Cities Index.
Agenda, regular meeting, third session

California City City Council
January 14, 2025

Document
Agenda, regular meeting, third session
Meeting
January 14, 2025
Body
California City City Council
Pages
3
Original file
11.3 MB
Text extracted from the city's file for reading and search. Open the original on californiacity.granicus.com. That file is the official record.

CITY OF CALIFORNIA CITY
January 14, 2025
1 AGENDA

CITY COUNCIL/ HOUSING AUTHORITY/ SUCCESSOR AGENCY
REGULAR MEETING TUESDAY JANUARY 14, 2024 @ 5:00 PM

COUNCIL CHAMBERS & VIA ZOOM
21000 HACIENDA BLVD., CALIFORNIA CITY, CA 93505
If you need special assistance to participate in this meeting, contact the City Clerk at (760) 373-7140 or via email at [email protected]. We request a 24-hour notification prior to the meeting in order for the City to make reasonable arrangements to ensure accessibility. (28 CFR 35.102-35.104 American Disabilities Act Title II)
Zoom instructions and notes:

Web Link: https://us06web.zoom.us/j/89375781703
Meeting ID: 893 7578 1703

1. Public can dial into the Zoom line:
a.One tap mobile: +16694449171,87254527178# US
b.Dial the following number: +1 564 217 2000 US

2. Comments
a. Public must join Zoom meeting to comment
b. Keep your mic on Mute until you are requested to speak c. Use the “Raise your Hand” button to request to speak or, d. Send a chat request to City Clerk for request to speak e. When requested to speak state your name for the record f. Re-mute when your time to speak has ended
Marquette Hawkins
MAYOR
Michael Kulikoff

MAYOR PRO TEM
Jesse Hightower
Michael Hurles
Ronald Smith

COUNCIL MEMBERS
Latisha Lamberth

ACTING CITY MANAGER

CITY OF CALIFORNIA CITY
January 14, 2025
2 Public is urged to listen to the meeting in a quiet place, to avoid background noise. We also request public to MUTE your audio device when not commenting to avoid disruption during meeting.
**Please take this time to turn off your cell phones ** CLOSED SESSION 4:00PM

CALL TO ORDER

ROLL CALL
Councilmembers: Hightower, Hurles, Smith, Mayor Pro Tem Kulikoff, Mayor Hawkins

APPROVAL OF AGENDA

PUBLIC COMMENT
Members of the public are welcome to address the City Council ONLY on those items listed on the Closed Session agenda. Each member of the public will be given (3) three minutes to speak

CLOSED SESSION
CS 1. CONFERENCE WITH LEGAL COUNSEL – POTENTIAL LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9 (d) (2)
Number of Matters- FOUR (4)
CS 2. CONFERENCE WITH LEGAL - PURSUANT TO GOVERNMENT CODE SECTION 59457 –
POSITION: INTERIM/ACTING CITY MANAGER
CS 3. CONFERENCE WITH LEGAL- EXISTING LITIGATION(s)- Pursuant to California Government Code Section 54956.9- Number of Matters- THREE (3)

1. Zheng, et al. v. City of California City, Kern Superior Court BCV-22-103326.

2. Boston and Duque v. City of California City, Kern Superior Court BCV- 22-101398 and Fifth Appellate District Case No. F086872

3. California City Police Officers Association v. City of California City, PERB Case No. LA-CE-1668-M

REPORT OUT OF CLOSED SESSION

CITY OF CALIFORNIA CITY
January 14, 2025
3 CITY COUNCIL CONVENES TO SPECIAL MEETING
REGULAR MEETING 5:00PM

CALL TO ORDER

PLEDGE OF ALLIGENCE / INNVOCATION

ROLL CALL
Councilmembers: Hightower, Hurles, Smith, Mayor Pro Tem Kulikoff, Mayor Hawkins

DEPARTMENTAL REPORTS
Housing Public Works
Finance Parks
OHV Planning

CITY CLERK REPORTS/RECEIVED COMMUNICATIONS
December 2, 2024- City Financal Summary Continues Excessive Spending.

January 1, 2025- California City’s American Community Survey Results 2019-2023 Reveals a Designation as a Severely Disadvantaged Due to income Stagnant Median Household Income.

January 2, 2025- California City’s Borderline Severely Disadvantaged Community Status Verses State and Federal Low Income and Poverty Levels.

January 3, 2025- Cal City Single-Family Home Sales in Decline, Housing Vacancy Rate at 10.9%

CIVIC/COMMUNITY/ORGANIZATION ANNOUNCEMENTS

PRESENTATIONS
· Officer Recognition/Awards- PUBLIC SAFETY DIRECTOR, JUSTIN VINCENT · LVT Security Solutions- GREG MILLS

PUBLIC COMMENT
This portion of the meeting is reserved for the public to address the City Council on any matter NOT on this agenda and over which the City Council has jurisdiction. Please state your name for the record and limit your comments to (3) three minutes. The City Council will receive the comments but cannot engage in back-and- forth discussion with the public or make any decision.

The City Council can direct staff to bring the item back to a future agenda for discussion.

CONSENT CALENDAR

WAIVER OF FULL READING OF RESOLUTIONS AND ORDINANCES
Consideration to waive full-text reading of all Resolutions and Ordinances by single motion made at the start of each meeting, subject to the ability of the City Council / Agency to read the full text of selected resolutions and ordinances when the item is addressed by subsequent motion. All items on the consent calendar are considered routine, and noncontroversial and will be approved by (1) one motion if no member of the council, staff, or public wishes to comment or ask questions. Public comments are to be limited to (3) three minutes. Roll call vote required.

CITY OF CALIFORNIA CITY January 14, 2025
4 CC1. Approve City Check Register dated 12/24/2024-01/09/2025 CC2. Staff Report: INGE ELMES – OHV Manager
Subject: Purchase of Grant Funded Skid Steer for the OHV Program Recommendation: Staff recommends that the City Council approve purchase of 2024 325G Compact Track Skid Steer in the amount not to exceed grant funding of $96,855.00 which includes a $20,000.00 match.

CC3. Staff Report: INGE ELMES- OHV Manager
Subject: Purchase of Grant Funded Big Tex Dump Trailer
Recommendation: Staff recommends that the City Council approve quote from The Trailer Zone in the amount of $11,407.09 and not to exceed grant funding award of $15,000.00 CC4. Staff Report: JOE BARRAGAN- Public Works Director
Subject: NOTICE OF COMPLETION – SB1 Redwood Blvd S Frontage Rd Rehabilitation Project from Graham St to 88th St. Project
Recommendation: Motion to accept the completed work by Griffith Company for the SB1 Redwood Blvd S Frontage Rd Rehabilitation Project from Graham St to 88th St and authorize the City Clerk to file the Notice of Completion with the Kern County Recorder CC5. Staff Report: JOE BARRAGAN- Public Works Director
Subject: NOTICE OF COMPLETION – Tierra del Sol Backflows Preventers Replacement Project Recommendation: Motion to accept the completed work by David’s Plumbing for Tierra dell Sol Backflows Preventers Project and authorize the City Clerk to file the Notice of Completion with the Kern County Recorder.

CC6. Staff Report: JOE BARRAGAN-Public Works Director
Subject: SCBAs for the Wastewater Treatment Plan (WWTP) Recommendation: Staff recommends that the City Council approve the purchase of two SCBAs to satisfy CalOsha regulations. The council can approve the purchase of the new SCBAs or the demo units for less; either one will work for Staff.

CITY MANAGER REPORT
Oral Report

CONTINUED BUSINESS
CB1. Staff Report: Joaquin Vazquez- Special Outside Counsel (Hensley Law Group) Subject: Adoption of Two Resolutions Memorializing the City Council’s Determination of Cannabis Business Taxes Respectively Owed by Herbs Cali Krush, Inc. and Regal Green Remedies, Inc. Pursuant to Each’s Duly Conducted Appeal Hearing Recommendations:

1. Adopt the proposed resolution memorializing the City Council’s minute order determination for Herbs Cali Krush, Inc.’s October 28, 2024, appeal hearing that Herbs Cali Krush, Inc. must pay $26,172.72 to the City pursuant to the terms therein.

2. Adopt the proposed resolution memorializing the City Council’s minute order determination for Herbs

CITY OF CALIFORNIA CITY
January 14, 2025
5 Cali Krush, Inc.’s November 4, 2024, appeal hearing that Regal Green Remedies, Inc. must pay $15,691.04 to the City pursuant to the terms therein.

3. Alternatively, discuss and take other action related to this item.

CB2. Staff Report: Karin Schambeck - Assistant City Attorney Subject: Reinstatement of Planning Commission

NEW BUSINESS
NB1. Staff Report: INGE ELMES- OHV Manager
Subject: Purchase of Additional Cameras for Borax Bill Park Recommendation: Council to approve quote from Digitech for $4,420.00 NB2. Staff Report: VICTOR PONTO- City Attorney
Subject: Professional Services Agreement for Executive Management Consultant Recommendation: Staff recommends that the City Council: (1) take action to approve the proposed Agreement, and (2) direct the City Attorney to execute the Agreement on behalf of the City NB3. Staff Report: LATISHA LAMBERTH- Acting City Manager Subject: Request for Council Approval to Engage Diamond IT for Security Monitoring at the Public Works Yard
Recommendation: Given the urgency and necessity of enhanced security at the Public Works Yard, I recommend that the council approve the engagement of Diamond IT. Their expertise and the proposed system will significantly enhance our security infrastructure and deter future incidents NB4. Tentative Council/Committee Assignments – MAYOR HAWKINS COUNCILMEMBER COMMENTS, AGENDA REQUESTS, AND AB1234 REPORTS This portion of the meeting is reserved for council members to present information, announcements, and items that have come to their attention. The Brown Act precludes Council, staff, or public discussion. Short staff responses are appropriate. The Council will take no formal action. A Council member may request the City Clerk to calendar an item for consideration at a future meeting or refer an item to staff.

MAYOR HAWKINS

1. Cell phones need to be left with City Clerk before meeting. · Council members should be advised that there is risk involved in using cell phones during meetings.

Parking cell phones with the city clerk would be an ideal solution in case of an emergency

2. Language and professionalism during meetings (public, staff and councilmember

3. Agenda preparation must read before meeting otherwise should abstain from voting. · Raising Chamber Decorum (Items 2 & 3)

CITY OF CALIFORNIA CITY
January 14, 2025
6 · Suggestions to improve the level of decorum in the chamber during meetings

4. Agenda organization
· Item 4 falls under the discretion of the city manager.

5. Presentations must be prescreened by City Manager ( 1 per regular council meeting)(the company requested on the next agenda, was not prescreened by me)
· Prescreening agenda, needs to be prescreened by city manager.

6. Agenda item limits

7. Meeting time limits 6pm not later than 9:30pm
· Item 7 requires coordination between the mayor and the city manager.

8. Motion limitation
· Policy and Resolutions
· Resolution Introduction
· Item 8 requires a staff report and should be introduced as a resolution.

9. Townhall meetings
· Rosenberg’s Rules of Order- A suggestion to enhance meeting procedures.

10. Agenda posting deadline (post reg as soon as they are prepared) · Regular meeting agendas should be posted by the Friday before the meeting or as soon as they are complete, whichever comes first. Additional items can be added via addendum if needed.
· Item 10 should be worked out jointly by the council and city manager

11. Audio & Equipment (fix all audio, test system at least 20 min prior meetings) · The Granicus team suggests the issue may involve transcoding or file types.

Testing the system periodically is recommended.

12. Meeting minutes

13. Neutral evaluation and audits (city council operation) · A suggestion based on public feedback

14. Dress code (council members business casual attire) · Item 14 should be revisited at a later date

15. Resolve SDI funds issues.

16. Assigning committees
· Item 16 requires an update on the process. Alternate perspectives need resolution, and a staff report may be necessary.

17. Rewording close session as a matter of priority
· Suggest refining the wording of closed session titles to provide more clarity without exposing risk. Recommended for the city attorney and city manager.

18. Volunteer army clean up, to help clean up the city.

19. Bringing back planning commission
· If unresolved, this item should be added to the agenda with a staff report.

Meetings should be scheduled, and new members selected if necessary.

CITY OF CALIFORNIA CITY January 14, 2025
7 20. Ethics and customer service training for all staff (employees and council) · This item will be tabled for the new city manager.

21. City attorney (cases we have in litigation)
· The city attorney is working on providing this information to the council

COUNCILMEMBER HIGHTOWER

1. Total Solutions for Ethics, Sexual Harassment Training

2. List of Vacancies each dept, positions occupied (numbers) last year.

3. Ride along w every department, water, sewer, fire department, dial a ride.

4. ICS courses, NIMS Courses. (700,800)

5. Discussion seek different representation for the city

ADJOURNMENT

AFFIDAVIT OF POSTING
I, Leanndrea Weible, Acting City Clerk for the City of California City, California, DO HEREBY CERTIFY that the foregoing notice was posted on all official City bulletin boards and the City’s website at least 72 hours prior to the meeting in compliance with the provisions of the Brown Act.

January 11, 2025
DR. HOUSING

COUNCIL AGENDA ITEM
January 14, 2025
PREPARED BY: Nicole Jarmon-Simmons/ Housing Manager
SUBJECT: Desert Jade & Legends Housing

BACKGROUND/ DISCUSSION
Desert Jade
Currently 94 apartments are filled.
2 units are undergoing minor repairs to become rentable The waitlist currently has 63 applicants.

Legends
Currently has 5 apartments and 6 houses filled.
1 house ready to be rented reviewing applications
1 apartment will be undergoing minor repairs to be rentable Waitlist is combined with Desert Jade
California City California City
Fund Balance @ 11/30/2025 Fund Investment @ 11/30/2025
Row Labels Fund Bal Row Labels Fund BalAirport ‐$1,217,978.29 * All ‐$15,931,907.16 Aspen $174,886.13 Cash Allocated to Other Funds ‐$15,931,907.16 DAR ‐$1,406,003.34 * All2 $15,931,907.16
GF $10,637,050.30 * Accounts Rec Cash Clearing ‐$155.95 GF‐OHV G ‐$1,439,813.82 * Business License Cash Clearing ‐$21,497.53 GF‐OHV P $161,108.14 Cannabis ‐ Bank of the Sierra $248,696.66 GF‐PS FD $279,135.72 Checking ‐ Bank of the Sierra $3,101,539.98 GF‐PS FD Prop 64 ‐$253,935.59 * Kern County Investment Pool $4,382,993.32 GF‐PS PD ‐$2,342,075.62 * Local Agency Investment Fund $7,383,445.21 GF‐Str ‐$2,668,380.07 * Multi‐Bank Securities $988,280.38 GF‐TDS ‐$3,177,745.18 * Utilities Cash Clearing ‐$151,394.91 Housing ‐$715,986.06 Grand Total $0.00
Reserves FD $400,000.00Reserves GF $3,000,000.00Reserves PD $356,526.12Restricted Funds $4,282,221.40SDI ‐$114,267.43Sewer $3,647,380.34Successor ‐$182,320.58Water $6,512,104.99Grand Total $15,931,907.16 ‐$1,868,881.61 * Represents available general fund related cash balances as of report date M:\Monthly Financials\05‐Nov 2024\Fund Balance Recon 11.30.24 DR- Finance

DR- OHV

COUNCIL AGENDA ITEM
DECEMBER 2024
PREPARED BY: Inge Elmes, OHV Manager

SUBJECT: OHV MONTHLY DEPARTMENT REPORT
Events
Thanksgiving holiday brought out an estimated 405 visible RV groups. The weather was great, and it was an overall successful holiday. The next holiday staff will be preparing for is New Years.

Operations
Borax Bill Park Visitor Center will be open the following hours for New Years:
· 12/27 – 12/31: 7am – 11pm
· 1/1/25: 8am – 4pm
· 1/2/25: Closed
Manager Updates
Staff is working on closing out G23 grants.

Finance Report
For the month of November, OHV sales totaled $57,098.00 . These numbers are actuals and reflect only amounts received within each month. Please refer to Monthly Permit Sales report for FY totals. *Not all proceeds are deposited in the same month.
**OHV sales are deposited to specific OHV Permit Program GL revenue codes #29-3992 through #29-3998. Please refer to the financial statement for details. ***Some merchandise was purchased by staff at a discounted rate. All sales for merchandise are allocated to GL revenue code 29-3691.

DR- OHV

COUNCIL AGENDA ITEM
JANUARY 2025
PREPARED BY: Inge Elmes, OHV Manager

SUBJECT: OHV MONTHLY DEPARTMENT REPORT
Events
Due to inclement weather and New Years falling mid-week, New Years brought out a smaller influx this year. There were 207 visible RV groups at the peak of the holiday. The next major holiday staff will be preparing for is President’s Day which historically brings out a large influx of OHV enthusiasts.

Operations
Staff continues to maintain roads and trails, park amenities, and assist OHV visitors at the Borax Bill Park Visitor Center.

Manager Updates
Staff has successfully closed out completed G23 grants. A total amount of approximately $610,000.00 is due back to the city in reimbursement funding. Open grants include the G23 Development grant, and G24 Ground Operations, G24 Education & Safety, G24 Planning, and G24 LE grants. These grants will close September of 2025 with the exception of the development and planning grants are in a 3-year grant cycle. There is a 120-day period after the close of each grant and reimbursements are received by the city within six months after 120-day period closes.

Finance Report
For the month of December, OHV sales totaled $18,569.00 . These numbers are actuals and reflect only amounts received within each month. Please refer to Monthly Permit Sales report for FY totals. *Not all proceeds are deposited in the same month.
**OHV sales are deposited to specific OHV Permit Program GL revenue codes #29-3992 through #29-3998. Please refer to the financial statement for details. ***Some merchandise was purchased by staff at a discounted rate. All sales for merchandise are allocated to GL revenue code 29-3691.

DR- OHV ANNUAL

COUNCIL AGENDA ITEM

JANUARY 14, 2025
PREPARED BY: Inge Elmes, OHV Manager

SUBJECT: OHV 2024 ANNUAL REPORT
___________________________________________________________________ Overview
Permit Sale quantities have been totaled for the period of January 1, 2024 – December 31, 2024. These numbers are derived from the OHV Department’s monthly permit sale reports.

List of Items Quantities Sold
Single Permits 2349
Small Family Pack 308
Large Family Pack 99
OHV 4 Pack 319
RV Passes 274
Single Dump Passes 301
Single Water Passes 230
Additional permits 136
______________________________________________________________________________ A visual count is completed at the peak of each holiday weekend. Each count includes a campsite of approximately 4-10 RV’s/Trailers at each campsite. Each trailer will bring approximately 4-6 visitors. These figures are a best estimate and not actuals. Please refer to attached Annual Visitor Counts Report for holiday data and comparisons.

Date of Count Group Counts RV/Trailer Estimates Visitor Estimates Holiday 02/17/2024 315 1260 – 3150 5040 – 18900 Presidents Day
03/30/2024 22 88 – 220 352 - 1320 Easter
05/25/2024 33 132 – 330 528 – 1980 Memorial
08/31/2024 22 88 – 220 352 – 1320 Labor Day
10/12/2024 28 112 – 168 448 – 1008 Columbus Day
11/30/2024 405 1620 – 2430 6480 – 14580 Thanksgiving
12/28/2024 207 828 – 1242 3312 – 7452 New Year

OHV ANNUAL VISITOR COUNTS
FY - 2020 FY - 2021 FY - 2022 FY - 2023 FY - 2024
RV Campsite Counts
President's Day Holiday 114 266 243 250 315
Easter Holiday Closed due to Covid 62 54 41 22
Memorial Day Holiday Closed due to Covid 68 39 42 33
Labor Day Holiday 34 28 35 29 22
Columbus Day Holiday 28 42 31 43 28
Thanksgiving Holiday 498 645 342 410 405
New Year's Holiday 382 482 292 315 207
Total RV visible campsites 1056 1593 1036 1130 1032
Notes: A visual count is completed at the peak of each holiday weekend. These counts are completed by staff and volunteers from Twenty Mule Team Parkway and campground visits. Each count includes an RV group site of approximately 4 -10 Recreational Vehicles. Each RV will bring approximately 4 - 6 visitors.

These figures are a best estimate and are not actuals.

Public Works Monthly Council Report
Decmeber 31, 2024
Desert Clean Up Crew FY Total DecemberTotal
Total Work Orders: 187 53
Closed Work Orders: 187 53
Open Work Orders: 0 0
Dial-A-Ride FY Total DecemberTotal
Regular Fares $ 3,824.00 $ 786.00
Seniors/Disabled/Children $ 2,379.00 $ 622.00
Desert Jade $ 233.00 $ 62.00
Total Fares $ 5,722.00 $ 1,470.00
Number of Riders 2,263 1046
Number of Operating Days 34 15
Street Department FY Total DecemberTotal
Total Work Orders: 380 77
Closed Work Orders: 380 77
Open Work Orders: 0 0
Asphalt Patch(s) sq.ft.: 12,000 80
Pot Hole Repair(s) p.h.: 3,354 990
Water Department FY Total DecemberTotal
Total Work Orders: 204 43
Closed Work Orders: 204 43
Open Work Orders: 0 0
Meter Replacement(s): 0 0
New Meter Installments (Service): 6 1
New Main Water Line Extension (linear feet): 0 0
Main Water Line Replacement(linear feet): 0 0
Main Sewer Line (linear feet): 0 0
Water Service Line (linear feet): 41 9
Standby Callouts: 209
Citizen Complaints: 63 25
*Information found in this report is based on the following dates:
*Monthly* December1, 2024 through December31, 2024.
* Fiscal Year* July 1, 2024 through June 30, 2025
DR: Parks

DATE: January 14, 2025
TO: Mayor and City Council
FROM: Recreation Coordinator – Leanndrea Weible
SUBJECT: Departmental Report for the Month of January
Operations:

The Parks and Recreation Department is continuing to operate with very limited staff and as such have needed to reduce the gyms hours of operation. As of now, the Strata Center is open on Tuesdays, Wednesdays, and Thursdays with hours varying from 12pm-5pm and Saturdays 10am-4pm.

Programming:

Ø Holy Scriptures Church Service- Sunday Mornings in the Art Center Updates:

Ø Balsitis Park Project has been completed and Staff is planning to have a ribbon-cutting ceremony soon.

Ø Skate Park is progressing and is expected to be completed no later than May 2025.

Ø Splash Pad is on track with the first day of construction scheduled for Monday January 13, 2025.

DR. PLANNING

CITY COUNCIL MEETING
JANUARY 14, 2025
FROM: PLANNING DEPERTMENT
SUBJECT: MONTHLY PLANNING DEPARTMENTAL REPORT
 Consultant Planner: Anu Doravari
 Planning Admin: Lilia Garcia
This report includes the following items:

A. Active Planning Projects under Review and Upcoming Projects B. Financial Report for November & December 2024
Active Projects
Here's the table filled out properly:

Project Code Project
Name/Description Project Type Location Status
SPR 17-80 E Farms LLC Cannabis Facility
62350
Lindberg
Blvd
CEQA Re-submitted
SPR 22-49 MGGM SHULO Cannabis Facility Isabella
Blvd Staff review underway
LEAP Invoice Federal Grant Federal Grant NA
Invoices were
submitted for the
Housing Element
study.

LEAP Closeout
Memo Federal Grant Federal Grant NA
The staff is preparing a
detailed memo
outlining how the
housing element aligns
with the General Plan.

RHNA – Needs
Allocation table Needs Assessment Housing Policy/Analysis NA Analyze data from the
building department to
create a
comprehensive
housing needs
assessment table.

TTAC Meetings
Regular
Coordination
Meetings
Interagency
Coordination NA
Attending monthly
meetings with County
representatives to stay
informed about
upcoming state and
Project Code Project
Name/Description Project Type Location Status
federal grant
opportunities.

Fiscal Year 2025
Community
Pedestrian and
Bicycle Safety
Program
(CPBSP)
application
Application
Submission
Transportation
Grant NA
Staff has submitted an
application to this
program.

Housing Element
Draft Policy Document Housing Policy/Document NA
Public review period
complete. Submitted
to HCD.

UPCOMING PROJECTS
Project
Name/Description Project Type Status
Scott Molloy Solar Project Initial Project discussion
Hal Aaron Project Mixed use Housing and grocery Project review and discussions with legal and HCD
Emergency
Communications Tower
Emergency Communications
Tower – Kern County
Conditional Use Permit
Application expected shortly
IWVGA Pipeline Replacement Conditional Use Permit / SPR Application end of January
Baker Energy Solar Project
Conditional Use Permit
Application expected after ESA
is executed
Tiana Wong Renewable Energy Facility Initial Project discussion Michael Hitti
Mediterranean Restaurant and
Ice cream shop “La
Michoacana”
Application expected by end of
the month as of communication
from Jan 2, 2025.

B. Financial Report – November & December 2024
Details of the financial report for November 2024 and December 2024 highlighting revenue, expenses, and any notable financial activities or changes.

CC1

CC 2

COUNCIL AGENDA ITEM

JANUARY 14, 2025
PREPARED BY: Inge Elmes, OHV Manager

SUBJECT: Approve Purchase of Grant Funded Skid Steer for the OHV Program Background:

The city of California City received grant funding through the OHMVR Division grant program for the purchase of a John Deere 2024 325G Compact Track Skid Steer to be used for the OHV ground operations grant program. Included in this grant funding are HD Fork attachment.

This piece of equipment will replace the forklift that is out of commission and no longer operable according to CARB (California Air Resource Board) regulations on Off Road Diesel heavy equipment. This unit will also assist with maintenance of roads, trails, and Borax Bill Park grounds that the larger grader cannot address.

The following quotes were obtained through three different local heavy equipment vendors. Coastline Equipment was able to provide the best pricing and within grant funding budget. · Coastline Equipment $ 93,735.75
· Pape Machinery $ 99,602.92
· Quinn Caterpillar $113,405.70
The total purchase price for the Coastline Equipment quote includes HD Fork attachments, 2-year warranty and free delivery. Extended warranty may be purchased for an additional 2 years for $2156.00.

The funds for this unit are included in the proposed FY 24/25 budget.

Recommendation:

Staff recommends that the City Council approve purchase of 2024 325G Compact Track Skid Steer in the amount not to exceed grant funding of $96,855.00 which includes a $20,000.00 match.

Fiscal Impact:

Purchase will be allocated in the amounts of $76,855.00 to GL code 16-4253-740 and $20,000 to GL code 29-4219-740.

Attachments:

Quotes

Date: 06 December 2024 Offer Expires: 31 December 2024
Confidential
Quote Id: 32072070
Prepared For:

CAL CITY OHV
Prepared By: JOSEPH ST. ANGELO
Pape Machinery, Inc.
3000 San Antonio Drive
Fowler, CA 93625
Tel: 559-834-4774
Fax: 559-834-4754
Email: [email protected]
Salesperson : X ______________ Accepted By : X ______________ Confidential
Quote Summary
Prepared For:

CAL CITY OHV
CA
Prepared By:

JOSEPH ST. ANGELO
Pape Machinery, Inc.
3000 San Antonio Drive
Fowler, CA 93625
Phone: 559-834-4774
[email protected]
This sale is subject to Papé’s Terms and Conditions of Sale effective on the date hereof, which are incorporated in full by this reference. The Terms and Conditions of Sale are available at www. pape.com/terms , and will also be sent by mail or e-mail to the purchaser upon request.

Quote Id: 32072070
06 December 2024
06 December 2024
Created On:

Last Modified On:

Expiration Date: 31 December 2024
Equipment Summary Qty Extended
JOHN DEERE 325G Compact Track
Loader
1 Equipment Total $ 92,174.28
Quote Summary
Equipment Total $ 92,174.28
Loan Doc Fees $ 750.00
SubTotal $ 92,924.28
Sales Tax - (7.25%) $ 6,682.64
Total $ 99,606.92
Down Payment (0.00)
Rental Applied (0.00)
Balance Due $ 99,606.92
Selling Equipment
Quote Id: 32072070
Confidential
JOHN DEERE 325G Compact Track Loader
Hours:

Stock Number:

Code Description Qty
00D2T 325G Compact Track Loader 1
Standard Options - Per Unit
170K JDLink™ 1
0770 Cab/Heat/AC, Power QT, Hi Flow, SL
& RC, 2Spd, LED Lights, Rev Fan,
Chrome, Heat Seat, Radio
1 0953 ISO-H Switchable Controls and EH
Joystick Performance Package
1 1301 Engine - Turbocharged - FT4 1
1501 English Operator's Manual and Decals 1
2550 Zig-Zag Bar Tread Pattern - 12.6 in.
(320 mm) Tracks
1 4003 3-Inch Seat Belt with Shoulder Harness 1
6006 Air Suspension Seat (Cloth with Heat) 1
8042 Rear View Camera 1
8060 Engine Air Precleaner 1
8305 Counterweight, (Double Set) 1
8380 Footrest with Floormat 1
8525 Cab Severe Duty Polycarbonate Door 1
9052 78 in Heavy Duty Construction Bucket
(19.4 cu ft) w/ Edge
1 Quote 181695-01

Page 1 of 3 ends

181695-01
Dec 04, 2024

CITY OF CALIFORNIA CITY
Attention: Account Payable
21000 HACIENDA BLVD
CALIFORNIA CITY, California 93505-2259
Dear Sir,
We would like to thank you for your interest in our company and our products, and are pleased to quote the following for your consideration.

One (1) New Caterpillar Inc. Model: 299D3 Compact Track Loader STOCK NUMBER: NS0022914 SERIAL NUMBER: 0P3R04755 YEAR: 2024 We wish to thank you for the opportunity of quoting on your equipment needs. This quotation is valid for 30 days, after which time we reserve the right to re-quote. If there are any questions, please do not hesitate to contact me.

Sincerely,
Daniel Eckels
Machine Sales Representative
Quote 181695-01

Page 2 of 3 ends

One (1) New Caterpillar Inc. Model: 299D3 Compact Track Loader

MACHINE SPECIFICATIONS
299D3 COMPACT TRACK LOADER 597-4541
LANE 3 ORDER 0P-9003
CAB PACKAGE, ULTRA 588-9140
HYDRAULICS, PERFORMANCE, (H3) 512-4414
CONTROL, ISO, PROP, WT 512-4115
LIGHTS, LED 495-1671
RUBBER BELT, 2 SPD, TF IDLERS 357-0240
ROPS, ENCLOSED WITH A/C (C3) 512-3368
DISPLAY, ADVANCED, LCD, CAMERA 465-3705
FAN,COOLING, DEMAND, REVERSING 579-8782
SEAT,AIR SUSPENSION,CLOTH,HEAT 536-9738
FILM,TWO SPEED W/HIGH FLOW XPS 568-4704
STANDARD RADIO(12V),BLUETOOTH 345-6180
TRACK,RUBBER,400MM(15.7IN)BLCK 389-7673
RIDE CONTROL 512-3491
BATTERY,HD,DISCONNECT, 850 CCA 568-5614
REAR LIGHTS 356-6082
DEBRIS MGMT PKG, NONE (DM0) 512-4089
DOOR, CAB, POLYCARBONATE 586-1308
SEAT BELT, 3'' 542-6995
PRODUCT LINK, CELLULAR PL641 573-8121
QUICK COUPLER, HYDRAULIC 512-3401
CERTIFICATION ARR, P65 563-1163
INSTRUCTIONS, ANSI, USA 512-4284
SERIALIZED TECHNICAL MEDIA KIT 421-8926
COUNTERWEIGHT,MACHINE,EXTERNAL 345-5148
MOUNTING, FIRE EXTINGUISHER 563-7518
FILM, SELF LEVEL, ANSI 435-9238
FILM, RIDE CONTROL, ANSI 422-3445
SHIPPING/STORAGE PROTECTION 0P-2266
PACK, DOMESTIC TRUCK 0P-0210
BUCKET-GP, 86'', BOCE 642-4160
CARRIAGE, PAL C2, 46'', SSL 351-9371
FORK, PAL C2, 48'' X 4'' X 1.6'' 195-8545
Quote 181695-01

Page 3 of 3 ends

Sell Price $150,555.11
Sourcewell Contract #020223-CAT ($30,894.99)
Additional Discount ($13,920.54)
Net Balance Due $105,739.58
Sales Tax (7.25%) $7,666.12
After Tax Balance $113,405.70

WARRANTY & COVERAGE
Standard Warranty: 24 Month/2,000 Hour Full Machine
F.O.B/TERMS:

City Yard/NET 30

ADDITIONAL CONSIDERATIONS
• Machine in stock and currently available.

Accepted by___________________________________ on ____________________ ______________________________
Signature
CC 3

COUNCIL AGENDA ITEM
January 14, 2025
PREPARED BY: Inge Elmes, OHV Manager

SUBJECT: Approve Purchase of Grant Funded Big Tex Dump Trailer Background:

The city of California City received grant funding for the purchase of a 2024 Big Tex Dump trailer to be used for the OHMVR Division ground operations grant program.

This unit will be specifically used to assist in trash haul and clean up within the OHV riding areas. Throughout the years, there has been an increase in trash dumping in the second community. Current OHV fleet trucks must make multiple trips as the dumping has increased to larger and bulkier items. Trash clean-up is a large role within the ground operation grant project agreements. The addition of a dump trailer will assist the ground crew greatly in meeting grant obligations.

The following quotes were obtained from three local trailer vendors. · Trailer Super Store $13,648.16
· Big Tex Trailer World $12,956.30
· The Trailer Zone $11,407.09
Recommendation:

Staff recommends that the City Council approve quote from The Trailer Zone in the amount of $11,407.09 and not to exceed grant funding award of $15,000.00.

Fiscal Impact:

Purchase will be allocated in the amount of $11,407.09 to GL code 16-4253-740. No match is required.

Attachments:

Quotes

Trailer Super
Store
4519 Sierra
Highway
Acton, California
93510
(661) 233-1166
Quote
Invoice # : TSS005308
Sales person : Maria Espindola
Delivery Date : 01/08/2025
Date : 01/08/2025
Name Phone Address City, state, Zip
Buyer: CALIFORNIA CITY (760) 338-9102
Unit Information
VIN:

Year : 2023 New
Make : Big Tex Trailers
Stock :10LXTBD
Model :10LX-12
Color :

Price $12,000.00
(Discount) $0.00
Subtotal $12,000.00
Fees Title Qty Unit Price($) Discount($) Subtotal
FREIGHT/ DESTINATION 1.000 $550.00 $0.00 $550.00
DMV 1.000 $130.00 $0.00 $130.00
CA TIRE FEE 4.000 $1.75 $0.00 $7.00
DOC FEE 1.000 $85.00 $0.00 $85.00
SubTotal $778.16
Unit Total Additionl Items F&I Packages Trade-In Sales Tax FET (12%) Totals $12,000.00 $772.00 $0.00 $0.00 $876.16 $0.00 $13,648.16 Buyer Signature - Payments Received $0.00
Customer Credit $0.00
Remaining Balance $13,648.16
1/8/25, 11:51 AM Document
https://dashboard.transax.com/unit-sales/print/5308?type=quote 1/1

Page 1 of 2 ends

Total Tax $866.30
Invoice Total $12,956.30
Less Deposit $0.00
Due Upon Delivery $12,956.30
Tendered $0.00
Balance Due $12,956.30
Big Tex CA
1425 E 6TH STREET
BEAUMONT CA 92223 ,
(951) 845-0965
Bridgette Porter
[email protected]
Invoice
Billing Info Client Info Deal #:276218
Buyer CITY OF CALIFORNIA

CITY OHV DEPARTMENT
Billing Address
7800 Moss Avenue
California City, CA 93505
(H) 7603737297
(C) 7604601214
Buyer CITY OF CALIFORNIA

CITY OHV DEPARTMENT
Mailing Address
(H) 7603737297
(C) 7604601214
Stock # R5336799
Delivery Date
TS Ref# a13UP00000NLh38YAD
Customer PO Number
Trailer Information
VIN
16V1D1623R5336799
Year
2024
Make
Big Tex
Model
10LX-12BK6SIR
Color
Black
GVWR
9990
Capacity
6240.00
Empty Weight
3750.00
Body Style
DUMP
Trailer Price $11,144.00
After Market Items
[QTY:1] OT:6750143 COUPLER SNAPPER PIN 1 4 (T) $1.00
[QTY:1] OT:9400407-TT ST225RLRD-156BM655 (T) $220.00
[QTY:1] OT:6900136 Dump Tarp System-Pole, Roller, Mounting Kit, 7x14 Tarp (T) $320.00 Sub Total $541.00
Fees
Battery Fee Battery Fee $2.00
Title Fee Title Fee $24.00
Registration Fee Registration Fee $23.00
Prep Fee Prep Fee $85.00
Dealer Documentation Fee Taxable Dealer Documentation Fee Taxable (T) $55.00 Waste Tire Fee Waste Tire Fee $7.00
TRAILER THEFT 5000 EXT SVC CON TAXABLE Theft Coverage - 5000 - Taxable (T) $209.00 Sub Total $405.00
Totals $12,090.00

Page 2 of 2 ends

CITY OF CALIFORNIA CITY OHV DEPARTMENT Bridgette Porter Purchaser's Signature Approved By:

Co-Purchaser's Signature
Scan & Review
Thank you for your purchase.

Tell us how we did and scan the code below on your mobile device to write a Google Review.

Google Review

VEHICLE INFORMATION

PURCHASE - NEW TRADE-IN(S)
Stock Number: 41619
VIN: 16V1D1620R5341619
Year: 2024
Make: BIG TEX
Model: 10LX-12
Body Style: UTILITY
Odometer:

Seller Signature: Title: Date:

BUYER CO-BUYER INSURANCE
Name:

Address:

County:

Home Phone:

Cell Phone:

Work Phone:

Email:

CITY OF CALIFORNIA CITY
21000 Hacienda Blvd
CALIFORNIA CITY, CA 93505
KERN
(760) 373-7297
CA
ANNUAL
% RATE

0.00 %

FINANCE
CHARGE
$0.00
AMOUNT

FINANCED
$11,407.09

TOTAL OF

PAYMENTS
$11,407.09
TOTAL

SALE PRICE
Down: $0.00
$11,407.09

ITEMIZATION OF AMOUNT FINANCED BREAK DOWNS PAYMENT SCHEDULE Vehicle Sale Price: $10,499.00
Document Processing Charge: $85.00
Sales Tax @ 7.2500%: $767.34
Subtotal: $11,351.34
Electronic Filing Fee: $0.00
License Fees: $47.00
Official Fees: $8.75
Total: $11,407.09
Cash Down: $0.00
Total Downpayment: $0.00
Amount Financed: $11,407.09

LICENSE FEES
Base DMV Fee: $47.00
Add On Amount: $0.00
Total: $47.00

OFFICIAL FEES
Tire Fee: $8.75
Total: $8.75
1 Monthly Pmt @: $11,407.09
Due On: 01/08/2025
items marked with * are estimated
THETRAILERZONE.COM
34395 Mission Trail Wildomar, CA 92595
Phone: (951) 970-6750 Salesperson: Today's Date: 01/08/2025 Fax: (951) 344-8286 F&I Manager: Deal Date: 01/08/2025
Provider of this form makes no warranty, express or implied, as to content or fitness for purpose of this form. Consult your own legal counsel. (800) 284-8469 www.dataconsultants.com
This is a non-binding proposal. All sales subject to credit approval.

DealSummary (Rev.07/19) ©
01/08/2025 03:15:27 PM
CC 4

CITY COUNCIL AGENDA ITEM
January 14, 2025
TO: Mayor and City Council
FROM: Joe Barragan, Public Works Director
SUBJECT: NOTICE OF COMPLETION – SB1 Redwood Blvd S Frontage Rd Rehabilitation Project from Graham St to 88th St. Project.

BACKGROUND / DISCUSSION:

Senate Bill 1 (SB 1), the Road Repair and Accountability Act (RMRA) of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide.

The funding from SB 1 will help the City of California City maintain and rehabilitate the network of local roads infrastructure. Public Works Department identified Redwood Blvd S Frontage Rd Rehabilitation Project from Graham St to 88th St., as priority for this past Fiscal Year, and City Council approved the project submittal to the SB1 system under Resolution No. 06-23-2982.

The City Council awarded the Contract to Griffith Company on October 8, 2024, for $360,735.

The Engineering Department has inspected the work and confirmed to Public Works that the work is in conformance with the plans and specifications as of December 5, 2024.

FISCAL IMPACT:

Funding: SB1 Funds $ 360,735
Local Match $ 0
RECOMMENDATION:

Motion to accept the completed work by Griffith Company for the SB1 Redwood Blvd S Frontage Rd Rehabilitation Project from Graham St to 88th St and authorize the City Clerk to file the Notice of Completion with the Kern County Recorder.

ENVIRONMENTAL IMPACT: None.

ATTACHMENTS:

A- Notice of Acceptance
B- Notice of Completion
C- Before and After Pictures
City Manager Approval (Initial): _________
City Attorney Approval (Initial): _________
Finance Manager Approval (Initial): _______
(Select Category)
Departmental Reports (DR) ______
Consent Calendar (CC) ___X___
City Manager Report (CMR) ______
Continued Business (CB) ______
New Business (NB) ______
City of California City
Redwood South Frontage Road Rehabilitation Project
Between Graham St and 88th Street
SB1 Funded Project

BEFORE AND AFTER PICTURES
Figure 1 Looking East on S. frontage road
Picture taken looking East of Frontage Rd. Visible cracks and potholes shown throughout the road.

Figure 2 Looking East on S. Frontage Road. SB1 Sign shown Same picture taken East but with a newly rebuilt road with smooth and clean paved asphalt.

Figure 3:Looking West on South. Frontage Rd.

Looking down West, many cracks and uneven areas appear on the road.

Figure 4: Looking down West
New road pavement and cleaned shoulder shown
Figure 5: Intersection with Airway Blvd
Standing at the intersection of Airway Blvd & Redwood, potholes and no stop marking shown.

Figure 6: Intersection
At the same intersection, new freshly painted stop markings and signage were placed on the road and clear of holes.

Figure 7: Looking down East
Existing road conditions – broken old asphalt road
Figure 8: Looking down East
After construction, cracked broken road is replaced with Hot Mix Asphalt , signage and intersection striping Figure 9: Compaction taking place
Figure 10: road under construction

CITY HALL
21000 Hacienda Blvd.

California City, CA 93505
_______________________________________
760-373-8661
www.californiacity-ca.gov

NOTICE OF ACCEPTANCE
NOTICE IS HEREBY GIVEN that the Public Works Director, City of California City, State of California, by and through the powers vested in his office by the Members of the City Council has reviewed and accepted as complete the work performed under contract by the Contractor.

The information pertinent to this Notice is as follows:

1. Owner: City of California City

2. Contractor: Griffith Company

3. Engineer of Record: Juan M. Pantoja, P.E. - BHT Engineering, Inc.

4. Surety of Faithful Performance
and Labor and Material Bond: Liberty Mutual Insurance Company

5. Contract For: SB1 Redwood Blvd S Frontage Road
Rehabilitation between Graham St to 88th St

6. Date of Contract: October 08, 2024

7. Date of Completion: December 5, 2024
I, Joe Barragan, hereby declare under penalty of perjury that the foregoing is true, and the provisions of the contract have been met and are accepted on December 5, 2024. __________________________
Joe Barragan
Public Works Director
Recording Requested By:

FOR DE BENEFIT OF:

CITY OF CALIFORNIA CITY
When Recorded Mail to:

City of California City
21000 Hacienda Blvd.

California City, CA 93505

NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN THAT:

1. The undersigned is OWNER or Agent of the OWNER of the interest or estate stated below in the property hereinafter described.

2. The FULL NAME of the OWNER is City of California City

3. The FULL ADDRESS of the OWNER is 21000 Hacienda Blvd. California City, CA 93505

4. The NATURE OF THE INTEREST or ESTATE of the undersigned is: In Fee.

(if other than fee, Strike "In Fee" and insert, for example, "Purchaser under contract of purchase," or "Lessee.")

5. The FULL NAMES and FULL ADDRESSES of ALL PERSONS, if any, WHO HOLD SUCH INTEREST or ESTATE with the undersigned as JOINT TENANTS IN COMMON are:

Names Addresses

6. The full names and full addresses of the predecessors in interest of the undersigned if the property was transferred after the commencement of the work of improvement herein referred to:

Names Addresses

7. A work of improvement on the property hereinafter described was COMPLETED December 5, 2024

8. The work of improvement completed is described as follows: SB1 Redwood Blvd S. Frontage Rd Rehabilitation Project Between Graham St and 88th St

9. The NAME OF THE ORIGINAL CONTRACTOR, if any, for such work of improvement is: Griffith Company

10. The street address of said property is: Between Graham St and 88th St. in California City

11. The property on which said work of improvement was completed is in the City of California City, County of Kern, State of California, and is described as follows: Pulverize in place 9" of existing roadway surface, grade, and compact to 90% and installation of 3-in hot mix asphalt overlay, traffic stripes, pavement markings, and signage
(Mayor)
Date Marquette E. Hawkins – City Mayor
Verification for INDIVIDUAL owner I, the undersigned, declare under penalty of perjury under the laws of the State of California that I am the owner of the aforesaid interest or estate in the property described in the above notice; that I have said notice, that I know and understand the contents thereof, and that the facts stated therein are true and correct.

Date and Place Signature of Owner named in paragraph 2
Verification for NON-INDIVIDUAL owner: I, the undersigned, declare under penalty of perjury under the laws of the State of California that I am the City Mayor of the aforesaid interest or estate in the property described in the above notice; that I have read the said notice, that I know and understand the contents thereof, and that the facts stated therein are true and correct. - City of California City (Mayor)
Date and Place Marquette E. Hawkins – City Mayor
SUBSCRIBED AND SWORN TO before me on

Leandrea Weible, Acting City Clerk
City of California City Revised 9/22/2007
CC 5

CITY COUNCIL AGENDA ITEM
January 14, 2025
TO: Mayor and City Council
FROM: Joe Barragan, Public Works Director
SUBJECT: NOTICE OF COMPLETION – Tierra del Sol Backflows Preventers Replacement Project.

BACKGROUND / DISCUSSION:

To protect public health, conserve water, and protection of the water system. This is a Notice of Completion for the work under contract agreement with David’s Plumbing for Tierra dell Sol Backflows Preventers Project. The work included replacement of eight backflow preventers with “Reduced Pressure Principle Backflow Prevention Device (RP)”.

These devices are approved by AWWA and the State Water Resources Control Board.

See attached before and after pictures.

The City Council awarded the Contract to David’s Plumbing on August 27, 2024, for $80,590.60
The Engineering Department has inspected the work and confirmed to Public Works that the work is in conformance with the plans and specifications as of October 30, 2024.

FISCAL IMPACT:

Funding: Water Fund 100%
#51-5115-630 $ 80,590.60
RECOMMENDATION:

Motion to accept the completed work by David’s Plumbing for Tierra dell Sol Backflows Preventers Project and authorize the City Clerk to file the Notice of Completion with the Kern County Recorder.

ENVIRONMENTAL IMPACT: None.

ATTACHMENTS:

A- Notice of Acceptance
B- Notice of Completion
C- Before and After Pictures
City Manager Approval (Initial): _________
City Attorney Approval (Initial): _________
Finance Manager Approval (Initial): _______
(Select Category)
Departmental Reports (DR) ______
Consent Calendar (CC) ___X___
City Manager Report (CMR) ______
Continued Business (CB) ______
New Business (NB) ______
City of California City
Tierra del Sol Backflow Preventers Replacement Project

BEFORE AND AFTER PICTURES
Typical Old Backflow Preventer various locations throughout Tierra del Sol Golf Course New Pressure reducing backflow preventer

CITY HALL
21000 Hacienda Blvd.

California City, CA 93505
_______________________________________
760-373-8661
www.californiacity-ca.gov

NOTICE OF ACCEPTANCE
NOTICE IS HEREBY GIVEN that the Public Works Director, City of California City, State of California, by and through the powers vested in his office by the Members of the City Council has reviewed and accepted as complete the work performed under contract by the Contractor.

The information pertinent to this Notice is as follows:

1. Owner: City of California City

2. Contractor: David’s Plumbing, LLC

3. Engineer of Record: Juan M. Pantoja, P.E. - BHT Engineering, Inc.

4. Surety of Faithful Performance
and Labor and Material Bond: Western Surety Company

5. Contract For: SB1 Catalpa Ave Rehabilitation
between 87th St and 94th St

6. Date of Contract: August 27th, 2024

7. Date of Completion: October 30th, 2024
I, Joe Barragan, hereby declare under penalty of perjury that the foregoing is true, and the provisions of the contract have been met and are accepted on November 01, 2024. __________________________
Joe Barragan
Public Works Director
Recording Requested By:

FOR DE BENEFIT OF:

CITY OF CALIFORNIA CITY
When Recorded Mail to:

City of California City
21000 Hacienda Blvd.

California City, CA 93505

NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN THAT:

1. The undersigned is OWNER or Agent of the OWNER of the interest or estate stated below in the property hereinafter described.

2. The FULL NAME of the OWNER is City of California City

3. The FULL ADDRESS of the OWNER is 21000 Hacienda Blvd. California City, CA 93505

4. The NATURE OF THE INTEREST or ESTATE of the undersigned is: In Fee. (if other than fee, Strike "In Fee" and insert, for example, "Purchaser under contract of purchase," or "Lessee.")

5. The FULL NAMES and FULL ADDRESSES of ALL PERSONS, if any, WHO HOLD SUCH INTEREST or ESTATE with the undersigned as JOINT TENANTS IN COMMON are:

Names Addresses

6. The full names and full addresses of the predecessors in interest of the undersigned if the property was transferred after the commencement of the work of improvement herein referred to:

Names Addresses

7. A work of improvement on the property hereinafter described was COMPLETED October 30, 2024

8. The work of improvement completed is described as follows: Tierra del Sol Backflows Preventers Replacement project

9. The NAME OF THE ORIGINAL CONTRACTOR, if any, for such work of improvement is: David’s Plumbing, LLC

10. The street address of said property is: Tierra del Sol Golf Course various locations

11. The property on which said work of improvement was completed is in the City of California City, County of Kern, State of California, and is described as follows:

The work included replacement of eight backflow preventers with “Reduced Pressure Backflow Prevention Devices (RP)”.
(Mayor)
Date Marquette E. Hawkins – City Mayor
Verification for INDIVIDUAL owner
I, the undersigned, declare under penalty of perjury under the laws of the State of California that I am the owner of the aforesaid interest or estate in the property described in the above notice; that I have said notice, that I know and understand the contents thereof, and that the facts stated therein are true and correct.

Date and Place Signature of Owner named in paragraph 2
Verification for NON-INDIVIDUAL owner: I, the undersigned, declare under penalty of perjury under the laws of the State of California that I am the City Mayor of the aforesaid interest or estate in the property described in the above notice; that I have read the said notice, that I know and understand the contents thereof, and that the facts stated therein are true and correct. - City of California City (Mayor)
Date and Place Marquette E. Hawkins – City Mayor
SUBSCRIBED AND SWORN TO before me on
Leandrea Weible, Acting City Clerk
City of California City Revised 9/22/2007
CC 6

COUNCIL AGENDA ITEM
January 14, 2025
TO: Mayor and City Council
FROM: Joe Barragan, Public Works Director
SUBJECT: SCBAs for the Wastewater Treatment Plan (WWTP) BACKGROUND/ DISCUSSION:

The WWTP uses Chlorine Gas to treat the wastewater that enters the facility. A recent CalOsha visit determined that the WWTP needs two SCBAs that meet the current CalOsha regulations.

Staff have obtained two quotes for two SCBAs for the WWTP. One quote is for two brand-new SCBAs, and the second quote is for two demo models that are less expensive than the new ones.

The SCBAs are not high-use, so the lesser demo units will work for Staff. These SCBAs are similar to the ones at the fire department, so the fire department can assist in keeping them up to date. Additionally, if there is an emergency and the fire department needs to perform a rescue the packs will be compatible. The fire department can plug into each other and share air with a downed water operator in an emergency if there is a chlorine leak.

Also, the City must purchase these units as soon as possible to ensure the City is not cited from OSHA with a violation as a “willful serious or repeated serious act.

FISCAL IMPACT:
2024/25 Budget Year (once Approved)
GL Fund# 52-5213-451 Safety Equip & Supplies $14,504.60 or $20,115.57 RECOMMENDATION: Staff recommends that the City Council approve the purchase of two SCBAs to satisfy CalOsha regulations. The council can approve the purchase of the new SCBAs or the demo units for less; either one will work for Staff.

ATTACHMENTS:

1. Quote for two brand-new SCBAs

2. Quote for two demo SCBAs
CB 1

COUNCIL AGENDA ITEM
January 14, 2025
TO: Mayor and City Council
FROM: Joaquin Vazquez, Special Outside Counsel (Hensley Law Group) SUBJECT: Adoption of Two Resolutions Memorializing the City Council’s Determination of Cannabis Business Taxes Respectively Owed by Herbs Cali Krush, Inc. and Regal Green Remedies, Inc. Pursuant to Each’s Duly Conducted Appeal Hearing
RECOMMENDATIONS:

1. Adopt the proposed resolution memorializing the City Council’s minute order determination for Herbs Cali Krush, Inc.’s October 28, 2024 appeal hearing that Herbs Cali Krush, Inc. must pay $26,172.72 to the City pursuant to the terms therein.

2. Adopt the proposed resolution memorializing the City Council’s minute order determination for Herbs Cali Krush, Inc.’s November 4, 2024 appeal hearing that Regal Green Remedies, Inc. must pay $15,691.04 to the City pursuant to the terms therein.

3. Alternatively, discuss and take other action related to this item.

BACKGROUND/DISCUSSION:

Regulatory Framework
At the June 6, 2017 municipal election, City voters approved Measure A, which established taxes for various cannabis business activities, such as commercial cannabis cultivation. The cannabis business tax rates are set forth in CMC Title 3 (Finance), Chapter 2 (Revenue), Article 8 (Cannabis Business Tax). Article 8 is attached to this report as Attachment 1.

Commercial cannabis cultivation is taxed at a rate based on canopy square footage of and the type of cultivation as follows:
· Artificial Lighting: $7.00 per square foot of canopy space annually. · Combination Lighting: $5.00 per square foot of canopy space annually. · No Artificial Lighting: $1.00 per square foot of canopy space annually. · Nurseries: $0.50 per square foot of canopy space annually. (CCMC §§ 3-

2.8.050(b) and 3-2.8.050(d)).

A cannabis business must remit payment for cannabis business taxes, in arrears, on a quarterly basis to the City’s Tax Administrator. The failure to timely remit payment deems the taxes delinquent and subjects the business to penalties and interest. (CCMC §§ 3-

2.8.060-3-2.8.100). For commercial cannabis cultivation, the tax due for each calendar quarter is based upon the cultivation business’s canopy square footage for the quarter and must be 25% of the applicable annual rate. (CCMC § 3-2.8.060(a)).

The City’s Tax Administrator can conduct an audit of a cannabis business’s books and records to determine the amount of cannabis taxes that the business owes. (CCMC §§ 3-2.8.190). The Tax Administrator may make a deficiency determination regarding taxes owe based upon a cannabis business statement or any information that may come into the Tax Administrator’s possession within three years the tax was originally due and payable and must send a deficiency notice to the business. (CCMC §§ 3-2.8.220 and 3-

2.8.240).

A cannabis business can appeal a Tax Administrator’s determination of taxes, interest, penalties, and fees owed to the City Council within 30 days of the tax determination. The City Council’s administrative determination of the appeal is final and conclusive and must be served upon the appealing business. Any amount found to be due must be immediately due and payable upon the service of the notice. (CCMC § 3-2.8.150).

Appeal Hearings – Herbs Cali Krush, Inc. and Regal Green Remedies, Inc.

On October 28, 2024, the City Council duly conducted an appeal hearing to consider Herbs Cali Krush, Inc.’s appeal of the City Tax Administrator’s determination of back cannabis business taxes owed to the City. Following its conduct of the hearing, the City Council determined the total amount of cannabis business taxes Herbs Cali Krush, Inc. owed to the City to be $26,172.72. By minute order, the City Council directed special counsel to memorialize the City Council’s determination in a resolution for the City Council’s consideration and approval at a future City Council meeting. Attachment 1 to this report is the resolution memorializing such City Council determination.

Similarly, on November 4, 2024, the City Council duly conducted an appeal hearing to consider Regal Green Remedies, Inc.’s appeal of the City Tax Administrator’s determination of back cannabis business taxes owed to the City. After conducting the hearing, the City Council determined the total amount of cannabis business taxes Herbs Cali Krush, Inc. owed to the City to be $15,691.04. Via minute order, the City Council directed special counsel to memorialize the City Council’s determination in a resolution for the City Council’s consideration and approval at a future City Council meeting.

Attachment 2 to this report is the resolution memorializing such City Council determination.

ENVIRONMENTAL REVIEW:

The actions contemplated in this report are exempt from further review under the California Environmental Quality Act, pursuant to CEQA Guidelines § 15061(b)(3)) as it can be seen with certainty that there is no possibility that the activities in question may have a significant effect on the environment.

FISCAL IMPACT:

The respective cannabis businesses must remit the amounts owed to the City in the aggregate amount of $41,863.76, pursuant to the terms of the attached resolutions.

ATTACHMENTS:

1. Resolution for Herbs Cali Krush, Inc. appeal determination

2. Resolution for Regal Green Remedies, Inc. appeal determination RESOLUTION NO. 25-3098

A RESOLUTION OF THE CALIFORNIA CITY COUNCIL

DETERMINING THE AMOUNT OF CANNABIS TAX OWED
BY HERBS CALI KRUSH, INC. TO THE CITY, PURSUANT

TO ITS DULY CONDUCTED APPEAL HEARING AND
CALIFORNIA CITY MUNICIPAL CODE CHAPTER 3-2.8
The City Council of the city of California City does resolve as follows:

SECTION 1. Findings. The City Council finds as follows:

A. At the June 6, 2017 municipal election, City voters approved Measure A, which established taxes for various cannabis business activities, such as commercial cannabis cultivation. The cannabis business tax rates are set forth in California City Municipal Code (“CCMC”) Title 3 (Finance), Chapter 2 (Revenue), Article 8 (Cannabis Business Tax).

B. A cannabis business must remit payment for cannabis business taxes, in arrears, on a quarterly basis to the City’s Tax Administrator. The failure to timely remit payment deems the taxes delinquent and subjects the business to penalties and interest. (CCMC §§ 3-2.8.060-3-2.8.100).

C. For commercial cannabis cultivation, the tax due for each calendar quarter is based upon the cultivation business’s canopy square footage for the quarter and must be 25% of the applicable annual rate. (CCMC § 3-2.8.060(a)).

D. The City’s Tax Administrator can conduct an audit of a cannabis business’s books and records to determine the amount of cannabis taxes that the business owes. (CCMC §§ 3-2.8.190).

E. The Tax Administrator may make a deficiency determination regarding taxes owe based upon a cannabis business statement or any information that may come into the Tax Administrator’s possession within three years the tax was originally due and payable and must send a deficiency notice to the business. (CCMC §§ 3-2.8.220 and 3-

2.8.240).

F. A cannabis business can appeal a Tax Administrator’s determination of taxes, interest, penalties, and fees owed to the City Council within 30 days of the tax determination. The City Council’s administrative determination of the appeal is final and conclusive and must be served upon the appealing business.

G. The City conducted an audit of the books and records for Herbs Cali Krush, Inc. (“Appellant”) and issued an audit determination, dated August 3, 2023.

H. On June 10, 2024, the City issued a notice of violation to Appellant, alleging violations of CCMC §§ 3-2.8.070, 3-2.8.080, and 3-2.8.060(a)-(c) and demanded payment in amount of $82,384.72.

I. On June 17, 2024, Appellant filed an appeal of the notice of violation to the City Council, contesting the apparent violations of Sections 3-2.8.070, 3-2.8.080, and 3-

2.8.060(a)–(c) and payment owed in the amount of $82,384.72.

J. On October 28, 2024, the City Council duly conducted a hearing to consider Appellant’s appeal, and all interested persons were given a full opportunity to be heard and present evidence.

K. Following its conduct of the appeal hearing, the City Council issued a decision as set forth in Section 2, below, and directed staff to memorialize its decision in a City Council resolution.

L. Under CCMC § 3-2.8.150, the City Council’s decision of the appeal is “final and conclusive.”
SECTION 2. Appeal Determination. Based upon a preponderance of evidence provided for Appellant’s appeal hearing, including testimony presented at the hearing, briefing from the parties, and the full administrative record, the City Council determines as follows:

A. The total amount of cannabis business tax fees Appellant owes to the City, under CCMC Chapter 3-2.8 is $26,172.72.

B. Appellant may enter into a agreement with the City for an interest-free payment plan, but must remit the total principal amount of $26,172.72 within 12 months of the date of this Resolution. If not timely remitted, the City may impose penalties and interest to such principal amount within limits set forth in CCMC Chapter 3-2.8.

SECTION 3. Signature Authority. The Mayor, or presiding officer, is hereby authorized to affix his signature to this Resolution signifying its adoption by the City Council of the City of California City, and the City Clerk, or her duly appointed deputy, is directed to attest thereto.

SECTION 4. Effective Date. This Resolution will take effect immediately upon adoption and will remain effective unless repealed or superseded.

SECTION 5. City Clerk Direction.

A. The City Clerk will certify to the passage and adoption of this Resolution, enter it in the City’s book of original Resolutions, and make a record of this action in the meeting’s minutes.

B. Per CCMC § 3-2.8.150, the City Clerk must serve this Resolution upon Appellant at Appellant’s last known place of address
PASSED, ADOPTED, AND APPROVED by the City Council of California City, California, at a regular meeting thereof this 14th day of January, 2025.

AYES:

NOES:

ABSTAIN:

ABSENT:

APPROVED:
__________________________
Marquette Hawkins,
Mayor of the City of California
City, California
ATTEST:
________________________________
Leanndrea Weible,
Acting City Clerk of the City of California City, California RESOLUTION NO. 25-3099

A RESOLUTION OF THE CALIFORNIA CITY COUNCIL

DETERMINING THE AMOUNT OF CANNABIS TAX OWED
BY REGAL GREEN REMEDIES, INC. TO THE CITY,

PURSUANT TO ITS DULY CONDUCTED APPEAL

HEARING AND CALIFORNIA CITY MUNICIPAL CODE
CHAPTER 3-2.8
The City Council of the city of California City does resolve as follows:

SECTION 1. Findings. The City Council finds as follows:

A. At the June 6, 2017 municipal election, City voters approved Measure A, which established taxes for various cannabis business activities, such as commercial cannabis cultivation. The cannabis business tax rates are set forth in California City Municipal Code (“CCMC”) Title 3 (Finance), Chapter 2 (Revenue), Article 8 (Cannabis Business Tax).

B. A cannabis business must remit payment for cannabis business taxes, in arrears, on a quarterly basis to the City’s Tax Administrator. The failure to timely remit payment deems the taxes delinquent and subjects the business to penalties and interest. (CCMC §§ 3-2.8.060-3-2.8.100).

C. For commercial cannabis cultivation, the tax due for each calendar quarter is based upon the cultivation business’s canopy square footage for the quarter and must be 25% of the applicable annual rate. (CCMC § 3-2.8.060(a)).

D. The City’s Tax Administrator can conduct an audit of a cannabis business’s books and records to determine the amount of cannabis taxes that the business owes. (CCMC §§ 3-2.8.190).

E. The Tax Administrator may make a deficiency determination regarding taxes owe based upon a cannabis business statement or any information that may come into the Tax Administrator’s possession within three years the tax was originally due and payable and must send a deficiency notice to the business. (CCMC §§ 3-2.8.220 and 3-

2.8.240).

F. A cannabis business can appeal a Tax Administrator’s determination of taxes, interest, penalties, and fees owed to the City Council within 30 days of the tax determination. The City Council’s administrative determination of the appeal is final and conclusive and must be served upon the appealing business.

G. The City conducted an audit of the books and records for Regal Green Remedies, Inc. (“Appellant”) and issued an initial audit determination, dated August 29, 2023, which asserted that Appellant owed $282,756.25 in cannabis business taxes (including $107,131.25 in penalties and interest) to the City.

H. After Appellant advised the City that Appellant had only obtained a state license for commercial cannabis operations as of February 18, 2022, the City issued a revised September 7, 2023 audit determination letter to Appellant with a revised tax payment demand of $102,705 (including $31,382.08 in penalties and interest).

I. On July 22, 2024, Appellant filed an appeal of the revised audit determination letter to the City Council.

J. On November 4, 2024, the City Council duly conducted a hearing to consider Appellant’s appeal, and all interested persons were given a full opportunity to be heard and present evidence.

K. Following its conduct of the appeal hearing, the City Council issued a decision as set forth in Section 2, below, and directed staff to memorialize its decision in a City Council resolution.

L. Under CCMC § 3-2.8.150, the City Council’s decision of the appeal is “final and conclusive.”
SECTION 2. Appeal Determination. Based upon a preponderance of evidence provided for Appellant’s appeal hearing, including testimony presented at the hearing, briefing from the parties, and the full administrative record, the City Council determines as follows:

A. The total amount of cannabis business tax fees Appellant owes to the City, under CCMC Chapter 3-2.8 is $15,691.04.

B. Appellant may enter into a agreement with the City for an interest-free payment plan, but must remit the total principal amount of $15,691.04 within 60 days of the date of this Resolution. If not timely remitted, the City may impose penalties and interest to such principal amount within limits set forth in CCMC Chapter 3-2.8.

SECTION 3. Signature Authority. The Mayor, or presiding officer, is hereby authorized to affix his signature to this Resolution signifying its adoption by the City Council of the City of California City, and the City Clerk, or her duly appointed deputy, is directed to attest thereto.

SECTION 4. Effective Date. This Resolution will take effect immediately upon adoption and will remain effective unless repealed or superseded.

SECTION 5. City Clerk Direction.

A. The City Clerk will certify to the passage and adoption of this Resolution, enter it in the City’s book of original Resolutions, and make a record of this action in the meeting’s minutes.

B. Per CCMC § 3-2.8.150, the City Clerk must serve this Resolution upon Appellant at Appellant’s last known place of address
PASSED, ADOPTED, AND APPROVED by the City Council of California City, California, at a regular meeting thereof this 14th day of January, 2025.

AYES:

NOES:

ABSTAIN:

ABSENT:

APPROVED:
__________________________
Marquette Hawkins,
Mayor of the City of California
City, California
ATTEST:
________________________________
Leanndrea Weible,
Acting City Clerk of the City of California City, California CB 2

COUNCIL AGENDA ITEM
January 14, 2024
TO: Mayor and City Council
FROM: Karin Schambeck, Assistant City Attorney
SUBJECT: Reinstatement of Planning Commission
UPDATE/DISCUSSION:

On August 27, 2024, the City Council temporarily suspended the Planning Commission after determining that the suspension of the Planning Commission would ensure the timely and efficient processing of applications, and in turn, promote economic development and job creation. The City Council assumed the powers and duties of the Planning Commission during its suspension.

The City Council required the Planning Commissioners to participate in mandatory training during its suspension for ethics, harassment, hostile workplace training and conflict resolution. During the first training, two Commissioners left the training shortly after it commenced and did not complete the training. A second training occurred via zoom on December 9, 2024. While only one Commissioner was unable to attend on Zoom due to a prior obligation, a second Commissioner did not participate in the training. Both commissioners were advised that they needed to complete the training, however, to date, neither of them completed it.

The City Council may consider reinstatement of the Planning Commission, including consideration that two Commissioners did not complete the training.

Page 1 of 2 ends

RESOLUTION NO. 25-3101

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

CALIFORNIA CITY REINSTATING

THE CALIFORNIA CITY PLANNING COMMISSION AFTER

TEMPORARY SUSPENSION
The City Council of the City of California City (hereafter referred to as the “City Council”) does resolve as follows:

WHEREAS, Government Code Section 65101 gives cities the permissive power to establish a planning commission; and
WHEREAS, the City of California City established a Planning Commission which operates pursuant to Municipal Code Title 2, Article 2; and WHEREAS, the City Council temporarily suspended the Planning Commission on August 27, 2024, in order to increase efficient processing of applications, promote economic development and job creation; and
WHEREAS, the City Council assumed the powers and duties of the Planning Commission during its suspension; and
WHEREAS, the City Council required the Planning Commissioners to participate in training during its suspension for ethics, harassment, hostile workplace training and conflict resolution; and
WHEREAS, the City Council has determined that it is time to reinstate the Planning Commission.

NOW, THEREFORE BE IT RESOLVED, DETERMINED, AND ORDERED BY THE CITY COUNCIL OF THE CITY OF CALIFORNIA CITY, CALIFORNIA, AS FOLLOWS:

SECTION 1: The Planning Commission is hereby reinstated and will re-assume its powers and duties upon completion of the directed training.

SECTION 2: Resolution No. 24-3047, suspending the Planning Commission is hereby superseded by this Resolution of reinstatement and is no longer effective.

SECTION 3: City Clerk shall certify to the passage and adoption of this Resolution and the minutes of this meeting shall so reflect the presentation of the Report.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of California City, this 14th day of January 2025.

Page 2 of 2 ends

ATTEST:
___________________________
Leanndrea Weible
_________________________
_ Marquette Hawkins
Mayor
APPROVED AS TO FORM:
__________________________
Victor M. Ponto,
Acting City Clerk City Attorney

CERTIFICATION
I, Leanndrea Weible, Acting City Clerk of the City of California City, California, hereby certify that the foregoing resolution was duly adopted at a meeting of the City Council of said City at its meeting held on the 14th of January 2025, by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of California City, California, this 14th day of January 2025. __________________________
Leanndrea Weible
Acting City Clerk
NB 1

COUNCIL AGENDA ITEM
January 14, 2025
PREPARED BY: Inge Elmes, OHV Manager
SUBJECT: Approve Purchase of Additional Cameras for Borax Bill Park

BACKGROUND/ DISCUSSION
Currently, Borax Bill Park has an alarm and camera system with Digitech. This system was purchased and installed in April of 2021. Prior to this date, Borax Bill Park did not have any alarm or camera system. At the time, the system was purchased with a limited budget and did not include high end equipment. Due to a rise in theft, staff is requesting the addition of 5 cameras to add to existing system. These cameras are top of the line, with lights, sirens, and tracking. Additional equipment included in quote, is a 2-4 channel POES, network bridge, cables, and 1 year warranty on parts with 30-day warranty on labor.

FISCAL IMPACT
Cost from Digitech is $4,420.00. This cost is included in the FY24/25 proposed budget and will be expensed from GL code 29-4219-740.

RECOMMENDATION
Council to approve quote from Digitech for $4,420.00.

ATTACHMENTS
A. Digitech Quote
Estimate
Date
9/13/2024
Estimate #
2453
Name / Address
Borax Bill Park & Station
21000 Hacienda Blvd.

California City CA 93505
Digitech
42263 50th Street West # 422
Quartz Hill, CA 93536
Phone:661-722-3344
License # ACO-7248
Project
Lic# ACO-7248
Total
Description Qty Rate Total
CCTV Estimate (add on)
These tracking PTZ TIOC cameras are top of the line cameras with lights, siren and tracking.

There are less expensive cameras WITHOUT lights, and siren . The price of these cameras are $ 875. each
Cameras: 2- 4 Megapixel TIOC tracking PTZ with gooseneck 2 1,050.00 2,100.00 Cameras: 3- 8 megapixel Turet cameras 3 235.00 705.00
2- 4 channel POES 2 95.00 190.00
1- Trendnet network bridge 1 275.00 275.00
1- Box CAT5E data cable 1 150.00 150.00
Labor
1- Year warranty on parts
30-day warranty on labor
50% deposit upon approval
Balance due at project completion
1 1,000.00 1,000.00
Estimate is valid for 90 days.

Authorizing Signature:______________________________ Date:______________ $4,420.00
NB 2

COUNCIL AGENDA ITEM
Regular Meeting January 14, 2025
PREPARED BY: Victor Ponto, City Attorney
SUBJECT: Professional Services Agreement for Executive Management Consultant

BACKGROUND
The City Council has identified a need for an expert in municipal executive management to assist the City’s executive management staff in competently and efficiently exercising their discretionary decision-making authority concerning the administrative affairs of the City, including but not limited to organizational management, fiscal expenditure, and the development and implementation of City policy as determined by the City Council.

DISCUSSION
Waypoint Strategies, LLC, has been identified as an entity that can successfully meet the City Council’s stated needs. Towards that end, the City Attorney’s Office has drafted, and met and conferred with, representatives from Waypoint Strategies, LLC on a professional consultant services agreement (“Agreement”) for professional executive management consulting services. The proposed professional consultant services agreement is attached as Exhibit A.

The Agreement provides, in relevant part, that Waypoint Strategies, LLC, is to be retained by the City as a professional consultant to:

Provide advice, guidance, and consultation to City executive management staff, including but not limited to the various directors of City departments and those persons designated as “Officers” by City ordinance (other than the City Attorney), including the City’s Acting City Manager, in furtherance of facilitating such persons’ exercise of competent and efficient discretionary decision-making authority concerning the
administration of the affairs of the City, organizational management, fiscal expenditure, and the development,
advocacy and implementation of City policy.

The intent of the Agreement is to ensure that no major discretionary administrative decisions concerning such matters be decided upon absent the prior consideration of the professional consultant’s advice, guidance and consultation. The Agreement is not intended to, nor does it, erode, displace, or usurp the discretionary decision-making authority vested in the above-referenced persons pursuant to applicable law.

The City Attorney is identified as the City’s representative in all matters pertaining to the administration and performance of the Agreement.

The Agreement provides that the professional consultant shall be paid an hourly rate of one-hundred and seventy-five dollars per hour ($175/hour), with total compensation under the Agreement not to exceed ten thousand dollars ($10,000).

The Agreement shall commence immediately upon execution and shall automatically terminate upon the employment commencement date of a permanent City Manager.

FISCAL IMPACT
Total compensation under the Agreement shall not exceed ten thousand dollars ($10,000).

RECOMMENDATION
Staff recommends that the City Council: (1) take action to approve the proposed Agreement, and (2) direct the City Attorney to execute the Agreement on behalf of the City.

ATTACHMENT: Resolution No. 25-3100
1 CITY OF CALIFORNIA CITY

PROFESSIONAL CONSULTANT SERVICES AGREEMENT

1. PARTIES AND DATE.

This Professional Services Agreement ("Agreement") is made and entered into this 14th day of January, 2025, by and between the City of California City, a municipal corporation, organized under the laws of the State of California, with its principal place of business at 21000 Hacienda Blvd., California City, CA 93505 ("City") and Waypoint Strategies, LLC, a California Corporation, with its principal place of business at 10600 Magnolia Avenue, Suite E, Riverside, CA ("Consultant"). City and Consultant are sometimes individually referred to herein as a "Party" and collectively as the "Parties."

2. RECITALS.

2.1 Consultant.

Consultant desires to perform and assume responsibility for the provision of certain professional executive management consulting services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing professional executive management consulting services to public entities in the State of California, is currently licensed as may be legally and/or professionally mandated in the State of California for such services, and is familiar with the applicable laws, ordinances, and resolutions concerning executive management of City operations.

2.2 Project.

City desires to engage Consultant to render such professional executive management consulting services for the City as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term of Agreement.

3.1.1 General Scope of Services. Consultant 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 executive management consulting 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.

3.1.2 Term of Agreement. Consultant shall perform its services in a prompt and timely manner and shall commence performance immediately following execution of this Agreement by the Parties. This Agreement shall expire and automatically terminate upon the employment commencement date of a permanent City Manager. 2 3.2 Responsibilities of Consultant.

3.2.1 Independent Contractor; Control and Payment of Subordinates. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Consultant 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 Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, nor any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement.

Consultant 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. Consultant 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.

Nothing in this Agreement will be interpreted to render the City the agent, employer, or partner of Consultant, or the employer of anyone working for or subcontracted by Consultant, and Consultant must not do anything that would result in anyone working for or subcontracted by Consultant being considered an employee of the City. Consultant is not, and must not claim to be, an agent of the City. Further, City confirms that Consultant employees are not assuming and are not expected to assume any City staff position(s).

No offer or obligation of employment with the City or particular City department or agency is intended in any manner, and Consultant may not become entitled by virtue of this Agreement to receive from the City any form of employee benefits including but not limited to sick leave, vacation, retirement benefits, workers’ compensation coverage, insurance or disability benefits. Consultant will be solely liable for and obligated to pay directly all applicable taxes, including federal and state income taxes and social security, arising out of Consultant’s performance of Services under this Agreement. Consultant will defend, indemnify and hold the City harmless from any and all liability, which the City may incur because of Consultant’s failure to pay such taxes.

3.2.2 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of the City and its officers and employees as relevant.

3.2.3 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to 3 be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. The key personnel for performance of this Agreement are as follows: Christopher Lopez of Waypoint Strategies, LLC.

3.2.4 City's Representative. The City hereby designates City Attorney Victor M. Ponto, of Burke Williams Sorensen, LLP or his designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all work performed by Consultant but not the authority to enlarge the Scope of Work or change the total compensation due to Consultant under this Agreement. Mr.

Ponto shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the Scope of Work or change the Consultant's total compensation subject to the provisions contained in Section 3.3 of this Agreement. Consultant shall not accept direction or orders from any person other than the City's Representative or his designee.

3.2.5 Consultant's Representative. Consultant hereby designates Christopher Lopez or his designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her 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. Consultant 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. Consultant 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. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, 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, Consultant 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 Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub-consultants 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 Consultant and shall not be re-employed to perform any of the Services or to work on the Project. 4 3.2.8 Laws and Regulations. Consultant 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. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If Consultant performs any work knowing it to be contrary to such laws, rules and regulations, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees, agents, and volunteers 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.

3.2.9 Insurance.

3.2.9.1 Time for Compliance. Consultant 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, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this section.

3.2.9.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Consultant, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so.
(A) Commercial General Liability: Commercial
General Liability Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 0001, or the exact equivalent, with limits of not less than $1,000,000 per occurrence and no less than $2,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions (1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross-liability); or (3) containing any other exclusion(s) contrary to the terms or purposes of this Agreement.
(B) Automobile Liability Insurance: Automobile
Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 0001 covering "Any Auto" (Code 1), or if Consultant has no owned autos, "Hired Auto" (Code 8) and "Non-Owned Auto" (Code 9), or the exact equivalent, covering bodily injury and property damage for all activities with limits of not less than $1,000,000 combined limit for each occurrence.
(C) Workers' Compensation/Employer's Liability:

Workers' Compensation Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease. If Consultant has no employees or agents, Consultant shall not be required to maintain Workers' Compensation Insurance. However, in the event that Consultant hires employees or 5 agents during the term of this Agreement, Consultant shall obtain and maintain Workers' Compensation/Employer's Liability Insurance in accordance with this section. (D) Professional Liability (Errors & Omissions)
Professional Liability insurance or Errors & Omissions insurance appropriate to Consultant's profession with limits of not less than $1,000,000. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.). If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least three (3) years from termination or expiration of this Agreement.

3.2.9.3 Insurance Endorsements. Required insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
(A) Commercial General Liability.
(1) Additional Insured: The City, its
officials, officers, employees, agents, and volunteers shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement.

Additional Insured Endorsements shall not (1) be restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Consultant; or (4) contain any other exclusions contrary to the terms or purposes of this Agreement. For all policies of Commercial General Liability insurance, Consultant shall provide endorsements in the form of ISO CG 20 10 10 01 and 20 37 10 01 (or endorsements providing the exact same coverage) to effectuate this requirement.
(2) Cancellation: Required insurance
policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for nonpayment of premium. (B) Automobile Liability:
(1) Cancellation: Required insurance
policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for nonpayment of premium. (C) Workers' Compensation:
(1) Cancellation: Required insurance
policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for nonpayment of premium. 6 (2) Waiver of Subrogation: A waiver of
subrogation stating that the insurer waives all rights of subrogation against the City, its officials, officers, employees, agents, and volunteers. (D) Professional Liability (Errors & Omissions):
(1) Cancellation: Required insurance
policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for nonpayment of premium. (2) Contractual Liability Exclusion Deleted:

This insurance shall include contractual liability applicable to this Agreement. The policy must "pay on behalf of" the insured and include a provision establishing the insurer's duty to defend.

3.2.9.4 Primary and Non-Contributing Insurance. All policies of Commercial General Liability and Automobile Liability insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees, agents, or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.

3.2.9.5 Waiver of Subrogation. All policies of Commercial General Liability and Automobile Liability insurance shall contain or be endorsed to waive subrogation against the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. Consultant shall require similar written express waivers and insurance clauses from each of its subconsultants.

3.2.9.6 Deductibles and Self-Insured Retentions. Any deductible or self-insured retention must be approved in writing by the City and shall protect the City, its officials, officers, employees, agents, and volunteers in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or selfinsured retention. 7 3.2.9.7 Evidence of Insurance. The Consultant, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates on forms approved by the City, together with all endorsements affecting each policy. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Consultant 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.

3.2.9.8 Failure to Maintain Coverage. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced immediately so as to avoid a lapse in the required coverage, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement effective upon notice.

3.2.9.9 Acceptability of Insurers. Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and authorized to transact business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.

3.2.9.10 Enforcement of Agreement Provisions (non estoppel).

Consultant acknowledges and agrees that actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligation on the City nor does it waive any rights hereunder.

3.2.9.11 Requirements Not Limiting. Requirement of specific coverage or minimum limits contained herein are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance.

If the Consultant maintains higher limits than the minimums contained herein, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

3.2.9.12 Claims Made Policies. If any of the required policies provide coverage on a claims-made basis:
(A) The Retroactive Date must be shown and must be
before the effective date of the Agreement or the beginning of work under this Agreement. 8 (B) Such insurance must be maintained and evidence
of insurance must be provided for at least five (5) years after completion of all services under this Agreement.
(C) If coverage is canceled or non-renewed, and not
replaced with another claims-made policy form with a Retroactive Date prior to the effective date of the Agreement, the Consultant must purchase "extended reporting" coverage for a minimum of five (5) years after completion of all services under this Agreement.

3.2.9.13 Special Risks or Circumstances. City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

3.2.9.14 Insurance for Subconsultants. Consultant shall include all subconsultants engaged in any work for Consultant relating to this Agreement as additional insureds under the Consultant's policies, or the Consultant shall be responsible for causing subconsultants to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City, its officials, officers, employees, agents, and volunteers as additional insureds to the subconsultant's policies. All policies of Commercial General Liability insurance provided by Consultant's subconsultants performing work relating to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and volunteers as additional insureds using endorsement form ISO CG 20 38 04 13 or an endorsement providing equivalent coverage. Consultant shall not allow any subconsultant to commence work on any subcontract relating to this Agreement until it has received satisfactory evidence of subconsultant's compliance with all insurance requirements under this Agreement, to the extent applicable. The Consultant shall provide satisfactory evidence of compliance with this section upon request of the City.

3.2.10 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant 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, where applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subconsultants, 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.

3.3 Fees and Payments.

3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed Ten Thousand Dollars ($10,000). Extra Work may be authorized, as 9 described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

3.3.2 Payment of Compensation. Consultant shall submit to City a monthly invoice which indicates work completed and hours of Services rendered by Consultant. The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice. City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved charges thereon. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein. Payment shall be made in the following manner:

By check mailed to: Waypoint Strategies
10600 Magnolia Avenue, Suite E.

Riverside, CA 92505
ATTN: Christopher Lopez, Project Manager
In the event City fails to pay any undisputed amounts to Consultant when due, Consultant shall have the right to stop work after giving City three (3) business days’ advance written notice of the non-payment and the intention to stop work. Undisputed overdue amounts bear interest at the rate of 1.5% per month until paid.

3.3.3 Reimbursement for Expenses. Consultant 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 Consultant 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.

Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City.

3.4 Accounting Records.

3.4.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant 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. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 10 3.5 General Provisions.

3.5.1 Termination of Agreement.

3.5.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause.

3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request.

3.5.1.3 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.

3.5.1.4 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:

Consultant: Waypoint Strategies
10600 Magnolia Avenue, Suite E
Riverside, CA 92505
ATTN: Christopher Lopez, Project Manager
City: 21000 Hacienda Blvd.

California City, CA 93505
ATTN: Victor M. Ponto, City Attorney
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.
11 3.5.2 Ownership of Materials and Confidentiality.

3.5.2.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk.

3.5.2.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant.

Consultant shall use reasonable efforts to maintain the confidentiality of any such information that is non-public. Consultant acknowledges that it has reasonable information and cybersecurity policies and procedures in place that are designed and functioning in a manner to protect client/customer information. Consultant acknowledges and agrees that any client/customer information provided to Consultant by or on behalf of Client will be subject to such policies and procedures. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.

3.5.2.3 Confidential Information. The City shall take reasonable steps to maintain confidential and shall refrain from releasing Consultant's proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information ("Release Notice").

Consultant shall have five (5) working days after receipt of the Release Notice to give City written notice of Consultant's objection to the City's release of Proprietary Information ("Objection Notice"). Consultant shall indemnify, defend and hold harmless the City, and its 12 officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney's fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of the Objection Notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information.

3.5.3 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.

3.5.4 Attorney's Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action. 13 3.5.5 Indemnification.

3.5.5.1 Scope of Indemnity. To the fullest extent permitted by law, Consultant shall defend (with counsel reasonably approved by the City), indemnify and hold the City, its officials, officers, employees, agents and volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, (collectively, "Claims') in any manner arising out of, pertaining to, or incident to any negligent acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant's services, the Project or this Agreement, including expert witness fees and reasonable attorneys' fees and other related costs and expenses. Notwithstanding the foregoing, to the extent Consultant'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 Consultant. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its officials, officers, employees, agents or volunteers.

3.5.5.2 Additional Indemnity Obligations. To the fullest extent permitted by law, Consultant shall defend, with counsel of City's choosing and at Consultant's own cost, expense and risk, any and all claims, suits, actions or other proceedings of every kind covered by Section 3.5.5.1 that may be brought or instituted against City or its directors, officials, officers, employees, volunteers and agents. Consultant shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, volunteers and agents as part of any such claim, suit, action or other proceeding. Consultant shall also reimburse City for the cost of any settlement paid by City or its directors, officials, officers, employees, agents or volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City's attorney's fees and costs, including expert witness fees. Consultant shall reimburse City and its directors, officials, officers, employees, agents, and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials officers, employees, agents, or volunteers.

3.5.5.3 Obligations and Indemnity Related to Defined Benefit Retirement Plan Participation. City has an obligation to treat all persons working for or under the direction of Consultant as agents and employees of Consultant, and not as agents or employees of the City. The City agrees not to ask Consultant employees for personally identifying information.

Consultant and City acknowledge and agree that, if City participates in a defined benefit plan (such as CalPERS, a pension plan, or Social Security) (“Retirement Program”), it is possible that the Retirement Program may find that Consultant’s employees providing services pursuant to this Agreement are employees of the City and should be registered with the Retirement Program as employees of the City.
14 In the event that the City’s Retirement Program initiates an inquiry that includes examination of whether individuals providing services under this Agreement to the City are City’s employees, City shall inform Consultant within five business days and share all communications and documents from the Retirement Program that it may legally share. In the event that either Consultant or City files an appeal or challenge to a Retirement Program determination as set forth herein, in either administrative or court proceedings, Consultant and City each agree to cooperate with each other in responding to the inquiry and any subsequent administrative appeal or court challenge of an adverse determination. Consultant shall defend, indemnify, and hold harmless the City relating to any and all costs of an administrative appeal or court challenge arising from such inquiry or determination.

In the event that any Consultant employee or subconsultant providing services under this Agreement is determined by a court of competent jurisdiction or the City’s Retirement Program to be eligible for enrollment in the Retirement Program as an employee of the City, to the fullest extent of the law, City shall indemnify, defend, and hold harmless Consultant for any Retirement Program contribution payment that Consultant is required as a result to make to the Retirement Program as well as for the payment of any penalties and interest on such payments, if any.

3.5.5.4 Consequential damages. Neither party shall be liable to the other for indirect, incidental, special, consequential, or punitive damages; business interruption, loss of use or lost profits; economic loss, loss of business reputation or financing (all collectively being "Consequential Damages").

3.5.6 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.

3.5.7 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Kern County.

3.5.8 Time of Essence. Time is of the essence for each and every provision of this Agreement. Neither Party to this Agreement shall be responsible for any delays or failure to perform any provision of this Agreement (other than payment obligations) due to acts of God, strikes or other disturbances, pandemics, war, insurrection, embargoes, governmental restrictions, acts of governments or governmental authorities, or other causes beyond the control of such Party.

3.5.9 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project.

3.5.10 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.

3.5.11 Assignment or Transfer. Consultant 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 15 assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.

3.5.12 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 Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected 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.

3.5.13 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

3.5.14 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.

3.5.15 No Third-Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

3.5.16 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.

3.5.17 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant 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 Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. 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 member, 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.

3.5.18 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, 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. Consultant shall also comply with all relevant provisions of 16 City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.

3.5.19 Labor Certification. By its signature hereunder, Consultant 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 Worker's Compensation or to undertake selfinsurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.

3.5.20 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each 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.

3.5.21 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

3.6 Subcontracting.

3.6.1 Prior Approval Required. Consultant 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.
[SIGNATURE PAGE TO FOLLOW]
17 CITY OF CALIFORNIA CITY,
a California municipal corporation

WAYPOINT STRATEGIES, LLC,
a California corporation
By: By:

Victor M. Ponto
City Attorney
Christopher Lopez
ATTEST:

By:

City Clerk
1 EXHIBIT "A"

SCOPE OF SERVICE
Provide advice, guidance, and consultation to City executive management staff, including but not limited to the various directors of City departments and those persons designated as “Officers” by City ordinance (other than the City Attorney), including the City’s Acting City Manager, in furtherance of facilitating such persons’ exercise of competent and efficient discretionary decisionmaking authority concerning the administration of the affairs of the City, organizational management, fiscal expenditure, and the development, advocacy and implementation of City policy.

It is the intent of this Agreement that no major discretionary decisions concerning such matters be decided upon absent the prior consideration of Consultant’s advice, guidance, and consultation.

This Agreement is not intended to, nor does it, erode, displace, or usurp the discretionary decisionmaking authority vested in the above-referenced persons pursuant to applicable law. 1 EXHIBIT "B"

SCHEDULE OF SERVICES
Task
Number Task Deadline for Completion
1 Provide advice, guidance, and consultation to City executive management staff, including but not limited to the various directors of City departments and those persons designated as “Officers” by City ordinance, including the City’s Acting City Manager, in furtherance of facilitating such persons’ exercise of competent and efficient discretionary decision-making authority concerning the administration of the affairs of the City, organizational management, fiscal expenditure, and the
development, advocacy and implementation of City policy. It is the intent of this Agreement that no major discretionary decisions concerning such matters be decided upon absent the prior consideration of Consultant’s advice, guidance, and consultation.

Duration of
Agreement
EXHIBIT "C"

COMPENSATION
Hourly rate at $175/hour
Total compensation not to exceed $10,000
NB3

COUNCIL AGENDA ITEM
January 14, 2025
PREPARED BY: Latisha Lamberth, Acting City Manager
SUBJECT: Request for Council Approval to Engage Diamond IT for Security Monitoring at the Public Works Yard

BACKGROUND/DISCUSSION
This action is prompted by the recent increase in break-ins, which have compromised the safety and security of our facilities and equipment.

The Public Works Yard has experienced several security breaches, resulting in the loss of valuable equipment and increased operational disruptions. These incidents highlight the urgent need for a robust security solution to safeguard our assets and ensure continuous operations.

PROPOSAL
Diamond IT, a reputable provider of security solutions, has submitted a comprehensive proposal to install and monitor a state-of-the-art security system tailored to our needs. The proposal includes:

1. Installation of high-definition surveillance cameras at strategic locations.

2. Real-time monitoring and alert system to detect unauthorized access.

3. Regular maintenance and technical support to ensure system reliability.

4. A detailed report of all security incidents for accountability and review.

FISCAL IMPACT
The quote provided by Diamond IT is competitive and aligns with our budgetary considerations. The cost includes installation, equipment, and a monthly monitoring fee. Investing in this security measure will not only prevent future losses but also potentially reduce insurance premiums. GL will be charge to 60-6000- 752.

RECOMMENDATION
Given the urgency and necessity of enhanced security at the Public Works Yard, I recommend that the council approve the engagement of Diamond IT. Their expertise and the proposed system will significantly enhance our security infrastructure and deter future incidents

ATTACHMENTS
Quote provided by Diamond IT
We have prepared a quote for you
Public Works Camera System - Phase 1
Quote # 007104
Version 6
Prepared for:

City of California City
Latisha Lamberth
[email protected]
8701 Swigert Court
Bakersfield, CA 93311
www.diamondit.pro
(661) 833-5600
Thursday, January 09, 2025
City of California City
Latisha Lamberth
21000 Hacienda Blvd
California City, CA 93505
[email protected]
Dear Latisha,
Following our discussion, I have prepared a proposal to implement the camera security system, which is currently in use at PD and City Hall, at the Public Worksfacility. The proposal has been adjusted to be implemented in phases to align with your budget. The first phase will include adding security cameras at the Admin office and Public Works Shop, as discussed. This phase is separated to allow the City the flexibility to add the desired audio deterrentsystem if the budget permits.

Also, as discussed, payment terms for this project will be:
 100% hardware will be billed at signing - $15,297.60
 50% labor due at signing $7,858.94
 Balance of labor due at project completion - $7,858.94 Please review the proposal, and if you approve, kindly sign the authorization page to approve our proposed solution. If you have any questions, feel free to reach out.

Sincerely,
Cody Cooper

VCIO/VCISO
DiamondIT
Quote #007104 v6 Page: 2 of 10
8701 Swigert Court
Bakersfield, CA 93311
www.diamondit.pro
(661) 833-5600
Executive Summary
Business and TechnicalObjectives
The City of California City Public Works Department, Public Works Yard has had multiple thefts and break-ins, increasing in frequency this year.By implementing a comprehensive surveillance solution, the city aims to safeguard valuable equipment, materials, and infrastructure, ensuring continuity in public services and minimizing the financial impact of stolen assets. The camera system will help reduce the costs associated with security personnel and insurance premiums by providing a more reliable, automated means of monitoring the yard. Additionally,the system will act as a deterrent to potential criminals, thereby improving the overall safety and operational efficiency of the yard.

The technical objectives of the new camera system include the installation of high-resolution cameras with night vision capabilities to ensure 24/7 surveillance, even in low-light conditions. The system will also incorporate motion detectorsthat can detect unauthorized movement within critical areas of the yard. These detectors will trigger an alarm, alerting staff and security personnel in real-time to potential security breaches. The cameras and sensors will be integrated into the current centralized monitoring platform in use at Cal City Police Department and Cal City City Hall, allowing for remote access and live video feeds.

Furthermore, the system will be designed for scalability, enabling the addition of more cameras or sensors in the future as security needs evolve. Finally,the system will also be installed with outdoor speakersto create a loud siren to act as a deterrent for any trespassers.

In consideration of City of California City’s IT budget, the decision was made to limit the scope of the camera installation to only the Administrative and Shop buildings. However,the camera system is scalable, so as the city’s budget grows, the city will have the opportunity to install additional cameras throughout the Public Works yard.

Within Scope / Out of Scope
The project estimate includes items listed in the Project Plan section of the Scope of Work. Items listed in the Project Plan are considered within scope for this Project and Statement of Work. Any items that are completed during the scheduled project time that is not within the scope will be billed separately per the Managed?Services Agreement Service Attachment("SA"). If no Managed Service Agreement exists, any work outside of the Initial Project Plan will require a change order to be completed prior to proceeding. Any amendments to the original Statement of Work will be?completed?as necessary. Any items not specifically listed as part of the project plan are considered out of the scope of this estimate.? Project Plan
Below are high level procedures that will be undertaken to complete this project.

Hardware Preparation
Physically prepare and assemble all equipment
Configure portal and register all equipment
Apply all licensing and prepare for installation
Administration Building
Mount 4 Cameras on the exterior corners of the building.

Install a managed network switch for all cameras
Install an audio gateway and amplifier inside network cabinet Mount outdoor speaker to 20ft tower mast
Quote #007104 v6 Page: 3 of 10
8701 Swigert Court
Bakersfield, CA 93311
www.diamondit.pro
(661) 833-5600
Executive Summary
Run speaker cabling from amplifier to speaker
Public Works Shop
Mount 5 cameras on the exterior walls of the building.

System Configuration
Create all locations
Label and aim all cameras
Create policies and notifications to notify Public Works and Police Department Delegate access and train Public Works and Police Department personnel Special Requirements
If downtime is necessary that cannot be accommodated during business hours, we may need access to the Client's office outside of regular business hours for project completion. After-hours times will be agreed upon and coordinated between the Diamond IT team and the appropriate Client personnel prior to scheduling the work. Location Tasks associated with this project will be completed remotely when possible. Any onsite times will be agreed upon and coordinated between the Diamond IT team and the appropriate Client personnel prior to scheduling the work. Delaysin access to the Client’s office can cause delays in the project timeline.

Project Risks
Diamond IT Technical and Account Management Teamhave identified the following risks with and for this project that may impact both project cost and timeline.

Delaysin gaining access to the existing environment will cause delays, and potentially increase in costs, for the migration project.

This project assumes?Client?staff will assist?Diamond IT?as needed in gaining access to systems and tools. Delaysin response may push back the migration date of the project.

Unforeseen circumstances outside of the Client control or the control of Diamond IT, vendors, suppliers, or other parties.? The speaker, amplifier and camera system are from separate vendors. Significant attention and detail have been given to ensure all systems work together correctly based on vendor expertise. Issues or delays in audible speaker integrating with camera system are an unlikely but potential risk.

Project Assumptions
While putting together this project plan and scope, Diamond IT Technical and Account Management Teams have made the assumptions listed below. If these assumptions are invalid or are found to be invalid, this may cause further cost or timeline delays to project completion:

Diamond IT assumes downtime will be accommodated?to?complete this project as applicable and/or required.

Diamond IT assumes that all meetings and pre-migration consulting will be scheduled in a timely manner and decisions by Client on structure will be?final.?
DiamondIT assumes that access to all buildings will be provided in a timely fashion to accommodate project completion.

Project Timeline
Quote #007104 v6 Page: 4 of 10
8701 Swigert Court
Bakersfield, CA 93311
www.diamondit.pro
(661) 833-5600
Executive Summary
Once the project has been approved and agreed funding completed, a project kick-off meeting will be conducted, and initial timelines will be established. Once the project begins, delays and other risks may require completion dates to be postponed or changed. Additional costs may?apply.

Acceptance Testing
Diamond IT will consider the project complete, send final invoicing, and close project after the following is complete:? 9 Camera feeds work correctly
Motion sensing audible alarm works when triggered
Notifications of motion detection work when triggered
1 Public Works employee and 1 Police Department employee have access to camera system Quote #007104 v6 Page: 5 of 10
8701 Swigert Court
Bakersfield, CA 93311
www.diamondit.pro
(661) 833-5600
Shop
Description Price Qty Ext. Price
8MP Security Camera with License $7,024.74 1 $7,024.74
Shop Labor $4,701.65 1 $4,701.65
Subtotal: $11,726.39
Admin
Description Price Qty Ext. Price
8MP Security Camera with License $7,184.18 1 $7,184.18
Admin Labor $7,452.07 1 $7,452.07
Subtotal: $14,636.25
Audio Deterrent
Description Price Qty Ext. Price
Audio/Visual Deterrent Hardware $338.50 1 $338.50
Audio/Visual Deterrent Labor $3,564.16 1 $3,564.16
Subtotal: $3,902.66
Quote #007104 v6 Page: 6 of 10
8701 Swigert Court
Bakersfield, CA 93311
www.diamondit.pro
(661) 833-5600
Public Works Camera System - Phase 1
Prepared by: Prepared for: Quote Information:

DiamondIT City of California City Quote #: 007104
Cody Cooper
(661) 833-5600
Fax (661) 833-5608
[email protected]
21000 Hacienda Blvd
California City, CA 93505
Latisha Lamberth
760-373-7377
[email protected]
Version: 6
Delivery Date: 01/09/2025
Expiration Date: 01/20/2025
Quote Summary
Description Amount
Shop $11,726.39
Admin $14,636.25
Audio Deterrent $3,902.66
Subtotal: $30,265.30
Estimated Tax: $750.18
Total: $31,015.48
Quote #007104 v6 Page: 7 of 10
8701 Swigert Court
Bakersfield, CA 93311
www.diamondit.pro
(661) 833-5600
Contract Summary
The enclosed materials are proprietary to Diamond TechnologiesInc. (“DiamondIT”), and are therefore copyrighted material. The materials are presented for the purpose of agreement to services and may not be disclosed in any manner to anyone other than the addressee and employees or an authorized representative of the herein addressed firm hereafter referred to as "CUSTOMER". This Quote is time sensitive and are therefore considered firm for 30 daysfrom date of quote.

Hardware/Software Purchases: Due to the fast-paced nature of technology and the unique needs of each project, DiamondIT does not typically stock Hardware and Software. Thus, all hardware and software orders require advance payment and will be ordered within one business day of payment being received unless otherwise noted in this proposal.

Returns may only occur with an RMA. RMA’smay not be issued for all items. Assuming we are able to return the product to the distributor or manufacturer, a restocking fee will typically apply to allowed returns.

DiamondIT reserves the right to modify any of the enclosed or related details thereafter.This Quote and pricing outlined herein is only valid when purchased as a complete hardware, software, and service solution unless otherwise agreed to by the Account Manager in writing in the “Modifications” section of the Quote.

SUMMARY OF BASIC CONTRACT PROVISIONS (“SUMMARY”)

1. Date of Contract (the “EffectiveDate”): The Contract is effective as of the date we first provide the services described herein.

2. Name and Address of DIAMONDIT (“DIAMONDIT”):

DIAMONDIT
8701 Swigert Ct.,
Bakersfield, California, 93311
(661) 833-5600
[email protected]

3. Name and Address of CUSTOMER (the “CUSTOMER”):

City of California City
21000 Hacienda Blvd
California City, CA, 93505
760-373-7377
[email protected]

4. Statement of Work (the “Work”): DIAMONDIT and CUSTOMER acknowledge and agree that DIAMONDIT is to provide CUSTOMER with the following WORK:

Project Services: Project Services are provided as scoped in the Statement of Work section of the Quote

5. Contract Documents (the “Contract Documents”):

5.1 This Summary.

5.2 The accompanying MSA Terms and Conditions of Contract.

5.3 The Addendum(s) referenced and acknowledged above in Section 4 entitled “Statement of Work”.

5.4 The Quote(s) referenced and acknowledged below in Section 10.1.

6. Initial Contract Term and Renewal (the “Contract Term”)Unless otherwise specified in the QUOTE SUMMARY,the Initial Contract Termshall be thirty-six (36) months. Upon the expiration of the Initial Contract Termof an Managed Services Agreement, Cloud Services Subscription, SaaS License, or Equipment Rental. The Agreement, Subscription, SaaS License and/or Equipment Rental will automatically renew for Quote #007104 v6 Page: 8 of 10
8701 Swigert Court
Bakersfield, CA 93311
www.diamondit.pro
(661) 833-5600
Contract Summary
successive twelve (12) month Terms at the then current rate unless You notify DiamondIT of Yourintent not to renew at least ninety (90) days prior to the termination date.

7. Initial Term Commitment (the “Term Commitment”) The pricing reflected in Your SUMMARY is directly related to the commitment to complete the Initial Termof your Summary. You are not able to downgrade or reduce the number of users and/or devices and maintain the pricing provided for your original number of users and/or devices. Youmay extend your Initial Termunder Your pricing specified in Your Summary or take advantage of volume pricing by committing to a new Contract Termto be agreed upon by DiamondIT,so long as the new Contract Termis equal to or greater than the time remaining on YourInitial Term.

8. Contract TargetCommencement Date (the “Target Commencement Date”): 12/20/2024 12:00:00 AM.

9. Contract TargetCompletion Date (the “Completion Date”): 12/31/2025 12:00:00 AM.

10. Contract Sum (the “Contract Sum”): CUSTOMER shall pay DIAMONDIT for the WORK in the amount(s) ("Contract Sums"), as hereinafter provided:

10.1. The Contract Sum as set forth in Quote #007104 v6 attached hereto,subject to modification as provided for.

Monthly Fee may be modified based on changes to number of users/computers/serversor covered devices/software during term of contract.

CUSTOMER agrees that all new users/items added during the term of this contract will be added to the monthly service fee as per the current per user/item fee.

11. Add-ons for Users, Devices, and Subscription Licenses. (the ”Add-On(s)”) Youmay purchase additional Add-Ons at any time at the Add-On Rate specified on YourQUOTE SUMMARY.Your Add-on Rate is determined by the Initial Termand number of users, devices and/or services purchased for YourInitial Term. This Add On rate shall remain in effect unless you extend Your Termand/or Your user, device and/or service count is altered. Any changes to Your Add-On Rate and Termmust be mutually agreed by You and DiamondIT.

12. Additional Provisions: I have read, understand and accepted the following:
 DiamondIT Master Service Agreement Terms and Conditions (MSA): https://diamondit.pro/MasterServiceAgreement  DiamondIT Privacy Policy: https://diamondit.pro/PrivacyPolicy  DiamondIT Microsoft Cloud Services Terms and Conditions: https://diamondit.pro/CloudTerms  DiamondIT Microsoft Online Services Terms and Conditions: https://diamondit.pro/MicrosoftTerms  DiamondIT ManageCentric Complete Addendum: https://diamondit.pro/MCC-Addendum  DiamondIT ManageCentric Essentials Addendum: https://diamondit.pro/MCE-Addendum  DiamondIT SecureCentric Addendum: https://diamondit.pro/SecureCentric-Addendum  DiamondIT CloudCentric Azure Addendum: https://diamondit.pro/CloudCentric-Addendum  DiamondIT Co-ManageCentric Addendum: https://diamondit.pro/Co-Managed-Addendum The parties hereto acknowledge that the Contract Documents constitute all of the documents listed in section 5 of this Summary (collectively the “Contract Documents”) and that there are no other agreements, written or oral, between the parties as to the Work. By their signatures below,the parties acknowledge and agree that, as of the EffectiveDate, they are bound by all of the provisions of the Contract Documents and that the Contract Documents are in full force and effect.

I have read and agree to the Contract Documents provided. I am an authorized agent with authority to enter into this agreement with DIAMONDIT. I hereby confirm to you that the information and arrangements outlined and the terms of payment are acceptable to us. Our deposit is forthcoming. This agreement cannot be canceled or modified without written permissions. Service rates are subject to change with notification.

Quote #007104 v6 Page: 9 of 10
8701 Swigert Court
Bakersfield, CA 93311
www.diamondit.pro
(661) 833-5600
DiamondIT City of California City
Signature:

Name: Cody Cooper
Title: VCIO/VCISO
Date: 01/09/2025
Signature:

Name: Latisha Lamberth
Date:

Quote #007104 v6 Page: 10 of 10
Committee/Commission Council Member (Primary/Alternate) Administration/Budget/Audit
Mayor Marquette
Hawkins/Christopher Lopez y p
Corporation (CCEDC) Mayor Marquette Hawkins
California City Film Committee
y q
Hurles (Alt)
California City/MUSD Corporation Committee Michael Kulikoff/ Michael Hurles (Alt) Citizen Advisory Committee (CAC) Chairman
reports quarterly on Special Tax, road paving Need to confirm EAFB Civilian Military Support Group Ron Smith/Christopher Lopez (Alt) EAFB Installation Restoration
Program/Restoration Advisory Board Michael Hurles/ Ron Smith (Alt) East Kern Air Pollution Control Board Michaerl Hurles/ Ron Smith (Alt) East Kern Alliance
Jesse Hightower/ Mayor Marquette
Hawkins (Alt)
East Kern Economic Alliance (EKEA)
Mayor Marquette Hawkins/Jesse
Hightower (Alt)
Friends of Edwards Air Force Base (FEAFB) Ron Smith/Michael Hurles (Alt) Gaming/Leisure/Entertainment Committee Mayor Marquette Hawkins Golf Course Sub Committee Michael Kulikoff/ Ron Smith (Alt) Housing Corporation Michael Kulikoff/ Ron Smith (Alt)
Kern Council of Governments (KCOG)
Mayor Marquette Hawkins/Jesse
Hightower (Alt)
Kern County Association of Cities Mayor Marquette Hawkins Kern County City Selection
Committee/Hazardous Waste Management
Committee Michael Hurles/ Ron Smith (Alt)
Kern Economic Develop Corporation (KEDC)
Mayor Marquette
Hawkins/Christopher Lopez
League of California Cities/Desert Mountain
Division
Mayor Marquette Hawkins/ Michael
Kulikoff (Alt)
Local Agency Formation Commission (LAFCO)
Need to confirm/ Needs membership
renewal
Mayor/City Manager
Mayor Marquette
Hawkins/Christopher Lopez
Parks and Recreation Commission
Personnel Relations Ron Smith/Jesse Hightower (Alt)
Planning Commission TBD
Public Safety Jesse Hightower/Michael Hurles (Alt)
Regional Water Management Group Need to confirm
SDI Committee Robbe Cordes/John Elmes
Successor Agency All Council
Faith Based Coalition Ron Smith/Jesse Hightower (Alt)

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