Shafter City Council
February 17, 2026

b) District shall be responsible for keeping all equipment neatly organized and out of all walkways and access doorways.
c) District shall, by February lst of each year during the term of this Agreement, submit copies of current certifications, inclusive of those mandated by law for each representative of the District that serves in a coaching capacity.
d) During District' s use of the Aquatics Facilities, District agrees to have a certified person on site at all times who is responsible for keys and securing of facility and supervising all pool users. e) District agrees to abide by City' s
ooRules of Use of Swimming Pool" attached hereto as
Exhibit " C".

12. Indemnification. District shall indemnify, defend, and hold harmless, and if requested, defend the City, its officers, directors, officials, officers, employees, agents, representatives, consultants and volunteers, and the Shafter Recreation and Park District, its offrcers, directors, officials, officers, employees, agents, representatives, consultants and volunteers, from any and all claims, actions, losses, damages, demands, liability and/ or costs and expenses, including attorneys'fees, arising out of or in any way related to: (a) any act of omission to act by District, its officials, officers, employees, agents, volunteers, permittees and/ or invitees in connection with District' s use and possession of the Aquatics Facilities; or (b) any activify, authority or jurisdiction delegated to District under this Agreement.

13. Insurance.

A. Minimum Scope of Insurance. The Parties shall procure and maintain throughout the term of this Agreement, at their sole cost and expense, the following types of insurance to govern their own use of the Aquatics Facilities, respectively: ( l) comprehensive general liability and property damage insurance; ( 2) automobile insurance; and ( 3) workers' compensation insurance ( as required by state law) and employers' liability insurance. Such insurance shall insure against all claims for death and injuries to persons and damages to property which may arise from or in connection with their use of the Aquatics Facilities, including, but not limited to, injuries to third parties such as participants and invitees. The Shafter Recreation and Park District shall be an additionally insured party for each of the insurance endorsements required of the District.

B. Minimum Limits of Insurance. Coverage shall provide limits no less than: ( l) General Liability: S5,000,000.00 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the Agreement or the general aggregate limit shall be twice the required occurrence limit; ( 2) Automobile Liability: $ 1,000, 000. 00 per accident for bodily injury and property damage; and ( 3) Workers' Compensation and Employer's Liability: Workers' compensation limits as required by the Labor Code of the State of California. Employers Liability limits of$1,000,000.00 per accident for bodily injury or disease.

C. Insurance Endorsements. The insurance policies shall contain the following provisions, or the Parties shall provide endorsements to add the following provisions to the insurance policies:

0. General Liability. The general liability policy shall be endorsed to state that: (A) the non-insuring Party and its directors, officials, officers, employees, volunteers, representatives and agents shall be covered as additional insureds with respect to the performance under the Agreement by the insuring Party and its officials, officers, agents, representatives, employees, agents, or volunteers, including materials, parts or equipment furnished in connection with such services; and ( B) the insurance

coverage shall be primary insurance with respect to the non-insuring Party and its directors, officials, officers, employees, representatives, volunteers and agents, or ifexcess, shall stand in an unbroken chain ofcoverage excess ofthe insuring Party's scheduled underlying coverage. Any insurance or selfinsurance maintained by the non-insuring Parties or its directors, officials, officers, employees, representatives, volunteers, and agents shall by excess ofthe insuring Party's insurance and shall not be called upon to contribute with it in any way.

Cù Automobile Liability. The automobile liability policy shall be endorsed to state that: ( A) the non- insuring Party and its directors, officials, officers, employees, volunteers, representatives and agents shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any automobile owned, leased, hired or borrowed by the insuring Party or for which the insuring Party is responsible; and ( B) the insurance coverage shall be primary insurance with respect to the non-insuring Party and its directors, officials, officers, employees, volunteers, representatives and agents, or ifexcess, shall stand in an unbroken chain ofcoverage excess ofthe insuring Party's scheduled underlying coverage. Any insurance or selÊinsurance maintained by the noninsuring Party or its directors, officials, officers, employees, volunteers, representatives and agents shall be excess of the insuring Party's insurance and shall not be called upon to contribute with it in any way.

Ciù Workers' Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the non-insuring Party and its directors, officials, officers, employees, volunteers, representatives and agents for losses paid under the terms of the insurance policy which arise from work performed by the insuring Party.

CvI All Coverages. Each insurance policy required by this Agreement shall be endorsed to state that coverage shall not be suspended, voided, reduced or canceled except after thirty 30) days prior written notice by first class mail has been given to the non-insuring Party.

D. Separation of Insureds: No Special Limitations. All insurance required by this Section shall contain standard separation ofinsureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the non-insuring Party or its directors, officials, offi cers, employees, volunteers, representatives and agents.

E. Acceptability of Insurers. Insurance is to be placed with: ( l) insurers with a current A.M.

Best' s rating no less than A:VIII, licensed to do business in Califomia, and satisfactory to the noninsuring Party; ( 2) with a joint powers agency acceptable to the non-insuring Party or ( 3) under a selfinsurance program acceptable to the non- insuring Party.

F. Verification of Coverage. Each Parfy shall furnish the other Party with original certificates of insurance and endorsements effecting coverage required by this Agreement. The certifìcates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. Each Party reserves the right to require complete, certified copies of all required insurance policies, at any time.

G. Contractor Insurance Requirements. Each Party shall require its contractors performing work on any improvements to procure and maintain the same insurance required of the Parties under this Section. Each Party shall not allow any of its contractors to commence work on any improvements until the contractors have provided evidence satisfactory to the other Party that they have all insurance required under this Section. Each Party shall be included in the endorsement requirements noted above.

H. Self-Insurance. If a Party is selÊinsured, it shall certify to the other Party that it maintains reserves sufficient to cover all risks and its indemnification and defense obligations under this Agreement,

and shall maintain such reserves throughout the term of this Agreement, and for a period of at least four 4) years thereafter.

14. Term and Termination. This Agreement shall be effective for a one year period, beginning July 1,2019 and terminating on June 30, 2020.ln the event that District defaults in the payment of any fee provided for herein or continues to violate any provision of this Agreement or the Rules attached hereto after being advised of said violation by City, City may immediately teminate this Agreement without prior notice to District. In addition, any Party may terminate this Agreement without cause, upon ninefy 90) days written notice to the other Party.

15. Authoritv to Act. The Agreement shall be carried into effect through the cooperation of the City, acTingthrough its designated representative, and District, acting through its designated representative.

Each Party's designated representative shall be the official designated under Section 18, Notice, below.

16. Assignment. District shall not assign, encumber of otherwise transfer any right or interest it has under this Agreement without prior written consent of the City.

17. Binding Effect. This Agreement shall be binding on and shall insure to the benefit of the successors and assigns of each of the parties hereto. However, nothing contained in this paragraph shall be construed as consent by the City to any assignment of this Agreement or any interest in this agreement or any interest in this Agreement by District.

18. Attorne)¡ s' Fees. If any Party commences a lawsuit or action against the other Party, whether legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing Party in such litigation or action shall be entitled to have and recover from the losing Party, reasonable attorneys' fees and all other costs ofsuch action.

18. Notice. All notices, statements, demands, requests, consents, approvals, authorizations, appointments or designations hereunder by either Parfy to the other shall be in writing and shall be suffrciently given and served upon the other Party, if sent by United States registered mail, return receipt requested, postage prepaid and addressed as follows:

To City: City of Shafter
336 Pacific Avenue
Shafter, Califomia 93263
Attn: City Manager
To District: Kern High School District
5801 Sundale Avenue
Bakersfi eld, California 93309
Attn:

Any Party may change its address by giving notice to the other Party in the manner provided for in this Section.

19. Operational Contacts. The Parties shall provide each other with the names and telephone numbers of personnel that are responsible for the day to day operations of programs and facilities including after- hours contacts in the event of emergency situations. This contact information shall be updated as needed based on personnel changes or change in information.

20. Validity. If any one or more of the terms, provisions, promises, covenants or conditions of this Agreement shall to any extent be adjudged invalid, unenforceable, void or voidable for any reason whatsoever by a court of competent jurisdiction, each and all of the remaining terms, provisions, promises, covenants and conditions of this Agreement shall not be affected thereby and shall be valid and enforceable to the fullest extent permitted by law.

21. Governing Law: Venue. This Agreement shall be governed by the law of the State of California.

This Agreement is entered into and is to be performed in Kern County, Califomia, and accordingly, the only appropriate venue for a dispute under this Agreement is in the Kern County Superior Court.

22. Non-Discrimination. Each of the Parties hereto covenant by and for itself, its administrators and assigns, and all persons claiming under or through it, that this Agreement is made subject to the condition that there shall be no discrimination against or segregation ofany person or group ofpersons, on account of race, color, religious creed, sex, marital status, national origin, gender, physical or mental disability, sexual orientation, or ancestry, in the use, occupancy or enjoyment of the Aquatics Facilities.

23. Amendment. This Agreement, including the Exhibits attached hereto, sets forth the entire agreement between the Parties, and any modifications must be in the form of a written amendment agreed to by the Parties in the same manner as this Agreement.

24. Waiver. The failure of any Party to insist upon strict performance of any of the terms, conditions or covenants in this Agreement shall not be deemed a waiver of any right or remedy for a subsequent breach or default of the terms, conditions or covenants herein contained.

25. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same Agreement.

26. Time is of the Essence. Time is expressly declared to be of the essence in this Agreement.

27. Entire Agreement. This Agreement, including the Exhibits attached hereto, constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior agreements between the Parties with respect to the matters contained in this Agreement.

28. Agreement Binding. This Agreement shall be binding upon the Parties signing and their respective successors and assigns.

IN \ryITNESS \ ryHEREOF, the Parties have executed this Agreement as of the date( s) indicated below

CITY OF SHAFTER

SIGNATURE PAGE
TO

JOINT USE AGREEMENT

AQUATTCS FACTLTTTES)
clTY"

CITY OF SHAFTER
A California municipal corporation and charter law city L-lt - 2-4r--
Date

DISTRICT'
A schoo, d i stri cr ".*"" f3ril yJ
liJì #, o# å: i33 : P¿ïiålÎ;
a l*lt1
Scott Date
2- /7-/7
J Director
Business Services
Date
rt. "n^--\)- \ 1-\1
Stan Greene, Director
School Support Services
PageT

EXHIBIT * A'

LEGAL DESCRIPTION

AQUATICS FACILITIES)

EXHIBIT '' A''

AQUATIC CENTER PARCEL
ALL THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 9, TOWNSHIP 28 SOUTH, RANGE 25 EAST, M.D.M., IN THE CITY OF SHAFTER, COLINTY OF KERN, STATE OF CALIFORNIA, BEING DESCRIBED AS FOLLOV/ S:

BEGINNING AT THE CENTERLINE INTERSECTION OF NORTH VALLEY STREET AND POSO AVENUE AS SHOWN ON TRACT NO. 6447 AS FILED IN MAP BOOK 58 AT PAGES 41 THROUGH 43 IN THE OFFICE OF THE KERN COUNTY RECORDER, MARKED BY A BRASS CAP STAMPED L.S. 4831 IN A CONCRETE MONUMENT IN A LAMPHOLE; THENCE S.89o4819" E. ALONG SAID CENTERLINE OF POSO AVENUE, A DISTANCE OF 263.38 FEET; THENCE DEPARTING SAID CENTERLINE AT RIGHT ANGLES, S.OO"I1'4I''W., 3O. OO FEET TO THE SOUTH RIGHT- OF-WAY OF POSO AVENUE; THENCE S,19"45'42"W., 60.08 FEET; THENCE 5,00o20'01"E., 153.61 FEET; THENCE S.89"29'39"8., 35.79 FEET; THENCE S.00o15' 54" VV.. 180.80 FEET; THENCE N.89o36'09'W.,120.71FEET; THENCE 5.00'23'15"W., 8.00 FEET; THENCE N.89o40'35"W.,131.47 FEET TO THE EAST RIGHT- OF- WAY OF NORTH VALLEY STREET; THENCE N.89o27' 41" W.,

30.00 FEET TO SAID CENTERLINE OF NORTH VALLEY STREET; THENCE N.00"3219*8. ON AND ALONG SAID CENTERLINE, A DISTANCE OF 428.31FEET TO THE POINT OF BEGINNING.

CONTAINING 2,57 ACRES GROSS.

ExhibitA- PageI

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Exhibit A - Page2

EXHIBIT " B'

JOINT USE AGREEMENT
ExhibitB-Page1

a
JOTNT I.]SE AGREITMDNT

AQUATICS FACILITIES)
between

CITY OF SHAFTER
a Catlfornia municipal corporation anel charter law cify, and

SHAFTBII RE, CREATION AND PARK DISTRICT
a Recreatiou and Park District
Dnted as of Sepfember 5,2017 for reference purposes onlyl 17236,00000\2e926s5s.4

l-his Joint Use Agreement ( Aquatics Facilities) (" Agreetnent") is enlered irrto by and between the CITY OI. SHAFTER, California, a municipal corporation and charter law city organized under the laws of the State of California (" City"), and the SHAFTER RECREATION AND pARK DISTRICI' (" Recreation District"), a recreation and parks district organized under the laws of the Statc of Catifornia, clated as of Septernber 5,2Afi for reference purposes only, for the use of City's Shafter Pool, locate d al269 Poso Street, Shafter, California 93263 ("Aquatics Ilacilities") fár the purposes of' providing recreation to the community' The City and the Recreation District are sometimes together hereinafter referred to as ' oParty" or "Pal'ties"-

RECITALS
A. The City owns and operates certain real property known as the City's Aquatics Facilities. A legal desóription of the property is attached hereto as Exhibit A. The City Council has determined that the use of the Aquatics Facilities by the Recreation District serves to promote, preserve, and cultivatc programs of community recreatiorr; B. The City and the Recreation District desire to oontinue use of the Aquatics Facilities for purposes of community recreation; and,
C. The City and Recreation District have detennined that, through cooperative efforts, the neecls of thå conrmunity and families as it relates to the Aquatics Facilities can best be met through this Joint Use Agreemenf '

NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES AND AGREEMENTS HEREIN CONTAINED, THE PARTIES AGREE AS FOLLO\{ S:
l. Tcrllloí' ôgreclnellt.

The term of this Agreement shall commence as of the date on which the City and the Recreation District, by offiial action, have all apploved and executed this Agreement, and shall re¡nain in effect as lóng as tlre Aquatics Facilities rernains a . ioint use facility for community recreation purposes, unless sooner terminated as providecl for hereinafter.

2. Aquatics Facilities and its Use'
A, The Parties agree that the Aquatics Facilities shall be the sole property of the City authorized to be used by the Recreation District pursuant to the terms o{'this Agreement' B. Nothing in this Agreement shall be construed as granting or reserving for the Recreation District any interest or right in the Aqrratics Facilities.

C. The City hereby generally grants to the Recreatiott l)istrict the nonexclusive right to gse, op.rát", and maintain the Aquatics Facilities as set forth herein lor the purposes of provicling community recleation throughout the term of this Agreement, D. The City has and will continue to enter into agreements with other organizations ( generically a '"Third Party User") for the authorized, nonexclusive use of the 2 1723 6,00000\29926555.4

Aquatics Facilities. The City will make reasonable efforts to avoid entering into other use agreernents for the Acluatici Facilities which have scheduled uses which conflict with the scheduled uses of fhe Aquatics Facilities by the Recreation District. Notwithstanding the foregoing or anything in ìnis Agreement to the contrary, the Recreation District's duties' obligations, and resp"onsibilities
under
this Agreement, includirrg, without limitation. the
responsibilities set io*h in Exhibit D of this Agreenrent and the Recreation District' s indernnification obligations uncler Section l0 (C.), shall apply year round.. to. the Aquatics Facilities, The parties expressly agree that the Recreation District' s responsibilities set forth in Exhibit D of this Agreement snalt not extend 1o any required maintenance or damage repair necessitated by a third Pafty lJser' s use of the Aquatics Facilities in any agreement reached independently between a Third Party user and the city, All Third Party users shall be solely respänsibte ttr ensuring the Aquatiós Facilities remain, as determinecl by the City Manager or a,t'horized designee, iñ the same corrdition which existed prior to the Third Party User's authorized rr" Jf t¡e Aquatics Facilities, and shall be a condition of approval in any agreement reached between the City and Third Palfy User. The City shall defend, indemnify, and hold the Recreation Distr.ict, theii officials, officers, etnployees, agents, and volunteers free and harmless from auy and all liability front [ oss' damage, or injUry related to a'fhird Party User's use of the Aquatic I'acilities.

H. The Re creation District shall develop a master schedule (" Master Schedule,,) by which all users of the Aquatics Facilities shall abide, setting forth the dates and times the Recreation District and each Third Party User shall be entitled to use the Aquatics Facilities. The city Manager of the city shall have final authority in resolving any disputes regarding the Master Scheãule and use of the Aquatics l'-acilities. In the evcnt that Recreation District and the City cannot agree on a Master Schedule of the Aquatics Facilities that is satisfactory to both Þarties, then either Party may, at its option, terminate this Ag¡eement by providing inirty i:o; days' r,vritlen notice to the other Party of its intention to do so' F. The City Manager, or authorized designee, and the Recreation Distriot Manager, or authorized designee, shall serve as the authorized agerrt for each Party and nray confer regarding the terms ol'this Agreement'
The parties hereby set the usage fees fbr use of the Aquatics F-acilities by the Recreation District and adopt the fee schedtrle ãttachecl hereto as Exhibit B (the " Fee Schedule")' The parties shall review the Fee Schedule as needed, and revise it as it may becorne necessary or appropriate. Revisions to the Fee Schedr- rle shall beconre eflective irnmediately after approval by the governing body of both Parties, If at any tinre dur. ing the term of this Agreement the Parties canñot ugr".- on the usage lees flor the Aquåtics Facilities by the Recreation District, then either party rnf, at its option, lerminate this Agreement by providing thirty ( 30) days written notice to the áther Éarty of its intention to do so. Recreation District shall be responsible for-collecting and accounting fór all usage fees collectecl pursuant to Recreation District's use of the Aquatics Facilities and any rr.h"i,rug" fees shall belong exclusively to the Recreation District providcd they are in corr1pliance witñ the duties, obligations, and responsibilities under this Agreement' inciuding, without limitation, the responsibilities set forth in Exhibit D of this Agreement' and except as otherwise provided in this Agreement'
3 Fees tJsc.
3 1 7 23 6.00000\ 2 99 26ss 5,4

4. lìesponsibilities.. olCit)''
Except as othenvise plovided in this Agreenrent, the city shall have those responsibitities set forth in Exhiùit c wliich shall not be increasecl or modified abscnt the city' s writlen consent,
5, Resnonsibilitics qf Reerention District'
Except as otherwise provided in this Agreement, the Recreation District shall have those responsibilitíes set forth in Exhibit D which shall not be increased or modified absent the Recreation District' s written consent,
6 o
The Recreation District shall obtain the prior written consent of the City, rvhich shall not be unreasonably conclitioned, delayed or withheld, prior to making any alterations, additions, or other improvements that impact any use of the Aquatics Facitities. The City endeavors to provide advanceå notice of at least i+,tuyr for any planned alterations, additions, or other improvements that irnpact any schecluled use of the Aquatics Facilities. by the Recreation District. All alteratio¡ s, addiiions, and improvements shall comply with all state and local building standards, The expense of constructing, repairing anci maintaining such altelations, additions and improvements shall be at the.îp.ni. of thc requesting Party, unless otherwise agreed; provided, however, that this section does not apply to repair ancl maintenance obligations of the Parties as provided in Sections 4 and 5 herein.

Any alterations, additions or improvelnents installed by a Party shall renrain the property of that pariy until this Âgreement is terminated.' l'he Recreation District, upon thirty (30) days' written notìce to the City: may remove their personal property arrcl any alterations, additions or improvements installed'by them, even though it may be attached to the Aquatics Facilities, provided that the Rccreation District shall repair any damage caused by the removal and shall restore the Aquatics Facilities to a condition comparable to that prior to the installation of the improvement. Subject to the written approval by the City, upon termination of this Agreement, the Rec¡eation District rïay agree to leave the improvements in place and transfer title to suclt irnprovements to the CitY.
7, ¡\ s$irttnrctrl ¡, ll!d-Sllþ.|- g¿låc.
l'his Agrccrlrent or auy interest of the Parties herein will not at an¡'tinre afler the date hereol, withoui thc ¡ rrior rvritten corlseìlt of the Parties. be assigned or transfèrred.' l'he Parties shall at all tinres renrain liable fbr the pelf'orntance of the covettatrts anci ctlnditions to be perftrflrred pursuant to this Agt'eement, nohvithstanding trny assignmentortransfer which may be rratle.

8. DelÌrull ancl'l'enuinatiOtl,
A. Sh0ukl any Party hereto default in thc perf-ormance of, or breach any covenanr, conc- lition. or restrictiori of this Agreenrerrt heleìn. pro_vicled to be kept or perfbrrned by that party. a'tl should such clefault or breach continue uncured f'or a period ol'thirty ( 30) clays 4 17236.00000\29926s55.4

9. Insurance.

A. Miuilullrn Ssope o_l'lnsurancc. '[' hc Parties shall procure ancl maintain throgghout the term "
f
thia Agreement, at their sole cost and expense, the following types of insurance to govern their own use of the Aquatics Facilities, respectively: ( l) cornprehensive general liability and property darnage insurance; ( 2) automobile insurance; and ( 3) workers' ãornpensatio,., i,',rrrun'rr'(as'requireã by state larv) and enrployers' liability insurance' Such iusurance shatl insure against all claims for death and injr"rries to persons and damages to property which may ariãc from or in conneotion with their use of the Aquatics Facilities, in"iudiág, but not limited to, injuries to third parties such as participarrts and invitees.

Iì.om and afier. lvritten notice lhereo[. thc non-clefaultirrg Party lnay, at its option. tenrinate this Agreement by giving the clcfaurltilrg Party tryt'itten notice thereof, B. l¡ aclclition to the right to tenninate the Agreemettt provided in subsectiolr A or elservheie in this Agreentent, any Pa$y rnay tet'ttrinate this Agt'eenrent rvithout cause, tlpoll ninety (90) days written notice to thc other Party.

C. It'tsut'ânce llndorselnetrts' The inst¡ rance policies shall contain the following provisions, ol the Parties shall provide endorsement' c to add the follow ing provisions B. Mi¡linlum l-inlits of lnsurnncq. Coverage shall provide limits no lcss than:
l) General ¿¡ o¿¡li¡y,' $S,OOO, OOO. 00 per occllrrerlce for bodily injury, personal. injury and ùíoperty damage. Ii Comrnercial General Liability Insurance or other form with a general uggr"gut"
limit- is t¡sed, either the general aggregate limit shall apply scparately to the Agreement oi tn" general aggregate limit shall be twice- the required occurrence limit; ( 2) Automobile Liabiütlt; Sl,oooþ0, 0 per accident for bodily injury and property damage; and ( 3) Workers' Corupeisation ancf Eruplåyer' s Liability: Workers' compensation lirnits as lequired by the Labor Codå of the Slate of '
Caúfornia.

Employers Liabitity limits of $1,000,000.00 per accident for bodily injury or disease.
to the insurance Policies:
i) Gcner. al l-iqbility. The general liability policy shall be endorsed to state that: (A) the non-insuring nurty and its directors, officials, officers, employees, volunteers' representatìves and agents i¡ull -
0"
covered as additional insureds with respect to the
performance uncler thã Agreement by the insuring Palty and its officials' officers, agents, iepresentatives, employees, agetrts, or volunteers, including materials, parts or equipment fr¡inished in connection with such services; ancl (B) the insurance coverage shall bc primary insurance witlr respect to the non-insuling Party and its directors, officials, officers, etnployees, representatives, volunteers and agents, or ifexcess, shall stand in an unbroken chain ofcoverage rSS of the insuring Party' s scheduled underlying coverage, Any insurance or self- insuranoe maintained by the non-insuring Parties or its dircctors, officials, officers, employees, representatives, volunteers, and ag:ents shall by exccss ofthe insuring Party' s insurance and shall not be called upon to contribute with it in any way'
ii) Auro¡robile l-iabilitv. The automobile liability policy shall be endorsed to state that: ( n) t¡t" * n-inruring Party and its directors, officials, offìcers, employees, 5 17236.00000\29926555 4

volunteers, representatives and agents shall be covered as additional insureds with respect to the ow¡ership, operation, maintenanóe, use, loading or unloading of any automobilE owned, leased, hired or borrowed by the insuring Party or for which the insirring Party is responsible; and (B) the insurance coverage shall be prirnury insul' ance with respect to thc non-insuring Party and its directors, officials, oifì.er*, "*
pioy""r,
r¡olunteers, representatives and agents, or if excess, shall stand in an unbrol<en chain oi coverage excess of the insuring Party' s scheduled underlying coverage. Any insurance or self-insurance maintained by the non-insuring Party or its directors, officials, officers, employees, volunteers, representatives and agents shall be excess of the insuring Party' s insurance and shall not be called upon to contribute with it in any way. iii) lVorkers' Conrnensation a.nd E$plovers Liabilitv Coverase, The insurer shall agree to waive- àll rights of subrogation against tlie non-insuring Party and its directors, officlals, officers, ernployees, volnnteers, representatives al¡d agents for losses paid under the ternrs of the insurance policy which arise from work performed by the insuring Party. iv) All eovcrngçl Each insurance policy required by this Agreement shall be endorsed to state that coverage shall not be suspended, voided, reduced or canceled except alter thirty (30) days priol written notice by first class mail has been given to fhe noninsuring Party.

D, Separation of Insuredsl No Speci?l Limitations. All insurance required by this Section shall contaiñ itandard separation of insurecls provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the non-insuring party or its directors, oificials, officers, ernployees, volttnteers, representatives and agents.

E. Acceptabilit.y of Insurers. Insurance is to be placed with: (l) insurers with a current A.M. Best' s rating no i"s than A:VIII, licensed to do business in California, and satisfactory to the non- insuring Party; ( 2) with a joint powers agency acceptable to the noninsuring pärty or. (3) under a self-insurance progralr acceptable to the non-insuring Party.

F, Vsrification o[ Coverase. Each Party shall furnish the other Party with original certìficates of itouiun" e and endorsernents effecting coverage required by this Agieement, The certificates and endoLsenrents for each insurance policy shall be signed by a p.-r.on authorized by that insurer. to bincl coverage on its behalf. Each Palty reserves the right to require complete, certifìed copies of all required insurance policies, at any time, G. Centractor Insuranse llequilcnlents. Each Party shall require its contractors performing rvork on any improvements to procure and maintain the same insurance required orinc partiei urrder this Section, Each Party shall not allow any of its contractot's to cotnmence work on any improvements until the contractors have provided evidcnce satisfactory to the other Party that they have all insurance required under this Section. Each Party shall be included in the endorsetnent requiremenfs noted above'
H. Self-Ins.u.ranqe. If a Party is self-insured, it shall certif to the other Party that it maintains ,"." iu., sufficient to cover alt risks and its indemnification and defense obligations under this Agreernent, and shall maintain such reserves throughottt the term of this Agreement, and for a period of at least four ( 4) years thereafter' 6 17 2 36.O0000\ 299 26sss.4

10. lndemnificgtion'
A. Ceneral Liabiliq/, This Section l0 shall govenr any tiability incurred by one Party through the lault of the other Party,
B. tndemnification bv Parties. Each Party ("the lndenrnifying Party") agrees to indemnifl,, dcfend .* l h"ld h.rmless the othel Paúy and its authorized directors, officials, officers, ernployees, agents, representatives and volunteers free and harnrless from any and all claitns, actions,-losses, damages, and/or liability arising out of performance oIthis Agreement or use olthe Aquatics Facititiei by the lndemnitying Party, including all acts, errors, onrissions, negligence, gr:oss neglig"n", u,',d wiltful misconduct, including without limitation the payment of reasonable attorneys' fees.

C. ' l'hircl part. y LjserS, Nothing in this Section 10 shall require the Recreation District to indemnify th" Ctty ftrom any loss, damage or injury arising out of the use of the Aquatics Facilities by a Third Party User.

I 1. . loirrt l..iabi! tv,
A. Clainls Ariling fi.onl Joint Actions ol'OUissions. The PaLties, respectively, shall provide their o*n d"f.* *ith r"rp". t to any clainr, action or proceeding that arises out of the jóint acts or onrissions of the Pallies arising frorn this Agreetnent' In stlch situation, the parties shall retain their own legal counsel and shall bear their own defense costs' Êach Party shall waive any Light to leimburserne¡rt of defense costs from ¡ he other.

B. Joint Defense. Notwithstanding, the provisions of Section 1l(4.) above, the parties nìay agree in writing to a joint clefense of any clainr, action or proceeding that arises out of the joint uit, o, omissións oi the Parties arisittg from this Agreerrent' Any such joint defènse agreement rnay provide that the Parties appoint mtrtually agreeable legal cottnsel to clefend. r"h ,lui,r..¡, actiån or proceedings. In such a case, the Parties shall bear equally the cost of any joint defense and any amount paid by the Palties in seftlement of, or as a result of a court juãgment, arbitration or mediation awarcl related to the claim, action or proceeding' if any. The þurti"r shall also share equally in any amount awarded to or received by both Parties in settlement of, or as a result of, a court judgment, albitration or mediation award of such a claim, action or proceeding. No Party may bind the other Party to any settlement of such a claim, action or proceeding, without the express written consent of the other Party.

C. Cornpal:ative Fault. Notwithstancling any provision contained herein to the contrary, in the eventãf ony settlement, courl judgment, or arbitration or mediation award that allocates or cleterrnines the comparative fault of the Parties, any Party nray scel< reimbursement f¡orn the othe¡ Party, of defense costs, settletnent payments, judgments or. awards, that are consistent with such comparative fault to the extent that srrch settletnent, judgrnent' award' paynrent or cost are not covered by insurancc the Parties are required to ¡naintain under this Agreement,
7 17236.00000\29926sss.4

12. .¿l,ttornsvs' Fees.

If any Party commences a lawsuit or action against the other Party, whether legal, administrative or othcrwise, arising out of or in connection with this Agreement, the prevailing Par.ty in such litigation or action shall be entitled to have and recover from the losing Party, reasonable aftorneys' fees and all other costs ofsuch action. 1 3, Operational Contacts.

Thc Parties shall provide each othel with the nanres and telephone numbers of personnel that are responsible for the day to day operations of programs and facilities including after-hours contacts in the event of enìergency situations, This contact infonnation shall be updated as needed based on personnel changes or change in information.

14. Noti. çe.

All notices, statenlents, demands, requests, consents, approvals, authorizations, appointments or designations hereunder by either Party to the other shall be in writing and shall be sufficienfly given and served upon the other Party, if sent by United States registered mail, return receipt requested, postage prepaid and addressed as follows:

To City; CitY of Shafter
336 Pacific Avenue
Shafter, California 93263
Attn: City Manager
To Recreation Di strict: Shafter Rccreation and Park District 700 E. Tulare Ave
Shafter, California 93263
Attn: District Manager
Any Party may change its address by giving notice to the other Party in the manner provided for in this Scction.

15. Valiclity,
If any one or more of the terms, provisions, promises, covenattts or conditions of this Agreement shall to any extent be adjudged invalid, unentbrceabfe, void or voidable for any reason whatsoever by a court of competent - iurisdiction, each and all of the remaining terms, provisions, promises, covenants and conditions of this Agreement shall not be affected thereby and shall be valid and enforceable to the flrllest extent perrnitted by law'

16. Coverning L¿nv: Venue. This Agreemcnt shall be governed by the law of the State of Catifornia. This Agreement is entered into and is to be performed in Kern County, California, and accordingly, the only appropriate venue for a dispute under this Agreement is in the Kern County Superior Coufi.
8 17236.00000\29926555.4

17. Non-Discrimination.

Each of the Parties hereto covenant by and for itsell its. administrators and assigns, and all persons claiming under or through it, that this Agreement is made subject to the condition that theie shall be no discrirnination against or segregation of any person or group of persons, on account of race, color, religious creed, scx, marital status, national origin, gender, physical or mental disability, sexual orientation, or ancestry, in the use, occupancy or enjoyment of the Aquatics Facilities.

IB. Amendment.

This Agreement, including the Exhibits attached hcrcto, sets forth fhe entire agreement between the Paities, arrd any modifications must be in the fonn of a written amendment agreed to by the Parties in the satnc manner as this Agreement.
19, Waiver.
fhe failure of any Party to insist upon strict perfornlance of any of the terlns, conditions or covenants in this Agreenrent shall not be deemed a waiver of any right or remedy for a subsequent bleach or dcfault ofthe ternrs, conditions or covenants herein contained'

20. Countell)¿Us,
This Agreement may be executed in counterpatls, each of which shall be deemed an original, but all of which taken together shall constitute one and the same Agreement.

21. Time is of tllg Essence.

Time is expressly declared to be of the essence in this Agreement. 22, llntireAsrcclltent.

This Agreement, including the Exhibits attached hercto, constitutes the entire agreement betrveen the Parties with respect to the subject matter hereof and supersedes all prior agreements between the Parties rvith lespect to the matters contained in this Agreement.

23. AgreementBirrding.
fhis Agreement shall be binding upon the Parties signing and their respective successors and assigns.

24. Ct:nl¡:liance with l,aw.

All rights of either Party as set out in this Agreement, including the Exhibits attached hereto, shall be in accordance with state and local law. ln the case of a conf'lict between the terms of this Agreement and the requirements of state law, the state law shall govern, Any actions taken by tle Parties required by state law but inconsistentwith theternls of this Agreernent shall not be construed to be a breach or default of this Agreement. 9 17236,00000\29926s ss.4

IN \ryITNESS VyHEREOF, the Parties have executed this Agreement aç of the date( s) indicated below,

SIGNATURE PAGE
TO

JOINT USE AGREEMENT

AQUATICS FACILITIES)
CITY"

CITY OF SHAFTER
a California municipal corporation and charter law
city
By
Dated:
hW -
Scott Hi¡rlbert, City Manager
VrtVUt'/
City Clerk
17236.00000\29926sss.4
l0

SIGNATURE PAGE
TO

JOINT USE AGREEMENT

AQUATTCS FACILITIES)

SHAFTER RECREATION AND PARK DISTRICT''

SHAFTER RECREATION AND PARK DISTRICT
a California recreation and park district
By
District
Dated I0- ll - & sl?
of
17236, ooooo\ 29926555. 4
l1

EXHIBIT A
TO

JOINT USE AGREEMENT

AQUATICS FACILITIES)
EXHTBIT " A'

AQUATIC CENTER PARCEL
ALL THAT PORTION OF TI.IE SOUTIIEAST QUARTER OF SECTION 9. TOWNSI- IIP 28 SOUTH, RANGE 25 EAST, M,D.M., IN IIIE CITY OF SHAFTER, COUNTY OF KERN, STATE OF CALIFORNIA, BEING DESCRIBED AS FOLLOWS:

BEGINNING AT THE CENTERLINE INTERSECTION OF NORTH VALLEY STREET AND POSO AVENUE AS SHOWN ON TRACT NO. 6447 AS FTLED IN MAP BOOK 58 AT PAGES 4.1 THROUGH 43 IN THE OFFICE OF THE KERN COUNTY RECORDER' MARKÊD BY A BRASS CAP STAMPED L.S.4831 IN A CONCRETE MONUMENT IN A LAMPHOLE;THENCE S.89'48' 19.'E. ALONG SAID CENTÊRLINE OF POSO AVENUE.

A DISTANCE OF 263. 38 FEET;THENCE DEPART1NG SAID CENTERLINE AT RIGHT ANGLES. S.OO' 11'41"W., 30 OO FEET TO THE SOUTH RIGHT- OF-WAY OF POSO Àvg¡ lueiTFIENcE s,19;4s'42"W., 00. 08 FEET;TIIENCE S.00"20'01"E.,153' 61 FEETi lHEr.lCÈ'S,a9,29'39'8., 35. 19 FEET; THENCE S.00"15'54"W , ' 180.80 FËET; THENCE N 89"36'09W., 120. 71 FEET; fgeNCe S.00"23'15"W'' 8'00 FEET; THENCE N.89"40'35"W,, 131.47 FÉET TO TI.IE EAST RIGHT. OF-WAY OF NORTH VALLEY STREET; THEñgE N,B9'27'41"W., 30.00 FEET TO SAID CENTERLINE OF NgRTH VeU- Ey'Sf qEET; TI1ENCE N,00';32'19"E, ON AND ALONG SAID CENTERLINE, A DIETANCE OF 428.g1FEET TO THE POINT OF BEGINNING'
CONTAINING 2,57 ACRES GROSS.

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17236.Õ0ooo\29926555.4
l3

EXHIBIT B
TO

JOINT USE ACREEMENT

AQUATICS FACILITIES)
Fee Schedule for Recreation Disffict' s Use of the
Shafter Aquatics Facilities
Fee Schedule
Admission Fee:

Locker Bag
Pool Rental
2 Hour Blocks
Level I:

Level II:

Cleaning and SecuritY DePosit

2.00 (regardless if you swim or not)

0.50 each
1 50. 00
175. 00

50.00 50 or less
s1-100
17236.00000\2992655s.4
t4

4 EXHIBIT C
TO

JOINT USE AGREEMENT

AQUATICS FACILITIES)
Responsibilities of City
l, Maintain exterior landscaping and supporting irrigation system'

2. Electricity utility service'
3, Maintain exterior parking lot including, but not limited to, the following:
a, Asphalt and concrete Paving
b, Sidewalks and sidewalk access ramps
c. Lighting
d. Pavement striping of standard and ADA accessible parking spaces e. Maintain in a clean and safe condition'
Subject to approval of the City, budget capacity and procurement policies; major aint.nan"å'or capital improvemenis at the Aquatics Facility. Major maintenance andcapital improvements are definedas tangibte items with a cost in excess of $ 10,000 and a useful life of more than one year.
1723 6,oo0o0\299265s5.4
15

EXHIBIT D'
fo

JOINT USE AGREEMENT

AQUATICS FACILITIES)
Responsibilities of Recreation District
1, Operation, nraintenance and repair, including cleaning, of interior of the Aquatics Facility, including but not lirnited to the following:
a. Routine Painting.
b. All utilities except for electricity service, including but not limited to water, sewer, trash, and nattlral gas,
c. Pool chemicals as required by applicable health laws and perrnits. d. Anything not defined in Exhibit "CÐ as "Major Maintenance or Capital lmprovetnents".

2. Stocking of all necessary supplies and equipment to nraintain the operation and have it comply wittr applicable laws and permits, including, but not lirnited to:
a. Restroom soap' toilet paper and paper towels'
b. Chernicals needed to keep the pool water acceptable for public use. c. Ceneral cleaning supplies arrd equipment necessary for a safe and sanitary operation of a public Pool facilitY.

3. proper staffing during normal business hours and special events, including life guards, as mandated by applicable laws or pertnits'

4. proper permitting and oversight of concessions during normal business hours and special events.

5. Consistently collect appropriate fees for routine ancl special event use of the pool and dooument this collection for the allof the signatories ofthis agreement'

6. Reimburse the City should the City be forced to fund or sfaff areas of the District' s responsibilities listei above in this r*l.ri¡it that can' t irnmecliately be fulfilled by the District'

7. Create and maintain a master pool use and reservation schedule. 17236.00000\299265s5, 4
l6

CATE NO. rvrvlr¡ JurIItr
GL1- 720s Al CERTIF¡CATE OF COVERAGE 04t11t2018
CSAC Excess lnsurance
Authority
C/O ALLIANT INSURANCE SERVICES, INC.

PO BOX 6450
NEWPORT BEACH, CA 92658{ 450
PHONE ( g4s') 7564271 1 rnX lOi S¡ 699-0901
LTcENSE # 0C36861
THIS CERTIFICATÊ IS ISSUEÐ AS A VIATTER OF INFORIVTATION ONLY AND CONFERS NO RIGHTS UPON THE

CERTIFICATF HOLDER, THIS CERTIFICATE DOES NOT AIFIRMATIVELY OR NEGATIVELY AMEND, EKTEND OR ATTER THE COVERAGE ATFORDED BELOW, THIS CËRTIFICATE OF COVERAGE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER( S), ATJTHORIZED REPRESENTATIVE OR PRODUCER. AND IHE CERÏIFICATE HOLDER
I|\4PORTANT: lf lho cerlificate holder is an ADDII| ONAL INSURED and/ or requesling a WAIVER OF SUBROGATION, lhe Memorandums of Coverage must be endorsed A slatement on lhis cerlificate does not confer rights lo the cerlificale holder in lieu of such endoæemenl( s)

COVERAGE

AFFORDED
A - CSAC Excess lnsurance Authority
Member:

CALIFORNIA ASSOCIATION FOR PARK AND
RECRËATr ON rNDEMNTTY-( CAPRT)
ATTN: PAT CABULAGAN
6341 AUBURN BLVD, SUITE A
CITRUS HEIGHÏS, CA 95621-5203

COVERAGE

AFFORDED B

COVERAGE
AFFORDED c

COVERAGE

AFFORDED D
Coverages

THIS IS TO CERTIFY THAT THE MEMORANDUMS OF COVERAGE LISTED BELOW HAVE BEEN ISSUED TO THE MEMBER NAMED ABOVE FOR lHE PERIOD INDICATED, NOTWTHSTANDING ANY REOUIREMENT, TËRM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WTH REsPECl TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE COVERAGE AFFORDED BY THE MEMORANDUMS DESCRIBED HEREIN IS SUBJECT TO ALL THË TERMS, EXCLUSIONS, AND CONDITIONS OF SUCH MEMORANDUMS, TIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
co
LTR

TYPE OF COVERAGE MEMORANDUM
NUMBER

COVERAOE EFFECTIVE
DATE (MM/DDry\^ rÐ

COVERAOE EXPIRATION
DATE (MM/DD¡IYYY)

LIABILITY LIMITS
A I
General LiabilítV EIA. PE 17 E1.79 07tolt2017 07t01120' 18 $ 5,000, 000 Limits inclusive of lhe
Membet,e Self-lnsur€d
Retention of $ 1'000'000
Description of OperationslLocationsAy'ehicles/Special ltems:

AS RESPECTS AGREEMENT BETVúEEN SHAFTER RECREATION & PARK DISTRICT AND C¡TY OF SHAFTER FOR USE OF PROPERW AT SHAFTER AOUATIC CENTER, 269 POSO STREET, SHAF'TER, CA 93263.

CITY OF SHAFTER AND ITS DIRECTORS, OFFICIALS, OFFICERS, EMPLOYEES, VOLUNTEERS, REPRESENTATIVES AND AGENTS ARE INCLUDED AS ADDITIONAL COVERED PARTIES, BUT ONLY INSOFAR AS THE OPERATIONS UNDER THIS CONTRACT ARE CONCERNED.

THIS ENDORSEMENT SHALL BE PRÍMARY PURSUANT TO ENDORSEMENT NUMBER U.1 O

SHAFTER RECREATION AND PARK DISTRICT IS A MEMBER OF CALIFORNIA ASSOCIATION FOR PARKAND RECREATION

INDEMNITY( CAPRI)
Certificate Holder

CITY OF SHAFTER
336 PACIFIC AVË
SHAFTER, CA 93263
Cancellation
SHOULD ANY OF TI{E ABOVE DESCRIBFD MEMORANDUMS OF COVERAGES BE CANCELLED BEFORETHÊ EXPIRATION OATETHËRÊOF, NOTICEWL BE DELIVERED IN ACæRDANCË

WTH THE MEMORANDUMS OF COVERAGE PROVISIONS,
AUTHORIZED REPRESENTAII VË

ISSUE DATE
CSAC EXCESS ìNSURAI' ICE PAGE I OF 2

ENDORSEMENT NO. q
CSAC EXCESS ¡NSURANCE AUTHORITY
GENERAL LIABILIry I

ADD ITIONAL COVERED PARTY AMEN DATORY ENDORSEMENT
It is agreed that the 'Covered Party, Covered Persons or Entities" section of the Memorandum is amended to include the person or organization named on the Certificate of Coverage, but only with respecl to liabilíty arising out of premises owned by or rented to the Member, or operations performed by or on behalf of the Member or such person or organization so designated.

Coverage provided underthis endorsement is limited to the lesser of the limits stated on the Certificate of Goverage or the minimum limits required by contract.

ADDITIONAL COVERED FARTY:

NAME OF pEFSON oR ORGAî{ IZATTON sC.HEpU!-Ep PER ATTACHED çERTTFTC$ EOF COVERAGE AS RESPECTS:

PER ATTACHED CERTIFICATE OF COVERAGE
It is further agreed that noth¡ng herein shall act to increase the Authority' s limit of liability This endorsement is part of the Memorandum and takes effect on the effective date of the Memorandum unless another effective date is shown below. All other terms and conditions remain unchanged.

Effective Date:

Memorandum No.: PER ATTACHED CERTIFICATE OF COVERAGE
lssue Date: June26.2017
Authorized Re
CSAC Excess lnsurance
PAGE 2 OF 2

ENDORSEMENT NO. U-10

CSAC EXCESS INSURANCE AUTHORITY
GENERAL LIABILITY 1
AM E N DATORY EN DORSE M ENT . PRI MARY/ NON. CONTRIBIITORY It is understood and agreed that Condition 7. OTHER COVERAGE, of the Memorandum to which it is attached, is deleted in its entirety and replaced by the following:

7. OTHER COVERAGE
lf collectible insurance with an insurer is available to the covered party covering a loss also covered hereunder ( whether on a primary, excess or contingent basis), the coverage hereunder shall be in excess ol and shallnotcontributewith, such insurance; provided thatthis clause does notapplywith respect to excess insurance purchased specifically to be in excess of this Memorandum, orto insurance or reinsurance which is intended to provide the remainder of the limit of liability stated in the Declarations of this Memorandum when the coverage afforded underthis Memorandum provides less lhan 100 percent of the limit set forth in the Declarations. However, if the covered party has entered into a written agreement, prior to any loss event, in which it is agreed that this coverage shall be primary and/or non- contributory with respect to an addit¡ onal covered party as specified in Endorsement U-1 of this Memorandum, then this coverage shallrespond as primary and/or noncontributory, but shall be limited to the lesser of the limits stated on the Certificate of Coverage or the minimum limits required by the written agreement.

Notwithstanding the foregoing paragraph, if, because of liability arising out of or in connection with the operation of any clinic or established health care facility, coverâge for damages is available under this Memorandum and under the Author¡ty's Medical Malpractice Program, it shall be conclusively presumed that the coverage afforded under the Medical Malpractice Program shâll be primary and any coverage available under this Memorandum shall be excess only. For claims to which this provision applies, the exhaustion of the Authority's limit of liability under the Medical Malpractice Program will satisfy the covered party' s self-insured retention under this Memorandum.

Coverage for the additional covered party under this endorsement is limited to the written contract or agreement as specified on the Certificate of Coverage and Endorsement U-1 of this Memorandum.

It is further agreed that nothing herein shall act to increase the Authority's limit of liability.

This endorsement is part of the Memorandum and takes effect on the effective date of the Memorandum unless another effective date is shown below. All other terms and conditions remain unchanged.

Effective Date:
lssued To:
lssue Date:

Memorandum No.: EIA 17 EL- 00
June 30.2017
Authorized Rep

ALL MEMBERS
horityCSAC Excess lnsurance

CERTIFICATÊ NO. rssuE DArE (MM/ DD/ YyYY)
CAPRr- 170 CERTIFICATE OF COVERAGE 04t11t2018
Primary lnsurance Provided by

CALIFORNIA ASSOCIATION FOR PARK AND
RECREATION INDEMNIÏY ( CAPRI)
ATTN: PAT CABUI- AGAN
6341 AUBURN BLVD, SUITE A
ctrRUs HEtGHTS, CA 9562' t-5203
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THË CERTIFICATË HOLOER THIS CÉRTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMENq ÐfiËND

OR ALTER THE COVERAGE AFFOROEO BELOW THIS CERTIFICATE OF COVERAGE OOES NOT coNsTlTUfE A CONTRACT BETWEEN IHE ISSUING INSURER( S), AUÏHORIZED REPRESENTATIVE OR PRODUCER. ANO THE CËRTIFICATE HOLDER.

IMPORTANT: lf lhe aerlificate holder is requesllng â WAIVËR OF SUBROGATION, the Memorandums of Coverage/Polioies must bê ordorsed. A sletomenl on lh¡ s certil¡oal€ dogs nol confer rights to the csrtillcale holder in lieu of suoh endorsement(s).

COVERAGE A . CALIFORNIA ASSOCIATION FOR PARK
AFFoRDED BY'
TYCAPRI RECREATTON | NDEMN|MEMBER:

SHAFTER RECREATION AND PARK DISTRICT COVERAGE

AFFORDED BYI
B

COVERAGE
AFFORDED BY: c
Coveraoes
THIS TS To CERTIFY THAT THE MEMoRANDUMS oF CoVERAGE LISTED BELOW HAVE BEEN ISSUED TO THE MEMBER NAMED ABOVE

FOR THE PERIOD INDICATED, NOTWTHSTANDING ANY REAUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT TMTH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE COVËRAGE AFFORDED BY THE MEMORANDUMS DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS, AND CONDITIONS OF SUCH MEMORANDUMS. co
LTR

TYPE OF COVERAGE MEMORANDUM
NUMBER
COVERAGE EFFÊCTIVE
DATE (MM/DD¡TYYÐ

COVERAGE EXPIRATION
DArE ( MM/OD¡rìryv)
LIABILITY LIM¡TS

A OTHER
PERMISSIBLY SELFINSURED

WORKERS' COMPENSATION

EMPLOYERS' LIABILITY
cA? Rt 2017-2018 WC 07t01t2017 07t01t2018 WORKERS'

COMPENSATION
350, 000
EMPLOYËRS' LIABILITY:
350, 000
Description of Operations/ Locations/ Vehicles/ Special ltems:

AS RESPECTS EVIDENCE OF COVERAGE FOR AGREEMENT BET\A/ËEN SHAFTER RECREATION & PARK DISTRICT AND CIW OF SHAFTER FOR USE OF PROPERTY AT SHAFTER AQUATIC CENTER, 269 POSO STREET, SHAFTER, CA 93263.

THE AUTHORITY WAIVES ITS RIGHTS OF SUBROGATION AGAINST CITY OF SHAFTER AND ITS DIRECTORS, OFFICIALS, OFFICERS, EMPLOYEES, VOLUNTEERS, REPRESENTATIVES AND AGENTS PURSUANT TO ENDORSEMENT NUMBER U-4.

Certifìcate Holder

CIW OF SHAFTER
336 PACIFIC AVE
SHAFTER, CA 93263
Cancellation
SHOULD ANY OF THE ABOVE DESCRIBED MËMORANDUMS OF

COVERAGE/ POLICIES BE CANCELLED BEFORE EXPIRATION THEREOF,

NOTICE IANLL BE DELIVERED IN ACCORDANCE WTH THE MEMORANDUMS

OF COVERAGE/ POLICIES PROVISIONS
UTHORIZEO REPRESENÏAT'
VEh. ØnqanU4@
PAGE 1 of3

CÊRTIFICATE NO. MM/ UUlÏTII
EIA PE.WC.170 CERTIFICATE OF COVERAGE 04111t2018
CSAC Excess lnsurance
Authority
C'O ALLIANT INSURANCE SERVICES, INC.

P.O. BOX 0450
NEWPORT BEACH, CA 92658. ô450
PHONE { e491 7 66- 027 1 / FAX ( 61 9) 699.0901
LtcENSE # 0C36861
THIS CÊRTIFICATE IS ISSUED AS A MAfiER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON lHE CERTFICATE HOLDER. TTIIS CERTIFICATE DOES NOTAFFIRMATVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BELOW. TTIIS CER]IFICATE OF COVERAGE DOES NOT CONSTITUE A CONTRACT BEI\A'EEN ÎIIE ISSUING

INSURER(S), AUTHORIZED REPRESENTATIVE OR PROOUCER, AND THIS CERTIFICATE lf the cer{lllcåte holdet is request¡ng a TtoN,
Memorandum of Covetage/Pollces must be endorsêd. A statment on thls certificate does not to the in liau of such

COVERAGE
AFFORDED BY:

A - See attached Schedule of lnsurers
MEMBER:

CALIFORNIA ASSOCIATION FOR PARK AND

RECREATION INDEMNITY ( CAPRI)
ATTN: PAT CABULAGAN
6341 AUBURN BLVD, SUITE A
CAPRI MEMBER:

SHAFTER RECREATION AND PARK DISTRICT

COVERAGE
AFFORDED BY:

B

COVERAGE
AFFORDED BY:
c

COVERAGE
AFFORDED BY:

D
Coverages

THIS IS TO CERTIFY THATTHE MEMORANDUMS OF COVERAGE LISTEO BELOW HAVE BEEN ISSUED TO THE MEMBER NAMED ABOVE

FOR THE PERIOD INDICATED, NOTWTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE COVERAGE AFFORDED BY THE MEMORANDUMS DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDITIONS OF SUCH MEMORANDUMS. co

LTR TYPE OF COVERAGE

MEMORANDUM
NUMBER

COVERAGE EFFECTIVE
DATE OÍM/DD/YYYÐ

COVERAGE EXPIRATION
DATE O4M/DD/YYVÐ LIABILITY LIMIÏS

A EXCESS WORKERS'

COMPENSATION &
EMPLOYERS' LIABIUry
See attached
Schedule of
lnsurers for policy
numbers
a7n112017 07ß1t2018 WORKERS' COMPENSAÏION:

Difference belr¡¡ een
Slatulory and Membo/ s
350,000 Rêtênt¡ on
EMPLOYERS. LIABILITYI
Difference befr¡¡ een
5,000,000 and Membe/ s
350,000 Relenlion
LIMITS APPLY PER OCCURRËNCE FOR ALL PROGRAM MEMBERS COMBINED.

Descrlptlon of Operatlons/ Locatlonsly' ehicles/ Speclal ltems:

AS RESPECTS EVIDENCE OF COVERAGË FOR AGREEMENT BETWEEN SHAFTER RECREATION & PARK DISTRICT AND CITY OF SHAFTER FOR USE OF PROPERTY AT SHAFTER AQUATIC CENTER, 269 POSO STREET, SHAFTER, CA 93263.

THE AUTHORITY WAIVES ITS RIGHTS OF SUBROGATION AGAINST CITY OF SHAFTER AND ITS DIRECTORS, OFFICIALS, OFFICERS, EMPLOYEES, VOLUNTEERS, REPRESENTATIVES AND AGENTS PURSUANT TO ENDORSEMËNT NUMBER U-4.

Certificate Holder

CITY OF SHAFTER
336 PACIFIC AVE
SHAFTER, CA 93263
Cancellation

SHOULD ANY OF THE ABOVE MEMORANDUMS OF COVERAGHPOLICIES BE

CANCELED BEFORE THE EXPIRATION THEREOF, NOTICE WLL BE

DELIVERED IN ACCORDANCE WTH THE MEMORANDUMS OF

COVERAGEIPOLICI ES PROVISIONS

AUTHORIZED REPRESENTATIVE
CSAC ÊXCÊSS INSURANCE AUTHORITY

ISSUE DATE
2oÍ3

CSAC EXCESS INSURANCE AUTHORIW
EXcEss woRKERs' öoupeNSATroN pRocRAM
201712018 SCHEDULE OF ¡NSURERS
CAPRI

PROVIDER

MEMORANDUM/ POLICY
NUMBER
LIMIT
CSAC Excess lnsu¡ance Authority
Li belty lnsurance Corporation
EIA-PE 17 EWC.15
E]1]fr-641- 444785- 017
Workers' Compensation:
50,000,000 eachaccidenUeachemployee
for disease
Difference betweeri $ 50,000,000 and the
individual member's retentio n)
Employers' Liability:
5,000,000 eachaccident/ eachemployee
for disease
Difference between $ 5,000, 000 and the
individual member' s
Statutory each accidenU each employee
for disease excess of
50,000, 000
EWC PAGE 3 of 3

ENDORSEMENT NO. U.4

CSAC EXCESS INSURANCE AUTHORITY

EXCESS WORKERS' COMPENSATION,

WAIVER OF SUBROGATION ENDORSEMENT
It is understood and agreed that Section Vlll. SUBROGATION of the CONDITIONS section of the Memorandum of Coverage is deleted in its entirety and replaced by the following:

Vlll. SUBROGATION: In the event of any payment under this Memorandum, the Authority shall be subrogated, to the extent of such payment, to all the Covered Party's rights of recovery therefore, and the Govered Party shall execute all papers required and shall do everything that may be necessary to secure such rights. Any amount recovered as a result of such proceedings, together with all expenses necessary to the recovery of any such amount shall be apportioned as follows: The Authority shallfirst be reimbursed to the extent of its actual payment hereunder. lf any balance then remains, said balance shall be applied to reimburse the Covered Party. The expenses of all proceedings necessary to the recovery of such amount shall be apportioned between the Covered Party and the Authority in the ratio of their respective recoveries as finally settled. lf there should be no recovery in proceedings instituted solely on the initiative of the Authority, the expenses thereof shall be borne by the Authority.

However, in the event of any loss payment under this Memorandum for which you have waived the right of recovery in a written contract entered into prior to the loss, we hereby agree to also waive our right of recovery but only with respect to such loss.

It is further agreed that nothing herein shall act to increase the Authority' s limit of indemnity.

This endorsement is part of the Memorandum of Coverage and takes effect on the effective date of the Memorandum of Coverage unless another eflective date is shown below. All other terms and conditions remain unchanged.

Effective Date: Memorandum No.: EIA 17 EWC.OO
lssued to: ALL MEMBERS
lssue Date: June 26, 2017
Authorized Re
CSAC Excess

EXHIBIT " C"

RULES OF USE OF SWIMMING POOL
Public agencies, school swim classes, swim clubs and other groups using the Shafter Swimming Pool shall observe, in addition to standard health and safety rules, the following regulations on the use and care of the facilities and equipment:

An authorized lifeguarding certificate holder must be in responsible charge of group at all times.

The Red Cross recommended staffing levels for life guards will be utilized. a. Free Swim:
times.
100 plus students in pool at one time..........Another guard on deck is required.

Controlled activity ( i.e., swim practice): ............. One coach on deck at all times.

Baby pool One guard on deck at all times
Unauthorized persons are not permitted in pool area.

All bathers must wear regulation swim suits. Shirts of any kind and cut-offjeans are prohibited.

No street shoes are permitted on the deck.

Coach or group leader must see tha| all participants take foot showers before entering deck area and complete showers before entering pool water.

Only coach or group leader is permitted to:
a. Enter filter equipment room.
b. Operate lighting controls.
c. Lock and unlock gates.
d. Operate shower controls.

Changing adjustments or tampering with filter machinery in any way is prohibited.

Pets, bobby pins, candy, chewing gum, food, or glass containers are prohibited and not allowed in pool, deck area or locker room.

Smoking is prohibited
Littering pool, deck area, filter rooms, restrooms with clothing, towels bobby pins, wrappers, or any kind of food or drinks is prohibited.

Operating electrical appliances, radios, record players and amplifiers in pool area is prohibited unless approved by the City.

Storage of equipment or supplies is not permitted in pool buildings or area unless approved by the City. At the conclusion of an event all gear must be removed.

Park vehicles only in designated parking areas. Parking on service drives or on lawns is prohibited. Violators will be subject to police action.

13. Excessive bouncing or more than one person on the diving board is prohibited.

No less than 3 guards on deck at all
b.
c.
d.

2. J.

4. 5.

6. 7.
8 9

10. 11.

12. ExhibitC-Page1

14. l5

16. The City will not be responsible for lost articles.

After school lessons, after school parties, weekend parties or any kind of extra pool activities must be approved by the City. Appropriate charges will apply.

Compliance with these regulations will assist the City in maintaining clean, safe and pleasant swim facilities. Please cooperate and inform the City of any condition to the contrary.

Exhibit C -Page2

CONSENT CALENDAR

CITY OF SHAFTER

CITY COUNCIL REPORT
MEETING DATE: February 17, 2026
DEPARTMENT: David Franz, Community Services Director
SUBJECT: COLOURS RUN 5K SPECIAL EVENT PERMIT APPROVAL

RECOMMENDATION
Council find the action is not defined as a “project” per Section 15378(b)(5) of the CEQA Guidelines; approve the Special Event Permit application submitted by the Shafter Kiwanis Club for the Colours-Fun Run (5K) on February 28, 2026.

BACKGROUND
The Shafter Kiwanis Club submitted a Special Event Permit application for the “Colours-Fun Run,” a 5K run anticipated to have approximately 100 participants at a time. The event is proposed for Saturday, February 28, 2026, with activities centered at Sequoia School (corner of Fresno Avenue and Mannel Avenue).

Because the event includes activity within the public right-of-way, the applicant requested a temporary encroachment/traffic control plan. The application indicates the route will be marked with white chalk and that traffic cones will be placed at roadway crossings. The applicant also requested City-provided materials including barricades, cones, and traffic control signs.

Public Works crews will install traffic control/road closure measures. Estimated City cost: $600.

Council action is requested to authorize the Special Event Permit and associated rightof-way encroachment and traffic control implementation.

FISCAL IMPACT
The estimated City cost associated with traffic control and public works support for the event is approximately $600. Sufficient appropriations are available within the current Public Works operating budget to absorb these costs. No budget adjustment or additional appropriation is necessary.

CEQA ANALYSIS
The action is not defined as a “project” per Section 15378(b)(5) of the CEQA Guidelines because the action is approval of a special event permit and therefore, it is organizational and administrative activity that will not result in direct or indirect physical changes to the environment and not subject to CEQA.

COLOURS RUN 5K SPECIAL EVENT PERMIT APPROVAL
- 2 -

APPROVED BY THE CITY ATTORNEY

ATTACHMENTS
None

PUBLIC HEARINGS

CITY OF SHAFTER

CITY COUNCIL REPORT
MEETING DATE: February 17, 2026
DEPARTMENT: Rogelio Sanchez, Finance Director
SUBJECT: UNMET TRANSIT NEEDS FISCAL YEAR 2026/2027

RECOMMENDATION
Council find the action not defined as a “project” per Section 15378(b)(5) of the CEQA Guidelines; conduct a public hearing; and adopt Resolution No. 3061, a Resolution of the City Council of the City of Shafter establishing Unmet Transit Needs findings for Fiscal Year 2026/2027.

BACKGROUND
The Transportation Development Act of 1971 (TDA), as amended, provides for the disbursement of funds from the Local Transportation Fund for various eligible transportation uses. The funds are distributed by the Kern Council of Governments (KernCOG) through its capacity as the Regional Transportation Planning Agency. An eligible claimant wishing to receive TDA funding through KernCOG must conduct an annual review of the transit needs of the individuals and groups in the community. This year’s submittal of the Public Hearing documentation is due to KernCOG by the end of April 2026.

Attached for Council consideration is Resolution No. 3061, a Resolution of the City Council of the City of Shafter Establishing Unmet Transit Needs Findings for Fiscal Year 2026/2027. The public hearing on the matter has been properly advertised.

Attached is a copy of the posted advertisement. Staff have not received any written comments on the matter. This public hearing must be conducted to receive oral comments concerning unmet transit needs which can be reasonably met and consider comments if any are received.

The transportation requests outside of the City limits are not within the jurisdiction of the City of Shafter and have been referred to KernCOG as the regional transportation planning authority.

FISCAL IMPACT
TDA Funds are annually budgeted and this funding source assists in the delivery of transit services in the community. There is no fiscal impact directly associated with holding the annual unmet transit needs public hearing. If unmet transit needs which can be reasonably met are identified, they will be taken into consideration during the 2026/2027 budget development process.

UNMET TRANSIT NEEDS FISCAL YEAR 2026/2027
- 2 -

CEQA ANALYSIS
The action is not defined as a “project” per Section 15378(b)(5) of the CEQA Guidelines because the action is establishing unmet transit needs findings for Fiscal Year 2026/2027 and therefore, it is organizational and administrative activity that will not result in direct or indirect physical changes to the environment and not subject to CEQA.

APPROVED BY THE CITY ATTORNEY
No

ATTACHMENTS

1. Resolution No. 3061

2. Legal Notice 2026 02 17 CC Unmet Transit Needs 2026 2027

RESOLUTION NO. 3061

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SHAFTER ESTABLISHING UNMET TRANSIT NEEDS FINDINGS FOR FISCAL YEAR 2026-2027 WHEREAS, the Transportation and Development Act Statues and Administrative Code for 1982 requires that before any allocation of Transportation Funds is made for a purpose not related to public transportation services that a public hearing be held to determine if there are unmet transit needs which can be reasonable met.

WHEREAS, pursuant to Public Utilities Code 99401.5, the City of Shafter is required to establish and define the terms “unmet transit needs” and “reasonable to meet.” WHEREAS, The City of Shafter has elected to use the same definition as the Kern Council of Governments (Kern COG) as adopted in Kern COG Resolution 90-04 which defines “unmet transit needs” and “reasonable to meet” as follows: “An unmet transit need exists if an individual of any age or physical condition is unable to transport himself or herself due to deficiencies in the existing transportation system. Excluded are 1) Those requests for minor operational improvements, and 2) Those improvements funded and scheduled for implementation in the following year. The term “reasonable to meet” is defined: A) Operational Feasibility. The requested improvement must be safe to operate, and there must be adequate roadways for transit vehicles; B) Duplication of Service. The proposed service shall not duplicate other transit services; C) Timing. The proposed services shall be in response to an existing, rather than a future need; and D) Service must meet the legally required farebox ratio (PUC Sections 99268.2, 99268.5 and CAC Section 6633.2, 663.5) with fares close to fares of similar service.” WHEREAS, a public hearing was held at a regular meeting of the City Council on February 17, 2026, for the purpose of receiving public testimony on Unmet Transit Needs and no oral or written comments establishing an unmet transit need which could be reasonably met were received.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shafter as follows,
Section 1. The facts herein are true and correct.

Section 2. The City of Shafter adopts the definition of “unmet transit needs” and “reasonable to meet” as described above.

Section 3. after consideration of all available information, including that presented at the public hearing, that there are no unmet transit needs which can be reasonable met within the City of Shafter.

Shafter City Council Resolution No. 3061
February 17, 2026

PASSED AND ADOPTED THIS 17th DAY OF FEBRUARY 2026.
_______________________________
Chad Givens, Mayor
ATTEST:
_______________________________
Yazmina Pallares, City Clerk
APPROVED AS TO FORM:
_______________________________
Marco A. Martinez, City Attorney

NOTICE OF PUBLIC HEARING

SHAFTER CITY COUNCIL
NOTICE IS HEREBY GIVEN that on February 17, 2026, at 6:00 p.m., the Shafter City Council will conduct a public hearing to consider the Unmet Transit Needs for Fiscal Year 2026/2027.

Said hearing is open to the public and all persons interested are invited to attend and be heard. Any person wishing to be heard, or wishing to present evidence either for or against the approval of said project is hereby notified and directed to either appear at the time and place aforesaid or send written comments to the City Clerk, City of Shafter, 336 Pacific Avenue, Shafter, CA 93263.

Should anyone challenge any proposed action which is the subject of a Public Hearing listed on this Notice, that person may be limited to raising those issues addressed at the Public Hearing, or in written correspondence delivered to the City Clerk at or prior to the Public Hearing.

You are encouraged to observe the City Council meeting live via YouTube https://www.youtube.com/user/CityofShafter/. If you wish to make a comment on a specific agenda item or public comment, please submit your comment via email by 5:00 P.M. on Tuesday, February 17, 2026, to the City Clerk at [email protected]. If you wish to make a written comment please submit your comment to the City Clerk, 336 Pacific Avenue, Shafter, CA 93263.

If you wish to make a comment during the live meeting by joining the conference via Zoom (include making live comments during the public comment period), callers must first register with the City Clerk at [email protected] before the meeting begins to receive instructions and the call-in number and code. All public comments are provided to the City Council and applicable Staff, for review and consideration by the Council prior to taking action on any matters listed on the agenda and are incorporated into the official record of the City Council meeting.

Yazmina Pallares, City Clerk
Dated: January 2, 2026
Publish Date: January 8, 2026

MANAGEMENT REPORT

CITY OF SHAFTER

CITY COUNCIL REPORT
MEETING DATE: February 17, 2026
DEPARTMENT: Alex Gonzalez, Public Works Director, Michael James, Assistant City Manager
SUBJECT: URBAN GREENING PROJECT PHASE II FUNDING AGREEMENT

RECOMMENDATION
Council find that the action is exempt from the California Environmental Quality Act; approve Phase II of the Urban Greening Project with a total project value of approximately $550,000; amend the City’s Capital Improvement Program to reflect $550,000 in project expenditures and $550,000 in AB 617 grant reimbursement revenue; and authorize the City Manager, or a designee of the City Manager, to execute the funding agreement (Agreement No. G-295602-A1) with the San Joaquin Valley Air Pollution Control District and all related documents necessary to implement Phase II of the Urban Greening Project

BACKGROUND
The City has been actively implementing an Urban Greening Project to improve air quality, reduce greenhouse gas emissions, and enhance public spaces through strategic tree planting throughout the community. The project supports the objectives of State of California Assembly Bill 617 (AB 617) and the City’s participation in the Urban Greening Emission Reduction Program, which prioritizes environmental and public health improvements in disadvantaged communities.

On April 16, 2024, the City Council authorized implementation of the Urban Greening Project and approved funding and expenditures for the first phase. Phase I of the project, valued at approximately $50,000, was completed in 2024 and was highlighted by tree planting improvements at Mannel Park and Veterans Park. These highly visible park enhancements increased shade, improved park usability, and demonstrated the effectiveness of targeted urban greening investments.

Phase II represents a significant expansion of the Urban Greening Project following the successful completion of Phase I. The second phase is valued at approximately $550,000 and will fund tree plantings at multiple City parks, local schools, and recreational sites throughout the community. A major component of Phase II is the new community park in North Shafter, which alone is proposed to receive nearly 100 new trees, substantially increasing the tree canopy and long-term environmental benefits at that location. In total, Phase II proposes the planting of approximately 178 trees using a combination of City crews and contractor services, depending on site conditions and

URBAN GREENING PROJECT PHASE II FUNDING AGREEMENT
- 2 -
efficiency. A detailed cost estimate has been prepared outlining the proposed planting locations and associated costs .

Staff anticipates receiving a funding agreement from the San Joaquin Valley Air Pollution Control District later this month for Phase II. It is further anticipated that the full $550,000 project cost will be reimbursable through a grant authorized by the AB 617 Shafter Project Steering Committee, allowing the City to implement Phase II without long-term impact to City funds.

Approval of Phase II will allow the City to build upon the successful 2024 park improvements, expand urban greening efforts to schools and recreational facilities, and continue delivering long-term environmental and community benefits consistent with prior Council direction.

FISCAL IMPACT
Phase II of the Urban Greening Project is valued at approximately $550,000. The City’s Capital Improvement Program (CIP) will need to be amended to reflect both the anticipated project expenditures and the corresponding reimbursement revenues associated with Phase II.

It is anticipated that 100 percent of the Phase II project costs will be reimbursed through an AB 617 grant authorized by the Shafter Project Steering Committee and administered through the San Joaquin Valley Air Pollution Control District. Upon receipt and execution of the funding agreement, staff will amend the CIP to program $550,000 in project expenditures and $550,000 in grant reimbursement revenue. As a result, Phase II of the Urban Greening Project is expected to have no net fiscal impact to the City.

CEQA ANALYSIS
The project is categorically exempt from the California Environmental Quality Act (CEQA) per Section 15303 of the CEQA Guidelines because the project is the installation of 178 trees in public spaces throughout the City, which is of a similar intensity to the exemption examples called out in Section 15303 of the CEQA Guidelines.

APPROVED BY THE CITY ATTORNEY
Not Applicable

ATTACHMENTS
None

MANAGEMENT REPORT

CITY OF SHAFTER

CITY COUNCIL REPORT
MEETING DATE: February 17, 2026
DEPARTMENT: David Franz, Community Services Director
SUBJECT: TEMPORARILY SUSPENDING COLLECTION OF THE BUSINESS

LICENSE TAX REQUIRED BY SHAFTER MUNICIPAL CODE
SECTION 5.04.230 FOR VENDORS PARTICIPATING IN

APPROVED SPECIAL EVENTS RESOLUTION ADOPTION

RECOMMENDATION
Council find the action is not defined as a “project” per Section 15378(b)(2) of the CEQA Guidelines; adopt Resolution No. 3062, a Resolution of the City Council of the City of Shafter temporarily suspending collection of the business license tax required by Shafter Municipal Code Section 5.04.230 for persons engaged in unclassified businesses as part of approved special events.

BACKGROUND
Shafter Municipal Code (SMC) Section 5.04.230 (“License Tax – Unclassified business without fixed place of business”) requires that every person who does not have a fixed place of business in the City, and who engages in an unclassified business in the City, pay an annual business license tax of $160.

The City hosts and permits special events throughout the year. These events support community gathering and local economic activity and may include vendor booths.

Under current practice, vendors participating in special events are required to obtain a Shafter business license. For vendors who only operate in Shafter for a single day or limited number of event days, the annual business license tax amount set by SMC Section 5.04.230 can be disproportionate to the limited, temporary nature of their activity.

The attached resolution is intended to address this issue on a temporary basis while staff reviews the application of SMC Section 5.04.230 to special-event vendors and evaluates longer-term options for a fair and proportionate approach.

FISCAL IMPACT
Approval of the proposed resolution may result in a minor, temporary reduction in business license revenue to the extent that certain special-event vendors would not be required to pay the full annual business license tax under SMC Section 5.04.230. No budget adjustment is required at this time.

TEMPORARILY SUSPENDING COLLECTION OF THE BUSINESS LICENSE TAX REQUIRED BY SHAFTER MUNICIPAL CODE SECTION 5.04.230 FOR VENDORS PARTICIPATING IN

APPROVED SPECIAL EVENTS RESOLUTION ADOPTION
- 2 -

CEQA ANALYSIS
The action is not defined as a “project” per Section 15378(b)(2) of the CEQA Guidelines because the action is the temporary suspension of the collection of business license tax for vendors participating in approved special events and therefore, it is considered general policy and procedure making and not subject to CEQA.

APPROVED BY THE CITY ATTORNEY

ATTACHMENTS

1. Resolution No. 3062

RESOLUTION NO. 3062

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SHAFTER

TEMPORARILY SUSPENDING COLLECTION OF THE BUSINESS LICENSE TAX REQUIRED BY SHAFTER MUNICIPAL CODE SECTION 5.04.230 FOR PERSONS

ENGAGED IN UNCLASSIFIED BUSINESSES AS PART OF APPROVED SPECIAL EVENTS
WHEREAS, the City of Shafter, California (“City”) is a municipal corporation, duly organized as a Charter City under the constitution and laws of the State of California; and WHEREAS, the City Council of the City of Shafter (“City Council”) is authorized by Article XI, Section 7 of the California Constitution to create and enforce laws and regulations to promote local police, sanitation, and other matters, including matters related to the efficient, fair and equitable collection of local business license taxes; and WHEREAS, Shafter Municipal Code, Section 5.04.230 (License Tax - Unclassified business without fixed place of business) provides that:
“Every person not having a fixed place of business in the city, who engages in any business in the city, which business is not specifically classified and designated in this chapter and for which business a license tax has not been fixed and imposed by any other section, shall pay an annual license tax of one hundred sixty dollars.” WHEREAS, the application of Section 5.04.230 to persons engaged in business as vendors in yearly and/or periodic special events requires payment of the license tax in an amount that assumes a more robust business presence in the City; and WHEREAS, in order to assure the business license tax on unclassified businesses without a fixed place of business the City is applied fairly, equitably and proportionally, the City Council wishes to temporarily suspend a portion of the amount due and direct City staff to review its application; and
WHEREAS, such temporary suspension is not intended to be permanent and is not intended to change any existing methodology for calculating the license tax at its approved rate (A.B. Cellular v. City of Los Angeles (2007) 150 Cal.App.4th 747); and NOW, THEREFORE BE IT RESOLVED AS FOLLOWS:

SECTION 1. The City Council of the City of Shafter (“City Council”) hereby suspends a portion of the business license tax required to be paid pursuant to Shafter Municipal Code, Section

5.04.230 for vendors participating in approved special events authorized pursuant to Section 2.100 (SPECIAL EVENT PERMITS) of the City of Shafter Zoning Ordinance. The license tax to be paid by such vendors shall be $10.00 per event, not to exceed $160.00.

SECTION 2. The City Council finds that suspension of a portion of the license tax required by Shafter Municipal Code, Section 5.04.030 is intended to be temporary and shall not amend any existing methodology for calculating the license tax.

Shafter City Council Resolution No. 3062
February 17, 2026

SECTION 3. This Resolution shall be effective upon adoption and shall remain effective until repealed. The City Manager or designee is hereby directed to review the application of Section

5.04.230 and report findings to the City Council.

PASSED AND ADOPTED THIS 17th DAY OF FEBRUARY, 2026.
__________________________________
Chad Givens, Mayor
ATTEST
__________________________________
Yazmina Pallares, City Clerk

APPROVED AS TO FORM
__________________________________
Marco A. Martinez, City Attorney