may be necessary to effectuate the purpose of this Chapter.
17.74.090 Appeal of a permit denial or revocation.
A. Should a STR permit be denied or revoked, then said applicant may, no later than ten business days after notice of such decision is deposited in the United States mail, addressed to the applicant at the address provided on the application, make written objection to the City
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Manager or designee setting forth the grounds for dissatisfaction, whereupon the City Manager or designee shall hear such objections at a scheduled hearing;
B. As soon as practicable after receiving the appeal, the City Manager or designee shall set a date to hear the appeal, which date shall be within a reasonable time from the date the appeal was filed. The City Manager, or designee, shall give the appellant written notice of the time and place of the hearing at least fifteen days prior to the date of the hearing, either by causing a copy of the notice to be delivered to the appellant personally or by certified mai l addressed to the appellant at the address shown on the appeal. At the hearing, the City Manager, or designee, shall hear the appellant and any witnesses, as well as any information to be provided by the Development Services Director, or designee. Upon co nclusion of the hearing, the City Manager, or designee, shall render a decision. The decision of the City Manager, or designee, shall be final.
C. Pending the hearing, the decision of the Development Services Director or designee shall remain in full for ce and effect and any reversal thereof by the City Manager or designee shall not be retroactive but shall take effect as of the date of the City Manager or designee’s decision.
17.74.100 Severability.
If any section, subsection, sentence, clause or phrase of this chapter is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of t his chapter. The city council hereby declares that it would have passed the ordinance codified in this chapter, and each and every section, subsection, sentence, clause or phrase not declared invalid or unconstitutional without regard to whether any portio n of this chapter would be subsequently declared invalid or unconstitutional.
SECTION 2.
This Ordinance shall be posted in accordance with the provisions of the Bakersfield Municipal Code and shall become effective thirty (30) days from and after the date of its passage.
---------o0o---------
I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on _____________________________ by the following vote:
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AYES: COUNCILMEMBER: ARIAS, GONZALES, WEIR, SMITH, KOMAN, BASHIRTASH, KAUR NOES: COUNCILMEMBER:___________________________________________________________________ ABSTAIN: COUNCILMEMBER:___________________________________________________________________ ABSENT: COUNCILMEMBER:___________________________________________________________________
______________________________________
JULIE DRIMAKIS, CPMC, 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 II
VGK/pt
S:\COUNCIL\Ords\25-26\17.74 Short-term Rentals.Rdl.docx
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Ordinance Enacting Chapter 17.74 Short-Term Rentals.
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ORDINANCE NO. __________________
ORDINANCE ENACTING CHAPTER 17.74 OF THE BAKERSFIELD
MUNICIPAL CODE RELATING TO SHORT-TERM RENTALS.
BE IT ORDAINED by the Council of the City of Bakersfield as follows:
SECTION 1.
Chapter 17.74 of the Bakersfield Municipal Code is hereby enacted to read as follows:
Chapter 17.74 SHORT-TERM RENTALS
Sections:
17.74.010 Purpose.
17.74.020 Definitions.
17.74.030 Permit required.
17.74.040 Expiration and Renewal.
17.74.050 Short-Term Rental Regulations.
17.74.060 Short-Term Rental Operator Requirements.
17.74.070 Enforcement.
17.74.080 Fees.
17.74.090 Appeal of permit denial or revocation.
17.74.100 Severability.
17.74.010 Purpose.
The purpose of this Chapter is to establish regulations, standards, and a permitting process governing the renting or leasing of privately owned visitor serving residential dwelling units on a short -term basis; ensure the collection and payment of Transient Lodging Taxes ("TLT"); safeguard the residents of the City by ensuring that such short -term rental activities do not become a nuisance, or threaten the public health, safety or welfare of neighboring properties.
17.74.020 Definitions.
A. "Booking transaction" means any reservation and/or payment service provided by a person or entity who facilitates a short -term rental transaction between a prospective guest and a short-term rental operator.
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B. "Emergency contact person" means the person designated by the operator to respond to and take remedial action regarding short-term rental complaints.
C. "Guest" means any person or persons renting a short-term rental for overnight transient occupancy.
D. “Short-term rental operator” or “operator” means any person who is the owner or tenant of a residential dwelling unit and who offers or provides that residential dwelling unit for short- term rental use.
The term also includes:
1. a personal or family trust consisting solely of natural persons, including the trustee(s) of such trust;
2. a limited liability company, including the member(s) of such company;
3. any authorized tenant of the property who offers or provides the residential dwelling unit for short-term rental use.
E. "Hosting platform" means a person or entity that participates in the short -term rental business by collecting or receiving a fee, directly or indirectly through an agent or intermediary, for facilitating or conducting a short -term rental booking transaction using any medium of facilitation, regardless of whether payment is transferred through or processed by such platform.
F. "Prohibited buildings" means buildings where short-term rentals are not permitted to operate, such as deed restricted affordable housing units, single room occupancy, special group residence, junior accessory dwelling units and accessory dwelling units . Prohibited buildings shall also apply to buildings with restrictive covenants or homeowners' associations covenants, conditions, and restrictions (CC&Rs) that are not discriminatory (as defined in Government Code 12955).
G. “Residential development project” means a multi-family development of five (5) or more units.
H. "Short-term rental" or "STR" means a residential dwelling unit, that is offered or provided to a paying guest(s) for occupancy by a short -term rental operator for the use or possession, or the right to the use or possession, for overnight lodging, dwelling, or sleeping purposes for one (1) to less than thirty (30) consecutive nights. This term shall not include hotels, motels, inns, or bed and breakfast inns, or hourly rentals.
I. "Short-term rental advertisement" means any method of soliciting use of a residential dwelling unit for short-term rental purposes.
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J. "Tenant" means a person who has a rental agreement for a residential dwelling unit in which the rental payments are paid on a monthly or other periodic basis in exchange for occupancy of the residential dwelling unit.
K. "Transient lodging tax" or "TLT", also commonly referred as “TOT” means local transient lodging tax as set forth in Chapter 3.40.
17.74.030 Permit required.
A. No person or entity shall advertise, rent, or operate a short-term rental in the City unless a short-term rental (STR) permit has been issued by the City pursuant to this Chapter. An STR operator shall obtain a permit from the City and shall be responsible for all requirements of this Chapter. Application for a STR shall be in a form prescribed by the Development Services Director with all information determined by the Director to be necessary to evaluate the eligibility of the operator, consistent with this Chapter.
B. The following requirements must be met at the time of submitting a STR permit application:
1. The property is a residential dwelling unit, as defined in Section 17.04.200. The residential dwelling shall not be an accessory dwelling unit, a junior accessory dwelling unit, a deed restricted affordable housing unit, in a special group residence, or single room occupancy.
2. If the property involves a residential development project, then the number of STRs shall not exceed the number of dwelling units identified in the Table below:
Number of dwelling units in a residential
development project
Number of STRs allowed per residential
development project: 20%
5 to 10 1-2
11 to 50 3-10
51 to 100 11-20
101 to 150 21-30
3. The STR operator shall identify, to the satisfaction of the City, a local emergency contact person who shall be available twenty -four (24) hours per day, seven (7) days a week for: (1) responding within one (1) hour to complaints forwarded from the City or its agent regarding the condition, operation, or conduct of the STR or its guests; and (2) taking any remedial action necessary to resolve such complaints.
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4. The full legal name, the street and mailing address, the email address and the telephone number of the property owner and in all cases where a business entity or trust is the property owner, the individual who has responsibility to oversee the ownership of the dwelling on behalf of the business entity or trust, including the street and mailing address, the email address and the telephone number of the individual having such responsibility.
5. If the property owner is a business entity, information and documentation pertaining to the owner’s status with the California Secretary of State shall also be required.
6. If the STR operator is not the property owner, a signed and notarized property owner consent form shall be provided. The documentation provided shall have the full legal name of the owner, mailing address, email address and telephone number. A property manager may submit this form on behalf of the prope rty owner with a fully executed and current property management agreement.
7. The residential dwelling unit shall not be the subject of any active or pending code enforcement actions or violations pursuant to the Bakersfield Municipal Code.
8. No STR permit for the residential dwelling unit has been revoked or denied within the last twelve (12) months.
9. If the residential dwelling unit is subject to the rules of a homeowners' association or non -discriminatory restrictive covenant that restricts STR s or their equivalent, allowance to engage in short -term rental activity through this Chapter shall not be inferred to grant any permission that invalidates or supersedes any provisions in those documents. Operator shall provide City with written proof th at its homeowner’s association allows STRs.
10. The STR operator shall sign an indemnification agreement in a form approved by the City Attorney, agreeing to indemnify, save, protect and defend the City, the City Council, individually and collectively, and the City ’s representatives, officers, officials, employees, agents, and volunteers from any and all claims, demands, damages, fines, obligations, suits, judgments, penalties, causes of action, losses, liabilities, or costs at any time received, incurred, or accrued as a result of, or arising out of the operator's actions or inaction in the operation, occupancy, use, and/or maintenance of the short -term rental.
11. The residential dwelling unit shall be legally permitted.
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12. After the submission o f an application, City shall inspect the property to determine the presence of any hazardous or unsafe conditions and document the areas that will be advertised for STR occupancy by guests. If the City determines corrective action is needed, the STR operator shall resolve these issues prior to the issuance of a STR permit.
13. There shall be no outstanding code enforcement citation fees owed against the property.
14. If the STR operator fails to meet all requirements listed above within forty-five (45) days after the application has been reviewed by the City, such application shall become invalid, and no permit shall be issued unless a new application is submitted and a new fee paid.
15. The STR operator is required to obtain a business tax certificate pursuant to Chapter 5.02 of this Code before renting or advertising the availability of the STR residential dwelling unit.
17.74.040 Expiration and renewal.
A. A STR permit is valid for one (1) year from the date of issuance. It may not be transferred or assigned and does not run with the land. A STR permit may be renewed annually if the operator: (1) pays the renewal fee; (2) provides information concerning any changes to t he previous application for, or renewal of, the STR permit; (3) submits records described in Section
3.40.070 for the last year to demonstrate compliance with this Chapter; and (4) provides updated written documentation as applicable.
B. Upon review of the STR renewal application, the City may require a re-inspection of the property as a condition of STR renewal permit approval.
C. In order for the STR permit to be eligible for renewal, the residential dwelling unit or property owner and/or operator sh all not be the subject of any active or pending code enforcement actions or violations.
D. The STR permit shall not be renewed if the STR owner or operator has accumulated two (2) or more citations during the twelve (12) month lifespan of the permit.
E. If the STR operator fails to obtain approval within forty -five (45) days after the renewal application has been reviewed by the City, such renewal application shall become invalid and no permit shall be issued unless a new application is submitted and a new fee paid.
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F. The STR permit shall not be renewed if there are outside code enforcement citation fees owed against the property.
17.74.050 Short Term Rental Regulations.
A. All marketing and advertising of a STR, including any listing on a hosting platform, shall clearly list the City-issued STR permit number and expiration date.
B. STR’s are prohibited in any part of the property not approved and permitted for residential use/habitable space including, but not limited to, a vehicle parked on the property, a recreation vehicle, pool house, a storage room/shed, trailer, garage, boat or similar watercraft, tree house, or any temporary structure, including, but not limited to, a tent. Accessory dwelling units (ADU) and junior accessory dwelling units (JADU) are approved for residential use but are prohibited from use as a STR.
C. Each STR shall have a notice posted within the unit in a location clearly marked and accessible to the guest (e.g., posted on the refrigerator, included within a binder with additional information on the unit, etc.), containing the following information:
1. The maximum number of persons permitted in the unit;
2. Parking capacity, location of parking spaces, and parking rules, if any;
3. Trash and recycling pickup information;
4. The name of the emergency contact person and a telephone number at which that person may be reached on a twenty-four (24) hour basis;
5. Emergency contact information for police, fire, or emergency medical services; and
6. Evacuation plan for the unit showing emergency exit routes, exits, and fire extinguisher locations.
D. The maximum number of persons who may be present on the STR property at any time shall be limited to two (2) persons per bedroom. Children age twelve (12) and under do not count toward this limit.
E. Use of all outdoor pools, spas and hot tubs shall be prohibited between the hours of 10:00 p.m. and 7:00 a.m.
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F. All activities shall comply with all provisions of the Bakersfield Municipal Code, including, but not limited to Chapter 9.22 (Noise), Chapter 9.23 (Loud or Unruly Events), Chapter 8.29 (Litter Control), and Chapter 8.32 (Solid Waste/Recyclable Materials/Organic Waste).
G. No registered STR operator shall offer or provide hourly rentals to a paying guest at the residence, property, or any other portion thereof where the unit is registered.
H. No sign shall be posted on the exterior of the STR premises to advertise the availability of the STR rental unit to the public.
I. No person shall offer, advertise, book, facilitate, or engage in short -term rental activity in a manner that does not comply with this Chapter.
J. The STR operator shall not knowingly book, transfer, or facilitate the booking to any person banned or removed from any STR in the previous five (5) years.
K. No STR advertisement shall offer a unit, bedroom, or any other area not documented during an inspection(s) described in Section 17.74.030(B)(10) or Section 17.74.040(B), whichever is more recent.
L. Short-term rentals shall comply with all applicable laws and regulations of the City including those pertaining to health, safety, building, and fire protection.
M. The STR operator shall pay all applicable fees and charges set by the City Council as may be necessary to effectuate the purpose of this Chapter.
N. The appearance of the STR premises shall not conflict with the residential character of the neighborhood. All applicable development, design, and landscaping standards, including, but not limited to, those contained in Chapter 17.61 of this Code, are expressly made applicable to any premises used for STR purposes.
17.74.060 Short-Term Rental Operator Requirements.
A. The STR operator shall provide information on the maximum number of persons allowed, parking capacity and location of parking spaces, noise regulations, and trash and recycling disposal requirements to prospective guests, prior to their occupancy of the unit.
B. Any issues raised or brought by the City to the STR operator must be resolved within the timeframe set by the City when notified by a citation warning notice or citation issued, and failure to do so may result in penalties and/or fines.
____________________________
Ordinance Enacting Chapter 17.74 Short-Term Rentals.
-- Page 8 of 11 Pages --
C. The STR operator shall provide and maintain working fire extinguishers, smoke detectors, and carbon monoxide detectors, in compliance with life, fire, and safety codes; and information related to emergency exit routes on the property, emergency contact, and emergency response contact information.
D. The STR operator shall maintain and provide proof of liability insurance appropriate to cover the short-term rental use in an aggregate of not less than Five Hundred Thousand Dollars ($500,000), including contain ing an additional insu red endorsement in favor of City and its mayor, council, officers, agents, employees, and designated volunteers; or conduct each short- term rental transaction through a platform that provides equal or greater insurance coverage.
E. Transient Lodging Taxes (TLT) shall be collected on all STRs. A hosting platform that facilitates booking transactions in the City shall collect in lieu of STR operators and remit to the City the applicable TLT, in accordance with Chapter 3.40 of the Bakersfield Municipal Code.
F. The STR operator and property owner shall be jointly responsible for any nuisance violations arising at a property during STR activities.
G. The STR operator must consent to receive all City notices and fines regarding ST R registration by U.S. mail.
17.74.070 Enforcement.
A. It is unlawful to violate the provisions of this Chapter. Violations include, but are not limited to:
1. Failure of the emergency contact to acknowledge and take any remedial action needed to respond to a complaint forwarded by the City or its agent within one (1) hour after the complaint is received or a contact is attempted and the emergency contact cannot be reached;
2. Failure to prom ptly notify the City when the emergency contact information changes;
3. Violation of the STR maximum occupancy, noise, or other requirements as set forth in this Chapter;
4. Providing false or misleading information on a STR permit application or other documentation required by this Chapter;
5. Any attempt to rent an un permitted STR by advertising the property for short - term rental purposes;
____________________________
Ordinance Enacting Chapter 17.74 Short-Term Rentals.
-- Page 9 of 11 Pages --
6. Violations of state, county health, City, building, or fire regulations;
7. Conduct or activities that constitute a public nuisance as determined by the City or which otherwise constitute a hazard to public peace, health, or safety.
B. Any and all violations of this Chapter shall count as violations toward the two (2) citations required for non-renewal of the STR permit.
C. A violation of this Chapter shall be subject to the processes and procedures in Chapter
1.40 and Chapter 17 of the Bakersfield Municipal Code.
D. A STR operator may receive multiple citations for a single event, if it violates multiple provisions of the Bakersfield Municipal Code, or if the violations continue for multiple days without successful resolution.
E. If the STR permit is revoked, no dwelling unit on that parcel may obtain an STR permit for a minimum period of twelve (12) months, regardless of who is the STR operator, and may only be registered thereafter upon request and review by the Development Services Director or their designee.
F. Any STR operator convicted of violating any provision of this Chapter in a criminal case or found to be in violation of this Chapter in a civil or administrative action brought by the City shall be ordered to pay back all unpaid TLT, if applicable.
G. The City may take any other action permitted by law or equity to ensure compliance with this Chapter, including, but not limited to, general code enforcement procedures set forth in Chapters 1.40, 8, 9,15, and 17 of this Code.
17.74.080 Fees.
The City Council shall establish and set by resolution all fees and charges as may be necessary to effectuate the purpose of this Chapter.
17.74.090 Appeal of a permit denial or revocation.
A. Should a STR permit be denied or revoked, then said applicant may, no later than ten business days after notice of such decision is deposited in the United States mail, addressed to the applicant at the address provided on the application, make written objection to the City Manager or designee setting forth the grounds for dissatisfaction, whereupon the City Manager or designee shall hear such objections at a scheduled hearing;
____________________________
Ordinance Enacting Chapter 17.74 Short-Term Rentals.
-- Page 10 of 11 Pages --
B. As soon as practicable after receiving the appeal, the City Manager or designee shall set a date to hear the appeal, which date shall be within a reasonable time from the date the appeal was filed. The City Manager, or designee, shall give the appellant written notice of the time and place of the hearing at least fifteen days prior to the date of the hearing, either by causing a copy of the notice to be delivered to the appellant personally or by certified mai l addressed to the appellant at the address shown on the appeal. At the hearing, the City Manager, or designee, shall hear the appellant and any witnesses, as well as any information to be provided by the Development Services Director, or designee. Upon co nclusion of the hearing, the City Manager, or designee, shall render a decision. The decision of the City Manager, or designee, shall be final.
C. Pending the hearing, the decision of the Development Services Director or designee shall remain in full for ce and effect and any reversal thereof by the City Manager or designee shall not be retroactive but shall take effect as of the date of the City Manager or designee’s decision.
17.74.100 Severability.
If any section, subsection, sentence, clause or phrase of this chapter is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of t his chapter. The city council hereby declares that it would have passed the ordinance codified in this chapter, and each and every section, subsection, sentence, clause or phrase not declared invalid or unconstitutional without regard to whether any portio n of this chapter would be subsequently declared invalid or unconstitutional.
SECTION 2.
This Ordinance shall be posted in accordance with the provisions of the Bakersfield Municipal Code and shall become effective thirty (30) days from and after the date of its passage.
---------o0o---------
I HEREBY CERTIFY that the foregoing Ordinance 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:___________________________________________________________________
____________________________
Ordinance Enacting Chapter 17.74 Short-Term Rentals.
-- Page 11 of 11 Pages --
______________________________________
JULIE DRIMAKIS, CPMC, 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 II
VGK/pt
S:\COUNCIL\Ords\25-26\17.74 Short-term Rentals.Rdl.docx
ADMINISTRATIVE REPORT
MEETING DATE: June 10, 2026 AGENDA CATEGORY: Consent - Resolutions TO: Honorable Mayor and City Council
FROM: Julie Drimakis, City Clerk
DATE: May 20, 2026
SUBJECT: Resolution calling for the General Municipal Election for Wards 1, 3, 4 and 7 and requesting consolidation with the County of Kern for the Statewide General Election to be held on Tuesday, November 3, 2026
RECOMMENDATION:
Staff recommends adoption of the resolution.
BACKGROUND:
Section 67 of the Charter of the City of Bakersfield prescribes that a General Municipal Election of members of the Council shall be held on the first Tuesday after the first Monda y in November of each even-numbered year. Thus, it is necessary for the City Council to adopt a resolution calling and giving notice for the General Municipal Election of November 3, 2026, for Wards 1, 3, 4 and 7 . The Resolution also requests the County of Kern Board of Supervisors to consolidate the General Municipal Election with the Statewide Election. The attached Resolution authorizes Kern County Elections to canvas the returns, provide other election services in accordance with State election laws, o ur City Charter, and authorizes the City to reimburse the County for actual costs related to services rendered.
The Council seats open for election are currently filled by:
Ward 1 – Eric Arias
Ward 3 – Ken Weir
Ward 4 – Bob Smith
Ward 7 – Manpreet Kaur
If this Resolution is approved by City Council as attached, the filing period for nomination papers, will be July 13, 2026 through August 7, 2026. The nomination period will be extended to August 12, 2026, should an incumbent not file by the deadline. The e lected City Councilmembers will be sworn into office on Wednesday, December 16, 2026, or as soon thereafter as appropriate.
Included for review is the City Clerk's Election calendar. The calendar provides information regarding filing deadlines, campaign reporting deadlines and other important dates. The calendar is not intended as legal advice and is for general guidance only. The calendar is available to the public through the City Clerk's Office and on the City's webpage.
FISCAL IMPACT:
The City reimburses the County for City’s share of costs . The cost of every election varies based on a variety of factors. The total cost of the General Municipal Election for these same wards in 2022 was approximately $162,000.
COUNCIL GOAL:
Innovative and Efficient City Government
ATTACHMENTS:
1. Resolution
2. Election calendar
1 RESOLUTION NO. ______________
A RESOLUTION CALLING AND GIVING NOTICE OF
HOLDING A GENERAL MUNICIPAL ELECTION FOR THE
ELECTION OF COUNCILMEMBERS FOR WARDS 1, 3, 4
AND 7, AND REQUESTING THE BOARD OF
SUPERVISORS OF THE COUNTY OF KERN TO
CONSOLIDATE WITH THE STATEWIDE GENERAL
ELECTION TO BE HELD ON TUESDAY, NOVEMBER 3,
2026.
WHEREAS, Section 67 of the Charter of the City of Bakersfield prescribes that a General Municipal Election for election of members of the Council shall be held on the first Tuesday after the first Monday in November of each even-numbered year; and,
WHEREAS, the Councilmember terms for Wards 1, 3, 4 and 7 are due for re - election, pursuant to Section 15 of the Charter of the City of Bakersfield; and
WHEREAS, the California General Electi on will be held on November 3, 2026; and,
WHEREAS, in accordance with Section 10403 of the California Elections Code, it is the City’s desire that the General Municipal Election be consolidated with the Statewide General Election to be held on the same d ate and that within the City the precincts, polling places and election officers of the two elections be the same, and that the Kern County Election Department canvass the returns of the General Municipal Election and that the election be held in all respe cts as if there were only one election , and,
WHEREAS, the City of Bakersfield acknowledges t hat the consolidated election will be held and conducted in the manner prescribed in the California Elections Code Section 10418.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows:
SECTION 1. That pursuant to the requirements of Section 10403 of the California Elections Code, the Board of Supervisors of the County of Kern is hereby requested to consent and agree to the consolid ation of a General Municipal Election with the Statewide General Election, on Tuesday, November 3, 2026, for the purpose of electing Members of the City Council for Wards 1, 3, 4 and 7 for the full term of four years which ends November 2030.
SECTION 2. That the Board of Supervisors is requested to issue instruction to the County Election Department to take any and all steps necessary for the holding the consolidated election. The election shall be held in all respects as if there were only one election.
2 SECTION 3. That the Board of Supervisors of Kern County is further requested to cause the list of candidates for Wards 1, 3, 4 , and 7 of the City of Bakersfield to be printed upon each of the ballots to be used in the City of Bakersfield at said General Municipal Election. Said Board is further requested to cause to be set forth said office on all sample ballots relating to the City election called and consolidated, and to mail to the qualified electors within the City said sample ballots and voter’s pamphlets, all in the time and in the form required by law.
SECTION 4. That the polls for the election shall be open at seven o’clock a.m. of the day of the election and shall remain open continuously from that time until eight o’clock p.m. of the same day when the polls shall be closed, except as provided in Section 14401 of the California Elections Code.
SECTION 5. That the Board of Supervisors of the County of Kern is hereby authorized to canvass, or cause to be canvassed , the returns of said General Municipal Election , to certify such canvass of the votes so cast and provide a “Statement of Election Results” to the City Clerk.
SECTION 6. The City Clerk is hereby authorized and directed to certify the adoption of this resolution, transmit an d file it with the Board of Supervisors and the County Elections Department of the County of Kern.
SECTION 7. That the City of Bakersfield recognizes that additional costs will be incurred by the County and shall reimburse the County for services perfo rmed when the work is completed and upon presentation to the City of a properly approved bill.
SECTION 8. The City Clerk is hereby authorized and directed to give all notices and perform all advertising as required by law and perform, or cause to be performed, all the duties and functions in the conduct of the election as required by State law.
----------o0o----------
3 I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on ______________ by the following vote:
AYES: COUNCILMEMBER ARIAS, GONZALES, WEIR, SMITH, KOMAN, BASHIRTASH, KAUR NOES: COUNCILMEMBER _______________________________________________________________ ABSTAIN: COUNCILMEMBER _______________________________________________________________ ABSENT: COUNCILMEMBER _______________________________________________________________
________________________________
JULIE DRIMAKIS, MMC
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED _________________
By _________________________
KAREN GOH
Mayor
APPROVED AS TO FORM:
By _______________________
VIRGINIA GENNARO
City Attorney
S:\Election\RESOLUTIONS\2026\CALLING WARDS 1 3 4 7 GENERAL NOV 3.doc
E L E C T I O N C A L E N D A R
GENERAL MUNICIPAL ELECTION
COUNCIL WARD NOS. 1,3,4 & 7
NOVEMBER 3, 2026
ELECTION CODE PROVISIONS DATES
1. City Council Meeting adopting Resolution calling election requesting Kern County to conduct. (E.C. §10402, §10403)
June 10, 2026
2. Publication of Notice of Election
(Publish one time. (G.C .§6061, E.C. §10242, §12101, §12102, §12109)
Not earlier than 127th day prior to election
Not later than 113th day prior to election
June 29, 2026
July 13, 2026
3. First day to file Nomination Papers
Requires no less than 20 nor more than 30 signatures.
(E.C. §10220, §10224, §10407- 113th day prior to Election) July 13, 2026
4. Last day to submit Resolution to County Board of Supervisors and County Clerk calling election and requesting consolidation
(E.C. §10403)
August 07, 2026
5. Last day to file Nomination Papers and Candidate Statements. Must be filed concurrently. (E.C. §10220, §10224, §10407, §13307 – 88th day prior to Election) August 07, 2026
6. Last day for candidates to withdraw his/her Nomination papers, excluding extended filing period. (E.C. §10224)
August 08, 2026
7. Last day to withdraw Candidate’s Statement. May not be altered or changed once filed. (E.C. §13307, §13311)
August 08, 2026
8. First day of extension period for Nomination Papers to be filed. (Applicable only for Non-incumbent, when the incumbent does not file by the deadline (E.C. §10225, §10407)
August 08, 2026
9. Last day to file Nomination Papers and Candidate Statements under the extension period provision. Must be filed concurrently (E.C. §10224, §10225 – 83rd day prior to Election)
August 12, 2026
10. Last day for candidates to withdraw his/her Nomination papers filed under the extension period provision (E.C. §10225)
August 13, 2026
11. Last day to withdraw Candidates’ Statement filed under the extension period provision (E.C. §13307)
August 13, 2026
12. Randomized Alphabet Drawing by Secretary of State (E.C. §13112, §13113 – 82nd day prior to Election)
August 13, 2026
13. Last day for City Clerk to certify and file with Kern County the List of Candidates (G.C. §6066, E.C. §10403 – 81st day prior to Election) August 14, 2026
14. First day filing period for Write-In Candidates,( E.C.§8600-8604, §10103, §10220) September 07, 2026
15. First Pre-Election Campaign Statement due to City Clerk (Filing Officer) * September 24, 2026
ELECTION CALENDAR
NOVEMBER 3, 2026
WARDS 1, 3, 4 & 7
PAGE -2 -
16. Publication of List of Nominees as they shall appear on the ballot (Publish once a week, for two successive weeks, and no later than the 7th day prior to Election. G.C. §6066, E.C.§12110)
October 20, 2026
October 27, 2026
17. Last day to Register to Vote for the November election. October 19, 2026
18. Last day to file as a Write-in Candidate and file Nomination Petitions (E.C.§8600-8604, §10103, §10220)
October 20, 2026
19. Second Pre-Election Campaign Statement due to City Clerk * October 22, 2026
20. ELECTION DAY November 3, 2026
21. Kern County to Canvass Election Returns (E.C. §10411, §10262(b), §10263(b), §15372)
November 4, 2026-
December 3, 2026
22. Swearing in Ceremony of newly elected Councilmembers December 16, 2026
06/05/26
S:\Election\CALENDAR\2026\Nov 3 Wards 1, 3, 4, 7.docx
ADMINISTRATIVE REPORT
MEETING DATE: June 10, 2026 AGENDA CATEGORY: Consent - Resolutions TO: Honorable Mayor and City Council
FROM: Jennifer M. Byers, Economic and Community Development Director DATE: May 7, 2026
SUBJECT: Resolution Authorizing the Encumbrance of the Project Property located at 2310 Wible Road to participate in the Behavioral Health Continuum of Care Infrastructure Program (BHCIP) (Ward 1)
RECOMMENDATION:
Staff recommends adoption of the resolution.
BACKGROUND:
In October 2024, the City of Bakersfield applied for the Behavioral Health Continuum Infrastructure Program (BHCIP) that was established by the California Department of Health Care Services with the goal of supporting the construction, acquisition, and overall expansion of crisis infrastructure related to Behavioral Health.
In May 2026, the City, in partnership with Kern County Behavioral Health and Recovery Services (KBHRS), was conditionally awarded $22,867,345 in BHCIP grant funds to establish a new residential treatment facility with a focus on behavioral health and substance abuse. As part of the proposed project, the City will acquire and rehabilitate the former hotel located at 2310 Wible Road and KBHRS will administer the operational portion of the project.
The proposed project is subject to all BHCIP guidelines, one of which requires the City to encumber the property by recording a Regulatory Agreement, Declaration of Restrictions and Performance Deed of Trust. This requirement must be fulfilled before the State can release grant funds to the City. This resolution authorizes the City to encumber the property as outlined in the BHCIP Program guidelines and gives the Mayor, or designee, the authority to execute the Regulatory Agreement, Declaration of Restrictions, and Performance Deed of Trust.
FISCAL IMPACT:
The project is funded through a grant with the California Department of Health Care Services, as well as match funds from the Opioid Settlement. There is no impact to the City General Fund.
COUNCIL GOAL:
Safety and Resilience
Economic Opportunity for All
Innovative and Efficient City Government
ATTACHMENT:
Resolution
- Page 1 of 3 Pages –
RESOLUTION NO. ______________
A RESOLUTION OF THE COUNCIL OF THE CITY OF
BAKERSFIELD A UTHORIZING THE ENCUMBRANCE OF
PROJECT PROPERTY TO PARTICIPATE IN THE BEHAVIORAL
HEALTH CONTINUUM OF CARE INFRASTRUCTURE
PROGRAM (“BHCIP”).
WHEREAS, the California Department of Health Care Services, through its contractor, Advocates for Human Potential, Inc. (“AHP” or “Department” herein), issued a Request for Applications dated July 15, 2024 (“RFA”), for the BHCIP Round 1 (2024) Launch Ready Program (“Program”). The Department has issued the RFA for Program grant funds pursuant to California Welfare and Institutions Code sections 5965-5967.01 (“Behavioral Health Infrastructure Bond Act of 2024”); and
WHEREAS, on October 7, 2024, the City of Bakersfield (“Applicant” herein), a charter city and municipal corporation, applied for Program grant funds by submitting an application to the Department for review and consideration; and WHEREAS, on May 6, 2025, the Applicant was conditionally awarded $22,867,345 in Behavioral Health Continuum of Care Infrastructure Program (BHCIP) grant funds from California Department of Health Care Services, through its contractor, Advocates for Human Potential, Inc.; and
WHEREAS, the Department is authorized to administer BHCIP pursuant to California Welfare and Institutions Code Section 5960-5960.4, as amended by the Behavioral Health Infrastructure Bond Act of 2024. Program funding allocations are subject to the terms and conditions of the RFA, the Application, the Program Funding Agreement between Applicant and AHP (“Program Funding Agreement” herein), and all other legal requirements of the Program; and
WHEREAS, Applicant desires to authorize the Department to encumber the real property located at 2310 Wible Road, Bakersfield, CA 93304 (“Project Property” herein), as more particularly described in the Program Funding Agreement, by recording a Declaration of Restrictions, as required for the release of Program grant funds to Applicant, pursuant to the Program requirements.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows:
1. Department is authorized and directed to administer BHCIP pursuant to California Welfare and Institutions Code Section 5960-5960.4, as amended by the Behavioral Health Infrastructure Bond Act of 2024. Program funding allocations are subject to the terms and conditions of the RFA, the
- Page 2 of 3 Pages –
Application, the Program Funding Agreement between Applicant and AHP, and all other legal requirements of the Program.
2. Applicant acknowledges and agrees that it shall be subject to the terms and conditions specified in the Program Funding Agreement. Any and all activities, expenditures, and information represented in the Application are enforceable through the Program Funding Agreement. Funds are to be used for the allowable expenditures and activities identified in the Program Funding Agreement.
3. The Mayor or designee is authorized to execute the Declaration of Restrictions to be recorded against the Project Property in the official records where the Project Property is located prior to the Department disbursing Program grant funds to Applicant.
----------o0o---------
I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on _____________________ by the following vote:
AYES: COUNCILMEMBER: ARIAS, GONZALES, WEIR, SMITH, KOMAN, BASHIRTASH, KAUR NOES: COUNCILMEMBER:
ABSTAIN: COUNCILMEMBER:
ABSENT: COUNCILMEMBER:
__________________________________________
JULIE DRIMAKIS, CPMC, MMC
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED _________________
By: _______________________________
KAREN GOH
Mayor
APPROVED AS TO FORM:
City Attorney: ____________________________
VIRGINIA GENNARO
- Page 3 of 3 Pages –
The undersigned, Karen Goh, Mayor of Applicant, does hereby attest and certify that the foregoing is a true and full copy of a resolution of the Corporation’s governing body adopted at a duly convened meeting on the date above - mentioned, and that the resolution has not been altered, amended, or repealed.
SIGNATURE: ________________________ DATE: _____________________
NAME: _____________________________ TITLE: _____________________
ADMINISTRATIVE REPORT
MEETING DATE: June 10, 2026 AGENDA CATEGORY: Consent - Resolutions TO: Honorable Mayor and City Council
FROM: Zachary Meyer, Public Works Director
DATE: June 10, 2026
SUBJECT: Resolutions establishing the Fiscal Year 2026-27 refuse and recycling rates and authorizing collection by the Kern County Auditor-Controller’s Office:
1. Resolution providing for the collection of residential and commercial refuse and recycling charges by the Kern County Auditor-Controller’s Office for FY 2026-27 (CPI Adjustments Only).
2. Resolution providing for the collection of delinquent refuse charges by the Kern County Auditor- Controller’s Office.
RECOMMENDATION:
Staff recommends adoption of the resolutions.
BACKGROUND:
Annual fees for residential refuse rates are billed on the Kern County property tax roll each fiscal year.
Also, new accounts added throughout the year are billed pro -rata by the City until the start of the next fiscal year. Some of these bills remain unpa id and become delinquent, and therefore get placed on the tax roll to be collected with the Fiscal Year 2026-2027 (FY 26/27) charges.
The current rates are based on a rate study and Proposition 218 ( also referred to as Prop 218) process approved by the City Council in 2022. Specifically, on March 16, 2022, City Council approved proposed refuse and recycling rate increases over a five-year period and authorized City staff to mail the requisite Prop 218 notices to rate payers. At the June 1, 2022 City Co uncil meeting, following a public hearing, Council adopted Resolution No. 091-2022 that adopted increases to refuse and recycling rates for FY22/23 through FY 26/27, including increases effective each July 1 based on the Consumer Price Index (CPI), as allowed by Prop 218. Accordingly, current rates for FY 26/27 are increasing by CPI Only per the prior Prop 218 process and Council Resolution No. 091-2022.
In order for the County to continue collecting the updated annual rates effective July 1, the County requires annual resolutions from the City Council affirming the applicable rates and authorizing placement on the tax roll.
Subject 1: This resolution authorizes the collection of the updated FY 26/27 refuse and recycling charges by the Kern County Auditor-Controller’s Office on the property tax bill. This method is the most efficient means of collecting the flat per -household fees, as it combines mailing and payment functions into one.
The applicable rates for single -family dwelling rates will increase from $295 per unit to $ 304, multiple family dwelling (up to four units) rates from $267 per unit to $275, and commercial rates by 3% percent.
These rate increases reflect CPI adjustments only for the new fiscal year, as set forth and approved by City Council as part of its 5 -year Prop 218 process referenced above. Bakersfield’s rates will remain among the lowest of comparable cities.
Subject 2: This resolution transfers the task of collecting delinquent pro-rata charges to the Kern County Auditor-Controller’s Office as a one-time billing on the tax roll, where delinquent fees are remitted to the City as taxes are paid. Out of approximately $211,161.63 billed for prorated refuse service to new properties throughout the year, $14,233.00 remains delinquent from the prior year. City staff proposes to place these delinquent charges on the Fiscal Year 2026-27 property tax roll.
FISCAL IMPACT:
These charges are for services already rendered at fee levels previously set by City Council; therefore, there is no impact on the General Fund. Applicable rates do not exceed the estimated costs for service.
COUNCIL GOAL:
Economic Opportunity for All
Reliable Infrastructure
ATTACHMENTS:
1. Resolution – Collection of FY 26/27 Refuse Rates
a. Exhibit A – Refuse Rate Sheet
b. Exhibit B – Rate Code Schedule
2. Resolution – Collection of Delinquent Charges
a. Exhibit A – Delinquent Refuse Charges
- Page 1 of 2 Pages -
RESOLUTION NO.
RESOLUTION PROVIDING FOR THE COLLECTION OF
RESIDENTIAL AND COMMERCIAL REFUSE AND
RECYCLING CHARGES BY THE KERN COUNTY AUDITOR -
CONTROLLER’S OFFICE FOR FISCAL YEAR 26/27
WHEREAS, Chapter 8.32 of the Bakersfield Municipal Code provides for the billing of refuse service fees and collection of such charges on the tax roll; and
WHEREAS, on June 1, 2022, the City Council adopted Resolution No. 091 -2022, establishing residential and commercial refuse and recycling rates for a five-year period effective Fiscal Year 22/23 through Fiscal Year 26/27, in accordance with the notice and public hea ring requirements of Proposition 218 (“Prop 218”); and
WHEREAS, as memorialized in Resolution No. 091-2022, the Prop 218 public hearing was properly noticed and advertised in the Bakersfield Californian, a newspaper of general circulation, in which all persons interested in or objecting to the proposed rate increases could be heard prior to their adoption; and
WHEREAS, the rates approved and adopted by the City Council via Resolution No. 091- 2022 are adjusted annually based on the Consumer Price Index (CPI) effective each July 1; and
WHEREAS, the City has calculated the annual rates for residential and commercial refuse and recycling collection fees and service charges for Fiscal Year 26/27 in accordance with the rates established by the City Council; and
WHEREAS, the updated fees and charges for Fiscal Year 26/27 set forth in Exhibit “A”, attached hereto and incorporated by reference, do not exceed the reasonable estimated cost of providing the services for which the fees are charged; and
WHEREAS, the City finds that it is necessary and appropriate for the Fiscal Year 26/27 rates to be placed on the tax roll for collection, and authorizes said rates to be collected by the Kern County Tax Collector in accordance with this Resolution and the rate codes set forth in Exhibit “B”, attached hereto and incorporated herein; and
WHEREAS, the adoption of solid waste increases is exempt from the California Environmental Quality Act (CEQA) under the California Public Resources Code Section 21080(b)(8).
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows:
1. The above recitals and findings are true and correct and are incorporated herein by reference.
- Page 2 of 2 Pages -
2. The fees and charges set forth in Exhibit “A” are hereby adopted and shall become effective July 1, 2026.
3. The adoption of these fees and charges complies with Proposition 218 and Proposition
26. 4. Pursuant to the Bakersfield Municipal Code, the fees and charges herein shall be collected by the Kern County Tax Collector on the property tax rolls, as set forth in Exhibit “B”.
I HEREBY CERTIFY that the foregoing Resolution was passed and adopted, by the Council of the City of Bakersfield at a regular meeting thereof held on by the following vote:
AYES: COUNCILMEMBER ARIAS, GONZALES, WEIR, SMITH, KOMAN, BASHIRTASH, KAUR NOES: COUNCILMEMBER
ABSTAIN: COUNCILMEMBER
ABSENT: COUNCILMEMBER _
____________________________________________
JULIE DRIMAKIS, CPMC, MMC
CITY CLERK and Ex Officio 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
ATTACHMENTS: Exhibit A – FY26.27 Refuse & Recycling Rates Exhibit B – FY26.27 Rate Code Schedule
DISTRICT: CITY OF BAKERSFIELD, SOLID WASTE DIVISION
FUND #: 20110 PAGE: 1
SCHEDULE OF RATE CODES AND RATES
FOR TAX YEAR: 2026-2027
RATES INCLUDE AUDITOR-CONTROLLER'S CHARGE ______NO___________ (YES / NO) (I)nc / (A)dd
**NOTE** DISTRICTS CAN ASSIGN RATE CODES 02 THROUGH 98 (RATE CODES 00, 01 AND 99 ARE PREASSIGNED)
RATE CODE RATE DESCRIPTION OF RATE CODE
00 FLAT AMOUNT
01 $304.00 SINGLE FAMILY UNIT
MEMO 99 MINIMUM AMOUNT (DON'T USE ON DISK)
02 $550.08 MULTIPLE DWELLING -2 UNITS (ANNUALLY)
03 $825.12 MULTIPLE DWELLING -3 UNITS (ANNUALLY)
04 $1,100.16 MULTIPLE DWELLING -4UNITS (ANNUALLY)
05 $25.33 SINGLE FAMILY UNIT (MONTHLY)
06 $45.84 MULTIPLE DWELLING -2 UNITS (MONTHLY)
07 $68.76 MULTIPLE DWELLING -3 UNITS (MONTHLY)
08 $91.68 MULTIPLE DWELLING -4 UNITS (MONTHLY)
FORM: RTCD SCH A
COMMERCIAL Size
BIN SERVICE Cubic Yard (CY) 1 2 3 4 5 6
Refuse (Black/Tan) Bin Haul 1.5 CY $129.50 $175.92 $278.50 $388.49 $505.76 $632.80 County Gate Fee $23.31 $46.59 $69.89 $93.20 $116.49 $139.79 Total $152.81 $222.51 $348.40 $481.68 $622.26 $772.59
Refuse (Black/Tan) Bin Haul 2 CY $161.90 $219.86 $348.19 $484.97 $631.63 $789.16 County Gate Fee $31.06 $62.14 $93.20 $124.28 $155.33 $186.39 Total $192.96 $282.00 $441.39 $609.25 $786.96 $975.54
Refuse (Black/Tan) Bin Haul 3 CY $194.20 $263.87 $417.81 $584.67 $757.39 $945.14 County Gate Fee $46.59 $93.20 $139.79 $186.39 $232.98 $279.58 Total $240.79 $357.07 $557.60 $771.06 $990.37 $1,224.72 Organic (Green) Recycling Bin Haul 2 CY $161.90 $219.86 $348.19 $484.97 $631.63 $789.16 Organic Composting Fee $30.54 $61.09 $91.63 $122.18 $152.72 $183.26 Total $192.44 $280.95 $439.82 $607.14 $784.35 $972.42
Organic (Green) Recycling Bin Haul 3 CY $194.20 $263.87 $417.81 $581.48 $757.39 $945.49 Organic Composting Fee $50.28 $100.37 $150.85 $201.14 $251.42 $301.70 Total $244.48 $364.23 $568.66 $782.61 $1,008.81 $1,247.19 Mixed Recycling (Blue) Bin Haul 3 CY $194.20 $263.87 $417.81 $584.67 $757.39 $945.49 Mixed Recycling (Blue) Bin Haul 6 CY $242.75 $323.60 $508.21 $702.01 $908.11 $1,126.35
BIN RENTALS BIN REPLACEMENT RATES
Refuse Bin $30.01 Replacement Bin (3 CY Plastic) $1,033.00 Organics Bin $31.93 Replacement Bin (3 CY Metal) $1,136.30 Recycling Bin (3 CY) $19.48 Replacement Bin (6 CY Metal) $1,549.50 Recycling Bin (6 CY) $22.70
COMMERCIAL CARTS (max. 3 per site) SPECIAL EVENTS/ADDITIONAL SERVICES Large Refuse Cart Rental (Tan/Black) $2.72 Solid Waste Division Rate $125.15 Per Hour Large Refuse Cart (Tan/Black- 1 x per week)
$32.24 Unscheduled Cart Service $62.57 For Each Cart Serviced County Gate Fee $7.37 Unscheduled Bin Service $142.09 For Each Bin Serviced $42.33 Manual Bin/Cart Handling or
Locking Fee $12.31 Per Pickup
Small Refuse Cart Rental (Tan/Black) $2.72 Transportation of Container $125.15 Per Container Up to 3 Containers Small Refuse Cart (Tan/Black- 1 x per week) $32.24 Container Storage Fee $10.96 Per Day County Gate Fee $4.93 Service Restart Fee $62.57 Restart Fee to Return Containers $39.89 Organic Composting Fee $63.05 Per Ton
Organic Facility Gate Fee $63.05 Per Ton (For Commercial 2 Axel Vehicles & Above) Organic Cart Rental (Green) $2.72 Unscheduled Bulky Item Pickup $62.57 Organic Cart (Green- 1 x per week) $43.02
Organic Composting Fee $7.87 Wall Street Alley (WSA) Shared City Bins = 1 CY
53.61 WSA $44.00
WSA-G (Gate Fee) $13.05
Recycling Cart Rental (Blue) $2.72
Recycling Cart (Blue) Every Other Week PU $21.28 $57.05 $24.00
COMPACTOR SERVICES*
Compactors/Refuse $437.95 Per Haul
County Gate Fee $69.35 Per Ton
County Gate Fee (C&D Material Only) $95.65 Per Ton OPEN TOP ROLLOFF FOR RECYCLING One-Time Delivery $149.00
OPEN TOP ROLLOFF FOR REFUSE Gate Fee Varies
One-Time Delivery $149.00 Rental After 7 Days 10.96 Per Day Haul Per Load to Landfill $369.45
County Gate Fee $69.35 Per Ton
County Gate Fee (C&D Material Only) $95.65 Per Ton
Rental After 7 Days $10.96 Per Day
*Compactor must be serviced at least once every 28 days per BMC 8.32.140 and BMC 8.32.200.
SINGLE FAMILY DWELLING UNITS $304.00 Per Year $25.33 Per Month County Land-use/Unit for 1 to 4 Units Each $191.00 Per Year $15.92 Per Month MULTIFAMILY DWELLING UNITS $275.00 Per Year $22.92 Per Month County Land-use/Unit for 4 Units or Less $191.00 Per Year/Unit $15.92 Per Month County Land-use/Unit for 5 Units or More $152.00 Per Year/Unit $12.67 Per Month Unscheduled/Go-back Cart Service $62.57 Per Cart
Unscheduled Bulky Item Pickup $62.57 Per 2 Items
ADDITIONAL CART FEE* $150.00 Paid In Full Once Per Year by Resident, Separate From Normal Service Fee REPLACEMENT CART FEE $98.00 Per Cart (tan/black, green, or blue), No Courtesy/Free Replacements *Multifamily Dwelling Units are not eligible for an additional cart, only single family homes.
4.33 Average Number of Weeks Per Month (52/12) 64 Gallons = (2) 32-Gallon Cans or 1 Small Cart 202 Number of Gallons Per Cubic Yard (CY) 96 Gallons = (2) 32-Gallon Cans or 1 Large Cart
3.00% FY 2026-2027 Increase (City Commercial & Residential Fees) 128 Gallons = (4) 32-Gallon Cans or 2 Small Carts
3.12% FY 2026-2027 Increase (County Commercial & Residential Landfill and Gate Fees) 192 Gallons = 2 Large Carts
RESIDENTIAL SERVICES
NOTES
EXHIBIT "A"
COMMERCIAL SERVICES
NUMBER OF COLLECTIONS PER WEEK
NOTE: A premium rate to include the regular commercial bin service and the Solid Waste Division hourly rate will be applied to all services that require pushing and pulling of bins over 10 feet and/or requires drivers to back over 100 feet. The premium rate is the division hourly rate times the number of services per week times the average number of weeks per month (4.33). Bins with compacted material are charged THREE TIMES the standard bin rate.
COMMERCIAL BIN RENTALS
COMMERCIAL CART & SPECIAL EVENT SERVICES
COMPACTOR/ROLLOFF SERVICES
FY 2026-27
MONTHLY REFUSE & RECYCLING RATES
RESOLUTION NO.
RESOLUTION PROVIDING FOR THE COLLECTION OF
DELINQUENT REFUSE CHARGES BY THE KERN COUNTY
AUDITOR-CONTROLLER'S OFFICE.
WHEREAS, Chapter 8.32 of the Bakersfield Municipal Code provides for the billing of refuse service fees and collection on the tax roll; and
WHEREAS, said refuse services and special charges are billed by the City of Bakersfield Finance Department; and
WHEREAS, the City of Bakersfield has been unable to collect on certain delinquent accounts as shown in attached “Exhibit A ”, attached hereto and incorporated by reference herein.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows:
1. The above recitals and findings are true and correct and are incorporated herein by reference.
2. The Council of the City of Bakersfield transfers the function of collection of delinquent special refuse charges as set forth in “Exhibit A” attached hereto, to the Kern County Tax Collector pursuant to Chapter 8.32 of the Bakersfield Municipal Code to be billed at the time of billing of property taxes for Fiscal Year 2 6/27. The fees for services have been imposed in accordance with Proposition 218 (Article XIIID of the California Constitution) as adopted by the City Council.
o0o
I HEREBY CERTIFY that the foregoing Resolution was passed and adopted, by the Council of the City of Bakersfield at a regular meeting thereof held on by the following vote:
AYES: COUNCILMEMBER ARIAS, GONZALES, WEIR, SMITH, KOMAN, BASHIRTASH, KAUR NOES: COUNCILMEMBER
ABSTAIN: COUNCILMEMBER
ABSENT: COUNCILMEMBER _
JULIE DRIMAKIS, CPMC, MMC
CITY CLERK and Ex Officio 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
ATTACHMENTS: Exhibit A – FY25.26 Delinquent Exhibit A
FUND ATN ACTION CODE RATE CODE CITY CA AMOUNT
20127 53921110004 A 0 BAKERSFIELD CA 295.00$
20127 53156310004 A 0 BAKERSFIELD CA 295.00$
20127 53928137004 A 0 BAKERSFIELD CA 295.00$
20127 17378112000 A 0 BAKERSFIELD CA 295.00$
20127 53928138007 A 0 BAKERSFIELD CA 295.00$
20127 53440303008 A 0 BAKERSFIELD CA 295.00$
20127 54639010002 A 0 BAKERSFIELD CA 295.00$
20127 17379312007 A 0 BAKERSFIELD CA 295.00$
20127 17379402005 A 0 BAKERSFIELD CA 295.00$
20127 17379405004 A 0 BAKERSFIELD CA 295.00$
20127 17379407000 A 0 BAKERSFIELD CA 295.00$
20127 17379401002 A 0 BAKERSFIELD CA 295.00$
20127 17379313000 A 0 BAKERSFIELD CA 295.00$
20127 17379314003 A 0 BAKERSFIELD CA 295.00$
20127 17379315006 A 0 BAKERSFIELD CA 295.00$
20127 17379406007 A 0 BAKERSFIELD CA 295.00$
20127 17379404001 A 0 BAKERSFIELD CA 295.00$
20127 17379316009 A 0 BAKERSFIELD CA 295.00$
20127 17379403008 A 0 BAKERSFIELD CA 295.00$
20127 17379318005 A 0 BAKERSFIELD CA 295.00$
20127 17379311004 A 0 BAKERSFIELD CA 295.00$
20127 17379321003 A 0 BAKERSFIELD CA 295.00$
20127 17379322006 A 0 BAKERSFIELD CA 295.00$
20127 17379309009 A 0 BAKERSFIELD CA 295.00$
20127 17379320000 A 0 BAKERSFIELD CA 295.00$
20127 17379310001 A 0 BAKERSFIELD CA 295.00$
20127 17379319008 A 0 BAKERSFIELD CA 295.00$
20127 17379317002 A 0 BAKERSFIELD CA 295.00$
20127 17379502002 A 0 BAKERSFIELD CA 295.00$
20127 17379503005 A 0 BAKERSFIELD CA 295.00$
20127 53441101001 A 0 BAKERSFIELD CA 295.00$
20127 53441201008 A 0 BAKERSFIELD CA 295.00$
20127 54639008007 A 0 BAKERSFIELD CA 295.00$
20127 53441105003 A 0 BAKERSFIELD CA 295.00$
20127 54639006001 A 0 BAKERSFIELD CA 295.00$
20127 53441107009 A 0 BAKERSFIELD CA 295.00$
20127 17379308006 A 0 BAKERSFIELD CA 295.00$
20127 17379505001 A 0 BAKERSFIELD CA 295.00$
20127 17379504008 A 0 BAKERSFIELD CA 295.00$
20127 17379305007 A 0 BAKERSFIELD CA 295.00$
20127 17379306000 A 0 BAKERSFIELD CA 295.00$
20127 17379307003 A 0 BAKERSFIELD CA 295.00$
20127 18426026003 A 0 BAKERSFIELD CA 516.00$
20127 1219007004 A 0 BAKERSFIELD CA 516.00$
20127 43709207006 A 0 BAKERSFIELD CA 295.00$
20127 53502006003 A 0 BAKERSFIELD CA 516.00$
14,233.00$ Total
Exhibit A
City of Bakersfield Fiscal Year 2025-2026 Delinquent Refuse Charges Fund 20127
Collection on Fiscal Year 2026-2027 Tax Roll
ADMINISTRATIVE REPORT
MEETING DATE: June 10, 2026 AGENDA CATEGORY: Consent - Agreements TO: Honorable Mayor and City Council
FROM: Jennifer M. Byers, Economic and Community Development Director DATE: May 8, 2026
SUBJECT: Agreement with the Housing Authority of the County of Kern ($567,823.66) for Homeless Housing, Assistance and Prevention Round 5 (HHAP-5) Grant funds to provide Youth Rental Assistance services
RECOMMENDATION:
Staff recommends approval of the agreement.
BACKGROUND:
In July 2023, the State of California established the Homeless Housing, Assistance and Prevention Round 5 (HHAP-5) Program, administered by the California Department of Housing and Community Development. HHAP-5 is a one-time $1 billion block grant program that provides local jurisdictions with flexible funding to support ongoing efforts to prevent and end homelessness. Funds are allocated on a formula basis to Continuums of Care, large cities, and counties based on jurisdiction size and proportional share of the state’s homeless population.
The agreement before Council will award $567,823.66 in HHAP-5 funding to the Housing Authority of the County of Kern (Housing Authority) to provide Youth Rental Assistance services, including rapid rehousing and permanent supportive housing interventions for transitional age youth (defined as individuals ages 18 through 24) experiencing homelessness within the City of Bakersfield.
This project provides direct rental assistance to landlords on behalf of eligible youth experiencing homelessness, including funds for case management services to support participants in obtaining housing stability and long-term success. The agreement term will run from October 1, 2026 through December 31, 2027. During this period, the program is expected to serve approximately 40 transitional age youth.
Approval of this agreement will support the continuation of the Housing Authority’s youth-focused permanent supportive housing program, and the City’s ongoing efforts to address homelessness by promoting long-term housing stability in the City of Bakersfield.
FISCAL IMPACT:
Funded by the State Homeless Housing, Assistance & Prevention Round 5 (HHAP-5) grant funds.
Therefore, no impact to the City General Fund.
COUNCIL GOAL:
Safety and Resilience
ATTACHMENT:
Agreement
ADMINISTRATIVE REPORT
MEETING DATE: June 10, 2026 AGENDA CATEGORY: Consent - Agreements TO: Honorable Mayor and City Council
FROM: Matthew S. Collom, Deputy City Attorney
DATE: May 26, 2026
SUBJECT: Agreement with Duane Morris ($800,000)
for legal services through fiscal year 2026/2027 for water related cases
RECOMMENDATION:
Staff recommends approval of the Agreement
BACKGROUND:
Since 1999, the City Attorney’s Office (“CAO”) has outsourced water related case, issues, and matters to the law firm of Duane Morris, LLP with Partner Colin Pearce (“Duane Morris”) as the primary attorney.
These issues are highly specialized; as such, th e CAO believes it is in the City’s best interest to continue this relationship for fiscal year 2026/2027.
City’s prior agreement with Duane Morris, titled Agreement No. 2025 -085, was executed in 2025 and remained in effect until the conclusion of FY 202 5/2026. That Agreement described a flat fee of Eight Hundred Thousand Dollars ($800,000).
The Agreement currently before the Council, is also for a flat fee of Eight Hundred Thousand Dollars ($800,000) paid in monthly payments.
FISCAL IMPACT:
$800,000 over the course of one (1) fiscal year (2026/2027).
COUNCIL GOAL:
Innovative and Efficient City Government
ATTACHMENTS:
Agreement
ADMINISTRATIVE REPORT
MEETING DATE: June 10, 2026 AGENDA CATEGORY: Consent - Agreements TO: Honorable Mayor and City Council
FROM: Phillip Burns, Development Services Director
DATE: May 15, 2026
SUBJECT: Final Map and Improvement Agreement with JP Land Development, LLC Tract 7262 Phase 8.
Developer is requesting to enter into an agreement so the final map for Tract 7262 Phase 8 located northwest corner of Reliance Drive and Berkshire Road can be approved and recorded (Ward 7).
RECOMMENDATION:
Staff recommends approval of the Final Map and Improvement Agreement.
BACKGROUND:
Per Bakersfield Municipal Code Chapter 16, “Subdivisions," Tentative Tract Map 7262 was conditioned by the Planning Commission to require the construction of certain improvements within and adjacent to the tentative tract map, which include, but are not li mited to, streets, sewer, walls, and storm drain on or adjacent to the property being subdivided. If these improvements are not completed when the developer, JP Land Development, 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 impr ovements 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 r esponsibilities for onsite infrastructure improvements, which typically accompanies approval of the final map, is also included and recommended for approval.
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 7262-8 – Final Map
2. Tract 7262-8 – Improvement Agreement
3. Tract 7262-8 – Vicinity Map
4. Tract 7262-8 – Covenants
BERKSHIRE RD
M-3
R-1 R-1 R-2 R-2
WILD
ROGUE CT
WILLOWCREST
ST
GOLDSTONE DR
FIRE
OPAL DR
NEWHALL LN
SMOKY
QUARTZ DR
SKY
LAKES
AVE
ROCKLIN
WAY TWILIGHT
ST
SUNRISE
CREST ST
POWDERHORN
ST
HORSETAIL ST
DEEPWELL
AVE
SPARKLER WAY
WOODSFORD LN
COBALT
DR
SILVER
BIRCH AVE
TAHITIAN
PEARL DR
STAR
SAPPHIRE
DR
KETTLEROCKMOUNTAIN CT
HAWK CREEK DRBOX
MEADOW
AVE
TOYON CT
CLOUD
PEAK CT
INDIANPEAKSAVE
PINEBOROUGH
CT SLICKROCK DR
WILDERNESS DR
FOSS
RIDGE
CT
REDINGER
ST
OWLS
HEAD
CT
CABIN CREEK CT
PARK
HEATH
WAY
FIREBAUGH ST
DRIFT CREEK ST
SILVER
CITY
WAY
GORDONVALLEY
ST
TRAILPEAKWAY
HAZELNUT CT
PEDRICK
CT
BREWER CREEK DR
CONTINENTALDR
RAVEN PASS ST
CAMPHOR
CT
TWIN
OAKS
DR
ARC
DOME
AVE
BRIDGE
CREEK
AVE
ALDERPOINTEST
STEEPLE
ST
HENNESS CT
HIGH PEAKS DR
BOGGY
MEADOW
LN
ELKHORN ST
HOT
SPRINGS
LN
AMBERGROVEST
INDIAN GULCH ST
CEDAR
BRANCH
WAYWHITE
BIRCH
WAY
AMMOLITE
WAY
FALLEN
PINE WAY GOLD
COUNTRY
WAY LOST
CREEKST
LONEPEAK
DR
SUTTERS MILL ST
STARBRIGHT
DR
SILVER MOON
DR
BAYKIRK ST
FLATROCK DR
HANFORD DR
RIMRIDGE
WAY
FIREBAUGH ST
FROG MEADOW ST
CACTUS PATCH DR
QUAKINGASPENST
RELIANCEDR
ASHE RD
PANAMA LN
GO
SFORD RD
RELIANCE DR
PG&E GAS TRANSMISSION PIPELINE
R-1
R-1 R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-1
R-2
R-2
R-2
R-2
R-2
R-2
R-2
R-2
C-2/P.C.D.
M-1 C-2/P.C.D.
R-2
R-2/P.U.D.
M-1 C-2/P.C.D.
R-2
R-2
R-2
R-1
R-1
R-1
R-2
AM-1
R-1
R-1
R-1 R-1
R-1
R-1
R-1 R-1
R-1
C-2
R-1
R-1
R-1
R-1
R-1
R-1
R-1 (4.5)
M-2
R-1
R-1
R-1
Document Name: 2016_08_01
0 400 800
Feet
R-1
VESTING
TENTATIVE TRACT
7262
CITY OF BAKERSFIELD
COUNTY
CITY
R-1 One Family Dwelling
6,000 sq.ft. min lot size
R-1-4.5 One Family Dwelling
4,500 sq.ft. min lot size
E Estate
10,000 sq.ft. min lot size
R-S Residential Suburban
24,000 sq.ft./dwelling unit
R-S-( ) Residential Suburban
1, 2.5, 5 or 10 min lot size
R-2 Limited Multiple Family Dwelling
4,500 sq.ft. min lot size (single family)
6,000 sq.ft. min lot size (multifamily)
2,500 sq.ft. lot area/dwelling unit
R-3 Multiple Family Dwelling
6,000 sq.ft. min lot size
1,250 sq.ft. lot area/dwelling unit
R-4 High Density Multiple Family Dwelling
6,000 sq.ft. min lot size
600 sq.ft. lot area/dwelling unit
R-H Residential Holding
20 acre min lot size
A Agriculture
6,000 sq.ft. min lot size
A-20A Agriculture
20 acre min lot size
PUD Planned Unit Development
TT Travel Trailer Park
MH Mobilehome
C-O Professional and Administrative Office
C-1 Neighborhood Commercial
C-2 Regional Commercial
C-C Commercial Center
C-B Central Business
PCD Planned Commercial Development
M-1 Light Manufacturing
M-2 General Manufacturing
M-3 Heavy Industrial
P Automobile Parking
RE Recreation
Ch Church Overlay
OS Open Space
HOSP Hospital Overlay
AD Architectural Design Overlay
FP-P Floodplain Primary
FP-S Floodplain Secondary
AA Airport Approach
DI Drilling Island
PE Petroleum Extraction Combining
SC Senior Citizen Overlay
HD Hillside Development Combining
WM- West Ming Specific Plan
LEGEND
(ZONE DISTRICTS)
ADMINISTRATIVE REPORT
MEETING DATE: June 10, 2026 AGENDA CATEGORY: Consent - Agreement TO: Honorable Mayor and City Council
FROM: Zachary Meyer, Public Works Director
DATE: May 12, 2026
SUBJECT: Amendment No. 1 to Agreement No. PW24-012 with Ordiz-Melby Architects, Inc. (increasing compensation $500,000; revised not to exceed $515,000) for Design Consultant Services of the Project Calm Horizons Facility Improvements
RECOMMENDATION:
Staff recommends approval of the amendment
BACKGROUND:
On November 20, 2024, the City Council adopted Resolution No. 167 -2024, authorizing the City to apply for and participate in the Behavioral Health Continuum Infrastructure Program (BHCIP). The BHCIP Grant aims to fund projects that significantly expand access to care for Californians experiencing mental health conditions and substance use disorders.
In partnership with Kern County Behavioral Health, the City applied for BHCIP funding and received a conditional award of $22,876,345 to acquire and develop a new residential behavioral health and substance abuse treatment facility at 2310 Wible Road, to be known as Calm Horizons.
On December 6, 2024, the City entered into a Design Consultant Agreement with Ordiz-Melby Architects, Inc. to provide initial design and engineering services for the Calm Horizons project. These design services supported the City’s successful BHCIP grant application.
Under the City’s BHCIP Program Funding Agreement with the State, the City is now required to complete additional design work, expanding the Scope of Work to include full site plans and architectural consultation necessary for project approval. Ordiz -Melby Architects, Inc. has s ubmitted an updated proposal to provide these expanded design services, which include Schematic Design, Design Development, Construction Document, Bidding, and Construction Administration Phases. The expanded scope adds an additional $500,000 to the contract and extends the term from December 31, 2026, to June 30, 2028 . Approval of this amendment will allow Ordiz -Melby Architects, Inc. to provide the design services needed to move the Calm Horizons project through the remaining design and construction phases.
FISCAL IMPACT:
There is no fiscal impact to the General Fund. The $500,000 will be provided from Opioid Settlement Funds.
COUNCIL GOAL:
Community Character & Quality of Life
Safety and Resilience
ATTACHMENTS:
Amendment
ADMINISTRATIVE REPORT
MEETING DATE: June 10, 2026 AGENDA CATEGORY: Consent - PSVS TO: Honorable Mayor and City Council
FROM: Brent Stratton, Chief of Police
DATE: May 19, 2026
SUBJECT: Amendment 3 to Agreement No. 2024-070 with Serological Research Institute ($40,000; not to exceed $180,000 and extend the term date to June 30, 2027) for continued DNA services.
RECOMMENDATION:
Staff recommends approval of this amendment
BACKGROUND:
The City has historically relied on the Kern Regional Crime Lab (KRCL) for DNA testing services. Due to KRCL’s limitations, specifically its limited range of DNA testing options and its inability to expedite testing results for urgent investigations, the City sought an alternative provider.
Serological Research Institute was selected for its ability to provide essential forensic services, including expedited turnaround times and expert testimony for cases requiring additional forensic analysis.
On January 3, 2024, the City entered into Agreement No. PD24-002 with Serological Research Institute for forensic evidence collection and examination services related to ongoing cases with the Bakersfield Police Department with a total compensation of $40,000, and a term date of January 3, 2025.
On March 13, 2024, the City amended Agreement No. PD24-002 and entered into Agreement No. 2024- 070, increasing compensation by $60,000, for a new not to exceed amount of $100,000.
On December 18, 2024, the City entered into Amendment 1 to Agreement No. 2024 -070, extending the term date to January 3, 2026.
On August 27, 2025, the City entered into Amendment 2 to Agreement No. 2024-070, to increase the compensation by $40,000, for a new not to exceed amount of $140,000 and extended the term date to June 30, 2026.
Due to the continued need for DNA testing services and the successful performance of Serological Research Institute, including improved turnaround times and support for case investigations, the City now seeks to increase compensation by $40,000 for a new not to exceed amount of $180,000 and extend the term date to June 30, 2027, to continue DNA testing services.
FISCAL IMPACT:
Funding for this agreement is within the Police Departments Fiscal Year 2025-26 Budget.
COUNCIL GOAL:
Safety and Resilience
ATTACHMENTS:
1. Amendment 3 to Agreement No. 2024-070
Docusign Envelope ID: 0922B941-B4D9-8557-8207-7EA42D49EB99 Docusign Envelope ID: 0922B941-B4D9-8557-8207-7EA42D49EB99
Docusign Envelope ID: 0922B941-B4D9-8557-8207-7EA42D49EB99 Docusign Envelope ID: 0922B941-B4D9-8557-8207-7EA42D49EB99 Docusign Envelope ID: 0922B941-B4D9-8557-8207-7EA42D49EB99 Docusign Envelope ID: 0922B941-B4D9-8557-8207-7EA42D49EB99 Docusign Envelope ID: 0922B941-B4D9-8557-8207-7EA42D49EB99
ADMINISTRATIVE REPORT
MEETING DATE: June 10, 2026 AGENDA CATEGORY: Consent - Agreements TO: Honorable Mayor and City Council
FROM: Zachary Meyer, Public Works Director
DATE: June 10, 2026
SUBJECT: Amendment No. 1 to Agreement No. 2023-189
with HPS Mechanical, Inc. (increasing compensation by $500,000; revised not to exceed $1,000,000) for On-Call Construction Services.
RECOMMENDATION:
Staff recommends approval of amendment.
BACKGROUND:
On August 9, 2023, City of Bakersfield entered into an agreement with HPS Mechanical, Inc., to provide maintenance of multiple City of Bakersfield facilities water and gas supply lines, water heaters, dishwashers, garbage disposals, refrigerator hookups, shower pans, repair of faucets, valves, escutcheons, fittings, drain traps, P -traps, clean -outs, and 24 hour plumbing services for after hour plumbing emergencies.
Amendment No. 1 to Agreement No. 2023-189 will increase the compensation by Five Hundred Thousand Dollars ($500,000) with a new not to exceed One Million Dollars ($1,000,000). The term will not be changed at this time.
FISCAL IMPACT:
Funding for this agreement will be paid through individual project budgets with varying funding sources and has been budgeted in the Fiscal Year 2025-26 and subsequent budget years.
COUNCIL GOAL:
Reliable Infrastructure
ATTACHMENTS:
Amendment
ADMINISTRATIVE REPORT
MEETING DATE: June 10, 2026 AGENDA CATEGORY: Consent – Agreements TO: Honorable Mayor and City Council
FROM: Randy McKeegan
DATE: May 21, 2026
SUBJECT: Amendment No. 1 to Agreement No. 2025-094 with Granite Construction Company (incorporate approved contract price increase of five percent (5%), increase compensation by $6,400,000; revised not to exceed $17,400,000 and extend the term by one year) to continue the supply of street materials.
RECOMMENDATION:
Staff recommend approval of the amendment.
BACKGROUND:
On June 11, 2025, the City Council approved the annual contract for the supply of street materials with Granite Construction Company, in the amount of $11,000,000; renewable annually thereafter for four consecutive one -year periods. The City may exercise t he option to allow price adjustments based on fluctuations in fuel prices, labor expenses and other market -driven operational cost increases in accordance with the original bid specifications. This contract is primarily utilized by the Streets Division within the Public Works Department.
Granite Construction Company has agreed to extend its bid pricing with a five percent (5%) contract price increase, consistent with increases in fuel cost, labor expenses and other market-driven operational cost.
Staff have previously reviewed and approved the request in full accordance with the terms and conditions of the original bid specifications.
Staff recommend approval of Amendment No. 1 to incorporate a five percent (5%) increase to the contract price, extend the contract term by one year, and increase total compensation by $6,400,000 to allow the continued supply of street materials through June 10, 2027.
FISCAL IMPACT:
Funds are budgeted in the Capital Outlay and General Fund for this contract.
COUNCIL GOAL:
Reliable Infrastructure
ATTACHMENTS:
1. Amendment No. 1 to Agreement No. 2025-094
2. EXHIBIT A
ITEM DESCRIPTION QUANTITY UOM UNIT PRICE EXTENDED
PRICE
5% Contract
Price
Adjustment
Amount
New Unit Price
(approved by
Council on
6/10/26)
New Extended Price
1 Type B HMA, Size 3/8 inch (3/8”)
aggregate
To be picked up by the City
20,000 TONS 65.25 1,305,000.00 3.26 68.51 1,370,250.00
2 Type B HMA, Size 1/2 inch (1/2”)
aggregate
To be picked up by the City
60,000 TONS 63.50 3,810,000.00 3.18 66.68 4,000,500.00
3 Type B HMA, Size 3/4 inch (3/4”)
aggregate
To be picked up by the City
55,000 TONS 60.25 3,313,750.00 3.01 63.26 3,479,437.50
4 Sheet Asphalt
To be picked up by the City 50 TONS 73.00 3,650.00 3.65 76.65 3,832.50 5 Asphalt Fiber Additive – Cost per
pound at a rate of 1lb per ton of
HMA
15,000 POUNDS 12.00 180,000.00 0.60 12.60 189,000.00
6 Plant Mix SC800 or SC3000/3/8
Cold Mix
To be delivered by Supplier as
directed
100 TONS 73.00 7,300.00 3.65 76.65 7,665.00
7 Class 2 Aggregate Base 3/4 inch
(3/4”) maximum. To be delivered
to stockpile at 4101 Truxtun
Avenue, sandpit stockpile at Watts
Drive & Cottonwood Road or other
City locations as needed
14,000 TONS 13.00 182,000.00 0.65 13.65 191,100.00
8 Oil Sand
To be delivered to various City
locations
15,000 TONS 73.00 1,095,000.00 3.65 76.65 1,149,750.00
10,391,535.00
857,301.64
8 Flat fee charge for product
availability Monday through Friday
between the hours 10:00 p.m. –
6:00 a.m.
50 OCCURRENCES 0.00 0.00 0.00 0.00 -
9 Flat fee charge for product
availability on Saturday 50 OCCURRENCES 0.00 0.00 0.00 0.00 - TOTAL ANNUAL ESTIMATE: 11,248,836.64$
SUBTOTAL
CA SALES TAX (8.25%)
Annual Contract for Street Materials
BID NO. 24-25-44
Granite Construction
Bakersfield, CA
5% Price Adjustment approved by the Purchasing
Officer. Effective 6/11/2026 to 6/10/2027
EXHIBIT A
ADMINISTRATIVE REPORT
MEETING DATE: June 10, 2026 AGENDA CATEGORY: Consent - Agreements TO: Honorable Mayor and City Council
FROM: Kristina Budak, Water Director
DATE: May 27, 2026
SUBJECT: Amendment No. 2 to Agreement No. 2025-164 with Willdan Energy Solutions (increase compensation by $503,140; revised not to exceed $847,380) to allow for the procurement and safe harbor of a photovoltaic system for the Water Department solar project.
RECOMMENDATION:
Staff recommends approval of the amendment.
BACKGROUND:
On August 27, 2025, the City and Willdan entered into Agreement No. 2025-164 whereby Willdan agreed to, among other things, conduct an investment grade energy audit to identify energy savings, as well as provide support for the installation of a photovoltaic (PV) system and battery energy storage system (BESS) at the Water Resources Building.
Following the execution of Agreement No. 2025-164, changes to federal law triggered the expiration of the Solar Investment Tax Credit (ITC), which necessitated the purchase of certain battery materials prior to December 31, 2025, to fully capture and realize anticipated savings. On Novembe r 19, 2025, Amendment No. 1 allowed Willdan to procure BESS materials and equipment prior to December 31, 2025, thus securing the ITC savings. Amendment No. 1 involved a lump sum payment, not to exceed $344,240.
Similarly, the PV system requires procurement and safe harbor by July 3, 2026, to adequately capture ITC incentives for the PV system . This proposed amendment enables Willdan to procure the necessary materials and equipment for the PV system prior to the July 3 deadline. In doing so, this will allow the City to secure 30-50% base credit incentives which, based on Rough Order of Magnitude cost estimates, can amount up to $1.96M in incentive dollars.
The proposed amendment will add a lump sum payment, not to exceed $503,140, which will allow for the order and procurement of the necessary materials and equipment prior to the safe harbor deadline. This addition brings the not-to-exceed total compensation to $847,380.
FISCAL IMPACT:
There is no impact to the General Fund associated with approval of this amendment. Sufficient funds are budgeted within the Domestic Capital Improvement Fund for this amendment and project.
COUNCIL GOAL:
Innovative and Efficient City Government
ATTACHMENTS:
Amendment No. 2 to Agreement No. 2025-164
ADMINISTRATIVE REPORT
MEETING DATE: June 10, 2026 AGENDA CATEGORY: Consent - Agreements TO: Honorable Mayor and City Council
FROM: Kristina Budak, Water Director
DATE: May 21, 2026
SUBJECT: Various Amendments to agreements for Granular Activated Carbon (GAC) changeouts services for the domestic water system FY 2026-27
1. Amendment No. 3 to Agreement No. 2023-155 with Aqueous Vets (extend term by one year; no additional compensation, no expansion of scope).
2. Amendment No. 4 to Agreement No. 2023-156 with Carbon Supply Inc (extend term by one year; no additional compensation, no expansion of scope)
RECOMMENDATION:
Staff recommend approval of amendments.
BACKGROUND:
The City of Bakersfield owns a domestic water system on the west side of Bakersfield. The system utilizes well head treatment consisting of a total of fifty -five (55) granular activated carbon (GAC) vessel pairs across multiple well sites. This treatment is required for the removal of the groundwater contaminant 1,2,3 – Tri chloropropane (“TCP”). From time to time, the GAC media becomes ineffective and is required to be removed and replaced with virgin GAC.
On June 28, 2023, the City entered into Agreement Nos. 2023-155 and 2023-156 with Aqueous Vets and Carbon Supply Inc (Carbon Supply), respectively, for GAC changeout services. Both were selected through a formal Request for Qualification and Proposal (RFQ&P) process.
Since the agreements were awarded, Aqueous Vets and Carbon Supply Inc have completed multiple GAC changeout services for the Water Resources Division. These agreements are set to expire on June 30, 2026. With these amendments, the Water Department now seeks a final one-year term extension to both contracts to June 30, 2027, to support ongoing needs. There will be no expansion of scope or increase in compensation associated with either amendment.
FISCAL IMPACT:
No additional compensation is being requested at this time, and existing funds are budgeted within the Domestic Water Fund for these services. Therefore, there is no impact to the General Fund associated with these amendments.
COUNCIL GOAL:
Reliable Infrastructure
ATTACHMENTS:
1. Amendment No.3 to Agreement No. 2023-155
2. Amendment No.4 to Agreement No. 2023-156
3. Exhibit A – RFQ&P
4. Aqueous Vets – Contractor Proposal and Fee Schedule
5. CSI – Contractor Proposal and Fee Schedule
S:\14 - CONTRACTS - AGREEMENTS\ON-CALL SERVICES\On-call GAC Changouts\FY 23.24\FY 23.24 GAC Changeouts - RFQ&P.docx Request for Qualifications & Proposal (RFQ&P)
Contracting Services for Granular Activated Carbon (GAC) Changeouts for City of Bakersfield, Domestic Water System
Fiscal Year 2023-2024
May 9, 2023
Companies wishing to be considered for this contract should thoroughly read this RFQ&P.
I. GENERAL DESCRIPTION AND REQUIREMENTS
The City of Bakersfield Water Resources Department (“City”) is seeking statement of qualifications and proposals in response to this RFQ&P from qualified granular activated carbon (“GAC”) media suppliers which are able to supply GAC media and perform GAC changeouts for the City’s Domestic Water System.
The services include, in general for each well site, removal of spent GAC, wash-down and disinfection of vessels, and delivery and installation of virgin GAC to vessels.
City owns several domestic water well sites equipped with adsorption vessels filled with GAC for removal of 1,2,3-trichloropropane (“TCP”). Currently, there are a total of 110 GAC vessels designated for TCP removal. This RFQ&P specifies the requirements for removal, manufacture, delivery, and installation, of GAC for the City’s Domestic Water System.
City plans to enter into a one (1) year agreement with one (1) or more qualified GAC suppliers (“Supplier”) which will provide the materials and services as described in this RFQ&P. The agreement(s) may be renewed annually for three (3) consecutive one-year periods at City’s option. Compensation to Supplier will be made by City under the agreement. Supplier shall have documented and extensive experience in manufacturing, supplying, and changing out GAC.
Supplier shall be responsible for compliance with all applicable Federal Laws; State of California laws including, but not limited to the Labor Code, Public Contract code, and Government code; and local laws.
City makes no representation as to the applicability or inapplicability of any laws regarding contracts, and especially the payment of prevailing wages thereunder. Supplier will not hold or seek to hold City liable for any failure by Supplier to comply with any such laws without regard to whether City knew, could have known, or should have known as to the necessity of such compliance.
Supplier shall be responsible for obtaining all permits required of Supplier to complete the scope of work as described in this RFQ&P.
For the purpose of this project, the following definitions shall apply:
• CITY is the City of Bakersfield, Water Resources Department. • PROPOSER is a firm which provides a submittal package in response to this RFQ&P. • SUPPLIER is the company selected by City to provide services under agreement as described in this RFQ&P and shall include Supplier’s subcontractors.
• LOCAL REGULATORY AGENCY refers to all Divisions and Departments of the City of Bakersfield that are charged with the oversight of this type of work. • STATE REGULATORY AGENCY refers to all State of California agencies that might have jurisdiction over the work.
• FEDERAL REGULATORY AGENCY refers to all United States of America federal agencies that might have jurisdiction over the work.
RFQ&P – Contracting Services for GAC Changeouts
City of Bakersfield, Domestic Water System Page 2 of 9
S:\14 - CONTRACTS - AGREEMENTS\ON-CALL SERVICES\On-call GAC Changouts\FY 23.24\FY 23.24 GAC Changeouts - RFQ&P.docx Only Proposers meeting the GAC requirements as specified in Section IV – GAC Specifications will be considered. Proposers not meeting the GAC requirements as specified in Section IV – GAC Specifications will be rejected.
II. DESCRIPTION OF TREATMENT SYSTEM
TCP-treated well sites have a minimum of one (1) treatment vessel, with most sites equipped with at least one (1) set of two (2) vessels (herein referenced as a “vessel pair”) operated in a series/lead-lag configuration. Several sites have multiple vessel pairs. Each individual vessel has a working GAC capacity of 714 cubic feet with a 25% bed expansion allowance for fluidization (initial backwash) of the GAC. Each vessel has a 4” Kamlock for GAC fill/discharge and a 2” Kamlock for potable water and air.
III. SERVICES TO BE PROVIDED BY SUPPLIER (SCOPE OF WORK) The scope of work outlined herein is to be used as a general guide and is not intended to be a complete list of all work necessary under the contract. Detailed specifications for GAC media and GAC changeout procedures to be provided by Supplier can be found in Section IV – GAC Specifications and Section V – GAC Removal, Delivery, and Installation, respectively.
A. Work to be performed by Supplier shall include, but is not limited to:
1. Removing spent GAC by slurry transfer from vessels to trailer;
2. Opening vessel manway hatches, performing vessel wash-down procedures, and allowing time for City or its designee to perform visual interior inspections of vessels;
3. Disinfecting vessels*;
4. Procuring virgin GAC;
5. Delivering virgin GAC to well site;
6. Installing virgin GAC by slurry transfer from trailer to vessels;
7. Fluidizing (initial backwash) of virgin GAC; and
8. Furnishing all labor, materials, tools, equipment, and GAC transportation. *Bacteriological testing shall be the responsibility of City or its designee.
B. Supplier shall be responsible for cleanup of all GAC and slurry spills that may occur during GAC transfer operations. Supplier shall keep site clean and tidy during entire changeout operations. All water used shall be discharged to the point designated by City or its designee; no discharges shall be permitted without the City's or its designee’s permission.
C. Supplier shall be responsible for all costs related to transporting virgin and spent GAC, including, but not limited to, fuel, trucks, trailers, permits, curb ramps/plates, and traffic control.
D. Supplier shall comply with all applicable regulatory requirements including, but not limited to, the following:
1. Occupational safety and health requirements of OSHA and Cal-OSHA.
2. U.S. Department of Transportation requirements for transportation of GAC.
3. Local air pollution control requirements regarding potential releases of chemicals or particulates during transfer of GAC to and from vessels.
Evidence (copies of permits, etc.) shall be provided if requested by City. Supplier shall obtain all necessary permits related to the delivery of the GAC at his own expense.
RFQ&P – Contracting Services for GAC Changeouts
City of Bakersfield, Domestic Water System Page 3 of 9
S:\14 - CONTRACTS - AGREEMENTS\ON-CALL SERVICES\On-call GAC Changouts\FY 23.24\FY 23.24 GAC Changeouts - RFQ&P.docx E. Supplier’s on-site normal working hours shall between 7:00 a.m. and 4:00 p.m. Under special circumstance and on approval by City shall supplier be allowed to work on site outside of normal working hours.
F. Supplier shall be capable of commencing the changeout process within ten (10) calendar days from receiving a request for changeout from City or its designee and shall complete the changeout process within ten (10) calendar days from commencing the changeout process.
G. State of California prevailing wage rates apply. All labor performed on City facilities shall be paid at said prevailing wage rates. Trucking and delivery labor is not required to be paid at prevailing wage rates.
IV. GAC SPECIFICATIONS
A. GAC shall be virgin material manufactured from coconut shells or bituminous coal only. Activation shall be carefully controlled to produce a material having a high internal surface area with optimum pore size for effective adsorption of TCP.
B. GAC mesh size shall be 12x30 or 12x40 per ASTM D2862 test method and shall have a maximum uniformity coefficient of 2.1.
C. GAC shall have a minimum Iodine No. of 1,000 mg/g per ASTM D4607 test method.
D. GAC physical size and density must be such that it flows easily within the transfer piping and must form a workable slurry with a concentration of approximately 0.21 kg of carbon per liter (2 pounds of carbon per gallon) of water.
E. GAC shall be ANSI/NSF-61 and ANSI/NSF-42 certified and shall be in compliance with AWWA B604 – Granular Activated Carbon and California Proposition 65 for drinking water (shall not contain any Proposition 65 chemicals).
F. GAC shall have properties such that each vessel loaded with virgin GAC contains a working GAC volume of 714 cubic feet following initial soaking and fluidization.
V. GAC REMOVAL, DELIVERY, AND INSTALLATION
Supplier shall perform GAC changeouts in accordance with the following and under the direct supervision of City or its designee. Under no circumstances shall supplier be allowed to perform changeout operations without the direct supervision of City or its designee.
A. A single GAC changeout is considered to be for one vessel pair which consists of removal of spent GAC and delivery and installation of virgin GAC for each vessel in the pair.
B. The general order of events are listed below:
1. Removal of spent GAC
2. Wash down and inspection of vessels
3. Disinfection of vessels
4. Bacteriological testing of vessels
5. Delivery and installation of GAC
6. Fluidization (initial backwash) of GAC
7. Bacteriological testing of GAC
8. Vessels placed into service
RFQ&P – Contracting Services for GAC Changeouts
City of Bakersfield, Domestic Water System Page 4 of 9
S:\14 - CONTRACTS - AGREEMENTS\ON-CALL SERVICES\On-call GAC Changouts\FY 23.24\FY 23.24 GAC Changeouts - RFQ&P.docx C. Supplier shall remove spent GAC from vessels by slurry transfer to trailer. Supplier shall become owner of spent GAC.
D. Supplier shall open vessel manway access hatches and wash out any remaining GAC in the vessels and allow for interior inspection by City or its designee.
E. Supplier shall remove existing vessel manway access hatch gaskets and shall furnish and install new gaskets for every changeout.
F. Supplier shall disinfect and dechlorinate the vessels in accordance with the latest editions of AWWA C653 – Disinfection of Water Treatment Plants and AWWA C655 – Field Dechlorination.
G. Supplier shall transport GAC in trailers used solely for the transport of GAC. Trailers shall be thoroughly cleaned prior to filling with GAC and shall be lined or constructed with materials suitable for transporting GAC that will be in contact with potable water.
H. Supplier shall submit weight tickets for the actual delivered GAC and pertinent lab testing information.
I. City or its designee shall direct Supplier as to where truck and trailer shall be parked. Supplier shall be responsible for providing traffic control and curb ramps/plates, if necessary.
J. Supplier shall install GAC by water slurry transfer from trailer to vessel, using air pressure on the trailer as the motive force. Use of a pump or eductor to transfer GAC from trailer to vessel will not be allowed. Bag loading or dry loading of GAC into vessel is prohibited. Makeup or rinse water needed for the transfer shall be potable water provided by City. Supplier shall provide any necessary hoses, site glasses, piping, and appurtenances for using this water. The compressed air supply required for transfer of carbon shall be provided by Supplier.
K. Supplier shall soak newly installed virgin GAC and perform fluidization (initial backwash) operations per Supplier’s recommendations.
VI. WARRANTY
A. Supplier shall warranty against the following conditions occurring within thirty (30) calendar days of the vessel pair entering into service:
1. Heterotrophic plate counts above the maximum contaminate level and any coliform bacteria detected in the vessels.
2. Leaching of any regulated contaminant from the GAC. This provision shall not apply to nitrate if the raw water nitrate level exceeds one-half (1/2) of the nitrate MCL (i.e., nitrate sloughing).
3. Any leaks from vessel manway access hatches.
Should any of the above provisions come into effect, the Supplier shall be notified by City or its designee.
B. For water quality issues as described in items 1 and 2 above, Supplier shall be allowed two (2) working days following notification to propose a mitigation strategy (e.g. GAC disinfection) to bring the GAC back into compliance. The mitigation strategy must be approved by City. If a mitigation strategy is not agreed upon, Supplier shall remove and replace the GAC. The problem must be corrected or the GAC replaced within two (2) weeks from notification to Supplier.
C. For leaking hatches as described in item 3 above, Supplier shall remedy the leak within forty-eight (48) hours, regardless of weekends or holidays.
RFQ&P – Contracting Services for GAC Changeouts
City of Bakersfield, Domestic Water System Page 5 of 9
S:\14 - CONTRACTS - AGREEMENTS\ON-CALL SERVICES\On-call GAC Changouts\FY 23.24\FY 23.24 GAC Changeouts - RFQ&P.docx D. All costs for correcting the problem including labor, disinfection, laboratory charges, and materials shall be paid for by Supplier.
VII. ITEMS AND SERVICES TO BE PROVIDED BY CITY
A. City or its designee will provide Supplier with a list of sites in need of GAC changeouts and will coordinate the date and time of the changeouts with Supplier.
B. City or its designee will provide site access, such as unlocking gates, to Supplier. City or its designee will be responsible for securing the site at the end of working hours.
C. City or its designee will be responsible for operating well site equipment (pumps, valves, electrical, etc.).
D. City or its designee will perform bacteriological testing of the vessels and newly installed GAC. Test results shall be made available to the Supplier upon request. Should Supplier wish to independently confirm the testing results, it shall be at their own expense and with no impact to the schedule.
VIII. SUBMITTAL REQUIREMENTS
Companies responding to this RFQ&P must include in their submittal package the following items:
• Three (3) copies of Proposer’s SOQ (refer to Section IX – Statement of Qualifications), including a statement of insurance coverage signed by Proposer. The SOQ should be brief while still providing the required information.
• Three (3) copies of Proposer’s Proposal (refer to Section X – Proposal). The Proposal should be brief while still providing the required information.
• One (1) signed copy of the “General Information Sheet” (refer to Attachment RFQ&P-1). • One (1) signed copy of the sample agreement (refer to Section XIII – Contract Documents and Attachment RFQ&P-2).
• One USB flash drive containing the items above in PDF format.
The submittal items must be placed into a sealed envelope bearing Proposer’s name and the words:
Statement of Qualifications and Proposal for
Contracting Services for GAC Changeouts
Fiscal Year 2023-204
Bakersfield, California
The submittal package must be delivered before 3:00 p.m. Tuesday, June 6, 2023 to:
Sameena Gill, Civil Engineer III
City of Bakersfield
Water Resources Department
1000 Buena Vista Road
Bakersfield, California 93311
City assumes no responsibility for non-receipt of submittal packages due to any delay including, but not limited to, carrier delay. It is Proposer's responsibility to meet the deadline stated above.
Submittals that do not contain the required number of copies and all of the information requested in this RFQ&P may be considered non-responsive and rejected without evaluation.
RFQ&P – Contracting Services for GAC Changeouts
City of Bakersfield, Domestic Water System Page 6 of 9
S:\14 - CONTRACTS - AGREEMENTS\ON-CALL SERVICES\On-call GAC Changouts\FY 23.24\FY 23.24 GAC Changeouts - RFQ&P.docx Submittals received after the deadline or at the wrong location may be considered non-responsive. Fax or e-mail copies will not be accepted. All submittals become the property of the City of Bakersfield and will not be returned.
IX. STATEMENT OF QUALIFICATIONS (SOQs)
Proposer shall submit a Statement of Qualifications (SOQ) which shall contain at a minimum the following information:
A. Statement of Proposer’s knowledge and expertise in manufacturing and supplying GAC.
B. Statement of Proposer’s management principles and procedures and how they will be applied to work performed under the agreement in regards to:
1. Maintaining adequate GAC inventory;
2. GAC delivery and changeout schedules; and
3. GAC delivery and changeout performance.
C. Name and relevant experience of Proposer’s project manager who will be the main contact for these services.
D. Evidence of a minimum six (6) month GAC inventory for City and evidence that Proposer can fulfill the obligations under the agreement, including Supplier’s capability of commencing a changeout process within ten (10) calendar days from receiving a request for changeout from City or its designee and Supplier’s capability of completing the changeout process within ten (10) calendar days from commencing the changeout process.
E. List of comparable clients served by Proposer in the past five (5) years. The list should include at least four (4) different clients and should provide the following information for each:
1. Client name, location, and description GAC treatment system.
2. Volume of GAC supplied to client over a certain timeframe.
3. Name, address, and phone number of contact person at Proposer’s client’s office.
City may contact the listed clients for reference checks.
F. Statement of Proposer’s delivery and changeout approach including, but not limited to, approximate number of days and employees expected to perform each changeout.
G. A description of Proposer’s facilities, including inventory storage facilities, and their locations.
H. A description of Proposer’s delivery truck fleet.
I. Statement of why Proposer believes it should be selected for this contract.
J. List of Proposer’s claims history in the last five (5) years in accordance with the following:
1. List of all claims, demands for arbitration and/or, law suits filed by Proposer, predecessor companies, or company officers against project owners or their agents. This list shall include the following information for each claim:
a. Name of project owner
b. Project completion date
c. Basis for claim
d. Claim or suit amount
e. Current status
f. Award or settlement amount
2. List of all claims, demands for arbitration, and/or lawsuits filed by project owners, their agents, or subconsultants against Proposer, predecessor companies, its agents, or bonding company in RFQ&P – Contracting Services for GAC Changeouts
City of Bakersfield, Domestic Water System Page 7 of 9
S:\14 - CONTRACTS - AGREEMENTS\ON-CALL SERVICES\On-call GAC Changouts\FY 23.24\FY 23.24 GAC Changeouts - RFQ&P.docx connection with Proposer, its officers, its agents, or bonding company. This list shall include the following information for each claim:
a. Name of project owner
b. Project completion date
c. Basis for claim
d. Claim or suit amount
e. Current status
f. Award or settlement amount
K. Statement of Proposer's current insurance coverage signed by Proposer. Do not submit a certificate of insurance in lieu of this statement. City requires a minimum of One Million Dollars ($1,000,000) Professional Liability Insurance, Automobile Liability Insurance, General Liability Insurance, and Workers’ Compensation Insurance. If the current coverage does not meet City’s minimum requirements, a statement of Proposer's ability and intent to obtain the required coverage must be included.
L. Additional information Proposer deems necessary for City to complete its evaluation of Proposer based on the criteria described in Section XI – Selection of Supplier.
X. PROPOSAL
Proposer shall submit a Proposal which shall contain the following information:
A. A fee schedule describing the Proposer’s unit-price-per-vessel (1 vessel, with 714 cf of GAC) and unit- price-per-vessel-pair (2 vessels, each with 714cf of GAC) to perform the duties and provide the materials as described in this RFQ&P, which pricing shall include labor, materials, tools, equipment, and GAC transportation.
Unit prices shall be valid for the duration of the one (1) year agreement and shall be held constant throughout the term of the one (1) year agreement. The agreement may be renewed annually for three (3) consecutive one-year periods at City’s option. If agreed upon by City, Supplier may adjust unit prices for each one-year period upon agreement renewal.
B. Standard product data sheet for proposed GAC.
C. ANSI/NSF-61 and ANSI/NSF-42 certifications and California Proposition 65 and AWWA B604 statements of compliance for proposed GAC.
D. Temperature-specific media down flow pressure drop curves and backwash bed expansion curves.
M. A signed statement that Proposer understands the GAC requirements and that Proposer’s GAC meets the GAC requirements as specified in Section IV – GAC Specifications.
XI. SELECTION OF SUPPLIER
City will first evaluate each Proposer based on the following questions:
A. Does Proposer’s GAC meet the required specifications? B. Is Proposer knowledgeable and experienced in manufacturing and supplying GAC? C. Is Proposer’s project manager experienced and well qualified? D. Is Proposer able to meet the minimum six (6) month GAC inventory requirements? E. Does proposer have adequate facilities, professional staff, and trucking fleet to:
1) Begin GAC changeouts within ten (10) days from request from City; and 2) Complete GAC changeouts within ten (10) days from start of changeout? RFQ&P – Contracting Services for GAC Changeouts
City of Bakersfield, Domestic Water System Page 8 of 9
S:\14 - CONTRACTS - AGREEMENTS\ON-CALL SERVICES\On-call GAC Changouts\FY 23.24\FY 23.24 GAC Changeouts - RFQ&P.docx F. Has Proposer served at least four (4) different comparable clients in the last five (5) years with GAC changeouts?
Proposers receiving a “yes” from all the above questions will be placed on the tentative approval list.
Proposers not receiving a “yes” from all above questions will be rejected.
City will then review and evaluate the fee schedules of the Proposers on the tentative approval list and will select one (1) or more Proposer for award of contract.
City retains the option to visit Proposers’ facilities to visually inspect GAC inventory, storage conditions, truck fleet conditions, etc. If Proposer’s facilities and/or truck fleet are unsatisfactory to City, Proposer will be rejected and will not be considered for award.
XII. SOLICITATION CAVEAT
Proposer and its subconsultants understand and agree that City shall have no financial responsibility for any costs incurred by Proposer and its subconsultants in responding to this RFQ&P and City shall not be liable for any of Proposer's or its subconsultants' costs attributed to their own study and investigation in regards to this RFQ&P. City shall also have no financial responsibility for any costs incurred by Supplier until Supplier has executed an agreement with City and has been authorized in writing to proceed. City reserves the right to terminate this RFQ&P at any time.
The submission of a proposal shall be conclusive evidence that Proposer and its subconsultants have investigated and satisfied themselves as to the conditions to be encountered; the character, quality, and scope of work to be performed; and any municipal and ordinance requirements of the City of Bakersfield.
As outlined in Clause 5 – Compliance with All Laws of the INDEPENDENT CONTRACTOR’S AGREEMENT, once final selection occurs Supplier will need to obtain a City of Bakersfield business tax certificate prior to execution of an agreement with City.
XIII. CONTRACT DOCUMENTS
A sample copy of the City's INDEPENDENT CONTRACTOR’S AGREEMENT is included with this RFQ&P as Attachment RFQ&P-2. Please review the agreement carefully. This is the agreement Supplier will be expected to execute without alteration. If any changes are desired, Proposer must submit a copy of the requested modifications to City for approval at least ten (10) calendar days prior to the date that submittal packages are due. If approved, City will then issue the changes to all prospective Proposers prior to the due date.
An officer of Proposer must sign and return the “Sample Agreement Acceptance” clause located on the last page of the agreement and return the sample INDEPENDENT CONTRACTOR’S AGREEMENT included in this RFQ&P with Proposer’s submittal package. The clause states:
“I have received and reviewed the sample INDEPENDENT CONTRACTOR'S AGREEMENT including the INDEMNITY clause which was included in the City’s RFQ&P. My signature below shall signify our company’s acceptance of said agreement if our company is selected for awarding a contract for these services as described in said RFQ&P. This acceptance is made with the understanding that the “COMPENSATION” and “TERM” clauses will be modified or created to contain the amounts and dates established for this agreement.” The signature indicates that Proposer accepts the clauses of the agreement, including the indemnity clause, as stated on the enclosed sample copy of the City's agreement, with the exception that the "COMPENSATION" and “TERM” clauses and other blanks where appropriate will be modified. Failure to RFQ&P – Contracting Services for GAC Changeouts
City of Bakersfield, Domestic Water System Page 9 of 9
S:\14 - CONTRACTS - AGREEMENTS\ON-CALL SERVICES\On-call GAC Changouts\FY 23.24\FY 23.24 GAC Changeouts - RFQ&P.docx execute the agreement without alteration may result in the rejection of Proposer's submittal and retaining of a different Proposer by City.
City will not approve Proposer's requested modifications to the insurance clause nor the indemnity clause of this agreement. At the time of agreement execution, the Supplier will be required to provide evidence of insurance coverage (Certificates of Insurance) as specified in the agreement.
XIV. CONTACTS AT THE CITY
All questions concerning this RFQ&P, City's review and evaluation of the submittal packages, and City's selection of Supplier for this contract must be submitted in writing, at least seven (7) calendar days before submittals are due, to:
Sameena Gill, Civil Engineer III
City of Bakersfield
Water Resources Department
Email: [email protected]
XV. ATTACHMENTS TO THIS RFQ&P
The following attachments are incorporated in this RFQ&P:
• Attachment RFQ&P-1, General Information Sheet
• Attachment RFQ&P-2, Sample Agreement
Attachment RFQ&P - 1
S:\14 - CONTRACTS - AGREEMENTS\ON-CALL SERVICES\On-call GAC Changouts\FY 23.24\FY 23.24 GAC Changeouts - RFQ&P.docx General Information Sheet
Contracting Services for Granular Activated Carbon (GAC) Changeouts for City of Bakersfield, Domestic Water System
Fiscal Year 2023-2024
Date: ________________________
Legal Name of Firm: __________________________________________________________________
__________________________________________________________________
Type of Organization: __________________________________________________________________
__________________________________________________________________
If a corporation, state in which the firm is incorporated: __________________________________
Federal Employer I.D. Number: __________________________________________________________
Street Address: ___________________________________________________________________
___________________________________________________________________
Mailing Address: ___________________________________________________________________
___________________________________________________________________
Telephone Number: ___________________________________________________________________
Fax Number: ___________________________________________________________________
_____________________________________________________________________________________ Name of Principal-in- Charge, Title, License Number
_____________________________________________________________________________________ Name of Project Manager, Title, License Number
_____________________________________________________________________________________ Signature of Officer of the Firm Title Date
Attachment RFQ&P - 1
S:\14 - CONTRACTS - AGREEMENTS\ON-CALL SERVICES\On-call GAC Changouts\FY 23.24\FY 23.24 GAC Changeouts - RFQ&P.docx Attachment RFQ-2 -- Sample Agreement
AGREEMENT NO. ___________________
INDEPENDENT CONTRACTOR'S AGREEMENT
This INDEPENDENT CONTRACTOR’S AGREEMENT (“Agreement”) is made and entered into on _______________________, by and between the CITY OF BAKERSFIELD, a municipal corporation (referred to herein as “CITY”), and _________________________________________ a [business type: Sole Proprietorship; Partner ship; Corporation; LLC; etc.] authorized to do business in California (referred to herein as “CONTRACTOR”).
R E C I T A L S
WHEREAS, CONTRACTOR represents that CONTRACTOR is experienced, well qualified and a specialist in the field of ________________________________.
NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and CONTRACTOR mutually agree as follows:
1. SCOPE OF WORK. In exchange for the Compensation (defined below), CONTRACTOR shall perform the following:
_________________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ _____________________________________________
(“Scope of Work”) . The Scope of Work shall include all items and procedures necessary to properly complete the task CONTRACTOR has been hired to perform, whether specifically included in the Scope of Work or not.
2. COMPENSATION/PAYMENT PROCEDURE. Subject to the conditions of this section, CITY will pay CONTRACTOR as follows for performing the Scope of Work (“Compensation”):
[choose one]
(1) A total, lump sum payment of $ _______________ after the Scope of Work is completed to CITY’s satisfaction, or
(2) On an hourly [or time/material] basis in accordance with the hourly rates as shown on Exhibit A.
Attachment RFQ&P - 1
S:\14 - CONTRACTS - AGREEMENTS\ON-CALL SERVICES\On-call GAC Changouts\FY 23.24\FY 23.24 GAC Changeouts - RFQ&P.docx CITY will pay CON TRACTOR within 30 days after CONTRACTOR submits an itemized invoice for the portions of the Scope of Work completed and that invoice is approved by CITY. The Compensation will be the total amount paid to CONTRACTOR for performing the Scope of Work and inc ludes, but is not limited to, all out -of-pocket costs and taxes. CITY will pay no other compensation to CONTRACTOR. In no case will CITY compensate CONTRACTOR more than $_____________ for performing the Scope of Work.
3. TERM. Unless terminated sooner, as set forth herein, this Agreement shall terminate on _________________ [Date].
4. TERMINATION. Either party may terminate this Agreement after giving the other party written notice, as provided herein, ten days before the termination is effective.
5. COMPLIANCE WITH ALL LAWS. CONTRACTOR shall, at CONTRACTOR’s sole cost, comply with all of the requirements of Municipal, State, and Federal authorities now in force, or which may hereafter be in force, pertaining to this Agreement, and shall faithfully observe in all activities relating to or growing out of this Agreement all Municipal ordinances and St ate and Federal statutes, rules or regulations, and permitting requirements now in force or which may hereafter be in force including, without limitation, obtaining a City of Bakersfield business tax certificate (Bakersfield Municipal Code Chapter 5.02) where required.
6. INDEPENDENT CONTRACTOR. This Agreement calls for CONTRACTOR’s performance of the Scope of Work as an independent contractor. CONTRACTOR is not an agent or employee of the CITY for any purpose and is not entitled to any of the benefits provided by CITY to its employees. This Agreement shall not be construed as forming a partnership or any other association with CONTRACTOR other than that of an independent contractor.
7. DIRECTION. CONTRACTOR retains the right to control or direct the manner in which the services described herein are performed.
8. EQUIPMENT. CONTRACTOR will supply all equipment, tools, materials and supplies necessary to perform the services under this Agreement.
9. STARTING WORK. CONTRACTOR shall not begin work until authorized to do so in writing by CITY. No work will be authorized before the date first written above.
10. KEY PERSONNEL. CONTRACTOR shall name all key personnel to be assigned to perform the Scope of Work. All key personnel shall be properly licensed and have the experience to perform the work called for under this Agreement. CONTRACTOR shall provide background for each of the key personnel including, without limitation, resumes and work experience performing work similar to the Scope of Work. CITY reserves the right to approve key personnel. Once the key personnel are approved, CONTRACTOR shall not change such personnel without CITY’s written approval.
Attachment RFQ&P - 1
S:\14 - CONTRACTS - AGREEMENTS\ON-CALL SERVICES\On-call GAC Changouts\FY 23.24\FY 23.24 GAC Changeouts - RFQ&P.docx
11. INCLUDED DOCUMENTS. Any bid documents, including, without limitation, special provisions and standard specifications and any Request for Proposals, Request for Qualifications and responses thereto relating to this Agreement are incorporated by reference as though fully set forth herein.
12. LICENSES. CONTRACTOR shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits and approvals which are legally required for CONTRACTOR to practice its profession and perform the Scope of Work. If CONTRACTOR is a corporation, at least one officer or key employee shall hold the required licenses or professional degrees. If CONTRACTOR is a partnership, at least one partner shall hold the required licensees or professional degrees.
13. STANDARD OF PERFORMANCE. The Scope of Work shall be performed in conformity with all legal requirements and industry standards observed by a specialist of CONTRACTOR’s profession in California.
14. SB 854 COMPLIANCE. To the extent Labor Code Section 1771.1 applies to this Agreement, a contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, be subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of Labor Code Section 1771.1 for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded. The prime contractor is required to post job site notices in compliance with Title 8 California Code of Regulations Section 16451. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
15. NO WAIVER OF DEFAULT. The failure of any party to enforce against another party any provision of this Agreement shall not constitute a waiver of that party's right to enforce such a provision at a later time and shall not serve to vary the terms of this Agreement.
16. INSURANCE.
16.1 Types and Limits of Insurance. In addition to any other insurance or security required under this Agreement, CONTRACTOR must procure and maintain, for the duration of this Agreement, the types and limits of insurance below ("Basic Insurance Requirements").
16.1.1 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 Attachment RFQ&P - 1
S:\14 - CONTRACTS - AGREEMENTS\ON-CALL SERVICES\On-call GAC Changouts\FY 23.24\FY 23.24 GAC Changeouts - RFQ&P.docx personal injury, with limits of not less than $1,000,000 per occurrence.
16.1.2 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:
16.1.2.1 Provide contractual liability coverage for the terms of this Agreement;
16.1.2.2 Provide products and completed operations coverage;
16.1.2.3 Provide premises, operations, and mobile equipment coverage; and
16.1.2.4 Contain an additional insured endorsement in favor of CITY and its mayor, council, officers, agents, employees, and designated volunteers.
16.1.3 Workers' compensation insurance with limits of not less than $1,000,000 per occurrence. In accordance with the provisions of Labor Code Section 3700, every contractor will be required to secure the payment of compensation to his employees. Pursuant to Labor Code Section 1861, CONTRACTOR must submit to CITY the following certification before beginning any work on the Improvements:
I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker’s compensation or to undertake self -insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.
By executing this Agreement, CONTRACTOR is submitting the certification required above.
The policy must contain a waiver of subrogation in favor of CITY and its mayor, council, officers, agents, employees, and designated volunteers.
16.2 General Provisions Applying to All Insurance Types.
16.2.1 All policies required of CONTRACTOR must be written on a first -dollar coverage basis, or contain a deductible provision. Subject to CITY’s advance approval, CONTRACTOR may utilize a self-insured retention Attachment RFQ&P - 1
S:\14 - CONTRACTS - AGREEMENTS\ON-CALL SERVICES\On-call GAC Changouts\FY 23.24\FY 23.24 GAC Changeouts - RFQ&P.docx 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.
16.2.2 All policies required of CONTRACTOR must be primary insurance as to CITY and its mayor, council, officers, agents, employees, or designated volunteers and any insur ance or self -insurance maintained by CITY and its mayor, council, officers, agents, employees, and designated volunteers must be excess of
CONTRACTOR’s insurance and must not contribute with it.
16.2.3 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.
16.2.4 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.
16.2.5 Full compensation for all premiums which the CONTRACTOR is required to pay to sat isfy 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.
16.2.6 It is further understood and agreed by CONTRACTOR that its liability to CITY will not in any way be limited to or affected by the amount of insurance obtained and carried by CONTRACTOR in connection with this Agreement.
16.2.7 Unless otherwise approved by CITY, if any part of the Scope of Work is subcontracted, the Basic Insurance Requirements must be provided by, or on behalf of, all subcontractors even if CITY has approved lesser insurance requirements for CONTRACTOR, and all subcontractors must agree in writing to be bound by the provisions of this section.
Attachment RFQ&P - 1
S:\14 - CONTRACTS - AGREEMENTS\ON-CALL SERVICES\On-call GAC Changouts\FY 23.24\FY 23.24 GAC Changeouts - RFQ&P.docx
17. THIRD PARTY CLAIMS . In the case of public works contracts, CITY will timely notify CONTRACTOR of third party claims relating to this Agreement. CITY shall be allowed to recover from CONTRACTOR, and CONTRACTOR shall pay on demand, all costs of notification.
18. INDEMNITY. CONTRACTOR shall indemnify, defend, and hold harmless CITY and CITY’s officers, agents and employees against any and all liability, claims, actions, causes of action or demands whatsoever against them, or any of them, before administrative or judicial tribunals of any kind whatsoever, arising out of, connected with, or caused by CONTRACTOR or CON TRACTOR’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.
19. ASSIGNMENT. Neither this Agreement nor any rights, interests, duties, liabilities, obligations or responsibilities arising out of, concerning or related in any way to this Agreement (including, but not limited to, accounts, actions, causes of action, claims, damages, demands, liabilities, losses, obligations, or reckonings of any kind or nature whatsoever, for compensatory or exemplary and punitive damages, or declaratory, equitable or injunctive relief, whether based on contract, equity, tort or other theories of recovery provided for by the common or statutory law) may be assigned or transferred by any party. Any such assignment is prohibited, and shall be unenforceable and otherwise null and void without the need for further action by the non-assigning party or parties.
20. ACCOUNTING RECORDS. CONTRACTOR shall maintain accurate accounting records and other written documentation pertaining to all costs incurred in performance of this Agreement. Such records and documentation shall be kept at CONTRACTOR's office during the term of this Agreement, and for a period of three years from the date of the final payment hereunder, and made available to CITY representatives upon request at any time during regular business hours.
21. BINDING EFFECT. The rights and obligations of this Agreement shall inure to the benefit of, and be binding upon, the parties to the Agreement and their heirs, administrators, executors, personal representatives, successors and assigns.
22. CORPORATE AUTHORITY. Each individual signing this Agreement on behalf of entities represents and warrants that they are, respectively, duly authorized to sign on behalf of the entities and to bind the entities fully to each and all of the obligations set forth in this Agreement.
23. COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which shall be considered as an original and be effective as such.
24. EXECUTION. This Agreement is effective upon execution. It is the product of negotiation and all parties are equally responsible for authorship of this Agreement.
Attachment RFQ&P - 1
S:\14 - CONTRACTS - AGREEMENTS\ON-CALL SERVICES\On-call GAC Changouts\FY 23.24\FY 23.24 GAC Changeouts - RFQ&P.docx Section 1654 of the California Civil Code shall not apply to the interpretation of this Agreement.
25. EXHIBITS. In the event of a conflict between the terms, conditions or specifications set forth in this Agreement and those in exhibits attached hereto, the term s, conditions, or specifications set forth in this Agreement shall prevail. All exhibits to which reference is made in this Agreement are deemed incorporated in this Agreement, whether or not actually attached.
26. FURTHER ASSURANCES. Each party shall execu te 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.
27. GOVERNING LAW. The laws of the State of California will govern the validity of this Agreement and its interpretation and performance. Any litigation arising in any way from this Agreement shall be brought in Kern County, California.
28. INTERPRETATION. Whenever the context so requires, the masculine gender includes the feminine and neuter, and the singular number includes the plural.
29. MERGER AND MODIFICATION. This Agreement sets forth the entire agreement between the parties and supersedes all other oral or written representations. This Agreement ma y be modified only in a writing approved by the City Council and signed by all the parties.
30. NON-INTEREST. No CITY officer or employee shall hold any interest in this Agreement (California Government Code section 1090).
31. NOTICES. All notices relative to this Agreement shall be given in writing and shall be personally served or sent by certified or registered mail and be effective upon actual personal service or depositing in the United States mail. The parties shall be addressed as follows, or at any other address designated by notice:
CITY: CITY OF BAKERSFIELD
CITY HALL
1600 Truxtun Avenue
Bakersfield, California 93301
CONTRACTOR: ____________________________
____________________________
Attachment RFQ&P - 1
S:\14 - CONTRACTS - AGREEMENTS\ON-CALL SERVICES\On-call GAC Changouts\FY 23.24\FY 23.24 GAC Changeouts - RFQ&P.docx ____________________________
____________________________
32. RESOURCE ALLOCATION. All CITY obligations under the terms of this Agreement are subject to the appropriation and allocation of resources by the City Council.
33. TITLE TO DOCUMENTS. All documents, plans, and drawings, maps, photographs, and other papers, or copies thereof prep ared by CONTRACTOR pursuant to the terms of this Agreement, shall, upon preparation, become CITY property.
34. TAX NUMBERS.
CONTRACTOR’s Federal Tax ID Number
CONTRACTOR is a corporation? Yes No
(Please check one.)
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date first written above.
"CITY" “CONTRACTOR”
CITY OF BAKERSFIELD
By:________________________________ By:_________________________________ KAREN GOH
Mayor Print Name:
Title:
[Signatures on Following Page]
APPROVED AS TO CONTENT:
CITY DEPARTMENT NAME
By:_______________________________
DEPARTMENT HEAD NAME
Attachment RFQ&P - 1
S:\14 - CONTRACTS - AGREEMENTS\ON-CALL SERVICES\On-call GAC Changouts\FY 23.24\FY 23.24 GAC Changeouts - RFQ&P.docx TITLE
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
By:___________________________
(NAME & TITLE)
Insurance:____________
COUNTERSIGNED:
By:_______________________________
RANDY MCKEEGAN
Finance Director
Attachment: Exhibit ___
“I have received and reviewed the sample INDEPENDENT CONTRACTOR'S AGREEMENT including the INDEMNITY clause which was sent to me with the City’s RFQ . My signature below shall signify our firm’s acceptance of said contract if our firm is selected for awarding a contract for the project as described in said RFQ . This acceptance is made with the understanding that the Compensation and Time for Completion clauses will be modified to contain the amounts and dates established for this contract.”
Signature: _____________________________________ Date: ____________________
S:\14 - CONTRACTS - AGREEMENTS\ON-CALL SERVICES\On-call GAC Changeouts\FY 26.27\AqueousVets\Amendment 3 To Agreement 2023-155 Aqueous Vets GAC Changeouts.doc
Updated – 5/14/2026
-- Page 1 of 3 Pages --
AGREEMENT NO. _______
AMENDMENT NO. [3] TO
AGREEMENT NO. 2023-155
THIS AMENDMENT NO. 3 TO AGREEMENT NO. 202 3-155 is made and entered into on 21 May 2026 , by and between the CITY OF BAKERSFIELD, a municipal corporation (referred to herein as “CITY”), and AQUEOUS VETS, a California Corporation authorized to do business in California (referred to herein as “CONTRACTOR”) (Collectively, the “Parties”).
R E C I T A L S
WHEREAS, on June 28, 2023, the Parties entered into Agreement No. 2023-155 for removal and replacement of Granular Activated Carbon (“GAC”) in vessels at multiple sites from time to time; and WHEREAS, on June 12, 2024, the Parties entered into Amendment No. 1 to Agreement No. 2023-155 thereby extending the Agreement’s term by one (1) additional year and increasing total compensation by One Million Dollars ($1,000,000); and
WHERAS, on June 11, 2025, the Parties entered into Amendment No. 2 to Agreement No. 2023- 155 thereby extending the Agreement’s term by one (1) additional year and increasing total compensation by Five Hundred Thousand Dollars ($500,000); and
WHEREAS, the Parties desire to enter into Amendment No. 3 to Agreement No. 2023-155, extending the term of the Agreement for one additional year in ac cordance with the original agreement.
NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and CONTRACTOR mutually agree as follows:
1. Section 3 of Agreement No. 2023-155 entitled “TERM” is hereby amended to read as follows:
3. TERM. Unless terminated sooner, as set forth herein, this Agreement shall terminate on June 30, 2027.
S:\14 - CONTRACTS - AGREEMENTS\ON-CALL SERVICES\On-call GAC Changeouts\FY 26.27\AqueousVets\Amendment 3 To Agreement 2023-155 Aqueous Vets GAC Changeouts.doc
Updated – 5/14/2026
-- Page 3 of 3 Pages --
APPROVED AS TO CONTENT:
WATER DEPARTMENT
By:_______________________________
KRISTINA BUDAK
Water Director
APPROVED AS TO FORM: COUNTERSIGNED:
(Deputy) City Attorney:_______________________ Finance Director: _____________________
MATTHEW COLLOM RANDY MCKEEGAN
Insurance:____________
Attachment(s): Exhibit A – Request for Qualification & Proposal (RFQ&P) Exhibit B – Contractors Proposal and Fee Schedule
May 27, 2026 Prepared For:
Contracting Services for GAC Change-Outs Project Location:
S26-0026 Prepared By:
Kelsey Hakes-Beckwith Contact Info: (949) 531-0786
No. Qty Unit Price Total Price
1 1 $121,500.00 $121,500.00
$7,849.72
Included
$129,349.72
No. Qty Unit Price Total Price
1 1 $71,400.00 $71,400.00
$4,025.90
Included
$75,425.90
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VALIDITY: Pricing is valid for one year service contract renewal.
Any other items not specifically identified by Aqueous Vets.
PROFESSIONAL and COMMERCIAL TERMS
Open clearance around system(s) for completion of service.
Water source at 60 psi to fill media trailer prior to slurry loading.
All system operations and connections required prior to field technician arrival at the jobsite.
SCOPE BY OTHERS
All building and regulatory permits.
Open access to site and equipment location.
AV will provide a new gasket for each manway opened.
Hydrostatic and disinfection testing of system.
Start-up services and any required acceptance tests.
Backwashing of filters after 24-hour presoak.
Carbon profile will be conducted on the spent media extracted from the vessels.
Carbon: NSF 61 Norit GAC 400 Coal Carbon Media
Granular activated carbon, loaded into trailers.
Truck will be washed down with hot water.
Vessel inspection will be conducted by AV employee.
Disinfection will be provided per vessel.
Baterial testing will be conducted on each vessel.
Onsite service time for loading/offloading carbon. Services can be provided as a Two (2) vessels or Single (1) vessel change out at a time.
Food grade washout for trailers.
Transportation and labor.
Non-hazardous waste disposal.
Each vessel to include 714 CF BW&D.
Freight to Project Site
Total Price
Mobilization of field technicians and service trucks to project site.
Description
Single Vessel Carbon Changeout
Estimated Sales Tax @ 8.25%
Freight to Project Site
Total Price
Description
Two Vessel Carbon Changeout
Estimated Sales Tax @ 8.25%
AV Proposal No.: Aaron Porter
AV Contact: [email protected]
SCOPE BY AQUEOUS VETS
Scope of Work – Coal Carbon Changeout
Date Prepared: City of Bakersfield Water Resources Dept Project Name: Bakersfield, CA
Scope of Work – Coal Carbon Changeout
Thank you for your business!
16761 Clear Creek Road, Redding, CA, 96001
Tel: (925) 331-0573 Fax: (925) 886-4352 E-mail: [email protected] Web: www.aqueousvets.com Tariffs The Tariff cost presented reflects tariff impact to pricing as of today. Changes in tariffs affecting materials consumed into the project will be passed through at the rate in effect at the time of consumption, without margin, for payment.
TAXES & FEES: Sales taxes are included only as indicated above. Aqueous Vets shall not be responsible for any additional fees, tariffs, duties, or increased enacted by governmental agencies.
PAYMENT TERMS: 100% on completion of services, net 30 days.
SHIPPING TERMS: FOB shipping point, with full freight allowed to jobsite.
ADMINISTRATIVE REPORT
MEETING DATE: June 10, 2026 AGENDA CATEGORY: Consent - Agreements TO: Honorable Mayor and City Council
FROM: Zachary Meyer, Public Works Director
DATE: May 18, 2026
SUBJECT: Contract Change Order No. 34 to Agreement No. 2024-235 (7th Movement) with Granite Construction Company (increasing compensation by $35,707.50; revised not to exceed $28,070,036.93) for the Centennial Corridor EB58 to NB99 Loop Connector Project. (Wards 1 & 2)
RECOMMENDATION:
Staff recommend approval of the contract change order.
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 S R 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, 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. 34 provides compensation to the contractor for the additional Connector Bridge Superstructure steel reinforcement. The designer of records determined the Bar Reinforcing steel was insufficient. The revised quantities for Bar Reinforcing Steel (Bridge) total are 400,492 pounds. This is an increase of 28,566 pounds compared to the quantity shown at bidding time. The additional work to paid at agreed Unit Price/Final Pay of $1.25 per pound. This change order results in a net increase of $35,707.50.
FISCAL IMPACT:
The sum of all change orders to date on this project reflects a total cost increas e of $769,740.13 which results in a 2.82% increase of the original contract amount as illustrated below:
Original Contract Amount = $27,300,296.80
Previous Change Orders = $734,032.63
Current Change Order = $35,707.50
Amended Contract Agreement after CCOs = $28,070,036.93
Net Increase to date = $769,740.13
There is no General Fund impact associated with this change order. Federal, State, and Local funding for this change order is available in project 25PWTR01 Centennial Corridor 7th Movement.
COUNCIL GOAL:
Reliable Infrastructure
ATTACHMENTS:
Contract Change Order No. 34
ADMINISTRATIVE REPORT
MEETING DATE: June 10, 2026 AGENDA CATEGORY: Consent - Bids TO: Honorable Mayor and City Council
FROM: Zachary Meyer, Public Works Director
DATE: June 10, 2026
SUBJECT: Pedestrian Safety Improvements on Chester Avenue and 22nd Street
Reject all bids received for the pedestrian safety improvement project on Chester Ave at 22nd St. (Ward 2)
RECOMMENDATION:
Staff recommends rejection of all bids and release of all bid guarantees.
BACKGROUND:
The Public Works Department applied to the Transportation Development Act – Article 3 Bicycle and Pedestrian Facilities for funding for uncontrolled marked crossings that would benefit from Rectangular Rapid Flashing Beacon’s (RRFB) in July of 2024. A total of $155,250 was granted to the City of Bakersfield for the pedestrian safety improvement project on Chester Avenue at 22 nd St to increase visibility and awareness of pedestrians and bicyclists and to improve the yield compliance and reduction of rear -end crashes for motorists.
The purpose of this project is to provide an improved pedestrian crossing with enhanced safety features, including a rectangular rapid flashing b eacon and in -pavement flashers to ensure a safer and more accessible cross.
The work to be performed consists, in general, of installing an in -pavement flashing system at the intersection of Chester Ave and 22 nd St and modifying pavement markings, all in conformance with the contract documents. The Engineer’s Estimate for this project is $196,000.
Public Works reviewed the bids received that were opened on April 21, 2026. A total of two (2) bids were received. The Engineer’s Estimate for this project is $196,000. The bids are as follows:
California Professional Engineering, Inc. In the amount of $213,699.50 19062 San Jose Ave
La Puente, CA 91748
Innovative Engineering Systems, Inc. In the amount of $239,975.00 dba Agilitech
8800 Crippen St
Bakersfield, CA 93311
Due to deficiencies and inconsistencies in all received proposals, staff recommends rejecting all bids and readvertising the project. Staff will revise contract documents to clarify requirements and to ensure a fair and competitive bidding process.
FISCAL IMPACT:
The action to approve this bid and service will be funded by TDA funds or KERN COG related funding.
Therefore, City General Funds will not be impacted as outside City funds are being utilized.
COUNCIL GOAL:
Reliable Infrastructure
Safety and Resilience
ATTACHMENTS:
None
ADMINISTRATIVE REPORT
MEETING DATE: June 10, 2026 AGENDA CATEGORY: Consent - Bids TO: Honorable Mayor and City Council
FROM: Randy McKeegan, Finance Director
DATE: May 18, 2026
SUBJECT: Purchase of Juniper software subscription for the Technology Services Department.
Accept bid from Bear Cloud Technologies, Inc. ($100,618.82) for Juniper Assurance & Virtual Network Assistant Subscription for the Technology Services Department.
RECOMMENDATION:
Staff recommend acceptance of bid.
BACKGROUND:
Bids were solicited from suppliers for Juniper Assurance & Virtual Network Assistant Subscription Renewal. Seven (7) bids were received in response to the solicitation.
Juniper Assurance & Virtual Network Assistance is a cloud -based network access control service that simplifies user and device onboarding, automates troubleshooting and operations, and provides network security. This purchase will renew the City’s existing network support subscription, which is approaching the manufacturer’s end -of-support date for Juniper Networks’ cloud -based network access cont rol service.
The City has standardized on Juniper Networks products for many years, making this solution compatible with the City’s existing network infrastructure and operational requirements.
The seven (7) bids received are as follows:
BIDDER AMOUNT
Bear Cloud Technologies, Inc.
San Francisco, CA $100,618.82
Questivity, Inc.
Santa Clara, CA $113,340.56
IT Devices Online, Inc.
Dublin, CA $113,684.34
Saitech, Inc.
Fremont, CA $113,898.00
VCloud Tech, Inc.
Rolling Hills, CA $113,974.12
VPrime Tech, Inc.
Houston, TX $115,339.04
Gigakim
San Diego, CA $120,502.28
Staff find the low bid submitted by Bear Cloud Technologies, Inc. in San Francisco, California, in the amount of $100,618.82 to be acceptable.
FISCAL IMPACT:
Funds are budgeted in the Equipment Management Fund for this purchase.
COUNCIL GOAL:
Reliable Infrastructure
ATTACHMENTS:
N/A
ADMINISTRATIVE REPORT
MEETING DATE: June 10, 2026 AGENDA CATEGORY: Constent - PSVS TO: Honorable Mayor and City Council
FROM: Jennifer M. Byers, Economic and Community Development Director DATE: June 3, 2026
SUBJECT: Agreements for the Bakersfield Senior Center Mixed-Use Project (Ward 2).
1. Agreement with Bakersfield Senior LP (not to exceed $9,839,446) for 36 new affordable housing units at 530 4th Street;
2. Agreement with Bakersfield Senior Center (not to exceed $6,018,320) for the construction of a new senior center at 530 4th Street;
3. Amendment No. 1 to Agreement No. 2024-262 a Memorandum of Understanding with Kern Council of Governments (extend the term) for Regional Early Action Planning Grants of 2021 Funding for Bakersfield Senior Center Affordable Housing and Facility
RECOMMENDATION:
Staff recommends approval of the Agreements and the Amendment
BACKGROUND:
Since 2022, the Housing Authority of the County of Kern (Authority) and the Bakersfield Senior Center (BSC) have been working together to redevelop the existing Bakersfield Senior Center, located at 530 4th Street, into a mixed-use facility known as the Bakersfield Senior Center Mixed-Use Project. The project features a new, four-story state-of-the-art facility that includes a senior center with offices on the 1st and 2nd floors and residential units on the top two floors.
The housing portion of the project will consist of 35 one-bedroom units being leased to extremely low, very-low, and low-income seniors, plus one unit for an on-site manager (36 units). The housing portion will be constructed and managed by Bakersfield Senior LP , a limited partnership formed by the Authority and Golden Empire Affordable Housing Inc.
The senior center portion of the project will offer classes and programs that promote healthy living, enhance access to health programs/services, activities to increase senior socialization, and nutritional programs to educate seniors on healthy living, and will provide complementary services to the new housing. The senior center portion will be built and managed by the Bakersfield Senior Center with the Authority as a co-developer.
Both parties will use the same general contractor and subcontractors to complete the project. Air parcels were recorded on the site to separate the housing and senior center portions of the project and separate the obligations and long-term use requirements for the development. As part of the project financing, the development partners and the City of Bakersfield have worked together to secure multiple sources of funding, which are before the City Council for consideration.
Funding Overview
Affordable Housing Trust Fund: The Bakersfield City Council established the City’s Affordable Housing Trust Fund (AHTF) on July 14, 2021. The City utilized Public Safety and Vital Services (PSVS) funding to be set aside for the development of new affordable housing units and leveraged this resource to receive
funding through the California Department of Housing and Community Development (HCD) Local Housing Trust Fund (LHTF) Program.
Bakersfield Senior LP, in total, is requesting $4,100,000 in funding assistance from the City’s AHTF to construct thirty-five (35) new affordable housing units targeted for seniors earning up to 60% AMI at the Bakersfield Senior Center Affordable Housing Development located 530 4th Street, Bakersfield, CA 93304.
Transformative Climate Communities: The Bakersfield Senior Center Mixed-Use Project was the highest rated project in the application, as voted on by the community. In facilitating this project’s development, $5,571,909 in funds are being proposed for the housing portion of the project, while $953,741 will be used to support the senior center portion of the project.
Regional Early Action Planning Grants of 2021 (REAP): In 2024, the City of Bakersfield entered into the Agreement 2024-262 with the Kern Council of Governments for $5,647,059 of REAP funds for two projects: the recently completed 4th Street Apartments ($414,943) and the Bakersfield Senior Center Mixed-Use Project ($5,232,116) with a termination date of December 31, 2026. The amendment would extend the expenditure date to December 31. 2027. No additional funding is requested.
FISCAL IMPACT:
The housing portion of the project is funded by multiple resources including the HCD Local Housing Trust Fund grant which provided PSVS match funding that was approved as part of FY 2021-22 budget set aside in the City’s Affordable Housing Trust Fund, as well as passthrough grant resources from TCC and REAP. The senior center portion is funded through passthrough grant resources from TCC and REAP and did not require a match from city resources.
COUNCIL GOAL:
Community Character & Quality of Life
Safety and Resilience
ATTACHMENTS:
1. Agreement for Housing Construction
2. Agreement for Senior Center Construction
3. Amendment No. 1 to Agreement 2024-262
BAKERSFIELD SENIOR LP - AFFORDABLE HOUSING AGREEMENT (LHTF) Page 1 AGREEMENT NO. _________________
LOAN AGREEMENT WITH BAKERSFIELD SENIOR LP
FOR THE AFFORDABLE HOUSING DEVELOPMENT OF
THE BAKERSFIELD SENIOR CENTER
This AGREEMENT (herein “Agreement” or “Loan Agreement”) is made and entered into on _________________, by and between the CITY OF BAKERSFIELD, a charter city and municipal corporation (referred to herein as “ CITY”) and BAKERSFIELD SENIOR LP a California limited partnership (herein “SENIOR LP”).
GENERAL RECITALS
WHEREAS, the Bakersfield senior center (herein “Senior Center”) is a building located at 530 4th Street, Bakersfield California 93304 and provides space for seniors to recreate and be involved in social activities and was once owned by the Bakersfield Senior Center, INC (a non-profit 501c(3) corporation authorized to do business in California, herein “Senior INC”); and
WHEREAS, the Senior Center is now owned by the Housing Authority of the County of Kern, an independent, local government agency, (herein “HACK”); and
WHEREAS, SENIOR LP was formed to specifically assist HACK in securing tax credits to be eligible for additional funding; and
WHEREAS, SENIOR LP is comprised of
Administrative General Partner: Kern
Bakersfield Senior LLC, a limited liability company authorized to do business in California, and Managing General Partner: GEAHI Bakersfield Senior LLC, a California limited liability company authorized to do business in California, in which Golden Empire Affordable Housing, Inc., a California nonprofit public benefit corporation authorized to do business in California is the nonprofit affiliate of HACK and the sole member and manager of the Managing General Partner; and
WHEREAS, for years, and as the number of seniors in Bakersfield grows, it has been the desire of the community to construct an improved Senior Center; and
WHEREAS, CITY is now ready to facilitate the replacement of the existing Senior Center by demolishing and replacing it with a mixed-use four-story building (herein “PROJECT”) to be constructed at the same location as the current Senior Center; and
BAKERSFIELD SENIOR LP - AFFORDABLE HOUSING AGREEMENT (LHTF) Page 2 WHEREAS, the commercial portion of PROJECT will consist of the first and second floors with a recreation room, kitchen, offices and the like; and the housing portion of PROJECT will consist of the third and fourth floors with thirty-five (35) affordable units for qualifying low-income seniors earning up to 60% of the Area Median Income (herein “AMI”) and one on-site manager unit; and
WHEREAS, PROJECT is best explained by outlining all parties and sources of money associated with the bottom two floors (herein “commercial”) and the parties and sources of money associated with the top two floors (herein “housing”); and
WHEREAS, in general, for the commercial portion of PROJECT, HACK and the Senior INC will be the co-developers and the monies will come from the Transformative Climate Communities Grant Program (herein “TCC”), a Regional Early Action Planning (herein “REAP”) grant, and monies through HACK; and
WHEREAS, in general, for the housing portion of PROJECT, SENIOR LP will be the sole developer upon recordation of the Required Documents herein and the monies will be loaned to SENIOR LP, through the Local Housing Trust Fund (herein “LHTF”), a matching loan from Public Safety & Vital Services (herein “PSVS”), a TCC loan, and REAP loan, all subject to reimbursement to CITY; and
WHEREAS, upon completion of PROJECT, it is anticipated that Senior INC (herein “SENIOR INC”), and SENIOR LP will own the new Senior Center at 530 4th Street, Bakersfield California 93304 (herein “PROJECT Property” or “Project Property”) and it will be utilized as such for at least fifty-five (55) years; and
WHEREAS, in order to accurately set forth the obligations of all parties and monies associated with PROJECT, two (2) separate Agreements will be executed:
one for the commercial portion of PROJECT with HACK and SENIOR INC, and one for the housing portion of PROJECT with SENIOR LP and the entities that comprise SENIOR LP.
SPECIFIC RECITALS FOR AGREEMENT BETWEEN CITY AND SENIOR LP
FOR AFFORDABLE HOUSING
WHEREAS, on November 6, 2018, voters within CITY passed Measure N, PSVS which provides funding to address top community priorities including the construction of affordable housing for qualifying income households within CITY; and
WHEREAS, on May 3, 2021, the California Department of Housing and Community Development (herein “HCD”) announced the LHTF Program that provides matching grants for Affordable Housing Trust Funds (herein “AHTF”) established by local governments; and
BAKERSFIELD SENIOR LP - AFFORDABLE HOUSING AGREEMENT (LHTF) Page 3 WHEREAS, on July 14, 2021, Bakersfield City Council established the AHTF and adopted a resolution to provide a dollar-for-dollar match of local PSVS funding to be set aside for the development of new affordable housing units as required for CITY to receive funding through the HCD LHTF Program; and
WHEREAS, CITY published two Notice of Funding Availability (herein “NOFA”) for the AHTF program to provide low-interest loans to affordable housing developers and other interested parties for the acquisition, construction, and/or rehabilitation of multifamily affordable housing developments; and
WHEREAS, SENIOR LP, comprised of General Partner Kern Bakersfield Senior LLC, and Managing General Partner GEAHI will work with HACK to complete PROJECT; and
WHEREAS, SENIOR LP was formed to specifically assist HACK in securing tax credits to be eligible for additional funding to complete the housing portion of PROJECT; and
WHEREAS, SENIOR LP has requested a low-interest LHTF Round 2 Loan in the amount of one million eight hundred twenty-six thousand six hundred forty-seven dollars and fifty cents ($1,826,647.50) and a PSVS Matching Fund Loan in the same amount ($1,826,647.50), as enumerated in the AHTF NOFA dated May 12, 2023; and
WHEREAS, SENIOR LP has requested a low-interest LHTF Round 3 Loan in the amount of nine hundred twenty-three thousand three hundred fifty-two dollars and fifty cents ($223,352.50) and PSVS Matching Fund Loan in the same amount ($223,352.50), as enumerated in the AHTF NOFA dated April 18, 2025; and
WHEREAS, SENIOR LP has requested and CITY desires to loan LHTF and PSVS funds to SENIOR LP to be used for the housing aspect of PROJECT; and
***
WHEREAS, in 2021, Governor Newsom signed Assembly Bill 140, the California Comeback Plan, to provide funding for projects that accelerate progress towards California housing goals and climate commitments and created the REAP Grants Program of 2021; and
WHEREAS, the Kern Council of Governments (“Kern COG”) is authorized to provide up to $12,670,717 under REAP to eligible activities; and
WHEREAS, on May 24, 2024, the HCD executed Standard Agreement No. 23-EAP2-17908 with Kern COG in the amount of $12,670,717; and
WHEREAS, on September 19, 2024, CITY approved Agreement No. 2024-262 with Kern COG to allocate REAP funding for PROJECT; and
BAKERSFIELD SENIOR LP - AFFORDABLE HOUSING AGREEMENT (LHTF) Page 4 WHEREAS, SENIOR LP has requested and CITY desires to loan REAP funds to SENIOR LP to be used for the housing aspect of PROJECT; and
***
WHEREAS, the California Legislature appropriated $160 million from its general fund in fiscal year 2022/2023 to support the TCC administered by the Strategic Growth Council (herein “SGC”); and
WHEREAS, on August 1, 2023, CITY submitted an application for TCC funds for what is referred to as the Southeast Strong Initiative which plans to fund multiple improvement projects in Southeast Bakersfield, including PROJECT herein; and
WHEREAS, on March 10, 2025, CITY and SGC entered into Grant Agreement No. SGC23131, which established CITY as Lead Grantee for the $22,125,000 TCC grant funds and identifies CITY as the responsible entity for compiling and submitting all invoices and reporting documents to the SGC related to PROJECT; and
WHEREAS, SENIOR LP has requested and CITY desires to loan TCC funds to SENIOR LP to be used for the housing aspect of PROJECT; and
WHEREAS, in summary, SENIOR LP shall receive from CITY a total of $2,050,000 in Round 2 and Round 3 LHTF loan monies, $2,050,000 in PSVS loan monies, $167,537 in REAP loan monies, and $5,571,909 in TCC loan monies for the housing portion of PROJECT; and
WHEREAS, SENIOR LP shall obtain any additional funding for all other amounts required to complete PROJECT that cannot be paid by CITY assistance; and
WHEREAS, SENIOR LP shall complete PROJECT’s Scope of Work, attached hereto as Exhibit “A” and incorporated by reference herein, for the construction of one manager’s unit and thirty-five (35) affordable housing units, that will remain affordable under a Regulatory Agreement for a period of fifty-five (55) years in accordance with Multifamily Housing Program Guidelines Section 7312 and California Health and Safety Code 50053.
NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and SENIOR LP mutually agree as follows:
1. DEFINITIONS.
1.1. “Activity" means soft and hard costs associated with the construction of PROJECT and paid for with all funding sources herein
///
BAKERSFIELD SENIOR LP - AFFORDABLE HOUSING AGREEMENT (LHTF) Page 5
1.2. “Assisted units” means thirty -five (35) one-bedroom units that will stay in compliance of this Agreement for the duration of the Period of Affordability as required by California Health and Safety Code 50053 , LHTF, TCC, and REAP requirements.
1.3. “Completion Guaranty ” means a completion guaranty agreement , executed by the guarantor, guaranteeing in favor of CITY the completion of the Scope of Work by SENIOR LP in the manner and within the time required by this Loan Agreement. The occurrence of either a Transfer or a Permitted Transfer shall not operate to totally or partially release the guarantor under the Completion Guaranty unless CITY expressly consents to such release in writing, which consent may be given or withheld in CITY’s sole and absolute discretion.
Notwithstanding the foregoing, in lieu of the Completion Guaranty, SENIOR LP may, in the same time and manner as required of the Completion Guaranty, obtain a performance bond, subject to CITY’S satisfaction and approval, or replace the guarantor on the Completion Guaranty. The approval or disapproval of the performance bond or replacement guarantor shall be within the sole and absolute discretion of CITY.
1.4. “Debt Service” means regularly scheduled payments of principal and interest made in a calendar year pursuant to the approved financing obtained for the ownership of PROJECT Property, which is senior in lien priority to any payment obligation with respect to the loan.
1.5. “Eligible Project Costs” means soft and hard construction costs related to PROJECT which are eligible for reimbursement in accordance with the appropriate guidelines for all funding sources.
1.6. "Loan" means all sources of funding from CITY to SENIOR LP to facilitate the construction of PROJECT to be paid back out of the Residual Receipts from PROJECT.
1.7. “Operating Expenses ” means actual, approved, reasonable and customary costs, fees and expenses directly attributable to the operation, recordkeeping, maintenance, taxes and management of PROJECT, including without limitation: a commercially reasonable property management fee, taxes and assessments; payroll and payroll taxes for property; employees; insurance; security; painting, cleaning, repairs, and alterations; landscaping; sewer charges, utility charges; advertising, promotion and publicity, cable telev ision, satellite and other similar services; office, janitorial, cleaning and building supplies; approved recreational amenities and supplies; purchase, repair, servicing and installation of appliances, equipment, fixtures and furnishing; fire alarm monito ring; fees and expenses of accountants, attorneys, consultants and other professionals that are directly BAKERSFIELD SENIOR LP - AFFORDABLE HOUSING AGREEMENT (LHTF) Page 6 attributable to PROJECT and which are customarily incurred in the operations of projects comparable to PROJECT. The Operating Expenses shall be reported in the Annual Financing Statement.
Expenses for the purpose of calculating Residual Receipts are subject to CITY approval and shall be calculated on an accrual basis.
Operating Expenses shall not include long-term capital improvements (other than the maintenance of the Replacement Reserve Fund) , repairs or replacements paid out of insurance proceeds received by SENIOR LP, or depreciation of buildings, or other similar non-cash items of expense or deduction from income.
1.8. “Payment Date” means within thirty (30) days of approval of Residual Receipts from CITY of the year following PROJECT Completion and after the end of SENIOR LP ’s fiscal year with respect to the preceding fiscal year.
1.9. “Period of Affordability ” means a fifty -five (55) year time period as required by Multifamily Housing Program Guidelines Section 7312 and California Health and Safety Code 50053 beginning at PROJECT Completion.
1.10. "PROJECT" means the Scope of Work described in Exhibit “A”.
1.11. "PROJECT Completion" means the date Certificate of Occupancy is issued for PROJECT Property.
1.12. “PROJECT Property” means that certain real property located on 530 4th Street, Bakersfield, California, 93304, more specifically described in the Legal Description attached hereto as Exhibit “B” and incorporated by reference herein.
1.13. “Replacement Reserve Fund” means the fund, which shall be used in the future to replace furniture, fixtures and equipment and to replace various aspects of the buildings (e.g., roof, landscape, etc.) and PROJECT Property.
1.14. “Residual Receipts” means, for each calendar year, Revenues less the sum of (i) Operating Expenses, (ii) Debt Service, (iii) Deposits to the Replacement Reserve Fund or other reserves required by PROJECT lenders and limited partners, (iv) deferred SENIOR LP fees, (v) amounts paid to the limited partner to pay for credit deficiencies, (vi) federal income tax liability, (vii) administration fees to partners, and (viii) unpaid property management fees. SENIOR LP shall begin making annual payments of principal and interest from CITY’s share of 50% of Residual Receipts in the year following PROJECT Completion, as defined herein,
in the order and priority set forth in SENIOR LP ’S
organizational documents. CITY shall apply such payments first to pay BAKERSFIELD SENIOR LP - AFFORDABLE HOUSING AGREEMENT (LHTF) Page 7 current annual interest due, then the cumulative interest owed, and then to reduce the principal amount of the Loan. If such calculation results in a negative number, Residual Receipts shall be zero (0) for that year.
1.15. “Revenues” means the sum of (i) all cash received from rents, lease payments and all other sources including, without limitation, rental assistance payments, but excluding (a) tenant security or other deposits (unless forfeited), (b) capital contributions and interest thereon, (c) proceeds from capital transactions and (d) interest on reserves not available for distribution, (ii) the net proceeds of any insurance (including rental interruption insurance), other than fire and extended coverage and title insu rance, to the extent not reinvested, and (iii) any other funds deemed available for distribution by SENIOR LP.
1.16. “Senior Households” means households meeting the definition and eligibility under the applicable provisions of California Civil Code Sections 51.3 and 51.3.5 and the federal Fair Housing Act.
2. CITY’S OBLIGATIONS.
2.1. Amount and Term of Loans. CITY shall loan SENIOR LP the following amounts:
2.1.1. AHTF Loans/PSVS: no more than FOUR MILLION ONE HUNDRED THOUSAND DOLLARS ($4,100,000), from CITY subject to the terms of this Agreement, to be enumerated as follows:
• LHTF Round 2 Loan in the amount of ONE MILLION EIGHT
HUNDRED TWENTY-SIX THOUSAND SIX HUNDRED FORTY-SEVEN
DOLLARS AND FIFTY CENTS ($1,826,647.50) and PSVS
Matching Fund Loan in the amount of ONE MILLION EIGHT
HUNDRED TWENTY-SIX THOUSAND SIX HUNDRED FORTY-SEVEN
DOLLARS AND FIFTY CENTS ($1,826,647.50), as enumerated in the AHTF NOFA dated May 12, 2023.
• LHTF Round 3 Loan in the amount of NINE HUNDRED TWENTY-
THREE THOUSAND THREE HUNDRED FIFTY -TWO DOLLARS AND
FIFTY CENTS ($223,352.50) and PSVS Matching Fund Loan in the amount of NINE HUNDRED TWENTY -THREE THOUSAND
THREE HUNDRED FIFTY -TWO DOLLARS AND FIFTY CENTS
($223,352.50), as enumerated in the AHTF NOFA dated April 18, 2025.
BAKERSFIELD SENIOR LP - AFFORDABLE HOUSING AGREEMENT (LHTF) Page 8
2.1.2. TCC Loan: no more than FIVE MILLION FIVE HUNDRED SEVENTY ONE THOUSAND NINE HUNDRED NINE DOLLARS ($5,571,909),
subject to the terms of this Agreement.
2.1.3. REAP Loan: no more than ONE HUNDRED SIXTY-SEVEN
THOUSAND FIVE HUNDRED THIRTY-SEVEN DOLLARS ($167,537),
subject to the terms of this Agreement.
The loans shall be due and payable fifty -five (55) years from the date of execution by SENIOR LP of a promissory note as required herein (“Maturity Date”), unless repaid sooner as set forth in this Agreement or the promissory note.
2.2. In the event SENIOR LP repays the Loan before the Maturity Date, SENIOR LP shall pay accrued interest up to that point. SENIOR LP shall pay simple interest at a rate of three percent (3%) per year. SENIOR LP shall begin making annual payments of principal and interest from Residual Receipts in the year following PROJECT Completion, as defined herein. Payments shall be made from CITY’s share of fifty percent (50%) of the Residual Receipts. CITY shall apply such payments first to pay current annual interest due, then the cumulative interest owed, and then to reduce the principal amount of the Loan.
2.3. If CITY does not receive funds from LHTF, PSVS, TCC, and/or REAP, CITY, at its option, may terminate or suspend this Agreement without any liability to SENIOR LP until CITY receives such funds. SENIOR LP shall not be entitled to any damages from CITY if CITY refuses to disburse funds until CITY receives funds, even if SENIOR LP has detrimentally relied upon this Agreement.
2.4. Disbursement of Funds. CITY shall not be obligated to disburse any funds pursuant to this Agreement until SENIOR LP has executed and recorded all of the following (herein “Required Documents”):
2.4.1. A Promissory Note and Deed of Trust for PROJECT Property. Such Deed of Trust shall be subject only to SENIOR LP’s permanent lender and any other matters of record reasonably acceptable to CITY. The Deed of Trust shall secure all SENIOR LP’s promises extended to CITY in this Agreement.
2.4.2. A Regulatory Agreement against PROJECT Property.
2.4.3. Payments shall be made to SENIOR LP upon SENIOR LP’s submittal to CITY of a monthly certified claim executed by a properly designated official of SENIOR LP indicating the percentage of PROJECT that has been completed. Said
BAKERSFIELD SENIOR LP - AFFORDABLE HOUSING AGREEMENT (LHTF) Page 9 certified claims shall be itemized and properly documented to clearly show the items, tasks or services for which payment is being claimed and the basis for cost computation whether by cost per hour, cost per weight, cost per task or other
measurement as agreed by and between SENIOR LP and CITY, as more fully described in the attached Scope of Work . Further, requests for disbursement of funds under this Agreement cannot be made until funds are needed to pay of eligible costs and such requests are limited to the amounts needed.
2.4.4. After receipt by CITY of a satisfactory monthly certified claim for construction costs, including any required labor standards documentation (payroll forms, employee interviews, and other construction compliance monitoring actions), soft costs, including but not limited to, impact fees and PROJECT design costs, CITY shall make a payment to SENIOR LP in the amount of ninety-five percent (95%) of CITY’s pro rata portion of the construction costs incurred by the SENIOR LP within thirty (30) days of approval of a certified claim. The balance of the cumulative five percent (5%) retention from each claim shall be paid to SENIOR LP when PROJECT is deemed complete by
PROJECT's architect.
2.4.5. SENIOR LP shall not be reimbursed or otherwise compensated for any expenditures incurred or services provided prior to the Effective Date, or following the earlier of the expiration or termination of this Agreement unless agreed to by CITY. CITY shall only reimburse SENIOR LP for documented expenditures incurred during the Agreement Term that are: (i) reasonable and necessary to carry out the services described in the Scope of Work, (ii) documented by contracts or other evidence of liability consistent with established CITY and SENIOR LP procedures; and (iii) incurred in accordance with all applicable requirements for the expenditure of funds payable under this Agreement.
2.5. Reimbursement Payments . CITY agrees to reimburse "claims for payment" directly to SENIOR LP within thirty (30) days after CITY receives a satisfactory "claim for payment." SENIOR LP shall use the bi-monthly invoicing template attached hereto as Exhibit “ C,” and incorporated by reference herein, to properly itemize and document claims for payment to show clearly the items, tasks, or BAKERSFIELD SENIOR LP - AFFORDABLE HOUSING AGREEMENT (LHTF) Page 10 services for which SENIOR LP claims reimbursement setting forth actual expenditures of SENIOR LP in accordance with this Agreement. SENIOR LP shall also describe the basis for computation: cost per hour, cost per weight, cost per task, or other measurement as CITY may specify. CITY may refuse to pay any claim until explained to CITY's satisfaction.
2.6. Expenditure deadline . The expenditure deadline for Funding sources under this Agreement shall be as follows:
• REAP November 30, 2026
• TCC March 10, 2029
• LHTF December 31, 2030
3. SENIOR LP'S OBLIGATIONS.
3.1. Financing of PROJECT. SENIOR LP shall provide all other funding for all other amounts required to complete PROJECT that cannot be paid for by CITY’s assistance.
3.2. Security for Performance Hereunder. SENIOR LP and/or General Contractor shall cause certain subcontractors to provide a performance (completion) bond and a payment bond (labor and materials bond), each in the amount of one hundred percent (100%) of the estimated cost of the work that is the subject of the subcontract ten (10) days prior to commencement of the work under such subcontract. Such payment and performance bonds shall be issued by a surety company admitted and licensed in California with an AM Best rating of "A" or better and approved by CITY and naming CITY as beneficiary. These bonds must be in a form approved by CITY’s legal counsel. Notwithstanding the foregoing, in the event that SENIOR LP ’s lender waives the requirement for payment and performance bonds, CITY may also waive any such requirement.
3.3. Permits. SENIOR LP shall, at its own expense, secure, or cause to be secured, any and all permits which may be required by CITY or any other governmental or private agency affected by or having jurisdiction over PROJECT Property or services. This includes but is not limited to SENIOR LP securing all zoning, building, and local land use approvals.
3.4. Compliance with All Laws. SENIOR LP shall, at SENIOR LP ’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 BAKERSFIELD SENIOR LP - AFFORDABLE HOUSING AGREEMENT (LHTF) Page 11 and federal statutes, rules or regulations, and permitting requirements now in force or which may hereafter be in force including, without limitation:
3.4.1. Local and Federal Laws. SENIOR LP shall obey all CITY regulations now or hereafter enacted to facilitate administration applicable to PROJECT. SENIOR LP shall become familiar with the
appropriate statutes, regulations, and guidelines governing PROJECT. SENIOR LP shall obey all Federal regulations and guidelines now or hereafter enacted pursuant now or hereafter in effect.
3.4.2. City Tax Certificate. SENIOR LP shall obtain a CITY business tax certificate (Bakersfield Municipal Code Chapter 5.02) where required.
3.4.3. Prevailing Wage. If applicable, SENIOR LP shall pay prevailing wages to all workers employed on public works PROJECT’ s, as defined by California Labor Code. Upon request by CITY, when required per the California Labor Code, SENIOR LP must submit to CITY proof of registering PROJECT with the California Department of Industrial Relations (DIR).
3.4.4. Nondiscrimination. SENIOR LP shall not discriminate or segregate against any person or group of persons on account of race, color, creed, religion, sex, sexual orientation, marital status, national origin, ancestry or disability in the performance of this Agreement or use of the Property.
3.5. Landscaping and Maintenance of PROJECT. SENIOR LP shall maintain PROJECT, the parking facilities and landscaping in a good condition and shall keep PROJECT free from any accumulation of debris or waste materials prior to and after construction. Maintenance shall include, but is not limited to, programmed watering, consistent fertilizing, weed control, cleaning, pruning, trimming, pest control and cultivating .
Landscape structural features shall be maintained in sound structural and attractive conditions. All plant material shall be serviced by a permanently installed, electrica lly automated sprinkler system.
Replacement planting must conform to the original intent of the landscape design. Installation of landscape materials shall be in accordance with commonly accepted methods of installation. Trees shall be the equivalent to minimum fifteen (15) gallon container size or larger and shall be vigorous and healthy when planted. Shrubs shall be a minimum of five (5) gallon container size or larger and shall be vigorous and healthy when planted. Live vegetative matter shall cover no less than seventy -five percent (75%) of the required landscaped area at its maturity.
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3.5.1. If, at any time, SENIOR LP fails to maintain the landscaping as required by this Agreement or CITY standards, and the condition is not corrected within a reasonable time from the date of written notice to correct from CITY, CITY may perform the necessary landscaping maintenance, and SENIOR LP shall pay all such costs as are reasonably incurred for such maintenance.
3.6. Rights of Access. For the purpose of assuring compliance with this Agreement, representatives of CITY and California Department of Housing and Community Development Staff shall have reasonable right of access to PROJECT Property without charges or fees and at normal construction hours during the period of construction and throughout the fifty-five (55) year affordability period for the purposes of this Agreement, including, but not limited to, the inspection of the work being performed in constructing the improvements provided, however, such inspections shall not unreasonably interfere with the construction work in progress. This provision shall not be construed to replace or modify inspection requirements arising out of the issuance of building permits or land use entitlements. The California Department of Housing and Community Development reserves the right to inspect any site upon which the Work is being performed; and DEVELOPER shall cause to be inserted in any subcontract for performance of the Work a pr ovision permitting the California Department of Housing and Community Development or its agents the right to inspect the work - site at any reasonable time.
3.7. Miscellaneous. SENIOR LP shall comply with all applicable programmatic requirements as required by the State of California in the implementation of the TCC program. The se requirements are outlined in Exhibit “D” attached hereto and incorporated by reference herein.
3.8. Reporting Requirements. SENIOR LP shall provide CITY with Metrics/Reporting items on a bi-monthly basis, starting upon execution of this Agreement, as well as an annual report documenting progress in meeting program objectives, in a format and method to be specified by the SGC. Items to be reported on are shown in Exhibit “E” and Exhibit “F,” attached hereto and incorporated by reference herein.
3.9. Program Regulations and Guidelines. SENIOR LP shall comply with all applicable local and state regulations, including but not limited to, the following:
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3.9.1. Relocation Assistance and Acquisition Policies . This Agreement is subject to the requirements of State Relocation Assistance Law (CA Government Code Section 7260- 7277)
and Title 25, CCR Section 6000 -6198, and any other local, state, or federal requirements which apply to PROJECT and its relocation of existing tenants . In the event relocation assistance must be provided to any person or entity as a result of PROJECT, SENIOR LP shall be solely responsible for the payment thereof.
3.9.2. Initial rents shall be charged in accordance with the Initial Rent Schedule outlined in Exhibit “G” of this Agreement, attached hereto and incorporated by reference herein. Further, rent increases shall be approved when in accordance with the procedure identified in Exhibit “G.” Throughout the required fifty- five (55) year Period of Affordability, thirty -five (35) affordable housing units will be designated for low -income seniors earning up to 60% of the Area Median Income (AMI) as required by Multifamily Housing Program Guidelines Section 7312 , California Health and Safety Code 50053, a nd in accordance with LHTF Program funding requirements beginning at PROJECT
Completion.
3.9.3. As required by the California Department of Housing and Community Development (HCD) as a condition of the LHTF Program, during the Construction Period, if Borrower elects to place a sign or signs identifying PROJECT that is visible to the public, Borrower shall include the following language on the sign, “Funding provided by the Local Housing Trust Fund and the California Department of Housing and Community
Development.” If the Borrower does not elect to place a sign on the Property identifying PROJECT, The California Department of Housing and Community Development may place one or more signs on the property stating that it is providing financing for the development.
3.9.4. In the event of amendments to these loan documents, CITY shall submit copies of all trust fund loan guidelines and underwriting standards and procedures for review and approval from HCD.
3.10. Records and Audits. SENIOR LP shall maintain records sufficient to show it has reasonably complied with all applicable provisions and requirements of this Agreement.
3.10.1. Records and Reports. SENIOR LP shall create and retain accurate records of SENIOR LP's efforts to manage PROJECT and results of those efforts. At least annually, but more often if BAKERSFIELD SENIOR LP - AFFORDABLE HOUSING AGREEMENT (LHTF) Page 14 requested by CITY, SENIOR LP will deliver to CITY, a report which includes, at a minimum, the following:
3.10.1.1. Identification of each applicant's referral source; and
3.10.1.2. Family income, rent paid to SENIOR LP , family size, race, ethnicity, gender and disability status of each
person who is a tenant during the reporting period;
and
3.10.1.3. Race, ethnicity, gender and disability status of each applicant; and
3.10.1.4. Level of revenues, reserves, occupancy rates and operating and debt-service costs; and
3.10.1.5. The amount, and proper allocation, of Residual Receipts, as described in this Agreement; and
3.10.1.6. Financial reports showing the availability and/or payment of loan principal and interest out of Residual
Receipts. Additionally, financial statements shall
show the financial condition and continued financial
viability of PROJECT.
3.10.2. Audits. Upon the written request of CITY, SENIOR LP shall arrange, at its own expense, the performance of a “ Single Audit” of its entire operations by an independent auditor in accordance with CITY policies. In such a case, the auditor shall deliver results of said audit to CITY within thirty (30) days of the audit’s completion. CITY’s acceptance of SENIOR LP ’s audit reports does not prohibit CITY from performing any additional audit work CITY deems to be necessary.
3.10.3. Record Retention. SENIOR LP shall maintain all records related to the financing of PROJECT for no less than five (5) years after PROJECT’s completion. Additionally, all individual tenant income verifications, names, addresses, PROJECT rents and PROJECT inspections must be retained for the most recent five (5) year period, until five (5) years after the affordability period terminates. Any agreement between SENIOR LP and its
independent auditor shall provide for access, during normal business hours, to the i ndependent auditor's work papers, by CITY auditors, or their authorized agents. SENIOR LP 's independent auditor shall retain, for review purposes, audit work papers for five (5) years from date of audit completion, or until four (4) years after all audit -related issues are resolved, BAKERSFIELD SENIOR LP - AFFORDABLE HOUSING AGREEMENT (LHTF) Page 15 whichever occurs later. SENIOR LP shall maintain all records related to this Agreement for five (5) years from PROJECT Completion. CITY reserves the right to review all records required under the Program. Further, SENIOR LP agrees to make documents available for review by any agency
associated with the requirement of PROJECT Property and its services involved in ensuring PROJECT’s compliance.
3.10.4. Accounting Records. SENIOR LP shall maintain accurate accounting records and other written documentation
pertaining to all costs incurred in performance of this Agreement. Such records and documentation shall be kept at SENIOR LP's office during the term of this Agreement, and for a period of five (5) years from the date of the final payment hereunder and made available to CITY representatives upon request at any time during regular business hours.
3.10.5. Procurement and Allowable Costs . SENIOR LP shall procure all subcontractors in a manner which encourages
competition, is open to qualified participants, and does not unduly restrict participation. Further, all procurement will comply with all applicable local procurement requirements SENIOR LP agrees to have a copy.
3.10.6. CITY Withholding of Funds. CITY may withhold funds from SENIOR LP if SENIOR LP is not complying with the terms of this Loan Agreement. Should CITY become subject to any
penalties resulting from failure by SENIOR LP , or SENIOR LP 's agent to comply with all applicable laws and regulations, SENIOR LP shall be solely liable for any such penalties and shall fully reimburse CITY for any payments made or funding lost as a result.
4. USES OF PROJECT. SENIOR LP covenants and agrees for itself, its successors, its assigns and every successor in interest , that during construction and thereafter, all assisted units constructed at PROJECT Property will remain affordable to qualifying low-income seniors earning up to 60% of the AMI of Kern County for a minimum affordability period of fifty-five (55) years from the date of PROJECT Completion, in accordance with Multifamily Housing Program Guidelines Section 7312, California Health and Safety Code 50053 and LHTF Program,
TCC Program, and REAP Program funding requirements.
5. DEFAULTS, REMEDIES AND TERMINATION.
5.1. Defaults. Subject to the extensions of time for construction pursuant to the terms set forth in the Scope of Work, or otherwise pursuant to this Agreement, failure or delay by either party to perform any material BAKERSFIELD SENIOR LP - AFFORDABLE HOUSING AGREEMENT (LHTF) Page 16 term or provision of this Agreement constitutes an event of default under this Agreement. Except as may be otherwise provided herein, the party who so fails or delays must, upon discovering or receiving notice of such event of default, immediately commence to cure, correct, or remedy such failure or delay and shall complete such cure, correction, or remedy with reasonable diligence.
If SENIOR LP is not in full compliance with the terms of this Agreement at any time during the term of this Agreement after CITY has commenced to disburse Loan funds, CITY shall notify SENIOR LP of such noncompliance and SENIOR LP shall have sixty (60) days to cure. If SENIOR LP fails to cure the noncompliance, in addition to other rights and remedies permitted by the Loan documents or applicable law, CITY may proceed with any or all of the following remedies in any order or combination CITY may choose in its sole discretion:
5.1.1. Terminate this Agreement, in which event the entire principal amount outstanding, as well as any other monies advanced to SENIOR LP by CITY under the Loan documents including
administrative costs, shall immediately become due and
payable at the option of CITY; and
5.1.2. Bring an action in equitable relief (1) seeking the specific performance by SENIOR LP of the terms and conditions of the Loan documents, and/or (2) enjoining, abating, or preventing any violation of said terms and conditions, and/or (3) seeking declaratory relief; and
5.2. Remedies. The injured party shall give written notice of default to the party in default, specifying the default complained of by the injured party. Additionally, CITY shall notify SENIOR LP’s partners of any default by SENIOR LP. Except as required to protect against further damages, and except as otherwise expressly provided in this Agreement . Delay in giving such notice shall not constitute a waiver of any default nor shall it change the time of default; and
5.2.1. Except as otherwise expressly provided in this Agreement, any failures or delays by either party in asserting any of its rights or remedies as to any event of default shall not operate as a waiver of any default or any such rights or remedies. Delays by either party in asserting any of its rights and remedies shall not deprive either party of its right to institute and maintain any actions or proceedings, which it may deem necessary to
protect, assert or enforce any such rights or remedies; and
5.2.2. Upon the occurrence of an event of default, the defaulting party shall be liable to the non- defaulting party for damages BAKERSFIELD SENIOR LP - AFFORDABLE HOUSING AGREEMENT (LHTF) Page 17 caused by such default. Nothing in this Agreement precludes the instigation of an action for specific performance of the terms of this Agreement.
5.3. Limited Recourse. The Loan and obligations set forth in the L oan documents are limited recourse obligations of SENIOR LP , its officers, employees, partners or agents. Neither SENIOR LP nor any other party shall have any personal liability for repayment of the Loan, except for losses or damages relating to (a) fraud or willful misrepresentation and (b) failure to deliver any insurance or condemnation proceeds received by SENIOR LP to CITY or to otherwise apply such sums as required under the Deed of Trust to the extent of the insurance or condemnation proceeds not delivered. Except as otherwise provided herein, the sole recourse of CITY for repayment of the principal and interest shall be the exercise of CITY’s rights against PROJECT Property.
6. ASSIGNMENT. Neither this Agreement nor any rights, interests, duties, liabilities, obligations or responsibilities arising out of, concerning or related in any way to this Agreement (including, but not limited to, accounts, actions, causes of action, claims, damages, demands, liabilities, losses, obligations, or reckonings of any kind or nature whatsoever, for compensatory or exemplary and punitive damages, or declaratory, equitable or injunctive relief, whether based on contract, equity, tort or other theories of recovery provided for by the common or statutory law) may be assigned or transferred by any party.
Any such assignment is prohibited, and shall be unenforceable and otherwise null and void without the need for further action by the non- assigning party or parties.
6.1. Prohibition. Except as provided herein, neither this Agreement, nor any interest in it, may be assigned or transferred by any party without the prior written consent of all parties. Any such assignment will be subject to such terms and conditions as CITY and the California Department of Housing and Community Development may choose to impose.
6.2. Permitted Assignments and Transfers. The following transfers do not require the approval of CITY or the California Department of Housing & Community Development:
6.2.1. The admission of limited partners and any transfer of limited partnership interests in SENIOR LP and, any time after the end of the Tax Credit compliance period, a withdrawal of the limited partner from SENIOR LP.
6.2.2. The removal and replacement of SENIOR LP 's limited partner and general partner.
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7. BINDING EFFECT. The rights and obligations of this Agreement shall inure to the benefit of, and be binding upon, the parties to the Agreement and their heirs, administrators, executors, personal representatives, successors and assigns.
8. COMPLIANCE WITH ALL LAWS. SENIOR LP shall, at SENIOR LP ’s sole cost, comply with all of the requirements of municipal, state, and federal authorities now in force, or which may hereafter be in force, pertaining to this Agreement, and shall faithfully observe in all activities relating to or growing out of this Agreement all municipal ordinances and state and federal statutes, rules or regulations, and permitting requirements now in force or which may hereafter be in force including, without limitation, obtaining a City of Bakersfield business tax certificate (B akersfield Municipal Code Chapter
5.02) where required.
9. CONFLICTS OF INTEREST. SENIOR LP stipulates that corporately, or individually, the firm, its employees and subconsultants have no financial interest in either the success or failure of any PROJECT, which is dependent upon the result of the work prepared pursuant to this Agreement.
10. 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. COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which shall be considered as an original and be effective as such.
12. DIRECTION. SENIOR LP retains the right to control or direct the manner in which the services described herein are performed.
13. EFFECTIVE DATE. This Loan Agreement shall be in effect from the date of execution through the Period of Affordability, except that SENIOR LP shall retain records as required in this Loan Agreement. All loan obligations, including residual receipt payments and its related conditions, shall be in effect during the term of the loan.
14. EQUIPMENT. SENIOR LP will supply all equipment, tools, materials and supplies necessary to perform the services under this Agreement.
15. EXECUTION. This Agreement is effective upon the date first written above and is the product of negotiation and all parties are equally responsible for authorship of this Agreement. Section 1654 of the California Civil Code shall not apply to the interpretation of this Agreement.
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16. EXHIBITS. In the event of a conflict between the terms, conditions or specifications set forth in this Agreement and those in exhibits attached hereto, the terms, conditions, or specifications set forth in this Agreement shall prevail. All exhibits to which reference is made in this Agreement are deemed incorporated in this Agreement, whether or not actually attached.
17. FORCE MAJEURE. In addition to specific provisions of this Loan Agreement, a party hereunder shall not be deemed to be in default where delays or defaults are due to war, insurrection, strikes, walkouts, riots, floods, earthquakes, fires, casualties, acts of God, governm ental restrictions imposed or mandated by governmental entities, enactment of conflicting State or Federal laws or regulations, new or supplementary environmental regulations enacted by the state or federal government, or litigation (any of the foregoing, “Force Majeure”). An extension of time for such cause may be mutually agreed upon by the parties hereunder for the period of the enforced delay or longer.
18. FURTHER ASSURANCES. Each party shall execute and deliver such papers, documents, and instruments, and perform such acts as are necessary or appropriate, to implement the terms of this Agreement and the intent of the parties to this Agreement.
19. GOVERNING LAW. The laws of the State of California will govern the validity of this Agreement and its interpretation and performance. Any litigation arising in any way from this Agreement shall be brought in Kern County, California.
20. INCLUDED DOCUMENTS. Any bid documents, including, without limitation, special provisions and standard specifications and any Request for Proposals, Request for Qualifications and responses thereto relating to this Agreement are incorporated by reference as though fully set forth herein.
21. INDEMNITY. SENIOR LP shall indemnify, defend, and hold harmless CITY and CITY’s officers, agents and employees against any and all liability, claims, actions, causes of action or demands whatsoever against them, or any of them, before administrative or judicial tribunals of a ny kind whatsoever, arising out of, connected with, or caused by SENIOR LP or SENIOR LP ’s employees, agents, independent contractors, companies, or subcontractors in the performance of, or in any way arising from, the terms and provisions of this Agreement whether or not caused in part by a party indemnified hereunder, except for CITY’s sole active negligence or willful misconduct.
22. INDEPENDENT CONTRACTOR. This Agreement calls for SENIOR LP ’s performance of the Scope of Work as an independent contractor. SENIOR LP is not an agent or employee of CITY for any purpose and is not entitled to any of the benefits provided by CITY to its employees. This Agreement shall not be construed as forming a partnership or any other association with SENIOR LP other than that of an independent contractor.
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23. INSURANCE.
23.1 Types and Limits of Insurance. In addition to any other insurance or security required under this Agreement, SENIOR LP must procure and maintain, for the duration of this Agreement, the types and limits of insurance below (“Basic Insurance Requirements”).
23.1.1 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.
23.1.2 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 polic y must:
23.1.2.1 Provide contractual liability coverage for the terms of this Agreement;
23.1.2.2 Provide products and completed operations
coverage;
23.1.2.3 Provide premises, operations, and mobile equipment coverage; and
23.1.2.4 Contain an additional insured endorsement in favor of CITY and its mayor, council, officers, agents,
employees, and designated volunteers.
23.1.3 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, SENIOR LP 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.
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By executing this Agreement, SENIOR LP 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.
23.2 General Provisions Applying to All Insurance Types.
23.2.1 All policies required of SENIOR LP must be written on a first - dollar coverage basis or contain a deductible provision.
Subject to CITY’s advance approval, SENIOR LP 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 insur ance or which is intended to defeat the intent or protection of an additional insured.
23.2.2 All policies required of SENIOR LP 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 b e excess of SENIOR LP’s insurance and must not contribute with it.
23.2.3 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 less er 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.
23.2.4 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.
23.2.5 Full compensation for all premiums which SENIOR LP 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 BAKERSFIELD SENIOR LP - AFFORDABLE HOUSING AGREEMENT (LHTF) Page 22 made therefor or for additional premiums which may be
required by extensions of the policies of insurance.
23.2.6 It is further understood and agreed by SENIOR LP that its liability to CITY will not in any way be limited to or affected by the amount of insurance obtained and carried by SENIOR LP in connection with this Agreement.
23.2.7 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 SENIOR LP, and all subcontractors must agree in writing to be bound by the provisions of this section.
24. INVESTOR RIDER. The Investor Rider attached hereto as Exhibit “H” is incorporated by this reference as if set out in full.
25. KEY PERSONNEL. At request of CITY, SENIOR LP shall name all key personnel to be assigned to the work set forth herein. CITY reserves the right to approve key personnel, which approval shall not be unreasonably withheld. Once the key personnel are approved SENIOR LP shall not change such personnel without the approval of CITY.
26. LICENSES. SENIOR LP shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits and approvals which are legally required for SENIOR LP to practice its profession and perform the Scope of Work. If SENIOR LP is a corporation, at least one (1) officer or key employee shall hold the required licenses or professional degrees. If SENIOR LP is a partnership, at least one (1) partner shall hold the required licensees or professional degrees.
27. MERGER AND MODIFICATION. This Agreement sets forth the entire agreement between the parties and supersedes all other oral or written representations.
This Agreement may be modified only in a writing approved by the City Council and signed by all the parties.
28. NEGATION OF PARTNERSHIP. CITY shall not become or be deemed a partner or joint venture with SENIOR LP or associate in any such relationship with SENIOR LP by reason of the provisions of this Loan Agreement. SENIOR LP shall not, for any purpose, be considered an agent, officer, or employee of CITY.
29. NO WAIVER OF DEFAULT. The failure of any party to enforce against another party any provision of this Agreement shall not constitute a waiver of that party's right to enforce such a provision at a later time and shall not serve to vary the terms of this Agreement.
30. NON-INTEREST. No CITY officer or employee shall hold any interest in this Agreement (California Government Code section 1090).
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31. NOTICES. All notices relative to this Agreement shall be given in writing and shall be personally served or sent by certified, commercial delivery service, or registered mail and be effective upon actual personal service, delivery by commercial delivery services or four (4) calendar days after depositing in the United States mail. The parties shall be addressed as follows or at any other address designated by notice:
CITY: BAKERSFIELD CITY HALL
1600 Truxtun Avenue
Bakersfield, California 93301
SENIOR LP: BAKERSFIELD SENIOR LP
601 24th Street
Bakersfield, California 93301
WITH A COPY TO: GOLDFARB & LIPMAN LLP
Attn: Isabel L. Brown
1300 Clay Street, 11th Floor
Oakland, California 94612
32. REMEDIES. The remedies provided in this Loan Agreement are cumulative and are in addition to any other remedies in law or equity, which may be available to CITY. The election of one (1) or more remedies shall not bar the use of other remedies unless the circumstanc es make the remedies incompatible
33. RESOURCE ALLOCATION. All CITY obligations under the terms of this Agreement are subject to the appropriation and allocation of resources by the City Council.
34. SB 854 COMPLIANCE. To the extent Labor Code Section 1771.1 applies to this Agreement, a contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, be subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. It is not a violation of Labor Code Section 1771.1 for an unreg istered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Labor Code Sec tion 1725.5 at the time the contract is awarded. The prime contractor is required to post job site notices in compliance with California Code of Regulations, Title 8, Section 16451. This PROJECT is subject to compliance monitoring and enforcement by the California DIR.
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35. SEVERABILITY. If any provision of this Loan Agreement is held invalid, the remainder of the Loan Agreement shall not be affected thereby, and all other parts of this Loan Agreement shall nevertheless be in full force and effect.
36. STANDARD OF PERFORMANCE. The Scope of Work shall be performed in conformity with all legal requirements and industry standards observed by a specialist of SENIOR LP’s profession in California.
37. STARTING WORK. SENIOR LP shall not begin work until authorized to do so in writing by CITY. No work will be authorized before the date first written above.
38. SUBORDINATION OF AFFORDABILITY RESTRICTIONS. CITY finds that an economically feasible method of financing for the construction and operation of PROJECT , without the subordination of the affordable housing covenants as may be set forth in this Loan Agreement and the Regulatory Agreement, is not reasonably available. CITY shall make affordable housing covenants set forth in this Loan Agreement and the Regu latory Agreement junior and subordinate to the deeds of trusts and other documents required in connection with the construction and permanent financing for PROJECT approved by CITY. Any subordination agreement entered into by CITY shall contain written commitments, which CITY finds are reasonably designed to protect Agency’s investment in the event of default under such senior housing.
39. TAX NUMBERS.
SENIOR LP Federal Tax ID Number: 41-4215386
Is SENIOR LP a corporation? Yes: No: X . (Please check one.)
40. THIRD-PARTY CLAIMS. In the case of public works contracts, CITY will timely notify SENIOR LP of third-party claims relating to this Agreement. CITY shall be allowed to recover from SENIOR LP, and SENIOR LP shall pay on demand, all costs of notification.
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41. TITLE TO DOCUMENTS. All documents, plans, and drawings, maps, photographs, and other papers, or copies thereof prepared by SENIOR LP pursuant to the terms of this Agreement, shall, upon preparation, become CITY property.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date first written above.
“CITY” “SENIOR LP”
CITY OF BAKERSFIELD BAKERSFIELD SENIOR LP
By:________________________________ By:________________________________ KAREN GOH STEPHEN M. PELZ
Mayor Executive Director
APPROVED AS TO CONTENT: MANAGING GENERAL PARTNER:
ECONOMIC AND COMMUNITY GEAHI BAKERSFIELD SENIOR LLC,
DEVELOPMENT DEPARTMENT a California limited liability company
By:_______________________________ By: Golden Empire Affordable JENNIFER M. BYERS Housing, Inc., a California nonprofit Director public benefit corporation, its sole
member and manager
By: _____________________________
STEPHEN M. PELZ
Executive Director
ADMINISTRATIVE GENERAL PARTNER:
KERN BAKERSFIELD SENIOR LLC,
a California limited liability company
By: Housing Authority of the County of
Kern, a public body, corporate
and politic, its sole member and
manager
By: _______________________________
STEPHEN M. PELZ
Executive Director
APPROVED AS TO FORM: COUNTERSIGNED:
City Attorney: ____________________________ Finance Director: ____________________________
VIRGINIA GENNARO RANDY MCKEEGAN
Insurance:___________
Attachment(s): Exhibit A Exhibit C Exhibit E Exhibit G Exhibit B Exhibit D Exhibit F Exhibit H
BAKERSFIELD SENIOR LP - AFFORDABLE HOUSING AGREEMENT (LHTF) Page A -1 Exhibit “A”
SCOPE OF WORK
Purpose:
The BSC will replace the existing aging senior center facility located at 530 4th Street, Bakersfield, CA 93304 . The proposed project site is located in central Bakersfield near community amenities such as parks, transportation, medical care, and other recreational activities. The new facility will improve the Lowell neighborhood by creating an attractive architect urally designed building for seniors to live in a safe, healthy, thriving, and resilient community.
The new affordable housing development will feature thirty -five (35) one - bedroom units reserved for qualifying low-income seniors earning less than 60% of the Area Median Income (AMI). Seventeen (17) of the 1 -bedroom units will be affordable to senior households with income at or below 30% AMI, seven (7) units will serve seniors with income at or below 50% AMI, and eleven (11) units will serve seniors at or below 60% AMI, in accordance with Multifamily Housing Program Guidelines Section 7312 and California Health and Safety Code 50053. The development will include at least 4 ADA units. Upon completion of the BSC, the Housing Authority of Kern County will professionally manage the affordable housing units and its amenities.
Description:
CITY’s contribution of NINE MILLION EIGHT HUNDRED THIRTY-NINE THOUSAND FOUR HUNDRED FORTY -SIX DOLLARS ($9,839,446) will be a loan to DEVELOPER at 3% simple interest, calculated from residual receipts, with a term of FIFTY -FIVE (55) years and secured by a Deed of Trust on the property. The Loan shall consist of:
• LHTF Round 2 Loan in the amount of ONE MILLION EIGHT
HUNDRED TWENTY -SIX THOUSAND SIX HUNDRED FORTY -SEVEN
DOLLARS AND FIFTY CENTS ($1,826,647.50) and PSVS Matching Fund Loan in the amount of ONE MILLION EIGHT HUNDRED
TWENTY-SIX THOUSAND SIX HUNDRED FORTY -SEVEN DOLLARS
AND FIFTY CENTS ($1,826,647.50), as enumerated in the AHTF NOFA dated May 12, 2023.
• LHTF Round 3 Loan in the amount of TWO HUNDRED TWENTY -
THREE THOUSAND THREE HUNDRED FIFTY -TWO DOLLARS AND
FIFTY CENTS ($223,352.50) and PSVS Matching Fund Loan in the amount of TWO HUNDRED TWENTY -THREE THOUSAND THREE
HUNDRED FIFTY-TWO DOLLARS AND FIFTY CENTS ($223,352.50), as enumerated in the AHTF NOFA dated April 18, 2025.
BAKERSFIELD SENIOR LP - AFFORDABLE HOUSING AGREEMENT (LHTF) Page A -2 • TCC Loan funds in the amount of FIVE MILLION FIVE HUNDRED
SEVENTY-ONE THOUSAND NINE HUNDRED NINE DOLLARS
($5,571,909).
• REAP Loan funds in the amount of ONE HUNDRED SIXTY -SEVEN THOUSAND FIVE HUNDRED THIRTY-SEVEN DOLLARS ($167,537).
Unit Distribution:
One-Bedroom Units:
17 units for households at or below 30% AMI
7 units for households at or below 50% AMI
11 units for households at or below 60% AMI
Other: 1 two-bedroom manager’s unit.
Construction Costs:
The TCC, REAP, LHTF and PSVS Loans will be used for eligible soft and hard construction costs. Under this Loan Agreement, costs which were incurred prior to the date of execution will be eligible for payment under this Loan Agreement. The following tables show the projected total sources of funds for the project and uses of the funds.
Sources/Uses of Funds:
Sources:
CITY LHTF Round 2 Loan $ 1,826,647.50
CITY LHTF Round 3 Loan $ 223,352.50
CITY PSVS Match Loan $ 2,050,000.00
REAP 2 Loan $ 167,537.00
TCC Loan $ 5,571,909.00
Tax Credit Equity $ 8,666,855.00
Bank Loan $ 2,100,000.00
Deferred Developer Fee $ 102,713.00
TOTAL $ $20,709,214.00
Uses:
Demolition $ 136,205.00
Construction Costs $ 15,000,626.00
Architectural Fees $ 538,953.00
Survey and Engineering $ 69,813.00
BAKERSFIELD SENIOR LP - AFFORDABLE HOUSING AGREEMENT (LHTF) Page A -3 Construction Loan Interest and Fees $ 708,465.00 Permanent Financing Costs $ 27,000.00
Legal Fees $ 207,500.00
Contingency Costs $ 812,694.00
Developer Costs $ 2,440,758.00
Reserves $ 106,500.00
Other $ 660,501.00
TOTAL $ $20, 709,214.00
Reporting:
DEVELOPER will be responsible for ensuring that all units funded by the AHTF, TCC, and REAP will have a required affordability period of fifty-five (55) years following Project Completion in accordance with Multifamily Housing Program Guidelines Section 7312 and California Health and Safety Code 50053. To ensure compliance, the CITY will monitor DEVELOPER's program on a yearly basis.
DEVELOPER will submit yearly reports each April 1
st, beginning after Project
Completion, to the CITY to ensure that each hous ing unit is being utilized, and occupied, for an affordable housing recipient. These annual reports will also include financial statements showing the availability and/or payment of loan principal and interest out of Residual Receipts. Additionally, financ ial statements shall be submitted annually to show the financial condition and continued financial viability of the project. The information required by the CITY in these reports will be given to DEVELOPER within 60 days of Council approval of this Loan Agreement.
Schedule of Performance:
Selection of General Contractor………………………………………...September 2023 Project Design Development……………………………………………..November 2023 Funding Applications Window…………………………………………...September 2025 Property Acquisition………………………………………………………..June 2025
All Financing Secured………………………………………………………December 2025 Close Construction Loan…………………………………………………..June 2026
Start Construction…………………………………………………………...June 2026
Marketing and leasing activity……………………………………………November 2027 Construction Completion………………………………………………….February 2028 100% Occupancy……………………………………………………………May 2028
BAKERSFIELD SENIOR LP - AFFORDABLE HOUSING AGREEMENT (LHTF) Page B -1 EXHIBIT “B”
Legal Description
Real property in the City of Bakersfield, County of Kern, State of California, described as follows:
FIRST FLOOR
PARCEL 2-A
All that real property situated in the City of Bakersfield, County of Kern, State of California, being a portion of PARCEL “A” as described in that Certificate of Compliance, recorded May 6, 2026 as Document Number 226051402, Official Records of Kern County, State of California, more particularly described as follows:
COMMENCING at the intersection of the Southerly line of said PARCEL “A” and the general Easterly line of said PARCEL “A”;
thence along said Southerly line, North 89°11’16” West, 82.57 feet;
thence leaving said Southerly line at a right angle, North 0°48’44” East, 62.72 feet to the POINT OF BEGINNING;
thence North 0°49’20” East, 10.13 feet;
thence at a right angle, North 89°10’40” West, 23.13 feet;
thence at a right angle, South 0°49’20” West, 10.13 feet to a line that bears North 89°10’40” West from the Point of Beginning;
thence along last said line, South 89°10’40” East, 23.13 feet to the POINT OF BEGINNING.
The hereinabove described parcel is bound below by a lower horizontal plane established at an elevation of 0.00 foot and above by an upper horizontal plane established at an elevation of 14.00 feet, both planes being parallel and extending through all points of the lateral boundary description described above.
The above elevations are based on the ground floor finish floor elevation of the building located on the Land Parcel having an elevation of 0.00 foot, assumed datum.
CONTAINING 234 square feet, more or less.
BAKERSFIELD SENIOR LP - AFFORDABLE HOUSING AGREEMENT (LHTF) Page B -2 PARCEL 2-B
All that real property situated in the City of Bakersfield, County of Kern, State of California, being a portion of PARCEL “A” as described in that Certificate of Compliance, recorded May 6, 2026 as Document Number 226051402, Official Records of Kern County, State of California, more particularly described as follows:
COMMENCING at the intersection of the Southerly line of said PARCEL “A” and the general Easterly line of said PARCEL “A”;
thence along said Southerly line, North 89°11’16” West, 82.57 feet;
thence leaving said Southerly line at a right angle, North 0°48’44” East, 62.72 feet;
thence North 0°49’20” East, 189.76 feet to the POINT OF BEGINNING;
thence at a right angle, North 89°10’40” West, 31.04 feet;
thence at a right angle, South 0°49’20” West, 7.68 feet;
thence at a right angle, North 89°10’40” West, 7.58 feet;
thence at a right angle, North 0°49’20” East, 7.73 feet;
thence at a right angle, North 89°10’40” West, 10.79 feet;
thence at a right angle, South 0°49’20” West, 54.04 feet;
thence at a right angle, North 89°10’40” West, 24.42 feet;
thence at a right angle, North 0°49’20” East, 65.47 feet;
thence at a right angle, South 89°10’40” East, 4.78 feet;
thence at a right angle, North 0°49’20” East, 9.09 feet;
thence at a right angle, South 89°10’40” East, 69.05 feet to a line that bears North 0°49’20” East from the Point of Beginning;
thence along last said line, South 0°49’20” West, 20.58 feet to the POINT OF
BEGINNING,
The hereinabove described parcel is bound below by a lower horizontal plane established at an elevation of 0.00 foot and above by an upper horizontal plane established at an elevation of 14.00 feet, both planes being parallel and extending through all points of the lateral boundary description described above.
BAKERSFIELD SENIOR LP - AFFORDABLE HOUSING AGREEMENT (LHTF) Page B -3
The above elevations are based on the ground floor finish floor elevation of the building located on the Land Parcel having an elevation of 0.00 foot, assumed datum.
CONTAINING 2,852 square feet, more or less.
A plat showing the above-described parcel is attached hereto and made a part hereof as Plat “A-2”.
This real property description has been prepared by me, or under my direction, in conformance with the Professional Land Surveyors Act.
SECOND FLOOR
PARCEL 2-A
All that real property situated in the City of Bakersfield, County of Kern, State of California, being a portion of PARCEL “A” as described in that Certificate of Compliance, recorded May 6, 2026 as Document Number 226051402, Official Records of Kern County, State of California, more particularly described as follows:
COMMENCING at the intersection of the Southerly line of said PARCEL “A” and the general Easterly line of said PARCEL “A”;
thence along said Southerly line, North 89°11’16” West, 82.57 feet;
thence leaving said Southerly line at a right angle, North 0°48’44” East, 62.72 feet to the POINT OF BEGINNING;
thence North 0°49’20” East, 10.13 feet;
thence at a right angle, North 89°10’40” West, 23.13 feet;
thence at a right angle, South 0°49’20” West, 10.13 feet to a line that bears North 89°10’40” West from the Point of Beginning;
thence along last said line, South 89°10’40” East, 23.13 feet to the POINT OF BEGINNING.
The hereinabove described parcel is bound below by a lower horizontal plane established at an elevation of 14.00 feet and above by an upper horizontal plane established at an elevation of 28.00 feet, both planes being parallel and extending through all points of the lateral boundary description described above.
The above elevations are based on the ground floor finish floor elevation of the building located on the Land Parcel having an elevation of 0.00 foot, assumed datum.
BAKERSFIELD SENIOR LP - AFFORDABLE HOUSING AGREEMENT (LHTF) Page B -4
CONTAINING 234 square feet, more or less.
PARCEL 2-B
All that real property situated in the City of Bakersfield, County of Kern, State of California, being a portion of PARCEL “A” as described in that Certificate of Compliance, recorded May 6, 2026 as Document Number 226051402, Official Records of Kern County, State of California, more particularly described as follows:
COMMENCING at the intersection of the Southerly line of said PARCEL “A” and the general Easterly line of said PARCEL “A”;
thence along said Southerly line, North 89°11’16” West, 82.57 feet;
thence leaving said Southerly line at a right angle, North 0°48’44” East, 62.72 feet;
thence North 0°49’20” East, 189.76 feet to the POINT OF BEGINNING;
thence at a right angle, North 89°10’40” West, 29.58 feet;
thence at a right angle, North 0°49’20” East, 6.75 feet;
thence at a right angle, South 89°10’40” East, 5.54 feet;
thence at a right angle, North 0°49’20” East, 13.83 feet;
thence at a right angle, South 89°10’40” East, 24.04 feet to a line that bears North 0°49’20” East from the Point of Beginning;
thence along last said line, South 0°49’20” West, 20.58 feet to the POINT OF BEGINNING.
The hereinabove described parcel is bound below by a lower horizontal plane established at an elevation of 14.00 feet and above by an upper horizontal plane established at an elevation of 28.00 feet, both planes being parallel and extending through all points of the lateral boundary description described above.
The above elevations are based on the ground floor finish floor elevation of the building located on the Land Parcel having an elevation of 0.00 foot, assumed datum.
CONTAINING 532 square feet, more or less.
BAKERSFIELD SENIOR LP - AFFORDABLE HOUSING AGREEMENT (LHTF) Page B -5 PARCEL 2-C
All that real property situated in the City of Bakersfield, County of Kern, State of California, being a portion of PARCEL “A” as described in that Certificate of Compliance, recorded May 6, 2026 as Document Number 226051402, Official Records of Kern County, State of California, more particularly described as follows:
COMMENCING at the intersection of the Southerly line of said PARCEL “A” and the general Easterly line of said PARCEL “A”;
thence along said Southerly line, North 89°11’16” West, 82.57 feet;
thence leaving said Southerly line at a right angle, North 0°48’44” East, 62.72 feet;
thence North 0°49’20” East, 189.76 feet;
thence at a right angle, North 89°10’40” West, 29.58 feet;
thence at a right angle, North 0°49’20” East, 6.75 feet;
thence at a right angle, South 89°10’40” East, 5.54 feet;
thence at a right angle, North 0°49’20” East, 13.83 feet;
thence at a right angle, North 89°10’40” West, 26.06 feet to the POINT OF BEGINNING;
thence at a right angle, South 0°49’20” West, 9.93 feet;
thence at a right angle, North 89°10’40” West, 8.38 feet;
thence at a right angle, North 0°49’20” East, 9.93 feet to a line that bears North 89°10’40” West from the Point of Beginning;
thence along last said line, South 89°10’40” East, 8.38 feet to the POINT OF BEGINNING.
The hereinabove described parcel is bound below by a lower horizontal plane established at an elevation of 14.00 feet and above by an upper horizontal plane established at an elevation of 28.00 feet, both planes being parallel and extending through all points of the lateral boundary description described above.
The above elevations are based on the ground floor finish floor elevation of the building located on the Land Parcel having an elevation of 0.00 foot, assumed datum.
CONTAINING 83 square feet, more or less.
BAKERSFIELD SENIOR LP - AFFORDABLE HOUSING AGREEMENT (LHTF) Page B -6
A plat showing the above-described parcel is attached hereto and made a part hereof as Plat “A-3”.
This real property description has been prepared by me, or under my direction, in conformance with the Professional Land Surveyors Act.
THIRD AND FOURTH FLOORS
PARCEL 2
All that real property situated in the City of Bakersfield, County of Kern, State of California, being a portion of PARCEL “A” as described in that Certificate of Compliance, recorded May 6, 2026 as Document Number 226051402, Official Records of Kern County, State of California, more particularly described as follows:
COMMENCING at the intersection of the Southerly line of said PARCEL “A” and the general Easterly line of said PARCEL “A”;
thence along said Southerly line, North 89°11’16” West, 82.57 feet;
thence leaving said Southerly line at a right angle, North 0°48’44” East, 62.72 feet to the POINT OF BEGINNING;
thence North 00°49’20” East, 210.34 feet;
thence at a right angle, North 89°10’40” West, 58.48 feet;
thence at a right angle, South 0°49’20” West, 9.09 feet;
thence at a right angle, North 89°10’40” West, 15.35 feet;
thence at a right angle, South 0°49’20” West, 201.24 feet to a line that bears North 89°10’40” West from the Point of Beginning;
thence along last said line, South 89°10’40” East, 73.83 feet to the POINT OF BEGINNING.
The hereinabove described parcel is bound below by a lower horizontal plane established at an elevation of 28.00 feet and above by an upper horizontal plane established at an elevation of 50.00 feet, both planes being parallel and extending through all points of the lateral boundary description described above.
The above elevations are based on the ground floor finish floor elevation of the building located on the Land Parcel having an elevation of 0.00 foot, assumed datum.
BAKERSFIELD SENIOR LP - AFFORDABLE HOUSING AGREEMENT (LHTF) Page B -7 CONTAINING 15,390 square feet, more or less.
A plat showing the above-described parcel is attached hereto and made a part hereof as Plat “A-4”.
This real property description has been prepared by me, or under my direction, in conformance with the Professional Land Surveyors Act.
ROOF AND ABOVE
PARCEL 1
All that real property situated in the City of Bakersfield, County of Kern, State of California, being PARCEL “A” as described in that Certificate of Compliance, recorded May 6, 2026 as Document Number 226051402, Official Records of Kern County, State of California.
The hereinabove described parcel is bound below by a lower horizontal plane established at an elevation of 50.00 feet and extending above to infinity.
The above elevations are based on the ground floor finish floor elevation of the building located on the Land Parcel having an elevation of 0.00 foot, assumed datum.
CONTAINING 74,539 square feet, more or less.
A plat showing the above-described parcel is attached hereto and made a part hereof as Plat “A-5”.
This real property description has been prepared by me, or under my direction, in conformance with the Professional Land Surveyors Act.
BAKERSFIELD SENIOR LP - AFFORDABLE HOUSING AGREEMENT (LHTF) Page C -1 EXHIBIT "C"
BI-MONTHLY INVOICE FORM
[TO BE PRINTED ON GRANTEE LETTERHEAD]
Date:
TRANSFORMATIVE CLIMATE COMMUNITIES PROGRAM
IMPLEMENTATION GRANT - BIMONTHLY INVOICE SUMMARY
Grantee: Grant Number:
TCC Project Name: Round #:
Period #: Reporting Period Dates: [START
DATE] [END DATE]
Authorized Signatory: (Name) (Position)
By my signature below, I certify that I have full authority to execute this payment request on behalf of the Grantee. I declare under penalty of perjury, under the laws of the State of California, that this invoice for reimbursement, and any accompanying supporting documents, for the above-mentioned Program are true and correct to the best of my knowledge, an all disbursements have been made for the purposes and conditions as outlined in the Grant Agreement.
Signature: Date:
TCC Grant Element Amount
Grantee Costs
Project #1
Project #2
Project #3
Project #4
Project #5
Project #6
Project #7
Project #8
Community Engagement Plan
Displacement Avoidance Plan
Workforce Development and Economic Opportunities
Plan
BAKERSFIELD SENIOR LP - AFFORDABLE HOUSING AGREEMENT (LHTF) Page C -2
Indicator
Tracking
Plan
TOTAL to be reimbursed this Period $-
Advance Pay Deduction
Total Reimbursement Requested $-
Total Budget
Total Invoiced to Date
Amount Remaining $-
Advance Pay Summary
Advance
Received
Advance
Balance
Current
Invoice Total
Amount Paid
Via Invoice
Remaining
Advance
Balance
Interest
Earned
BAKERSFIELD SENIOR LP - AFFORDABLE HOUSING AGREEMENT (LHTF) Page C -3
TRANSFORMATIVE CLIMATE COMMUNITIES PROGRAM
IMPLEMENTATION GRANT - INVOICE DETAIL
Complete this form for Grantee Costs, Funded Projects, Indicator Tracking Costs and Transformative Plans.
Grantee: Grant Number:
TCC Project Name: Round #:
Period #: Reporting Period Dates: [START
DATE] [END DATE]
[Insert Grantee Costs, Indicator Tracking, TCC
Project # and Name, or Transformative Plan
Name] Lead Entity: [Insert name]
TASK Cost
Description/Category Amount
Supporting
Documentation/Page
#
1 Subtotal $-
2 Subtotal $-
3 Subtotal $-
4 Subtotal $-
Travel
Subtotal $-
BAKERSFIELD SENIOR LP - AFFORDABLE HOUSING AGREEMENT (LHTF) Page C -4 Equipment
Subtotal $-
Indirect/Overhead
Subtotal $-
SUBTOTAL FOR THIS
PERIOD $-
BAKERSFIELD SENIOR LP - AFFORDABLE HOUSING AGREEMENT (LHTF) Page D -1 EXHIBIT "D"
PROGRAM REQUIREMENTS
SENIOR LP shall comply with all municipal, state, and federal laws now in force, or which may hereafter be in force, pertaining to this Agreement, specifically including but not limited to the following, if applicable:
SCOPE OF WORK: Exhibit A of Standard Agreement SGC23129 by and between the City of Bakersfield and the Strategic Growth Council
BUDGET AND SCHEDULE OF DELIVERABLES: Exhibit B of Standard Agreement SGC23129 by and between the City of Bakersfield and the Strategic Growth Council
SPECIAL TERMS AND CONDITIONS: Exhibit C of Standard Agreement SGC23129 by and between the City of Bakersfield and the Strategic Growth Council
TCC PROJECT AREA MAP: Exhibit D-1 of Standard Agreement SGC23129 by and between the City of Bakersfield and the Strategic Growth Council
TRANSFORMATIVE PLANS SUMMARY: Exhibit D -2 of Standard Agreement SGC23129 by and between the City of Bakersfield and the Strategic Growth Council (to be inserted with transformative plans)
INVOICING AND REPORTING TEMPLATES: Exhibit D-3 of Standard Agreement SGC23129 by and between the City of Bakersfield and the Strategic Growth Council
INDICATOR TRACKING TABLES: Exhibit D -4 of Standard Agreement SGC23129 by and between the City of Bakersfield and the Strategic Growth Council
CALFIRE URBAN GREENING STANDARDS: Exhibit D-5 of Standard Agreement SGC23129 by and between the City of Bakersfield and the Strategic Growth Council
AUTHORIZED SIGNATORY TEMPLATE: Exhibit D -6 of Standard Agreement SGC23129 by and between the City of Bakersfield and the Strategic Growth Council
CALFIRE URBAN GREENING STANDARDS: Exhibit D-7 of Standard Agreement SGC23129 by and between the City of Bakersfield and the Strategic Growth Council
BAKERSFIELD SENIOR LP - AFFORDABLE HOUSING AGREEMENT (LHTF) Page D -2 TCC GRANTEE PUBLICITY GUIDELINES: Exhibit D -8 of Standard Agreement SGC23129 by and between the City of Bakersfield and the Strategic Growth Council
TCC PARTNERSHIP AGREEMENT: Exhibit D -9 of Standard Agreement SGC23129 by and between the City of Bakersfield and the Strategic Growth Council
CERTIFICATE OF COMPLIANCE WITH RUSSIAN SANCTIONS: Exhibit D -10 of Standard Agreement SGC23129 by and between the City of Bakersfield and the Strategic Growth Council
AGREEMENT 23-REAP2-17908 between the Department of Housing and Community Development and the Kern Council of Governments
CHAPTER 3.15 (commencing with Section 50515.06), Part 2 of Division 31 of the Health and Safety Code
REGIONAL EARLY ACTION PLANNING GRANTS OF 2021 (REAP 2.0) – Final Guidelines for Metropolitan Planning Organizations
(Copies of the above provided upon request)
_________________________________________________
SENIOR LP’s Acknowledged Review
BAKERSFIELD SENIOR LP - AFFORDABLE HOUSING AGREEMENT (LHTF) Page E -1 EXHIBIT "E"
BI-MONTHLY REPORTING FORM
Grantee: Grant Number:
TCC Project Name: Round #:
Period #: Reporting
Period: [Start Date] to [End Date]
Authorized Signatory: [Name] [Position]
By my signature below, I certify that I have full authority to execute this payment request on behalf of the Grantee. I declare under penalty of perjury, under the laws of the State of California, that this invoice for reimbursement, and any accompanying supporting documents, for the above-mentioned Program are true and correct to the best of my knowledge, an all disbursements have been made for the purposes and conditions as outlined in the Grant Agreement.
Signature:
Date:
1. Summarize the administrative work (Grantee Direct and Indirect/Overhead Costs) completed by the Grantee during the reporting period:
Grantee Activities Grant Funds Spent
[INSERT Task # and Name] $
• Describe work completed (clearly label back billing with date and period #) • Use bullet points and be succinct
• Make sure to clearly align with the language used in Exhibit B (to ensure easy review)
• Bold any deliverables submitted
[INSERT Task # and Name] $
[INSERT Task # and Name] $
Total $
BAKERSFIELD SENIOR LP - AFFORDABLE HOUSING AGREEMENT (LHTF) Page E -2
2. Summarize the work completed during reporting period. Insert one table for each Funded Project and Transformative Plan.
[INSERT NAME OF FUNDED PROJECT OR PLAN] Lead Entity: [INSERT] Tasks Grant Funds Spent
[INSERT Task # and Name] $
• Describe work completed (clearly label back billing with date and period #) • Use bullet points and be succinct
• Make sure to clearly align with the language used in Exhibit B (to ensure easy review) Bold any deliverables submitted
[INSERT Task # and Name] $
[INSERT Task # and Name] $
[INSERT Task # and Name] $
Total $
3. Summarize the Indicator Tracking work completed during the reporting period:
[INSERT ITP 1 or 2] Grant Funds Spent
[INSERT Task # and Name] $
• Describe work completed (clearly label back billing with date and period #) • Use bullet points and be succinct
• Make sure to clearly align with the language used in Exhibit B (to ensure easy review) Bold any deliverables submitted
Total $
BAKERSFIELD SENIOR LP - AFFORDABLE HOUSING AGREEMENT (LHTF) Page F -1 EXHIBIT "F"
ANNUAL REPORTING FORM
TRANSFORMATIVE CLIMATE COMMUNITIES PROGRAM
ANNUAL PROGRESS REPORT
Grantee: Grant Number:
TCC Project Name: Round #:
Period #: Reporting
Period: [Start Date] to [End Date]
Authorized Signatory: [Name] [Position]
By my signature below, I certify that I have full authority to execute this payment request on behalf of the Grantee. I declare under penalty of perjury, under the laws of the State of California, that this invoice for reimbursement, and any accompanying supporting documents, for the above-mentioned Program are true and correct to the best of my knowledge, an all disbursements have been made for the purposes and conditions as outlined in the Grant Agreement. By signing this progress report, I also certify the information provided in the following annual deliverables:
• Annual Leverage Funding Report
• Annual Equipment Inventory Record
Signature:
Date:
Please respond to the following questions in 1 -3 paragraphs, or with clear bullet points:
Success Stories and Lessons Learned
1. Summarize the major grant milestones completed in the last year.
2. Please share any other success stories from the Project Area, and provide links to related media, as applicable.
3. Describe any “lessons learned” in this past year. Specifically highlight any lessons that may help current grantees, future applicants, or the State, in continued implementation of the projects, and program, respectively.
Challenges and Areas for Improvement
For each question below, please elaborate on: a) steps that the Grantee or Subrecipients are taking to improve, or b) actions or assistance needed from the State, as applicable.
4. Discuss any challenges experienced while implementing the grant.
5. Describe any issues faced when working with the technical assistance providers and/or program evaluation consultants.
BAKERSFIELD SENIOR LP - AFFORDABLE HOUSING AGREEMENT (LHTF) Page F -2
6. Describe any concerns related to administering the grant and/or working with the State.
Leverage Projects
7. Summarize each Leverage Project’s milestones and deliverables completed in the last year.
8. Summarize the leverage projects that have not met their planned milestones or timelines for the year. Describe the adjusted new timeline.
9. Describe any challenges and/or issues faced with implementing or monitoring stand-alone leverage projects.
Additional TCC-Related Investments
List any new, additional investments generated by the TCC grant or extended leverage commitments adopted after TCC grant execution. Only include additional leverage funding that was not originally included in the grant agreement.
Leverage
Project or
New
Investment
Funding Source
New Amount
Committed ($)
Dates
Committed
Description of
Project or New
Investment
(include
reference links,
if available)
BAKERSFIELD SENIOR LP - AFFORDABLE HOUSING AGREEMENT (LHTF) Page G -1 Exhibit “G”
Initial Rent Schedule and Rent Increased Procedure
As of the date hereof, the affordable housing unit rents are at the following levels in accordance with Multifamily Housing Program Guidelines Section 7312 and California Health and Safety Code 50053:
Initial Rent Schedule
# of
Bedrooms Unit Designation Unit
Count
Gross
Rent
Utility
Allowance Net Rent
1 30% AMI 17 $495 $106 $389
1 50% AMI 7 $825 $106 $719
1 60% AMI 11 $843 $106 $737
In the event that minor modifications to the gross rent, net rent, or utility allowance are required due to program modifications for compliance, the CITY is authorized to modify said rent schedule prior to initial occupancy.
If, at any point after initial occupancy, the property owner desires to increase the rents level for project units, the project owner shall submit, in writing, the proposed increase. This documentation shall identify the current gross rent, utility allowance, and net rent for the unit while identifying the proposed increased rate.
Additionally, the owners shall submit the project units (including street address and unit number) for the units in which the rent increase is being proposed.
The City of Bakersfield shall review the proposed increase in lieu of the project’s current utility allowance and applicable rent levels. If the rents are within the allowable LHTF rent limits, as determined by the HCD Multifamily Housing Program Guidelines Section 7312 and California Health and Safety Code 50053, the CITY shall approve the rent increases. However, if the rent increases are not within the allowable rent levels, the increase shall be denied.
When rent increases are proposed and approved/disapproved, both parties shall maintain documentation of the process.
BAKERSFIELD SENIOR LP - AFFORDABLE HOUSING AGREEMENT (LHTF) Page H -1 EXHIBIT “H”
INVESTOR RIDER
WHEREAS, CITY OF BAKERSFIELD ("Lender'') has made or will make a loan in the maximum principal amount of $9,839,446 (the "Loan") to BAKERSFIELD SENIOR LP, a California limited partnership ("Borrower") and the Loan will be secured by certain property located at 530 4th Street, Bakersfield, California (the “Project”);
WHEREAS, PNC Bank, National Association and Columbia Housing SLP Corporation, an Oregon corporation (together with their respective successors and assigns, each a "Limited Partner'' and together, the “Limited Partners”), are being admitted limited partners of Borrower as of the date hereof;
WHEREAS, as a condition to consenting to the Loan and becoming limited partners in the Borrower, each Limited Partner requires that the parties hereto grant certain protections to Limited Partners under any one or more of the documents (the "Loan Documents") evidencing or securing the Loan; and
WHEREAS, the parties hereto desire to grant such requests of Limited Partners.
NOW THEREFORE, notwithstanding anything to the contrary set forth in the Loan Documents, the parties make the covenants and representations set forth in this Investor Rider.
1. The Amended and Restated Agreement of Limited Partnership dated on or about the date hereof forming or continuing the Borrower (the "Partnership Agreement") is hereby approved by Lender.
2. Limited Partners' Notice and Cure Rights . In addition to any other cure provisions contained in any of the Loan Documents, each Limited Partner shall have the right to cure all monetary defaults within ten (10) days and all non- monetary defaults within thirty (30) days, after receipt of written notice thereof. If a non-monetary default is not reasonably capable of being cured within thirty (30) days, each Limited Partner shall have such additional time as is reasonably necessary to cure such non- monetary default, provided that each Limited Partner initiates steps to cure the non- monetary default within thirty (30) days of notice and diligently proceed to cure the default. The notice to the Limited Partners will be concurrent with any and all other notices given under the Loan Documents.
BAKERSFIELD SENIOR LP - AFFORDABLE HOUSING AGREEMENT (LHTF) Page H -2
All notices required or desired to be given to the Limited Partners under the Loan Documents shall be in writing (sent to the address set forth below or such other address designated in a written notice given to Lender) and given in the manner provided in the Loan Documents:
LIMITED PARTNERS:
PNC Bank, National Association
Fox Tower
805 SW Broadway, Suite 2200
Portland, OR 97205-3339
Building Code: YFTP
Attention: Asset Management – Bakersfield
Holland & Knight LLP
10 St. James Avenue, 12th Floor
Boston, Massachusetts 02116
Attention: Kristen Cassetta, Esq.
3. Transfer of Limited Partners' Interest. Notwithstanding anything contained in any of the Loan Documents, the Limited Partners shall have the right to transfer their respective direct and indirect limited partner interests in the Borrower without the consent of the Lender and any such transfer s hall not constitute an "event of default" or "default" under the terms of the Loan Documents.
4. Removal and Replacement of the Managing General Partner and/or Administrative General Partner. If any Limited Partner removes the Managing General Partner or Administrative General Partner of the Borrower in accordance with the terms of the partnership agreement, such removal shall not constitute a default under the Loan Documents, provided that the initial replacement Managing General Partner and/or Administrative General Partner, as applicable is a Limited Partner or an affiliate of a Limited Partner.
The Limited Partner shall have the right to substitute an unaffiliated Managing General Partner and/or Administrative General Partner only with the prior consent of Lender, which consent shall not be unreasonably withheld or delayed; provided however that, as a condition of Lender's consent, the proposed Managing General Partner must comply with all applicable requirements and policies of Lender and Lender may require such verification BAKERSFIELD SENIOR LP - AFFORDABLE HOUSING AGREEMENT (LHTF) Page H -3 of the financial condition of the proposed Managing General Partner as Lender may reasonably deem necessary. Provided further that, as a condition of Lender consent, it may require a replacement Managing General Partner to execute such documents as Lender reasonably deems appropriate to evidence the Borrower's continuing obligations to be bound by the Loan Documents and each and every provision thereof and to the extent that the removed Managing General Partner had obligations under the Loan Documents, to e vidence the replacement Managing General Partner's agreement to be bound by and perform each and every obligation of the removed Managing General Partner.
5. Insurance and Casualty Proceeds. Lender shall not exercise Lender's option to apply insurance proceeds or condemnation proceeds to the payment of the sums owed by the Partnership to Lender if all of the following conditions are met: (i) there are then no uncured events of default or breaches of any of the terms of the Documents, (ii) Lender reasonably determines that there will be sufficient funds to (a) restore and repair the property to a condition approved by Lender, (b) meet all operating costs and other expenses, payments for reserves and loan repayment obligations relating to the property until completion of the restoration and repair of the project to a condition approved by the Lender, and (c) Lender reasonably determines that the rental income of t he property, after restoration and repair of the property to a condition approved by Lender, will be sufficient to meet all operating costs and other expenses, payments for any required reserves and mandatory loan repayment obligations relating to the property.
6. Non-Recourse Obligation. Neither Partnership nor any general partner or limited partner of the Partnership Borrower shall have any liability for payment of this Note other than to have the Property and all other collateral under the Deed of Trust or other Loan Documents, and the rents, income and proceeds from such Property and collateral, applied to satisfy the obligations under the Note; provided, however, that Borrower shall be liable for damages or deficiencies (including costs and reasonable attorneys' fees) resulting from fraud; waste; material misrepresentation; misappropriation of rents, insurance proceeds, condemnation proceeds, or reserves; failure to maintain required insurance without advance written notice to Lender; breaches of covenants or warranties relating to hazardous or toxic substances; and costs of compliance with laws, regulations and orders of environmental agencies regarding hazardous or toxic substances.
BAKERSFIELD SENIOR LP - AFFORDABLE HOUSING AGREEMENT (LHTF) Page H -4
7. Third Party Beneficiary Rights. Lender acknowledges that the Limited Partner of the Borrower is an intended third-party beneficiary of the Loan Documents with respect to the matters specifically addressed herein.
8. Miscellaneous. Capitalized terms not otherwise defined herein shall bear their respective meanings set forth in the Documents. In the event of any conflict between the terms and provisions of this Investor Rider and the terms and provisions of the Documents, the terms and provisions of this Investor Rider shall control. Lender agrees to record this Investor Rider in the real property records in the County and State in which the Project is located as an attachment to the Mortgage or Deed of Trust securing the Loan.
BAKERSFIELD SENIOR INC - COMMERCIAL AGREEMENT Page 1
AGREEMENT NO. ________________
GRANT AGREEMENT WITH BAKERSFIELD SENIOR CENTER INC AND
HOUSING AUTHORITY FOR THE COMMERCIAL DEVELOPMENT OF
THE BAKERSFIELD SENIOR CENTER
This AGREEMENT is made and entered into on _________________, by and between the CITY OF BAKERSFIELD, a California charter city and municipal corporation (herein "CITY") and the BAKERSFIELD SENIOR CENTER, INC., a California nonprofit public benefit corporation, authorized to do business in California , (herein “SENIOR INC”), and the HOUSING AUTHORITY OF THE COUNTY OF KERN, an independent, local government agency (herein “HACK”). Senior INC and HACK are also referred to herein as DEVELOPERS or CO-DEVELOPERS.
GENERAL RECITALS
WHEREAS, the Bakersfield senior center (herein “Senior Center”) is a building located at 530 4th Street, Bakersfield California 93304 and provides space for seniors to recreate and be involved in social activities and was once owned by SENIOR INC; and
WHEREAS, the Senior Center is now owned by the HACK, an independent, local government agency; and
WHEREAS, Bakersfield Senior LP (herein “SENIOR LP”) was formed to specifically assist HACK in securing tax credits to be eligible for additional funding; and
WHEREAS, SENIOR LP is comprised of Administrative General Partner: Kern Bakersfield Senior LLC, a limited liability company authorized to do business in California, and Managing General Partner: GEAHI Bakersfield Senior LLC, a California limited liability company authorized to do business in California, in which Golden Empire Affordable Housing, Inc., a California nonprofit public benefit corporation authorized to do business in California is the nonprofit affiliate of HACK and the sole member and manager of the Managing General Partner; and
WHEREAS, for years, and as the number of seniors in Bakersfield grows, it has been the desire of the community to construct an improved Senior Center; and
WHEREAS, CITY is now ready to facilitate the replacement of the existing Senior Center by demolishing and replacing it with a mixed-use four-story building (herein “PROJECT”) to be constructed at the same location as the current Senior Center; and
BAKERSFIELD SENIOR INC - COMMERCIAL AGREEMENT Page 2
WHEREAS, the commercial portion of PROJECT will consist of the first and second floors with a recreation room, kitchen, offices and the like; and the housing portion of PROJECT will consist of the third and fourth floors with thirty-five (35) affordable units for qualifying low-income seniors earning up to 60% of the Area Median Income (herein “AMI”) and one on-site manager unit; and
WHEREAS, PROJECT is best explained by outlining all parties and sources of money associated with the bottom two floors (herein “commercial”) and the parties and sources of money associated with the top two floors (herein “housing”); and
WHEREAS, in general, for the commercial portion of PROJECT, HACK and the Senior INC will be the co-developers and the monies will come from the Transformative Climate Communities (herein “TCC”) Grant Program, a Regional Early Action Planning (herein “REAP”) grant, and monies through HACK; and
WHEREAS, in general, for the housing portion of PROJECT, SENIOR LP will be the sole developer upon recordation of the Required Documents herein and the monies will be loaned to SENIOR LP, through the Local Housing Trust Fund (herein “LHTF”), a matching loan from Public Safety & Vital Services (herein “PSVS”), a TCC loan, and REAP loan, all subject to reimbursement to CITY; and
WHEREAS, upon completion of PROJECT, it is anticipated that SENIOR INC and SENIOR LP will own the new Senior Center at 530 4th Street, Bakersfield California 93304 (herein “PROJECT Property” or “Project Property”) and it will be utilized as such for at least fifty-five (55) years; and
WHEREAS, in order to accurately set forth the obligations of all parties and monies associated with PROJECT, two (2) separate Agreements will be executed:
one for the commercial portion of PROJECT with HACK and SENIOR INC, and one for the housing portion of PROJECT with SENIOR LP and the entities that comprise SENIOR LP.
SPECIFIC RECITALS FOR AGREEMENT BETWEEN CITY, HACK, AND SENIOR INC
FOR THE COMMERCIAL DEVELOPMENT OF SENIOR CENTER
WHEREAS, in 2021, Governor Newsom signed Assembly Bill 140, the California Comeback Plan, to provide funding for projects that accelerate progress towards California housing goals and climate commitments and created the REAP Grants Program of 2021; and
WHEREAS, the Kern Council of Governments (“Kern COG”) is authorized to provide up to $12,670,717 under REAP to eligible activities; and
WHEREAS, on May 24, 2024, the HCD executed Standard Agreement No. 23- EAP2-17908 with Kern COG in the amount of $12,670,717; and BAKERSFIELD SENIOR INC - COMMERCIAL AGREEMENT Page 3
WHEREAS, on September 19, 2024, CITY approved Agreement No. 2024-262 with Kern COG to allocate REAP funding for PROJECT; and
WHEREAS, CO-DEVELOPERS have requested and CITY desires to provide CO- DEVELOPERS with a REAP grant to be used for the commercial portion of PROJECT; and
***
WHEREAS, the California Legislature appropriated $160 million from its general fund in fiscal year 2022/2023 to support the TCC administered by the Strategic Growth Council (herein “SGC”); and
WHEREAS, on August 1, 2023, CITY submitted an application for TCC funds for what is referred to as the Southeast Strong Initiative which plans to fund multiple improvement projects in Southeast Bakersfield, including PROJECT herein; and
WHEREAS, on March 10, 2025, CITY and SGC entered into Grant Agreement No. SGC23131, which established CITY as lead grantee for the $22,125,000 TCC grant funds and identifies CITY as the responsible entity for compiling and submitting all invoices and reporting documents to the SGC; and
WHEREAS, CO-DEVELOPERS have requested and CITY desires to provide CO- DEVELOPERS, a TCC grant to be used for the commercial portion of PROJECT; and
WHEREAS, in summary, CITY shall provide $953,741 in TCC grant funds and $5,064,579 in REAP grant funds for the commercial portion of PROJECT; and
WHEREAS, HACK and SENIOR INC shall obtain any additional funding for all other amounts required to complete PROJECT that cannot be paid by CITY assistance.
NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and SENIOR INC and HACK mutually agree as follows:
1. DEFINITIONS.
1.1. “Activity" means soft and hard costs associated with the construction of PROJECT and paid for with all funding sources herein
1.2. “Completion Guaranty” means a completion guaranty agreement , executed by the guarantor, guaranteeing in favor of CITY the completion of the Scope of Work by CO -DEVELOPERS in the manner and within the time required by this Agreement. The occurrence of either a Transfer or a Permitted Transfer shall not operate to totally or BAKERSFIELD SENIOR INC - COMMERCIAL AGREEMENT Page 4
partially release the guarantor under the Completion Guaranty unless CITY expressly consents to such release in writing, which consent may be given or withheld in CITY’s sole and absolute discretion.
Notwithstanding the foregoing, in lieu of the Completion Guaranty, CO-DEVELOPERS may, in the same time and manner as required of the Completion Guaranty, obtain a performance bond, subject to CITY’S satisfaction and approval, or replace the guarantor on the Completion Guaranty. The approval or disapproval of the performance bond or replacement guarantor shall be within the sole and absolute discretion of CITY.
1.3. “Eligible Project Costs” means soft and hard construction costs related to PROJECT which are eligible for reimbursement in accordance with the appropriate guidelines for all funding sources.
1.4. "Funding" means all sources of funding from CITY to CO -DEVELOPERS to facilitate the completion of PROJECT.
1.5. “Future Use Period” means a period of fifty-five (55) years form the date of Project Completion in which SENIOR INC. agrees to operate the Senior Center as a community facility providing services for seniors.
1.6. "PROJECT" means the Scope of Work described in Exhibit “A” attached hereto and incorporated by reference herein.
1.7. "PROJECT Completion" means the date Certificate of Occupancy is issued for PROJECT Property.
1.8. “PROJECT Property” means that certain real property located on 530 4 th Street, Bakersfield, California, 93304, more specifically described in the Legal Description attached hereto as Exhibit “B” and incorporated by reference herein.
1.9. “Senior” means an individual who is at least sixty-two (62) years of age.
2. CITY’S OBLIGATIONS.
2.1. Disbursement of Funds. CO-DEVELOPERS agree that CITY shall disburse all grant funds identified herein to SENIOR INC in the following amounts per the terms herein:
2.1.1. TCC Grant: no more than NINE HUNDRED FIFTY-THREE THOUSAND SEVEN HUNDRED FORTY-ONE DOLLARS ($953,741);
2.1.2. REAP Grant: no more than FIVE MILLION SIXTY -FOUR THOUSAND FIVE HUNDRED SEVENTY-NINE DOLLARS ($5,064,579).
BAKERSFIELD SENIOR INC - COMMERCIAL AGREEMENT Page 5
If CITY does not receive funds from TCC, and/or REAP, CITY, at its option, may terminate or suspend this Agreement without any liability to CO-DEVELOPERS and CO-DEVELOPERS shall not be entitled to any damages from CITY even if SENIOR INC or HACK has detrimentally relied upon this Agreement.
2.2. Future Use Agreement. CITY shall not be obligated to disburse any funds pursuant to this Agreement until SENIOR INC has executed and recorded a Future Use agreement attached hereto as Exhibit “C” and incorporated herein against the Project Property.
2.3. Reimbursement Payments . CITY agrees to reimburse "claims for payment" directly to SENIOR INC within thirty (30) days after CITY receives a satisfactory "claim for payment." SENIOR INC shall use the bi-monthly invoicing template attached hereto as Exhibit “ D,” and incorporated by reference herein, to properly itemize and document claims for payment to show clearly the items, tasks, or services for which SENIOR INC claims reimbursement setting forth actual expenditures of SENIOR INC in accordance with this Agreement. SENIOR INC shall also describe the basis for computation: cost per hour, cost per weight, cost per task, or other measurement as CITY may specify. CITY may refuse to pay any claim until explained to CITY's satisfaction.
2.3.1. After receipt by CITY of a satisfactory monthly certified claim for construction costs, including any required labor standards documentation (payroll forms, employee interviews, and other construction compliance monitoring actions), soft costs, including b ut not limited to, impact fees and project design costs, CITY shall make a payment to DEVELOPERS in the amount of ninety-five percent (95%) of the CITY’s pro rata portion of the construction costs incurred by DEVELOPERS within thirty (30) days of approval of a certified claim. The balance of the cumulative five percent (5%) retention from each claim shall be paid to DEVELOPERS when the Project is deemed complete by the
Project's architect.
2.3.2. SENIOR INC shall not be reimbursed or otherwise compensated for any expenditures incurred or services provided prior to the Effective Date of this Agreement, or following the earlier of the expiration or termination of this Agreement unless agreed to by CITY. CITY shall only reimburse SENIOR INC for documented expenditures incurred during the Agreement Term that are: (i) reasonable and necessary to carry out the services described in the Scope of Work, (ii) documented by contracts or other BAKERSFIELD SENIOR INC - COMMERCIAL AGREEMENT Page 6
evidence of liability consistent with established CITY and SENIOR INC procedures; and (iii) incurred in accordance with all applicable requirements for the expenditure of funds payable under this Agreement.
2.4. If CITY does not receive funds from TCC, and/or REAP, CITY, at its option, may terminate or suspend this Agreement without any liability to CO-DEVELOPERS and CO-DEVELOPERS shall not be entitled to any damages from CITY even if SENIOR INC or HACK has detrimentally relied upon this Agreement.
2.5. Expenditure deadline . The expenditure deadline for Funding sources under this Agreement shall be as follows:
• REAP November 30, 2026
• TCC March 10, 2029
3. CO-DEVELOPER'S OBLIGATIONS.
3.1. Financing of PROJECT. CO-DEVELOPERS shall provide all other funding for all other amounts required to complete PROJECT that cannot be paid for by CITY’s assistance.
3.2. Compliance with all Laws. CO-DEVELOPERS shall, at their 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 Agr eement 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:
3.2.1. City Tax Certificate. CO-DEVELOPERS shall obtain a CITY business tax certificate(s) (Bakersfield Municipal Code Chapter 5.02) where required.
3.2.2. Local and Federal Laws. CO-DEVELOPERS shall obey all CITY regulations now or hereafter enacted to facilitate administration applicable to PROJECT. CO-DEVELOPERS shall become familiar with the appropriate statutes, regulations, and guidelines governing PROJECT. CO -DEVELOPERS shall obey all applicable Federal regulations and guidelines now or hereafter enacted pursuant now or hereafter in effect.
BAKERSFIELD SENIOR INC - COMMERCIAL AGREEMENT Page 7
3.2.1. Permits. DEVELOPERS and CITY agree that funding under this Agreement is conditioned upon DEVELOPERS securing all
zoning, building, and local land use approvals. Should the DEVELOPERS fail to secure such approvals, all funding
committed under this Agreement shall be null and void.
Before commencement of construction, or development of any buildings, structures or other work of improvement upon the Project Property, or any other work provided for by this Agreement, DEVELOPERS shall, at its own expense, secure, or cause to be secured, any and all permits which may be required by the CITY or any other governmental or private agency affected by or having jurisdiction over such construction, development or work. Additionally, DEVELOPERS shall require its construction contractor and all s ubcontractors to acquire a seller’s permit (if required by Title 18, Section 1521 of the California Code of Regulations) associated with construction of the Project on the Project Property.
3.3. Construction, Operation and Maintenance Standards. DEVELOPERS shall construct, operate and maintain the PROJECT in accordance with the plans and specifications delivered to CITY by DEVELOPER S, which plans and specifications shall have been drawn by architects and engineers of DEVELOPER S, and which are consistent with CITY’s requirements.
3.4. Schedule. DEVELOPERS shall submit to CITY for review and approval a Scope of Work which includes a schedule outlining the time frame in which all work on the PROJECT will be done. Henceforth, this schedule shall be referred to as the “Schedule of Performance." DEVELOPER S shall commence and complete all construction and development within the times specified in the Schedule of Performance or such reasonable extension of said times as may be mutually agreed upon by CITY and DEVELOPER S. The Schedule of Perform ance is subject to revision from time to time if mutually agreed upon in writing between DEVELOPERS and CITY. CITY’s Manager or his designee is hereby authorized to approve an extension of no more than one hundred (100) days to any time set for performance in DEVELOPERS Schedule of Performance. Any extension will automatically add that same amount of time to any act, which is to perform subsequent to the act for which the extension was granted.
3.4.1. DEVELOPERS shall construct the property in accordance with the schedule of performance, more fully described in the Scope of Work.
BAKERSFIELD SENIOR INC - COMMERCIAL AGREEMENT Page 8
3.5. Security for Performance Hereunder. CO-DEVELOPERS and/or General Contractor shall cause subcontractors to provide a performance (completion) bond and a payment bond (labor and materials bond), each in the amount of one hundred percent (100%) of the estimated cost of the work that is the subject of the su bcontract ten (10) days prior to commencement of the work under such subcontract. Such payment and performance bonds shall be issued by a surety company admitted and licensed in California with an AM Best rating of "A" or better and approved by CITY and na ming CITY as beneficiary. These bonds must be in a form approved by CITY’s legal counsel.
Notwithstanding the foregoing, in the event that CO -DEVELOPERS is not required by any lender or investor to obtain payment and performance bonds, CITY may waive such requirement.
3.6. Program Regulations and Guidelines. CO-DEVELOPERS shall comply with all programmatic requirements as required by the State of California in the implementation of the REAP, TCC program as outlined in Exhibit “E” attached hereto and incorporated by reference herein, including but not limited to, the following:
3.6.1. Relocation Assistance and Acquisition Policies . This Agreement is subject to the requirements of State Relocation Assistance Law (CA Government Code Section 7260- 7277)
and Title 25, CCR Section 6000 -6198, and any other local, state, or federal requirements which apply to PROJECT and its relocation of existing tenants . In the event relocation assistance must be provided to any person or entity as a result of PROJECT,
CO-DEVELOPERS shall be solely responsible for the
payment thereof.
3.6.2. Funds for Religious Purpose. CO-DEVELOPERS shall permit no TCC and REAP funds to be expended for the design, construction, operation, or maintenance of any facility to be used for sectarian instruction or as a place for religious worship, except in situations where such use is incidental and does not favor one religious group over another.
3.6.3. Equal Employment Opportunity (Nondiscrimination Clause).
DEVELOPERS shall not discriminate against any employee, or applicant for employment, because of race, color, religion, sex, national origin, age, disability, or sexual orientation. CO - DEVELOPERS shall take affirmative action to ensure that applicants for employment and employees are treated during employment, without regard to race, color, religion, sex, national origin, age, disability, or sexual orientation. Such action shall include, but not b e limited to, the following: employment, BAKERSFIELD SENIOR INC - COMMERCIAL AGREEMENT Page 9
upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including
apprenticeship. CO-DEVELOPERS shall post in conspicuous places, available to employees and applicants for employment, notices to be provided by CITY setting forth the provisions of this nondiscrimination clause. CO -DEVELOPERS shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin, age, disability, or sexual orientation.
3.6.4. Nondiscrimination Requirements. Under any related agreements or contracts, CO-DEVELOPERS shall provide that no person, on the grounds of race, color, national origin, religion, sex, sexual orientation, or gender identity shall be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with TCC and REAP funds . In addition, TCC and REAP funds must be made available in accordance with the
following:
3.6.4.1. The Civil Rights Act of 1986, Title VIII of the 1968 Civil Rights Act, California Rumford Fair Housing Act of 1968 and the Fair Housing Amendments Act of 1988, The
California Fair Employment and Housing Act, The Unruh
Act (California Government Code Sectio n 51), The
Ralph Civil Rights Act (California Civil Code Section
51.7), The Bane Civil Rights Act (California Civil Code Section 52.1), California Government Code Sections
111135, 65008 and 65589.5.
3.6.5. Rehabilitation Act of 1973 and Americans with Disabilities Act.
This Agreement is subject to the provisions of Section 503 and 504 of the Rehabilitation Act of 1973 (PL 930112), 29 USC 706, and attendant regulations at 24 CFR, Part 8, which provide that no otherwise qualified, disabled individual shall, solely by reaso n of his disability, be excluded from participation in, be denied the benefits of or be subjected to discrimination under any program or activity receiving federal financial assistance. This Agreement is also subject to The Americans with Disabilities Act of 1990 (amended), 42 USC 12101, et. seq.
///
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BAKERSFIELD SENIOR INC - COMMERCIAL AGREEMENT Page 10
3.6.6. Nondiscrimination Because of Age. This Agreement is subject to the Age Discrimination Act of 1975, as amended, (Title III of Public Law 94-135) and attendant Code of Federal Regulations at 48 CFR, Part 22, Subpart 22.9. That Act sets forth that, except as otherwise provided, no person in the United States shall, on the basis of age, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.
3.6.7. Lead-Based Paint. This Agreement is subject to the Lead -Based Paint Poisoning Prevention Act (42 USC 4821, et. seq.) and its implementing regulations at 24 CFR Part 35.
3.6.8. Environmental Considerations. CITY and CO-DEVELOPERS want to assure that the policies of the California Environmental Quality Act of 1970 (CEQA), as amended, are most effectively
implemented. CITY shall comply with the CEQA review
procedures (Title 14, Section 15000 et. seq. of the California Administrative Code) in connection with this Project.
This Agreement is subject to the requirements of the Clean Air Act, as amended, 42 USC 7401 et seq., the Federal Water Pollution Control Act, as amended, 33 USC 1251 et seq., Executive Order 11738, dated September 10, 1973, and the regulations of the Envir onmental Protection Agency at 40 CFR Part 50, as amended.
CO-DEVELOPERS shall cause or require to be inserted in full the clause set out in 48 CFR 52.223- 2 in all contracts and subcontracts with respect to any nonexempt (exceed $100,000 or involve a facility the subject of a conviction under the Clean Air Act, or the Federal Waste Pollution Control Act, and listed by the Environmental Protection Agency, or not otherwise exempt) transaction.
3.6.9. CO-DEVELOPERS shall also cause or require to be inserted in full, the certification set forth in 48 CFR 52.223 -1, in each solicitation and resulting contract and contracts it awards without a solicitation.
3.7. Labor Standards Provisions. If applicable, DEVELOPER S shall comply with the requirements of all applicable Local, State, and Federal laws and regulations pertaining to labor standards and prevailing wages insofar as those acts apply to the performance of this Agreement. If applicable, DEVELOPER S shall maintain documentation which demonstrates compliance with hour and wage requirements which shall be made available to CITY for review upon request.
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3.7.1. If applicable, DEVELOPERS, and all contractors engaged under contracts are considered “public works projects” per Section 1720 of the California Labor Code. Any public works project paid for in whole or in part with public funds (i.e. local tax revenue), construction projects over $ 1,000 and alteration, demolition, repair, or maintenance projects is subject to prevailing wage. Projects of $30,000 or more must meet
Department of Industrial Relation’s apprenticeship
requirements. In accordance with Labor Cod e Section 1720 et seq., prevailing wages shall be paid for all construction, alteration, demolition, installation, or repair work done under contract and paid in whole or in part out of public funds. All estimates and payments for construction and installa tion of improvements shall include prevailing wages and shall otherwise comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6 and 1813 of the California Labor Code and all other applicable laws and regulations with respect to prevailing wages. Participants in the program are responsible for ensuring that the improvements are following the Prevailing Wage Law.
3.7.2. If applicable, CO-DEVELOPERS shall require the language of this certification to be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and all subrecipient’s shall certify and disclose accordingly.
3.8. Civil Rights Law. CO-DEVELOPERS shall comply with all local, state and federal civil rights laws, including, but not limited to, the California Fair Employment and Housing Act (FEHA) (Part 2.8 (commencing with section 12900) of Division 3 of Title 2), Government Code sections 8899.50, 65008, 65583, subdivisions (c)5) and (c)(10), and11135, Civil Code section 51 (the Unruh Civil Rights Act), and FEHA regulations in California Code of Regulations, title 2, sections 12005-1227.
3.9. Audits and Records.
3.9.1. Accounting Records. CO-DEVELOPERS shall maintain accurate accounting records and other written documentation
pertaining to all costs incurred in performance of this Agreement. Such records and documentation shall be kept at CO-DEVELOPERS office during the term of this Agreement, and for a period of five (5) years from the date of the final payment hereunder and made available to CITY representatives upon request at any time during regular business hours.
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3.9.2. Audits. Upon the written request of CITY, CO-DEVELOPERS shall arrange, at its own expense, the performance of a “Single Audit” of its entire operations by an independent auditor in accordance with CITY policies. In such a case, t he auditor shall deliver results of said audit to CITY within thirty (30) days of the audit’s completion. CITY’s acceptance of CO -DEVELOPERS audit reports does not prohibit CITY from performing any additional audit work CITY deems to be necessary.
3.10. Reporting Requirements. CO-DEVELOPERS shall provide CITY with Metrics/Reporting items on a bi-monthly basis, starting upon execution of this Agreement, as well as an annual report documenting progress in meeting program objectives, in a format and method to be specified by the SGC. Items to be reported on are shown in Exhibit “F” and Exhibit “G,” attached hereto and incorporated by reference herein.
3.11. Record Retention. CO-DEVELOPERS shall maintain all records related to the financing of PROJECT for no less than five (5) years after PROJECT’s completion. Additionally, all individual tenant income verifications, names, addresses, PROJECT rents and PROJECT inspections must be retained for the most recent five (5) year period, until five (5) years after the affordability period terminates. Any agreement between CO - DEVELOPERS and its independent auditor shall provide for access, during normal business hours, to the independent auditor's wo rk papers, by CITY auditors, or their authorized agents. CO -DEVELOPERS independent auditor shall retain, for review purposes, audit work papers for five (5) years from date of audit completion, or until four (4) years after all audit-related issues are resolved, whichever occurs later.
CO-DEVELOPERS shall maintain all records related to this Agreement for five (5) years from PROJECT Completion. CITY reserves the right to review all records required under the Program. Further, CO - DEVELOPERS agrees to make do cuments available for review by any agency associated with the requirement of PROJECT Property and its services involved in ensuring PROJECT’s compliance.
3.12. Rights of Access. For the purpose of assuring compliance with this Agreement, representatives of CITY and California Department of Housing and Community Development Staff shall have reasonable right of access to PROJECT Property without charges or fees and at normal constr uction hours during the period of construction and throughout the fifty-five (55) year affordability period for the purposes of this Agreement, including, but not limited to, the inspection of the work being performed in constructing the improvements provi ded, however, such inspections shall not unreasonably interfere with the construction work in progress. This provision shall not be construed to BAKERSFIELD SENIOR INC - COMMERCIAL AGREEMENT Page 13
replace or modify inspection requirements arising out of the issuance of building permits or land use entitlements. The California Department of Housing and Community Development reserves the right to inspect any site upon which the Work is being performed ; and DEVELOPER S shall cause to be inserted in any subcontract for performance of the Work a provision permitting the California Department of Housing and Community Development or its agents the right to inspect the work - site at any reasonable time.
3.13. Landscaping and Maintenance of PROJECT. CO-DEVELOPERS shall maintain PROJECT, the parking facilities and landscaping in a good condition and shall keep PROJECT free from any accumulation of debris or waste materials prior to and after construction. Maintenance shall include, but is not limited to, programmed watering, consistent fertilizing, weed control, cleaning, pruning, trimming, pest control and cultivating. Landscape structural features shall be maintained in sound structural and attractive conditions. All plant material shall be serviced by a permanentl y installed, electrically automated sprinkler system.
Replacement planting must conform to the original intent of the landscape design. Installation of landscape materials shall be in accordance with commonly accepted methods of installation. Trees shall be the equivalent to minimum fifteen (15) gallon container size or larger and shall be vigorous and healthy when planted. Shrubs shall be a minimum of five (5) gallon container size or larger and shall be vigorous and healthy when planted. Live vegetative matter shall cover no less than seventy -five percent (75%) of the required landscaped area at its maturity.
If, at any time, CO -DEVELOPERS fail to maintain the landscaping as required by this Agreement or CITY standards, and the condition is not corrected within a reasonable time from the date of written notice to correct from CITY, CITY may perform the necessary landscaping maintenance, and CO -DEVELOPERS shall pay all such costs reasonably incurred for such maintenance.
4. DEFAULTS, REMEDIES AND TERMINATION.
4.1. Defaults. Subject to the extensions of time for construction pursuant to the terms set forth in the Scope of Work, or otherwise pursuant to this Agreement, failure or delay by either party to perform any material term or provision of this Agreement constitutes an e vent of default under this Agreement. Except as may be otherwise provided herein, the party who so fails or delays must, upon discovering or receiving notice of such event of default, immediately commence to cure, correct, or remedy such failure or delay and shall complete such cure, correction, or remedy with reasonable diligence.
BAKERSFIELD SENIOR INC - COMMERCIAL AGREEMENT Page 14
If CO-DEVELOPERS is not in full compliance with the terms of this Agreement at any time during the term of this Agreement after CITY has commenced to disburse grant funds, CITY shall notify CO - DEVELOPERS of such noncompliance and CO-DEVELOPERS shall have sixty (60) days to cure. If CO -DEVELOPERS fails to cure the noncompliance, in addition to other rights and remedies permitted by the grant documents or applicable law, CITY may proceed with any or all of the following remedies in any order or combination CI TY may choose in its sole discretion:
4.1.1. Terminate this Agreement, in which event the entire principal amount outstanding, as well as any other monies advanced to CO-DEVELOPERS by CITY under the grant documents including administrative costs, shall immediately become due and
payable at the option of CITY; and
4.1.2. Bring an action in equitable relief (1) seeking the specific performance by CO-DEVELOPERS of the terms and conditions of the grant documents, and/or (2) enjoining, abating, or
preventing any violation of said terms and conditions, and/or (3) seeking declaratory relief; and
4.2. Remedies. The injured party shall give written notice of default to the party in default, specifying the default complained of by the injured party. Additionally, CITY shall notify CO -DEVELOPERS partners of any default by CO-DEVELOPERS. Except as required to protect against further damages, and except as otherwise expressly provided in this Agreement. Delay in giving such notice shall not constitute a waiver of any default nor shall it change the time of default; and
4.2.1. Except as otherwise expressly provided in this Agreement, any failures or delays by either party in asserting any of its rights or remedies as to any event of default shall not operate as a waiver of any default or any such rights or remedies. Delays by either party in asserting any of its rights and remedies shall not deprive either party of its right to institute and maintain any actions or proceedings, which it may deem necessary to protect, assert or enforce any such rights or remedies; and
4.2.2. Upon the occurrence of an event of default, the defaulting party shall be liable to the non- defaulting party for damages caused by such default. Nothing in this Agreement precludes the instigation of an action for specific performance of the terms of this Agreement.
BAKERSFIELD SENIOR INC - COMMERCIAL AGREEMENT Page 15
4.2.3. Withhold payment of grant funds and/or issuance of building permits or performance of inspections related to the PROJECT.
4.2.4. Seek reimbursement of all dispersed grant funds related to the PROJECT.
4.2.5. Disallow future grant funds to CO-DEVELOPERS.
4.3. Limited Recourse. The grant and obligations set forth in the grant documents are limited recourse obligations of CO -DEVELOPERS, its officers, employees, partners or agents. Neither CO -DEVELOPERS nor any other party shall have any personal liability for repayment of the grant, except for losses or damages relating to (a) fraud or willful misrepresentation and (b) failure to deliver any insurance or condemnation proceeds received by CO -DEVELOPERS to CITY or to otherwise apply such sums as required under the Deed of Trust to the extent of the insurance or condemnation proceeds not delivered.
5. AMENDMENT. Any amendment to this Agreement shall be reduced to writing, signed by an authorized representative of each party, and attached to this Agreement.
6. ASSIGNMENT. Neither this Agreement, nor any interest in it, may be assigned or transferred by any party without the prior written consent of all the Parties.
Any such assignment will be subject to such terms and conditions as CITY may choose to impose.
7. BINDING EFFECT. The rights and obligations of this Agreement shall inure to the benefit of, and be binding upon, the parties to the Agreement and their heirs, administrators, executors, personal representatives, successors and assigns.
8. CONFLICTS OF INTEREST. CO-DEVELOPERS stipulates that corporately, or individually, the firm, its employees and subconsultants have no financial interest in either the success or failure of any project, which is dependent upon the result of the work prepared pursuant to this Agreement.
9. CORPORATE AUTHORITY. Each individual signing this Agreement on behalf of entities represent and warrant that they are, respectively, duly authorized to sign on behalf of the entities and to bind the entities fully to each and all of the obligations set forth in this Agreement.
10. COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which shall be considered as an original and be effective as such.
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11. DIRECTION. CO-DEVELOPERS retains the right to control or direct the manner in which the services described herein are performed.
12. EFFECTIVE DATE. This Agreement shall be in effect from the date of execution through the Period of Affordability, except that CO -DEVELOPERS shall retain records as required in this Agreement.
13. EQUIPMENT. CO-DEVELOPERS will supply all equipment, tools, materials and supplies necessary to perform the services under this Agreement.
14. EXECUTION. This Agreement is effective upon approval and execution by CITY after approval and execution by CO -DEVELOPERS. It is the product of negotiation, and all parties are equally responsible for authorship of this Agreement. Section 1654 of the California Civil Code shall not apply to the interpretation of this Agreement.
15. EXHIBITS. In the event of a conflict between the terms, conditions or specifications set forth in this Agreement and those in exhibits attached hereto, the terms, conditions, or specifications set forth in this Agreement shall prevail. All exhibits to which reference is made in this Agreement are deemed incorporated in this Agreement, whether or not actually attached.
16. FORCE MAJEURE. In addition to specific provisions of this Agreement, a party hereunder shall not be deemed to be in default where delays or defaults are due to war, insurrection, strikes, walkouts, riots, floods, earthquakes, fires, casualties, acts of God, governmental restrictions imposed or mandated by governmental entities, enactment of conflicting State or Federal laws or regulations, new or supplementary environmental regulations enacted by the State or Federal government, or litigation (any of the fo regoing, “Force Majeure”). An extension of time for such cause may be mutually agreed upon by the parties hereunder for the period of the enforced delay or longer.
17. FURTHER ASSURANCES. Each party shall execute and deliver such papers, documents, and instruments, and perform such acts as are necessary or appropriate, to implement the terms of this Agreement and the intent of the parties to this Agreement.
18. GOVERNING LAW. The laws of the State of California will govern the validity of this Agreement, its interpretation and performance. Any litigation arising in any way from this Agreement shall be brought in Kern County, California.
19. INDEMNITY. CO-DEVELOPERS shall indemnify, defend, and hold harmless CITY, its officers, agents and employees against any and all liability, claims, actions, causes of action or demands whatsoever against them, or any of them, before administrative or judicial tribunals of any kind whatsoever, arising out of, connected with, or caused by CO -DEVELOPERS, CO- BAKERSFIELD SENIOR INC - COMMERCIAL AGREEMENT Page 17
DEVELOPERS 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 to the extent cau sed by CITY’s active negligence or willful misconduct. This obligation to indemnify shall survive termination of this Agreement.
20. INDEPENDENT CONTRACTOR. This Agreement calls for the performance of the services of CO -DEVELOPERS as an independent contractor. CO - DEVELOPERS is not an agent or employee of the CITY for any purpose and is not entitled to any of the benefits provided by CITY to its employees. This Agreement shall not be construed as forming a partnership or any other association with CO -DEVELOPERS other than that of an independent contractor.
21. INSURANCE. In addition to any other insurance or bond required under this Agreement, the CO-DEVELOPERS (either itself or through its General Partner) shall procure and maintain for the duration of this Agreement the following types and limits of insurance ("basic insurance requirements" herein):
21.1. In addition to the insurance coverage required below , during construction and prior to Project Completion, DEVELOPER S shall maintain coverage of the type now known as builder’s completed value risk insurance, as delineated on an All- Risk Builder's Risk 100% Value Non-Reporting Form. Such insurance shall insure against direct physical loss or damage by fire, lightning, wind, storm, explosion, collapse, underground hazards, flood, vandalism, malicious mischief, glass breakage and such other causes as are covered by such form of insurance. Such policy shall include, (1) an endorsement for broad form property damage, breach of warranty, demolition costs and debris removal, (2) a “Replacement Cost Endorsement” in amount not less than 100% of the then full replacement cost, to be determined at least once annually and subject to reasonable approval by CITY, and (3) an endorsement to include coverage for budgeted soft costs (including construction loan interest, building permit fees, construction inspection fees, builder’s risk insurance, and property taxes during construction). The replacement cost coverage shall be for work performed and equipment, supplies and materials furnished to the Property or any adjoining sidewalks, streets and passageways, or to any bonded warehouse for storage pending incorporation into the work, without deduction for physical depreciation and with a deductible not exceeding $50,000 per occurrence (except that any earthquake coverage shall carry a deductible equal to 5% of the policy amount, or such other deductible amount as CITY may determine is acceptable, in light of the cost of the premium for such insurance).
BAKERSFIELD SENIOR INC - COMMERCIAL AGREEMENT Page 18
21.2. Automobile liability insurance. CO-DEVELOPERS provides coverage on an occurrence basis for bodily injury, including death, of one (1) or more persons, property damage and personal injury, with limits of not less than one million dollars ($1,000,000) per occurrence; and the policy shall:
21.2.1. Provide coverage for owned, non-owned and hired autos.
21.3. Broad form commercial general liability insurance. Unless otherwise approved by the CITY’s Risk Manager, CO -DEVELOPERS provides coverage on an occurrence basis for bodily injury, including death, of one (1) or more persons, property damage and personal injury, with limits of not less than one million dollars ($1,000,000) per occurrence; and the policy shall:
21.3.1. Provide contractual liability coverage for the terms of this Agreement.
21.3.2. Provide unlimited products and completed operations coverage.
21.3.3. Contain an additional insured endorsement in favor of the CITY, its mayor, council, officers, agents, employees, and volunteers.
21.3.4. All policies shall be written on a first -dollar coverage basis or contain a deductible provision. Subject to advance approval by the CITY, CO -DEVELOPERS may utilize a Self -Insured Retention provided that the policy shall not contain language, whether added by endorsement or contained in the Policy Conditions, that prohibits satisfaction of any Self -Insured provision or requirement by anyone other than the Named Insured, or by any means including other insurance or which is intended to defeat the intent or protection of an Additional Insured.
21.4. Worker’s compensation insurance. Covering the CO -DEVELOPERS general contractor with statutory limits and employer’s liability insurance with limits of not less than one million dollars ($1,000,000) per occurrence; and the policy shall contain a waiver of subrogation in favor of CITY, its mayor, council, officers, agents, employees and designated volunteers.
21.4.1. Except for professional liability, all policies required of the CO - DEVELOPERS shall be primary insurance as to CITY, its mayor, BAKERSFIELD SENIOR INC - COMMERCIAL AGREEMENT Page 19
council, officers, agents, employees or designated volunteers and any insurance or self -insurance maintained by CITY shall be excess of the CO -DEVELOPERS insurance and shall not contribute with it.
21.4.2. Except for workers’ compensation, insurance is to be placed with insurers with a Bests’ rating as approved by CITY’s Risk Manager, but in no event less than A:VII. Any deductibles, self- insurance retentions or insurance in lesser amounts, or lack of certain types of insurance otherwise required by this
Agreement, or insurance rated below Bests’ A:VII, must be declared prior to execution of this Agreement and approved by CITY in writing.
21.4.3. Unless otherwise approved by CITY’s Risk Manager, all policies shall contain an endorsement providing CITY with ten (10) days notice of cancellation for nonpayment of premium and thirty (30) days written notice of cancellation for all other reasons.
CO-DEVELOPERS shall provide CITY notice of any material change in policy language or terms. All policies shall provide that there shall be continuing liability thereon, notwithstanding any recovery on any policy. Copies of policies shall be delivered to CITY on demand.
21.4.4. The insurance required hereunder shall be maintained until all work required to be performed by this Agreement is
satisfactorily completed as evidenced by written acceptance by CITY.
21.4.5. CO-DEVELOPERS shall furnish CITY’s Risk Manager with a certificate of insurance and required endorsements
evidencing the insurance required. The CITY may withdraw its offer of contract or cancel this contract if certificates of insurance and endorsements required have not been
provided prior to the execution of this Agreement.
21.4.6. Full compensation for all premiums which the CO-DEVELOPERS is required to pay on all the insurance described herein shall be considered as included in the prices paid for the various items of work to be performed under the Agreement, and no additional allowance will be made therefor or for additional premiums which may be required by extensions of the policies of insurance.
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21.4.7. It is further understood and agreed by CO-DEVELOPERS that its liability to CITY shall not in any way be limited to or affected by the amount of insurance obtained and carried by CO -
DEVELOPERS in connection with this Agreement.
21.4.8. Unless otherwise approved by CITY, if any part of the work under this Agreement is subcontracted, the “basic insurance requirements” set forth above shall be provided by, or on behalf of, all subcontractors even if CITY has approved lesser insurance requirements for CO-DEVELOPERS.
21.5. Builder’s risk policy. Projects for the construction of buildings or structures with a value exceeding two million dollars ($2,000,000) shall carry the following builder’s all risk insurance or other insurance as approved by CITY:
21.5.1. CO-DEVELOPERS shall purchase and maintain property insurance on a builder’s risk “all risk” or equivalent policy form naming CITY as a named insured. Builder’s risk policy shall be in an amount equal to the actual cash value of the building on completion and the deduc tible shall be in an amount acceptable to CITY. The policy shall stay in force until completion of the project.
21.5.2. All policies required of the CO -DEVELOPERS shall be primary insurance as to CITY, its mayor, council, officers, agents, employees, or designated volunteers and any insurance or self-insurance maintained by CITY shall be excess of the CO - DEVELOPERS insurance and shall not contribute with it.
22. MERGER AND MODIFICATION. All prior agreements between the Parties are incorporated in this Agreement which constitutes the entire Agreement. Its terms are intended by the Parties as a final expression of their agreement with respect to such terms as are included herein and may not be contradicted by evidence of any prior agreement or contemporaneous oral agreement. The Parties further intend this Agreement constitutes the complete and exclusive statement of its terms and no extrinsic evidence whatsoever may be introduced in any jud icial 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.
23. NEGATION OF PARTNERSHIP. CITY shall not become or be deemed a partner or joint venture with CO -DEVELOPERS or associate in any such relationship with CO-DEVELOPERS by reason of the provisions of this Agreement. CO - DEVELOPERS shall not for any purpose be considered an agent, officer, or employee of CITY.
BAKERSFIELD SENIOR INC - COMMERCIAL AGREEMENT Page 21
24. NO WAIVER OF DEFAULT. The failure of any party to enforce against another a provision of this Agreement shall not constitute a waiver of that party's right to enforce such a provision at a later time and shall not serve to vary the terms of this Agreement.
25. NON-INTEREST. No officer or employee of the CITY shall hold any interest in this Agreement (California Government Code Section 1090).
26. NOTICES. All notices relative to this Agreement shall be given in writing and shall be personally served or sent by certified, commercial delivery service, or registered mail and be effective upon actual personal service, delivery by commercial delivery service or four (4) calendar days after depositing in the United States mail. The parties shall be addressed as follows, or at any other address designated by notice:
CITY: CITY OF BAKERSFIELD
Economic and Community
Development Department
1600 Truxtun Avenue
Bakersfield, California 93301
DEVELOPER: BAKERSFIELD SENIOR CENTER
Attn: Lilli J. Parker
15903 San Marco Place
Bakersfield, California 93314
HACK: HOUSING AUTHORITY OF THE COUNTY OF KERN
Attn: Stephen Pelz
601 24
th Street
Bakersfield, California 93301
With a copy to: Goldfarb & Lipman LLP
Attn: Isabel L. Brown
1300 Clay Street, 11th Floor
Oakland, California 94612
27. SEVERABILITY. If any provision of this Agreement is found to be invalid, the remaining provisions shall remain in full force and effect.
28. STARTING WORK. CO-DEVELOPERS shall not begin work until authorized to do so in writing by CITY. No work will be authorized until this Agreement has been fully executed by CO-DEVELOPERS and CITY.
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29. THIRD PARTY CLAIMS . CITY will timely notify CO -DEVELOPERS of third -party claims relating to this Agreement. CITY shall be allowed to recover from CO- DEVELOPERS, and CO-DEVELOPERS shall pay on demand, all costs of notification.
30. THIRD-PARTY CLAIMS. In the case of public works contracts, CITY will timely notify CO-DEVELOPERS of third-party claims relating to this Agreement . CITY shall be allowed to recover from CO-DEVELOPERS, and CO-DEVELOPERS shall pay on demand, all costs of notification.
31. TITLE TO DOCUMENTS. All documents, plans and drawings, maps, photographs and other papers, or copies thereof prepared by CO - DEVELOPERS pursuant to the terms of this Agreement shall, upon preparation, become the property of CITY.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by the day and year first-above written.
“CITY” “CO-DEVELOPERS”
CITY OF BAKERSFIELD BAKERSFIELD SENIOR CENTER, INC.
By: ____________________________ By: ______________________________ KAREN GOH LILLI J. PARKER
Mayor Executive Director
HOUSING AUTHORITY OF THE COUNTY OF KERN
By:_________________________________
STEPHEN M. PELZ
Executive Director
APPROVED AS TO CONTENT:
ECONOMIC AND COMMUNITY
DEVELOPMENT DEPARTMENT
By:_______________________________
JENNIFER M. BYERS
Director
APPROVED AS TO FORM: COUNTERSIGNED:
City Attorney: _____________________________ Finance Director: _____________________________
VIRGINIA GENNARO RANDY MCKEEGAN
Insurance:____________
Attachments: Exhibit “A” Exhibit “E”
Exhibit “B” Exhibit “F”
Exhibit “C” Exhibit “G”
Exhibit “D”
BAKERSFIELD SENIOR INC - COMMERCIAL AGREEMENT Page A -1 EXHIBIT “A”
Scope of Work
Purpose:
The Bakersfield Senior Center Mixed -Use Project is a 36 -unit, mixed -use new construction development to be located at 530 4 th Street in Bakersfield, California). The project will replace the existing Bakersfield Senior Center building with a new, 4 -story state-of-the-art facility that will feature a senior center with amenity offices on the 1st and 2nd floors and residential units on the top two floors.
The project will consist of 35 one- bedroom units being leased to extremely low, very-low, and low -income seniors, with the remaining two -bedroom unit to be used for an on -site manager. The senior center portion of the project will complement the existing housing units by offering classes and programs that promote healthy living, enhance access to health programs/services, activities to increase senior socialization, and nutritional programs to educate seniors on healthy living. The proposed development will cover a total of 1.7 acres.
With this Agreement funding, the Bakersfield Senior Center and Housing Authority of the County of Kern intend to construct the 1
st and 2nd floor of the project in
partnership with Bakersfield Senior LP, who will build the residential portion of the project. CITY’s contribution to this project is no more than SIX MILLION EIGHTEEN THOUSAND THREE HUNDRED AND TWENTY DOLLARS ($6,0180,320) including $953,741 in TCC funding and $5,064,579 in REAP 2.0 funding.
The remaining project funds for construction and permanent financing for the Project, including the housing will consist of a construction loan, City AHTF funds, Authority Developer Loan, Community Project Funding, deferred costs, tax credits, and a deferr ed developer fee. DEVELOPERS, at their discretion and approval by the CITY, may use any additional or alternative funding sources for the construction of the Project. Construction is anticipated to begin by June 2026 and be completed by February 2028.
Description:
The CITY’s contribution of approximately SIX MILLION EIGHTEEN THOUSAND THREE HUNDRED AND TWENTY DOLLARS ($6,0180,320) for the senior center will be a grant to DEVELOPERS. Such funding for the project will be used to develop the senior center portion of the project. This portion of the facility will cover the majority of the 1
st and 2nd floors (the exception being a portion of the ground floor for the housing portion). The facility will include a dining hall, commercial kitchen, amenities for seniors such as a computer lab, study rooms, recreation room, craft rooms, exercise rooms, and offices. A use agreement governing the future use of the property will be recorded on the property as part of the funding conditions.
BAKERSFIELD SENIOR INC - COMMERCIAL AGREEMENT Page A -2 Construction Costs:
The REAP and TCC funds will be used for eligible soft and hard construction costs.
Under this Agreement, costs which were incurred within prior to the date of this Agreement will be eligible for payment under this Agreement. The following tables show the total sources for the project.
LENDER/SOURCE TERM IN
MONTHS
INTEREST
RATE
AMOUNT
OF FUNDS
RESIDUAL
RECEIPTS
HOUSING PORTION
Bank Loan 480 5.75% $2,100,000 No
Transformative
Climate
Communities
660 3% $5,571,909 Yes
City Loan (REAP 2.0) 660 3% $167,537 Yes
City Loan (LHTF) 660 3% $4,100,000 Yes
Total Permanent
Financing
$11,939,446
Tax Credit Equity ---- ---- $8,666,855 No
Deferred Developer
Fee
$102,713 No
Subtotal $20,709,014
BAKERSFIELD SENIOR CENTER PORTION
Transformative
Climate
Communities
---- ---- $953,741
City Loan (REAP 2.0) ---- ---- $5,064,579
HUD CPF
Appropriation
---- ---- $7,575,000
Subtotal $13,593,320
Total Sources of
Funds
$34,302,334
USES OF SOURCE FUNDS
Land Costs/Acquisition $243,877
New Construction/Demolition $26,858,776
Architectural/Engineering Fees $1,090,000
Finance Fees and Interest $736,500
Permanent Financing $27,000
Legal Fees $217,500
Reserves $106,500
Contingency $1,355,133
Soft Costs $100,000
Other Costs $1,126,290
Developer Costs $2,440,758
BAKERSFIELD SENIOR INC - COMMERCIAL AGREEMENT Page A -3 Reporting:
DEVELOPERS will be responsible for ensuring that the bottom two floors of the facility continue to be used as a Senior Center for a period of fifty -five (55) years, also known as future use period. DEVELOPERS will submit an annual report verifying the facilities continued use as a senior center. Additionally, financial statements shall be submitted annually to show the financial condition and continued financial viability of the project.
Schedule of Performance:
Assuming construction starts by June 2026, grant funds in the amount of SIX
MILLION EIGHTEEN THOUSAND THREE HUNDRED AND TWENTY DOLLARS ($6,0180,320) will be available to DEVELOPERS for no more than twenty -four months from the date of CITY Council approval. The following schedule initiates from the date of CITY Council approval.
Activity Status Completion Date
Project Design Achieved November 2025
Funding Applications Achieved October 2024
Property Acquisition Achieved January 2024
All Financing Secured Achieved February 2026
Construction Loan Closing Pending June 2026
Construction Start Pending June 2026
Preleasing and Marketing of Units Pending December 2027 Construction Completion Pending February 2028
Occupancy Pending April 2028
BAKERSFIELD SENIOR INC - COMMERCIAL AGREEMENT Page B -1 EXHIBIT “B”
Legal Description
Real property in the City of Bakersfield, County of Kern, State of California, described as follows:
LAND PARCEL
PARCEL 1
All that real property situated in the City of Bakersfield, County of Kem, State of California, being PARCEL "A" as described in that Certificate of Compliance, recorded May 6, 2026 as Document Number 226051402, Official Records of Kern County, State of California.
The hereinabove described parcel is bound above by an upper horizontal plane established at an elevation of0.00 foot and extending down to the center of earth.
The above elevation is based on the ground floor finish floor elevation of the building located on said Land Parcel having an elevation of 0.00 foot, assumed datum.
FIRST FLOOR
PARCEL 1
All that real property situated in the City of Bakersfield, County of Kem, State of California, being PARCEL "A" as described in that Certificate of Compliance, recorded May 6, 2026 as Document Number 226051402, Official Records of Kem County, State of California.
EXCEPTING THEREFROM that parcel of land described as follows:
COMMENCING at the intersection of the Southerly line of said PARCEL "A" and the general Easterly line of said PARCEL "A";
thence along said Southerly line, North 89° 11 '16" West, 82.57 feet;
thence leaving said Southerly line at a right angle, North 0°48'44" East, 62.72 feet to the POINT OF BEGINNING;
thence North 0°49'20" East, 10.13 feet;
thence at a right angle, North 89°10'40" West, 23.13 feet;
BAKERSFIELD SENIOR INC - COMMERCIAL AGREEMENT Page B -2 thence at a right angle, South 0°49'20" West, 10.13 feet to a line that bears North 89°10'40" West from the Point of Beginning;
thence along last said line, South 89°10'40" East, 23.13 feet to the POINT OF BEGINNING.
ALSO EXCEPTING THEREFROM that parcel of land described as follows:
COMMENCING at the intersection of the Southerly line of said PARCEL "A" and the general Easterly line of said PARCEL "A";
thence along said Southerly line, North 89°1 l '16" West, 82.57 feet;
thence leaving said Southerly line at a right angle, North 0°48'44" East, 62.72 feet;
thence North 0°49'20" East, 189.76 feet to the POINT OF BEGINNING;
thence at a right angle, North 89°10'40" West, 31.04 feet;
thence at a right angle, South 0°49'20" West, 7.68 feet;
thence at a right angle, North 89°10'40" West, 7.58 feet;
thence at a right angle, North 0°49'20" East, 7.73 feet;
thence at a right angle, North 89°10'40" West, 10.79 feet;
thence at a right angle, South 0°49'20" West, 54.04 feet;
thence at a right angle, North 89°10’40” West, 24.42 feet;
thence at a right angle, North 0°49’20” East, 65.47 feet;
thence at a right angle, South 89°10’40” East, 4.78 feet;
thence at a right angle, North 0°49’20” East, 9.09 feet;
thence at a right angle, South 89°10’40” East, 69.05 feet to a line that bears North 0°49’20” East from the Point of Beginning;
thence along last said line, South 0°49’20” West, 20.58 feet to the POINT OF
BEGINNING,
The hereinabove described parcel is bound below by a lower horizontal plane established at an elevation of 0.00 foot and above by an upper horizontal plane BAKERSFIELD SENIOR INC - COMMERCIAL AGREEMENT Page B -3 established at an elevation of 14.00 feet, both planes being parallel and extending through all points of the lateral boundary description described above.
The above elevations are based on the ground floor finish floor elevation of the building located on the Land Parcel having an elevation of 0.00 foot, assumed datum.
SECOND FLOOR
PARCEL 1
All that real property situated in the City of Bakersfield, County of Kem, State of California, being PARCEL "A" as described in that Certificate of Compliance, recorded May 6, 2026 as Document Number 226051402, Official Records of Kem County, State of California.
EXCEPTING THEREFROM that parcel of land described as follows:
COMMENCING at the intersection of the Southerly line of said PARCEL “A” and the general Easterly line of said PARCEL “A”;
thence along said Southerly line, North 89°11’16” West, 82.57 feet;
thence leaving said Southerly line at a right angle, North 0°48’44” East, 62.72 feet to the POINT OF BEGINNING;
thence North 0°49’20” East, 10.13 feet;
thence at a right angle, North 89°10’40” West, 23.13 feet;
thence at a right angle, South 0°49’20” West, 10.13 feet to a line that bears North 89°10’40” West from the Point of Beginning;
thence along last said line, South 89°10’40” East, 23.13 feet to the POINT OF BEGINNING.
ALSO EXCEPTING THEREFROM that parcel of land described as follows:
COMMENCING at the intersection of the Southerly line of said PARCEL “A” and the general Easterly line of said PARCEL “A”;
thence along said Southerly line, North 89°11’16” West, 82.57 feet;
thence leaving said Southerly line at a right angle, North 0°48’44” East, 62.72 feet;
BAKERSFIELD SENIOR INC - COMMERCIAL AGREEMENT Page B -4 thence North 0°49’20” East, 189.76 feet to the POINT OF BEGINNING;
thence at a right angle, North 89°10’40” West, 29.58 feet;
thence at a right angle, North 0°49’20” East, 6.75 feet;
thence at a right angle, South 89°10’40” East, 5.54 feet;
thence at a right angle, North 0°49’20” East, 13.83 feet;
thence at a right angle, South 89°10’40” East, 24.04 feet to a line that bears North 0°49’20” East from the Point of Beginning;
thence along last said line, South 0°49’20” West, 20.58 feet to the POINT OF BEGINNING.
ALSO EXCEPTING THEREFROM that parcel of land described as follows:
COMMENCING at the intersection of the Southerly line of said PARCEL “A” and the general Easterly line of said PARCEL “A”;
thence along said Southerly line, North 89°11’16” West, 82.57 feet;
thence leaving said Southerly line at a right angle, North 0°48’44” East, 62.72 feet;
thence North 0°49’20” East, 189.76 feet;
thence at a right angle, North 89°10’40” West, 29.58 feet;
thence at a right angle, North 0°49’20” East, 6.75 feet;
thence at a right angle, South 89°10’40” East, 5.54 feet;
thence at a right angle, North 0°49’20” East, 13.83 feet;
thence at a right angle, North 89°10’40” West, 26.06 feet to the POINT OF BEGINNING;
thence at a right angle, South 0°49’20” West, 9.93 feet;
thence at a right angle, North 89°10’40” West, 8.38 feet;
thence at a right angle, North 0°49’20” East, 9.93 feet to a line that bears North 89°10’40” West from the Point of Beginning;
BAKERSFIELD SENIOR INC - COMMERCIAL AGREEMENT Page B -5 thence along last said line, South 89°10’40” East, 8.38 feet to the POINT OF BEGINNING.
The hereinabove described parcel is bound below by a lower horizontal plane established at an elevation of 14.00 feet and above by an upper horizontal plane established at an elevation of 28.00 feet, both planes being parallel and extending through all points of the lateral boundary description described above.
The above elevations are based on the ground floor finish floor elevation of the building located on the Land Parcel having an elevation of 0.00 foot, assumed datum.
THIRD FLOOR & UP
PARCEL 1
All that real property situated in the City of Bakersfield, County of Kern, State of California, being PARCEL “A” as described in that Certificate of Compliance, recorded May 6, 2026 as Document Number 226051402, Official Records of Kern County, State of California.
EXCEPTING THEREFROM that parcel of land described as follows:
COMMENCING at the intersection of the Southerly line of said PARCEL “A” and the general Easterly line of said PARCEL “A”;
thence along said Southerly line, North 89°11’16” West, 82.57 feet;
thence leaving said Southerly line at a right angle, North 00°48’44” East, 62.72 feet to the POINT OF BEGINNING;
thence North 00°49’20” East, 210.34 feet;
thence at a right angle, North 89°10’40” West, 58.48 feet;
thence at a right angle, South 0°49’20” West, 9.09 feet;
thence at a right angle, North 89°10’40” West, 15.35 feet;
thence at a right angle, South 0°49’20” West, 201.24 feet to a line that bears North 89°10’40” West from the Point of Beginning;
thence along last said line, South 89°10’40” East, 73.83 feet to the POINT OF BEGINNING.
BAKERSFIELD SENIOR INC - COMMERCIAL AGREEMENT Page B -6 The hereinabove described parcel is bound below by a lower horizontal plane established at an elevation of 28.00 feet and extending above to infinity, both planes being parallel and extending through all points of the lateral boundary description described above.
The above elevations are based on the ground floor finish floor elevation of the building located on the Land Parcel having an elevation of 0.00 foot, assumed datum.
BAKERSFIELD SENIOR INC - COMMERCIAL AGREEMENT Page C -1 EXHIBIT “C”
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City of Bakersfield
1600 Truxtun Avenue
Bakersfield, California 93301
Attention: Economic & Community
Development Director
This document is exempt from the
payment of a recording fee pursuant to
Government Code Section 27383
USE AGREEMENT
This USE AGREEMENT (the “Agreement”) is entered into as of ______________________, 2026, by and between the CITY OF BAKERSFIELD, a charter CITY and municipal corporation (the “CITY”), and BAKERSFIELD SENIOR CENTER, INC., a California nonprofit public benefit corporation, authorized to do business in California (the “DEVELOPER”).
R E C I T A L S
WHEREAS, DEVELOPER has acquired certain real property located within the City of Bakersfield, as particularly described in the Legal Description attached hereto as Exhibit “A”, which is incorporated herein by reference (the “Site”); and
WHEREAS, DEVELOPER desires to construct a new senior center on the Site (the “Senior Center Project ”), and provide a public service space for senior households in the community; and
WHEREAS, DEVELOPER and CITY have entered into a Transformative Climate Communities Grant (TCC) and Regional Early Action Planning Grant (REAP) Agreement (the “TCC and REAP Agreement”) dated as of and any amendments thereafter. Subject to the terms and conditions therein, the DEVELOPER has agreed to acquire the Site and construct and operate the Senior Center Project, the CITY has agreed to provide financial assistance to DEVELOPER, and the DEVELO PER has agreed to make the propert y restricted to its use as a senior center supporting senior households for a period of fifty-five (55) years.
NOW, THEREFORE, the parties hereto agree as follows:
1. Property Use. DEVELOPER agrees to utilize the facility exclusively as a community center supporting senior citizens. Additionally, all residents residing on the top two floors of the property shall have access to all services and programs offered in the facility. The f acility may include BAKERSFIELD SENIOR INC - COMMERCIAL AGREEMENT Page C -2 amenities and services to support the well-being of its attendees, as well as office space for the DEVELOPER. This restriction shall stay with the property for a period of fifty -five (55) years beginning on the date of construction completion and the issu ance of a certificate of occupancy from the Building Official having jurisdiction over the property.
2. Compliance with Other Programs. Where occupancy restrictions of other financing sources overlap with the requirement of this REAP and TCC funding, DEVELOPER agrees to comply with all program requirements in conjunction with the requirements of this Agreement.
3. Marketing Program. DEVELOPER shall adopt and implement affirmative processes and procedures that provide information, outreach and promotion of opportunities in the Senior Center Project to encourage participation of all persons regardless of race, color, national origin, sex, religion, familial status, or disability. This includes, but is not limited to, a minority outreach program to ensure the inclusion, to the maximum extent possible, of minorities and women, and entities owned by minorities and women, as required by 24 CFR 92.351.
4. Maintenance. DEVELOPER, for itself and its successors and assigns, hereby covenants and agrees to maintain and repair or cause to be maintained and repaired the Site and all related on- site improvements and landscaping thereon, including, without limitation, buildings, parking areas, lighting, signs and walls in a first class condition and repair, free of rubbish, debris and other hazards to persons using the same, and in accordance with all applicable laws, rules, ordinances and regulations of all federal, state, and local bodies and agencies having jurisdiction, at DEVELOPER sole cost and expense. Such maintenance and repair shall include, but not be limited to, the following: (i) sweeping and trash removal; (ii) the care and replacement of all shrubbery, plantings, and other landscaping in a healthy condition; and (iii) the repair, replacement and restriping of asphalt or concrete paving using the same type of material originally installed, to the end that such savings at all times be kept in a level and smooth condition.
In addition, DEVELOPER shall be required to maintain the Property in such a manner as to avoid the reasonable determination of a duly authorized official of the CITY that a public nuisance has been created by the absence of adequate maintenance such as to be detrimental to the public health, safety or gener al welfare or that such a condition of deterioration or disrepair causes appreciable harm or is materially detrimental to property or improvements within one thousand (1,000) feet of such portion of the Site.
(a) Maintenance of Improvements. DEVELOPER covenants and agrees for itself, its successors and assigns, and every successor in interest to the Site, or any part thereof, that DEVELOPER shall be responsible for maintaining all improvements that may exist on the Site or that may be constructed on the Site and any off -site improvements in BAKERSFIELD SENIOR INC - COMMERCIAL AGREEMENT Page C -3 accordance with the terms and conditions of the Regulatory Agreement. The foregoing maintenance shall run with the land in accordance with and for the term of the Regulatory Agreement.
DEVELOPER’s further obligations to maintain the Site, and Agency’s remedies in the event of DEVELOPER’s default in performing such obligations, are set forth in the Regulatory Agreement. DEVELOPER hereby waives any notice, public hearing, and other requirements of the public nuisance laws and ordinances of the CITY that would otherwise apply, except as specified in said Regulatory Agreement.
Upon the sale of any portion of the Site, DEVELOPER (but not DEVELOPER’s successor) shall be released from the requirements imposed by this Section 2, and the financial liability therefore, as to the portion of the Site conveyed.
5. Non-Discrimination Covenants. DEVELOPER herein covenants by and for itself, its successors and assigns, that there shall be no discrimination against or segregation of, any person or group of persons on account of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the premises herein conveyed, nor shall the grantee or any person claiming under or through him or her, establish or permit any practice or practices of discrimination or segregation with reference to the selection, loca tion, number, use or occupancy of tenants, lessees, subtenants, sublessees, or vendees in the Site and the Facility. The foregoing covenants shall run with the land.
Notwithstanding the immediately preceding paragraph, with respect to familial status, the immediately preceding paragraph shall not be construed to apply to housing for older persons, as defined in Section 12955.9 of the Government Code. With respect to f amilial status, nothing in the immediately preceding paragraph shall be construed to affect Sections 51.2, 51.3, 51.4, 51.10, 51.11, and 799.5 of the Civil Code, relating to housing for senior citizens. Subdivision (d) of Section 51 and Section 1360 of the Civil Code and subdivisions (n), (o), and (p) of Section 12955 of the Government Code shall apply to the immediately preceding paragraph.
All deeds, leases or contracts entered into by DEVELOPER relating to the Site and the Development shall contain or be subject to substantially the following nondiscrimination or non-segregation clauses:
(a) In deeds: “The grantee herein covenants by and for himself or herself, his or her heirs, executors, administrators, and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, BAKERSFIELD SENIOR INC - COMMERCIAL AGREEMENT Page C -4 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the premises herein conveyed, nor shall the grantee or any person claiming under or through him or her, establish or permit any practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees, or vendees in the premises herein conveyed.
The foregoing covenants shall run with the land.
“Notwithstanding the immediately preceding paragraph, with respect to familial status, the immediately preceding paragraph shall not be construed to apply to housing for older persons, as defined in Section 12955.9 of the Government Code. With respect to familial status, nothing in the immediately preceding paragraph shall be construed to affect Sections 51.2, 51.3, 51.4, 51.10, 51.11, and 799.5 of the Civil Code, relating to housing for senior citizens. Subdivision (d) of Section 51 and Section 1360 of the Civil Code and subdivisions (n), (o), and (p) of Section 12955 of the Government Code shall apply to the immediately preceding paragraph.”
(b) In leases: “The lessee herein covenants by and for himself or herself, his or her heirs, executors, administrators, and assigns, and all persons claiming under or through him or her, and this lease is made and accepted upon and subject to the following conditions:
“That there shall be no discrimination against or segregation of any person or group of persons, on account of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdiv ision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, in the leasing, subleasing, transferring, use, occupancy, tenure, or enjoyment of the premises herein leased nor shall the lessee himself or herself, or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy, of tenants, lessees, sublessees, subtenants, or vendees in the premises herein leased.
“Notwithstanding the immediately preceding paragraph, with respect to familial status, the immediately preceding paragraph shall not be construed to apply to housing for older persons, as defined in Section 12955.9 of the Government Code. With respect to familial status, nothing in the immediately preceding paragraph shall be construed to affect Sections 51.2, 51.3, 51.4, 51.10, 51.11, and 799.5 of the Civil Code, relating to housing for senior citizens. Subdivision (d) of Section 51 and Section 1360 of the Civil Code and subdivisions BAKERSFIELD SENIOR INC - COMMERCIAL AGREEMENT Page C -5 (n), (o), and (p) of Section 12955 of the Government Code shall apply to the immediately preceding paragraph.”
(c) In contracts: “There shall be no discrimination against or segregation of, any person or group of persons on account of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926 .1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the premises which are the subject of this Agreement, nor shall the grantee or any person claiming under or through him or her, establish or permit any practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees, or vendees in the premises herein conveyed.
The foregoing covenants shall run with the land.”
“Notwithstanding the immediately preceding paragraph, with respect to familial status, the immediately preceding paragraph shall not be construed to apply to housing for older persons, as defined in Section 12955.9 of the Government Code. With respect to familial status, nothing in the immediately preceding paragraph shall be construed to affect Sections 51.2, 51.3, 51.4, 51.10, 51.11, and 799.5 of the Civil Code, relating to housing for senior citizens. Subdivision (d) of Section 51 and Section 1360 of the Civil Code and subdivisions (n), (o), and (p) of Section 12955 of the Government Code shall apply to the immediately preceding paragraph.”
The covenants established in this Section 11 shall, without regard to technical classification and designation, be binding for the benefit and in favor of the CITY and its successors and assigns, and shall remain in effect in perpetuity.
6. Monitoring and Recordkeeping. Throughout the Restricted Use Period, DEVELOPER shall comply with all applicable recordkeeping and monitoring requirements and shall annually complete and submit to CITY a report, prior to April 15 of each year, verifying the facilities continued use as a senior center. Representatives of CITY shall be entitled to enter the Development, upon at least seventy -two (72) hours prior written notice, to monitor compliance with this Agreement, to inspect the records of the Development, and to conduct an independent audit or inspection of such records. The DEVELOPER agrees to cooperate with CITY in making the Development available for such inspection or audit. DEVELOPER agrees to maintain records in businesslike manner, and to maintain such records for the term of this Agreement.
7. Compliance With Laws and Agreement. DEVELOPER shall carry out the design, development and operation of the Senior Center Project in BAKERSFIELD SENIOR INC - COMMERCIAL AGREEMENT Page C -6 conformity with the Agreement and all applicable laws, including all applicable state labor standards, CITY zoning and development standards, building, plumbing, mechanical and electrical codes, and all other provisions of the CITY Municipal Code, and all applicable disabled and handicapped access requirements, including without limitation the Americans With Disabilities Act, 42 U.S.C. Section 12101, et seq ., Government Code Section 4450, et seq., Government Code Section 11135, et seq., the Unruh Civil Rights Act, Civil Code Section 51, et seq., Civil Rights Act of 1986, Title VII of the 1968 Civil Rights Act, California Rumford Fair Housing Act of 1968 and the Fair Housing Amendments Act of 1988, The California Fair Employment and Housing Act, The Unruh Act (California Government Code Section 51), The Ralph Civil Rights Act (California Civil Code Section 51.7), The Bane Civil Rights Act (California Civil Code Section
52.1), California Government Code Sections 111135, 65008 and 65589.5.
8. Duty to Prevent Hazardous Material Contamination. During the development and operation of the Development, DEVELOPER shall take all necessary precautions to prevent the release of any Hazardous Materials into the environment on or under the Site. Such precautions shall include compliance with all Governm ental Requirements with respect to Hazardous Materials. DEVELOPER shall notify CITY, and provide to CITY a copy or copies, of any notices of violation, notices to comply, citations, inquiries, clean-up or ab atement orders, cease and desist orders, reports filed pursuant to self -reporting requirements and reports filed or applications made pursuant to any Governmental Requirement relating to Hazardous Materials and underground tanks, and DEVELOPER shall report to CITY, as soon as possible after each incident, any unusual, potentially important incidents in the event of a release of any Hazardous Materials into the environment.
For purposes of this Section 14, “Governmental Requirements” shall mean all laws, ordinances, statutes, codes, rules, regulations, orders and decrees of the United States, the state, the county, the CITY, or any other political subdivision in which the Housing Project is located, and of any other political subdivision, CITY or instrumentality exercising jurisdiction over the CITY, the DEVELOPER or the Development.
For purposes of this Section 14, “Hazardous Materials” means any substance, material, or waste which is or becomes, regulated by any local governmental authority, the State of California, or the United States Government, including, but not limited to, any material or substance which is (i) defined as a “hazardous waste,” “extremely hazardous waste,” or “restricted hazardous waste” under Section 25115, 25117 or 25122.7, or listed pursuant to Section 25140 of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law)), (ii) defined as a “hazardous substance” under Section 25316 of the California Health and Safety Code, Division 20, Chapter 6.8 (Carpenter-Presley-Tanner Hazardous BAKERSFIELD SENIOR INC - COMMERCIAL AGREEMENT Page C -7 Substance Account Act), (iii) defined as a “hazardous material,” “hazardous substance,” or “hazardous waste” under Section 25501 of the California Health and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory), (iv) defined as a “hazardous substance” under Section 25281 of the California Health and Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances), (v) petroleum, (vi) friable asbestos, (vii) polychlorinated byphenyls, (viii) met hyl tertiary butyl ether, (ix) listed under Article 9 or defined as “hazardous” or “extremely hazardous” pursuant to Article 11 of Title 22 of the California Code of Regulations, Division 4, Chapter 20, (x) designated as “hazardous substances” pursuant to Section 311 of the Clean Water Act (33 U.S.C. §1317), (xi) defined as a “hazardous waste” pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42 U.S.C. §§6901, et seq. (42 U.S.C. §6903) or (xii) defined as “hazardous substances” pursuant to Section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. §§9601, et seq.
Notwithstanding the foregoing, "Hazardous Materials" shall not include such products in quantities as are customarily used in the cons truction, maintenance, Rehabilitation or management of residential developments or associated buildings and grounds, or typically used in residential activities in a manner typical of other comparable residential developments, or substances commonly ingested by a significant population living within the Housing Project, including without limitation alcohol, aspirin, tobacco and saccharine.
9. Successors and Assigns. This Agreement shall run with the land, and all of the terms, covenants and conditions of this Agreement shall be binding upon the DEVELOPER and the CITY and the permitted successors and assigns of the DEVELOPER and the CITY. Whenever the term “DEVELOPER ” or “CITY” is used in this Agreement, such term shall include any other successors and assigns as herein provided.
10. No Third-Party Beneficiaries. This Agreement is made and entered into for the sole protection and benefit of the CITY and their successors and assigns, and DEVELOPER and its successors and assigns, and no other person or persons shall have any right of action hereon.
11. Partial Invalidity. If any provision of this Agreement shall be declared invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions hereof shall not in any way be affected or impaired.
12. Governing Law. This Agreement and the documents and other instruments given pursuant hereto shall be construed in accordance with and be governed by the laws of the State of California. Any references herein to particular statutes or regulations shall be deemed to refer to successor statutes or regulations, or amendments thereto.
13. Amendment. This Agreement may not be changed orally, but only by BAKERSFIELD SENIOR INC - COMMERCIAL AGREEMENT Page C -8 agreement in writing signed by DEVELOPER and the CITY.
IN WITNESS WHEREOF, the parties hereto have executed this Regulatory Agreement effective as of the date and year set forth above.
“CITY” “DEVELOPER”
CITY OF BAKERSFIELD BAKERSFIELD SENIOR CENTER, INC.
By: _______________________________ By: _______________________________ KAREN GOH LILLI J. PARKER
Mayor Executive Director
APPROVED AS TO CONTENT:
ECONOMIC AND COMMUNITY
DEVELOPMENT DEPARTMENT
By:______________________________
JENNIFER M. BYERS
Director
APPROVED AS TO FORM: COUNTERSIGNED:
City Attorney: ___________________________ Finance Director: ___________________________
VIRGINIA GENNARO RANDY MCKEEGAN
Insurance:____________
[SIGNATURES MUST BE ACKNOWLEDGED]
BAKERSFIELD SENIOR INC - COMMERCIAL AGREEMENT Page C -9 EXHIBIT “A”
Legal Description
Real property in the City of Bakersfield, County of Kern, State of California, described as follows:
LAND PARCEL
PARCEL 1
All that real property situated in the City of Bakersfield, County of Kem, State of California, being PARCEL "A" as described in that Certificate of Compliance, recorded May 6, 2026 as Document Number 226051402, Official Records of Kern County, State of California.
The hereinabove described parcel is bound above by an upper horizontal plane established at an elevation of0.00 foot and extending down to the center of earth.
The above elevation is based on the ground floor finish floor elevation of the building located on said Land Parcel having an elevation of 0.00 foot, assumed datum.
FIRST FLOOR
PARCEL 1
All that real property situated in the City of Bakersfield, County of Kem, State of California, being PARCEL "A" as described in that Certificate of Compliance, recorded May 6, 2026 as Document Number 226051402, Official Records of Kem County, State of California.
EXCEPTING THEREFROM that parcel of land described as follows:
COMMENCING at the intersection of the Southerly line of said PARCEL "A" and the general Easterly line of said PARCEL "A";
thence along said Southerly line, North 89° 11 '16" West, 82.57 feet;
thence leaving said Southerly line at a right angle, North 0°48'44" East, 62.72 feet to the POINT OF BEGINNING;
thence North 0°49'20" East, 10.13 feet;
thence at a right angle, North 89°10'40" West, 23.13 feet;
thence at a right angle, South 0°49'20" West, 10.13 feet to a line that bears North 89°10'40" West from the Point of Beginning;
BAKERSFIELD SENIOR INC - COMMERCIAL AGREEMENT Page C -10 thence along last said line, South 89°10'40" East, 23.13 feet to the POINT OF BEGINNING.
ALSO EXCEPTING THEREFROM that parcel of land described as follows:
COMMENCING at the intersection of the Southerly line of said PARCEL "A" and the general Easterly line of said PARCEL "A";
thence along said Southerly line, North 89°1 l '16" West, 82.57 feet;
thence leaving said Southerly line at a right angle, North 0°48'44" East, 62.72 feet;
thence North 0°49'20" East, 189.76 feet to the POINT OF BEGINNING;
thence at a right angle, North 89°10'40" West, 31.04 feet;
thence at a right angle, South 0°49'20" West, 7.68 feet;
thence at a right angle, North 89°10'40" West, 7.58 feet;
thence at a right angle, North 0°49'20" East, 7.73 feet;
thence at a right angle, North 89°10'40" West, 10.79 feet;
thence at a right angle, South 0°49'20" West, 54.04 feet;
thence at a right angle, North 89°10’40” West, 24.42 feet;
thence at a right angle, North 0°49’20” East, 65.47 feet;
thence at a right angle, South 89°10’40” East, 4.78 feet;
thence at a right angle, North 0°49’20” East, 9.09 feet;
thence at a right angle, South 89°10’40” East, 69.05 feet to a line that bears North 0°49’20” East from the Point of Beginning;
thence along last said line, South 0°49’20” West, 20.58 feet to the POINT OF
BEGINNING,
The hereinabove described parcel is bound below by a lower horizontal plane established at an elevation of 0.00 foot and above by an upper horizontal plane established at an elevation of 14.00 feet, both planes being parallel and extending through all points of the lateral boundary description described above.
The above elevations are based on the ground floor finish floor elevation of the building located on the Land Parcel having an elevation of 0.00 foot, assumed BAKERSFIELD SENIOR INC - COMMERCIAL AGREEMENT Page C -11 datum.
SECOND FLOOR
PARCEL 1
All that real property situated in the City of Bakersfield, County of Kem, State of California, being PARCEL "A" as described in that Certificate of Compliance, recorded May 6, 2026 as Document Number 226051402, Official Records of Kem County, State of California.
EXCEPTING THEREFROM that parcel of land described as follows:
COMMENCING at the intersection of the Southerly line of said PARCEL “A” and the general Easterly line of said PARCEL “A”;
thence along said Southerly line, North 89°11’16” West, 82.57 feet;
thence leaving said Southerly line at a right angle, North 0°48’44” East, 62.72 feet to the POINT OF BEGINNING;
thence North 0°49’20” East, 10.13 feet;
thence at a right angle, North 89°10’40” West, 23.13 feet;
thence at a right angle, South 0°49’20” West, 10.13 feet to a line that bears North 89°10’40” West from the Point of Beginning;
thence along last said line, South 89°10’40” East, 23.13 feet to the POINT OF BEGINNING.
ALSO EXCEPTING THEREFROM that parcel of land described as follows:
COMMENCING at the intersection of the Southerly line of said PARCEL “A” and the general Easterly line of said PARCEL “A”;
thence along said Southerly line, North 89°11’16” West, 82.57 feet;
thence leaving said Southerly line at a right angle, North 0°48’44” East, 62.72 feet;
thence North 0°49’20” East, 189.76 feet to the POINT OF BEGINNING;
thence at a right angle, North 89°10’40” West, 29.58 feet;
thence at a right angle, North 0°49’20” East, 6.75 feet;
thence at a right angle, South 89°10’40” East, 5.54 feet; BAKERSFIELD SENIOR INC - COMMERCIAL AGREEMENT Page C -12
thence at a right angle, North 0°49’20” East, 13.83 feet;
thence at a right angle, South 89°10’40” East, 24.04 feet to a line that bears North 0°49’20” East from the Point of Beginning;
thence along last said line, South 0°49’20” West, 20.58 feet to the POINT OF BEGINNING.
ALSO EXCEPTING THEREFROM that parcel of land described as follows:
COMMENCING at the intersection of the Southerly line of said PARCEL “A” and the general Easterly line of said PARCEL “A”;
thence along said Southerly line, North 89°11’16” West, 82.57 feet;
thence leaving said Southerly line at a right angle, North 0°48’44” East, 62.72 feet;
thence North 0°49’20” East, 189.76 feet;
thence at a right angle, North 89°10’40” West, 29.58 feet;
thence at a right angle, North 0°49’20” East, 6.75 feet;
thence at a right angle, South 89°10’40” East, 5.54 feet;
thence at a right angle, North 0°49’20” East, 13.83 feet;
thence at a right angle, North 89°10’40” West, 26.06 feet to the POINT OF BEGINNING;
thence at a right angle, South 0°49’20” West, 9.93 feet;
thence at a right angle, North 89°10’40” West, 8.38 feet;
thence at a right angle, North 0°49’20” East, 9.93 feet to a line that bears North 89°10’40” West from the Point of Beginning;
thence along last said line, South 89°10’40” East, 8.38 feet to the POINT OF BEGINNING.
The hereinabove described parcel is bound below by a lower horizontal plane established at an elevation of 14.00 feet and above by an upper horizontal plane established at an elevation of 28.00 feet, both planes being parallel and extending through all points of the lateral boundary description described above.
The above elevations are based on the ground floor finish floor elevation of the BAKERSFIELD SENIOR INC - COMMERCIAL AGREEMENT Page C -13 building located on the Land Parcel having an elevation of 0.00 foot, assumed datum.
THIRD FLOOR & UP
PARCEL 1
All that real property situated in the City of Bakersfield, County of Kern, State of California, being PARCEL “A” as described in that Certificate of Compliance, recorded May 6, 2026 as Document Number 226051402, Official Records of Kern County, State of California.
EXCEPTING THEREFROM that parcel of land described as follows:
COMMENCING at the intersection of the Southerly line of said PARCEL “A” and the general Easterly line of said PARCEL “A”;
thence along said Southerly line, North 89°11’16” West, 82.57 feet;
thence leaving said Southerly line at a right angle, North 00°48’44” East, 62.72 feet to the POINT OF BEGINNING;
thence North 00°49’20” East, 210.34 feet;
thence at a right angle, North 89°10’40” West, 58.48 feet;
thence at a right angle, South 0°49’20” West, 9.09 feet;
thence at a right angle, North 89°10’40” West, 15.35 feet;
thence at a right angle, South 0°49’20” West, 201.24 feet to a line that bears North 89°10’40” West from the Point of Beginning;
thence along last said line, South 89°10’40” East, 73.83 feet to the POINT OF BEGINNING.
The hereinabove described parcel is bound below by a lower horizontal plane established at an elevation of 28.00 feet and extending above to infinity, both planes being parallel and extending through all points of the lateral boundary description described above.
The above elevations are based on the ground floor finish floor elevation of the building located on the Land Parcel having an elevation of 0.00 foot, assumed datum.
BAKERSFIELD SENIOR INC - COMMERCIAL AGREEMENT Page D -1 EXHIBIT “D”
BI-MONTHLY INVOICE FORM
[TO BE PRINTED ON GRANTEE LETTERHEAD]
Date:
TRANSFORMATIVE CLIMATE COMMUNITIES PROGRAM
IMPLEMENTATION GRANT - BIMONTHLY INVOICE SUMMARY
Grantee: Grant Number:
TCC Project Name: Round #:
Period #: Reporting Period Dates: [START DATE] [END DATE] Authorized Signatory: (Name) (Position)
By my signature below, I certify that I have full authority to execute this payment request on behalf of the Grantee. I declare under penalty of perjury, under the laws of the State of California, that this invoice for reimbursement, and any accompanying supporting documents, for the above-mentioned Program are true and correct to the best of my knowledge, an all disbursements have been made for the purposes and conditions as outlined in the Grant Agreement.
Signature: Date:
TCC Grant Element Amount
Grantee Costs
Project #1
Project #2
Project #3
Project #4
Project #5
Project #6
Project #7
Project #8
Community Engagement Plan
Displacement Avoidance Plan
Workforce Development and Economic
Opportunities Plan
BAKERSFIELD SENIOR INC - COMMERCIAL AGREEMENT Page D -2 Indicator
Tracking
Plan
TOTAL to be reimbursed this Period $-
Advance Pay Deduction
Total Reimbursement Requested $-
Total Budget
Total Invoiced to Date
Amount Remaining $-
Advance Pay Summary
Advance
Received
Advance
Balance
Current
Invoice
Total
Amount
Paid Via
Invoice
Remaining
Advance
Balance
Interest
Earned
BAKERSFIELD SENIOR INC - COMMERCIAL AGREEMENT Page D -3
TRANSFORMATIVE CLIMATE COMMUNITIES PROGRAM
IMPLEMENTATION GRANT - INVOICE DETAIL
Complete this form for Grantee Costs, Funded Projects, Indicator Tracking Costs and Transformative Plans.
Grantee: Grant Number:
TCC Project Name: Round #:
Period #: Reporting Period
Dates:
[START
DATE] [END DATE]
[Insert Grantee Costs, Indicator Tracking,
TCC Project # and Name, or Transformative
Plan Name] Lead Entity: [Insert name]
TASK Cost
Description/Category Amount
Supporting
Documentation/Page
#
1 Subtotal $-
2 Subtotal $-
3 Subtotal $-
4 Subtotal $-
Travel
Subtotal $-
BAKERSFIELD SENIOR INC - COMMERCIAL AGREEMENT Page D -4 Equipment
Subtotal $-
Indirect/Overhead
Subtotal $-
SUBTOTAL FOR THIS
PERIOD $-
BAKERSFIELD SENIOR INC - COMMERCIAL AGREEMENT Page E -1 EXHIBIT "E"
DEVELOPERS shall comply with all municipal, state, and federal laws now in force, or which may hereafter be in force, pertaining to this Agreement, specifically including but not limited to the following, if applicable:
SCOPE OF WORK: Exhibit A of Standard Agreement SGC23129 by and between the City of Bakersfield and the Strategic Growth Council
BUDGET AND SCHEDULE OF DELIVERABLES: Exhibit B of Standard Agreement SGC23129 by and between the City of Bakersfield and the Strategic Growth Council
SPECIAL TERMS AND CONDITIONS: Exhibit C of Standard Agreement SGC23129 by and between the City of Bakersfield and the Strategic Growth Council
TCC PROJECT AREA MAP: Exhibit D-1 of Standard Agreement SGC23129 by and between the City of Bakersfield and the Strategic Growth Council
TRANSFORMATIVE PLANS SUMMARY: Exhibit D -2 of Standard Agreement SGC23129 by and between the City of Bakersfield and the Strategic Growth Council (to be inserted with transformative plans)
INVOICING AND REPORTING TEMPLATES: Exhibit D-3 of Standard Agreement SGC23129 by and between the City of Bakersfield and the Strategic Growth Council
INDICATOR TRACKING TABLES: Exhibit D -4 of Standard Agreement SGC23129 by and between the City of Bakersfield and the Strategic Growth Council
CALFIRE URBAN GREENING STANDARDS: Exhibit D-5 of Standard Agreement SGC23129 by and between the City of Bakersfield and the Strategic Growth Council
AUTHORIZED SIGNATORY TEMPLATE: Exhibit D -6 of Standard Agreement SGC23129 by and between the City of Bakersfield and the Strategic Growth Council
CALFIRE URBAN GREENING STANDARDS: Exhibit D-7 of Standard Agreement SGC23129 by and between the City of Bakersfield and the Strategic Growth Council
BAKERSFIELD SENIOR INC - COMMERCIAL AGREEMENT Page E -2 TCC GRANTEE PUBLICITY GUIDELINES: Exhibit D -8 of Standard Agreement SGC23129 by and between the City of Bakersfield and the Strategic Growth Council
TCC PARTNERSHIP AGREEMENT: Exhibit D -9 of Standard Agreement SGC23129 by and between the City of Bakersfield and the Strategic Growth Council
CERTIFICATE OF COMPLIANCE WITH RUSSIAN SANCTIONS: Exhibit D -10 of Standard Agreement SGC23129 by and between the City of Bakersfield and the Strategic Growth Council
AGREEMENT 23-REAP2-17908 between the Department of Housing and Community Development and the Kern Council of Governments
CHAPTER 3.15 (commencing with Section 50515.06), Part 2 of Division 31 of the Health and Safety Code
REGIONAL EARLY ACTION PLANNING GRANTS OF 2021 (REAP 2.0) – Final Guidelines for Metropolitan Planning Organizations
(Copies of the above provided upon request)
_________________________________________________
DEVELOPERS’ Acknowledged Review
(Bakersfield Senior Center, Inc.)
_________________________________________________
DEVELOPERS’ Acknowledged Review
(Housing Authority of the County of Kern)
BAKERSFIELD SENIOR INC - COMMERCIAL AGREEMENT Page F -1 EXHIBIT "F"
BI-MONTHLY REPORTING FORM
Grantee: Grant Number:
TCC Project Name: Round #:
Period #: Reporting
Period: [Start Date] to [End Date]
Authorized Signatory: [Name] [Position]
By my signature below, I certify that I have full authority to execute this payment request on behalf of the Grantee. I declare under penalty of perjury, under the laws of the State of California, that this invoice for reimbursement, and any accompanying supporting documents, for the above-mentioned Program are true and correct to the best of my knowledge, an all disbursements have been made for the purposes and conditions as outlined in the Grant Agreement.
Signature:
Date:
1. Summarize the administrative work (Grantee Direct and Indirect/Overhead Costs) completed by the Grantee during the reporting period:
Grantee Activities Grant Funds Spent
[INSERT Task # and Name] $
• Describe work completed (clearly label back billing with date and period #)
• Use bullet points and be succinct
• Make sure to clearly align with the language used in Exhibit B (to ensure easy review)
• Bold any deliverables submitted
[INSERT Task # and Name] $
[INSERT Task # and Name] $
Total $
BAKERSFIELD SENIOR INC - COMMERCIAL AGREEMENT Page F -2
2. Summarize the work completed during reporting period. Insert one table for each Funded Project and Transformative Plan.
[INSERT NAME OF FUNDED PROJECT OR PLAN] Lead Entity: [INSERT] Tasks Grant Funds Spent
[INSERT Task # and Name] $
• Describe work completed (clearly label back billing with date and period #)
• Use bullet points and be succinct
• Make sure to clearly align with the language used in Exhibit B (to ensure easy review) Bold any deliverables submitted
[INSERT Task # and Name] $
[INSERT Task # and Name] $
[INSERT Task # and Name] $
Total $
3. Summarize the Indicator Tracking work completed during the reporting period:
[INSERT ITP 1 or 2] Grant Funds
Spent
[INSERT Task # and Name] $
• Describe work completed (clearly label back billing with date and period #)
• Use bullet points and be succinct
• Make sure to clearly align with the language used in Exhibit B (to ensure easy review) Bold any deliverables submitted
Total $
BAKERSFIELD SENIOR INC - COMMERCIAL AGREEMENT Page G -1 EXHIBIT "G"
ANNUAL REPORTING FORM
TRANSFORMATIVE CLIMATE COMMUNITIES PROGRAM
ANNUAL PROGRESS REPORT
Grantee: Grant Number:
TCC Project Name: Round #:
Period #: Reporting
Period: [Start Date] to [End Date]
Authorized Signatory: [Name] [Position]
By my signature below, I certify that I have full authority to execute this payment request on behalf of the Grantee. I declare under penalty of perjury, under the laws of the State of California, that this invoice for reimbursement, and any accompanying supporting documents, for the above-mentioned Program are true and correct to the best of my knowledge, an all disbursements have been made for the purposes and conditions as outlined in the Grant Agreement. By signing this progress report, I also certify
the information provided in the
following annual deliverables:
• Annual Leverage Funding Report
• Annual Equipment Inventory Record
Signature:
Date:
Please respond to the following questions in 1 -3 paragraphs, or with clear bullet points:
Success Stories and Lessons Learned
1. Summarize the major grant milestones completed in the last year.
2. Please share any other success stories from the Project Area, and provide links to related media, as applicable.
3. Describe any “lessons learned” in this past year. Specifically highlight any lessons that may help current grantees, future applicants, or the State, in continued implementation of the projects, and program, respectively.
Challenges and Areas for Improvement
For each question below, please elaborate on: a) steps that the Grantee or Subrecipients are taking to improve, or b) actions or assistance needed from the State, as applicable.
BAKERSFIELD SENIOR INC - COMMERCIAL AGREEMENT Page G -2
4. Discuss any challenges experienced while implementing the grant.
5. Describe any issues faced when working with the technical assistance providers and/or program evaluation consultants.
6. Describe any concerns related to administering the grant and/or working with the State.
Leverage Projects
7. Summarize each Leverage Project’s milestones and deliverables completed in the last year.
8. Summarize the leverage projects that have not met their planned milestones or timelines for the year. Describe the adjusted new timeline.
9. Describe any challenges and/or issues faced with implementing or monitoring stand-alone leverage projects.
Additional TCC-Related Investments
List any new, additional investments generated by the TCC grant or extended leverage commitments adopted after TCC grant execution. Only include additional leverage funding that was not originally included in the grant agreement.
Leverage
Project or
New
Investment
Funding Source
New Amount
Committed
($)
Dates
Committed
Description of
Project or New
Investment
(include
reference links,
if available)
AMENDMENT No. 1 TO MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF BAKERSFIELD
SUB-RECIPIENT TO KERN COUNCIL OF GOVERNMENTS
FOR
SUB-ALLOCATION OF REGIONAL EARLY ACTION PLANNING FUNDS
THIS AMENDMENT (hereinafter "Amendment No.1 ") TO CONTRACT, for reference purposes is made effective as of April 1, 2026 ("Effective Date") by and between the Kem Council of Governments (hereinafter "KERN COG") and the City of Bakersfield (hereinafter "Sub Recipient ").
RECITALS:
WHEREAS, KER COG and the Sub-Recipient entered into a Memorandum of Understanding ("MOU") dated September 19, 2024; and
WHEREAS, the parties wish to amend the MOU as specified herein.
AGREEMENT:
1. The Tenn of the MOU shall be extended through December 31, 2027.
2. Except as expressly amended herein, all provisions of the MOU shall remain in force and effect.
IN WITNESS WHEREOF, this Amendment Number 1 to the MOU shall be effective as of the Effective Date.
RECOMMENDED AND APPROVED
AS TO CONTENT:
«KERNCOlJNCILOF GOVERNMENTS
John Schlosser, Executive Director
Kem Council of Governments
APPROVED AS TO FORM:
~~ \)µ>-£~ /{or
Brian Van Wyk, Deputy 7
Kem County Counsel