336 Pacific Avenue, Shafter, CA 93263
Meeting Held In-Person and Via Zoom and Livestream on YouTube.
AGENDA
REGULAR MEETING
SHAFTER CITY COUNCIL
TUESDAY, MAY 19, 2026
NOTICE TO THE PUBLIC:
Any documents produced by the City and distributed to a majority of the City Council regarding any item on this agenda will be made available in the City Clerk’s Office during normal business hours at City Hall located at 336 Pacific Avenue, Shafter CA. In addition, such documents will be posted on the City’s website at www.shafter.com.
CALL TO ORDER: 6:00 PM
ROLL CALL: Mayor Givens
Mayor Pro Tem Olvera
Council Member Alvarado
Council Member Espinoza
Council Member Prout
PLEDGE OF ALLEGIANCE: Mayor Givens
INVOCATION: Council Member Espinoza
APPROVAL OF AGENDA:
PRESENTATION:
1. National Public Works Week
PUBLIC COMMENT:
Those persons wishing to speak on any item included on the agenda, or on any matter within the subject matter jurisdiction of the City Council, are invited to speak from the podium and address the City Council. Speakers are limited to five minutes unless additional time is needed for translation. Please state your name and address for the record before making your presentation.
COUNCIL ANNOUNCEMENTS AND REPORTS:
On their own initiative, Council Members may make a brief announcement or a brief report on their own activities. Council Members may ask a question for clarification, make a referral to staff, or take action to have staff place a matter of business on a
Shafter City Council Agenda
May 19, 2026
future agenda. No formal action by the Council will be taken unless an item is identified on the Agenda.
CONSENT CALENDAR:
All items on the consent calendar are considered routine and non-controversial by staff and will be approved by one motion if no member of the Council or public wishes to comment or ask questions. If comment or discussion is desired by anyone, the item will be removed from the consent calendar and will be considered in the listed sequence with an opportunity for any member of the public to address the Council concerning the item before action is taken.
1. Approve Payroll: May 15, 2026.
2. Approval of Minutes: March 3, 2026.
3. Council find the action is not defined as a "project" per Section 15378(b)(4) of the CEQA Guidelines; and accept a proposal submitted by TYMCO, Inc. for the purchase of one (1) TYMCO Model 600 Street Sweeper through the Sourcewell cooperative purchasing program, in the total amount of $417,679.76, and authorize the Public Works Director to execute all necessary purchase documents.
4. Council find that the project is exempt from the California Environmental Quality Act; and approve and authorize the City Manager to execute a professional services agreement with Provost & Pritchard Consulting Group for traffic signal design at Cherry Avenue and Lerdo Highway and Cherry Avenue at Santa Fe Way in an amount not to exceed $175,000.
5. Council find that the action is not defined as a “project” per Section 15378(b)(4) of the CEQA Guidelines; and approve and authorize the City Manager to execute a three (3) year professional services agreement with Koppel & Gruber Public Finance for special district administration services in an amount not to exceed $150,000.
6. Council find that the action is not defined as a “project” per Section 15378(b)(5) of the CEQA Guidelines; and adopt Resolution 3078, a Resolution of the City Council of the City of Shafter authorizing the City Manager or Acting City Manager to execute all Master Agreements, Program Supplemental Agreements, Fund Exchange Agreements, Fund Transfer Agreements, and any amendments thereto with the California Department of Transportation.
7. Council find that the action had previously been exempted from the California Environmental Quality Act; approve the plans and specifications for the Core City Bike Lane Project; and authorize staff to proceed with formal bidding.
8. Council find that the action is not defined as a “project” per Section 15378(b)(5) of the CEQA Guidelines; and authorize the release of a Request for Proposals for citywide janitorial services; authorize the City Manager or designee to make minor administrative, technical, or legal revisions to the RFP, subject to approval as to form by the City Attorney.
PUBLIC HEARINGS:
Should anyone challenge any proposed action which is the subject of a public hearing listed on this agenda, that person challenging any action taken after the public hearing
Shafter City Council Agenda
May 19, 2026
may be limited to raising only those issues addressed at the public hearing described in this notice, or in written correspondence delivered to the City Council at or prior to this public hearing.
1. STATUS OF VACANCIES, RECRUITMENT, AND RETENTION EFFORTS (AB 2561 – GC §3502.3): Council find action is not defined as a “project” per Section 15378(b)(5) of the CEQA Guidelines; hold a public hearing to discuss the status of vacancies, recruitment, and retention efforts in accordance with AB 2561 (Government Code Section 3502.3); and receive and file the report.
ROLL CALL
2. DEVELOPMENT AGREEMENT NO. 25-22 (MISSION LAKES SPECIFIC PLAN):
Council find the action has already been analyzed for the purposes of the California Environmental Quality Act; conduct a public hearing; and introduce for first reading, by title only, and waive reading of Ordinance No. 780, an ordinance of the City Council of the City of Shafter adopting Development Agreement No. 25-22 for the Mission Lakes Specific Plan Area, an agreement between the City and Land Reserve, Inc., Millrose Properties California LLC, and 7th Standards Ranch Investors LLC that establishes the rules governing specific development over a defined period of time in compliance with Government Code Sections 65864 through 65869.5 for the Mission Lakes Specific Plan area generally located on the north side of 7th Standard Road west of the Calloway Canal.
ROLL CALL
3. GENERAL PLAN AMENDMENT NO. 25-41 AND ZONE CHANGE NO. 25-74:
Council conduct hearing to consider General Plan Amendment (GPA) No. 23-39 and Zone Change (ZC) No. 23-72 and:
1. Adopt a Mitigated Negative Declaration for the project;
2. Approve Resolution No. 3079 approving GPA No. 25-41; and
3. Introduce for first reading, by title only, and waive reading of Ordinance No. 781 approving ZC No. 25-74.
The GPA amends the City of Shafter General Plan land use designation for one parcel (APN 028-290-03) from VLDR (Very Low Density Residential) to LDR (Low Density Residential); the other parcel (APN 028-290-04) under consideration is already designated LDR. The ZC changes the zone district under Title 17 of the Shafter Municipal Code for one parcel (APN 028-290-03) from E (Estate) to R-1 (Low Density Residential) and the other parcel (APN 028-290-04) from A (Agricultural) to R-1. Each parcel is 20.03 acres for a total of 40.06 acres under consideration, and the two parcels are located at the southwest and southeast corners of the E. Los Angeles Avenue and S. Mannel Avenue intersection.
ROLL CALL
MANAGEMENT REPORT:
1. APPROVAL OF MEMORANDUM OF UNDERSTANDING WITH THE KERN
COMMUNITY COLLEGE DISTRICT TO EXPLORE FEASIBILITY OF A SHAFTER BASED REGIONAL LAW ENFORCEMENT TRAINING FACILITY: Council find the
Shafter City Council Agenda
May 19, 2026
action is not defined as a “project” per Sections 15378(b)(4) and 15378(b)(5) of the CEQA Guidelines; and approve the memorandum of understanding with the Kern Community College District, authorize the City Manager or designee to sign, and allocate funding to support exploring feasibility.
ROLL CALL
2. CITY'S TRANSIT DEVELOPMENT PLAN (TDP): Council find the action is exempt from the California Environmental Quality Act; and adopt Resolution No. 3080, a Resolution of the City Council of the City of Shafter approving the final five (5) year Transit Development Plan.
ROLL CALL
3. AWARD MODIFIED COMMUNITY CORRECTIONAL FACILITY (MCCF) REPURPOSING DESIGN-BUILD PROJECT PHASE 1: Council find that the project is exempt from the California Environmental Quality Act; establish Capital Improvement Program Project No. GE00009 for the MCCF Repurposing Project Phase 1; approve a project budget of $250,000; approve a progressive design-build agreement for the project with 4Creeks, Inc. for Phase 1 services in an amount not to exceed $207,900; and authorize the City Manager or designee to execute the agreement and approve amendments and additional services up to the total budgeted project amount not to exceed $250,000.
ROLL CALL
4. AWARD MANAGEMENT CONTRACT FOR OPERATION OF THE CITY'S AQUATIC CENTER LOCATED AT 269 POSO AVENUE, SHAFTER AND
DELEGATE SIGNATORY AUTHORITY TO THE CITY MANAGER: Council find that the action is not defined as a “project” per Section 15378(b)(4) of the CEQA Guidelines; approve the contract with SAC SFM, LLC (aka Sports Facilities Management); and authorize the City Manager or designee to execute the agreement with any necessary additional changes up to, but not to exceed $850,000 per year for a three (3) year term, with two (2) additional one-year mutual options to extend.
ROLL CALL
CITY MANAGER COMMENTS AND REPORTS:
DEPARTMENT DIRECTOR COMMENTS AND REPORTS:
ADJOURNMENT:
Pursuant to the Americans with Disabilities Act, if you need special assistance to participate in a City Council Meeting, please contact the City Clerk at (661) 746-5000 at least three (3) days prior to the meeting or time the special services are needed to allow City staff in making reasonable arrangements to provide you with access to the meeting. Any public record, relating to an open session agenda item, that is distributed within 72 hours prior to the meeting is available for public inspection in the City Clerk’s Office at Shafter City Hall, 336 Pacific Ave., Shafter, CA 93263. This is to certify that this Agenda notice was posted at City Hall and Police Dept. by 5:00 p.m., May 14, 2026. Yazmina Pallares, S/S, City Clerk
Shafter City Council Agenda
May 19, 2026
REMOTE PUBLIC PARTICIPATION IS ALLOWED IN THE FOLLOWING WAYS, SEE BELOW FOR INSTRUCTIONS.
1. You are strongly encouraged to observe the City Council meetings live via YouTube https://www.youtube.com/user/CityofShafter/
2. If you wish to make a comment on a specific agenda item or public comment, please submit your comment via email by 6:00 PM on May 19, 2026 to the City Clerk at [email protected]
3. If you wish to make a written comment to the City Clerk, 336 Pacific Avenue, Shafter, CA 93263.
4. If you wish to make a comment during the live meeting, callers must first register with the City Clerk at 661-746-5012 before the meeting begins to receive instructions and the call- in number and code. Please call by 5:00pm on the Monday prior to the City Council meeting to allow ample time for sign up. You will need to provide your name, phone number and the item number you wish to address.
5. All public comments are provided to the City Council and applicable Staff, for review and consideration by the Board prior to taking action on any matters listed on the agenda and are incorporated into the official record of the City Council meeting.
Proclamation
National Public Works Week
May 17 - May 23, 2026
WHEREAS, public works professionals focus on infrastructure, facilities and services that are of vital importance to sustainable and resilient communities and to the public health, high-quality of life, and well-being of the people of the City of Shafter; and
WHEREAS, these infrastructures, facilities, and services could not be provided without the dedicated efforts of public works professionals, who are engineers, managers, and employees at all levels of government and the private sector, who are responsible for rebuilding, improving and protecting our nation’s transportation, water supply, water treatment and solid waste systems, public buildings, and other structures and facilities essential for our citizens; and WHEREAS, it is in the public interest for the citizens, civic leaders, and children in the City of Shafter to gain knowledge of and to maintain ongoing interest and understanding of the importance of public works and public works programs in their respective communities; and
WHEREAS, the year 2026 marks the 66th annual National Public Works Week sponsored by the American Public Works Association; and NOW, THEREFORE, BE IT RESOLVED, that I, Chad Givens, Mayor of the City of Shafter, on behalf of the entire City Council, do hereby designate the week May 17 – 23, 2026 as National Public Works Week; I urge all citizens to join the City of Shafter Public Works Employees and government agencies in activities, events, and ceremonies designed to pay tribute to our public works professionals, engineers, managers, and employees and to recognize the substantial contributions they make to protecting our national health, safety, and advancing quality of life for all.
Chad Givens
Mayor
PASSED AND ADOPTED this 19th day of May, 2026.
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DETAIL PROOF - FINAL REPORT
Pay Period 04nil26 To 05/08/26
WARRANT: 051.526 PAYROLL TYPE: BIWEEKLY
999s
cHEcK DATE: O5/L5/2026
9998
9999
Report generateduser:
Program ID:
DIRECTDIRECTDIRECTDIRECTDIRECT
9996
9997
DEP FDEP FDEP FDEP FDEP
11,000.00
2 ,
540 .00
815 .00100.00
430,256.09
11,000.00
2 ,
540. 00
81s.00100.00
430,256.09
84, 535.94
20,8L7 .93 4,759.75 L,526.04
669,729.32
00000
0000000000
tota"l total total totaltota'l total .rotal .rotal vendor tel e Transfers other payrol'ls:
total .relephone Transfers:
employee checks:fmpl oyee,/empl oyer ACH Transacti ons : Vendor checks this payroll: vendor Checks other payrolls: vendor E'lectronic Transfers this pavroll: vendor Electronic Transfers other' plyrolls: vendor telephone Transfers this payroll:
0.00 444,771.09
0.000.000.000.000.000.00
AP BY:
0.00 e4 ,/ , tq' 2 tota'l emp'loyee/employer (check type = Ho check): Total Pay Escrow: Total Escrow Balance:
Tota'l Invoices this payro'l'l: Total Invo'i ces other payro'l'l s: rotal checks/rnvoices/err,/relephone transfers this payroll (deferred): rotal checks/rnvoices,/err,/relephone transfers other payrol I s (deferred) :' 39,467 .LO 0.00
0.00 466,453,79
145,957. 33
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MINUTES OF THE REGULAR MEETING OF THE
SHAFTER CITY COUNCIL
COUNCIL CHAMBER, 336 PACIFIC AVENUE
MEETING HELD IN-PERSON AND VIA ZOOM AND LIVESTREAM TO YOUTUBE TUESDAY, MARCH 3, 2026
CALL TO ORDER: 6:00 PM
ROLL CALL:
PRESENT: Mayor Givens, Mayor Pro Tem Olvera, and Council Members Alvarado, Espinoza, and Prout. Also present: City Manager Lippincott, Senior Planner Cazares, Planning Director Esselman, Public Works Director Gonzalez, Assistant City Manager James, City Attorney Martinez, Chief of Police Milligan, City Clerk Pallares, Information Technology Director Rubio, Economic Development Director Siada, Sergeant York, Community Engagement Manager Zermeno.
PLEDGE OF ALLEGIANCE: Council Member Prout
INVOCATION: Mayor Givens
APPROVAL OF AGENDA:
MOVED (OLVERA) AND SECONDED (PROUT) COUNCIL MOVED MANAGEMENT REPORT NO. 1 BEFORE THE CONSENT CALENDAR; APPROVED AGENDA AS AMENDED. MOTION CARRIED BY THE FOLLOWING VOTE:
AYES: ALVARADO, ESPINOZA, GIVENS, OLVERA, AND PROUT.
NAYS: NONE.
ABSENT: NONE.
ABSTENTIONS: NONE.
PUBLIC COMMENT:
Chief of Police Milligan recognized Assistant Chief Knox for earning the California Post Executive Certificate, the highest certificate awarded by POST.
COUNCIL ANNOUNCEMENTS AND REPORTS:
Council Members Espinoza and Prout attended various events of the COLOURS Celebration of the Arts Festival.
On February 18, 2026, Mayor Pro Tem Olvera attended the Comprehensive Economic Development Committee kick-off meeting.
On February 19, 2026, Council Member Espinoza attended the Kern Council of Governments (Kern COG) Board meeting.
On March 1, 2026, Mayor Pro Tem Olvera, along with a DPSI consultant, conducted canvassing for the North Shafter Streets and Sidewalk Improvements.
Minutes of the Shafter City Council
March 3, 2026
On March 2, 2026, Council Member Prout attended AB 617 Board meeting in person.
Council Member Alvarado asked the staff to provide an update on the current cost of services for the administrative hearing officer regarding a complaint filed against Council Member Alvarado by Council Member Espinoza.
MANAGEMENT REPORT:
1. RESOLUTION APPROVING LEASE AGREEMENT WITH WONDERFUL REAL
ESTATE LLC FOR USE OF EXISTING CITY RAIL FACILITY LOCATED AT APNS 091-252-72, 091-253-09, 091-261-13, portion of 091-261-16, and 090-180-29:
Economic Development Director Siada made introductory comments.
MOVED (PROUT) AND SECONDED (ESPINOZA) COUNCIL FOUND THAT THE PROJECT IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTION 15301 AND 15302; AND ADOPTED RESOLUTION NO. 3067, AUTHORIZING THE CITY MANAGER TO ENTER INTO A LEASE AGREEMENT WITH THE WONDERFUL INDUSTRIAL PARK LOGISTICS LLC (“TENANT”) FOR THE USE OF THE CITY’S EXISTING RAIL FACILITY LOCATED AT APNS 091-252-72, 091-253-09, 091-261-13, PORTION OF 091-261-16, AND 090-180-29 (THE “LEASE”). MOTION CARRIED BY THE FOLLOWING VOTE:
AYES: ALVARADO, ESPINOZA, GIVENS, OLVERA, AND PROUT.
NAYS: NONE.
ABSENT: NONE.
ABSTENTIONS: NONE.
CONSENT CALENDAR:
1. Approve General Checks: February 11, 2026, February 19, 2026, February 23, 2026, February 26, 2026.
2. Approval of Minutes: December 16, 2025.
3. 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 Hens Roost Inc. for “First Friday Market in Shafter,” including the requested temporary alterations/closures within the public right-of-way and related areas (Green Hotel parking lot; James Street in front of the Green Hotel; and Central Avenue in front of the park to James Street); and approve total costs for a year's worth of events at approximately $15,936.
4. Council find that the project is exempt from the California Environmental Quality Act; Adopt Resolution No. 3068, a Resolution of the City Council of the City of Shafter Terminating Williamson Act Preserve No. 8, Approving an Administrative Lot Split, and Authorizing Recordation of Associated Parcels and Easements for the North Shafter Community Park Project; authorize the City Manager to execute all necessary documents, including an administrative Grant Deed to reconfigure parcel boundaries without transferring ownership, associated Public Utility and Road Easements, and all documents required to effectuate the Williamson Act termination; and authorize the recordation and filing of said documents as required by law.
5. Council find the action is not defined as a “project” per Section 15378(b)(4) of the CEQA Guidelines; approve the Lease Amendment No. 1 Agreement (“Lease Amendment No 1”)
Minutes of the Shafter City Council
March 3, 2026
for the continued parking lot lease located at 217 and 219 Central Avenue; approve a fiscal year 2025-26 budget adjustment from the General Fund for $1,000, and authorize City Manager or City Manager’s designee to execute all documents necessary to complete the transaction.
MOVED (OLVERA) AND SECONDED (ESPINOZA) COUNCIL APPROVED THE CONSENT CALENDAR AS PRESENTED. MOTION CARRIED BY THE FOLLOWING VOTE:
AYES: ALVARADO, ESPINOZA, GIVENS, OLVERA, AND PROUT.
NAYS: NONE.
ABSENT: NONE.
ABSTENTIONS: NONE.
PUBLIC HEARINGS:
Should anyone challenge any proposed action which is the subject of a public hearing listed on this agenda, that person challenging any action taken after the public hearing may be limited to raising only those issues addressed at the public hearing described in this notice, or in written correspondence delivered to the City Council at or prior to this public hearing.
1. TENTATIVE TRACT MAP NO. 7523 APPROVAL: Senior Planner Cazares made introductory comments.
Mayor Givens opened the public hearing.
Being no members of the audience wishing to speak, the public hearing was closed.
MOVED (OLVERA) AND SECONDED (ESPINOZA) COUNCIL FOUND THE ACTION HAS ALREADY BEEN ANALYZED PER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT; ADOPTED RESOLUTION NO. 3063, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SHAFTER APPROVING TENTATIVE TRACT MAP NO. 7523, AS DEPICTED IN EXHIBIT "A" WITH CONDITIONS OF APPROVAL AS SHOWN IN EXHIBIT "B". MOTION CARRIED BY THE FOLLOWING VOTE:
AYES: ALVARADO, ESPINOZA, GIVENS, OLVERA, AND PROUT.
NAYS: NONE.
ABSENT: NONE.
ABSTENTIONS: NONE.
2. AMEND SHAFTER MUNICIPAL CODE TITLE 5 (BUSINESS TAXES, LICENSES AND REGULATIONS) TO COMPLY WITH SENATE BILL 635: Planning Director Esselman made introductory comments.
Mayor Givens opened the public hearing.
Being no members of the audience wishing to speak, the public hearing was closed.
MOVED (PROUT) AND SECONDED (OLVERA) COUNCIL FOUND THAT THE ACTION IS NOT DEFINED AS A “PROJECT” PER SECTION 15378(B)(2) OF THE CEQA GUIDELINES; CONDUCTED HEARING AND INTRODUCED FOR FIRST READING BY TITLE ONLY AND WAIVED READING OF ORDINANCE NO. 778, AN AMENDMENT SHAFTER MUNICIPAL CODE TITLE 5 (BUSINESS TAXES, LICENSES AND REGULATIONS) TO COMPLY WITH SENATE BILL 635. MOTION CARRIED BY THE FOLLOWING VOTE:
Minutes of the Shafter City Council
March 3, 2026
AYES: ALVARADO, ESPINOZA, GIVENS, OLVERA, AND PROUT.
NAYS: NONE.
ABSENT: NONE.
ABSTENTIONS: NONE.
3. AMEND SHAFTER MUNICIPAL CODE TITLE 15 (BUILDING AND
CONSTRUCTION) TO COMPLY WITH STATE LAW REGARDING ELECTRIC VEHICLE CHARGING STATIONS: Planning Director Esselman made introductory comments.
Mayor Givens opened the public hearing.
Being no members of the audience wishing to speak, the public hearing was closed.
MOVED (PROUT) AND SECONDED (ALVARADO) COUNCIL FOUND THAT THE ACTION IS NOT DEFINED AS A “PROJECT” PER SECTION 15378(B)(2) OF THE CEQA GUIDELINES; CONDUCTED HEARING AND INTRODUCED FOR FIRST READING BY TITLE ONLY AND WAIVED READING OF ORDINANCE NO. 779, AN AMENDMENT SHAFTER MUNICIPAL CODE TITLE 15 (BUILDING AND CONSTRUCTION) TO COMPLY WITH STATE LAW REGARDING ELECTRIC VEHICLE CHARGING STATIONS. MOTION CARRIED BY THE FOLLOWING VOTE:
AYES: ALVARADO, ESPINOZA, GIVENS, OLVERA, AND PROUT.
NAYS: NONE.
ABSENT: NONE.
ABSTENTIONS: NONE.
4. COMMUNITY DEVELOPMENT BLOCK GRANT FAIR SHARE FUNDING FOR FISCAL YEARS 2025-2026 AND 2026-2027 FILING OF A PROJECT APPLICATION PUBLIC HEARING: Assistant City Manager James made introductory comments.
Mayor Givens opened the public hearing.
Being no members of the audience wishing to speak, the public hearing was closed.
MOVED (ALVARADO) AND SECONDED (OLVERA) COUNCIL FOUND THAT THE ACTION IS NOT DEFINED AS A “PROJECT” PER SECTION 15378(B)(4) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES; CONDUCT A PUBLIC HEARING TO RECEIVE COMMUNITY INPUT REGARDING POTENTIAL USES OF CDBG FUNDS FOR FISCAL YEARS 2025-2026 AND 2026-2027; ADOPT RESOLUTION NO. 3064, A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SHAFTER, AUTHORIZING THE SUBMISSION OF AN
APPLICATION TO THE COUNTY OF KERN FOR UP TO THE FULL ESTIMATED ALLOCATION AMOUNT FOR
SCALABLE IMPROVEMENTS AT MANNEL PARK, OR AN ALTERNATIVE ELIGIBLE PROJECT APPROVED BY THE CITY COUNCIL; AND AUTHORIZE STAFF TO AMEND THE APPLICATION AS NECESSARY TO REFLECT THE FINAL CONFIRMED FUNDING AMOUNT. MOTION CARRIED BY THE FOLLOWING VOTE:
AYES: ALVARADO, ESPINOZA, GIVENS, OLVERA, AND PROUT.
NAYS: NONE.
ABSENT: NONE.
ABSTENTIONS: NONE.
Minutes of the Shafter City Council
March 3, 2026
5. COMMUNITY DEVELOPMENT (CD) FUNDING ACTIVITY NUMBERS 18.22.1 AND 18.23.1 FOR POTENTIAL PROJECTS REALLOCATION PUBLIC
HEARING: Assistant City Manager James made introductory comments.
Mayor Givens opened the public hearing.
Being no members of the audience wishing to speak, the public hearing was closed.
MOVED (ALVARADO) AND SECONDED (OLVERA) COUNCIL FOUND THAT THE ACTION IS NOT DEFINED AS A "PROJECT" PER SECTION 15378(B)(4) OF THE CEQA GUIDELINES; CONDUCTED A PUBLIC HEARING REGARDING THE PROPOSED CANCELLATION OF CD ACTIVITIES 18.22.1 AND 18.23.1 AND THE REALLOCATION OF ASSOCIATED CDBG FUNDS; ADOPTED RESOLUTION NO. 3065, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SHAFTER, AUTHORIZING THE CANCELLATION OF CD ACTIVITIES 18.22.1 AND 18.23.1 AND THE REALLOCATION AND CONSOLIDATION OF ASSOCIATED CDBG FUNDS FOR
IMPROVEMENTS AT RODRIGUEZ PARK, OR AN ALTERNATIVE ELIGIBLE CDBG PROJECT APPROVED BY THE CITY COUNCIL; AND AUTHORIZE STAFF TO TAKE ALL ACTIONS NECESSARY TO EFFECTUATE THE FUNDING REALLOCATION CONSISTENT WITH COUNCIL DIRECTION. MOTION CARRIED BY THE FOLLOWING VOTE:
AYES: ALVARADO, ESPINOZA, GIVENS, OLVERA, AND PROUT.
NAYS: NONE.
ABSENT: NONE.
ABSTENTIONS: NONE.
MANAGEMENT REPORT:
2. RESOLUTION APPROVING LEASE AGREEMENT WITH WONDERFUL REAL
ESTATE LLC FOR USE OF EXISTING CITY RAIL FACILITY LOCATED AT APNS 091-252-72, 091-253-09, 091-261-13, portion of 091-261-16, and 090-180-29:
Economic Development Director Siada made introductory comments.
MOVED (PROUT) AND SECONDED (ESPINOZA) COUNCIL FOUND THAT THE PROJECT IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTION 15301 AND 15302; AND ADOPTED RESOLUTION NO. 3067, AUTHORIZING THE CITY MANAGER TO ENTER INTO A LEASE AGREEMENT WITH THE WONDERFUL INDUSTRIAL PARK LOGISTICS LLC (“TENANT”) FOR THE USE OF THE CITY’S EXISTING RAIL FACILITY LOCATED AT APNS 091-252-72, 091-253-09, 091-261-13, PORTION OF 091-261-16, AND 090-180-29 (THE “LEASE”). MOTION CARRIED BY THE FOLLOWING VOTE:
AYES: ALVARADO, ESPINOZA, GIVENS, OLVERA, AND PROUT.
NAYS: NONE.
ABSENT: NONE.
ABSTENTIONS: NONE.
3. PURCHASE OF 1351 E ASH AVENUE SHAFTER, CA 93263 (APN 089-140-13):
Economic Development Director Siada made introductory comments.
MOVED (OLVERA) AND SECONDED (ESPINOZA) COUNCIL FOUND THE ACTION IS NOT DEFINED AS A “PROJECT” PER SECTION 15378(B)(4) OF THE CEQA GUIDELINES; APPROVED THE PURCHASE AND SALE AGREEMENT (“PURCHASE AGREEMENT”) FOR THE PURCHASE OF THE PROPERTY LOCATED AT 1351 E ASH AVENUE; APPROVE A FISCAL YEAR 2025-26 BUDGET ADJUSTMENT FROM THE GENERAL FUND FOR
Minutes of the Shafter City Council
March 3, 2026
$860,000; APPROVE THE USE OF TRANSIT GRANT FUNDING IN THE AMOUNT OF $1,100,000 FOR THIS ACQUISITION; AND ADOPTED RESOLUTION 3066, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SHAFTER, AUTHORIZING CITY MANAGER OR HIS DESIGNEE, KAMAL SIADA, ECONOMIC DEVELOPMENT DIRECTOR, TO EXECUTE ALL DOCUMENTS NECESSARY TO COMPLETE THE TRANSACTION. MOTION CARRIED BY THE FOLLOWING VOTE:
AYES: ALVARADO, ESPINOZA, GIVENS, OLVERA, AND PROUT.
NAYS: NONE.
ABSENT: NONE.
ABSTENTIONS: NONE.
4. DISCUSSION AND DIRECTION REGARDING CONTRACTING WITH LEGAL
COUNSEL TO REVIEW THE SHAFTER MUNICIPAL CODE FOR COMPLIANCE WITH STATE LAW: Planning Director Esselman made introductory comments.
COUNCIL RECEIVED REPORT AND FILE. THIS ITEM WAS FOR INFORMATIONAL PURPOSES ONLY.
5. APPROVAL FOR THE ADDITION OF A GIS COORDINATOR POSITION:
Information Technology Director Rubio made introductory comments.
MOVED (OLVERA) AND SECONDED (ESPINOZA) COUNCIL FOUND THAT THE ACTION IS NOT DEFINED AS A “PROJECT” PER SECTION 15378(B)(5) OF THE CEQA GUIDELINES; APPROVED THE ADDITION OF ONE (1) GIS COORDINATOR POSITION TO THE CITY’S STAFFING ALLOCATION TO ENSURE CONTINUITY OF GIS OPERATIONS, PROVIDE TECHNICAL OVERSIGHT OF GIS INFRASTRUCTURE, AND SUPPORT THE CITY’S EXPANDING INFRASTRUCTURE AND FIBER INITIATIVES. MOTION CARRIED BY THE FOLLOWING VOTE:
AYES: ALVARADO, ESPINOZA, GIVENS, OLVERA, AND PROUT.
NAYS: NONE.
ABSENT: NONE.
ABSTENTIONS: NONE.
6. LERDO HIGHWAY VEGETATIVE BARRIER TREE PLANTING PROJECT:
Assistant City Manager James made introductory comments.
MOVED (ESPINOZA) AND SECONDED (PROUT) COUNCIL FOUND THAT THE ACTION IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT; APPROVED THE ESTABLISHMENT OF A NEW CAPITAL IMPROVEMENT PROGRAM PROJECT FOR THE AB 617 SHAFTER VEGETATIVE BARRIERS PROJECT WITH A BUDGET OF $253,000; AUTHORIZED STAFF TO UTILIZE THE CITY’S EXISTING BIDDING AND PROCUREMENT PROCEDURES FOR IMPLEMENTATION OF THE PROJECT; AND DIRECTED STAFF TO
RETURN TO THE CITY COUNCIL FOR APPROVAL OF ANY PURCHASE OR CONTRACT AWARDS, AS APPLICABLE, AND TO PROVIDE FUTURE PROJECT UPDATES. MOTION CARRIED BY THE FOLLOWING VOTE:
AYES: ALVARADO, ESPINOZA, GIVENS, OLVERA, AND PROUT.
NAYS: NONE.
ABSENT: NONE.
ABSTENTIONS: NONE.
CITY MANAGER COMMENTS AND REPORTS: No reports at this time.
DEPARTMENT DIRECTOR COMMENTS AND REPORTS: No reports at this time.
Minutes of the Shafter City Council
March 3, 2026
ADJOURNMENT:
MOVED (ESPINOZA) AND SECONDED (OLVERA) COUNCIL ADJOURNED THE MEETING AT 7:33 P.M.
MOTION CARRIED WITH NO OPPOSITION.
_______________________________
Chad Givens, Mayor
ATTEST:
_______________________________
Yazmina Pallares, City Clerk
CONSENT CALENDAR
CITY OF SHAFTER
CITY COUNCIL REPORT
MEETING DATE: May 19, 2026
DEPARTMENT: Marcos Torres, Deputy Public Works Director SUBJECT: STREET SWEEPER PURCHASE VIA SOURCEWELL
COOPERATIVE
RECOMMENDATION
Council find the action is not defined as a "project" per Section 15378(b)(4) of the CEQA Guidelines; and accept a proposal submitted by TYMCO, Inc. for the purchase of one (1) TYMCO Model 600 Street Sweeper through the Sourcewell cooperative purchasing program, in the total amount of $417,679.76, and authorize the Public Works Director to execute all necessary purchase documents.
BACKGROUND
The Public Works Department's street sweeping program is essential to maintaining safe roadways, protecting stormwater quality, and preserving the overall appearance of the City. As the City of Shafter continues to grow, with new residential development, expanded road infrastructure, and increased traffic volumes, the demand for street sweeping services has increased.
In response to these needs, the City previously purchased a mechanical street sweeper to improve baseline service coverage and reliability. While that unit has enhanced operations, additional capacity is needed to meet the City's expanding service levels and to maintain consistent sweeping schedules across the growing street network.
The proposed purchase of a TYMCO Model 600 regenerative air sweeper will expand the City's street sweeping capabilities and supplement the existing mechanical sweeper. This addition will allow the City to:
• Increase overall service capacity to address continued growth and additional lane miles
• Provide operational redundancy and reduce service interruptions during maintenance or downtime
• Improve sweeping efficiency through better route coverage and schedule flexibility
Regenerative air sweepers are more effective than mechanical sweepers at removing fine debris and pollutants, making them a valuable complement to the City's existing
STREET SWEEPER PURCHASE VIA SOURCEWELL COOPERATIVE
- 2 -
equipment.
Staff obtained pricing through the Sourcewell cooperative purchasing program (Contract #111522-TYM), which provides competitively solicited pricing available to participating public agencies.
The total acquisition cost, including equipment, options, freight, and taxes, is $417,679.76, with an estimated delivery timeframe of approximately 210–270 days.
This procurement is consistent with Section 2.68.030(19) of the City's Purchasing Ordinance No. 768, which authorizes cooperative and piggyback purchasing when it is determined to be in the best interest of the City.
FISCAL IMPACT
The total purchase cost for the TYMCO Model 600 Street Sweeper is $417,679.76.
Staff is recommending a General Fund budget adjustment funded from available savings in unspent labor costs related to vacancies and unspent appropriations within the Streets Division operating budget. As a result, the recommendation is not expected to create a material net impact to the General Fund operating position because existing appropriations will be reduced and reallocated to fund this capital purchase.
CEQA ANALYSIS
The action is not defined as a "project" per Section 15378(b)(4) of the CEQA Guidelines because the action is the purchase of a street sweeper and therefore, it is governmental fiscal activity that does not involve any commitment to a specific project that can result in a potentially significant impact and not subject to CEQA.
APPROVED BY THE CITY ATTORNEY
No
ATTACHMENTS
1. Tymco Sweeper Quote
Sourcewell Quote Form v2.04 - Sourcewell Contract #111522-TYM Feb. 2, 2023 - Feb. 3, 2927
Customer / Sourcewell Member: Clty of Shãfter, CA
Sourcewell Membe¡ * t23241
cujtomer Contact fi¡ame: Eric Vasquez
quote Date: 417012026
quote vãlldlty: 30 Days
Quoted 8y: Kaye Morgan
ÌYMCO Dealer: Mar.Co Equipment
TYMCO Deeler Contact: Steve
! @l ll@
*+PRICING NOTE**
Sweeper and chassis are quoted us¡ng current pricing. Due to the current market situation, all cost increases for major components, and government mandated requ¡rements, tariff surcharges, tariffs, ãnd raw material surcharges may be added should they apply, PurchasinF Details: lssue Purchase Orders to TYMCO, lnc., AfiN: Kaye Morgan ([email protected] | 254-799-55461.
Quote ¡s Good fo¡ 30 Days (Unless Otherwise Noted Above, I Pricing is Quoted in US Dollars {USD} I Pðyment Terms: N€t 30 DaVs
MODEL 600@ SWEEPER STANDARD EQUIPMENT
Amber Beacon L¡qht - LED; SAE Class l/Californ¡a Tìtle 13 compliant with protective limb guard. low oil pressure.
Auxiliary Fuse Panel: A 12V DC fused power source panel for any needed additional electrical components or accessories, i.e. radlos, warning lights, controls, etc.
Bâck-Uo Alarm: ECCO Model 510; SAE Type C 97dB
water audible alarm, dust conlrol syslem w¡nterizãt¡on guide and On-8oard D¡agnost¡cs (OBD) lor rhe auxiliary engine and sweeperDuo skidi: warranted for 2 Years / 2000 hours prorated RtQUtRES Extra Water Cåpacìty (Reler to Ðust Control Options Section). parabolic mirors. Parabolic Mirrors N/A w¡th cabover Chãssis.
Hirh €aÞacitv Dust Seoarato¡
temperature.
LED Alternat¡ns warnin¡ Liqht set: Rear mount€d oval lìghts {2}, LED 5toÞ/fu.nlTail/clearance Lishls
Prersure Eleedefi Air pressure ¡s deflected out, allowing additional suct¡on acro5s lhe ftont of pick-up head.
Rear Mounted LED Floodlishts l2t
Rear View Camera System: 3rd Eye', heavy duly rear infrared camera wilh 7" color mon¡tor mounted in cab Reverse PIck-Uo Head Svstem: Assisti in bäck¡ng up w¡th Pick-Up Head down Rubber l¡ned Blowe.: Warranty: 1 year / 1,000 hours prorated Water Flll Hose & Rack: Flexible 20 foot long water tanl fill hose with 2-1/2 ¡nch hydrant coupling with rack mount. System incorporates air gap.
Work Plãtform: Easily accessible work platlorm locaìed between truck cab and sweeper. Standard equipment with conventionâl chassis w¡th 165" WB and hor¡zonlal exhaust. Not available w¡th Extra water capac¡ty or chðs5ir vert¡cal Exhaust.
Sweeoer warranty: 1 Year / 1000 Hours. Contact factory for details.
Section/Type aty Model 600'Sweqper and Cab/Chassis Equlpment Sourcewell Prlce Sourcewell Ext
(lncludes 5% Dlscountl
600000 1 Model 600o Sweeper with Standard Equipment (Base P¡ice) S196,443.00 St86,620.oo I AUXIUARY ËNGtt'lE I HYDRAUIIG OPTIONS:
Unpublished 1 Hvdraulic Oil Level Shutdown Svstem s422.00 s400.00 2 GUTTER BROOM OPTIOÍ{S:
600081 1 Gutter Broom Drop Down: Right sgoo.oo s8ss.00
600081 1 Gutter Broom Drop Down: Left s900.00 s8s5.00
600022 1 Guïer Broom Tilt Adiuster: Richt 59oo.oo s85s.00 600022 1 Gutter Broom Tilt Adiuste¡: Left Sgoo.oo $sss.oo 600070 1 Gutter Broom Variable Speed: Right and Left S853.oo s810.00 3 DUST CONTROL SYSTEM OPTIONS:
600021 1 Extra Water CapaciÛ - 330 Gallons: COMDEXo s5,022.00 $4,770.00 Unpublished L F¡ont Eumper Spray Bar $otz.oo s60o.oo
Unpublished L Hvdrant Wrench Ssg.oo Sso.oo
600077 1
Low Emissions Package
iSouth Coast AQMD Rule 1186 Compliant s1,706.00 s1,620.00 4 HOPPEROPTÍIONST
600035 1 Abrasion Protect¡on Package s1,090.00 s1,o35.oo 600084 1 Dump Switch in Cab s237.00 s225.00
600019 1 HoDper Load lndicators 5474.00 s4s0.00
Unpublished L Hopper Screen Upgrade: Mild Steel Standard Screen (Splitl s843.00 s800.00 5 PICK.UP HEAD OPÍIONS:
601000 1 Broom Assist Pick-Up Head {Exchange) Ss,s43.oo $5,265.00 600075 1 Linear Actuator w/Gauge - Pressure Bleeder ss22.00 s495.00 600063 1 Pick-Up Head Curtain Lifter 91,zo6.oo s1,620.00 Unpublished 1 Pick-Up Head Deluge with 6" Cleanout Port s316.00 s300.00
Sestlon/Type ary Model 600. Sweeperand Cab/Chassl¡ Equlpment Sourcewell Prlce Sourcewell Ext
(lncludes 5% Dlscountf
Unpublished 1 Plck-Up Head Pressure lnlet Water lnlection System $r,89s.oo S1,Boo.oo Unpubllshed 1 Removable Front Curtain Set $264.00 s2s0.00 Unpubllshed 1 Skid Eumper Extension Set (3") $264.00 s2so.00 6 AUXIUARV HAND HOSE OPI|ONS¡
Unpublished 7 Auxîliary Hand Hose w/ Catch Sasin Cleaning Packaße - A.O.D. s7,89s.00 s7,s00.00 Unpublished 7 Auxiliary Hand Hose Extension s632.00 s6oo.oo 7 STAINT"ESS STEE! OPTIONS:
8 AIRFORTOPIIONS¡
9 SWEEPER ADDITIONAT OPTIONS:
600008.8 1
Camera System - Standard Rear Camera and One Additional Camera St,t37,oo $1,ogo.oo
Locotion: Pick-Up Head View - Full Width
Unpublished 1 Sweeper Paint: TYMCO Standard Whlte s0.00 s0.00 r0 UNPUBTISHED SPECIATSWEEPER OPÍIONS¡
Unpublished 1 Auto Sweep Assist (ASA) s2,632.00 $z,soo.oo Unpubll¡hed 1 Surcharse - Base Sweeoer Unlt ss,27s.00 ss,010.00 Sectlon 600. Prlce
11 CAB lCHAS$|SI
600709 1
2025 Freightliner M2-106 PLUS,33,000 lb. GVWR, 165" WB, Diesel (I-SPD) EPA
*For Use in CARB 2 & EPA States Only
$tu,l75,oo S1u,tz5.oo
Unpublished t
UPGRAÐE: 2026 Fre¡ghtliner M2-106 PLUS COMBO (Chrome
Package),33,000 lb. GVWR, 165" W8, Diesel (I-SPDI CARB
rFor Use in CARB & EPA States
s27,000.00 $27,000.00
L2 CH'ISSIS AODMONAT OPTIONS:
Unpublished 1 Battery Dlsconnect Switch s450.00 s4s0.00 Unpublished 1 Fire Extinguisher s10o.oo $100.00
Unpublished 1 Haeard Reflectors 9100.00 s100.00
Unpublished 1 IED Alternating Warning Light Set: Front Grille s4s0.00 $450.00 Unpublished I LED Amber Lisht Ban Cab Mounted s1,800.00 51,800.00 Unpublished 1 IED Amber Traffic Directins Light: Rear Mounted s800.00 s800.00 Unpubli¡hed 1 Slow Movins Vehicle Emblem $100.00 s100.00 Unpublished 1 T¡uck Paint: Standard Factorv White s0.00 So.oo 13 UNPUBUSHED I SPECIAL CHASSIS OPTIONS:
t4 DEAT.ER UNPUEUSHED OPf IONS:
t5 TOTAr COSI OF ACQUTS¡T¡ON COSTS
1 Freieht / PDI / lnservice s12.s00.00 sr2,s00.00
1 Tarlff Surcharee - 2026 Model Year Freightliner s1,500.00 s1,s00.00 1 CA Sales Tax 17.25%l s28,234.76 528,294,76
Purchasing Details: lssue Purchase Orders to TYMCO, lnc., ATTN: Kaye Morgan {[email protected] I 254-799-5545}"
Quote is 6ood for 30 Days {Unless Otherwise Noted Above} | Pricing is Quoted in US Dolla¡s (UsD} | Payment Terms; Net 30 Days Total
Delivery A
*Pilc¡ng Detaíls: TYMCO, lnc, olfers Sourcewel! Members a 5% discount on øll base sweeper models ond sweeper options lrom the Sourcet¡tell Price Cøtalog (Base + ltems Ín Sedions 7 through 70). Chossis, chassis options, dealer unpublished options ond Total Cost of Acqulsltion Costs (ltems in Sectlons 71 - 75) are not d¡scountoble, The Sourcewell Dlscount shown above is reflective o1 5% oî oll oppllcable ltems on this quote, Notes 1 Note: Delivery Subject to Truck Availability
$4t7,679,76
Shafter, CA
2L0 -270 Days - See NOTE Below
CONSENT CALENDAR
CITY OF SHAFTER
CITY COUNCIL REPORT
MEETING DATE: May 19, 2026
DEPARTMENT: Alex Gonzalez, Public Works Director
SUBJECT: CHERRY AVENUE AND SANTA FE WAY AND CHERRY AVENUE
AT LERDO HIGHWAY TRAFFIC SIGNAL DESIGN
PROFESSIONAL SERVICES AGREEMENT
RECOMMENDATION
Council find that the project is exempt from the California Environmental Quality Act; and approve and authorize the City Manager to execute a professional services agreement with Provost & Pritchard Consulting Group for traffic signal design at Cherry Avenue and Lerdo Highway and Cherry Avenue at Santa Fe Way in an amount not to exceed $175,000.
BACKGROUND
The City requested a proposal from Provost & Pritchard Consulting Group to provide engineering and land surveying services for the design of traffic signals at the intersections of Cherry Avenue at Santa Fe Way and Cherry Avenue at Lerdo Highway. Professional engineering services are exempt from the City’s competitive bidding and procurement requirements pursuant to Section 2.68.030(b) of the City’s Bidding and Procurement Policy.
Provost & Pritchard Consulting Group is uniquely qualified due to their extensive experience within the Cherry Avenue corridor. The firm has intimate knowledge of the corridor through its work with The Wonderful Company on future planning efforts. In addition, the firm’s acquisition of Ruettgers & Schuler further strengthens this expertise, as Ruettgers & Schuler previously served as a lead team member for the regional grade separation authority and is currently supporting multiple grade separation grant applications related to the Cherry Avenue and Santa Fe Way intersection. This prior and ongoing involvement provides the consultant with significant institutional knowledge of the corridor, existing constraints, and planned improvements, which is critical for the successful delivery of this project.
Both intersections are currently stop-controlled along Cherry Avenue and are experiencing increasing traffic volumes, with projections indicating significant growth over the next 5 to 10 years. The Cherry Avenue at Santa Fe Way intersection presents additional complexity due to its proximity to a BNSF railroad crossing and constrained geometry, requiring coordination with the railroad and the California Public Utilities Commission. The Cherry Avenue at Lerdo Highway intersection is anticipated to serve
CHERRY AVENUE AND SANTA FE WAY AND CHERRY AVENUE AT LERDO
HIGHWAY TRAFFIC SIGNAL DESIGN PROFESSIONAL SERVICES AGREEMENT - 2 -
as an interim signalized intersection supporting future regional circulation improvements, including the planned Shafter Greenpass corridor.
The proposed scope of services includes traffic analysis, conceptual and final design, utility and right-of-way investigation, survey and mapping, and preparation of Plans, Specifications, and Estimates (PS&E) for both intersections. The work also includes coordination with regulatory agencies, particularly for the Santa Fe Way location due to railroad involvement.
The consultant proposes to complete the design for both intersections concurrently, with an estimated duration of approximately nine months for the Santa Fe Way intersection and six months for the Lerdo Highway intersection.
FISCAL IMPACT
The total estimated cost for the proposed engineering and land surveying services is $159,258, to be provided on a time and materials basis. Staff recommends establishing a total contract amount not to exceed $175,000 to cover the proposed scope of work and provide contingency for unforeseen conditions, additional coordination requirements, or scope refinements that may arise during the design process. Funding for this project is available within CIP Project ST00041 – High Speed Rail Mitigation, which has an allocated budget of $500,000. Sufficient funds are available to cover the recommended contract amount, and no additional budget action is necessary at this time.
CEQA ANALYSIS
The project is categorically exempt from the California Environmental Quality Act (CEQA) under Section 15301 (Class 1 – Existing Facilities) of the CEQA Guidelines because it is the design, repair, maintenance, minor alteration, and operation of traffic signal improvements within existing rights-of-way that involve negligible or no expansion of the rights-of-way.
APPROVED BY THE CITY ATTORNEY
No
ATTACHMENTS
1. Proposal - Signal Design Cherry Avenue & Santa Fe Way and Cherry Avenue at Lerdo Highway
1518 Mill Rock Way, Suite 100, Bakersfield, CA 93311-1351 • Tel: (661) 616-5900 www.provostandpritchard.com
https://us-partner-integrations.egnyte.com/msoffice/wopi/files/0026ec95-1927-4cea-a329- 87f868c239a1/WOPIServiceId_TP_EGNYTE_PLUS/WOPIUserId_234.ppeng.egnyte.com/Draft_Proposal_Cherry_Ave_Signals_Opus_4_23_26-VB_JS24.docx Engineering • Structural • Geostructural • Surveying • Planning • Environmental • GIS • Construction Services • Hydrogeology • Consulting Clovis • Visalia • Bakersfield • Modesto • Los Banos • Chico • Sacramento • Sonora • San Luis Obispo • Riverside • Camarillo • Boise, ID
April 27, 2026
Alex Gonzalez
Director of Public Works
City of Shafter
336 Pacific Avenue
Shafter, CA 93263
Subject: Engineering and Land Surveying Services for Traffic Signal Design – Cherry Avenue at Santa Fe Way and Cherry Avenue at Lerdo Highway, Shafter, California
Dear Alex Gonzalez:
Thank you for the opportunity to submit this proposal to provide engineering services for the design of traffic signals at two intersections on Cherry Avenue in the City of Shafter (City). This proposal discusses our understanding of each project, recommends a scope of services together with associated fees, deliverables and approximate schedules, and sets forth our assumptions. The scope and fees for each intersection are presented separately, with a combined total at the end.
PROJECT UNDERSTANDING
CHERRY AVENUE AT SANTA FE WAY
The intersection of Cherry Avenue and Santa Fe Way is currently a two-way stop-controlled intersection, with stop control on Cherry Avenue and free-flowing traffic on Santa Fe Way. Cherry Avenue is a north-south, twolane roadway used primarily for local and agricultural traffic. Santa Fe Way runs diagonally from southeast to northwest as a two-lane roadway.
The intersection is immediately adjacent to the at-grade railroad crossing of Cherry Avenue and the BNSF Railroad. Santa Fe Way runs parallel to the BNSF tracks at a distance of approximately 60 feet between roadway and railroad track centerlines, with only approximately 30 feet of storage for southbound traffic between the Santa Fe Way edge of pavement and the crossing arm closure location.
Both the horizontal and vertical geometry at this location are complex. Orange Avenue intersects Santa Fe Way approximately 190 feet northwest of the Cherry Avenue intersection, creating a constrained geometric environment. Vertically, Cherry Avenue rises significantly over the BNSF crossing and back down before continuing north at a gentle grade. This profile raises concerns for southbound traffic speeds through the intersection if a signal were installed.
Current traffic volumes are approximately 1,500 vehicles per day on Cherry Avenue and 12,000 vehicles per day on Santa Fe Way. Cherry Avenue is anticipated to increase to 5,000 to 10,000 vehicles per day over the
City of Shafter April 27, 2026
Traffic Signal Design – Cherry Avenue at Santa Fe Way and Cherry Avenue at Lerdo Highway Page 2 of 9 Job No.: 26-387
https://us-partner-integrations.egnyte.com/msoffice/wopi/files/0026ec95-1927-4cea-a329-87f868c239a1/WOPIServiceId_TP_EGNYTE_PLUS/WOPIUserId_234.ppeng.egnyte.com/Draft_Proposal_Cherry_Ave_Signals_Opus_4_23_26-VB_JS24.docx next 5 to 10 years, and Santa Fe Way to 15,000 to 20,000 vehicles per day. Left-turn channelization is anticipated on both approaches.
The adjacency to the BNSF Railroad adds significant complexity, as both the BNSF Railroad and the California Public Utilities Commission (CPUC) Rail Safety Division will have oversight and input on crossing improvements necessary to facilitate the signalization. Accordingly, the project will encompass elements of roadway improvement, rail crossing improvements, and signal system design.
CHERRY AVENUE AT LERDO HIGHWAY
The intersection of Cherry Avenue and Lerdo Highway is currently a two-way stop-controlled intersection, with stop control on Cherry Avenue and free-flowing traffic on Lerdo Highway.
Lerdo Highway is a four-lane divided highway with existing left-turn channelization for turns onto Cherry Avenue. Its ultimate configuration is anticipated to be six lanes, though that widening is not expected for another 10 to 20 years. Cherry Avenue is a two-lane roadway with dirt shoulders.
Cherry Avenue is anticipated to be a future segment of the Shafter Greenpass, a north-south, four-lane expressway with a possible interchange at Lerdo Highway. The Greenpass is expected to be developed in phases, with a signalized intersection at Lerdo Highway in the interim. The ultimate signal configuration on Cherry Avenue would accommodate two through lanes, a left-turn lane, and a right-turn lane in each direction.
In the near term, the signal needs to provide a single left-turn, single through, and right-turn lane on Cherry Avenue in each direction.
Current traffic volumes on Lerdo Highway and Cherry Avenue are approximately 10,000 and 1,500 vehicles per day, respectively. Future volumes in the next 5 to 10 years are anticipated to be 15,000 to 20,000 and 5,000 to 10,000, respectively.
The project involves designing and preparing final Plans, Specifications and Estimate (PS&E) for a traffic signal system and associated roadway striping improvements to upgrade the intersection from stop-controlled to signalized operation.
SCOPE OF SERVICES
Our proposed scope of work for this proposal is segregated into several phases, described below.
PHASE SFW: CHERRY AVENUE AT SANTA FE WAY
Task 1 – Coordination
Conduct kick-off meeting with City
Coordinate with city staff regarding status, issues and resolutions throughout design process Task 2 –Traffic Memo
Compile and analyze existing traffic count data for the intersection Develop design year traffic volumes based on City growth projections Perform signal warrant analysis per the Manual on Uniform Traffic Control Devices (MUTCD) and confirm signal warrants are met
Prepare a traffic memorandum documenting existing conditions, design traffic, and warrant findings
City of Shafter April 27, 2026
Traffic Signal Design – Cherry Avenue at Santa Fe Way and Cherry Avenue at Lerdo Highway Page 3 of 9 Job No.: 26-387
https://us-partner-integrations.egnyte.com/msoffice/wopi/files/0026ec95-1927-4cea-a329-87f868c239a1/WOPIServiceId_TP_EGNYTE_PLUS/WOPIUserId_234.ppeng.egnyte.com/Draft_Proposal_Cherry_Ave_Signals_Opus_4_23_26-VB_JS24.docx Task 3 –Conceptual Design and Survey Scoping
Develop conceptual layout and identify survey limits and requirements Prepare survey scope and confirm with City
Task 4 – Utility Investigation and Mapping
Research and map existing utilities within the project area Identify potential utility conflicts with the proposed improvements Task 5 – Right-of-Way Investigation and Mapping
Research and map existing right-of-way limits within the project area Identify potential right-of-way needs for the proposed improvements Task 6 – Preliminary Geometric Layouts (10% Level)
Develop up to two design alternatives addressing roadway geometry, lane configurations, and signal layout
Address the complex horizontal geometry created by the diagonal alignment of Santa Fe Way and proximity to the Orange Avenue intersection
Address vertical geometry concerns, particularly for southbound traffic approaching the railroad crossing
Present alternatives to the City for review and selection Task 7 – Preliminary Design (35% Level)
Advance the selected design alternative to the 35% level, incorporating comments from the field diagnostic meeting
Coordinate with BNSF and CPUC regarding design requirements for the railroad crossing Task 8 – 65% Plans, Specifications and Estimate
Advance the design to 65% PS&E, including signal plans, roadway improvements, and railroad crossing modifications
Prepare specifications and engineer’s cost estimate
Submit to the City of Shafter and BNSF for review
Coordinate with City staff to address review comments on the 65% submittal Task 9 – 95% Plans, Specifications and Estimate
Incorporate City comments and advance the design to 95% PS&E Submit to the City of Shafter and BNSF for review
Coordinate with City staff to address review comments on the 95% submittal Task 10 – Final Plans, Specifications and Estimate
Incorporate final comments and prepare the final PS&E package for bidding PHASE SSF: SURVEY SANTA FE
Task 1 – Survey and Base Mapping
Conduct a topographic survey of the site within the area as shown on Exhibit “A”- Grade Separation Design Survey Estimate, which provides coverage for the intersection improvements and anticipated future grade separation
City of Shafter April 27, 2026
Traffic Signal Design – Cherry Avenue at Santa Fe Way and Cherry Avenue at Lerdo Highway Page 4 of 9 Job No.: 26-387
https://us-partner-integrations.egnyte.com/msoffice/wopi/files/0026ec95-1927-4cea-a329-87f868c239a1/WOPIServiceId_TP_EGNYTE_PLUS/WOPIUserId_234.ppeng.egnyte.com/Draft_Proposal_Cherry_Ave_Signals_Opus_4_23_26-VB_JS24.docx Prepare a high-resolution UAV imagery and a topographic and boundary map utilizing UAV LiDAR and GPS, as described below.
o UAV LiDAR will be used to survey the entire site shown on Exhibit “A”. The data collection will extend roughly 30 feet beyond the project site. o A detailed topographic survey will only occur along Orange Avenue and Cherry with GPS locating visible features and utilities within the existing road right-of-way. o The boundary will be surveyed in the area described above. Record data will be used to supplement the remaining boundary for the site.
PHASE RR: RAILROAD AND CPUC COORDINATION
Task 1 – Initial Railroad and CPUC Coordination
Initiate coordination with BNSF Railroad and the California Public Utilities Commission (CPUC) Rail Safety Division
Provide notification of the proposed signalization project and establish points of contact Identify preliminary requirements for railroad crossing improvements Task 2 – Field Diagnostic Meeting with BNSF and CPUC
Schedule and attend a field diagnostic meeting with BNSF Railroad and CPUC representatives Present the preliminary design concept and receive input on railroad crossing requirements Document meeting outcomes and incorporate feedback into the design Task 3 – Ongoing Railroad and CPUC Coordination
Maintain ongoing coordination with BNSF Railroad and CPUC throughout the design process Submit design documents for review and obtain necessary approvals at key milestones (assumes 1 submittal and 1 re-submittal responding to comments at 65% and 95% design) Assist the City with obtaining final approvals from the CPUC and BNSF Railroad for the railroad crossing improvements
Prepare and submit required application materials as needed Railroad Tasks assume approximately 60 hours for meetings, coordination and submittals PHASE LH: CHERRY AVENUE AT LERDO HIGHWAY
Task 1 – Coordination
Conduct kick-off meeting with City
Coordinate with city staff regarding status, issues and resolutions throughout design process Task 2 – Traffic Memo
Compile and analyze existing traffic count data for the intersection Develop design year traffic volumes based on City growth projections Perform signal warrant analysis per the MUTCD and confirm signal warrants are met Prepare a traffic memorandum documenting existing conditions, design traffic, and warrant findings Task 3 – Conceptual Design and Survey Scoping
Develop conceptual layout considering both the near-term and ultimate intersection configurations
City of Shafter April 27, 2026
Traffic Signal Design – Cherry Avenue at Santa Fe Way and Cherry Avenue at Lerdo Highway Page 5 of 9 Job No.: 26-387
https://us-partner-integrations.egnyte.com/msoffice/wopi/files/0026ec95-1927-4cea-a329-87f868c239a1/WOPIServiceId_TP_EGNYTE_PLUS/WOPIUserId_234.ppeng.egnyte.com/Draft_Proposal_Cherry_Ave_Signals_Opus_4_23_26-VB_JS24.docx Prepare survey scope and coordinate with survey team
Task 4 – Utility Investigation and Mapping
Research and map existing utilities within the project area Identify potential utility conflicts with the proposed improvements Task 5 – Right-of-Way Investigation and Mapping
Research and map existing right-of-way limits within the project area Identify potential right-of-way needs for the proposed improvements Task 6 – Preliminary Geometric Layouts (10% Level)
Develop two or more design alternatives addressing roadway geometry, lane configurations, and signal layout
Consider the near-term configuration (single left, single through, and right turn per direction on Cherry Avenue) and ultimate Greenpass configuration
Present alternatives to the City for review and selection Task 7 – 65% Plans, Specifications and Estimate
Advance the selected design alternative to 65% PS&E, including signal plans and roadway striping improvements
Prepare specifications and engineer’s cost estimate
Submit to the City of Shafter for review
Coordinate with City staff to address review comments on the 65% submittal Task 8– 95% Plans, Specifications and Estimate
Incorporate City comments and advance the design to 95% PS&E Submit to the City of Shafter for review
Coordinate with City staff to address review comments on the 95% submittal Task 9 – Final Plans, Specifications and Estimate
Incorporate final comments and prepare the final PS&E package for bidding PHASE SLH: SURVEY LERDO HIGHWAY
Task 1—Survey and Base Mapping
Conduct a topographic survey of the site within the area as shown on Exhibit “B”- Intersection Design Survey Estimate.
Prepare a high-resolution UAV imagery and a topographic and boundary map utilizing UAV LiDAR and GPS, as described below.
a. UAV LiDAR will be used to survey the entire site shown on Exhibit “B”. i. The data collection will extend roughly 30 feet beyond the project site. b. A detailed topographic survey will only occur at the Lerdo Highway and Cherry Avenue intersection with GPS locating visible features and utilities within the existing road right-ofway. c. The boundary will be surveyed in the area described above. Record data will be used to supplement the remaining boundary for the site.
City of Shafter April 27, 2026
Traffic Signal Design – Cherry Avenue at Santa Fe Way and Cherry Avenue at Lerdo Highway Page 6 of 9 Job No.: 26-387
https://us-partner-integrations.egnyte.com/msoffice/wopi/files/0026ec95-1927-4cea-a329-87f868c239a1/WOPIServiceId_TP_EGNYTE_PLUS/WOPIUserId_234.ppeng.egnyte.com/Draft_Proposal_Cherry_Ave_Signals_Opus_4_23_26-VB_JS24.docx
PROFESSIONAL FEES
The following table summarizes our proposed fees for each intersection. Provost & Pritchard Consulting Group will perform the services above on a time and materials basis, in accordance with our Standard Fee Schedule in effect at the time services are rendered. These fees will be invoiced monthly as they are accrued, and our total fees, including reimbursable expenses, will not exceed our estimate of $159,258 without additional authorization.
Should the City desire to proceed with only one intersection, the fees shown for each intersection shall apply independently.
PROPOSED FEE
INTERSECTION PHASE ESTIMATED FEE
Cherry Avenue at Santa Fe Way
Phase SFW $58,949
Phase SSF $32,746
Phase RR $13,311
Subtotal: $105,006
Cherry Avenue at Lerdo Highway Phase LH $38,028
Phase SLH $16,224
Subtotal: $54,252
Total Estimated Fee: $159,258
The line items shown above are estimates and are not intended to limit billings for any given Task. Required task effort may vary up or down from the line item estimates shown, however total billings will not exceed the Total shown without additional authorization. If the scope changes materially from that described above, as a result of any agency’s decision or because of design changes requested by the Owner, we will prepare a revised estimate of our fees for your approval before we proceed.
SCHEDULE
The work for both intersections will proceed in parallel. Upon receipt of an executed copy of this proposal and authorization to proceed, we anticipate the following schedules:
CHERRY AVENUE AT SANTA FE WAY
ESTIMATED DURATION: 9 MONTHS
MILESTONE DURATION
Traffic Memo, BNSF/CPUC Initial Coordination, Survey 2 months 10% Plans and Field Diagnostic Meeting 2 months
35% Plans (incorporating BNSF & CPUC comments) 1 month
65% PS&E and City Review 2 months
95% PS&E and City Review 1 month
Final PS&E 1 month
CHERRY AVENUE AT LERDO HIGHWAY
ESTIMATED DURATION: 6 MONTHS
MILESTONE DURATION
Traffic Memo and Survey 1 month
10% Plans 1 month
65% PS&E and City Review 2 months
95% PS&E and City Review 1 month
Final PS&E 1 month
City of Shafter April 27, 2026
Traffic Signal Design – Cherry Avenue at Santa Fe Way and Cherry Avenue at Lerdo Highway Page 7 of 9 Job No.: 26-387
https://us-partner-integrations.egnyte.com/msoffice/wopi/files/0026ec95-1927-4cea-a329-87f868c239a1/WOPIServiceId_TP_EGNYTE_PLUS/WOPIUserId_234.ppeng.egnyte.com/Draft_Proposal_Cherry_Ave_Signals_Opus_4_23_26-VB_JS24.docx Agency and railroad review times are beyond our control and are not included in the durations shown above.
If additional submittals are required after any review cycle, we will be prepared to re-submit within two weeks of receiving comments.
ASSUMPTIONS AND LIMITATIONS
The estimate of hours assumes a certain level of cooperation from both the BNSF and the CPUC. Additional hours may be necessary to obtain their participation or approval of the necessary modifications at the rail crossing. Additional hours are beyond the control of this office. City of Shafter will be notified if the amount of time necessary to secure their approval exceeds the estimate of time showed herein.
If needed, design of railroad crossing modifications and signal equipment will be provided by the BNSF Traffic data will consist of recent counts and projections from existing and on-going studies, published information and latest city information and that no new counts will be taken for the Traffic Memos Payment of County fees is not included in this estimate. City will accomplish any coordination with the County, if needed. Our fee does not include the preparation of easements or right-of-way acquisition documents. The site will be accessible, or the client will coordinate access for P&P. Client will provide deeds and Conditions of Title.
Railroad permits will not be prepared, and railroad tracks will be surveyed using UAV. Traffic control will not be needed.
The City will provide available as-built plans, traffic data, and other relevant background information. Geotechnical investigation, if required, is not included in this proposal. Environmental documentation and permitting, if required, are not included. Construction phase services (inspection, staking, etc.) are not included. Fees for permits and plan check by other agencies (CPUC filing fees, encroachment permits, etc.) are not included and will be paid directly by the City.
This proposal assumes up to two (2) review cycles per design submittal at each milestone. Additional review cycles may require a fee adjustment.
TERMS AND CONDITIONS
In order to convey a clear understanding of our mutual responsibilities under this proposal, please provide an agreement for our review and execution. This proposal is valid for 30 days from the date above.
Respectfully,
Provost & Pritchard Consulting Group
John D. Schuler, RCE 51825 Soo Ho Park, RCE 89361
Principal Engineer Director of Operations
TERMS AND CONDITIONS ACCEPTED
By City of Shafter
Signature
Printed Name
Title Date
1518 Mill Rock Way, Suite 100, Bakersfield, CA 93311-1351 • Tel: (661) 616-5900 www.provostandpritchard.com
https://us-partner-integrations.egnyte.com/msoffice/wopi/files/0026ec95-1927-4cea-a329-87f868c239a1/WOPIServiceId_TP_EGNYTE_PLUS/WOPIUserId_234.ppeng.egnyte.com/Draft_Proposal_Cherry_Ave_Signals_Opus_4_23_26-VB_JS24.docx Engineering • Structural • Geostructural • Surveying • Planning • Environmental • GIS • Construction Services • Hydrogeology • Consulting Clovis • Visalia • Bakersfield • Modesto • Los Banos • Chico • Sacramento • Sonora • San Luis Obispo • Riverside • Camarillo • Boise, ID EXHIBIT “A” - GRADE SEPARATION DESIGN SURVEY ESTIMATE
1518 Mill Rock Way, Suite 100, Bakersfield, CA 93311-1351 • Tel: (661) 616-5900 www.provostandpritchard.com
https://us-partner-integrations.egnyte.com/msoffice/wopi/files/0026ec95-1927-4cea-a329-87f868c239a1/WOPIServiceId_TP_EGNYTE_PLUS/WOPIUserId_234.ppeng.egnyte.com/Draft_Proposal_Cherry_Ave_Signals_Opus_4_23_26-VB_JS24.docx Engineering • Structural • Geostructural • Surveying • Planning • Environmental • GIS • Construction Services • Hydrogeology • Consulting Clovis • Visalia • Bakersfield • Modesto • Los Banos • Chico • Sacramento • Sonora • San Luis Obispo • Riverside • Camarillo • Boise, ID EXHIBIT “B” - INTERSECTION DESIGN SURVEY ESTIMATE
Assistant Engineer $ - 156.00 128.00 $
Associate Engineer $ - 180.00 149.00 $
Senior Engineer $ - 225.00 188.00 $
Principal Engineer $ - 295.00 235.00 $
Associate Structural Engineer $ - 178.00 148.00 $
Senior Structural Engineer $ - 225.00 187.00 $
Principal Structural Engineer $ - 275.00 235.00 $
Assistant Electrical,I&C Engineer $ - 162.00 134.00 $
Associate Electrical,I&C Engineer $ - 200.00 170.00 $
Senior Electrical,I&C Engineer $ - 250.00 210.00 $
Principal Electrical,I&C Engineer $ - 300.00 260.00 $
Assistant Specialist $ - 127.00 107.00 $
Associate Specialist $ - 163.00 133.00 $
Senior Specialist $ - 208.00 170.00 $
Principal Specialist $ - 278.00 218.00 $
Assistant Biologist $ - 123.00 108.00 $
Associate Biologist $ - 155.00 128.00 $
Senior Biologist $ - 184.00 162.00 $
Principal Biologist $ - 232.00 192.00 $
Assistant Geologist/Hydrogeologist $ - 142.00 117.00 $
Associate Geologist/Hydrogeologist $ - 172.00 148.00 $
Senior Geologist/Hydrogeologist $ - 212.00 182.00 $
Principal Geologist/Hydrogeologist $ - 262.00 222.00 $
Principal Tunneling Consultant $ - 288.00 258.00 $
Assistant Planner $ - 130.00 110.00 $
Associate Planner $ - 158.00 137.00 $
Senior Planner $ - 193.00 165.00 $
Principal Planner $ - 231.00 201.00 $
Assistant Technician $ - 113.00 96.00 $
Associate Technician $ - 144.00 120.00 $
Senior Technician $ - 178.00 150.00 $
Associate Construction Manager $ - 166.00 146.00 $
Senior Construction Manager $ - 197.00 173.00 $
Principal Construction Manager $ - 237.00 207.00 $
Construction Inspector (PW) $ - 228.00 183.00 $
Construction Inspector - OT (PW) $ - 278.00 233.00 $
Construction Inspector - Dbl OT (PW) $ - 305.00 260.00 $ $ 250.00 $295.00 Administrative Assistant $ - 106.00 86.00 $
Project Administrator $ - 126.00 100.00 $
Senior Project Administrator $ - 216.00 134.00 $
Intern $ - 91.00 76.00 $
Assistant Surveyor $ - 153.00 122.00 $
Licensed Surveyor $ - 213.00 173.00 $
Prev Wage OT (1)
1 Man Survey Crew $ 280.00 215.00 $
2 Man Survey Crew $ 380.00 335.00 $
Mileage IRS value + 15%
Outside Consultants Cost + 15%
Direct Costs Cost + 15%
SURVEYING SERVICES:
External Use
STANDARD FEE SCHEDULE - Effective 1/1/2026
The rates outlined herein are effective for the period January 1, 2026 through December 31, 2026. Such rates will be adjusted annually on January 1 of each subsequent year.
Such adjustment shall be mutually agreed upon by the Client and Consultant and shall be reflective of then current market conditions.
ENGINEERING STAFF: Fee Range
SPECIALISTS:
PLANNING STAFF
TECHNICAL STAFF:
CONSTRUCTION SERVICES:
SUPPORT STAFF:
PROJECT COSTS:
(1) Prevailing wage rates shown for San Joaquin, Stanislaus, Merced, Madera, Fresno, Tulare, Kings, and Kern Counties, other counties as quoted.
Prev. Wage (1)
$ 255.00
$ 360.00
(Field Work not including survey equipment billed at individual standard rate plus vehicle as appropriate) EXPERT WITNESS / GIS TRAINING: As quoted.
TRAVEL TIME (for greater than 1 hour from employee’s base office): $100/hr (unless the individual's rate is less)
CONSENT CALENDAR
CITY OF SHAFTER
CITY COUNCIL REPORT
MEETING DATE: May 19, 2026
DEPARTMENT: Alex Gonzalez, Public Works Director
SUBJECT: SPECIAL DISTRICT ADMINISTRATION SERVICES
PROFESSIONAL SERVICES AGREEMENT AWARD
RECOMMENDATION
Council find that the action is not defined as a “project” per Section 15378(b)(4) of the CEQA Guidelines; and approve and authorize the City Manager to execute a three (3) year professional services agreement with Koppel & Gruber Public Finance for special district administration services in an amount not to exceed $150,000.
BACKGROUND
The City administers multiple Landscaping and Lighting Assessment Districts (LLMDs) and Community Facilities Districts (CFDs), which require ongoing annual administration services to ensure proper levy of assessments and special taxes, compliance with applicable statutes, and coordination with the County tax roll.
The proposed consultant has provided a scope of services that includes comprehensive administration of both LLMDs and CFDs, including preparation of annual reports, engineer’s reports, levy calculations, and property owner support services. The fee structure for CFD administration is based on a cost per district levied, which aligns with the City’s current needs.
The consultant has served as the City’s special tax consultant for Landscaping and Lighting Assessment Districts since May 12, 2023, and has demonstrated familiarity with the City’s districts, including assisting with the formation of new districts and annexation of new development areas. This experience provides continuity and institutional knowledge that supports efficient and accurate administration of the City’s special districts.
The existing agreement has expired, and the City is seeking to enter into a new three (3) year professional services agreement to continue these services without interruption.
Professional services of this nature are exempt from the City’s bidding and procurement requirements pursuant to Section 2.68.030(B)(6) of the City’s Bidding and Procurement Policy, which exempts financial services.
FISCAL IMPACT
SPECIAL DISTRICT ADMINISTRATION SERVICES PROFESSIONAL SERVICES
AGREEMENT AWARD
- 2 -
The proposed agreement provides for annual administration services for the City’s special districts, with costs structured based on the number and type of districts administered. For Community Facilities Districts (CFDs), the consultant’s fee is $3,500 per district levied during the fiscal year .
The City anticipates levying three (3) CFDs annually, resulting in an estimated annual cost of $10,500 for CFD administration and a total estimated cost of $31,500 over the three (3) year term.
For Landscaping and Lighting Assessment Districts (LLMDs), the annual administration costs vary by district. Based on the current fee schedule provided in the proposal, the estimated total annual cost for LLMD administration is approximately $28,215, for a total estimated cost of approximately $84,645 over the three (3) year term.
Combined, the total estimated cost for CFD and LLMD administration services is approximately $116,145 over the three (3) year term. The agreement also provides for reimbursement of direct expenses, including travel and data-related costs, and includes provisions for annual Consumer Price Index adjustments as outlined in the proposal.
The total contract amount is not to exceed $150,000 over the three (3) year term, inclusive of services, reimbursable expenses, and any applicable cost adjustments. All costs associated with this contract will be assessed to the individual district funds and are recovered through assessments and special taxes levied within each district. As such, there is no impact to the City’s General Fund.
CEQA ANALYSIS
The action is not defined as a “project” per Section 15378(b)(4) of the CEQA Guidelines because the action is approval of a professional services agreement for special district administrative services and therefore, it is the creation of a governmental funding mechanism or other fiscal activity that does not involve any commitment to a specific project that can result in a potentially significant impact and not subject to CEQA.
APPROVED BY THE CITY ATTORNEY
No
ATTACHMENTS
1. Koppel & Gruber Public Finance - Special District Administration Scope and Fee
Proposal to Provide
Landscaping and Lighting District
Annual Administration
City of Shafter
May 11, 2026
TABLE OF CONTENTS
I. Company Profile............................................................................................................... 1 II. Project Understanding ..................................................................................................... 2 III. Scope of Services.............................................................................................................. 3 IV. Compensation.................................................................................................................. 5
Proposal For Special District Annual Administration 1
City of Shafter
I. COMPANY PROFILE
Koppel & Gruber Public Finance (“K&G Public Finance”) is by design an entrepreneurial firm dedicated to sustainable growth, currently with twelve (12) employees. We have been providing consulting services for cities and other public agencies since incorporation in November 2004 specifically related to Special District formation administration (specifically landscape and lighting district (“LLDs”) and community facilities district (“CFD(s)”), special district formation and bond continuing disclosure reporting. Since 2004, we have been involved with the formation and administration of over 150 special districts. We work exclusively for public agencies and are currently providing similar services to over forty (40) public agencies throughout California.
Our goal is to provide our clients with the highest level of service with an experienced, stable team of consultants. You will work directly with the partners at K&G Public Finance and with our firm you won’t have to worry about the transition from one staff member to another that often takes place with larger consulting companies. Additionally, the partners of the firm, Scott Koppel and Lyn Gruber, each have over thirty years of consulting services experience with various types of special districts (community facilities district, assessment districts, landscape and lighting districts and other maintenance districts) and Douglas Floyd, Vice President of Administration, has over twenty years of experience providing consulting services.
In addition to Administration services our expertise also includes the following:
Community Facilities District Formation and
Annexation Arbitrage calculations
Bond Continuing Disclosure Feasibility studies
Bond Refunding Services Bond Issuance Data Tables
GIS Mapping and Analysis Mitigation fee calculation
Proposal For Special District Annual Administration 2
City of Shafter
II. PROJECT UNDERSTANDING
We understand that the City of Shafter (the “City”) would like assistance in the annual administration of their Landscaping and Lighting Districts, Community Facilities Districts and wastewater and refuse charges (together referred to as “Districts”) that have been formed.
Below is a list of the landscaping and lighting districts that have been formed in accordance with the Landscaping and Lighting Act of 1972 and charges for wastewater and sewer for the Gossamer Grove area and that were levied for fiscal year 2025/2026. In addition, there are three community facilities districts that were recently formed but have not been levied to date.
District Name Assessable
Lots
Fiscal Year
2025/2026
Levy
District No. LL001-95 43 $ 2,506.47
District No. LL001-98 94 $ 16,857.96
District No. LL001-2002 185 $19,539.70
District No. LL001-2005 178 $15,148.44
District No. LL002-2005 57 $32,268.27
District No. LL003-2005 165 $29,934.30
District No. LL004-2005 32 $16,632.74
District No. LL001-2006 68 $9,165.04
District No. LL001-2007 170 $14,118.50
District No. LL002-2007 139 $18,366.07
District No. LL001-20091 0 $0
Refuse Utility Fund 1791 $747,491.76
Wastewater Utility Fund 1791 $692,947.20
District No. LL001-2015 (Gossamer
Grove) 1807 $817,595.22
District No. LL001-2021 36 $6,583.68
District No. LL001-2022 107 $46,425.16
1. The industrial L&L was not levied in FY2025/2026 and likely will not be levied in the future.
Proposal For Special District Annual Administration 3
City of Shafter
III. SCOPE OF SERVICES
Based on our understanding of the Districts, K&G Public Finance will provide the following scope of services for the annual administration of the Special Districts.
A. Landscaping and Lighting Assessment District Annual Administration
1. Work with the City to recover all costs associated with the ongoing administration of the Districts, including, but not limited to, staff time, County costs, consultant fees and legal fees assuming there is sufficient budget in the formation cost estimate. This is to facilitate the self-sufficiency of the Districts and is allowed for by appropriate statutes.
2. Prepare District Maintenance Information Forms and Rate Code Schedule for each special district for City signature and submit to Kern County.
3. Obtain approved rate schedule for fiscal year, as well as any proposed changes to the District boundaries or apportionment methodology.
4. Obtain the most recent County Assessor’s data for the parcels within the District boundaries. Update the parcel database with any changes reflected in the Assessor’s records, as well as any changes indicated by the City. Track any parcel changes or parcel configuration changes and calculate the annual assessment for each parcel within the district based on the methodology developed in the formation process.
5. Prepare and update the Engineer’s Report for each District which will contain at least the following sections:
a. Plans and specifications for the improvements;
b. An estimate of the costs of the improvements;
c. A diagram for the boundaries of the Landscaping and Lighting District; d. An assessment of the estimated costs of the improvements to each assessor parcel and future consumer price index increases if applicable; e. The specific benefit methodology and general benefit discussion; f. The method of spread methodology to each of the parcels within the District; and
g. Signed by the City’s Engineer/Public Works Director.
6. Using the approved apportionment methodology, apply the approved rates for the fiscal year to the parcel database.
7. Prepare an electronic version of the special charges/roll in the format required by the County of Kern/Tax Collector’s office and submit along with other County required forms.
8. Research any unapplied parcels and coordinate with the City as needed to determine if any changes to the assessment are required based on changes in land use or other pertinent factors. Submit corrections to the County of Kern Treasurer/Tax Collector to be finalized by the deadline specified in County’s annual Special Assessment- Critical Dates timeline (corrections are typically due by early July).
Proposal For Special District Annual Administration 4
City of Shafter
9. Provide contact name and a toll-free phone number and answer property owner questions regarding the assessment placed on the tax roll. This helps to minimize staff time spent on the Districts.
10. After acceptance of the Assessment Roll for inclusion on the ensuing year’s tax roll, provide the City with one electronic copy of the Final Assessment Roll as accepted by the County Treasurer/Tax Collector.
11. Prepare and/or review resolutions for the two required City Council Meetings – The Resolution of Intent and the Public Hearing Resolutions and Staff Reports.
B. Maintenance Community Facilities District Annual Administration
1. Attend meetings with respect to the ongoing administration of the CFDs.
2. Work with the City to recover all costs associated with the ongoing administration of the CFDs, including, but not limited to, staff time, City costs, consultant fees, and legal fees. This is to facilitate the self-sufficiency of the CFDs and is allowed for by appropriate statutes.
3. Track parcel changes and development changes, including building permits, and calculate the annual special tax for each parcel within the CFD based on the methodologies developed in the formation process and included in the rate and method of apportionment.
4. Place the special taxes on the County Tax Roll and provide the City with a verification of the total amount placed on the tax roll. Handbill parcels not able to be placed on the County Tax Roll will be billed directly.
5. Provide our 800 phone number on the tax bill to answer property owner questions regarding the district or special tax placed on the tax roll. This helps to minimize staff time spent on the CFDs.
6. Prepare an Annual Report for the CFD including the annual budget, a list of valid assessor parcels and calculate the rates for each parcel based upon the rate and method of apportionment, development changes, and other pertinent information about the CFDs. This provides the City a summary of the calculation of the annual special tax for easy access.
7. Prepare and/or review Resolutions and Staff Report needed to approve the Annual Levy.
8. Compile and submit the annual report required by Local Agency Special Tax and Bond Accountability Act under Government Code 50075.3 or 53411, if requested. Coordinate with the City to post on their website.
9. Prepare “Notice of Special Tax” as provided for in Government Code 53340.2(b) and 53341.5. A fee of $15.00 may be charged to the requestor.
Proposal For Special District Annual Administration 5
City of Shafter
IV. COMPENSATION
We will provide the above listed Scope of Services for the fees outlined below.
Service Description Fiscal Year
2025/2026
Landscaping & Lighting Assessment Districts
District No. LL001-95 $695
District No. LL001-98 $1,230
District No. LL001-2002 $1,450
District No. LL001-2005 $1,450
District No. LL001-2006 $1,230
District No. LL001-2007 $1,450
District No. LL001-20091 $695
District No. LL001-2015 (Gossamer Grove) $5,035
District No. LL001-2021 $1,450
District No. LL001-2022 $1,450
District No. LL002-2005 $1,230
District No. LL002-2007 $1,230
District No. LL003-2005 $1,450
District No. LL004-2005 $1,230
Gossamer Grove Wastewater & Refuse $4,270
Core City Wastewater & Refuse2 $1,850
Maintenance CFDs
Fee per District Levied $3,500
1. The industrial L&L was not levied in FY2025/2026 and likely will not be levied in the future.
2. The Core City Wastewater services may not be levied on the tax roll in FY2026/2027.
The fees above include all work required for the projects including the time required for conference calls, telephone calls and emails.
Expenses
In addition to fees for services, K&G Public Finance shall be reimbursed for direct expenses, including travel, mileage, photocopying, data sources, recording fees, and overnight delivery expenses. These expenses are billed at our cost; we do not charge an administrative fee or additional expense markup.
Billing Structure
K&G Public Finance will invoice only for the special districts levied on a quarterly basis for the annual administration services.
The quoted fees will be subject to an annual Consumer Price Index increase for Los AngelesLong Beach-Anaheim, CA, All Urban Consumer Price Index (All Items) not to exceed 4.5%, beginning July 2027.
Proposal For Special District Annual Administration 6
City of Shafter
Additional Services
If authorized by the City, K&G Public Finance will provide additional services not included in the above scope of services at the hourly rates provided below unless otherwise agreed upon between the City and K&G Public Finance.
Title Hourly Rate
Principal $295
Vice President 260
Senior Associate 230
Associate 160
Production/Administration 100
Accepted by_____________________________ Date:________________
CONSENT CALENDAR
CITY OF SHAFTER
CITY COUNCIL REPORT
MEETING DATE: May 19, 2026
DEPARTMENT: Alex Gonzalez, Public Works Director
SUBJECT: CALIFORNIA DEPARTMENT OF TRANSPORTATION ALL
MASTER AGREEMENTS, PROGRAM SUPPLEMENTAL
AGREEMENTS, FUND EXCHANGE AGREEMENTS, FUND
TRANSFER AGREEMENTS AND ANY AMENDMENTS
RESOLUTION ADOPTION
RECOMMENDATION
Council find that the action is not defined as a “project” per Section 15378(b)(5) of the CEQA Guidelines; and adopt Resolution 3078, a Resolution of the City Council of the City of Shafter authorizing the City Manager or Acting City Manager to execute all Master Agreements, Program Supplemental Agreements, Fund Exchange Agreements, Fund Transfer Agreements, and any amendments thereto with the California Department of Transportation.
BACKGROUND
The City previously entered into a Master Agreement with the California Department of Transportation (Caltrans) (Agreement No. 06-5281F15) to establish procedures for administering federally funded transportation projects.
From time to time, the City becomes eligible to receive State and/or Federal funding for transportation-related projects. In order to access and utilize these funds, Caltrans requires the execution of various standard implementing and funding agreements. Most of these agreements include standard language that Caltrans requires all municipalities to accept (without change) in order to participate in the program and access the funds. The proposed resolution streamlines this process by delegating authority to the City Manager or Acting City Manager to execute these agreements and amendments, allowing for the timely delivery of transportation projects and the efficient administration of funding. We will continue to seek City Council approval anytime the particular Caltrans grant requires the City to use matching funds or include a portion of its own funds for applicable projects.
FISCAL IMPACT
There is no direct fiscal impact associated with the approval of this resolution. The authorization to execute Master Agreements, Program Supplemental Agreements, Fund Exchange Agreements, and Fund Transfer Agreements enables the City to access State and Federal funding for transportation projects.
CALIFORNIA DEPARTMENT OF TRANSPORTATION ALL MASTER AGREEMENTS,
PROGRAM SUPPLEMENTAL AGREEMENTS, FUND EXCHANGE AGREEMENTS,
FUND TRANSFER AGREEMENTS AND ANY AMENDMENTS RESOLUTION
ADOPTION
- 2 -
Any future fiscal impacts related to specific projects funded through these agreements will be evaluated and presented to the City Council at the time of project approval.
CEQA ANALYSIS
The proposed action is not defined as a “project” per Section 15378(b)(5) of the CEQA Guidelines because it consists of organizational and administrative activities that will not result in direct or indirect physical changes to the environment.
APPROVED BY THE CITY ATTORNEY
Yes
ATTACHMENTS
1. Resolution No. 3078
RESOLUTION NO. 3078
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SHAFTER AUTHORIZING THE CITY MANAGER or ACTING CITY MANAGER TO EXECUTE
ALL MASTER AGREEMENTS, PROGRAM SUPPLEMENTAL AGREEMENTS, FUND
EXCHANGE AGREEMENTS, FUND TRANSFER AGREEMENTS AND ANY
AMENDMENTS THERETO WITH CALIFORNIA DEPARTMENT OF
TRANSPORTATION
WHEREAS, the CITY OF SHAFTER (CITY) previously entered into a master agreement with the STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION (“CALTRANS”) entitled “MASTER AGREEMENT ADMINISTERING AGENCY-STATE AGREEMENT NO. 06-5281F15” to outline compliance procedures for Federal Aid projects; and WHEREAS, the City of Shafter is eligible to receive Federal and/or State funding for certain Transportation Projects, through the California Department of Transportation and WHEREAS, Master Agreements, Program Supplemental Agreements, Fund Exchange Agreements and/or Fund Transfer Agreements need to be executed with the California Department of Transportation before such funds could be claimed and WHEREAS, the City wishes to delegate authorization to execute these agreements and any amendments thereto to the CITY MANAGER OR ACTING CITY MANGER to execute all Master Agreements, Program Supplemental Agreements, Fund Exchange Agreements, Fund Transfer Agreements and any amendments thereto with California Department of Transportation.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAFTER:
SECTION 1. The City Council of the City of Shafter hereby authorizes the City Manager or Acting City Manager to execute all Master Agreements, Program Supplemental Agreements, Fund Exchange Agreements, Fund Transfer Agreements and any amendments thereto with California Department of Transportation.
SECTION 2. This resolution shall take effect upon its adoption.
PASSED, APPROVED AND ADOPTED ON THIS 19th DAY OF MAY, 2026. ____________________________
Chad Givens, Mayor
ATTEST:
____________________________
Yazmina Pallares, City Clerk
APPROVED AS TO FORM:
____________________________
Marco A. Martinez, City Attorney
CONSENT CALENDAR
CITY OF SHAFTER
CITY COUNCIL REPORT
MEETING DATE: May 19, 2026
DEPARTMENT: Alex Gonzalez, Public Works Director
SUBJECT: CORE CITY BIKE LANE PROJECT (CIP NO. ST00043)
APPROVAL OF PLANS AND SPECIFICATIONS AND
AUTHORIZATION TO PROCEED WITH FORMAL BIDDING
RECOMMENDATION
Council find that the action had previously been exempted from the California Environmental Quality Act; approve the plans and specifications for the Core City Bike Lane Project; and authorize staff to proceed with formal bidding.
BACKGROUND
The City has prepared plans and specifications for the Core City Bike Lane Project, which consists of signing, striping, and related improvements along multiple corridors, including Lerdo Highway, Los Angeles Avenue, Tulare Avenue, Shafter Avenue, and other connecting streets. The project is intended to improve bicycle connectivity, enhance roadway safety, and provide clearer traffic delineation throughout the City.
The City was awarded $1,275,000 in funding for this project through the San Joaquin Valley Unified Air Pollution Control District AB 617 Program, which supports projects that improve air quality and promote alternative transportation options. The Core City Bike Lane Project is consistent with these goals by encouraging bicycle use and reducing vehicle emissions.
Approval of the plans and specifications is required to proceed to the formal bidding phase, allowing the City to solicit competitive bids from qualified contractors and advance the project toward construction.
FISCAL IMPACT
The Core City Bike Lane Project is a previously approved Capital Improvement Program project (CIP No. ST00043) with a total budget allocation of $1,275,000.
Approval of the plans and specifications and authorization to advertise for bids does not result in a direct fiscal impact at this time. Any fiscal impacts associated with construction will be presented to the City Council for consideration at the time of contract award.
CEQA ANALYSIS
CORE CITY BIKE LANE PROJECT (CIP NO. ST00043) APPROVAL OF PLANS AND
SPECIFICATIONS AND AUTHORIZATION TO PROCEED WITH FORMAL BIDDING - 2 -
The proposed action to approve the plans and specifications and authorize the solicitation of bids for the Core City Bike Lane Project is a project under the California Environmental Quality Act (CEQA). The project was previously determined to be categorically exempt pursuant to CEQA Guidelines Section 15301 (Existing Facilities).
No further CEQA action is required.
APPROVED BY THE CITY ATTORNEY
No
ATTACHMENTS
1. Core City Bike Lane Project Plans
60% SUBMITTAL ENGINEERING SERVICES DEPARTMENT Phone (661) 746-5002 Fax (661) 746-9125 SHEET
OF720 Commerce Way Shafter, CA 93263
11 SIGNING AND STRIPING CONSTRUCTION NOTES
01 STATE HWY 43
W LOS ANGELES AVE SHAFTER AVE BEECH AVE
CENTRAL AVE
W LERDO HWY SCHNAIDT ST MANNEL AVE WALKER ST
KEY MAP - NO SCALE
PROJECT LOCATION
PLANS FOR THE CONSTRUCTION OF THE
CORE CITY BIKE LANE PROJECT COVER SHEET
SIGNING AND STRIPING GENERAL NOTES:
W LERDO HWY E LERDO HWY
E TULARE AVE CITY OF SHAFTER CORE CITY BIKE LANE PROJECT
LIST OF SHEETS
STOP
3 6
6 1
4 4
7 1
3 STOP STOP STOP STOP
3 6
4 1
6 3
4 4
6 3
14 1
1 14
3 4
1 3
6 8
1 4
4 1
1 1
12 12
6 17
3 14
14 14
16 14
3 3
4 2
2 2 MATCH LINE SEE CENTER LEFT E LERDO HWY MATCH LINE SEE TOP RIGHT MATCH LINE SEE BOTTOM LEFT MATCH LINE SEE CENTER RIGHT SEE SHEET 7 REIKER ST
VALLEY ST WALL ST
E LERDO HWY MATCH LINE SEE SHEET 03
E LERDO HWY
SHAFTER AVE 60% SUBMITTAL ENGINEERING SERVICES DEPARTMENT Phone (661) 746-5002 Fax (661) 746-9125 SHEET
OF720 Commerce Way Shafter, CA 93263
11 CORE CITY BIKE LANE PROJECT SIGNING AND STRIPING
02E LERDO HWY
Feet
1:40
0 80 160
40 SIGNING AND STRIPING CONSTRUCTION NOTES LEGEND
CONSTRUCTION NOTES
SLURRY GENERAL NOTE
ENGINEER'S ESTIMATE QUANTITIES
SEE SHEET 8
SEE SHEET 8
SCHNAIDT ST
STOP STOP STOP STOP
4 3
1 4
4 4
8 8
12 1
1 9 12
1 14
1 1
12 5
1 17
9 17
3 3
3 9
14 14
1 4
4 1
1 1
8 12
12 7
7 5
5 6
2 5
15 7
5 1
1 3
4 1
1 1
4 1
1 12
12 7
5 1
5 3
3 5
7 7
4 1 MATCH LINE SEE CENTER LEFT MATCH LINE SEE TOP RIGHT MATCH LINE SEE BOTTOM LEFT MATCH LINE SEE CENTER RIGHT Feet
1:40
0 80 160
40 W LERDO HWY MATCH LINE SEE SHEET 04
E LERDO HWY
ELM ST MATCH LINE SEE SHEET 02
NICKEL ST
PACIFIC ST
JAMES ST
CENTRAL VALLEY HWY
MANNEL AVE
JACKSON AVE 60% SUBMITTAL ENGINEERING SERVICES DEPARTMENT Phone (661) 746-5002 Fax (661) 746-9125 SHEET
OF720 Commerce Way Shafter, CA 93263
11 CORE CITY BIKE LANE PROJECT SIGNING AND STRIPINGSIGNING AND STRIPING CONSTRUCTION NOTES 03LERDO HWY
W LERDO HWY
CONSTRUCTION NOTES
SLURRY GENERAL NOTE
LEGEND
ENGINEER'S ESTIMATE QUANTITIES
SEE SHEET 10
SEE SHEET 13
FOR OVERLAY
MUNZER ST
1 4
1 1
1 12
5 12
5 7 7
5 3 5
3 3
7 3
12 7
7 1
1 1
1 12
1 12
5 7
7 18
1 4
18 18 MATCH LINE SEE BOTTOM LEFT MATCH LINE SEE TOP RIGHT Feet
1:40
0 80 160
40 E LERDO HWY MATCH LINE SEE SHEET 03
PINE ST
BEECH AVE
E LERDO HWY 60% SUBMITTAL ENGINEERING SERVICES DEPARTMENT Phone (661) 746-5002 Fax (661) 746-9125 SHEET
OF720 Commerce Way Shafter, CA 93263
11 CORE CITY BIKE LANE PROJECT SIGNING AND STRIPING SIGNING AND STRIPING CONSTRUCTION NOTES 04E LERDO HWY CONSTRUCTION NOTES
SLURRY GENERAL NOTE
LEGEND ENGINEER'S ESTIMATE QUANTITIES
STOP STOP
8 8
1 1
3 3
3 3
4 4 4
4 4
1 11
17 14
14 8
9 3
3 9
17 3
9 1
8 8
8 8
1 3
3 3
3 4
4 1
17 14
8 17 9
9 4
1 CNES (2025) Distribution Airbus DS STOP
STOP STOP
6 1
3 3
4 4
1 17
15 MATCH LINE SEE CENTER LEFT W LOS ANGELES AVE MATCH LINE SEE TOP RIGHT MATCH LINE SEE BOTTOM LEFT MATCH LINE SEE CENTER RIGHT
SCHNAIDT ST
OAKMONT ST
VAN METER ST
LAWRENCE ST
REIKER ST
HILLMAN ST
W LOS ANGELES AVE
S WALL ST
SHAFTER AVE
W LOS ANGELES AVE 60% SUBMITTAL ENGINEERING SERVICES DEPARTMENT Phone (661) 746-5002 Fax (661) 746-9125 SHEET
OF720 Commerce Way Shafter, CA 93263
11 CORE CITY BIKE LANE PROJECT SIGNING AND STRIPING
SIGNING AND STRIPING CONSTRUCTION NOTES
SHAFTER AVE
05W LOS ANGELES AVE
Feet
1:40
0 80 160
40 LEGEND
SLURRY GENERAL NOTE
CONSTRUCTION NOTES
ENGINEER'S ESTIMATE QUANTITIES
SEE SHEET 8
STOP
STOP
STOP
6 6 3 3
3 12
2 1
1 6
6 6
6 6 6
3 3
3 3
3 3
11 10
1 1
3 14 6
14 1
1 STOP STOP
6 3
3 1
1 2
14 16
1 MATCH LINE SEE CENTER LEFT
E TULARE AVE MATCH LINE SEE CENTER RIGHT MATCH LINE SEE BOTTOM LEFT MATCH LINE SEE TOP RIGHT
SHAFTER AVE KERN ST
HOFMAN DR
SYCAMORE AVE
WILLOW ST
SUNSET AVE
WALKER ST
OLIVE ST
E TULARE AVE
HARRIS DR
CALLOWAY ST CALIFORNIA AVE
ACACIA AVE
E TULARE AVE
MANNEL AVE CENTRAL AVE 60% SUBMITTAL ENGINEERING SERVICES DEPARTMENT Phone (661) 746-5002 Fax (661) 746-9125 SHEET
OF720 Commerce Way Shafter, CA 93263
11 CORE CITY BIKE LANE PROJECT SIGNING AND STRIPING
SIGNING AND STRIPING CONSTRUCTION NOTES
06E TULARE AVE
Feet
1:40
0 80 160
40 LEGEND
CONSTRUCTION NOTES
SLURRY GENERAL NOTE
ENGINEER'S ESTIMATE QUANTITIES
SEE SHEET 10
SEE SHEET 11
ibution Airbus DS STOP
STOP
6 6
6 6
3 3
3 3
3 1
14 14 1
25 Maxar ©CNES (2025) Distribution Airbus DS
6 6
6 6
6 3
3 3
3 3
3 3
3 14
1 STOP
6 6
3 1
2 1 MATCH LINE SEE BOTTOM LEFT
SCHNAIDT ST MATCH LINE SEE TOP RIGHT MATCH LINE SEE BOTTOM LEFT MATCH LINE SEE TOP RIGHT Feet
1:40
0 80 160
40 LOS ANGELES AVE
ATKINSON AVE RODRIGUEZ AVE
RODEO AVE
ASH AVE
OLSON AVE
JOHNSTON AVE
CURTIS AVE EUCLID AVE
WIEDMANN AVE
SCHNAIDT ST
SCHNAIDT ST
MARENGO AVE LERDO HWY 60% SUBMITTAL ENGINEERING SERVICES DEPARTMENT Phone (661) 746-5002 Fax (661) 746-9125 SHEET
OF720 Commerce Way Shafter, CA 93263
11 CORE CITY BIKE LANE PROJECT SIGNING AND STRIPING
SIGNING AND STRIPING CONSTRUCTION NOTES
07SCHNAIDT ST
LEGEND
SLURRY GENERAL NOTE
CONSTRUCTION NOTES
ENGINEER'S ESTIMATE QUANTITIES
SEE SHEET 2
SEE SHEET 5
NES (2025) Distribution Airbus DS
NES (2025) Distribution Airbus DS
NES (2025) Distribution Airbus DS STOP STOP STOP
1 3
1 1
4 4
2 8
8 1
1 1
4 4
12 6
14 4 CNES (2025) Distribution Airbus DS 3 3
3 3
3 3
3 1 1
4 4
4 8
8 8
8 1
4 4
1 12 14
14 14
6 1 © 2025 Microsoft Corporation © 2025 Maxar ©CNES (2025) Distribution Airbus DS 3 3
1 1
4 4
3 3
3 3
8 8
8 1
1 1
1 6
12 14
14 1 MATCH LINE SEE CENTER LEFT
SHAFTER AVE MATCH LINE SEE TOP RIGHT MATCH LINE SEE BOTTOM LEFT MATCH LINE SEE CENTER RIGHT
LOS ANGELES AVE RODRIGUEZ AVE
CALIFORNIA AVE
ASH AVE
ATKINSON AVE
STONE AVE
ORANGE AVE
MARENGO AVE LERDO HWY
RODRIGUEZ AVE
SHAFTER AVE
SHAFTER AVE MATCH LINE SEE SHEET 09
GOLDEN W AVE 60% SUBMITTAL ENGINEERING SERVICES DEPARTMENT Phone (661) 746-5002 Fax (661) 746-9125 SHEET
OF720 Commerce Way Shafter, CA 93263
11 CORE CITY BIKE LANE PROJECT SIGNING AND STRIPING SIGNING AND STRIPING CONSTRUCTION NOTES 08 Feet
1:40
0 80 160
40 SHAFTER AVE
LEGEND SEE SHEET 2
SEE SHEET 2
SEE SHEET 2
SEE SHEET 12 FOR OVERLAY
SEE SHEET 12 FOR OVERLAY
SEE SHEET 12 FOR OVERLAY
ENGINEER'S ESTIMATE QUANTITIES
CAPE SEAL GENERAL NOTE
CONSTRUCTION NOTES
© 2025 Maxar ©CNES (2025) Distribution Airbus DS n © 2025 Maxar ©CNES (2025) Distribution Airbus DS 3 8 8 8 8 8 1 14 14 1 33 35 1 Microsoft Corporation © 2025 Maxar ©CNES (2025) Distribution Airbus DS STOP STOP R R 1 8 8 1 1 6
12 14
15 5 1 1 MATCH LINE SEE BOTTOM LEFT
SHAFTER AVE MATCH LINE SEE TOP RIGHT
Feet
1:40 0 80 160
40 MUNZER ST
JAMES ST POSO AVE
CENTRAL VALLEY HWY
RICHLAND DR
POSO AVE MATCH LINE SEE SHEET 08
MUNZER ST
SUNSET AVE 60% SUBMITTAL ENGINEERING SERVICES DEPARTMENT Phone (661) 746-5002 Fax (661) 746-9125 SHEET
OF720 Commerce Way Shafter, CA 93263
11 CORE CITY BIKE LANE PROJECT SIGNING AND STRIPING
SHAFTER AVE
TULARE AVE
SIGNING AND STRIPING CONSTRUCTION NOTES
09SHAFTER AVE
LEGEND
SEE SHEET 12 FOR OVERLAY
SEE SHEET 12 FOR OVERLAY
SEE SHEET 6
ENGINEER'S ESTIMATE QUANTITIES
CAPE SEAL GENERAL NOTE
CONSTRUCTION NOTES
© 2025 Microsoft Corporation © 2025 Maxar ©CNES (2025) Distribution Airbus DS
STOP STOP
ONLY ONLY
1 3
4 4
10 13
17 10
10 13
10 1
1 1
17 17
17 3
10 12 ation © 2025 Maxar ©CNES (2025) Distribution Airbus DS ation © 2025 Maxar ©CNES (2025) Distribution Airbus DS 1 3
4 4
10 10
13 17
10 10
10 13
10 14
14 4
4 4
9 9
17 17
17 3 © 2025 Microsoft Corporation © 2025 Maxar ©CNES (2025) Distribution Airbus DS STOP STOP
1 3
1 4
13 3
17 10
14 17
17 MATCH LINE SEE CENTER LEFT MANNEL AVE MATCH LINE SEE TOP RIGHT MATCH LINE SEE BOTTOM LEFT MATCH LINE SEE CENTER RIGHT Feet
1:40
0 80 160
40 LERDO HWY
STATE AVE
JACKSON AVE
CALLOWAY ST
CENTRAL AVE
TULARE AVE
KERN ST
BLAKE AVE
WALKER ST
MINTER AVE
MANNEL AVE
STATE ST
MANNEL AVE 60% SUBMITTAL ENGINEERING SERVICES DEPARTMENT Phone (661) 746-5002 Fax (661) 746-9125 SHEET
OF720 Commerce Way Shafter, CA 93263
11 CORE CITY BIKE LANE PROJECT SIGNING AND STRIPING
SIGNING AND STRIPING CONSTRUCTION NOTES
10MANNEL AVE
LEGEND
CONSTRUCTION NOTES
SLURRY GENERAL NOTE
ENGINEER'S ESTIMATE QUANTITIES
SEE SHEET 6
TULARE AVE
SEE SHEET 11
© 2025 Microsoft Corporation © 2025 Maxar ©CNES (2025) Di STOP
4 4
4 3
3 3
1 3
2 1
6 6
6 17 17
17 STOP STOP ONLY ONLY
4 4 4
4 4
3 3
3 3
3 3 3
1 1
6 6
17 14
1 6
1 9 9 9
17 STOP STOP ONLY ONLY
4 3
3 3
1 6 6
4 3
1 6
1 1
1 9
9 9
17 12 MATCH LINE SEE CENTER LEFT WALKER ST MATCH LINE SEE TOP RIGHT MATCH LINE SEE BOTTOM LEFT MATCH LINE SEE CENTER RIGHT Feet
1:40
0 80 160
40 STATE AVE
CENTRAL AVE
CENTRAL AVE MANNEL AVE
SUNSET AVE
PACIFIC AVE
POSO AVE
CALIFORNIA AVE
JACKSON AVE
WALKER ST
WALKER ST 60% SUBMITTAL ENGINEERING SERVICES DEPARTMENT Phone (661) 746-5002 Fax (661) 746-9125 SHEET
OF720 Commerce Way Shafter, CA 93263
11 CORE CITY BIKE LANE PROJECT SIGNING AND STRIPING SIGNING AND STRIPING CONSTRUCTION NOTES 11WALKER ST
LEGEND
CONSTRUCTION NOTES
SLURRY GENERAL NOTE
ENGINEER'S ESTIMATE QUANTITIES
SEE SHEET 10
SEE SHEET 10
SEE SHEET 6
TULARE AVE
SEE SHEET 6
CONSENT CALENDAR
CITY OF SHAFTER
CITY COUNCIL REPORT
MEETING DATE: May 19, 2026
DEPARTMENT: Michael James, Assistant City Manager
SUBJECT: JANITORIAL SERVICES REQUEST FOR PROPOSALS RELEASE
AUTHORIZATION
RECOMMENDATION
Council find that the action is not defined as a “project” per Section 15378(b)(5) of the CEQA Guidelines; and authorize the release of a Request for Proposals for citywide janitorial services; authorize the City Manager or designee to make minor administrative, technical, or legal revisions to the RFP, subject to approval as to form by the City Attorney.
BACKGROUND
The City of Shafter currently receives janitorial services at various City-owned facilities; however, these services are not currently provided under a formal, competitively procured agreement. As a result, the City does not have a standardized contract framework to ensure consistent service levels, compliance with applicable labor requirements, and appropriate risk management provisions, including insurance and indemnification.
The City maintains multiple facilities requiring routine and as-needed janitorial services, including City Hall, public safety buildings, community facilities, and administrative offices, totaling approximately 67,200 square feet across eleven (11) locations. To address ongoing operational needs and establish a compliant and consistent service structure, City staff have prepared a Request for Proposals (RFP) to solicit qualified vendors for citywide janitorial services.
The RFP includes a draft maintenance services agreement that establishes an initial three-year term, with options to extend for up to two additional one-year periods, and defines the scope of services, performance standards, and contractual requirements, including compliance with applicable labor laws and insurance requirements.
Pursuant to the City’s Purchasing and Public Bidding Procedures, janitorial services are classified as general services, and contracts exceeding $25,000 require City Council approval. The City may utilize a competitive proposal-based procurement process that allows evaluation based on qualifications, experience, responsiveness, and overall best value to the City, rather than cost alone, and permits award in the best interest of the City.
JANITORIAL SERVICES REQUEST FOR PROPOSALS RELEASE AUTHORIZATION - 2 -
Staff is requesting City Council authorization to release the RFP for citywide janitorial services, with final administrative and legal review of the RFP subject to approval by the City Manager and City Attorney.
FISCAL IMPACT
Authorization to release the Request for Proposals (RFP) does not have a direct fiscal impact and does not require a budget appropriation. The RFP process is intended to solicit proposals and establish a competitively procured agreement for citywide janitorial services.
Future fiscal impacts will be dependent on the proposals received and the agreement ultimately presented to the City Council for award. Funding for janitorial services is currently included in various departmental operating budgets; however, the total cost of a new agreement may differ from current expenditures. Establishing a formal agreement that ensures compliance with City requirements, including labor, insurance, and performance standards, may result in higher costs than those currently incurred. As such, the proposed Fiscal Year 2026-27 budget may require amendment at the time of contract award to accommodate the selected proposal, if 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 to release a janitorial request for proposals 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
Yes
ATTACHMENTS
1. Request for Proposals - City Janitorial Services
CITY OF SHAFTER
REQUEST FOR PROPOSALS
CITY JANITORIAL SERVICES
Release Date: May 20, 2026
City of Shafter
336 Pacific Avenue
Shafter, CA 93263
RFP – City Janitorial Services Page 1
CONTENTS
INTRODUCTION ............................................................................................................................... 2 Overview ...................................................................................................................................... 2 Term of Agreement ..................................................................................................................... 2 General Scope of Services Requested ......................................................................................... 2 Disclaimer .................................................................................................................................... 2 RFP Schedule ............................................................................................................................... 4 DESCRIPTION OF PROPOSAL CONTENTS ......................................................................................... 5 Contents ...................................................................................................................................... 5 References ................................................................................................................................... 5 Proposed Rate Schedule .............................................................................................................. 5 Identification of Surety ................................................................................................................ 5 Proposal Documents .................................................................................................................... 6 PROJECT COORDINATOR/POINT OF CONTACT ................................................................................ 6 RFP DISCLAIMERS ............................................................................................................................ 7 Rights Reserved by City................................................................................................................ 7 Conditions of Submitting a Proposal ........................................................................................... 7 PUBLIC RECORDS ACT DISCLOSURE ................................................................................................. 9 proposal requirements & scoring .................................................................................................. 10 AGREEMENT .................................................................................................................................. 11
TABLES
Table 1-Janitorial Service Locations & Quantities ........................................................................... 3 Table 2-Planned RFP Schedule ........................................................................................................ 4 Table 3-Proposal Requirements & Scoring Criteria ....................................................................... 10
RFP – City Janitorial Services Page 2
CITY OF SHAFTER
REQUEST FOR PROPOSALS
CITY WIDE JANITORIAL SERVICES
INTRODUCTION
Overview
The City of Shafter (“City”) requests proposals from qualified companies to provide janitorial services (“Services”) within the Core City area of Shafter. All work will be performed through a Maintenance Agreement (“Agreement”).
Term of Agreement
The proposed initial term of the Agreement will commence September 1, 2026, and will expire June 30, 2029. The City, at its sole discretion, may extend the Agreement for up to two (2) additional one-year terms, for a maximum total contract term ending June 30, 2031. Should the company awarded the Agreement (hereinafter referred to as “Contractor”) successfully implement services compliant with applicable mandates and provisions and is not in violation of the terms, the City and Contractor may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.
General Scope of Services Requested
To date, City-owned facilities are maintained by a private contractor through a maintenance agreement that is expiring. Therefore, the scope of work covered in this RFP includes all of these facilities. In addition to the work required in the rate schedule, the City may request additional janitorial services as-needed on an on-call basis through authorized task orders on a time and material basis. The Contractor, as provider of janitorial services for the City, shall be required to provide these janitorial services. The City Manager or designee shall request janitorial services with 48-hour notice except for weekends, holidays, or other special events. The 48-hour notice requirement shall be void should the designee determine that the janitorial services are an emergency and required for public health and safety. In cases of an emergency, Contractor is to provide service within two (2) hours of notification by City, and Contractor’s capability to respond to emergencies in a timely manner shall be considered in scoring proposals.
Disclaimer
The information in this section and the accompanying documents are provided as background.
The City neither warrants nor accepts responsibility for the accuracy of the information contained herein. It is the responsibility of the Proposer to conduct its investigation and research and to independently verify all material facts and information necessary for it to submit a response to this RFP at its sole cost.
RFP – City Janitorial Services Page 3
Table 1-Janitorial Service Locations & Quantities
Location Address Service Frequency Appr. Square
Footage Restrooms Offices Common Areas
City Hall 336 Pacific Avenue Nightly Monday-Friday 12,000 5 30 5 City Hall Annex 337 State Avenue Nightly Monday-Friday 2700 2 5 2 Veterans Hall 309 California
Avenue
As-Needed (After Facility
Rentals) 10,000 4 1 3
Learning Center 236 James Street Nightly Monday-Sunday 5,700 2 2 6 Shafter Police Department 201 Central Valley
Highway Nightly Monday-Sunday 13,000 6 29 2
Shafter Police Department SubStation 8946 Forest Village Drive Nightly Monday-Sunday 400 1 2 1
Animal Control 18849 Shafter
Avenue Nightly Monday-Friday 1,500 1 4 2
Information Technology Office 1150 East Ash
Avenue Nightly Monday-Friday 3,500 2 10 1
Shafter Aquatic Center 269 Poso Avenue Nightly Monday-Friday 3,500 3 2 2 Public Works/ Engineering/ Transit/
Fleets/ Facilities 720 Commerce Way Nightly Monday-Friday 11,000 12 23 4 City Transit Hub 1351 East Ash
Avenue Weekly 3,900 3 5 1
Totals 67,200 41 113 29
RFP – City Janitorial Services Page 4
RFP Schedule
The critical dates for conducting this RFP, evaluating proposals, and authorizing the work are provided in Table 2. Dates are subject to change at the discretion of the City.
Table 2-Planned RFP Schedule
Date Activity
May 20, 2026 Release of RFP. An electronic copy will be available for download from the City of Shafter Bidnet Direct Portal. http://www.bidnetdirect.com/cityofshafter
June 11, 2026 @ 10:00 A.M. Non-Mandatory Pre-Proposal Meeting.
City Hall
Council Chambers
336 Pacific Ave
Shafter, CA 93263
June 19, 2026 @ 5:00 p.m. Deadline to submit written questions regarding RFP.
Proposers may submit questions by email to
[email protected] prior to 5:00 PM on this date.
June 22, 2026 The City will respond to written questions from Proposers via email or the Bidnet Direct Portal. Responses to all questions received will be provided to those registered as Plan Holders in the Bidnet Direct Portal.
July 2, 2026, 5:00 p.m. Deadline to submit proposals.
July 14, 2026 The City Council considers awarding the Agreement to the highest-ranked proposal. Following the Council’s decision, staff and the selected bidder will negotiate to remove all exceptions noted by the selected bidder; if negotiations fail, then staff can negotiate with the second Proposer.
September 1, 2026 Services commence.
RFP – City Janitorial Services Page 5
DESCRIPTION OF PROPOSAL CONTENTS
Contents
Proposals must fully comply with the requirements detailed in this document. Required supporting documentation must be included as exhibits and must be identified appropriately.
Incomplete proposals, proposals containing errors or inconsistencies, failure to submit the proper quantity of copies, or other process or content errors or deficiencies may be cause for rejection. Those wishing to submit a proposal (“Proposal”) to this RFP (“Proposer”) must submit the information, along with all necessary supporting documentation, described in this section.
References
For reference purposes, Proposers are encouraged to provide the names of preferably three public or private sector clients, including names, titles, telephone numbers of contact persons, and a description of work performed.
Proposed Rate Schedule
The City requests a monthly base service rate for providing daily and other routine janitorial services of the “JANITORIAL SERVICE ADDRESSES” listed in Table 1. Additionally, the City requests labor and material rates for out-of-scope and on-call work that the City can use to issue special task orders.
Because the Final Agreement initial term is anticipated to be three (3) years, a proposal can include requested rate increases to address inflationary factors, starting in calendar 2027, pursuant to Section 3.3.5 of the Agreement, which limits inflationary adjustments to CPI with a maximum cap of 4% annually. The janitorial work included the proposed service rates, which must comply with the specifications provided in the Draft Agreement.
California Labor Code Requirements
As the work is janitorial in nature, the services are subject to the California Displaced Janitors Opportunity Act (Labor Code sections 1060 through 1065), and the Contractor shall comply with all applicable requirements of the Act. The services are also subject to Labor Code sections 1420 through 1434, which require the Contractor and any subcontractors performing janitorial services to register with the Division of Labor Standards and provide required sexual harassment training as specified in Labor Code sections 1423 and 1429.5.
Identification of Surety
The Proposer shall identify each surety company who is committed to bond the Proposer's offer.
RFP – City Janitorial Services Page 6
Proposal Documents
Proposal documents shall be enclosed in a sealed envelope within another sealed envelope.
The outer envelope shall be addressed to:
City of Shafter
ATTN: Kenneth Greene, Facilities Supervisor
336 Pacific Ave.
Shafter, CA 93263
The inner envelope shall be clearly labeled:
“PROPOSAL FOR RFP -CITY JANITORIAL SERVICES”
TO: CITY OF SHAFTER
ATTN: MICHAEL JAMES, ASSISTANT CITY MANAGER
NAME OF PROPOSER:
ADDRESS:
CONTACT PERSON:
TELEPHONE NUMBER:
FAX NUMBER:
EMAIL:
PROJECT COORDINATOR/POINT OF CONTACT
Proposers shall direct all questions regarding this RFP to Kenneth Greene in writing to:
Kenneth Greene
336 Pacific Ave.
Shafter, CA 93263
Ph. (661) 746-5097
Email: [email protected]
RFP – City Janitorial Services Page 7
RFP DISCLAIMERS
Rights Reserved by City
The City reserves the right, in its sole discretion, to pursue, including but not limited to, the following actions regarding this RFP:
Issue addenda to the RFP
Request additional information and/or clarification from the Proposers at any point in the RFP process
Permit the timely correction of errors, and waive minor deviations Reject or accept any or all proposals or parts of any or all proposals Modify the RFP or issue subsequent requests for proposals based on refinements of concepts proposed in response to this RFP
Negotiate any and all terms of the Agreement, including length, the scope of services, and compensation
Withdraw this RFP
Extend the time for submittal of proposals
Select the Proposer that, in the judgment of the City Council and any evaluation process notwithstanding, is most likely to succeed in providing the services desired by the City Take whatever other action the City deems to be in its best interest.
This RFP does not obligate the City to accept any proposal, negotiate with any Proposer, award a contract, or proceed with the services described in response to this RFP. The City may, for any reason, decide not to award an Agreement as a result of this RFP.
Conditions of Submitting a Proposal
Effect of Submission
Submission of a proposal shall constitute acknowledgment and acceptance of all the terms and conditions contained in this RFP unless an exception to particular terms and conditions are expressed in writing in the Proposal. Upon selection of its Proposal, in whole or in part, the Proposer is bound to execute an agreement and furnish a performance bond. The terms of the proposals must be firm for a period of one hundred eighty (180) days.
Modification
Once submitted, proposals cannot be altered without the express written consent of the City.
The City reserves the right to reject any proposal, to waive any irregularities, and may elect to
RFP – City Janitorial Services Page 8
award without further discussion or negotiation. . The City is not liable for any costs or expenses incurred in the preparation of the Proposal or responses to the RFP and may withdraw or modify this request at any time.
Withdrawal
A Proposer may withdraw its proposal without prejudice before the time specified for opening by submitting a written request to the City Deputy Public Works Director for its withdrawal, in which event the proposal will be returned to the Proposer unopened. No Proposal received after the time specified or at any place other than that stated in this RFP will be considered.
Retention and Use of Proposals
The City reserves the right to retain all proposals and submitted Proposals become a public document and are subject to any applicable Public Records Act requests, regardless of whether that Proposal is selected. The City also reserves the right to waive irregularities in any Proposal, to reject any or all proposals, to reject or delete one part of a Proposal and to accept others, except to the extent that proposals are qualified by specific limitations, and to make an award as the interest of the City may require.
Agreement
The City reserves the right to negotiate any and all terms of the agreement, including length, the scope of services, and compensation.
Awarding Authority
An agreement with the successful Proposer shall not be binding unless and until it is approved by the City Council and executed by an authorized City official.
Competency and Responsibility
The City reserves full discretion to determine the competence and responsibility, professionally and/or financially, of Proposers. Proposers will provide, in a timely manner, any and all information that the City deems necessary to make such a decision.
No Award
The City may, for any reason, decide not to award an agreement as a result of this RFP.
Failure to Execute Contract
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If the Proposer to whom the award is made (“Selected Proposer”) fails to enter into the contract, the award will be annulled and an award may be made to the next Proposer who will fulfill every stipulation as if it were the party to whom the first award was made.
Compensation for Proposal
Proposers shall not receive nor be entitled to any compensation for time, costs, and other expenses incurred in reviewing and responding to this RFP, preparing a Proposal, or negotiating a contract with the City.
PUBLIC RECORDS ACT DISCLOSURE
Each Proposer should be aware that although the California Public Records Act recognizes that certain confidential trade secret information may be protected from disclosure, the City of Shafter may not be in a position to establish that the proposal which the candidate submits is a trade secret. If a request is made for any information marked "confidential" by a Proposer, the City will provide the candidate who submitted such information with reasonable notice to allow the candidate to seek protection from disclosure by a court of competent jurisdiction.
Any reports, information, data, or other material given to, prepared by or assembled by the Proposer as part of the work or services under these specifications shall be the property of the City and shall not be made available to any individual or organization by the Proposer without the prior written approval of the City.
All Proposers shall warrant and covenant that a submitted proposal is not made in the interest of, or on behalf of, any disclosed person, partnership, company, association, organization or corporation; that the Proposal is genuine and non-collusive or sham; that the Proposer has not directly or indirectly colluded, conspired, connived, or agreed with any Proposer or anyone else to put in a sham proposal, or refrain from submitting a Proposal under this RFP or otherwise; that the Proposer has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price of the Proposer or any other Proposer, or to fix any overhead, profit, or cost element of the proposal price, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the Proposal are true; and further, that the Proposer has not, directly or indirectly, submitted his or her proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, proposal depository, or to any member or agent thereof to effectuate a collusive or sham proposal. An affidavit of non-collusion as required by this section shall accompany every Proposal submitted in response to this RFP.
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PROPOSAL REQUIREMENTS & SCORING
Written proposals shall include adequate details covering the categories listed in Table 3. The scoring of each category is also included in Table 3
Table 3-Proposal Requirements & Scoring Criteria
Category Description Points
Experience
The City is seeking a contractor with
demonstrated experience successfully
providing janitorial services of similar scope,
size, and complexity, preferably for public
agency facilities, including the ability to
perform routine and emergency services in a
timely and reliable manner.
25 Staffing & Supervision
The City is seeking a clear and realistic staffing
and supervision plan that demonstrates
adequate personnel, effective oversight, and
the ability to consistently meet scheduled
service requirements across all facilities.
10 Proposed Monthly
Cost
The City is seeking a cost proposal that is
competitive, complete, and sustainable, and
that reasonably reflects the level of staffing,
supervision, and services necessary to meet
the requirements of this RFP. Cost proposals
will be scored proportionally, with the lowest
responsive cost proposal receiving the
maximum points and higher cost proposals
receiving proportionally fewer points.
25 Ability to Respond to
Unscheduled or
Emergency Work
The City is seeking a contractor that
demonstrates the ability to respond promptly
and effectively to unscheduled or emergency
service requests, including availability of
personnel, proximity or deployment strategy,
response time commitments, and prior
experience handling similar urgent service
needs.
40 Total 100
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AGREEMENT
The Agreement is provided within the remaining pages of this RFP.
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CITY OF SHAFTER
MAINTENANCE SERVICES AGREEMENT
1. PARTIES AND DATE.
This Agreement is made and entered into this ______day of ________________, 2026 by and between the City of Shafter, a municipal corporation organized under the laws of the State of California with its principal place of business at 336 Pacific Avenue, Shafter, CA 93263 (“City”) and _________________________, a ______________________with its principal place of business at ________________________(“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.
2. RECITALS.
2.1 Contractor.
Contractor desires to perform and assume responsibility for the provision of certain maintenance services required by the City on the terms and conditions set forth in this Agreement. Contractor represents that it is experienced in providing janitorial operations and maintenance services to clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the Services in the State of California, and that is familiar with the plans of City. Contractor shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City.
Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
2.2 Project.
City desires to engage Contractor to render such services for the CITY-WIDE JANITORIAL SERVICES project (“Project”) as set forth in this Agreement.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional CITY-WIDE JANITORIAL SERVICES necessary for the Project (“Services”). The Services are more particularly described in Exhibit “A” attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.
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City may order changes in the services within the general scope of this Agreement, consisting of additions, deletions, or other revisions, and the contract scope and the contract time will be adjusted accordingly. City may order additional work through authorized task orders on a time and material basis as set forth in Exhibit “C,” attached hereto and incorporated by reference. All such changes must be authorized in writing, and executed by Contractor and City. The cost or credit to City resulting from changes in services will be determined in accordance with the written agreement between the parties.
3.1.2 Term. The initial term of this Agreement shall be from July 1, 2026, to June 30, 2029. The City may, at its sole discretion, extend this Agreement for up to two (2) additional one-year periods under the same terms and conditions, for a maximum term ending June 30, 2031. Contractor shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.
3.2 Responsibilities of Contractor.
3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee.
Contractor retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor’s exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.
3.2.2 Schedule of Services. Contractor shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit “A” attached hereto and incorporated herein by reference. Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Contractor’s conformance with the Schedule, City shall respond to Contractor’s submittals in a timely manner. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.
3.2.3 Conformance to Applicable Requirements. All work prepared by Contractor shall be subject to the approval of City.
3.2.4 City’s Representative. The City hereby designates its City Manager, or his or her designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all
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purposes under this Agreement. Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.
3.2.5 Contractor’s Representative. Contractor hereby designates its Chief Executive Officer, or his or her designee, to act as its representative for the performance of this Agreement (“Contractor’s Representative”). Contractor’s Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. The Contractor’s Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
3.2.6 Coordination of Services. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City’s staff, consultants and other staff at all reasonable times.
3.2.7 Standard of Care; Performance of Employees. Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including any required business license, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor’s failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub-contractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re-employed to perform any of the Services or to work on the Project.
3.2.8 Period of Performance. Contractor shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”).
Contractor shall perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” attached hereto, or which may be provided separately in writing to the Contractor. Contractor agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such completion schedule or Project milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage.
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3.2.9 Disputes. Should any dispute arise respecting the true value of any work done, of any work omitted, or of any extra work which Contractor may be required to do, or respecting the size of any payment to Contractor during the performance of this Agreement, Contractor shall continue to perform the Work while said dispute is decided by the City. If Contractor disputes the City’s decision, Contractor shall have such remedies as may be provided by law.
3.2.10 Laws and Regulations; Employee/Labor Certifications. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Services. If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. City is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Agreement to the same extent as though set forth herein and will be complied with. These include but are not limited to the payment of prevailing wages, the stipulation that eight (8) hours' labor shall constitute a legal day's work and that no worker shall be permitted to work in excess of eight (8) hours during any one calendar day except as permitted by law. Contractor shall defend, indemnify and hold City, its officials, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.
3.2.10.1 Employment Eligibility; Contractor. By executing this Agreement, Contractor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time. Such requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identity and immigration status of each employee of the Contractor. Contractor also verifies that it has not committed a violation of any such law within the three (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement. Contractor shall avoid any violation of any such law during the term of this Agreement by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, or by some other legally acceptable method. Contractor shall maintain records of each such verification, and shall make them available to the City or its representatives for inspection and copy at any time during normal business hours. The City shall not be responsible for any costs or expenses related to Contractor’s compliance with the requirements provided for in Section 3.2.10 or any of its sub-sections.
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3.2.10.2 Employment Eligibility; Subcontractors, Sub-subcontractors and Consultants. To the same extent and under the same conditions as Contractor, Contractor shall require all of its subcontractors, sub-subcontractors and consultants performing any work relating to the Project or this Agreement to make the same verifications and comply with all requirements and restrictions provided for in Section 3.2.10.1.
3.2.10.3 Employment Eligibility; Failure to Comply. Each person executing this Agreement on behalf of Contractor verifies that they are a duly authorized officer of Contractor, and understands that any of the following shall be grounds for the City to terminate the Agreement for cause: (1) failure of Contractor or its subcontractors, subsubcontractors or consultants to meet any of the requirements provided for in Sections 3.2.10.1 or 3.2.10.2; (2) any misrepresentation or material omission concerning compliance with such requirements (including in those verifications provided to the Contractor under Section
3.2.10.2); or (3) failure to immediately remove from the Project any person found not to be in compliance with such requirements.
3.2.10.4 Labor Certification. By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.
3.2.10.5 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
3.2.10.6 Air Quality. Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing Services, including, but not limited to, emissions limits and permitting requirements imposed by the California Air Resources Board (CARB). Contractor shall specifically be aware of the CARB limits and requirements’ application to "portable equipment", which definition is considered by CARB to include any item of equipment with a fuel-powered engine. Contractor shall indemnify City against any fines or penalties imposed by CARB or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Agreement.
3.2.10.7 Water Quality.
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(A) Management and Compliance. To the extent applicable, Contractor’s Services must account for, and fully comply with, all local, state and federal laws, rules and regulations that may impact water quality compliance, including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); laws, rules and regulations of the Environmental Protection Agency and the State Water Resources Control Board; the City’s ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or surface water in the state.
(B) Liability for Non-Compliance. Failure to comply with the laws, regulations and policies described in this Section is a violation of law that may subject Contractor or City to penalties, fines, or additional regulatory requirements. Contractor shall defend, indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from and against any and all fines, penalties, claims or other regulatory requirements imposed as a result of Contractor’s non-compliance with the laws, regulations and policies described in this Section, unless such non-compliance is the result of the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers. (C) Training. In addition to any other standard of care requirements set forth in this Agreement, Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them without impacting water quality in violation of the laws, regulations and policies described in this Section. Contractor further warrants that it, its employees and subcontractors will receive adequate training, as determined by City, regarding the requirements of the laws, regulations and policies described in this Section as they may relate to the Services provided under this Agreement. Upon request, City will provide Contractor with a list of training programs that meet the requirements of this paragraph.
3.2.11 Insurance.
3.2.11.1 Time for Compliance. Contractor shall not commence Work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this Section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this Section.
3.2.11.2 Minimum Requirements. Contractor shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Contractor, its agents, representatives, employees or subcontractors.
Contractor shall also require all of its subcontractors to procure and maintain the same
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insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage:
(A) Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability:
Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. The policy shall not contain any exclusion contrary to the Agreement, including but not limited to endorsements or provisions limiting coverage for (1) contractual liability (including but not limited to ISO CG 24 26 or 21 29); or (2) cross liability for claims or suits by one insured against another. (B) Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: $1,000,000 minimum per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used including, but not limited to, form CG 2503, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000 minimum 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. Employer’s Liability limits of $1,000,000 minimum per accident for bodily injury or disease. Defense costs shall be paid in addition to the limits. (C) Notices; Cancellation or Reduction of Coverage. At least fifteen (15) days prior to the expiration of any such policy, evidence showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or materially reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, the City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by the City will be promptly reimbursed by Contractor or the City may withhold amounts sufficient to pay premium from Contractor payments. In the alternative, the City may suspend or terminate this Agreement.
(D) Additional Insured. The City of Shafter, its officials, officers, employees, agents, and volunteers shall be named as additional insureds on Contractor’s and its subcontractors’ policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents.
3.2.11.3 Insurance Endorsements. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms supplied or approved by the City to add the following provisions to the insurance policies:
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(A) General Liability. The general liability policy shall include or be endorsed (amended) to state that: (1) using ISO CG forms 20 10 and 20 37, or endorsements providing the exact same coverage, the City of Shafter, its officials, officers, employees, agents, and volunteers shall be covered as additional insured with respect to the Services or ongoing and complete operations performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with such work; and (2) using ISO form 20 01, or endorsements providing the exact same coverage, the insurance coverage shall be primary insurance as respects the City, its officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor’s scheduled underlying coverage. Any excess insurance shall contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of the City, before the City’s own primary insurance or self-insurance shall be called upon to protect it as a named insured. Any insurance or self-insurance maintained by the City, its officials, officers, employees, agents, and volunteers shall be excess of the Contractor’s insurance and shall not be called upon to contribute with it in any way. Notwithstanding the minimum limits set forth in Section
3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.2.11.3(A).
(B) Automobile Liability. The automobile liability policy shall include or be endorsed (amended) to state that: (1) the City, its officials, officers, employees, agents, and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Contractor or for which the Contractor is responsible; and (2) the insurance coverage shall be primary insurance as respects the City, its officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its officials, officers, employees, agents, and volunteers shall be excess of the Contractor’s insurance and shall not be called upon to contribute with it in any way. Notwithstanding the minimum limits set forth in Section 3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.2.11.3(B). (C) Workers’ Compensation and Employer’s Liability Coverage.
The insurer shall agree to waive all rights of subrogation against the City, its officials, officers, employees, agents, and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Contractor.
(D) All Coverages. Each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days (10 days for nonpayment of premium) prior written notice by certified mail, return receipt requested, has been given to the City; and (B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its officials, officers, employees, agents, and
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volunteers. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officials, officers, employees, agents and volunteers, or any other additional insureds.
3.2.11.4 Separation of Insureds; No Special Limitations; Waiver of Subrogation. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its officials, officers, employees, agents, and volunteers. All policies shall waive any right of subrogation of the insurer against the City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, and shall require similar written express waivers and insurance clauses from each of its subcontractors.
3.2.11.5 Deductibles and Self-Insurance Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. Contractor shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officials, officers, employees, agents, and volunteers; or (2) the Contractor shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses.
3.2.11.6 Subcontractor Insurance Requirements. Contractor shall not allow any subcontractors to commence work on any subcontract relating to the work under the Agreement until they have provided evidence satisfactory to the City that they have secured all insurance required under this Section. If requested by Contractor, the City may approve different scopes or minimum limits of insurance for particular subcontractors. The Contractor and the City shall be named as additional insureds on all subcontractors’ policies of Commercial General Liability using ISO form 20 38, or coverage at least as broad.
3.2.11.7 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating no less than A:VIII, licensed to do business in California, and satisfactory to the City.
3.2.11.8 Verification of Coverage. Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf and shall be on forms provided by the City if requested. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.
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3.2.11.9 Reporting of Claims. Contractor shall report to the City, in addition to Contractor’s insurer, any and all insurance claims submitted by Contractor in connection with the Services under this Agreement.
3.2.12 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.
3.2.13 Payment Bond. If required by law or otherwise specifically requested by City in Exhibit “B” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Payment Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.
3.2.14 Accounting Records. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (5) years from the date of final payment under this Agreement.
3.3 Fees and Payments.
3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit ”A” attached hereto and incorporated herein by reference. The total compensation shall not exceed per month without written approval from the City Manager or designee. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.
3.3.2 Payment of Compensation. Contractor shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Contractor. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate,
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through the date of the statement. City shall, within 30 days of receiving such statement, review the statement and pay all approved charges thereon.
3.3.3 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City.
3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Contractor perform Extra Work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement.
Contractor shall not perform, nor be compensated for, Extra Work without written authorization from City’s Representative. Compensation for extra work shall be provided on a time and materials basis, as stated in Exhibit “B,” Additional Work and Sample Task Order, whereby the Contractor is compensated for a specific written task order based upon the agreed rates as stated in Exhibit “C,” Rate Sheets, and other approved direct costs, subject to City’s approval, with a total not to exceed the amount as stated in the written task order. Rate Sheets shall be in effect for the duration of the Agreement.
3.3.5 Rate Increase. The rates set forth in Exhibits “A” and “C” of this Agreement may be adjusted once each year following the first year of the term of this Agreement. Such adjustment shall be in accordance with and shall not exceed the Consumer Price Index for all Urban Consumers for the Los Angeles Orange County-Riverside Area, but not by more than 4%.
3.3.6 California Labor Code Requirements
a. Contractor is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq. (as well as California Code of Regulations, Title 8, section 16000, et seq.) (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, , Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Contractor and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.
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b. If the Services are being performed as part of an applicable “public works” or “maintenance” project, a, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all subcontractors performing such Services must be registered with the Labor Commissioner’s Office (DLSE) & or the Department of Industrial Relations (DIR).
Contractor shall maintain registration for the duration of the Project and require the same of any subcontractors, as applicable. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations (DIR). It shall be Contractor’s sole responsibility to comply with all applicable registration and labor compliance requirements.
Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.
c. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations (DIR). It shall be Contractor’s sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the DIR against Contractor or any subcontractor that affect Contractor’s performance of Services, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay and shall not be compensable by the City. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the DIR against Contractor or any subcontractor. d. If the services are being performed as part of an applicable “janitorial” project, then pursuant to Labor Code Sections 1420 through 1434, the Contractor and all subcontractors performing such services must be registered with the Division of Labor Standards and provide required sexual harassment training as specified in Labor Code sections 1423 and 1429.5.
e. If the services being performed are part of an applicable “janitorial” project, then pursuant to the California Displaced Janitors Opportunity Act (Labor Code sections 1060 through 1065), the Contractor shall comply with all applicable requirements of the Act. The Act provides that the Contractor shall retain all eligible janitorial employees employed by the prior contractor for a transitional period of at least sixty (60) days under the same wages, hours and working conditions previously provided, unless otherwise required by law or a collective bargaining agreement. Written notice is to be provided to eligible displaced janitorial employees of their right to transitional employment, the length of the transitional period, and the terms and conditions of employment. At the end of the transitional period, Contractor is to perform a written performance evaluation of each retained employee, and those employees which receive a satisfactory evaluation shall be offered continued employment by the Contractor. Additional recordkeeping and compliance measures apply to the Contractor, and by submitting a proposal the Contractor certifies to their knowledge and acceptance of the requirements of the Act.
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3.4 Termination of Agreement.
3.4.1 Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those Services which have been adequately rendered to City, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Agreement except for cause.
3.4.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished Documents and Data and other information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be required to provide such document and other information within fifteen (15) days of the request.
3.4.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.
3.5 General Provisions.
3.5.1 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:
Contractor:
City:
City of Shafter
720 Commerce Way
Shafter, CA 93263
Attn: Public Works Director
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
3.5.2 Indemnification. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss,
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damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions of Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the negligent acts or omissions or willful misconduct in the performance of the Contractor’s Services, the Project or this Agreement, including without limitation the payment of expert witness fees and reasonable attorneys’ fees and other related costs and expenses.
Notwithstanding the foregoing, to the extent Contractor's Services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor.
3.5.3 Governing Law; Government Code Claim Compliance. This Agreement shall be governed by the laws of the State of California. Venue shall be in Kern County, California. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Contractor must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the City.
3.5.4 Time of Essence. Time is of the essence for each and every provision of this Agreement.
3.5.5 City’s Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project.
3.5.6 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.
3.5.7 Assignment or Transfer. Contractor shall not assign, hypothecate or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.
3.5.8 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement. All references to
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City include its officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content or intent of this Agreement.
3.5.9 Amendment; Modification. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.5.10 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel or otherwise.
3.5.11 No Third Party Beneficiaries. Except to the extent expressly provided for in Section 3.5.7, there are no intended third party beneficiaries of any right or obligation assumed by the Parties.
3.5.12 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.5.13 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement.
Contractor further agrees to file, or shall cause its employees or subcontractors to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.5.14 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.
3.5.15 Attorneys’ Fees and Costs. If any action in law or equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing Party shall be entitled to recover from the losing party attorney’s fees and costs in an amount determined to be reasonable by a court of competent jurisdiction.
3.5.16 Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each
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Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.
3.5.17 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
3.5.18 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both Parties.
[SIGNATURES ON NEXT PAGE]
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SIGNATURE PAGE FOR MAINTENANCE SERVICES AGREEMENT
BETWEEN THE CITY OF SHAFTER
AND ___________________________
IN WITNESS WHEREOF, the Parties have entered into this Agreement as of this day of ________________, 2026.
CITY OF SHAFTER _________________________________
By: By:
Lance Lippincott
City Manager Its:
Printed Name:
ATTEST:
By:
City Clerk
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EXHIBIT A
SCOPE OF SERVICES
GENERAL PROVISIONS
Contractor shall furnish all supplies, equipment, and labor for accomplishment of the work in a professional and workmanlike manner. The level of services as outlined herein shall be consistently maintained. During the Contract period, the Contract Administrator will conduct monthly inspections of the facilities under this Contract. The inspections are based on standards for commercial facilities within the maintenance industry.
1. Contractor shall provide janitorial services for the City of Shafter (City) facilities listed in this document on page 3, Table1. Cleaning shall be provided to all of these areas, unless otherwise stated.
2. Contractor shall perform a baseline cleaning of the facilities listed herein. Contractor will leave each facility visually clean, having wiped, spot removed, dusted, mopped, vacuumed, emptied, or otherwise cleaned each area per Scope of Work and industry standards. These standards are an outline of general expectations of cleanliness but are not meant to replace or supersede the latest industry standards or materials and equipment manufacturers’ recommendations.
3. All supplies and equipment for the execution of this work shall be furnished by the Contractor. Contractor’s equipment shall be of the size and type suitable for accomplishing the various phases of work described herein, and shall operate from existing sources of electrical power. Equipment considered to be improper or inadequate for the purpose shall be removed from the job and replaced with equipment satisfactory to the City.
4. Supplies used for this work shall be of industrial grade, premium quality and most suitable type or grade for the work to be accomplished. Contractor may be required to provide a material list of all supplies for the City’s review and approval. City reserves the right at any time to request a change in materials, should there be a health, safety, and/or quality issue(s) involved, without increase in cost.
5. Contractor shall adhere to all scheduling as defined in this document unless a schedule change has been approved by the City in writing.
6. Contractor and its subcontractors shall maintain a current City of Shafter business license at all times.
7. Contractor shall perform all work in compliance with the City of Shafter Municipal Code regarding storm water runoff system discharge regulations and requirements, and Central Valley Regional Water Quality Control Board (CVRWQCB).
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Compliance includes the implementation of practical methods, known as Best Management Practices (BMPs), which shall be used to protect the environment and to comply with regulatory requirements.
8. Do not allow contaminated water or cleaning solution to enter the storm water system. Power washing and other wash water runoff shall be recovered and disposed of properly. Violations of any of these requirements may lead to a civil penalty of up to $5,000 per day, per violation.
9. The City reserves the right to increase or decrease the services. Services and fees for new facilities shall be added at the average rate per square foot for a comparable facility at the time of the addition. Such changes will be according to the terms and conditions of the Request for Proposal and will be done through an amendment to the master agreement for regular service.
1. AS NEEDED LABOR SERVICE
1.1. Contractor shall provide additional janitorial services, as-needed, and as defined by task order(s) or proposal(s) for events and/or special considerations for the City. City’s Representative will communicate staffing needs and timing no less than 48 hours in advance except for weekends, holidays, emergencies, or other special events.
1.2. As-needed labor shall comply with all standards stated within this document.
1.3. As-needed labor may receive direction from Public Works and/or Community Services City Staff.
1.4. Services for events may include, but not limited to, additional cleaning and trash removal.
2. COMPANY EMPLOYEES AND VEHICLES
2.1. Contractor’s employees shall be skilled, professional employees trained in janitorial services. Janitorial staff shall wear clean, neat uniforms and identification while working on City premises.
2.2. Contractor’s vehicles will have the Contractor’s name or logo permanently affixed to the front doors of both passenger and driver’s side. Vehicles will be clean, orderly and in good working order.
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2.3. Contractor and his employees will be courteous and show respect to the public, City employees and other Contractor employees at all times. Use a friendly voice tone and offer assistance when necessary.
2.4. Each of the Contractor’s Employee’s shall be equipped with the necessary equipment to carry out the proper performance of the cleaning as specified. This equipment shall be available and in possession of the Contractor’s Employee’s at all times while carrying out their duties.
2.5. Contractor and its employees must successfully complete a criminal record check after providing the Shafter Police Department a completed request for Live Scan service, a completed Janitorial Application, and a copy of the applicant’s driver license or Government issued identification.
2.6. The applicant will need to contact the Shafter Police Department at (661) 746- 8500 to schedule an appointment to be Live Scanned and have their photo taken for the City issued contractor identification card.
2.7. Once the applicant has been live scanned (fingerprinted), the Shafter Police Department must wait for a response from the Department of Justice.
2.8. No applicants will be approved and no access to any City facility will be granted to the contractor until all information has been received from the Department of Justice and applicant has been cleared by the City and a City of Shafter contractor identification card issued.
2.9. Contractor will pay the fee for Live Scan for each employee working within City facilities.
2.10. Contractor’s employees will be placed on subsequent notification. This requirement allows the department to receive notification of any arrest subsequent to the Live Scan check.
2.11. Contractor and its employees must successfully pass a drug screening before conducting work under this contract.
2.12. Contractor is responsible for their employees’ actions on City facilities.
2.13. Contractor will ensure that his employees do not have pets or other “unapproved” personnel including children in City facilities, or in the Contractor’s vehicles outside the facilities.
2.14. Contractor will ensure that his employees do not store personal property of any kind in or on City facilities.
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2.15. Contractor will not issue, loan or otherwise allow the procurement of keys, access information, or codes to anyone, including employees, without first receiving authorization from the City Representative and without first successfully completing the background check and Live Scan and submitting said documentation to the City Representative.
2.16. Contracted employees will refrain from making or receiving personal calls during working hours. Non-emergency calls should be made during breaks or lunch. At no time, other than emergency should the telephone be used by this Contractor.
3. BUILDING SECURITY
3.1. Secure and lock all doors before leaving unoccupied buildings and Public Restrooms.
3.2. Turn off all lights not left on for security reasons as instructed.
3.3. Activate intrusion alarm security systems after completing work and before leaving buildings.
3.4. Deactivate security systems before entering buildings at the beginning of work as instructed and where applicable.
3.5. Report in writing to the City Representative security system false alarms activated by Contractor’s employees or otherwise occurring during janitorial service when no City employee is present.
3.6. Provide to the City Representative a list of the keys and codes issued to Contractor’s employees. This list will include employee names, addresses and telephone numbers that these codes and keys are issued to. Contractor will notify the City Representative of any and all keys or other pass code information lost by Contractor’s employees.
3.7. Contractor shall not duplicate keys without first receiving written permission from the City Representative.
3.8. Contractor is responsible for retrieving all City security information from those employees no longer employed by the Contractor, for whatever reason.
3.9. Contractor will notify the City Representative of any Contractor employee whose employment has been terminated that has or does have City security information or appurtenances.
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3.10. Contractor is responsible for the cost of any re-keying, entry code, or security code changes needed due to non-retrieval of this security information, keys or appurtenances from its past employees.
3.11. Report to the City Representative in writing any walls, rooms, carpeting, equipment and furniture damaged by vandalism, graffiti, stains, water leaks, etc.
4. CITY HOLIDAY SCHEDULE
4.1. The City of Shafter Public offices will be closed in observation of the following holidays. Cleaning service shall continue as per schedule on next non-holiday workday. When any holiday creates any time period longer than a weekend a deep cleaning must take place the prior work day to the extended time period. New Year’s Day
President’s Day
Memorial Day
Independence Day
Labor Day
Thanksgiving Day
Day after Thanksgiving
Christmas Eve
Christmas Day
New Year’s Eve
5. TASKS
5.1. The Contractor will furnish supplies to fill all dispensers in the restrooms and other facilities as needed. This includes, but is not limited to: toilet paper, paper towels, sanitary toilet seat covers, anti-bacterial soap, sanitary napkins, plastic liners etc.
5.2. The Contractor will supply all equipment in good working order including, but not limited to: janitorial vehicles, cleaning supplies, vacuum cleaners, floor scrubbers, chemicals and all other cleaning appurtenances.
5.3. Contractor will separate all recyclable material from other refuse and deposit in appropriate receptacle at each facility serviced.
5.4. The following is a guideline for cleaning these areas as defined in this document.
The intent of this document and the City of Shafter is to find these areas maintained clean, sanitized, and fresh smelling.
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5.5. All furniture including benches, seats, tables, and trash receptacles are to be serviced by this Contractor. At no time should this be damaged by this Contractors forces. If damaged, the replacement and cost will be borne by this Contractor.
5.6. Concrete benches will require some cleaning considerations (only where applicable indoors).
5.7. Restroom, Daily Cleaning:
Clean, wash, and disinfect all sinks, urinals and commode fixtures. To include tops, under-side and sides of all fixtures.
Remove all webs, dust, litter, debris and markings, wipe clean, wash, and disinfect all dispensers, grab bar, mirrors, frames, walls, ceiling surfaces, diaper changing stations, privacy partitions, tile, doors, and hardware, etc. Clean, wash and disinfect shower curtains, doors, mats, enclosures and stalls (including grout).
Clean, wash, and disinfect shower mats requires washing mats with an approved cleaner that will eliminate fungus and mold.
Refill all soap, paper towels, toilet paper, sanitary seat liners, and feminine napkin dispensers so that all dispensers are completely full at the conclusion of each service.
Empty trash, sanitize and install new liner.
Floors shall be kept clean, spotless, shiny, and sanitized. Restrooms shall be kept free from unpleasant smells upon completion of service. Check for stoppages in toilets and urinals by flushing and observing; use a plunger if necessary. Notify Facilities Department at (661) 746-5097 for continued stoppages or any leaks.
5.8. Kitchen, Daily Cleaning:
Restock supplies so that all dispensers are completely full at the conclusion of each service.
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Empty trash, recycling, organic bins, and containers, sanitize and install new liner. Remove all webs, dust, litter, debris and markings, wipe clean, wash and disinfect all surfaces including doors, sills, partitions, walls (as needed), tables, ceilings, cabinets, chairs, vents, small kitchen appliances, and large kitchen appliances, countertops, and shelves.
Spot clean all floors, fabric covered furniture, and windows. Floors shall be kept clean, spotless, shiny, and sanitized. Clean, sanitize and remove all soap build-up, visible filth and discoloring from all tile surfaces, sinks, plumbing fixtures, and other areas. These areas must meet or exceed County of Kern health standards each and every cleaning. Failure to meet these standards are a reason for termination of Contract.
5.9. Kitchen and Lunch Room Area Weekly (Friday Night) Cleaning:
Friday nights, wipe clean and sanitize all interior surfaces.
5.10. Reception Areas, Copy Room, Office Areas, Hallways, Plazas, & Vestibules Daily Cleaning:
Restock all supplies so that all dispensers are completely full at the conclusion of each service.
Empty trash and containers, sanitize and install new liner. Remove all webs, dust, litter and debris and markings, wipe clean and sanitize all surfaces including doors, sills, partitions, walls, light fixtures, cabinets, chairs, sound equipment, vents, tables, shelves (where they are clear of materials), desks (where they are clear of papers), etc.
Open trusses, beams, support and baffle siding, tops of doors, windows and other surface that can/will collect dust.
Wipe all natural wood surfaces with furniture polish. Clean all granite and other natural stone with a City-approved cleaner. Floors shall be kept clean, spotless, shiny, and sanitized.
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Sweep or vacuum all interior areas as needed.
Sweep all exterior doorway areas as needed.
Clean, sanitize and remove all soap build-up, visible filth and discoloring from all tile surfaces and grouts, sinks, counters, epoxy flooring, and other areas. Spot clean all carpeted floors, fabric covered furniture, windows and other areas periodically cleaned with a City-approved fabric or carpet spot cleaner. Vacuum all carpeted floors and other fabric covered furniture. Clean and vacuum all entrance mats at the entrances both interior and exterior of the buildings.
5.11. Window Cleaning.
All interior and exterior windows up to and including 12 feet from the floor will be spot cleaned for smudges, hand prints or other markings daily or as required. All excess spray/solution must be removed from any surrounding trim or surfaces and glass/window surfaces shall have a uniformly bright appearance. Return any items moved to accomplish this task their original positions.
5.12. Janitorial Cleaning Log.
The FACILITIY shall have the Contractor-provided janitorial cleaning log. This log will be filled out by the Contractor’s employee before existing the facility site, each visit.
The janitorial cleaning log has an area for notes and comments. All alarm soundings, graffiti, pest control needs, security issues, leaks or non-working plumbing devices, damage to property, and areas left not serviced will be noted in this comments area.
All notations in the area for notes and comments will be relayed within 24 hours to the City Representative by e-mail.
5.13. Trash/Recycling
All trash/recycling receptacles will be serviced/emptied, cleaned with liners changed by the Contractor when that area is serviced/cleaned as per schedule.
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The Contractor will deliver the trash, recycling, organic bins, and place materials in appropriate disposal can.
6. SITE INSPECTION AND REPORTING
6.1. Report immediately by telephone during regular working hours (661) 746-5000, after hours issues call Shafter Police Department at (661) 746-8500 issues that may require immediate action. For emergencies call 911. Incidents of injury, damage or potential hazards to the public, end users or employees.
Running water or leaks
Sewer backups
6.2. Report immediately by e-mail ([email protected]) issues such as, but not limited to:
Public nuisances
Work performance delays
Repairs needed
Dripping/leaking water
Non-emergency electrical issues such as, but not limited to, outlets without power or entire buildings without power.
Lost and found articles
Deliver any lost and found article to City of Shafter: City Hall 336 Pacific Aave.
Shafter CA, 93263.
7. PAYMENTS
7.1. Invoices will be addressed to: City of Shafter 336 Pacific Ave, Shafter Ca, 93263.
7.2. Contractor will submit a monthly payment invoice listing each of the FACILITIES SERVICED and each individual invoice amount.
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7.3. If the City determines that there are deficiencies in the performance of this contract, the Contractor will be notified both verbally and in writing each time service requirements are found to be unsatisfactory and corrective action is necessary. Should the Contractor fail to correct any deficiencies within two hours, the City may exercise the following measures:
Deduct from the Contractor’s payment the amount necessary to correct the deficiency.
Withhold the entire or partial payment.
Utilize City forces or alternate source to correct the deficiency and deduct from the Contractor’s payment the total cost, including City overhead.
8. EQUIPMENT
8.1. Contractor will supply and maintain all tools and equipment in good and proper working condition, such as clean mops, brooms, bucket and wringers, carts, dust pans, dusters, vacuum cleaners, janitorial vehicles, cleaning supplies and chemicals, and secure an adequate inventory of all janitorial supplies and products.
8.2. All equipment provided by the Contractor will be of commercial grade.
8.3. Contractor shall utilize a single-use, disposable microfiber mop head system to ensure maximum hygiene and prevent cross-contamination between areas.
8.4. Contractor shall provide 1 (one) “Emergency Mop” at each location with 1 (one) bucket and wringer that will be marked so that employees of the City as well as Contractor’s employees can easily recognize these tools as emergency only.
8.5. Contractor will replace all emergency mop heads as needed to ensure adequate, sanitary cleaning.
8.6. All equipment stored on site at a City facility will be stored neat and orderly. All Janitors closets will be stowed in such a way that City employees can easily find what is needed, during their work shift, without moving other items with the exception of the janitorial cart. All mops, brooms, dust pans, and other cleaning appurtenances will be either hung or shelved neatly at all times they are stored.
8.7. Any shelf units needed for the storage of the supplies as described in this document at any facility listed is subject to the approval process in 9)
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SUBMITTALS. Once approved, the shelf unit will be installed by the City. Upon installation, the shelf unit is then the property of the City of Shafter.
8.8. Any rack systems needed for storage of other janitorial equipment as described in this document at any facility listed is subject to the approval process in 9) SUBMITTALS.
8.9. Any chemical dispensing unit/equipment and appurtenances that the Contractor finds critical to his operation is subject to the approval process in 9) SUBMITTALS.
Purchase, assembly and installation will be done, contracted or coordinated by the Contractor at his expense and under the direction of City staff. This is not a reimbursable item.
9. SUBMITTALS
9.1. All materials and consumable products are subject to prior approval by the City’s Representative. Contractor will provide submittals for the following items to the City’s Representative for approval. All materials and consumable products used at these project sites will be subject to prior approval through this submittal application process. No materials will be accepted for use on this project without prior approval, in writing. All submittals will have the appropriate MSDS attached for City review. Submittals of consumables must correspond with existing fixtures.
9.2. Any Contractor-requested replacements for the items listed in “PRE-APPROVED PRODUCTS” are subject to this approval process.
10. QUALITY ASSURANCE
10.1. Contractor is responsible for training, supervising, equipping, checking work quality, ensuring adherence to schedule, and all other management issues involved with his employees. Quality control is the responsibility of the Contractor.
10.2. Contractor will regularly check janitorial closets and storage areas for orderly storage.
10.3. Contractor will notify the City Representative in writing of any conditions or events as defined in this document.
11. FACILITY CONTACTS
11.1. Facilities Supervisor / Kenneth Greene (661) 746-5097 City Hall (661) 746-5000
DRAFT MAINTENANCE SERVICES AGREEMENT Page 29
Police Department (661) 746-8500
DRAFT MAINTENANCE SERVICES AGREEMENT Page 30
EXHIBIT B
ADDITIONAL WORK AND SAMPLE TASK ORDER
TASK ORDER
Specific tasks for additional work will be assigned to CONTRACTOR through issuance of Task Orders.
No services shall be performed unless authorized by a fully executed Task Order, issued by the CITY or its designee.
CONTRACTOR shall commence performance on additional work upon receipt of a Task Order from CITY to proceed and perform its services in a prompt and timely manner and within the schedule set forth in the Task Order. No Task Order shall be priced consistent with the specifications will extend beyond the expiration date of this Agreement.
Task Orders may not be used to amend the language (or the terms) of this Agreement nor to exceed the scope of work under this Agreement.
The total amount payable by CITY for all Task Orders resulting from this Agreement shall not exceed [CONTRACT AMOUNT]. It is understood and agreed that there is no guarantee, either expressed or implied, that the entire contract dollar amount will be authorized under this Agreement through the issuance of Task Orders.
CONTRACTOR’S substantial failure to comply with the provisions of the Task Order, including deadlines (if any) set forth above, shall constitute a default of the Task Order if not corrected by CONTRACTOR within seven (7) calendar days. In the event CONTRACTOR is in default, CITY shall provide written notice to CONTRACTOR setting forth the nature of the default and the CITY may terminate the Task Order after the time period for correction has elapsed. The CITY shall have no obligation or duty to compensate CONTRACTOR for any work performed after the date of termination.
However, notwithstanding the foregoing, the schedule and deadlines in an approved the Task Order may be amended or equitably adjusted as the project progresses upon written agreement of both CITY and CONTRACTOR. or if a delay in CONTRACTOR’S performance of its services is due to circumstances beyond CONTRACTOR’S reasonable control.
DRAFT MAINTENANCE SERVICES AGREEMENT Page 31
TASK ORDER
Dear [CONTRACTOR], Date: [DATE]
Task Order #: [NO.]
Company Name: [CONTRACTOR]
Service Type: [TYPE OF SERVICE]
Task Cost: $[COST]
Method(s) of
Payment (may be
more than one):
☐Lump Sum: [AMOUNT]
☐Time and Material: [AMOUNT]
Total: [AMOUNT]
Project Title: [PROJECT TITLE]
On-Call Contract #: [CONTRACT NO.]
Purchase Order #: [PO #]
Estimated Task Start
Date: [START_DATE] Estimated Task End Date: [END_DATE]
Scope of Work: [INSERT S.O.W.]
This letter shall serve as Notice to Proceed (“NTP”) based on the attached proposal, dated [PROPOSAL DATE].
You are authorized to proceed with performing the task order in accordance with the project documents in the City’s solicitation, your proposal, and subsequent amendments.
The total authorization for [CONTRACT NO.] to date is $[TOTAL AUTHORIZATION AMOUNT] tabulated below:
DRAFT MAINTENANCE SERVICES AGREEMENT Page 32
Task
Order
#
PO # NTP Date Description Status Payment
Type
Amount Balance
Original Authorized Contract Amount per Agreement dated [DATE OF AGREEMENT]
[CONTRACT
AMOUNT]
1 [PO#] [DATE] [DESC.] [STATUS
]
[AMOUNT] [CONTRACT
BALANCE]
2 [PO#] [DATE] [DESC.] [STATUS
]
[AMOUNT] [CONTRACT
BALANCE]
Total Amount Authorized Under [CONTRACT NO.] [TOTAL
AUTHORIZ
ATION
AMOUNT]
You are not authorized to exceed this amount unless additional authorization is received from the City.
Please send all invoices to:
[CONTRACT MANAGER NAME], Contract Manager at [CONTRACT MANAGER EMAIL] [PROJECT MANAGER NAME], Project Manager at [PROJECT MANAGER EMAIL] Accounts Payable at [INSERT CITY EMAIL]
All charges must be assigned to a Contract Number, and a Task Order Number.
DRAFT MAINTENANCE SERVICES AGREEMENT Page 33
EXHIBIT C
CONTRACTOR’S RATE SHEET
PUBLIC HEARINGS
CITY OF SHAFTER
CITY COUNCIL REPORT
MEETING DATE: May 19, 2026
DEPARTMENT: Carol Chavolla, HR Director
SUBJECT: STATUS OF VACANCIES, RECRUITMENT, AND RETENTION EFFORTS (AB 2561 – GC §3502.3)
RECOMMENDATION
Council find action is not defined as a “project” per Section 15378(b)(5) of the CEQA Guidelines; hold a public hearing to discuss the status of vacancies, recruitment, and retention efforts in accordance with AB 2561 (Government Code Section 3502.3); and receive and file the report.
BACKGROUND
Assembly Bill 2561 requires an annual public hearing prior to budget adoption to report on vacancies, recruitment, retention efforts, and any needed changes affecting hiring.
Employee organizations are permitted to present during the hearing. Additional reporting is only required if a bargaining unit vacancy rate exceeds 20%, which does not apply this year.
VACANCY OVERVIEW
As of May 1, 2026, City staff report the following vacancy data:
Shafter Public Works
Unit, SEIU Local 521
Shafter Police Officers
Association (SPOA)
Non-Represented
Full-time Positions: 24 Full-time Positions: 47 Full-time Positions: 79 Vacant Positions: 0 Vacant Positions: 5 Vacant Positions: 3 Rate: 0% Rate: 10.64% Rate: 3.80%
STATUS OF VACANCIES, RECRUITMENT, AND RETENTION EFFORTS (AB 2561 – GC §3502.3) - 2 -
Key Vacancies:
The following vacancies are in various stages of recruitment or background clearance. • Police Department: 1 - Senior Officer; 4 - Police Officer • Non-represented: 1 - Accounting Technician I; 1 - GIS Coordinator; 1 - Police Records Technician
RECRUITMENT
The City maintains a structured, merit-based recruitment process consistent with Personnel System Rules and Equal Employment Opportunity requirements. Human Resources oversees recruitment to ensure fairness, compliance, and timely hiring, including applicant screening, examinations, and conditional offers pending background checks.
RETENTION
The City offers a competitive compensation and benefits package, including CalPERS retirement, fully paid base health plans, paid leave, specialty pays, and incentive programs. These benefits support recruitment and long-term retention across classifications.
CHALLENGES
Recruitment challenges are primarily concentrated in law enforcement due to broader labor market conditions. Despite these challenges, vacancy levels remain low and manageable. Current recruitment strategies (e.g., academy sponsorships, lateral hiring, outreach) have been effective. No policy or procedural changes are recommended at this time.
FISCAL IMPACT
There is no fiscal impact associated with this report.
CEQA ANALYSIS
The action is not defined as a “project” per Section 15378(b)(5) of the CEQA Guidelines because the action is an organizational and administrative activity that will not result in direct or indirect physical changes to the environment and is not subject to CEQA.
APPROVED BY THE CITY ATTORNEY
No
ATTACHMENTS
1. Vacancies PowerPoint Slides 2026
5/4/2026
1 STATUS OF VACANCIES,
RECRUITMENT, AND
RETENTION EFFORTS
AB 2561 - GC§ 3502.3
BACKGROUND
• Annual public hearing requirement (AB 2561 - GC§ 3502.3) • Report on:
• Vacancy Status
• Recruitment & Retention Efforts
• Policy and Procedure Updates
• Receive input from employee organizations
VACANCY OVERVIEW
As of May 1, 2026
• SEIU (Public Works): 0% (Fully Staffed)
• SPOA (Police): 10.64% (5 Vacancies)
• Non-Represented: 3.8% (3 Vacancies)
All below 20% threshold
No additional reporting required
1 2
3
5/4/2026
2 KEY VACANCIES
SHAFTER PUBLIC WORKS UNIT, SEIU LOCAL 521
• No vacancies
SHAFTER POLICE OFFICERS ASSOCIATION
• 1 Senior Officer
• 4 Police Officers
NON-REPRESENTED
• 1 Accounting Technician I
• 1 GIS Coordinator
• 1 Police Records Technician
RECRUITMENT
• Merit-based hiring (Personnel System Rules & EEO)
• Open and competitive recruitment
• Structured screening & testing
• Conditional offers and background checks
• HR oversight for compliance and consistency
RETENTION
• Competitive compensation & benefits:
• Paid leave benefits
• Health, life, and retirement plans
• Various incentive pays
• Reimbursements & allowances
• Tuition assistance
• Work-life balance
• Career development & promotional opportunities
4 5
6
5/4/2026
3 CHALLENGES
• Law enforcement recruitment remains difficult nationwide:
• Competitive labor markets
• Extensive background and psychological screening
requirements
• Evolving generational career preferences that place less emphasis on public safety
No significant challenges in SEIU or Non-Rep groups
POLICE RECRUITMENT
• Low vacancies despite industry-wide hiring challenges • Strong collaboration between HR and PD Admin
• Proactive recruitment strategies implemented:
Academy sponsorships
Lateral hiring opportunities
Targeted outreach campaigns
• Most positions filled in a timely manner
• Public safety services are maintained without disruption • Continued commitment to strong community engagement
VACANCY MANAGEMENT
• HR staff continuously monitor and evaluate the City’s ability to fill vacancies in a timely and efficient manner
• Vacancies remain low
• Recruitment efforts have been effective in meeting operational needs
• No changes to existing policies, procedures, or practices are necessary at this time
7 8
9
5/4/2026
4 RECOMMENDATION
Council find that action is not defined as a “project” per Section 15378(b)(5) of the CEQA Guidelines; hold a public hearing to discuss the status of vacancies, recruitment, and retention efforts in accordance with AB 2561 (GC§ 3502.3); and receive and file the report.
Notice of Public Hearing was sent to SPOA, SEIU, and
advertised in the Shafter Press on May 7, 2026
SPOA response: not presenting
No response from SEIU
10
PUBLIC HEARINGS
CITY OF SHAFTER
CITY COUNCIL REPORT
MEETING DATE: May 19, 2026
DEPARTMENT: Steve Esselman, Planning Director
SUBJECT: DEVELOPMENT AGREEMENT NO. 25-22 (MISSION LAKES
SPECIFIC PLAN)
RECOMMENDATION
Council find the action has already been analyzed for the purposes of the California Environmental Quality Act; conduct a public hearing; and introduce for first reading, by title only, and waive reading of Ordinance No. 780, an ordinance of the City Council of the City of Shafter adopting Development Agreement No. 25-22 for the Mission Lakes Specific Plan Area, an agreement between the City and Land Reserve, Inc., Millrose Properties California LLC, and 7th Standards Ranch Investors LLC that establishes the rules governing specific development over a defined period of time in compliance with Government Code Sections 65864 through 65869.5 for the Mission Lakes Specific Plan area generally located on the north side of 7th Standard Road west of the Calloway Canal.
BACKGROUND
1. General Plan Designation: The land use designation of the site is SP (Specific Plan).
2. Zoning: The site is zoned SP (Specific Plan).
3. Acreage: 1,357 gross acres
4. Other: The specific plan consists of: 1) 5,334 single-family and multi-family dwelling units, 2) 68 acres of public parks, 3) 129 acres of commercial development, 4) one 25-acre middle school, 5) one 15-acre elementary school, and 6) 72 acres of road right-of-way.
Land Reserve, Inc. (formerly known as Suburban Land Reserve, Inc.), Millrose Properties California LLC, and 7th Standards Ranch Investors LLC (collectively, “Property Owners”) are requesting the approval of the development agreement. At the April 14, 2026, Planning Commission meeting, the Commission voted to recommend approval of the development agreement to the City Council.
ANALYSIS:
DEVELOPMENT AGREEMENT NO. 25-22 (MISSION LAKES SPECIFIC PLAN) - 2 -
Development Agreement No. 25-22 is being proposed for the completion of the Mission Lakes Specific Plan area located generally on the north side of 7th Standard Road west of the Calloway Canal (see Exhibit 1). The specific plan area includes 1) 5,334 singlefamily and multi-family dwelling units, 2) 68 acres of public parks, 3) 129 acres of commercial development, 4) one 25-acre middle school, 5) one 15-acre elementary school, and 6) 72 acres of road right-of-way on 1,357 gross acres. The State Legislature adopted Section 65864 et seq. of the Government Code to enable cities to enter into development agreements with applicants for development projects.
The objective of Development Agreement No. 25-22 (see Exhibit A of Exhibit 2) is to provide assurances that, upon approval, the application may proceed with the project in accordance with existing policies, rules, and regulations and subject to conditions of approval, thereby vesting certain development rights to the property. The agreement also ensures that all conditions of approval will proceed in an orderly and economical fashion to the benefit of the City.
FISCAL IMPACT
There is no fiscal impact because of the proposed action.
CEQA ANALYSIS
The approval of Development Agreement No. 25-22 is within the scope and intensity of the original Mission Lakes Specific Plan analyzed in the Program Environmental Impact Report (EIR) that was certified for the 2005 City of Shafter General Plan Update (SCH No. 2004101029) and an Addendum to the Certified Final Program Environmental Impact Report for the City of Shafter 2005 General Plan Update and Related Actions (State Clearinghouse No. 2004101029) for Development Agreement No. 06-03 (Addendum); Development Agreement No. 06-03 was the previous development agreement for the Mission Lakes Specific Plan area. The certified Program EIR and Addendum adequately describe the environmental effects of developing the Specific Plan area with a maximum of 5,334 approved residential units, and the approval of Development Agreement No. 25-22 does not increase the maximum units. The approval of Development Agreement No. 25-22 will not have a significant effect on the environment that has not already been previously analyzed and therefore, the approval has already been analyzed for purposes of the California Environmental Quality Act.
APPROVED BY THE CITY ATTORNEY
Yes
ATTACHMENTS
1. Exhibit 1 - Site Map
2. Exhibit 2 - Ordinance No. 780
3. Exhibit A to Exhibit 2
PHASE 5
PHASE 6
PHASE 4
TRACT 7464
PHASE 3
TRACT 7463
PHASE 7
PHASE 2
TRACT 7462
PHASE 1
PHASE 2
PHASE 1
TRACT 7461
MISSION LAKES BLVD
LAKE ROAD
CALLOWAY CANAL STREET A
STREET C
STREET D
MISSION LAKES BLVD
ZERKER ROAD
STREET E
7TH STANDARD ROAD SHEET NO.:
L:\PROJECTS\2021\210045\ACAD\EXHIBITS\DEVELOPMENT AGREEMENT\210045-DA-MAPS.DWG 3/24/2025 4:34 PM OF PROJECT NO.: DRAWN BY: QA/QC BY: SCALE:
Ó COPYRIGHT BY QUAD KNOPF, INC. UNAUTHORIZED USE PROHIBITED. WWW.QKINC.COM 1-800-955-7599 BAKERSFIELD, CLOVIS, HANFORD, MERCED, PORTERVILLE, VISALIA MISSION LAKES DEVELOPMENT AGREEMENT EXHIBIT "E" PUBLIC IMPROVEMENT PHASING PLAN PHASE MAP 210045 AS SHOWN RLG CW 1 8 0' SCALE: 1"= N
1000' 1000'
Mission Lakes DA No. 25-22
EXHIBIT 2
ORDINANCE NO. 780
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SHAFTER ADOPTING DEVELOPMENT AGREEMENT NO. 25-22 FOR THE MISSION LAKES SPECIFIC
PLAN AREA
WHEREAS, the City Council is authorized to enter into binding development agreements with persons having legal or equitable interest in real property for the development of such property, pursuant to Section 65864, et seq. of the Government Code; and WHEREAS, the City Council has adopted rules and regulations (“Development Agreement Procedures”) for consideration of development agreements, pursuant to Section 65865, et seq. of the Government Code (the “Development Agreement Law”); and as further provided in Section 2.70 (“Development Agreements”), Chapter 2, Title 17 of the Shafter Municipal Code; and
WHEREAS, Land Reserve, Inc.; Millrose Properties California, LLC; and 7th Standard Ranch Investors LLC (collectively, “Owners”) have represented to the City of Shafter (“City”) that they are the owner of the real property (“Property”) described in Exhibit “A” of Development Agreement No. 25-22 (“Agreement”), attached hereto and incorporated herein by this reference, which Property is located within the City of Shafter, County of Kern, State of California; and WHEREAS, the Owners have requested that the City enter into a development agreement with the Owners, thereby initiating these proceedings which have been taken into accordance with the Development Agreement Procedures; and
WHEREAS, The Agreement is being proposed for the completion of Mission Lakes Specific Plan area and replaces a previous Development Agreement No. 06-03 dated October 11, 2006, and recorded January 22, 2007, as Entry No. 0207015743 in the office of the Kern County Recorder; and
WHEREAS, the purpose of the subject development agreement is to provide for payment of park fees, traffic fees, and other fees and requirements established by the City of Shafter; and WHEREAS, the Agreement is consistent with the City of Shafter General Plan; and WHEREAS, by entering into this Agreement, the City of Shafter binds future City Councils of the City by the obligations specified herein, and limits the future exercise of certain governmental and proprietary powers of the City; and
WHEREAS, the terms and conditions of this Agreement have undergone extensive review by the City Planning Commission and City Council, and have been found to be fair, just, reasonable, and consistent with the City of Shafter General Plan; and WHEREAS, the City Council finds that all actions to be taken and approvals to be given by the City are in accordance with all applicable legal requirements for notice, public hearings, findings, votes, and other procedural matters in accordance with the Development Agreement Law and Development Agreement Procedures; and
Shafter City Council Ordinance No. 780
June 2, 2026
WHEREAS, this Agreement will eliminate uncertainty in planning and provide for the orderly development of the Property, ensure progressive installation of necessary improvements, provide for public services appropriate to the development of the Project, and generally serve the purposes for which development agreements authorized under Sections 65864, et seq. of Government Code are intended; and
WHEREAS, the development of the Property in accordance with this Agreement will provide substantial benefits to the City and will further important goals and policies of the City of Shafter, and
WHEREAS, the Owner has incurred and will in the future incur substantial costs to assure development of the Property in accordance with this Agreement; and WHEREAS, the Owner has incurred and will in the future incur costs more than the generally applicable requirements to assure vesting of legal rights to develop the Property in accordance with this Agreement; and
WHEREAS, the City has determined that approval of the Agreement has already gone through previous California Environmental Quality Act (“CEQA”) review via the Program Environmental Impact Report (“EIR”) that was certified for the 2005 City of Shafter General Plan Update (SCH No. 2004101029) and an Addendum to the Certified Final Program Environmental Impact Report for the City of Shafter 2005 General Plan Update and Related Actions (State Clearinghouse No. 2004101029) for Development Agreement No. 06-03 (“Addendum”); and WHEREAS, the certified Program EIR and Addendum adequately describe the environmental effects of developing the Specific Plan area with a maximum of 5,334 approved residential units, and the approval of the Agreement does not increase the maximum units and therefore, the Agreement will not have a significant effect on the environment that has not already been previously analyzed; and
WHEREAS, the certified Program EIR and Addendum adequately describe the environmental impacts of the Mission Lakes Specific Plan; and WHEREAS, a timely and properly noticed public hearing for Ordinance No. 780 (Development Agreement No. 25-22) was held by the City Council of the City of Shafter on May 19, 2026, at which hearing evidence, oral and documentary, was admitted on behalf of said Agreement.
NOW, THERFORE, BE IT ORDAINED that the City Council of the City of Shafter, in a regularly scheduled meeting assembled on the 2nd day of June, 2026, adopted Development Agreement No. 25-22 as set forth in attached Exhibit “A” of this Resolution.
Shafter City Council Ordinance No. 780
June 2, 2026
PASSED AND ADOPTED THIS 2nd DAY OF JUNE, 2026.
____________________________
Chad Givens, Mayor
ATTEST
______________________________
Yazmina Pallares, City Clerk
APPROVED AS TO FORM:
______________________________
Marco A. Martinez, City Attorney
RECORDED AT REQUEST OF
CITY OF SHAFTER
WHEN RECORDED RETURN TO:
City of Shafter
336 Pacific Avenue
Shafter, CA 93263
Attention: City Clerk
Exempt from Filing Fees Gov. Code Section 27383
MISSION LAKES SPECIFIC PLAN
DEVELOPMENT AGREEMENT NO. 25-22
between
CITY OF SHAFTER
a California municipal corporation
and
Suburban Land Reserve, Inc., a Utah corporation; Millrose Properties California, LLC, a California Limited Liability Company; and 7th Standard Ranch Investors LLC, a California limited liability company
Exhibit “A” of Ordinance No. ____________
Exhibit A
1 ARTICLE 1. PARTIES AND EFFECTIVE DATE
This Development Agreement (“Agreement”) is entered into between (i) THE CITY OF SHAFTER, a California municipal corporation (“City”) and (ii) Suburban Land Reserve, a Utah corporation; Millrose Properties California, LLC, a California limited liability company; and 7th Standard Ranch Investors LLC, a California limited liability company (collectively, “Owner”).
This Agreement shall become effective on the Effective Date.
ARTICLE 2. RECITALS
2.1 City is authorized to enter into binding development agreements with persons having legal or equitable interests in real property for the development of such property, pursuant to Section 65864, et seq. of the Government Code (the “Development Agreement Law”); and
2.2 City has adopted rules and regulations for consideration of development agreements, pursuant to Section 65865 (the “Development Agreement Procedures”) for consideration of development agreements, pursuant to Section 65864, et seq. of the Government Code (the “Development Agreement Law”); and as further provided in Section 2.70 (“Development Agreements”), Chapter 2, Title 17 of the Shafter Municipal Code; and
2.3 Owner is the owner of the real property described in Exhibit “A”, attached hereto and incorporated herein by this reference, which property is located within the City of Shafter, County of Kern, State of California; and
2.4 Owner has requested that City enter into a development agreement, and proceedings have been taken in accordance with the rules and regulations of City; and
2.5 By entering into this Agreement, City binds the City and future City Councils of City by the obligations specified herein, and limits the future exercise of certain governmental and proprietary powers of City; and
2.6 The terms and conditions of this Agreement have undergone extensive review by City and the City Council and have been found to be fair, just and reasonable and consistent with the City’s General Plan and any applicable specific plan; and
2.7 All of the requirements of the California Environmental Quality Act have been met with respect to the Project and City has reviewed, considered and, on June 21, 2005, adopted the Final Environmental Impact Report for the 2005 General Plan Update that included the Mission Lakes Specific Plan as adequate and complete; and
2.8 This Agreement and the Project are consistent with the Shafter General Plan; and
2.9 All actions taken and approvals given by City have been duly taken or approved in accordance with all applicable legal requirements for notice, public hearings, findings, votes, and other procedural matters in accordance with the Development Agreement Law and Development Agreement Procedures; and
2 2.10 Development of the Property in accordance with this Agreement will provide substantial benefits to City and will further important policies and goals of City; and
2.11 This Agreement will eliminate uncertainty in planning and provide for the orderly development of the Property, ensure progressive installation of necessary improvements, provide for public services appropriate to the development of the Project, and generally serve the purposes for which development agreements under the Development Agreement Law are intended; and
2.12 Owner has incurred and will in the future incur substantial costs in order to assure development of the Property in accordance with this Agreement; and
2.13 Owner has incurred and will in the future incur costs in excess of the generally applicable requirements in order to assure vesting of legal rights to develop the Property in accordance with this Agreement; and
2.14 On ___________, the Planning Commission of the City, following a duly noticed public hearing, recommended adoption of this Agreement to the City Council in accordance with the Development Agreement Law and Development Agreement Procedures; and
2.15 On ___________, at a duly noticed public hearing, the City Council of the City introduced Ordinance No. ____________ approving and adopting this Agreement and authorizing its execution by the City. The City further, at its _____________, meeting approved the second reading of said Ordinance.
ARTICLE 3. AGREEMENT
NOW, THEREFORE, in consideration of the above recitals and of the mutual covenants hereinafter contained and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:
ARTICLE 4. DEFINITIONS AND EXHIBITS
4.1 Definitions. The following terms when used in this Agreement shall be defined as follows:
4.1.1 “Agreement” means this Development Agreement.
4.1.2 “City” means the City of Shafter, a California municipal corporation.
4.1.3 “Days” means calendar days unless otherwise specified.
4.1.4 “Dedicate” is defined in Section 7.8.
4.1.5 “Development” means the improvement of the Property for the purposes of completing single-family and multiple-family dwelling units, improvements and facilities comprising the Project including, but not limited to: grading, the construction of infrastructure and public facilities related to the Project whether located within or outside the Property, the construction of single-family and multiple-family dwelling units, and the installation of required
3 landscaping. “Development” includes, without limitation, the right to maintain, repair, or reconstruct any private building, structure, improvement or facility after the construction and completion thereof; provided, however, that such maintenance, repair, or reconstruction takes place within the term of this Agreement on parcels subject to it.
4.1.6 “Development Approvals” means all permits and other entitlements required for the development and/or use of the Property and which are subject to approval or issuance by City in connection with the Development of the Property. “Development Approvals” specifically do not include this Agreement.
4.1.7 “Development Exactions” mean, except as otherwise provided in this Agreement, all exactions, in lieu fees or payments (including but not limited to impact mitigation fees) or dedication or reservation of land requirements, obligations for on-site or off-site improvements or construction requirements of a type not normally regarded as subdivision improvements, mitigation measures in connection with environmental review, or impositions made under other rules, regulations, or official policies of the City or in order to make a Development Approval consistent with the Mission Lakes Specific Plan, including without limitation, any requirements of City in connection with or pursuant to any Land Use Regulation or Development Approval for the development of land, the construction of improvements for public facilities, or the payment of fees in order to lessen, offset, mitigate or compensate for the impacts of development on the environment or other public interests. Development Exactions shall not include filing fees or other Processing Fees.
4.1.8 “Development Plan” means the Existing Development Approvals and the Existing Land Use Regulations applicable to the Development of the Property.
4.1.9 “Effective Date” means the 30th day after the second reading of the City Council ordinance which adopts and approves this Agreement, unless timely referendum proceedings to set aside the ordinance adopting this Agreement are commenced, in which case the occurrence of the Effective Date shall be postponed until the final disposition of the referendum, including the disposition of any judicial proceedings commenced with respect thereto.
4.1.10 “Existing Development Approvals” means the Mission Lakes Specific Plan, as amended by Specific Plan Amendment 23-09, adopted by the City on July 16, 2024 and the Final Environmental Impact Report.
4.1.11 “Existing Land Use Regulations” means all Land Use Regulations in effect on the Effective Date. Existing Land Use Regulations include, without limitation, the Mission Lakes Specific Plan and all other regulations of the City which are a matter of public record on the Effective Date.
4.1.12 “Final Environmental Impact Report” means the Final Environmental Impact Report (SCH No. 2002101029) for the 2005 General Plan Update that included the Mission Lakes Specific Plan.
4.1.13 “Land Use Regulations” means all ordinances, resolutions, codes, rules, regulations and official policies of City legally adopted in accordance with all applicable laws
4 governing the development and use of land, including, without limitation, the permitted use of land, the density or intensity of use, subdivision requirements, the maximum height and size of proposed buildings, the provisions for reservation or dedication of land for public purposes and all Development Exactions, the phasing or timing of development, and the design, improvement and construction and initial occupancy standards and specifications applicable to the Development of the Property as they may be modified by the Development Approvals. “Land Use Regulations” includes those land use regulations in the General Plan but does not include any City ordinance, resolution, code, rule, regulation or official policy, governing:
(a) The conduct of businesses, professions, and occupations; Other than as provided in this Agreement, taxes and assessments of general application, provided that the taxes and assessments are not imposed for the purpose of taxing the right, power or privilege of developing or improving land (e.g. excise tax) or to directly finance the construction or maintenance of any public improvement in respect of which Owner is paying any fee or providing any improvement pursuant to Article 7 hereof; (b) The control and abatement of nuisances;
(c) The granting of encroachment permits and the conveyance of rights and interests which provide for the use of or the entry upon public property; (d) The exercise of the power of eminent domain.
4.1.14 “Mortgagee” means a mortgagee of a mortgage, a beneficiary under a deed of trust or any other security-device lender, and their successors and assigns.
4.1.15 “Owner” means collectively Suburban Land Reserve, a Utah corporation; Millrose Properties California, LLC, a California limited liability company; and 7th Standard Ranch Investors LLC, a California limited liability company; and permitted successors in interest to all or any part of the Property.
4.1.16 “Processing Fees” means the normal and customary application, filing, plan check, and permit fees for land use approvals, design review, tree removal permits, building permits, demolition permits and other similar permits and entitlements, and inspection fees, which fees are charged to reimburse the City’s expenses attributable to such applications, processing, permitting, review and inspection and which are in force and effect on a general basis at such time as said approvals, permits, review, inspection or entitlements are granted or conducted by City.
4.1.17 “Project” means the future development of the entirety of the public and private improvements on the Property in a manner consistent with the Mission Lakes Specific Plan, as such Plan may be further defined, enhanced or amended pursuant to the provisions of this Agreement.
4.1.18 “Property” means the real property described on Exhibit “A” and shown on the map included as Exhibit “B” to this Agreement.
5 4.1.19 “Public Improvements” means those Public Improvements described in Section 7.5 of this Agreement.
4.1.20 “Public Improvement Obligations” means the obligation to construct and/or suitably guarantee the construction of and Dedicate those certain public improvements specifically described in Section 7.5 of this Agreement and the real property interests associated therewith.
4.1.21 “Public Improvement Phasing Plan” means Owner’s currently contemplated phasing of Development for the Property and associated public improvements for each phase of development, including roadway improvements and wet and dry utility infrastructure, as depicted and described by Exhibit E of this Agreement.
4.1.22 “Reservations of Authority” means the rights and authority excepted from the assurances and rights provided to Owner under this Agreement and reserved to City including, without limitation, those rights and authorities described in Section 6.5 of this Agreement.
4.1.23 “Subsequent Development Approvals” means all Development Approvals required after the Effective Date in connection with development of the Property, including without limitation, approval of tentative and final subdivision maps, design review approvals, subdivision improvement agreements which require the provision of bonds or other securities, all excavation, grading, building, construction, demolition, encroachment or street improvement permits, occupancy certificates, utility connection authorizations, or other discretionary or non-discretionary permits or approvals necessary, convenient or appropriate for the grading, construction, marketing, use and occupancy of the Project within the Property at such times and in such sequences as Owner may choose consistent with the Mission Lakes Specific Plan and this Agreement.
4.1.24 “Subsequent Land Use Regulations” means any Land Use Regulations or any amendments to the Mission Lakes Specific Plan legally adopted and effective after the Effective Date of this agreement.
Other initially capitalized terms appearing in this Agreement shall have the meaning given to them at the point at which they first appear.
4.2 Exhibits. The following documents are attached to, and by this reference made a part of, this Agreement:
Exhibit “A” - Legal Description of the Property
Exhibit “B” - Map of Property and Ownership
Information
Exhibit “C” - Current Mission Lakes Specific Plan
Exhibit “D” - Form of Assignment and Assumption
Agreement
6 Exhibit “E” - Public Improvement Phasing Plan
Exhibit “F” - Mission Lakes Specific Plan Park
Improvements
ARTICLE 5. GENERAL PROVISIONS.
5.1 Binding Effect of Agreement. The Property is hereby made subject to this Agreement. Subject to the Owner’s receipt of all Development Approvals relative thereto, the Development of the Property is hereby authorized and shall, except as otherwise provided in this Agreement, be carried out only in accordance with the terms of this Agreement.
5.2 Fee Interest in Property. Owner represents, covenants and warrants that as of the Effective Date it is the sole holder of fee simple absolute title to the Property, excepting those well sites identified by Exhibits A and B, which are owned by the North Kern Water Storage District, which is not a Party to this Agreement.
5.3 Term. The term of this Agreement shall commence on the Effective Date and shall continue for a period of ten (10) years thereafter, unless this term is modified or extended pursuant to the provisions of this Agreement.
5.4 Assignment, Sale and Transfer of Interest in the Property and this Agreement.
5.4.1 Right to Assign.
(a) Owner shall have the right to assign Owner’s rights and obligations under this Agreement, but only in connection with the concurrent sale, assignment, ground lease, encumbrance, or other transfer (collectively, a “Transfer”) of all or any portion of the Property.
Upon (1) any Transfer of all or any portion of the Property, (2) the express assumption of Owner’s obligations, including but not limited to a proportional share (with respect to the portion of the Property being transferred) of Owner’s obligations under this Agreement regarding the payment of Development Impact Fees and construction of Public Improvements as described by Section
7.5 of this Agreement and as depicted and described by Exhibit E of this Agreement by such transferee, and (3) City’s prior written consent, which consent shall not be unreasonably withheld, in a form such as the example “Form of Assignment and Assumption Agreement” document in Exhibit D, Owner shall be relieved of and from further liability or responsibility for compliance with the obligations arising under this Agreement (with respect to the portion of the Property being transferred), and City agrees to look solely to the transferee for compliance by such transferee with the provisions of this Agreement as such provisions relate to the portion of the Property acquired by such transferee; provided however, that the City shall look solely to Owner for compliance with the provisions of this Agreement as such provisions relate to the portion of the Property not so transferred. In order to permit City to make an informed decision to approve or disapprove a proposed assignment of Owner’s rights and obligations under this Agreement, or any partial assignment thereof, City may reasonably require the proposed transferee (other than an Owner Affiliate, defined hereinafter) to submit financial statements and evidence of its fitness, experience and ability (or that of its senior managerial personnel) to comply with the obligations being assumed. Notwithstanding anything to the contrary in this Section 5.4.1, no consent shall be required for any assignment to an “Owner Affiliate”; provided, however, that all conditions and
7 provisions of subsection (b) of this Section 5.4.1 have been satisfied except as otherwise expressly provided in Section 5.4.1(b). The term “Owner Affiliate” shall mean any of the following:
(i) any member of Owner or any shareholder or shareholders of any member who own(s) and control(s), directly or indirectly, fifty percent (50%) or more of the common stock of such member (“Owner Member”)
(ii) any general or limited partnership in which Owner or an owner partner, individually or collectively, is/are the managing general partner of such partnership. (iii) any limited liability company in which Owner or an owner member, individually or collectively, is/are the managing member of such limited liability company, or control, directly or indirectly, fifty-one percent (51%) or more of the ownership interest in such limited liability company.
(b) City’s consent to an assignment by Owner under this Section 5.4.1 shall not be unreasonably withheld provided (i) Owner notifies City at least forty-five (45) business days prior to the date of such assignment, (ii) the transferee (including any Owner Affiliate) expressly assumes Owner’s obligations (with respect to the portion of the Property being transferred) under this Agreement, and (iii) prior to the date of such assignment the transferee (including any Owner Affiliate) posts cash, surety bonds, letters of credit or other collateral reasonably acceptable to City and equivalent to any security previously provided by Owner to City to secure the transferee’s performance of its obligations with respect to the portion of the Project being acquired by such transferee and of all required Public Improvements (with respect to the portion of the Property being transferred). Notwithstanding clause (iii) in the preceding sentence, where adequate surety bonds, letters of credit or other collateral has already been provided by Owner and the Owner and such transferee choose to not substitute surety bonds, letters of credit or other collateral in accordance with clause (iii), the City’s consent shall not be withheld provided the following conditions are met: (1) Owner shall not reduce any of the surety bonds, letters of credit or other collateral previously provided; and (2) Owner shall cause to be named in any instrument establishing rights of the City under any such surety bonds, letters of credit or other collateral the transferee as the obligee thereunder. In such event, and notwithstanding Section 5.4.1(c) below, the surety bonds, letters of credit or other collateral previously provided by Owner shall not be reduced. Any notification under (i) above shall be forwarded, in writing, to the City Manager with a copy to the City Attorney. It is understood and agreed that, until all of the conditions set forth in clauses (i), (ii) and (iii) immediately hereinabove have been performed, Owner shall not be relieved of and from liability or responsibility for compliance with the obligations arising under this Agreement with respect to the portion of the Project being transferred. In order to permit City to determine the amount and type of collateral that will be reasonably acceptable, City may, as part of its rights under this Section 5.4.1 above, reasonably require the proposed transferee (excepting an Owner Affiliate) to submit financial statements and evidence of its fitness, experience and ability (or that of its senior managerial personnel) to comply with the obligations being assumed. (c) With respect to any permitted assignment pursuant to the provisions of this Section 5.4.1, City shall release Owner from its obligations under this Agreement and any other agreements or undertakings pertaining to the transferred portion of the Project, and release to Owner any bonds or other security posted to secure obligations under such agreements or
8 undertakings, provided the transferee expressly assumes the obligations under such agreements and substitutes bonds or other security acceptable to City in place of the security to be released. (d) Nothing contained in this Section 5.4.1 shall prevent a Transfer of the Property, or any portion thereof, to a lender as a result of a foreclosure or deed in lieu of foreclosure, and any successor in interest (including the lender) acquiring the Property, or any portion thereof, as a result of foreclosure or a deed in lieu of foreclosure shall take such Property subject to the rights and obligations of Owner under this Agreement; provided, however, in no event shall such successor in interest (including the lender) be liable for any defaults or monetary obligations of Owner arising under this Agreement prior to acquisition of title to the Property by such successor in interest, and provided further, in no event shall any such successor in interest be entitled to a building permit or occupancy certificate until all fees due under this Agreement relating to the portion of the Property acquired by such successor in interest have been paid to City and until any other default relating to the portion of the Property acquired by such successor in interest has been cured.
(e) Any amendment to this Agreement between City and a transferee shall only affect the portion of the Property owned by such transferee, and a default by such transferee shall only affect that portion of the Property owned by such transferee.
5.4.2 Subsequent Assignment. Any subsequent assignment after an initial assignment shall be made only in accordance with and subject to the terms and conditions of Section 5.4.1.
5.4.3 Termination of Agreement with Respect to Individual Lots and Units.
5.4.3.1 Release of Subdivided Lots. Any other provisions of this Agreement notwithstanding, this Agreement shall terminate with respect to any lot, or, as to common areas in common interest subdivision, upon the sale of the first unit, and such lot or unit shall be released and no longer subject to this Agreement without need for the execution or recordation of any further document, upon satisfaction of both of the following conditions. (i) The lot or unit has been finally subdivided and individually (and not in “bulk”) sold or leased to a member of the public or other ultimate user; and (ii) A certificate of occupancy has been issued for a building on the lot.
No such release approved pursuant to this Subsection 5.4.3.1 shall cause or otherwise affect a release of Owner from its duties and obligations under this Agreement as to the remainder of the Property owned by Owner.
(iii) The fees set forth in Section 7.2 have been paid in full to the City for the lot.
5.4.3.2 Partial Release of Purchaser, Transferee or Assignee of a Lot.
If a purchaser, transferee or assignee of a lot (i) which has been finally subdivided as provided for in the Agreement and for which a design review for development of the lot has been approved and all onsite improvements and Public Improvements have been finally constructed pursuant to the Agreement or, (ii) if such improvements and design review has not been approved, but the lot is a
9 subdivided lot and the conditions of approval of the subdivision map are secured to the reasonable satisfaction of City for the performance of the improvement obligations applicable to the lot, then City shall release said lot from the obligations under this Agreement relating to all other portions of the Property. No such release approved pursuant to this Section 5.4.3.2 shall cause or otherwise affect a release of Owner from its duties and obligations under this Agreement as to the remainder of the Property owned by Owner.
5.5 Amendment or Cancellation of Agreement. This Agreement may be amended, modified or canceled in whole or in part only by the following means:
(a) As provided in Section 6.4;
(b) Pursuant to Government Code Section 65869.5, as necessary to comply with state or federal laws or regulations enacted after the Effective Date; provided, however, that this Agreement shall remain in full force and effect to the extent that it is not inconsistent with such laws or regulations and to the extent such laws or regulations do not render the remaining provisions of this Agreement impractical to enforce; or (c) By mutual written consent of both the City and the Owner pursuant to Government Code Section 65868, following all required public notices and hearings and Planning Commission and City Council approval; provided, however, that within the limits of the authority granted to him or her, the City’s Planning Director may make the following minor modifications to this Agreement without the need for formal action by the City’s Planning Commission or City Council;
(i) Minor modifications of schematic plans approved by the City; and (ii) Minor modifications that do not alter the terms of this Agreement, the permitted uses, density or intensity of uses, maximum height or size of buildings, provisions for reservations or dedication of land, conditions, terms, restrictions and requirements relating to Subsequent Development Approvals, and monetary contributions by the Owner.
5.6 Automatic Termination. This Agreement shall automatically terminate and be of no further effect upon the occurrence of any of the following events:
(a) Expiration of the stated term of this Agreement as set forth in Section 5.3. (b) Entry of a final judgment setting aside, voiding or annulling the adoption of the ordinance approving this Agreement.
(c) The adoption of a referendum measure pursuant to Section 65867.5 overriding or repealing the ordinance approving this Agreement. (d) Completion of the Project in accordance with the terms of this Agreement including issuance of all required occupancy permits and acceptance by City or applicable public agency of all required Dedications and improvements.
10 (e) Upon the default of Owner or City to the extent provided in Article 9 and Article 10, respectively.
(f) The entry of a final judgment (or a decision on any appeal therefrom) voiding the Mission Lakes Specific Plan or any element thereof, which judgment or decision would preclude development of the Project, but only if the City is unable to cure such defect in the Mission Lakes Specific Plan or element within one hundred and eighty (180) days from the later of entry of final judgment or decision on appeal.
Termination of this Agreement shall not constitute termination of any other land use entitlements approved for the Property unless such land use entitlements are conditioned upon the continued existence of this Agreement or upon the construction of improvements or the payment of fees described in this Agreement and Owner fails to construct such improvements or pay such fees as required in the conditions to the land use entitlements or this Agreement. Upon the termination of this Agreement, no party shall have any further right or obligation hereunder except with respect to any obligation to have been performed prior to such termination, or with respect to any default in the performance of the provisions of this Agreement which has occurred prior to such termination, or with respect to any obligations which are specifically set forth as surviving this Agreement. Upon such termination, all fees paid pursuant to Article 7 of this Agreement by Owner to City for buildings on which construction has not yet begun shall either, at City’s option, be refunded to Owner by City; or applied as a credit to future development fees due from Owner, provided, however that Owner may designate another party to receive such refund or credit. Notwithstanding anything to the contrary in this Section 5.6, Owner shall receive any applicable fee credits set forth in Article 7 for those portions of any Public Improvements Dedicated to the City and any fee credits pursuant to any tentative map or parcel map prior to such termination. Those fee credits shall survive such termination and may be used by Owner, to the extent not previously used by Owner, to offset the City’s collection of such fees in connection with the Project.
5.7 Notices.
(a) As used in this Agreement, “notice” includes, but is not limited to, the communication of notice, request, demand, approval, statement, report, acceptance, consent, waiver, appointment or other communication required or permitted hereunder. (b) All notices shall be in writing and shall be considered given either: (i) when delivered in person to the recipient named below; or (ii) on the date of delivery shown on the return receipt, after deposit in the United States mail in a sealed envelope as either registered or certified mail with return receipt requested, and postage and postal charges prepaid, and addressed to the recipient named below; or (iii) three days after deposit in the United States mail, postage prepaid, addressed to the recipient named below; All notices shall be addressed as follows:
11 If to City:
City Manager
City of Shafter
336 Pacific Avenue
Shafter, CA 93263
with a copy to:
Best Best & Krieger LLP
2855 E. Guasti Road, Suite 400
Ontario, CA 91761
Attn: Shafter City Attorney
If to Owner:
Land Reserve, Inc. (formerly known as Suburban Land Reserve, Inc.) 51 South Main Street, Suite 301
Salt Lake City, UT 84111
Attn: Danny Owen
Millrose Properties California, LLC
5 River Park Place East, Suite 210
Fresno, CA 93720
Attn: Walter Diamond
7th Standard Ranch Investors LLC
PO Box 82515
Bakersfield, CA 93380
Attn: Tony Hogg and Lee Jamieson
(c) Either party may, by notice given at any time, require subsequent notices to be given to another person or entity, whether a party or an officer or representative of a party, or to a different address, or both. Notices given before actual receipt of notice of change shall not be invalidated by the change.
5.8 Validity of This Agreement. The Owner and the City each agree that neither party has made any representations to the other concerning the enforceability or validity of any one or more provisions of this Agreement.
ARTICLE 6. DEVELOPMENT OF THE PROPERTY
6.1 Rights to Develop. Subject to the terms of this Agreement, including the Reservations of Authority, Owner shall have a vested right to develop the Property in accordance with and to the extent of, the Mission Lakes Specific Plan and subject to the Existing Land Use Regulations. The Property shall remain subject to all Subsequent Development Approvals required to complete the Project as contemplated by the Development Plan. Except as otherwise provided
12 in this Agreement, and subject to the Reservations of Authority, the permitted uses of the Property, the density and intensity of use, the maximum height and size of proposed buildings, and provisions for reservation and Dedication of land for public purposes and other Development Exactions, the phasing and timing of development, the design, improvement and construction standards and specifications applicable to development of the Property, and other terms and conditions of development applicable to the Property shall be those set forth in the Mission Lakes Specific Plan.
6.2 Effect of Agreement on Land Use Regulations. Except as otherwise provided under the terms of this Agreement, including the Reservations of Authority, the rules, regulations and official policies and conditions of approval governing permitted uses of the Property, the density and intensity of use of the Property, the maximum height and size of proposed buildings, provisions for reservation and Dedication of land for public purposes and other Development Exactions, the phasing and timing of development, and the design, improvement, occupancy and construction standards and specifications applicable to development of the Property shall be the Existing Land Use Regulations.
City shall accept for processing, review and action all applications for Subsequent Development Approvals, and such applications shall be processed in the normal manner for processing such matters unless otherwise required by this Agreement to be expedited or given priority.
Owner acknowledges and agrees that the failure or inability of public utility providers other than the City including, without limitation, such providers as electricity, gas, telephone, and cable to provide the appropriate amount and type of utility service to the Property shall be sufficient cause for City to withhold issuance of approvals hereunder necessary for the development and/or occupancy of those buildings to which such utility service is not then available until such service is available. A will serve letter issued by a utility provider shall be conclusive evidence that the utility service is available to that portion of the Property covered by that letter.
City agrees that it shall not take any action with the express intent of preventing any such provider from furnishing appropriate utility service to the Property.
6.3 Timing of Development. The parties acknowledge that Owner cannot at this time predict when or the rate at which phases of the Property will be developed. Such decisions depend upon numerous factors which are not within the control of Owner, such as market orientation and demand, interest rates, absorption, completion and other similar factors. Since the California Supreme Court held in Pardee Construction Co. v. City of Camarillo (1984) 37 Cal.3d 465, that the failure of the parties therein to provide for the timing of development resulted in a later adopted initiative restricting the timing of development to prevail over such parties’ agreement, it is the parties’ intent to cure that deficiency by acknowledging and providing that Owner shall have the right to develop the Property in such order and at such rate and at such times as Owner deems appropriate within the exercise of its subjective business judgment, subject only to any timing or phasing provisions set forth in this Agreement or the Mission Lakes Specific Plan.
6.4 Changes and Amendments. The parties acknowledge that development of the Project will require Subsequent Development Approvals and may demonstrate that changes are appropriate and mutually desirable in the Existing Development Approvals. In the event Owner
13 finds that a change in the Existing Development Approvals is necessary or appropriate, Owner shall apply for a Subsequent Development Approval to effectuate such change and City shall process and act on such application in accordance with the Existing Land Use Regulations, except as otherwise provided by this Agreement, including the Reservations of Authority. If approved, any such change in the Existing Development Approvals shall be incorporated herein as an addendum and may be further changed from time to time as provided in this Section. Unless otherwise required by law, as determined in City’s reasonable discretion, a change to the Existing Development Approvals shall be deemed “minor” and not require an amendment to this Agreement provided such change does not:
(a) Alter the permitted uses of the Property as a whole; or (b) Increase the density or intensity of use of the Property as a whole; or (c) Increase the maximum height and size of permitted buildings; or (d) Delete a requirement for the reservation or dedication of land for public purposes within the Property as a whole; or
(e) Constitute a project requiring a subsequent or supplemental environmental impact report pursuant to Section 21166 of the Public Resources Code, as it exists from time to time.
6.5 Reservations of Authority.
6.5.1 Limitations, Reservations and Exceptions. Notwithstanding any other provision of this Agreement, the following Subsequent Land Use Regulations shall apply to the development of the Property:
(a) Processing Fees imposed by City to cover the estimated or actual costs to City of processing applications for Development Approvals or for monitoring compliance with any Development Approvals granted or issued, which fees are charged to reimburse the City’s expenses attributable to such applications, processing, permitting, review and inspection and which are in force and effect on a general basis at such time as said approvals, permits, review, inspection or entitlements are granted or conducted by City. (b) Procedural regulations relating to hearing bodies, petitions, applications, notices, findings, records, hearings, reports, recommendations, appeals and any other matter of procedure.
(c) Regulations, policies (written or unwritten) and rules governing engineering and construction standards and specifications applicable to private or public improvements including, without limitation, any and all uniform codes adopted by the City, including local amendments to those codes adopted pursuant to state law allowing for such amendments; provided that such codes are uniformly applied to all new development projects of the same uses within the City. Such codes include without limitation, the City’s Uniform Housing Code, Building Code, Plumbing Code, Mechanical Code, Electrical Code, Fire Code and Building Security Code. City
14 agrees that such regulations, policies and rules shall be those applied on a City-wide basis to all development projects of a similar type as the Project.
(d) Regulations which may be in conflict with the Mission Lakes Specific Plan but which are reasonably necessary to protect the residents of the Project or of the immediate community, or both, from a condition perilous to their health or safety, or both; provided, however, the following shall apply:
(i) That to the extent possible, such regulations shall be applied and construed so as to provide Owner with the rights and assurances provided in this Agreement; and (ii) That such regulations apply uniformly to all new development projects of the same uses within the City; and
(iii) That the City Council finds, based on substantial evidence, that such regulations are necessary to eliminate or reduce a public danger perilous to the health or safety of the residents of the Project or of the immediate community. (e) Subsequent regulations which do not conflict with the Development Plan.
For the purposes of this Agreement, the term “does not conflict” and its variants means new rules, regulations, and policies which: (i) do not modify the Mission Lakes Specific Plan, including, without limitation, the permitted land uses, the density or intensity of use, the phasing or timing of development of the Project, the maximum height and size of proposed buildings on the Property, provisions for Dedication of land for public purposes and Development Exactions, except as expressly permitted elsewhere in this Agreement, and standards for design, development and construction of the Project, except with respect to uniform codes as permitted elsewhere in this Agreement; (ii) do not prevent Owner from obtaining any Subsequent Development Approvals, including, without limitation, all necessary approvals, permits, certificates, and the like, at such dates and under such circumstances as the Owner would otherwise be entitled by the Mission Lakes Specific Plan; or (iii) do not prevent Owner from commencing, prosecuting, and finishing grading of the land, constructing public and private improvements, and occupying the Property, or any portion thereof, all at such dates and schedules as Owner would otherwise be entitled to do so by the Mission Lakes Specific Plan. Any Regulation whether adopted by initiative or otherwise, limiting the rate, timing, type or density of development of the Property shall be deemed to conflict with the Mission Lakes Specific Plan and shall therefore not be applicable to the development of the Property, unless otherwise provided for in this Agreement or by statute. (f) Regulations which are in conflict with the Mission Lakes Specific Plan, provided Owner has given written consent to the application of such regulations to the Development of the Property.
6.5.2 Subsequent Development Approvals. This Agreement shall not prevent City, in acting on Subsequent Development Approvals, from applying Subsequent Land Use Regulations which do not conflict with the Mission Lakes Specific Plan or this Agreement, nor shall this Agreement prevent City from denying or conditionally approving any Subsequent Development Approvals on the basis of the Existing Land Use Regulations or any Subsequent
15 Land Use Regulation not in conflict with the Mission Lakes Specific Plan or as otherwise permitted by this Agreement.
6.5.3 Modification or Suspension by State or Federal Law. In the event that State or Federal laws or regulations enacted after the Effective Date of this Agreement prevent or preclude compliance with one or more of the provisions of this Agreement, such provisions of this Agreement shall be modified or suspended as may be necessary to comply with such State or Federal laws or regulations, provided, however, that this Agreement shall remain in full force and effect to the extent it is not inconsistent with such laws or regulations and to the extent such laws or regulations do not render such remaining provisions impractical to enforce.
6.5.4 Intent. The parties intend that, unless otherwise expressly herein provided, or as otherwise provided by law, this Agreement embodies the full terms and conditions relative to the proposed Development of the Project. Notwithstanding the foregoing, however, Owner and City each agree that neither party has made any representations to the other concerning the enforceability or validity of this Agreement or any one or more of its provisions and that each party has exercised due diligence in ascertaining for itself the validity and enforceability of this Agreement and its provisions.
6.6 Public Works. Owner is required by this Agreement to construct certain facilities and improvements which will be Dedicated to City or other public agencies upon completion.
6.6.1 Payment of Prevailing Wages. Owner acknowledges that the City has made no representation, express or implied, to Owner or any person associated with Owner regarding whether or not laborers employed relative to the construction and installation of improvements on the Property, if any, must be paid the prevailing per diem wage rate for their labor classification, as determined by the State of California, pursuant to California Labor Code Sections 1720, et seq. Owner agrees with the City that Owner shall assume the responsibility and be solely responsible for determining whether or not laborers employed relative to any construction of capital improvements on the Property or for the Development must be paid the prevailing per diem wage rate for their labor classification, as determined by the State of California, pursuant to California Labor Code Sections 1720, et seq.
6.6.2 If Civil Code sections 9550 et seq. require contractors to procure a payment bond for the improvements on the Property, then the Owner shall ensure that its contractors deliver the required bond.
6.6.3 Owner, on behalf of itself, its successors, and assigns, waives and releases the City from any right of action that may be available to any of them pursuant to California Labor Code Sections 1726 and 1781. Owner acknowledges the protections of California Civil Code Section 1542 relative to the waiver and release contained in this Section 6.6.3, which reads as follows:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR
OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR
HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF
16 KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.
BY INITIALING BELOW, OWNER KNOWINGLY AND VOLUNTARILY WAIVES THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542 SOLELY IN CONNECTION WITH THE WAIVERS AND RELEASES OF THIS SECTION 6.6:
Owner’s Initials, Suburban Land Reserve, Inc.
Owner’s Initials, Millrose Properties California, LLC
Owner’s Initials, 7th Standard Ranch Investors LLC
6.6.4 Owner shall defend with counsel reasonably acceptable to the City, indemnify and hold harmless City and its elected officials, officers, employees, agents and contractors from any and all liability, costs, claims, damages, fines, penalties and expense, including costs of litigation and attorneys’ fees, arising out of or in any way connected with Owner’s construction of the facilities and improvements described in this Agreement and Owner shall indemnify, defend with counsel reasonably acceptable to the City and hold harmless the City against any claims pursuant to California Labor Code Section 1781 arising from this Agreement or the construction or installation of any improvements on the Property or for the Development, in accordance with the terms of Section 6.6 of this Agreement.
6.7 Provision of Off-Site Real Property for Public Improvements. The City and Owner acknowledge that certain Public Improvements may be located on property which is neither owned nor controlled by the Owner or the City, which shall be considered an Offsite Improvement.
For purposes of this Section 6.7, any individual parcel of such property on which the Offsite Improvements will be located shall be hereinafter referred to singularly as a “Subject Property”, and collectively as “Subject Properties.”
6.7.1 No Commitment to Condemn. Owner hereby acknowledges and understands that this Agreement does not obligate the City in any way to use its power of eminent domain to acquire any Subject Property. The City’s use of the power of eminent domain is conditioned by law upon certain findings and determinations that the City Council in its sole discretion, must make in accordance with California Code of Civil Procedure Sections 1240.030, 1240.040, and 1245.230. These findings and determinations include, without limitation, all of the following:
(i) The public interest and necessity require the Offsite Improvement; (ii) The Offsite Improvement is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; (iii) The Subject Property is necessary for the Offsite Improvement; and
KNOWN BY HIM OR HER, WOULD HAVE MATEMALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.
BY INITIALING BELOW, OWNER KNOWINGLY AND VOLUNTARILY WAIVES THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542 SOLELY IN CONNECTION WITH THE WAIVERS AND RELEASES OF THIS SECTION 6. 6:
OwTner's Initials, Suburban Land Reserve, Inc.
Owner's Initials, Millrose Properties California, LLC
Owner's Initial , 7th Standard Ranch Investors LLC
6.6.4 Owner shall defend with counsel reasonably acceptable to the City, indemnify and hold harmless City and its elected officials, officers, employees, agents and contractors from any and all liability, costs, claims, damages, fines, penalties and expense, including costs of litigation and attorneys' fees, arising out of or in any way connected with Owner's construction of the facilities and improvements described in this Agreement and Owner shall indemnify, defend with counsel reasonably acceptable to the City and hold harmless the City against any claims pursuant to California Labor Code Section 1781 arising from this Agreement or the construction or installation of any improvements on the Property or for the Development, in accordance with the terms of Section 6. 6 of this Agreement.
6.7 Provision of Off-Site Real Property for Public Improvements. The City and Owner acknowledge that certain Public Improvements may be located on property which is neither owned nor controlled by the Owner or the City, which shall be considered an Offsite Improvement.
For purposes of this Section 6.7, any individual parcel of such property on which the Offsite Improvements will be located shall be hereinafter referred to singularly as a "Subject Property", and collectively as "Subject Properties."
6.7. 1 No Commitment to Condemn. Owner hereby acknowledges and understands that this Agreement does not obligate the City in any way to use its power of eminent domain to acquire any Subject Property. The City's use of the power of eminent domain is conditioned by law upon certain findings and determinations that the City Council in its sole discretion, must make in accordance with California Code of Civil Procedure Sections 1240. 030, 1240. 040, and 1245. 230. These findings and determinations include, without limitation, all of the following:
(i) The public interest and necessity require the Offsite Improvement; (ii) The Offsite Improvement is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; (iii) The Subject Property is necessar)7 for the Offsite Improvement; and 16
17 (iv) That either the offer (if any) required by Section 7267.2 of the California Government Code has been made to the owner or owners of record, or the offer has not been made because the owner or owners cannot be located with reasonable diligence.
Owner hereby acknowledges and understands that as of the date of this Agreement, the City has not considered the propriety of the use of its power of eminent domain to acquire any Subject Property. The City makes no representation or guarantee whatsoever concerning the eventual result or outcome of its discretionary consideration of the use of its power of eminent domain to acquire any Subject Property or of any actual eminent domain proceeding.
6.7.2 Indemnity. Owner hereby agrees to defend (with counsel reasonably acceptable to the City), indemnify and hold harmless the City, its officials, officers, employees, agents, attorney, and contractors from and against all third party liability, claims, lawsuits, judgments, fines, penalties, amounts paid in settlements, costs and expenses arising out of or in any way connected with the City’s actions under this Section 6.7 with respect to any Subject Property, except to the extent that such liability arising from the negligence or willful misconduct of the City, its official, officers, employees, agents, attorney or contractors. Owner’s obligations under this Section 6.7.2 shall survive the expiration or termination of this Agreement.
6.7.3 Cooperation. The parties hereby agree to take such other actions and execute such other reasonable documents as are consistent with this Section 6.7 and as are reasonably necessary to effectuate this Section 6.7; provided, however, that the foregoing shall not require the City to take any legislative act or exercise its discretion in any particular manner.
6.7.4 Effect of Termination, Expiration or Invalidity of this Agreement. If the City terminates this Agreement in accordance with the provisions for termination contained herein, or if this Agreement otherwise expires or is declared invalid, Owner agrees that such termination, expiration, or determination of invalidity shall survive and Owner shall remain liable to City for all costs reasonably incurred by City up to the date of such termination, expiration or determination of invalidity in connection with actions taken by the City pursuant to this Section 6.7, and shall remain liable to the City for all costs reasonably incurred by the City subsequent to such termination, expiration or determination of invalidity relative to the taking of such actions as are necessary, as determined by the City in its sole and absolute discretion, to terminate any acquisition activity undertaken prior to such termination pursuant to this Section 6.7, including, without limitation, amounts that the City may pay pursuant to California Code of Civil Procedure Section 1268.610 et. seq., as a result of the City’s election to abandon or settle any judicial proceedings which may have been filed.
6.8 Environmental Compliance. Owner and City acknowledge that City’s adoption of the Final Environmental Impact Report for the 2005 General Plan Update that included the Mission Lakes Specific Plan described in the recitals hereto reflect City’s determination that the Final Environmental Impact Report was adequate, that such adoption is the product of City’s independent review and judgment, that it satisfied the requirements of the California Environmental Quality Act, and that it fully and adequately analyzed the environmental impacts of the Project. No mitigation measures other than those expressly identified in the Final Environmental Impact Report, the Existing Development approvals, or this Agreement shall be imposed on the Property or as an obligation of Owner for the development of the Property in
18 accordance with the Development Approvals. However, City may impose additional environmental review and mitigation measures upon Subsequent Development Approvals where such additional environmental review and measures are required pursuant to Public Resources Code Section 21166, and California Code of Regulations Title 14 Section 15162, as those sections may be amended or substituted.
6.9 Regulation by Other Public Agencies. It is acknowledged by the parties that other public agencies not within the control of City possess authority to regulate aspects of the development of the Property separately from or jointly with City and this Agreement does not limit the authority of such other public agencies.
6.10 Tentative Map Extension. Pursuant to the provisions of Section 66452.6, any tentative subdivision map or tentative parcel map approved in connection with Development of the Property shall be extended for the Term of this Agreement;.
6.11 Initial Public Improvement Phasing Plan. Development of the Property and the Public Improvements shall be subject to all timing and phasing requirements established by this Agreement or the Development Plan. Owner has identified an initial phasing plan for the development of the Property including construction of anticipated Public Improvements, as described by and depicted on the Public Improvement Phasing Plan included as Exhibit E of this Agreement; however, Owner has also reserved the right to modify the phasing and timing of the development of the Property in its sole discretion. In the event Owner elects to amend the proposed phasing of the Project, Owner shall give the City written notice of the revised phasing plan and shall provide the City Manager with a proposed revision to the Public Improvement Phasing Plan.
The City Manager shall review and approve or approve with modifications the revised Public Improvement Phasing Plan within thirty (30) days of its submittal to the City Manager. In reviewing and approving the revised Public Improvement Phasing Plan, the discretion of the City Manager shall be limited to a determination as to whether the revised Public Improvement Phasing Plan will provide the necessary Public Improvements required to serve the associated phases of development set forth in the revised phasing plan. The determination of the City Manager with respect to the revised Infrastructure Phasing Plan may be appealed to the Planning Commission and any decision made by the Planning Commission may be appealed to the City Council pursuant to the then-existing appeal provisions of the City Code.
6.12 Application of Government Code Section 66462.5. The provisions of Government Code Section 66462.5 shall not apply to any of the Public Improvements and Owner hereby waives, to the maximum legal extent, any benefits accruing to Owner pursuant to Government Code Section 66462.5 and all other statutes and judicial decisions of similar effect; provided, however, that Government Code Section 66462.5 and all other statutes and judicial decisions of similar effect will continue to apply, to the extent applicable, to all other public improvements other than the Public Improvements.
OWNER HEREBY ACKNOWLEDGES THAT IT HAS READ AND IS FAMILIAR WITH THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542 (“SECTION 1542”), WHICH IS SET FORTH BELOW:
19 A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS
THAT THE CREDITOR OR RELEASING PARTY DOES NOT
KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT
THE TIME OF EXECUTING THE RELEASE AND THAT, IF
KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY
AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR
OR RELEASED PARTY.
BY INITIALING BELOW, OWNER HEREBY WAIVES THE PROVISIONS OF SECTION 1542 SOLELY IN CONNECTION WITH THE MATTERS WHICH ARE THE SUBJECT OF THE FOREGOING WAIVERS AND RELEASES:
Owner’s Initials, Suburban Land Reserve, Inc.
Owner’s Initials, Millrose Properties California, LLC
Owner’s Initials, 7th Standard Ranch Investors LLC
ARTICLE 7. PUBLIC BENEFITS.
7.1 Intent. The parties acknowledge and agree that development of the Property will result in substantial public needs which will not be fully met by the Mission Lakes Specific Plan and further acknowledge and agree that this Agreement confers substantial private benefits on Owner which should be balanced by commensurate public benefits. Accordingly, the parties intend to provide consideration to the public to balance the private benefits conferred on Owner by providing more fully for the satisfaction of the public needs resulting from the Project.
7.2 City Impact Fees. Subject to any fee credits set forth in this Article 7 or identified pursuant to any tentative map or parcel map approval, Owner shall pay to City the following public facilities and services impact fees, which shall constitute for purposes of this Agreement all Cityimposed fees included in this Agreement’s definition of Development Exactions, at the times provided therefore by applicable City ordinance or resolution:
7.2.1 Traffic Impact Fee. Owner shall pay the traffic impact fee (“Traffic Impact Fee”) in effect at the time that the building permit is issued for each dwelling unit, provided that the Traffic Impact Fees paid by Owner shall not exceed $15,000.00 for each dwelling unit.
7.2.2 Park Impact Fee. Owner shall pay the park impact fee (“Park Impact Fee”) in effect at the time that the building permit is issued for each dwelling unit, provided that the Park Impact Fee paid by Owner shall not exceed $6,000.00 for each dwelling unit.
In lieu of paying a Park Impact Fee for each dwelling unit, the Owner may design and fully construct publicly accessible parks included in the Mission Lakes Specific Plan, which shall be completed within eight (8) months of commencing park construction as set forth in Exhibit F, Park Improvements, incorporated herein by reference. All hardware or equipment supplied in
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS
THAT THE CREDITOR OR RELEASING PARTY DOES NOT
KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT
THE TIME OF EXECUTING THE RELEASE AND THAT, IF
KNOWN BY HIM OR HER, WOULD HA VE MATERIALLY
AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR
OR RELEASED PARTY.
BY INITIALING BELOW, OWNER HEREBY WAIVES THE PROVISIONS OF SECTION 1542 SOLELY IN CONNECTION WITH THE MATTERS WHICH ARE THE SUBJECT OF THE FOREGOING WAIVERS AND RELEASES:
Owner's Initials, Suburban Land Reserve, Inc.
erties California, LLC
Owner's Initials, Standard Ranch Investors LLC
ARTICLE 7. PUBLIC BENEFITS.
7.1 Intent. The parties acknowledge and agree that development of the Property will result in substantial public needs which will not be fully met by the Mission Lakes Specific Plan and further acknowledge and agree that this Agreement confers substantial private benefits on Ov.ner which should be balanced by commensurate public benefits. Accordingly, the parties intend to provide consideration to the public to balance the private benefits conferred on Owner by providing more fully for the satisfaction of the public needs resulting from the Project.
7.2 City Impact Fees. Subject to any fee credits set forth in this Article 7 or identified pursuant to any tentative map or parcel map approval, Owner shall pay to City the following public facilities and services impact fees, which shall constitute for purposes of this Agreement all Cityimposed fees included in this Agreement's definition of Development Exactions, at the times provided therefore by applicable City ordinance or resolution:
7.2.1 Traffic Impact Fee. Owner shall pay the traffic impact fee ("Traffic Impact Fee") in effect at the time that the building permit is issued for each dwelling unit, provided that the Traffic Impact Fees paid by Owner shall not exceed $15,000.00 for each dwelling unit.
7.2.2 Park Impact Fee. Ov,ner shall pay the park impact fee ("Park Impact Fee") in effect at the time that the building permit is issued for each dwelling unit, provided that the Park Impact Fee paid by Owner shall not exceed $6,000.00 for each dwelling unit.
In lieu of paying a Park Impact Fee for each dwelling unit, the Owner may design and fully construct publicly accessible parks included in the Mission Lakes Specific Plan, which shall be completed within eight (8) months of commencing park construction as set forth in Exhibit F, Park Improvements, incorporated herein by reference. All hardware or equipment supplied in 19
20 connection with the development of such parks shall be installed in accordance with City Standards or the manufacturer’s requirements, has been inspected for conformance with applicable codes and passed, and is ready for use by the City or the public in general.
7.2.3 Sewer Impact Fee. Owner shall pay the sewer impact fee (“Sewer Impact Fee”) in effect at the time that the building permit is issued for each dwelling unit, provided that the Sewer Impact Fee paid by Owner shall not exceed $10,000.00 for each dwelling unit.
7.2.4 Fire/Police Impact Fee. Owner shall pay the fire and police services impact fee (“Fire/Police Impact Fee”) in effect at the time that the building permit is issued for each dwelling unit, provided that the Fire/Police Impact Fee paid by Owner shall not exceed $5,000.00 for each dwelling unit.
7.2.5 Additional Impact Fees. Owner shall pay any additional impact fees, other than the City’s Traffic Impact Fee, Park Impact Fee, Sewer Impact Fee, and Fire/Police Impact Fee, which shall be defined as Additional Impact Fees, in effect at the time that the building permit is issued for each dwelling unit. These Additional Impact Fees may include but not be limited to the following fees, some of which may be adopted by City and become effective after the Effective Date, provided that the total of all Additional Impact Fees paid by Owner shall not exceed $20,000.00 for each dwelling unit:
i. Local Storm Drainage Collection Facilities;
ii. Water Storage and Distribution;
iii. Wastewater Collection Facilities;
iv. General Facilities (city hall, corporate yard, and municipal fleet); v. Aquatics Facilities;
vi. Public Use Facilities (community, senior, teen centers, et. al.); vii. Library Building and Collection;
viii. Park Land and Open Space Acquisition and Recreation Facilities; and ix. Development and any other infrastructure impact fees required by the City as allowed by Government Code §66000, et. seq. (often referred to as AB1600).
7.3 Non-City Impact Fees.
7.3.1 Public School Impact Fee. Owner shall pay all public school impact fees required by the Norris and/or Richland School District attributable to the Project as applicable.
7.4 Public Benefit Fee. Lennar Homes of California, LLC, as the developer affiliate of Millrose Properties California, LLC, shall pay to City a supplemental Public Benefit Fee of $1,000,000.00, to be payable in installments as follows: $100,000 payable to City within 90 days of the Effective Date of this Agreement, followed by four (4) subsequent annual payments of $225,000 to City, each made prior to each of the first four (4) anniversaries of the Effective Date.
7.5 Public Improvements.
7.5.1 Public Improvement Phasing Plan. Owner shall, at its sole cost, expense, and liability, construct and/or suitably guarantee the construction of those Public Improvements described by and depicted on the Public Improvement Phasing Plan included as Exhibit E to this