TEHACHAPI POLICE DEPARTMENT
COMMUNITY ROOM
220 WEST C STREET
AGENDA
TEHACHAPI CITY COUNCIL REGULAR MEETING,
TEHACHAPI REDEVELOPMENT SUCCESSOR AGENCY REGULAR MEETING,
TEHACHAPI PUBLIC FINANCING AUTHORITY REGULAR MEETING, AND
TEHACHAPI CITY FINANCING CORPORATION REGULAR MEETING
MONDAY, MARCH 7, 2022 - 6:00 P.M.
Persons desiring disability-related accommodations should contact the City Clerk prior to the meeting for the accommodation. A copy of any writing that is a public record relating to an open session of this meeting is available at City Hall, 115 South Robinson Street, Tehachapi, California.
Pursuant to G.C. Section 54957.5(b)(2) the designated office for inspection of records in connection with the meeting is the Office of the City Clerk, City Hall, 115 S. Robinson Street, Tehachapi, CA. Any items distributed to the City Council after posting of the Agenda Packet will be available for inspection at the Office of the City Clerk at City Hall. If you would like additional information on any item appearing on this agenda, please contact the Office of the City Clerk at (661) 822-2200.
CALL TO ORDER
ROLL CALL
INVOCATION
Participation in the invocation is strictly voluntary. Each City Councilmember, city employee, and each person in attendance may participate or not participate as he or she chooses.
PLEDGE TO FLAG
CONSENT AGENDA/OPPORTUNITY FOR PUBLIC COMMENT
All items listed with an asterisk (*) are considered to be routine and non-controversial by city staff.
Consent items will be considered first and may be approved by one motion if no member of the council or audience wishes to comment or ask questions. If comment or discussion is desired by anyone, the item will be removed from the consent agenda and will be considered in listed sequence with an opportunity for any member of the public to address the city council concerning the item before action is taken. Staff recommendations are shown in caps.
COMMUNITY ENGAGEMENT/MAYOR CERTIFICATES
1. #lovetehachapi recognized at Kern Council of Governments awards ceremony – MAYOR TO PRESENT
CERTIFICATE OF RECOGNITION
TEHACHAPI CITY COUNCIL REGULAR MEETING,
TEHACHAPI REDEVELOPMENT SUCCESSOR AGENCY REGULAR MEETING,
TEHACHAPI PUBLIC FINANCING AUTHORITY REGULAR MEETING, AND
TEHACHAPI CITY FINANCING CORPORATION REGULAR MEETING
MONDAY, MARCH 7, 2022 - 6:00 P.M. - PG. 2
AUDIENCE ORAL AND WRITTEN COMMUNICATIONS
The City Council welcomes public comments on any items within the subject matter jurisdiction of the Council. We respectfully request that this public forum be utilized in a positive and constructive manner.
Persons addressing the Council should first state their name and area of residence, the matter of City business to be discussed, and the organization or persons represented, if any. To ensure accuracy in the minutes, please fill out a speaker’s card at the podium. Comments directed to an item on the agenda should be made at the time the item is called for discussion by the Mayor. Questions on non-agenda items directed to the Council or staff should be first submitted to the City Clerk in written form no later than 12:00 p.m. on the Monday preceding the Council meeting; otherwise response to the question may be carried over to the next City Council meeting. No action can be taken by the Council on matters not listed on the agenda except in certain specified circumstances. The Council reserves the right to limit the speaking time of individual speakers and the time allotted for public presentations.
2. Public comment
CITY CLERK REPORTS
ALL ORDINANCES SCHEDULED FOR INTRODUCTION OR ADOPTION AT THIS MEETING SHALL BE READ
BY TITLE ONLY
Tehachapi City Council Unassigned Res. No. 13-22
Tehachapi City Council Unassigned Ord. No. 22-05-770
Tehachapi Redevelopment Successor Agency Unassigned Res. No. 01-22 Tehachapi Public Financing Authority Unassigned Res. No. 01-22 * 3. Minutes for the Tehachapi City Council, Tehachapi Redevelopment Successor Agency, Tehachapi Public Financing Authority, and the Tehachapi City Financing Corporation regular meeting February 7, 2022 – APPROVE AND FILE
FINANCE DIRECTOR REPORTS
* 4. Disbursements and bills for February 2, 2022 through March 1, 2022 - AUTHORIZE PAYMENTS
5. Disbursements and bills for RSI Petroleum for February 2, 2022 through March 1, 2022 – AUTHORIZE
PAYMENTS
* 6. City of Tehachapi Treasurer’s Report through January 2022 – RECEIVE REPORT
7. PUBLIC HEARING – Conduct a public hearing to receive public testimony concerning the transit needs within the City. The City of Tehachapi provides a transit service named Dial-A-Ride through Kern Regional Transit. The average cost per rider from 2020/2021 was $91.46 – OPEN HEARING; NOTICE OF PUBLIC HEARING AND CORRESPONDENCE; STAFF REPORT; RECEIVE PUBLIC COMMENT; CLOSE HEARING; ADOPT A RESOLUTION FINDING THAT THERE ARE NO UNMET TRANSIT NEEDS THAT ARE
REASONABLE TO MEET WITHIN THE CITY
TEHACHAPI CITY COUNCIL REGULAR MEETING,
TEHACHAPI REDEVELOPMENT SUCCESSOR AGENCY REGULAR MEETING,
TEHACHAPI PUBLIC FINANCING AUTHORITY REGULAR MEETING, AND
TEHACHAPI CITY FINANCING CORPORATION REGULAR MEETING
MONDAY, MARCH 7, 2022 - 6:00 P.M. - PG. 3
* 8. Formal commitment of an amount of fund balance to be set aside specifically for emergency contingencies as required by Governmental Accounting Standards Board No. 54 (GASB 54) for fiscal year 2021-2022 – ADOPT A RESOLUTION APPROVING THE CITY OF TEHACHAPI’S EMERGENCY
CONTINGENCY COMMITMENT OF FUND BALANCE FOR THE GENERAL FUND AND REPEALING RESOLUTION NO. 07-21
AIRPORT MANAGER REPORTS
* 9. Aeronautical Hangar Ground Lease Agreement for Hangar 04E – APPROVE THE AERONAUTICAL HANGAR GROUND LEASE AGREEMENT FOR HANGAR 04E BETWEEN THE CITY OF TEHACHAPI AND
TIMOTHY LEE MCGUIRE
10. Tehachapi Airport Dust Mitigation Project – APPROVE THE AGREEMENT BETWEEN THE CITY OF
TEHACHAPI AND THE EASTERN KERN AIR POLLUTION CONTROL DISTRICT FOR THE TEHACHAPI
MUNICIPAL AIRPORT DUST MITIGATION PROJECT AND AUTHORIZE THE CITY MANAGER AND CITY
ATTORNEY TO SIGN
PUBLIC WORKS DIRECTOR REPORTS
11. Clean California Caltrans Maintenance Agreement for Tucker Road (Hwy 202) from Highway 58 to Valley Boulevard – APPROVE THE CLEAN CALIFORNIA MAINTENANCE AGREEMENT BETWEEN
CALTRANS AND THE CITY OF TEHACHAPI FOR PARTICIPATION IN THE CLEAN CALIFORNIA LITTER
REMOVAL PROGRAM AND AUTHORIZE THE MAYOR TO SIGN
* 12. Agreement for the development of Industrial Waste Discharge (IWD) and Fats, Oils and Grease (FOG) programs – APPROVE THE AGREEMENT BETWEEN WALLACE GROUP AND THE CITY OF TEHACHAPI
AND AUTHORIZE THE MAYOR TO SIGN
DEVELOPMENT SERVICES DIRECTOR REPORTS
13. Snyder Avenue Road Rehabilitation Project – Notice of Completion – APPROVE THE NOTICE OF
COMPLETION FOR THE SNYDER AVENUE ROAD REHABILITATION PROJECT AND DIRECT STAFF TO
RECORD SAME
* 14. Quality Assurance Program 2022 update. This program provides assurance materials incorporated into construction projects conform with the contract specifications – INFORMATION ONLY
15. Community Facilities District No. 2017-01 (Public Services), Annexation No. 1 – ADOPT A RESOLUTION DECLARING ITS INTENTION TO ANNEX TERRITORY (TRACT MAP NO. 7363) TO A COMMUNITY
FACILITIES DISTRICT AND TO AUTHORIZE THE LEVY OF SPECIAL TAXES THEREIN, THE CITY OF TEHACHAPI COMMUNITY FACILITIES DISTRICT NO. 2017-01 (PUBLIC SERVICES) ANNEXATION NO. 1
CITY MANAGER REPORTS
16. Report to Council regarding current activities and programs – VERBAL REPORT
TEHACHAPI CITY COUNCIL REGULAR MEETING,
TEHACHAPI REDEVELOPMENT SUCCESSOR AGENCY REGULAR MEETING,
TEHACHAPI PUBLIC FINANCING AUTHORITY REGULAR MEETING, AND
TEHACHAPI CITY FINANCING CORPORATION REGULAR MEETING
MONDAY, MARCH 7, 2022 - 6:00 P.M. - PG. 4
COUNCILMEMBER REPORTS
On their own initiative, a Councilmember may ask a question for clarification, make a brief announcement, provide a reference to staff or other resources for factual information, take action to have staff place a matter of business on a future agenda, request staff to report back at a subsequent meeting concerning any matter, or make a brief report on his or her own activities. (Per Gov’t. Code §54954.2(a)) If an item is listed below the Council has the option to take action or refer the matter to staff for a later agenda.
CLOSED SESSION
1. Closed Session Minutes of February 7, 2022 meeting – APPROVE AND FILE
2. Conference with labor negotiator (the City Council) and unrepresented employee (the Police Chief) pursuant to Government Code 54957.6
3. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Paragraph (1) of subdivision (d) of Section 54956.9
Name of Case: Tehachapi-Cummings County Water District v. City of Tehachapi, et. At.
ADJOURNMENT
TEHACHAPI
CALIFORNIA
COUNCIL REPORTS
MEETING DATE: March 7,2022 AGENDA SECTION: COMMUNIW ENGAGEMENT
APPROVED
CITY MANAGER
DEPARTMENT
TO HONORABLE MAYOR SMITH AND COUNCIL MEMBERS
FROM: KEY BUDGE, COMMUNITY ENGAGEMENT SPECIALIST
DATE: March t,2022
SUBJECT: #lovetehachapi receives Kern COG Award
On Thursday March 3,2022, the Kern Council of Governments recognized the community volunteer group known as #lovetehachapi at their annual awards ceremony in Bakersfield. The City of Tehachapi proudly nominated #lovetehachapi for the Regional Award of Merit for Community lnvolvement for their work "loving on our city''as the flovetehachapi leader Nichole Hamblin says often.
What does "loving on our city'' mean? lt began in 2019 when they got together to help TPD Chief Kroeger with the Neighborhood lmprovement Project in a neighbor helping neighbor cleanup project in the residential neighborhood near the Tehachapi Municipal Airport. There were at least 25 people who came out and rolled up their sleeves to help people they didn't know.
That was the beginning as #lovetehachapi was created and sought ways they could help their community.
They kept in touch with our police and code enforcement departments to see if there were individual homes, people who were having problems maintaining their properties due to ate or medical disability or other hardship. #lovetehachapi handled it with minimal help from the citn we played a support role providing safety gear and trash bags.
#lovetehachapi continued every few months and continued to "!ove on Tehachapi" in their way, reverse carurashes, giving books to children, litter cleanup projects, and probably more that we are not even aware of.
#lovetehachapi is a group of Tehachapi residents who seek opportunities to help people and neighborhoods in our city without asking for anything in return.
I wanted to publicly recognize the acknowledgement and award made by the Kern Council of Governments to #lovetehachapi last week and to introduce this group to our council formally as t know some of you have ro!led up your sleeves along side them at some of these events.
TEHACHAPI POLICE DEPARTMENT COMMUNITY ROOM
220 WEST C STREET
MINUTES
TEHACHAPI CITY COUNCIL REGULAR MEETING,
TEHACHAPI REDEVELOPMENT SUCCESSOR AGENCY REGULAR MEETING,
TEHACHAPI PUBLIC FINANCING AUTHORITY REGULAR MEETING, AND
TEHACHAPI CITY FINANCING CORPORATION REGULAR MEETING
MONDAY, FEBRUARY 7, 2022 – 6:00 P.M.
NOTE: Wi, Sm, Da, Po and Sc are abbreviations for Council Members Wiggins, Smith, Davies, Pogon-Cord and Scrivner, respectively. For example, Wi/Smdenotes Council Member Wiggins made the motion and Council Member Smith seconded it. The abbreviation Ab means absent, Abd abstained, Ns noes, and NAT no action taken.
ACTION TAKEN
CALL TO ORDER
Meeting called to order by Mayor Smith at 6:00 pm
ROLL CALL
Roll call by City Clerk Tori Marsh
Present: Mayor Smith, Mayor Pro Tem Davies, Councilmember Pogon-Cord, Councilmember Scrivner, and Councilmember Wiggins
Absent: None
INVOCATION
Led by Chris Frost, Tehachapi Mountain Bible Church
PLEDGE TO THE FLAG
Led by Councilmember Pogon-Cord
CONSENT AGENDA Approved
Po/Wi Ayes All
MAYOR CERTIFICATES
1. Safe Surrender Baby Awareness month - PRESENTATION
AUDIENCE ORAL AND WRITTEN COMMUNICATIONS
2. Public comment
3. United Water Conservation District General Manager – INFORMATION ONLY Tehachapi City Council Regular Meeting – Monday, February 7, 2022 Tehachapi Redevelopment Successor Agency Regular Meeting Tehachapi Public Financing Authority Regular Meeting And Tehachapi City Financing Corporation Regular Meeting ACTION TAKEN
CITY CLERK REPORTS
* 4. Minutes for the Tehachapi City Council, Tehachapi Redevelopment Successor Agency, Tehachapi Public Financing Authority, and the Tehachapi City Financing Corporation regular meeting January 18, 2022 – APPROVED AND FILED Approved And Filed
Po/Wi Ayes All
5. SECOND PUBLIC HEARING - City of Tehachapi Redistricting – OPENED HEARING AT 6:15; PUBLISHED IN THE TEHACHAPI NEWS; NO CORRESPONDENCE WAS RECEIVED; ASSISTANT CITY MANAGER COREY COSTELLOE GAVE STAFF REPORT; RECEIVED PUBLIC COMMENTS; CLOSED HEARING AT 6:22 PM;
INFORMATION ONLY
NAT
FINANCE DIRECTOR REPORTS
* 6. Disbursements and bills for January 12, 2022 through February 1, 2022 -
AUTHORIZED PAYMENTS
Authorized Payments
Po/Wi Ayes All
7. Disbursements and bills for RSI Petroleum for January 12, 2022 through February 1, 2022 – AUTHORIZED PAYMENTS
Councilmember Davies Recused
Himself Due To A Potential
Conflict Of Interest. He Is An
Employee Of RSI Petroleum.
Authorized Payments
Sc/ Po Motion Carried
Abd Da
* 8. City of Tehachapi Treasurer’s Report through December 2021 – RECEIVED REPORT
Received Report
Po/Wi Ayes All
DEVELOPMENT SERVICES DIRECTOR REPORTS
* 9. Building Plan Check services request for qualifications and authorization to enter on-call services contract – APPROVED THE SELECTION OF 4LEAF
INCORPORATED AS THE PREFERRED CONSULTANT TO SUPPLY ON-CALL
BUILDING PLAN CHECK SERVICES AND AUTHORIZED THE MAYOR TO ENTER
INTO AN ON-CALL AGREEMENT FOR SAME
Approved The Selection Of 4leaf
Incorporated As The Preferred
Consultant To Supply On-Call
Building Plan Check Services And
Authorized The Mayor To Enter
Into An On-Call Agreement For
Same
Po/Wi Ayes All
* 10. Environmental Services request for qualifications and authorization to enter oncall services contract – APPROVED THE SELECTION OF RINCON CONSULTANTS
INCORPORATED AND FIRST CARBON SOLUTIONS AS THE PREFERRED
CONSULTANTS TO SUPPLY ON-CALL ENVIRONMENTAL SERVICES AND
AUTHORIZED THE MAYOR TO ENTER INTO AN ON-CALL AGREEMENT WITH EACH
Approved The Selection Of
Rincon Consultants Incorporated
And First Carbon Solutions As
The Preferred Consultants To
Supply On-Call Environmental
Services And Authorized The
Mayor To Enter Into An On-Call
Agreement With Each
Po/Wi Ayes All
11. Establish Underground Utility District No. 6 between Las Colinas and Curry Streets – DEVELOPMENT SERVICES DIRECTOR JAY SCHLOSSER GAVE STAFF REPORT; ADOPTED RESOLUTION NO. 08-22 ESTABLISHING UNDERGROUND UTILITY DISTRICT NO. 6
Adopted Resolution No. 08-22
Establishing Underground Utility
District No. 6
Sc/Wi Ayes All
Tehachapi City Council Regular Meeting – Monday, February 7, 2022 Tehachapi Redevelopment Successor Agency Regular Meeting Tehachapi Public Financing Authority Regular Meeting And Tehachapi City Financing Corporation Regular Meeting ACTION TAKEN * 12. Transfer funds for the Southern California Edison Rule 20A Management consultant – AUTHORIZED CITY STAFF TO UTILIZE UNUSED FUNDS FROM THE
NORTHSIDE NEIGHBORHOOD IMPROVEMENT PROJECT PHASE II TO FUND CONSULTING SERVICES ON THE RULE 20A PROJECT, THE UNDERGROUND UTILITY DISTRICT NO. 6 ON VALLEY BOULEVARD
Authorized City Staff To Utilize
Unused Funds From The
Northside Neighborhood
Improvement Project Phase Ii To
Fund Consulting Services On The
Rule 20a Project, The
Underground Utility District No.
6 On Valley Boulevard
Po/Wi Ayes All
13. Establish a Short-Term Rental Permit Fee – DEVELOPMENT SERVICES DIRECTOR JAY SCHLOSSER GAVE STAFF REPORT; ADOPTED RESOLUTION NO. 09-22
ADOPTING A SHORT-TERM RENTAL FEE
Adopted Resolution No. 09-22
Adopting A Short-Term Rental
Fee
Da/Po Ayes All
ASSISTANT CITY MANAGER REPORTS
14. Calrecycle Senate Bill 1383 Grant Application – ASSISTANT CITY MANAGER COREY COSTELLOE GAVE STAFF REPORT; ADOPTED RESOLUTION NO. 10-22 AUTHORIZING SUBMITTAL OF APPLICATIONS(S) FOR THE CALRECYCLE SB 1383
LOCAL ASSISTANCE GRANT FOR WHICH THE CITY OF TEHACHAPI IS ELIGIBLE Adopted Resolution No. 10-22
Authorizing Submittal Of
Applications(S) For The
Calrecycle Sb 1383 Local
Assistance Grant For Which The
City Of Tehachapi Is Eligible
Sc/Wi Ayes All
CITY ATTORNEY REPORTS
* 15. The attorney’s Spring conference for the League of California Cities is scheduled for May 4-6, 2022. The registration fee is $625 and a hotel room for 2 nights is $458.00. If approved by the City Council, the City’s share of the registration fee and hotel room would be $541.50 – APPROVED THE CITY’S SHARE OF THE COST FOR THE CITY ATTORNEY TO ATTEND THE LEAGUE OF CALIFORNIA CITIES’
SPRING CONFERENCE
Approved The City’s Share Of
The Cost For The City Attorney
To Attend The League Of
California Cities’ Spring
Conference
Po/Wi Ayes All
CITY MANAGER REPORTS
* 16. Bank accounts signer card update – ADOPTED RESOLUTION NO. 11-22
AUTHORIZING DESIGNATED OFFICERS TO DEPOSIT, DISBURSE, AND/OR
TRANSFER FUNDS INTO AND OUT OF SAVINGS ACCOUNTS AND DEMAND
DEPOSIT ACCOUNTS, AND TO DEPOSIT FUNDS AND ACCEPT CERTIFICATES OF
DEPOSIT FROM ANY FEDERALLY OR CALIFORNIA STATE CHARTERED BANK
LOCATED WITHIN THE STATE OF CALIFORNIA AND REPEALING RESOLUTION NO. 03-21
Adopted Resolution No. 11-22
Authorizing Designated Officers
To Deposit, Disburse, And/Or
Transfer Funds Into And Out Of
Savings Accounts And Demand
Deposit Accounts, And To
Deposit Funds And Accept
Certificates Of Deposit From Any
Federally Or California State
Chartered Bank Located Within
The State Of California And
Repealing Resolution No. 03-21
Po/Wi Ayes All
* 17. Local Agency Investment Fund signers update – ADOPTED RESOLUTION NO. 12- 22 AUTHORIZING THE INVESTMENT OF MONIES IN THE LOCAL AGENCY INVESTMENT FUND AND REPEALING RESOLUTION NO. 50-16
Adopted Resolution No. 12-22
Authorizing The Investment Of
Monies In The Local Agency
Investment Fund And Repealing
Resolution No. 50-16
Po/Wi Ayes All
18. Report to Council regarding current activities and programs – VERBAL REPORT Tehachapi City Council Regular Meeting – Monday, February 7, 2022 Tehachapi Redevelopment Successor Agency Regular Meeting Tehachapi Public Financing Authority Regular Meeting And Tehachapi City Financing Corporation Regular Meeting ACTION TAKEN
COUNCILMEMBER REPORTS
CLOSED SESSION
1. Closed Session minutes of January 18, 2022 meeting – APPROVED AND FILED Approved And Filed Wi/Sc Ayes All
2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: Hangar 04E
Agency Negotiating Party: City Manager
Negotiating Party: Karen Hazelhurst
Under Negotiation: Possible exercise of City’s right of first refusal to purchase Hangar 04E
City Declined Its Right Of First
Refusal
Sc/Da Ayes All
3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: Water Rights
Agency Negotiating Party: City Manager and Public Works Director Negotiating Party: West Tehachapi Mutual Water Company
Under Negotiation: Price and Terms of Payment
Approved Water Lease To West
Tehachapi Mutual Water
Company And Authorized The
Mayor To Sign
Sc/Po Ayes All
4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: Water Rights
Agency Negotiating Party: City Manager and Public Works Director Negotiating Party: California Water Service Company
Under Negotiation: Price and Terms of Payment
Approved Water Rights Lease To
California Water Service
Company And Authorized The
Mayor To Sign
Sc/Po Ayes All
5. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Paragraph (1) of subdivision (d) of Section 54956.9
Name of Case: Tehachapi-Cummings County Water District v. City of Tehachapi, et al.
NAT
ADJOURNMENT
The City Council/Boards adjourned at 6:46 p.m. to a City Council, Tehachapi Redevelopment Successor Agency, Tehachapi Public Financing Authority and Tehachapi City Financing Corporation Regular Meeting to be held on Monday, March 7, 2022 at 6:00 pm.
Adjourned At 6:46 p.m.
__________________________________
TORI MARSH, CMC
City Clerk, City of Tehachapi, California
Approved this 7Th day
Of March 2022.
___________________________
PHILIP A. SMITH
Mayor, City of Tehachapi, California
Accounts Payable
Checks by Date - Detail by Vendor Number
User: afiescas
CITY OF
2/15/2022 lt42 PM
Check No Vendor No
Invoice No
Vendor Name
Description
TEHACHAPI
CALIFORNIA
Check Date
Reference
CheckAmount
ACH 0061
0091534
009753s
0097536
009?531
0097538
BSK Associates
Village Collective/D€c 202 I
Mardott Hotel/Dec 202 I
Tract 6668
Mill Street Alley/Dec 2021
Encroachment Permits/D€c 2021
210.25
342.25
494.25
404.25
158.25
Total for dris ACH Check for V€ndor 0061:
Total for Vendor 006l (BSK Associates):
FedEx
Shipment to Nichols Consulting
Tolal for this ACH Check for Vendor 0l 5 5:
Total for Vendor 0155 (FedEx):
Mission Linen & Uniform Service
PWLin€n Maintenance
SWr/WWTP Mats
PWLin€n Maint€nance
SWr/WWTP Mats
Total for this ACH Check for Vendor 0300:
Total for Vendor 0300 (Mission Linen & Uoiform Service):
Sparkletts
PWHoVCold Wat€r Cool€r Rental
Wr/Hotcold Wat€r Cooler Rental
Sw/Hot/Cold Water Cooler R€ntal
Total for this ACH Check for Vendor 0399:
Total for Vendor 0399 (Sparkletts):
Greater Tehachapi Chamber of Commerce
ED/Chairman Circle Silver Membenhip Jan l-D
Total for this ACH Check for Vendor 0424:
Total for Vendor M24 (Greater Tehachapi Chamber of Commerce):
2,109.25
0155
7-650-23209
2,109.25
80.01 ACH
80.01 98.81
26.61 89.81
26.61 0300
516400857
516400858
5t6434990
5t6434991
ACH 0399
4365880 020122
4365880 020122a
43658tro 020122b
24t.84
241.44
55.02 55.03
ACH 0424
2208
165.08
4,000.00
4,000.00
4,000.00
AP Ch€cks by Da€ - Detail by Vendor Number (2/1512022 1:42PM) Page I Check No Vendor No
Invoice No
Vendor Name Check Drte
Reference
CheckAmount
ACH
ACH
0426
232022
232022-A
232022-9
232022-C
232022-D
232022-E
232022-F
232022-G
232022-H
232022-l
232022-I
0431
0t22109u8
o44l
73176388
73142948
Tehachapi-Cummings County Water Distri(
Wtr/#005399 Chemtool I-andscaping/Jan 2022
Wtr/#005400 Henway Landscaping/Ja! 202?
Wtr/#005401 \ryast€ MSrnt Landscaping[an 202
Wtr/#005402 TUSD Lands.apingl lan 2022
LLDI#005403 WaFior Park Landscaping/Jan 20:
LLDI#005404 COT Irnd s.zpinvtan 2022
LLD/#005405 COT Median Landscaping/Jan 20
Wd#005434 TUSDDN2 Landscaping/Jan 202i
Wtr/#005435 TUSD-DN4 Laidicaping J,rr 202i
Wts/#005437 TUSDDN6 Landscapingfan 202i
Wtr/#00543E TUSD-DNE Landscapingfan 202i
Total for this ACH Check for Vendor (X26:
Total for Vendor 0426 (Tehachapi-Cummings County Water District):
Tehachapi Flower Shop
Sympathy Plant-Ann Marie Novingsr
Total for this ACH Check for Vendor 0428:
Total for Vendor M28 (Tehachapi Flower Shop):
Tehachapi News
Utility NoticevNotice of Public Hearing/Cod€ E
Tot-al for this ACH Check for Vendor Ml
Toral for Vendor 043 | (Tehachapi News.l:
Vulcan Materials Company
Wtr/water Servic€ Patch Back
Sms,4othole Repairs
Total for this ACH Check for Vendor (X41:
Total for VeDdor 0441 (Vulcan Materials Company):
Tehachapi Scnior Center Inc.
Senior Center Cost Suppor/Meals on Wheels
Total for this ACH Check for Vendor 0445:
Total for Vendor M45 (Tehachapi Senior Center Inc.):
28.72 4.50
4.50 346.76
17.08 4.50
803.69
4.50 396.86
4.50 r,620.87
ACH 0428
272022
1,6m.87
50.00 50.00
1,1M.t0
1,104.l0
ACH
l,104.10
391.06
1,101.16
| 492.22
1,492.22
400.00
ACH 0,145
212022
ACH 0450
852643
USA Bluebook
Wtr/Color Meter
400.00
400.00
ttg.12
Total for this ACH Ch€ck for Vendor 0450:
Total for Vendor 0450 (USA Bluebook):
lt9.t2
t19.t2
AP Cbecks by Date - Detail by Vendor Number (211512022 l:42PM) Pzge 2 CheckNo Vcndor No
Invoice No
Vendor Name
Deicription
Check Date
Reference
CheckAmount
ACH 04.76
287189
247668
2a7668-A
WTTS Everything for the Oftice
WE/Office Supplies
PWOffice Supplics
Pwoffice Supplies
Total for rhis ACH Check for Vendor 04?6:
Total for Vendor M76 (WITTS EvErythtng for the Oftce):
Safety-Kleen Systems lnc.
PWrus€d Oil
Total for this ACH Check for Vendor 0509:
Total for Vendor 0509 (Safety-Kleen Systerns Inc.):
Pioneer True Value Home C€nter
Wa/Minton Well Chlorine Room
Wtr/Crcdit- Minton Well Chlorine Room
Wtr/Rock for Miflon Well Chlorine Room
Total fo. lftis ACH check for vendor 0689:
Total for Vendor 0689 (Pioneer True Valu€ Home Center):
ACWA/JPIA
M€dical Insnranc€ Premiurn & AdjustmentMaft
Dental Insurance Premium & Adjustment/March
Vision Insurance PremiuDr & Adjustment/Marcb
Lifc Insurance Premium & Adjushnent/March 2l
Tolal for this ACH Check for vendor 0832:
Total for Vendor 0832 (ACWA[PIA):
Kem County Public Works Dept.
Dial A tude Total Operatian Cost/Dec 2021
Dial A Ride Les6 Far€box Revenue/Dec 2021
Total for tbis ACH Check for V€ndor 0842:
Total for Vendor 0842 (Kern County Public Work Dept.):
League of Califomia Cities
GG/2022 M€mbership Dues
Total for lhis ACH Check for Vendor 0956:
Total for Vendor 0956 (League of Califomia Cities):
Hinderliter dellamas & Associates
Annual Use Fee Mar I 2022-Feb 28 2023
28.93 8.06
9.71 46.10
ACH 0509
88118165
46.10 299.t5
299.Ls
ACH 0689
2202-t31428
2202-t3r463
2202-13l93l
0832
o6aA72
06a1472-A
0681472-B
0681472-C
299.t5
363.43
-r50.00
273.43
486.86
ACH
486.86
69,030.16
9,150.70
t,482.&
1,900.89
81,564.95
ACH 0842
T19380
T19380-A
ACH 0956
6r''l424
ACH 1034
sINol4560
81,564.95
t2,962.O2
-238.33
t2,723.69
t2,723.69
6,355.00
6,355.00
6,355.00
3,001.64
AP Ch€cks by Date - D€tail by Vendor Number (211512022 l:42 PM) Page 3 Check No Vendor No
Invoice No
Vendor Nam€ Check Date
Reference
Check Amount
Tolal for this ACH Check for Vendor 1034:
Total for Vendor 1034 (Hinderliter dellamas & Associates):
M&M's Sports Uniforms & Embroidery
Pwruniform Hats
Wtruniform Hats
Swrruniform Hats
Farmers Marke04^rhire Canopy
ED/Embroidery
Plaque-Cunningharn
Total for this ACH Ch€ck for Vendor 1286:
Total for Vendor 1286 (M&M's Sports Uniforms & Embroidery):
Department of Transportation
Strts/Signals & Lighting loct-Dec 2021
Total for rhis ACH Check for V€ndor 1422:
Total for Vendor 1422 (Depadment ofTransportation):
Kem County Auditor-Controller-County Cl
CEQAFiling Fee/Al Self Storage
Total for this ACH Check for Vendor 1469:
Total for Vendor 1469 (Kem County Auditor-Controller-County Clerk):
Alpha Scapes Inc.
Gc/l,andscape Contract Scrvice/Feb 2022
Pwl-andscape Contract ServicelFeb 2022
PD,/kndscap€ ConFact S errice"lF eb 2022
Stfis/Landscape Contract ServiceFeb 2022
RR Depovlandscape Coniract S€rvice/Feb 2022
Frcedom Plaza.rlandscape Contract Service/Feb
Swr/l^andscape Contract Service/Feb 2022
Park & Ride/I-andscap€ Cont-act Service,/Feb 20
LLD-Tract 606AL andscap€ Contract Senice,4€l
LLD-Tract 62\2,4-andscap€ Conbacl Seflice/F€l
LLD-Tract 5812 & 621s/Landscape Contiact Ser
LLD-Tract 62l6,4nndscape Contract Service/Fel
LLD-Tract 58 I L4, andscape Contract Scwicc/Fcl
LLD-Tract 63 60[andscape Contlact S€rvice/Fe]
LLD-PM I I 353[-andscap€ Contaci Service/Fet
LLD-PM 1221gllandscape Conrract Service/Fet
Pwlandscaping on Green St
GGNaste Mgmt Jan 2022
Tolal for this ACH Check for V€ndor I 729:
Total for Vendor 1729 (Alpha Scapes tnc.):
3,007.64
ACH 1286
52080
52080-A
52080-B
52174
52191
522t6
3.00'7.64
352.t9
108.37
41.27 |,021.O2
't'7.22
275.81
r,915.88
ACH t422
sL220706
1,915.E8
|,402.7s
I,402.15
1,402.75
50.00 ACH 1469
292022
ACH t't29
14308
14308-A
14308_B
14308-C
14308-D
14308-E
14308-F
14308-c
14308-H
14308-t
14308_J
14308-K
14308-L
14308-M
14308-N
14308,O
14319
14322
50.00 503.l0
2,472.40
t07.30
1,295.40
166.40
83.9'l
377.00
47't.20
1,r 18.00
417.30
2,915.50
10,279.00
4,721.60
32.50 123.50
86.82 235.00
| 5 t.81
25,563.80
25,561.80
AP Checks by Date - Detail by Vendor Number (2/15/2022 lA2PM]. Pae€ 4 Check No Vendor No
Invoice No
Vendor Nrme
Description
Check Date
Reference
ChcckAmount
ACH 2026
016248951
ACH 2l 11
014467
2147
D0u225
AV Fuel Corporation
Air/ I 00LL Aviation Fucl
NAPAAUIo Parts
S*r/Perkins Pump Filters
Total for lhis ACH Check for V€ndor 2026:
Total for Vendor 2026 (AV Fuel Corporation):
Total for this ACH Check for Vendor 2 I I | :
Total for Vendor 21l l (NAPAAuto Parts):
t1,934.81
17,934.87
17,934.87
59.78 59.78
ACH
59.?8
81.50 Coffee Break Service Inc.
Gc/Coffee Service & Supplies
Tolal for this ACH Check for vendor 2147:
Total for vetrdor 2147 (cofe€ Break Service Inc.):
Home Depot Credit Services
Wtr/Retum- Minton Woll Chlorine Room
Wtr/Retum- Minton Well Chlorine Room
Wtr^,finton Well Cblorine Room
Wtr/Minton Well Chlorine Room
Pwchristmas Storage
Wtr^,linton Well Chlorine Room
Wtr^.{inton Well Chlorine Room
WE^4inton Wcll Chlorine Room
Pwsafety Gloves
PWHot Patchcr Light€r
Pw/Batteries
Pwsafety Gloves
Wts/Tools
Wtr/Shovels
WtrMbton Wcll Chlorine Room
StfsErivew.y Approach
WtrMinton Well Chlorine Roorn
Swr/concrete for Repaii at WWTP
WtrMinton Well Chlorin€ Room
PWA(eys for Beekay Theatet
Wtr^,tinton Well Chlorine Room
Wtr^{inton Well Chloine Room
PwBatt€iies for Tools
Wtr/Suppli€s for Minton Well Chlorine Room
Wtr/Tow Chaid
WtsA4inton Well Chlorine Room
WtrMinton Wcll Chlorine Room
PWSQ.kes for Trces
Pwlrrigation Repair Curry St
Wtr^,linton Well Chlorin€ Rooms
Pwlighls for Annex
PWHvac Tools
Pwcraftiti Removal
81.50 ACH 2695
A-114213
8-3081273
c-1012653
cA-1022085
D \5252'16
E-',t012146
EA-'t0t2746
F-7513266
G-1513266
H-761057E
I-7610583
J-7610583
K-?610603
L-6131209
M-6520170
N-6610690
o-5022531
P-5513413
Q-5513432
R-5610753
s-4610847
T-4610874
u-9s13786
v-9611264
w-9624596
x-a012994
Y-8013009
YA-E023051
YB-8513923
vc-a611275
YD-3023424
vE-3023425
Yl -2611778
81.50 -31.05
-36.14
145.l5
35.62 90.44
35.23 12.8i
18.20 50.20
6.45 4t.41
34.29 10.41
25.70 33.60
11.80 t13.52
7.23 72.M
19.08 376.94
19.93 t6.41
44.68 68.l8
47.17 t5.'12
155.84
6.93 389.38
5l.86
162.23
u.t6
AP Checks by Date - Detail by vendor Number (2115/2022 l:42PM1 Page 5 CheckNo Vendor No
Invoice No
Vendor Nrme Check DNte
Referenc€
CheckAmount
YG-261r778
yH-2624951
YI-1514341
YJ-1625011
yK-12t499
YL-23682
YM-40184
1'N-511947
YO-611981
YP-6013316
YQ-6514666
YR-6811840
YS-5514?21
YT-5521288
YU-5612345
y\-4t3t962
YW4l3l964
YX4131976
't446t2422
v246t2438
Z4620360
zA-3132016
zB-3514903
Pwsafety Gloves
AirlTools
PwPressurc Washer Repair
Wt /Supplies for Shop
Wtr/Tread Sealant
Wtr/Minton Well Chlorine Room
Swr/E-218 Boltr for Sveeper
Stts/Tools for Asphalt Repair
Wtr/Minton Well Chlorine Room
Stls,Raise to Grade- N. Crrcen
PWCones
Pwtrence for Vall€y Blvd
PWPD Office Painting
PWPD Painting
Wtr^,linton Well Chlorine Room
PWMulch- Pion€er Park
Pw^dulch- Pioneer Park
Wtr/Minton Well Chlorine Room
Wh^-{inton Well Chlorine Room
PwPainting at PD
PWMulch Pione€r Park
Wtr,Minton Well Chlorinc Room
Toal for this ACH Check for Vendor 2695:
Total for Vendor 2695 (Home Depot Credit Services):
Cardmember Service
CSMFO/S Wier
Prime Signs/Retircmcnt Banner- H Chung
Total for this ACH Check for Vendor 2893:
Total for Vendor 2893 (Cardmember Service):
Keyed Up Mobile Lock
Wh/Minton Wells Chlorine Room Key
Total fo. this ACH Ch€ck for Vendor 295 I :
Total for Vendor 295l (Keyed Up Mobile Lock):
AI&T
SwTAMWTP Office #9391006713 Jan 6-Feb 5 2C
RR Depot #9391006715 lan 6-Feb 5 2022
Swr/Lift Station #939 1006716 lzn 6-Feb 5 2022
GG/City Hall Fax #9391006717 Jao 6-Feb 5 202
Air/AWOS #9391006718 Jan GFeb 5 2022
Auto Dial 1002 Applewood Pump Srn #9391006
Air/Fuel System #9391 006120 Jx 6-F eb 5 2022
Total for this ACH Check for Vendor 2963:
Total for Vendor 2963 (AT&T):
35.34 55.88
129.30
49.69 3t.62
231.26
5.08 162.25
24r.21
102.75
4t.27
126.68
43.84 60.78
108.76
145.02
13.90 35.57
78.25 19.57
108.76
43.68 4,O4O.27
ACH
4,O4O.27
I10.00
41.61 2893
A-2151
B-3917
ACH 2951
708748
ACH 2963
t't7ta1t6
t17ra1r7
17718718
l'771E719
r't't t8't20
t1718121
17718722
l5l.6l
l5l.61
72.00 72.00
r01.9?
22.21 43.36
22.21 22.2\
20.90 302.13
AP Ch€cks by Date - Detail by Vendor Number (Al5/2O22 1:42PM\ Pag€ 6 Check No Vendor No
Invoice No
Vendor Nrme
Description
Chcck D.te
Reference
Ch€ckAmou[t
ACH 3066
2000577960
2000581994
2000581994-A
2000581994-B
2000581994-C
2000581994-D
200058 1994-E
20005E 1994-F
2000s8 I 994-G
2m0581994-H
20005E 19941
20m581994-J
2000583892
AECOM Technical Services Inc.
Plan Check Services
Urban Greening
Encroachment Permits
Encroachm€nt P€rmils
Snyder Gap Clo6ure
Marriott
Tract 6216
Tract 6248
Tract 6668
Outsource Utility
Encroachment Pemits
Professional Services
Walrrlart Warranty Work
Total for this ACH Check for Vendor 3(X6:
Total for Vendoi 3066 (AECOM Technical S€rvices Inc.):
Kem County AninBl Ssrvices
Qtly Aminal Services/Agre€ment 067-2002 & 4(
Total for lhis ACH Check for Vendor 3093:
Total for Vendor 3093 (K€rn County Animal Services):
Suzette Snider
DSD/Jay Schloss€r
Davis-Gr€en St Road Rehab
The Address
Tolal for this ACH Check for vendor 3 605:
Total for Vendor 3605 (Suzene Snider):
Tractor Supply Credit Plan
PWFerce Repair Aflelope RuIl
PWT-109 Csble
Wr/Tools
Wtr/Gas Cabs Well Sit€s
Total for lhis ACH Check foi Vendor 3?30:
Total for veddor 3730 (Tractor Supply Credit Plan):
Diamond Technologies
Microsoft 365
Manage C€ntric Completc Caie/February 2022 t
Remote Access
PW,New Cabl€ for Gate
Wtr/New Cable for Gate
Swr/New Cable for Gate
10,870.00
3,694.94
2,00't.44
8?5.00
125.00
250.00
3?5.00
500.00
687.50
125.00
125.00
5,r77.45
3,393.50
28,205.83
ACH 3093
162022
28,205.83
10,290.00
10,2m.00
ACH 3605
r52022
152022-A
r52022-9
3'130
100644644
r00649407
200439850
20044t444
10,290.00
15.00 15.00
15.00 ACH
45.00 34.30
lo't.24
9't.53
96.46 335.53
ACH 3807
3MlIMS
3MI2C
304l3SC
30510
30510-A
30510-B
335.53
t,'t44.00
19,780.00
96.00 83.12
83.12 83.12
AP Checks by Date - Detail by V€ndor Number (AI5DO22 1:42PMt PzEe 7 Check No Vendor No
Inyoice No
Vendor Nsme Check Date
Reference
CheckAmount
Tolal for this ACH Ch€ck for Vendor 3807:
Total for Vendor 380? @iamond Technologies):
O'Reilly Automotive Inc
SwrAools
Pw/E-218 Blue D€f
AirlA-C Blow€r Motor Replaced
PD/TE-3o Maintenance
PD/TE- I 9 Wiper Blad€ Retum
PD/I!-30 Batt€ry-Core Rehrm
Pwcorilla clue
PD/TE-33 Motor Oil/Oil-Air Fitters
Swr,€-218 Sealed Beam
Swr,E-218 Sealed B€am
PWE-2 1 1 Battery
PWE-2 I 1 Battery
PWShop Supplies
PD/TE-3o oil
PWIr'-s Oil Filter
PW,ry-24 Oil Filter
PW^r'-17 Tail Lights
Pw/V-35 Running Board
Pw/V | 7 Ignition-/Fuel Pressure Sensor
PWAr'-lT ISnition Retum
PW,4/-17 Ignition
Wtr/V-26 Blue D€flCleaning Supplies for Vehicl
PWN -3 I Oil & Air Filt€rs
PD/Return - Oil Filters
Pwsafety Gloves
PD/TE-19 Wiper Blades
PW,4/-5 Air Flow Sensor
PD/TE-35 Motor Oil
2t,869.36
ACH 3848
4447-100211
4441-1002],1- A
4447-100404
4447-100526
4447-100t06
4447-t00107
4447 -100't09
444',7-\01336
444't - 101509
4447-tol51l
4447 -lOI549
4447-101556
4447 -t02',7 63
444't -102164
4447 -t02? 66
4441-102167
4447-tBsao
4447-t03692
4447 -103't32
444',7 -103145
444',7 -103't 46
444'7 -103797
4447-103858
4447 -499539
4447 -499556
4447 -499558
4447 -499629
4447-49974\
3903
14181
ula2
21,869.36
90.03 r 1.40
40.96 536.83
-10.90
-181.10
5.89 93.37
57.34 32.t5
139.90
-l.60
27.85 53.57
19.83 3.21
53.08 401.53
298.t3
-51.30
5 t.30
69.22 3't.29
-23.13
75.38 2t.12
94.22 43.95
Tolal for this ACH Ch€ck for VeDdor 3848:
Total for Vendor 3848 (O'Reilly Automotive Inc):
South Street Digital Inc
ED/Citizen Newsletler
Adopt A Landscape Program/AEs D€cals
Total for this ACH Check for Vendor 3903:
Total for Vendor 3903 (South Street Digital Inc):
Babcock Laboratories, Inc.
Sur,.[ry/TP Weekly Samples
Total for this ACH Check for Vendor 401 I :
Total for Vendor 4011 (Babcock Laboratories, Inc.):
AT&T Long Distance
1,995.52
ACH
1,995.52
2,470.50
445.45
2,915.95
ACH 401 I
cA20880-8827
2,915.95
|,324.\O
1,324.10
|,324.1O
ACH 4020
AP Checks by Date - Detail by Vendor Number (21\5/2022 I.A2PM) Page 8 Check No Vendor No
Invoice No
V€ndor Name
Description
Check Dlt€
Ref€rence
CheckAmount
1222022 PD/911 LonA Distance #86l30l525lMat 2\ 2O2
Total for this ACH Check for Vedor 4020:
Total for Vendor 4020 (AI&T Long Distancc):
Silver & wright LLP
COT 302 D€nnison Road,/D€c 2021
COT 307 Soutb Cury/Dec 2021
COT 313 South Cury/Dec 2021
COT lo(X Chris Ianc/Dec 2021
COT 49500 Alan Ave/Dec 2021
COT 515 East E St/Doc 2021
COT General Code Enfoicemen/Dec 2021
Tolal for this ACH Check for V€ndor 4023:
Total for vendor 4023 (Silver & wright LLP):
Interwest Consultitrg Group
DsD/Professional Svc/AT&T/Parking^Iughes/D
Toial for this ACH Check for vendor 4109:
Total for Vendor 4109 (Interw€st Consulting Group):
Wast€ Management
Refrrse ContracvDecember202l Billing
Recycling Contracf,/December 202 I Billirg
Kem County Bin Disposal Fce${Dec€mber 2021
Tolal for this ACH Check for Vendo.4142:
Total for Vendor 4142 (Waste Management):
Core & Main LP
Wtr/Clasps for Water Leaks
Wh/Valv€ KeyNrench
Wtr/Gauge for Wells
Total for this AcH check for Vendor 415 7:
Total for Vendor 4l5T (Core & Main LP):
Waste Management (ACH)
Swi/Str€et Swecping Bins #22 43 626 -03OOa I hn
PwPropane Delivery #l9-l'19a3-73(n0 ai202
Wtr,ryropan€ Delivery #19-17983-830084an 202
Shr€dding #19-62748-03007 /Jz':' 2022
Sv/r/3yd Bin # l9-65845 -33066[etrt 2072
t8t.74
187.74
ACH 4023
2897 |
28972
28973
28974
28975
28976
289't'7
ACH 4109
75236
ta7.74
67.80 534.50
257.4D
22.60 m.40
99.20 45.20
l,l17.10
1,117.10
2,377.95
ACH 4142
12302021-A
t230202t-B
1230202t'C
4t5'1
Q042988
Q206145
Q289185
ACH 4230
0008548-4808-2
o1246944'192-9
0t246954't92-6
0161557-4808-6
0l6l56l-4808-8
2,377.95
83,619.12
17,584.31
t2,504.O9
[3,101.52
ACH
1t3,70't.52
1,003.70
327.01
65.65 1,396.36
r,396.36
3,258.94
|,159.29
273.41
36.05 122.63
4,850.38
AP Checks by Date - Detail by Vendor Number (2/\5/2022 l:42PM) Total for this ACH Check for Vcndor 4230:
Check No Vendor No
Invoice No
Vendor Nrm€
D$criptioh
Check Date
Refer€nce
CheckAmount
ACH 4331
ll8E3l4
1r 88314-A
ACH 4354
3270s1
ACH 4358
49159
ACH 4363
668369
ACH 4384
FBN4398759
F8N4398759-A
FBN4398759-B
FBN4398759-C
FBN4398?59-D
FBN4398?59-E
F8N4398759-F
FBN4398759-G
FBN4398?59-H
FBN4398?59-I
ACH 4389
22t365279
22tf65279-A
221365279-B
222495848
22249'7009
Orkin
PWPest Control Services
Wtr/Pest Cantrol Scrvices
Swr/Pe6t Contt0l S€wices
GG/City Hall- Pest Control
Annex- Pest Coifrol
Total for Vendor 4230 (Waste Mamgement (ACH)):
Klein Denatale Goldner Anomey at Law
Groundwater Sustainability Project
Groundwatcr Sustaidability Proj€ct
Total for this ACH Check fo( Verdor 433 1 :
Total forundor 4331 (Klein Denatale Goldner Attomey at Law):
Mead & Hunt
Profcssional Services Dec 2021
Total for lhis ACH Check for Vendor 4354:
Total for Vendor 4354 (Mead & Hunt):
Lease Servicing Curter Inc
Swr/E-2l 8 Steet Sweepsr
Toral for tlis ACH Check for Vendor 4358:
Total for Vendor 4358 (Lease Servicing Center Inc):
Global Environmental Products
Swr/E-2 I 8 Bolts
Total for this ACH Check for Vendor 4363:
Total for Vendor 4363 (Global EnvircDmeffal Products):
Enterprise FM Trust
Wtr/Iruck Lease Feb 2022
PWTruck Lease Feb 2022
GG/Truck Leasc Feb 2022
GG/Truck L€asc Feb 2o22llntercst
GG/Truck t ease Feb 2Oz2lPrlrllcip l
Truck Lease Feb 2022lPrincipal
Truck Lease Feb 2o22lPrincipal
Wtr/Truck kase F€b 2o22llnter€st
Wtr/Truck kase F€b 2022lPrirc1qal
Total for this ACH Check for vendor 4384:
Total for Vendor 4384 (Erterprise FM Tru6t):
4,E50.38
9,t4.00
944.00
1,E88.00
1,888.00
1,700.00
1,700.00
l,?00.00
3,527.98
3,527.98
3,521.98
70.86 70.86
454.39
1,908.00
634.33
t,072.63
273.42
9E l.09
981.09
-981.09
270.48
981.54
6,575.88
6,575.88
8l.00
40.50 40.50
74.00 74.OO
AP Checks by Dale - Detail by Vendor Number (2115/2022 l:42PM) Page l0 Check No Vendor No
Invoice No
Vendor Name
De6cription
Ch€ck Drte
Refercnce
ChcckAmount
Total fm this ACH Check for Vendor 4389:
Total for Vendor 4389 (Orkin):
Springbrook Holding Co. LLC
Civic Pay & Pay Pad Transaction Fees/Jan 2022
Total for this ACH Check for Vendor 4400:
Total for Vendor 4400 (Sprinebrook Holding Co. LLC):
Wood Archit€cture
Urban Gre€ning
Total for lhis ACH Check for Vendor 4428:
Total for Vendor 4428 (Wood Architecture):
The Lew Edwards Group
Gc/Public Opinion Research/Recomihendations
Total for this ACH Check for Vendor 4549:
Total for Vetrdor 4549 (The Lew Edwards Group):
Byme Software Technologies Inc.
Professional Services
Total for this ACH Check for Vendor 4565:
Total for Vendor 4565 (Byrne Software Technologies Inc.):
Linde Gas & Equipment Inc
Pw,{ndustrial Acatyl€rc
Total for lhis ACH Check for Vendor 4569:
Total for Vendor 4569 (Linde Gas & Equipment Inc):
Tyack Tires Inc.
PWE-205 Tires
Total for this ACH Check for Vendor 4591 :
Total for Vendor 4591 (Tyack Tires Inc.).
310.00
310.00
762.4O
ACH 4400
INV-008489
ACH 4428
2626
ACH 4549
008
162.80
10,880.00
10,E80.00
10,880.00
6,000.00
6,000.00
6,000.00
ACH
ACH
4565
0@4271
4569
6E439341
975.00
975.00
201.48
201.48
ACH 4591
212923
201.48
944.52
944.52
944.52
391,935.93
AP Checks by Date - D€tail by Vendor Numbs (2/15/2022 l:42 PW Report Total (55 checks):
Page I I
Accounts Pavable
Checks by Date - Detail by Check Number
User:
Printed:
Check No Vendor No Vendor Ntme
Invoice No D$cription
CITY OF
afiescas
J/3/2022 9:50 AM TEHACHAPI
CALIFORNIA
Check Drte
Referetrce
CheckAmount
ACH 0372
12a2022
2022022
2022022-A
2022022-B
2022022-C
2022022-D
2022022-E
2022022-F
2022022-G
2022022-H
2022022-r
2022022-t
2022022-K
2022022-L
2022022-M
2022022-N
2022022-0
2022022-P
2022022-Q
2022022-R
2022022-S
2022022-T
2022022-U
2022022-V
2022022-W
2022022-X
2022022-v
2022022-Z
2022022-ZA
2022022-ZB
2022022-ZC
2022022-ZD
2022022-ZE
2022022-ZF
2022022-ZG
2022022-ZH
2022022-Zr
2022022-zl
2022022-ZK
2022022-ZL
2022022-ZM
2022022-ZN
2022022-ZO
2022072-ZP
2032022
2032022-A
2032022-B
2032022-C
Southern California Edison
Wtr/800,1425233NW Comer Anita-Dennison[u
Sfts/8002371 9671 1002 Tehachapi Blvd A/D€c 2
Strtv8002386384n 0O2 Tehachapi Blvd B/Dec 2
Swr/8003886514/000000 Tehachapi Blvd,/Dec 2'
Strts/80025151?gnehachapi-Tuckerdan 2022
LLD/80028ls7o4rndustrial Pk*y-Curry/Jan 201
Srrls/800245?E97/t00 S Curry Sr{an 2022
Stns/800274E942/Tehachapi Blvd-D€nnisod Rd/
strts/80025I5750/lv{ulberry-Brenrwood4an 202:
St(s/8m0952476^r'alley Blvd-Mutbetry S/lan ;
LLD/800284191?/Pinotr St-East Orchard-Cury
LLD/8004033054/\,1i11 St-D Stl lai 2022
Sms/8002E44782,4r'a11ey Blvd w/o DennisorVJan
PW80029D2907800 Enterprise Shop/Dcc 17 2C
Swr/E003327285/E00 Enrerprise - Faciliry/Dec I
PW8000691 540/800 Ent€rprise[an 2022
Sttu/8002397488flehachapi-Dennison/Jan 2022
srrts/80019169 | 5/100 w Tehachapi Blvd #B/D€
Stns/E001941 899/10l West F St/Dec 6 202t -Jan
Stls/80O0489050/TR 2995 Oakwood-Valtey/Jan
LLD I aOO24 525 49 nR 2995 Oakwood-Va eydar
SF s/8002452549/TR 2995 Oakwood-Valteyran
Strts/800281 795glTucker Rd,-HI'""y 2O2/ ! an 2O22
srrts/8002454554/Miu and J Suan 2022
Strls/8003094036/H St-crcen St l I M 2022
LLD/E000679393/45361 Mulbcrrydai 2022
Stns/80024857594,1i11 and J Srtan 2022
Sfts/80027381031F St do Mulberry/Jan 2022
LLD 8OO42432O4 lE T ehachaDi Blvd-steuber Rd
LLD/8002843219/Dennison-Pinon St/Jan 2022
Stns/8m02489190/213 W€st I SVJan 2022
Sfls/E002502 I ol/Hightinc & Curry/Jan 2022
StnV8002486668A,Iill S! Vo E Srran 2022
Strts/8003326795/126 East D StIan 2022
strts/80028003 84/Tuck€ r -\ a|ey | ! m 2022
Strts/8002826534/710 W Tehschapi blvdlsn 20;
Sms/E002503365/Tehachapi Blvd-Demisor/Jan
strts/8ooo1 I 7oE7lHighway 2021 J ur 2022
Sms/8002777497/Coodrick Dr e/o Dennisor/Jar
LLD/8002852577/T€hachapi Blvd-Bailey/Jan 20
LLD/80O25M58o/Dennison-Brett Averan 2022
srrts/800282780f /2000 Mege!],anD Jvn 2022
LLD | 80028293 1 1 lManzanite-crcen/an 2022
sms/80033542|4/303 E AvcD al2022
Wti/80001I1965 | /Curry Weltdan 5-Feb 2 2022
Wtr/8000488 1 89Dinon W€ll/lan s-Feb 2 2022
LLD/8000293383/1347 Clasico Dr Pedra! 5-Fe
LLD/8000296695/I I l5 Aldcr Ave Ped,4an s-F€t
0!t03t2022
30,E08.98
't3.09
24.52 2t9.97
50.15 13.76
62.15 9',7.99
16.33 58.E4
339.33
123.26
460.29
205.43
596.l3
65.03 130.02
66.46 115.82
12.a5
277.16
8,M3.30
t18.7'l
't'7.34
t39.62
61.50 95.07
268.57
53.15 |,272.60
12.26 16.78
t2.26
32.01 l5l.l2
t't3.98
t6.78
62.t5
226.13
86.02 46.41
t50.2't
282.89
t'7.95
3,626.55
2,509.54
t8.29
AP Checks by Date - Detail by Check Number (313/2022 9150 AM) Page I Check No Vendor No
Invoicc No
Vendor Nrm€
Dcscription
Check D.te
Ref€rence
CheckAmount
2032022-D
2$m22-E
2032022-F
2U2022-A
2042022-B
2U2022-C
2M2022-D
2M2022-E
2072022
?072022-A
2072022-8
2072022-C
2012022-D
2072022-E
20t2022-F
2072022-G
2072022-H
2072022-l
2072022-t
2072022-K
2t02022
2152022
2162022
2t62022-A
2162022-9
7t62022-C
2162022-D
2162022-E
2162022-G
2t62022-H
2162022-l
2r62022-t
2162022-K
2162022-L
2162022-M
2t42022
2t82022-A
2182022-B
2t82022-C
2182022-D
ACH 0395
2t72n22
2172022-A
21t2022-B
2177022-C
2172022-D
ACH 0745
2t5 t93
2t6943
2940
AT-A-0537
Jim Burke Ford
TE-29 Maintenance
PD/TE-3 I Suspension Repair
LLD/8000302048/1415 Alder Ave P€d/Jan 5-Fet
Wtr/800064186O/1299 S Curry St/Jan 5-Feb 2 2(
LLD/80U68970/ 1002 Applewood St-Pump S(l
Wtr/800462E073/129 Brcntwood Dr-Wahlsbom
LLD/E00162E562/501 l/2 Pinor an 6-Feb 3 20:
LLD/tool628l3lB I I Sutter SyJan 6-Feb 3 202:
LLD/8003 3 82785/1 80 Valleyllan (-Feb 3 2022
LLD/8000259694/110 l/2 Sutter St/Jab 6-Feb 3
Wtr/8001340514/3 5 8 East D SrMojave WelVJar
LLD/E0O08,14933/I | 5 Manzanita SVJan 7'Fcb 6
strts/8000850180/209 E Highlinc Rd Ped{an 7-:
LLD/8000191399/1199 Canyon fhive Ealt/Jan ;
LLD/80001924M/| 200 S Dennison an7-Feb6
LLD/8000193438/1202 S Deruison-Oar 7-Feb 6
LLD/E000195 859/ 1000 Csnyon Dr WesVJan 7-F
Sr*r/E003048390/755 Steubc. WclUJan 7-Feb 6 :
Wt/80014681 l9n hite Oak Extcnd E curry/Jan
Strts/8001 470568/ | 3 00 Goo&ick Dr #ZAan ?-F(
Air/t0026729t4/415 N Dennison/Jan 7-Feb 6 2C
Drain/8001I15579/409 Bailey CtIa.n 7-Feb 6 20
Wtr/800,{425233lNW Comer Anita-D€nnisorLda
Srrts/8003 135063/800 s cuny St #uan I E-Feb
Air/E000146155/Dennison Jo Hwy 38/Jan l9-F(
Ai 8000152422/314 ^Hayes StIan lg-Feb l5i
Airl800036 133 I /3 | 4 N Hayes St Papi/Jan 1 9-Fe
Air/8000880034/314 N Hayes St #G3Aan l9-Fel
Aii/8001 144201/l l4 N Hay€s St #B/Jan | 9-F€b
Airl8003312447/314 N Hayes SVJan l9-Feb l5:
Air/8003 3 12881/9999 l/2 Haycsran l9-Fcb l5 i
Air/80033 26595/3 | 6 N Moj ave Sy'Jan lg-Feb lj
Air/8003354614/west End Tch Aiport/Jan l9-Fr
PW8001026848/101 Commercial Way/Jan l9-F
CC/800335,f652l I I5 S Robinson St/Jan l9-Feb
DSD/8003367E62/| l7 S RobinsoD SVJan lg-Fet
Air/800103?981/409 Bryan c/Jan l9-Feb l5 20
Sttu/8003489234/500 Tuckq ar s-Feh 2 2022
Strts/8000779431i1668 Tehachapi Blvd B/Jan 2l
Sms/8m0778639/ 1668 Tehachapi Blvd A/Jan 2 I
Stns/80024753 8l /2069 E T€hachapi Bl B/Jan 2l
Strts/8002489094/2069 E TehachaDi Bl A/an 2l
Tolal for this ACH Chcck for Vendor 0372:
The Gas Company 0310312022
Police Dcpa(ment #128 516 9602 6ran l4-Feb
Annex #008 81? 0200 5 llan l4-Fe'.' 12 2022
City Hall #065 517 Mt)O TUan l4-Feb 12 2022
Airyon #010 916 9998 l0ar, l4-Feb 12 2022
visitor Center # 105 6 16 ('446 6llan l4-Feb 12 2l
1t.62
2,095.25
32.62 2,033.t7
18.l0
18.4E
18.l0
17.62 t,603.93
19.62 19.43
t9.43
19.43 20.99
t9.62
69.69 74.26
18.76 5l.07
37.22 2,793.61
58.20 l9E.l6
12.49 98.04
2t3.t3
107.7',7
96.66 33.75
87.84 59.78
|,022.14
264.55
206.55
11.12 2l.98
56.06 22.18
50.04 63,446.33
796.25
401.o2
362.2t
22t.74
25.31 Total fo. lhis ACH Check for Vendor 0395 :
03/0312022
1,806.60
155.00
2,328.t2
ACH US Bank Corporate Payment System
Trans Union/Dec 2021
Toral for this ACH Chcck for Vendor 0745: 2,443.12
75.00 AP Ch€cks by Date - D€tail by ch€ck Number (3l3l2o22 9:50 AM) 03/o3t2022
PaBe 2
Check No Vendor No Vcndor Nrrne
Invoicc No Dcscription
Check Drte
Refercncc
Check Amount
AI-8-2291
N -C-7764
AW-A-0145
AW-B-10&
AW-C-3831
AW-D-9493
AW-E-0s77
AVI-F-7243
AW-G-t l6l
AW-H-35s7
AW-I-6346
AW-J-553t
cc-A-7't't6
cc-B-5435
cc-c-7431
cc-D-2164
cc-E-401I
cc-F-0010
cc-G-9972
cc-H-7424
cc-I-17't2
cc-J-8516
DM-A-s537
DM-B-2949
DM-C-0730
DM-D-0730
DM-E-0730
DM-F-6680
DM-C-6680
DM-H-6680
DM-t-3651
GG-A-0032
cc-B-2965
GG-C-8749
GG-D-4149
GG-E.I48I
HC-A-3360
HC-B-?152
HC-C-1090
JS-A-1655
JS-B-0627
KK-A-1566
KK-B-5190
KK-C-7787
KK-D-5911
KK-E-2378
TN-A-30.34
TN-B-3730
TN-C-3730
TN-D-3730
TN-E-779r
TN-F-8414
TN-G-8414
TN-t-9276
TN-J-3894
TN-K-6939
TN-L-6939
TN-M-69r9
TN-N-9302
EventBrite/Oiozco Use of Force Training
AdobeAcrobat Monthly Subscription
Zoom Standard Pro Monthly Fee
IIMC Annual Membe.ship thru D€c 2022
Microsoft Onlinc Scwices
EventBrite TSP Banquet
Drop Box,/K Budge
SiriusxM Monlhly Fee
Costco/Oflice Supplies
Microsoft
Costco/Kitchcn Supplies
Adobe Acrobat
Lib€rated Syndication/Tehachapod
Adobe Acrobay'Creative Cloud
Microsoft 365
Pt€zilAnnual Plus Plar Jan ll-2D22-lai'\ l0 2023
ICMA Full Mcmbcnhip
Omnirax Fumiture Co/Desk Shipped for K BudC
Adob€ Stock
Mailchimp Monthly Plan
Motion Anay/Pro 365 Annual Fee
Lards End,/Shirls
PwProt€ch Auto Svc,ry-s Smog Check
PwProtech Auto Svc/V- | 7 Smog Ch€ck
PWHome Depolfolding Table
WE/Home Depot/Folding Table
Swr/Hom€ Depot/Folding Table
PWHome Depot/Folding Tablc
Wtr/Home Dcpo/Folding Tablc
Swr/Home Depot/Folding Table
PWHome Depotcas Cans
Shell OiLFuel
Shell Oil,/Fuel
Shell OiYFuel
RoundTablc Pizzs- Bldg Inspcction lntcrvicws
Kamenz Kafe/Coffee dTho Mayor
GFoA-Financial Repo( Award App Fce
Wall Street Joumal
PayPal Monthly Fee
Zoom AnDual Subscripri on J$ 20 2022-2023
5 Zoom Annual Subscriptton lM 20 2022-2023/A
Sparkletts/Wat€r Cooler RenlalNov 202 |
AftazonElue Ray and Wrist Pad
Kem Data Monthly Subscription
Pismo Lighthouse Suites/2022 Kem Chiefposr
(
Sparkle$snvater Cooler Renlal/Dec 2021
Pwsiteone/Warrior Park Black Wall
PwAmazor/Offi ce Supplies
Wtr/Amazor/Offi c€ Supplies
Swt/Amazorloffi ce Supplies
Pwcardeners SupplyPea cravel
Pw/Amer Bui ld€rs-Sireone/Deserr Block Cap
Wlr/Amer Buildcrs-Sit€Onc/Dcscrt Block Cap
SwrDostal ASAPruPS Shipment
Pwcracians crill/Statr Me€ring
PwAmazon/Ofiice Supplics
Wtr/Amazodolnce Supplies
S*t/Amazon/Omce Supplies
S\rrlAmazon /Adaprcr for Computcr
125.00
t4.99
t4.99
I15.00
8.25 98.14
I l 99
2t.91
t47.O3
r6.50
28.95 12.99
20.00 52.99
69.99 228.00
904.00
29.99 20.99
249.99
201.81
41.75 41.75
128.67
128.67
t28.67
20.'73
20.13 20.12
86.99 89.48
I13.00
s',t.87
10.26 460.00
4.00 30.00
r49.90
149.90
165.78
37.08 40.00
I,140.00
205.74
30.34 r9.89
19.89 19.89
145.86
2.46 23.91
36.81 243.tO
26.94 26.94
26.95 5.00
AP Checks by Date - Detail by Check Number (31312022 9:50 AM\ Page 3 Check No Vendor No
Invoice No
Vendor Name
D€scription
Ch€ck Drte
Reference
CheckAmount
TN-O-6538
TN-P-,|436
TN-Q-0602
TN-R-4334
TN-S-0360
301I
9899458505
4230
016155848084
4315
18275757
4420
1751385-1769634
Swr/Amazor/Adapler for Computer
PWAmazonRETURN-Pens
Swr/Amazoo,/RETURN-Adapter
Swr/Amazor/Adap!et
Swr/Amazon /Adapter
Total for this ACtl Check for Vendor 301 l:
Waste Management (ACH) 0310312022
PD/Docurnent Desructi onJlan 2022
Quadient Finance USA Inc.
Gc/Postage D€c 20 2021-l t lE2022
03to3t2022
Total for lhis ACH Check for Vcndor 4230:
Wex Bank 03/0312022
PD/Fuel for Patrol vehicl€vJan 7-Feb 6 2022
Total for this ACH Check for v€ndor 43 I 5:
7.50 -13.93
-7.50
6.00 7.50
ACH
Total for this AcH Check for Vendor 2940:
Verizon Wireless 03103/2022
Fin/Mobile Broadband #a72239l30 an |4-Feb
7,205.43
38.01 38.01
ACH
ACH
56859
36.05 119.40
ACH
9.40 |,2\9.59
Total for tbis ACH Check for Verdor 4420:
03t03t2022
1,219.s9
459.96
56857 406'7
1631
56858 0610
9U425
Total for Ch€ck Number 561t57:
03to3/2022
Toul for Check Number 56858:
03to3Do22
Total for Check Numb€r 56859:
03t03t2022
Total for Check Number 56860:
03t03D022
661 Communications
PD/TE-24 MDC Labor/Parts
Abate-A-Weed Inc.
Air/We.d Abatement
AI&T
459.96
7,220.OO
2963
117006t7
17718545
t11t8913
t't733302
7,220.00
995.87
419.03
32.'78
95.56 PD/91I DigitalAli #9391055312 2n 2022
PD/Phone Lines #9391040069/Jan GFeb 5 2022
PD,{-ong Distancc 9391009314/Jan 6-Feb 5 202i
PD/911 Alt Answer Circuiy'Jan lo-Feb 9 2022
Bob Murray & Associates
PD/Police Chief Executiv€/Recruitnent
Burke Williams & Sorenson LLP
I-€8al S€rvices thru Jan 3 | 2022/ AD a9-3
Legal Services thru Jan 3 | 2022/ AD 89-z
Canon Financial Services lnc
GG/Canon Copier/Dec 202 I
DSD/Canon Copier/Dec 202 |
PD/Canon Copi€r/Dec 202 I
Tolal for Check Number 56861:
03/03/2022
56E60 3671
9433
1,543.24
7,625.83
56861 2981
280151
280152
56862 4353
21925t17
27925111-A
2't925 t't't -B
7,625.83
49.00 8t 9.75
868.75
381.51
26t.69
276.40
AP Ch€cks by Date - Detail by Ch€ck Number (3l3/2O22 9.50 AM\ Page 4 Check No Vendor No
Invoice No
Vendor Nrme
Description
Check Drt€
Reference
ChcckAmount
56863 4503
2232022
Carol Swets
2022 Water Rights t €ase
Comprehend and Copy Nature LLC
2022 Water Rights Leasc
Data Ticket Inc.
Code Enfl Data Ticket
DataProse Inc.
Refrutility Billing/Printing Svcrar 2022
Wtrrutility Bil ling/Printing Svc/Jan 2022
Swrrudlity Billing,/Prinling Svcdan 2022
Refrutility BiUing/Posta gcfl a\ 2022
Wtrrutility Billing/Postagedan 2022
Swrrutility Billing/PostaSe/Jan 2022
FedEx
PWFPSE Mailing
Wtr/FPSE Mailing
SWi/FPSE Mailing
Ccn,lotary Seal
Gardener's Supply Inc
PW40-40 Stcrilanttslu€ Dyc
Swr/40-40 Sterilany'Blue Dye
Wtr/,{)-,|{) Stcri lanttslue Dye
Air/4Mo St€rilant/B lu€ trye
Geoff Kallenberger
2022 Kallenberger Water Righrs
Good Yeat Commercial Tire
PD,Datrol Vehicle Tires
Hamed Jones
CSMFO Conference
CSMFO/Bcst Wesoem/Lodging
CSMFO Conference^{eals & IE
CSMFO Conferehce/Mileage
Tolal lor Check Number 56862:
03/03t2022
Total for Check Number 56863:
o3to3/2022
Total lor Check Number 56864:
o3/03/2022
Tolal for Check Number 56865:
03/0312022
919.60
38,125.00
56864
56865
56E66
56870
4502
2232022
4194
133551
2418
DP2200208
DP2200208-A
DP2200208-B
DP2200208-C
DP2200208-D
DP2200208-E
0155
7-61644536
7-6t644536-A
1-6t644536-B
1,636-62505
4220
39944
39944-A
39944-B
39944-C
4596
2232022
3924
230-t042353
38,125.00
1,800.00
1,800.00
6.98 187.s4
181.54
187.55
431.64
431.U
43t.9
56867
Total for Check Numbe! 56866:
03to\/2022
Total for Check Number 56867:
03/03t2022
1,857.55
9.59 9.s9
9.60 28.02
56868
56.E0
4,276.69
2,851.13
2,13434
4,989.47
56869
Total for Check Numb€r 56868:
03/03t2022
Total for Check Number 56869:
03t03/2022
Total for Ch€ck NumbEr 56E70i
03/03/2022
t4,255.63
2,250.00
2,250.00
|,349.23
56871 4595
2000 | t695
2t32022 A
2132022-8
2132022-C
|,349.23
470.00
272.t6
r52.00
t84.86
|,079.O2
AP Ch€€k by Date - Deiail by Check Number (3 /312022 9:50 AM\ Totsl for Check Number 5687 | :
Check No Vendor No
Invoicc No
Vendor Nrme
Description
Check D.te
Rcfcrence
Check Amount
56872 4489
2222022
Karrie-Anne Ritchie
Gc,^ir'ellness Grant 2021-22lExercise
03/03/2022
Total for Check Number 56872:
Total for Chock Numb€r 56873:
03103t2022
56873
56875
568'76
568'17
56878
0236
2202
2202-A
4556
2t52022
2152022-A
2152022-B
0956
7959
4506
2232022
1286
51079
51079-A
51079-8
52080
52080-A
520E&B
52t52
52261
0994
2222022
457 |
2t42022
0300
5162730E l
5t62730a2
100,00
130.00
390.00
Kem Council ofcovemmcnts 0310312022
ED/COT for fLoveT€hachapi/Awards Dinnel
CounciI/COT for #LoveTehachapi/A*?rd5 Dinn'
56874 Kem River Propane lnc.
R€fimd: Planning Fees-Permits
Rcfund: Planning Tech
Refund: Planning Long Rangc
League of Califomia Citics
ED,4-€agu€ of Cities Membership
Lester A Safier Trust, Julian Stahl
2022 Watet Rights L€ase
Miranda Wert
uu/ welness uIanl 2uz \ -22t L\ercrse
Mission Linen & Uniform Service
PWShop Rags
SWr/W'WTP MaE
Total for Check Number 56874:
03/03/2022
Total for Ch€ck Number 56875:
031o312022
Total for Check Number 5687t:
03t03t2022
Total for ch€ck Numb€r 56t79:
03/03t2022
520.00
I,E77.00
140.78
|2.62
2,130.40
158.88
53,375.00
Total for Check Numb€r 56876:
M&M's Sports Uniforms & Embroidery O3lO3l2O22
Pw/Hats
WE/Hats
Swr/Hats
PWHats
Wtr/Hats
Sl}r/Hats
Standard Cast Plaqu€r'Aaron Abbott
Standard Cast Plaque
Total for Check Numb€r 5687?:
Mary Bedard Auditor/Controller-County Cl 03103/2022
Voter Outreach Information
53,3?5.00
269.48
269.48
269.49
180.61
lE0.6l
180,61
510.34
255.17
2,\5.19
45.50 45.50
100.00
568?9
56880
100.00
81.55 26.61
56881 3062
00367028
00369730
Total for chcck Numbcr 568E0:
Municode 03/0312022
CC/PDF Supplcment Pages-Code of Ordinanc€s
Cclonline Code Hostlng Feb | 2O22J^n 31 2O2
108.16
880.00
500.00
1,380.00
AP Ch€cks by Dat€ - Deiail by Check Number (31312022 9:5o AM) Total for ChEck Number 56881i
Check No Vendor No Vendor Name Check Drte
Reference
CheckAmount
Invoice No Description
56882 3306
55359
56883 4429
N9267535
03/03t2022
Tolal for Check Number 56882:
03/03/2022
Precision Labs
S\rrlFlow Meter Calibration
Quadient Leasing USA Inc.
Gc/Postage Lease Paymgnt/Dec 14 2021-Mar l:
Thomas F. Schroeter Attomey @ Law
Legal Services Jan 26-Feb 25 2022
Pers
Silver & Wright LLP
COT 302 Dennison Rd./Jan 2022
COT 307 South CurryAah 2022
COT 49500 Alan Av€dan 2022
COT Gen€ral Code Enforc ement/l3lrt 2022
State of Califomia Departrnent of Justice
PDDOJ Fingerprints[anitorc and Diamond IT
Summit Bank-Loan Opelations
Gc/Capital Lease Debit
Gc/Capilal Lcasc Credit
Gc,/Equipmcnt Lcasc Pa)rment #100020 Mar 20:
Gc/Equipment Lease Payment # I 00020 Mar 20j
PD/Capital Lease/Debir
PD/Capital Leasdcredit
PD/tquipment Lcase Payment #100020 Mar 20i
Total for Check Number 56883:
03/03/2022
Total for Check Number 56884i
03103/2022
658.00
56885
56884
56886
462.W
5,968.00
408.43
0373
2242022
22t2022-A
4023
29t17
29r 18
29 9
29120
1982
R-003,14680
R-00344680-A
R-00144580-B
R-00344680-C
R-00344680-D
R-003,14680-E
R-00344680-F
R-00r44680-C
R-00344680-H
R-00344680-I
R-00349155
R-00349155-A
R-00349155-B
R-00349155-C
R-00349155-D
R-00349I55-E
R-00349155-F
R-00349r55-G
R-00349155-H
R-00349155,I
2,069.40
23.20 232.00
4,430.22
Tolal for Check Number 56885:
SSD Systems O3/03t2022
Annex - Alann Scrvices F€b 2022
Public Works - Alarm Scrvices Feb 2022
Water Treatm€nt - Alarm Servic€s Feb 2022
SWTAMWTP Treatment - Alarm Servic€s Feb 20:
Watei Storage - Alarm Serviccs Fcb 2022
S*t/WWTP Slora8e - Alarm Services Feb 2022
RR Depot - Alarm Services Feb 2022
City Hall - Alam Services Feb 2022
Airport - Alarm Services/State-County Tax Feb;
Police Dept - Alarm Services/Slate-Colnry Tax I
Anncx - Alarm Scrviccs Mar 2022
Public Works - AlaJm S€rvices Mar 2022
WEn[ater TreaBent - Alarrn Sewices Mar 2021
S*TAMWTP Treatrnent - Alarm S€rvices Mar 201
Wtr/Wat€r Storage ' Alarm Services Mar 2022
SWr/I/IMTP Storage - Alarrn Services Ma! 2022
RR Dcpot - Alarm Scrvices Mar 2022
City Half - Alarm Services Mat ZO2Z
Airpon - Alam Services/Stat€-Counry Tax Mar.
Police Dept - Alarm Servic€Vsrare{ounty Tax I
6,754.42
49.00 49.66
45.56 45.56
32.45 32.45
84.37 45.00
69.99 211.58
49.00 49.66
45_56
45.56 32.45
32.45 u.37
45.00 69.99
2l1.58
s688'7 0t2'1
562201
56888 4260
212022
2'72022-A
272022-9
272022-C
272022-D
272022-E
212022-F
Total for Check Number 56886:
o3/o3t2022
Tolal for Check Number 56887:
03/03/2022
1,331.24
96.00 96.00
-29,199.21
29,t99.21
29,199.21
3,770.26
-8,759.76
8,759.-t6
t(,759.'t6
AP Checks by Date - D€tail by Check Numb€r (3 /3/2022 9:5O I'M\ Page ? Check No V€ndor No
Invoice No
Vendor Name
Descriptiotr
Check Date
Reference
Check ArDount
212022-G
212022-H
272022-l
PD/Equipment Lease Palment #100020 Mar 20:
Wtr/Equipmenr Leas€ Paymcnt #100020Mar 20
Wtr/Equipment Lease Payment #100020/Mar 20
Tehachapi Vallcy Healthcare
2022 Wat€r Rights Purchase/ I st Installment Pa',r
The Tire Store
PD/TE- I 9 Tire Replacement
PD/TE-25 Rcpair Flat
Waxie Sanitary Supply
PD/Janilorial Supplies
Toial for Check Numbcr 56888:
03t03t2022
Total for Check Numbcr 56889:
03/o3/2022
1,131.08
4,759.'t6
I,l3 |.08
56889 0429
2232022
52,751.t5
45,500.00
56890 0972
121220
t21222
56891 4036
t0592 | 36
45,500.00
100.00
20.00 Total for Che€k Number 56890:
03/0312022
Total for Check Number 56891:
Report Total (43 checks):
45.2t
45.28 329,083.91
AP Checks by Date - Detail by Check Numb€r (l l3l2OZ2 9:5O AM\ Pag€ 8 Accounts Payable
Checks by Date - Detail by Vendor Number
User:
Printed:
CheckNo Verdor No
Involce No
aAescas
2ll5DO22 lt44 PM
Vcldor Nrmc
Dcrcriptior
CITY OF
TEHACHAPI
CALIFORNIA
Chc.k D.te
Ref€relce
ChcckAmount
ACH 0362
0369459
0369469
0369652
0369114
0369ElE
0369969
RSI Petoleum Products
PW Jnlead€d Gas
Pwnjnl€ad€d Gas/Diescl Fuel
Pwrunhaded Ga8/Die€€l Fu€l
PWAJDI€aded Gad/Dies€l Fuel
P[rrunkad€d Gas
Pwrulleaded Gr6
1,W2.24
795.56
I,108_23
1,344.56
543.85
815.78
Tord for this AC}I Chcck for Vendor 0362:
Total for Vendor 0362 (RSI Petoleun Products):
Report Total (l checks):
5,70{'22
5,7m.22
s,7M.22
AP C-hecks by Date - Detail by Vcndor Nunb€I (2/1512022 l:44 PM) Page I
CITY OF TEHACHAPI
TREASURER'S REPORT
FY 2021-22
BANK ACCOUNTS Institution 1/31/2022 12/31/2021 11/30/2021 10/31/2021 9/30/2021 8/31/2021 General Checking Bank of the Sierra 755,018.74 413,324.63 1,134,571.09 276,886.05 517,644.58 993,430.06 Police Department Bank of the Sierra 13,690.62 13,690.62 13,690.62 13,690.62 13,690.62 11,523.34 Water Deposit Trust Bank of the Sierra 121,101.50 120,811.50 121,921.50 122,341.50 122,571.50 123,431.50 Payroll Bank of the West 72,038.61 72,470.61 72,823.73 73,006.87 73,232.18 69,993.30 AFLAC Flex Spending Bank of the West 15,527.42 19,576.30 20,331.49 20,245.95 19,559.12 19,352.12 Airport Credit Card Sales Bank of the West 20,590.91 68,459.02 53,276.52 25,245.15 82,002.16 56,726.98 Ashtown Water Escrow Bank of the West 113,310.97 113,310.97 113,310.97 113,310.97 113,310.97 113,310.97 1994/2004 Refunding Bond Bank of New York 3.04 3.04 3.04 3.04 3.04 3.04 LAIF State of California 16,654,374.13 16,845,496.65 14,545,496.65 15,645,496.65 15,835,957.19 15,535,957.19 Total Funds in Banks 17,765,655.94 17,667,143.34 16,075,425.61 16,290,226.80 16,777,971.36 16,923,728.50
INVESTMENTS
CSJVRMA Investment Pool Chandler Asset Mgt 2,390,166.60 2,311,986.21 2,315,841.75 2,317,002.14 2,328,220.12 2,334,645.95 Total Investments 2,390,166.60 2,311,986.21 2,315,841.75 2,317,002.14 2,328,220.12 2,334,645.95 TOTAL PORTFOLIO 20,155,822.54 19,979,129.55 18,391,267.36 18,607,228.94 19,106,191.48 19,258,374.45
RDA SUCCESSOR AGENCY FUNDS
Tehachapi 17AB Tabs Debt Service Bank of New York 0.00 0.00 631,301.90 0.00 0.00 0.00 Tehachapi 17A Tabs Reserve Acct Bank of New York 197,991.60 197,991.60 197,991.60 197,991.60 197,991.60 197,991.60 Tehachapi 17B Tabs Reserve Acct Bank of New York 202,586.40 202,586.40 202,586.40 202,586.40 202,586.40 202,586.40 Total RDA Successor
Agency Funds 400,578.00 400,578.00 1,031,879.90 400,578.00 400,578.00 400,578.00
MONTH END BANK STATEMENT BALANCE
CITY OF
TEHACHAPI
CALIFORNIA
COUNCIL REPORTS
MEETING DATE: March 7,2022 AGENDA SECTION: Finance
APPROVED
DEPARTMENT H
CITY MANAG
TO HONORABLE MAYOR SMITH AND COUNCIL MEMBERS
HAMED JONES, FINANCE DIRECTOR
FEBRUARY 28,2022
PUBTIC HEARING AND PROPOSED RESOLUTION DEATING WITH TRANSIT NEEDS
WITHIN THE CITY
FROM:
DATE:
SUBJECT:
BACKGROUND
As part of the annual Public Transit Claim for Transportation Development Act (TDA) funds, it is necessary to conduct a public hearing to receive public testimony concerning the transit needs within the City.
The City of Tehachapi provides a Dial-A-Ride transit service through Kern Regional Transit. Utilizing two buses, the current transit service operating hours are as follows:
Monday through Friday: 05:45 am to 11:45 am
12:45 pm to 04:00 pm
05:15 pm to 07:00 pm
Saturday: 07:30 am to 11:30 am
01:30 pm to 05:30 pm
The Dial-A-Ride services are available within the city limits of Tehachapi as well as between the city and certain areas of the County. The current one-way fares are as listed below:
General Public $2.00 Disabled $1.00
Children 4 and under Free
Seniors (62 and over)
Youth (5 - 15)
$1.00
$1.00
When comparing the fiscal year (FY) 2020121 operations to FY 2019120, ridership decreased 24% whereas the total costs increased 17o/o. The total cost does not fluctuate based on the volume of ridership because certain basic costs such as personnel, vehicle maintenance and depreciation costs remain constant regardless of ridership. The ridership continued to be significantly impacted by the Covid-19 pandemic during this fiscal year.
TDA requires the City to meet a 10o/o farebox ratio (ratio of farebox revenue to total expense) in order for the City to receive transit funds. Attaining the 10% ratio has been a continuing issue for the City's Dial-A-Ride transit operation and FY 2O20l2O21was no exception. However, because of Covid-19, the State of California suspended the usual farebox ratio requirements. The farebox ratio generated directly from riders in 202012021 was 1.4o/o and the City was able to utilize $26,286 in CARES Act funding to meet the 10% requirement. By meeting the required ratio, the City may receive up to $585,904 in FY 2021122 from the Local Transportation Fund (LTF) and State Transit Assistance Fund (STAF). ln continuing attempts to improve the farebox ratio, the City has worked diligently in the past to promote the transit service and inform residents about Tehachapi Dial-A-Ride by communicating through ads in The Loop, the City's Talk lt Up newsletter and on-screen at The Hitching Post Theatre. However, again this year because of the Covid-19 stay-at-home restrictions imposed by the State of California, the City limited its Dial-A-Ride advertising to just the water bill. Transit service information is also posted on the City's official website.
The City is required to adopt a resolution annually proving that "there are no areas within the City with unmet public transit needs which could be reasonably met by expansion of the existing system or establishment of a new system" in order to received TDA Article 4 and Article I funds.
This resolution also authorizes the City Manager to execute and file claims for TDA apportionment and allocations for FY 202212023. The public hearing notice was published in the Tehachapi News on January 18,2022.
FISCAL IMPACT
This resolution allows the City to file for TDA funds that are used both for transit needs and our public roads. The funding information for FY 2022123 is not available at this point.
RECOMMENDATION
Adopt the Resolution finding that there are no unmet transit needs that are reasonable to meet within the City.
Page2 of 2
Gity of Tehachapi
Tehachapi Dial-A-Ride from July'1, 2020 through June 30, 2021 RIDERSHIP: City Only
Gsner.l Public SenlorlOirbled/Yodh Aoo 4eundor Total
Cash
TicketV
Passes Cash
Tickets/
Passes Non Paying Riders
July 75.0 52.5 164.5 0.0 2.0 294.O
273.0
261.0
307.5
27',t.5
170.5
222.O
260.0
336.0
338.0
336.5
268.0
Auoust 70.5 4'1.0 157.5 '1 .0 3.0
September 67.0 2A.O 140.0 20.5 5.5
Oc'tober 71.O 25.0 182.0 28.0 1.5
November 102.5 29.O 125.5 14.5 0.0
December 53.0 16.0 87.5 12.5 1.5
January 53.0 34.5 130.0 3.0 1.5
February 66.5 37.0 149.0 7.5 0.0
irarch 79.5 42.O 186.0 26.0 2.5
Apnl 89.5 33.5 175.0 39.0 1.0
irlay 78.0 47 .5 187.5 23.O 0.5
June 83.0 29.0 134.0 '19.5 2.5
Total 889 415 1 ,819 195 22 3.338.0
1,304 2,O13 22
Perentage 39% 600/6 1o/o
Total Cost 2020/21 \rs 2019/20: 117.08%
Ridership 2020/2'l vs 2019/20:
Total Cost per Ridet 2O2Ol21 vs 2O1gl2O:
Contract Cost 2020121 vs2O1gl2O:
76.1 3%
153.79%
119.12%
Total Cost per Rider: t
Subsidized Cost per Rider: S
Contract Cost per Rider: $
Subsidized Contract Cost per Rider: $
Fare Box Ratio without GF subsidy:
Fare Box Ratio with GF subsidy:
67.18 $
65.91 $
42.94 4't.73
1.39%
N/A
2.O3%
10%
M!4
91.46 $
90.19 $
w!4.
55.47 58.27
Month Davs of Service Ooeratinq Hours Ridership Mileaqe Fairbox Revenue 0 Cont6ct Service Jult 26 26 192.8 1 92.8 294.0 294 0 937.5 937 5 379.38 379 38 19.442.35 19.442.U Augusl 26 26 't84.8 '184 8 273.O 273.0 933 0 933 0 344.75 348.75 18,803 81 18,803 81 September 180.9 180 9 261.0 261.0 814.0 814 0 319.90 319 90 18.',|23.52 18.123.52 October 192.6 192 6 307.5 307.5 1061.0 161.0 371 65 371.65 19,759.44 1 9,759.44 November 24 173 173 271.5 271.5 998.5 998 5 374.43 374 43 17.815.60 1 7.81 5.60 December 26 188.8 188.8 170.5 1 70.5 883.0 883.0 220.45 220 45 19,063.12 '19,063.12 26 Januart 25 25 176.9 176.9 222.O 222 0 883.0 883.0 27A.AA 278.84 17.982.63 17.982 63 Februan 24 24 173 173 260.0 260.0 892.0 892.0 33 1.30 331.30 17,714.55 17,714.55 l\rarci 27 196.6 '196.6 336.0 336.0 892.0 892 0 414 80 414.N 19 427 1A 19.A27.1A Apn 26 188.8 188.8 338.0 338.0 1244.5 1244.5 426.53 426.53 20,o44.38 20,044.38 Mat 25 176.9 176.9 336.5 336 5 1440.0 '1440 0 420.20 420 20 19 465 61 19.465.61 June 21 21 153.4 153.4 268.0 268.0 883.0 883 0 350.05 350 05 16.207.67 16.207.67 Total 302 302 2.178.5 2,'178.5 3.338.0 3.338.0 1 1,861.5 1 1,861.5 $4,236.32 $4.236.32 $224.249.86 $224,249.85 Averaoe 25.17 25.'t7 18't .54 181.54 274 278 988.46 988.46 s 353.03 s 353.03 $'18,687.4( 18,687.49 DaYs Der Month ODeratinq Hrs per Mo. Passenoers per Month Miles per Month Avg Fairbox Revenue/Mo. Avo. E)oense/ Mo.
Contract Cost Tota I
Nationrl Exp lnsuranco Maint Fuel DopEcl.tlon Storrge CHP Cort Misc July 9,795.56 934.84 1.668.75 546.1 8 187.50 102.50 6.25 0.00 6.200.77 't9.442.35 Auousl 9,388.99 896.04 'l.660.74 619 28 186.60 102.50 6.25 0.00 5,943.41 18.803.81 September 9,192.07 877.24 't.448.92 5't4.99 162.80 102.50 6.25 0.00 5,8'18.75 18,123.52 October 9.789.20 934.23 'I ,888.58 629.73 212.20 102.50 6.25 0.00 6,'196.75 19.759.44 November 8,79'1.86 839.05 1,777 .33 533.50 199.70 102.50 6.25 0.00 5,565.4'l 17.815.60 Decembsr 9.552.27 915.44 't ,571.74 626.23 176.60 '102.50 6.25 0.00 6,072.09 19.063.12 January 8.988.79 857.84 1,57'1.74 588.84 176.60 102.50 6.25 0.00 5,690.07 17,982.63 February 8.791.86 839.05 1,587.76 643.32 174.40 102.50 6.25 0.00 5.565.41 17,714.55 i/arch 9,992.48 953.63 't,587.76 680.73 178.40 102.50 6.25 0.00 6.325.43 '19,827.18 Apnl 9,592.28 915.44 2.215.21 891.71 248.90 102.50 6.25 0.00 6,072.09 20,044.38 iray 8,988.79 857.84 2,563.20 968.96 288.00 102.50 6.25 0.00 5.690.07 19,465.6't June 7,794.52 743.87 1.57'l .74 87A12 176.60 102.50 6.25 0.00 4.934.07 16207.67 Total 1 10,698.67 10,564.51 21.113.47 8,121.59 2.372.30 1 ,230.00 75.00 0.00 70,o74.32 224.249.46 General Fund Subsidy: S 2020/2'l Total E)een*: $ 305,300.84 CITYOF
TEHACHAPI
LECAL DEPARTMENT
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEHACHAPI FINDING THAT THERE ARE NO UNMET TRANSIT
NEEDS THAT ARE REASONABLE TO MEET WITHIN THE CITY.
WHEREAS, the City of Tehachapi City Council conducted a public hearing on Monday, March 7 ,2022, to consider possible unmet transit needs within the City, and; WHEREAS, the City of Tehachapi currently provides public transportation service within the City of Tehachapi, and;
WHEREAS, the objectives of providing the public transportation system are to meet the public need for limited cost transportation, to serve the mobility limited population, and to provide an alternative to private vehicle transportation.
NOW, THEREFORE, BE lT RESOLVED by the City of Tehachapi City Council that, after holding a duly advertised public hearing and receiving public testimony, it finds there are no areas within the City with unmet public transit needs which could be reasonably met by expansion of the existing system or establishment of a new system.
BE lT FURTHER RESOLVED, that a copy of this resolution be transmitted to the Kern County Council of Governments in conjunction with the filing of claims for Transportation Development Act Funds for Fiscal Year 2022-23 and that the City Manager is authorized to execute said claims.
PASSED AND ADOPTED by the City Council of the City of Tehachapi this 7th day of March, 2022.
CITYOF
TETTACHAPI
LECAL DEPARTMENT
AYES:
NOES:
ABSENT:
ABSTAIN:
PHILIP A. SMITH, MAYOR
City of Tehachapi, California
ATTEST:
TORI MARSH, CMC, CITY CLERK
City of Tehachapi, California
I hereby certify that the foregoing resolution was duly and regularly adopted by the City Council of the City of Tehachapi at a regular meeting thereof held on March 7, 2022
TORI MARSH, CMC, CITY CLERK
City of Tehachapi, California
C ITY O F
TEHACHAPI
ALIFOF
COUNCIL REPORTS
MEETING DATE: MARCH 7,2022 AGENDA SECTION: FINANCE DIRECTOR
APPROVED
DEPARTMENT H
CITY
TO: HONORABLE MAYOR SMITH AND COUNCIL MEMBERS
HAMED JONES, FINANCE DIRECTOR
FEBRUARY 28,2022
COMMITTED FUND BALANCE FOR FY 2021'22
FROM:
DATE:
SUBJECT:
BACKGROUND
!n February 2009, the Governmental Accounting Standards Board issued its Statement No. 54 (GASB 54), Fund Balance Reporting and Governmental Fund Type Definitions.
The objective of this statement is to improve financial reporting and to help with understanding the fund balance by presenting the fund balance in five new components.
The five new components are: Non-spendable Fund Balance, Restricted Fund Balance, Committed Fund Balance, Assigned Fund Balance and Unassigned Fund Balance. ln order to comply with GASB 54 requirements, the City adopted a Fund Balance Policy ("Policy") on June 20, 2011 which requires Council to approve the Committed Fund Balance on an annual basis by adopting a resolution. Since then, two amendments were made to the original resolution 28-11. The Committed Fund Balance is dedicated for the purpose of emergency contingency and is calculated as follows:
"The General Fund Emergency Contingency Fund is calculated using the prior fiscal year General Fund total expenditure. From the total expenditure, subtract the following expenses:
1. total capital project costs,
2. total operating transfers out, and
3. expenses reimbursed by grants
Then the difference is divided by 12 months and then multiplied by 2 months." The resolution is the City Council's formal commitment of an amount of fund balance to be set aside specifically for emergency contingencies defined as a state or federal state of emergency or declaration of a local emergency. The amount is set at $1 ,185,070 for fiscal year 2021-22. lt should be noted that this amount and/or commitment may be changed with the adoption of a new resolution by the council.
FISCAL IMPACT
None.
RECOMMENDATION
Adopt Resolution establishing the Committed Fund Balance at $1 ,185,070 for the fiscal year 2021-22 and repealing Resolution No. 07-21.
CITYOF
TEHACHAPI
LECAL DEPARTMENT
RESOLUTION NO
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEHACHAPI APPROVING THE CITY OF TEHACHAP!'S EMERGENCY
CONTINGENCY COMMITMENT OF FUND BALANCE FOR THE
GENERAL FUND AND REPEATING RESOLUTION NO. 07.21
WHEREAS, the Governmental Accounting Standards Board (GASB) has issued its Statement No. 54, Fund Balance Reporting and Governmental Fund Type Definitions with the intent of improving financial reporting by providing fund balance categories that will be more easily understood; and
WHEREAS, the City Council of the City of Tehachapi has considered "Fund Balance Policy for the Governmental Fund" ("Policy") which outlines the policy and procedures enacted to accurately categorize and report fund balance in governmental funds; and WHEREAS, the "Policy" provides that the City Council may commit General Fund balance for specific purposes by taking formal action and these committed amounts cannot be used for any other purpose unless the City Council removes or changes the specific use through the same formal action taken to establish the commitmen! and WHEREAS, the Finance Director has recommended to the City Council that the Emergency Contingency Commitment of General Fund balance be established at S1,185,070 for Fiscal Year 2O2L-22; and
WHEREAS, the City Council has determined that the Emergency Contingency Commitment of General Fund balance should be approved at S1,185 ,O7O for Fiscal Year 2027- 22 as recommended by the Finance Director.
NOW, THEREFORE, BE lT RESOLVED by the City Council of the City of Tehachapi as follows:
SECTION L. The City Council hereby establishes and approves the Emergency Contingency Commitment of General Fund balance of S1,185,070 for Fiscal Year 2OZL-22.
SECTION 2. The City Council has determined that the specific purposes for which the Emergency Contingency Commitment of General Fund may be used are the declaration of a state or federal state of emergency or a local emergency and these uses may only be changed by approval of a subsequent resolution.
SECTION 3. The City Council hereby confirms that in any fiscal year in which recurring sources exceed recurring uses in the General Fund, the amount of the Emergency Contingency I
CITY OF
TEHACHAPI
LEGAL DEPARTMENT
Commitment of General Fund balance will be estimated to be an amount equal to two (2) months of regular General Fund operating uses.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Tehachapi at a Regular Meeting this 7th day of March, 2022by the following vote:
AYES:
NOES
ABSENT:
ABSTAIN:
PHILIP A. SMITH, Mayor of the
City of Tehachapi, California
ATTEST:
TORI MARSH, CMC
City Clerk of the City of Tehachapi
I hereby certify that the foregoing resolution was duly and regularly adopted by the City Council of the City of Tehachapi at a Regular Meeting thereof held on March 7, 2022.
TORI MARSH, CMC
City Clerk of the City of Tehachapi
2 CITY OF
TEHACHAPI
CALIFORNIA
COUNCIL REPORTS
MEETING DATE: MARCH 07,2022 AGENDA SECTION: AIRPORT
APPROVED
DEPARTMENT H
CITY MANAG
TO HONORABLE MAYOR SMITH AND COUNCIL MEMBERS
FROM: ASHLEY WHITMORE, AIRPORT MANAGER
DATE: MARCH 2,2022
SUBJECT: AERONAUTICAL HANGAR GROUND LEASE AGREEMENT - HANGAR O4E
BACKGROUND
Timothy Lee McGuire recently purchased hangar 04E located at the Tehachapi Municipal Airport. The attached Aeronautical Ground Lease Agreement has a term starting on March 7,2022.
FISCAL IMPACT
Rental Payment:
S201/month
52,qt2 /year
RECOMMENDATION
APPROVE THE AERONAUTICAT HANGAR GROUND TEASE AGREEMENT FOR HANGAR O4E BETWEEN THE ClW
OF TEHACHAPIAND TIMOTHY LEE MCGUIRE
AERONAUTICAL GROUND LEASE AGREEMENT
(Tehachapi Airport) 04E
THIS LEASE AGREEMENT, hereinafter referred to as this "Lease", is made and entered into this 1st day of March 2022, by and between the CITY OF TEHACHAPI, hereinafter referred to as "LESSOR", and. Timothy Lee McGuire, hereinafter referred to as "LESSEE".
IN CONSIDERATION OF THE MUTUAL COVENANTS CONTAINED HEREIN, THE PARTIES HERETO AGREE AS FOLLOWS:
1, PREMISES:
LESSOR does hereby demise and lease to LESSEE, and LESSEE hereby hires from LESSOR, those certain premises situated in the City of Tehachapi, County of Kern, State of California, hereinafter referred to as the "premises" or "demised premises", and more particularly delineated on Exhibit A, attached hereto and by this reference made a part hereof.
2. TERM:
The term of this Lease shall be for20 years, commencing on March 1,2022, and terminating on February 28, 2042 (the "lnitial Term"). LESSEE is hereby granted option to renew the LEASE for an additional term of five years from the expiration of the lnitial Term, and for a second additional term of five years, provided LESSEE gives LESSOR written notice of LESSEE'S exercise of its option to do so no more than 180 days and no less than 30 days prior to the expiration of the lnitial Term or the first additional term whichever applies. ln the event LESSEE exercises its option to renewthe Lease, the renewalshall be on the same terms and conditions as described in this Lease. except for rental and as to the rental to be charged, same shall be calculated based on the rental rate or rental formula then in effect by the LESSOR for new aeronautical hangar ground leases. ln addition, the rental terms for the renewal period shall include requirements for such increases as is then required by the LESSOR for new aeronautical hangar ground leases.
3. HOLDING OVER:
ln the event LESSEE shall hold over after the term herein granted with the expressed or implied consent of LESSOR, such holding over shall be a tenancy only from month to month at twice the rental rate then charged for noncommercial hangar ground leases; provided, however, that if LESSEE is otherwise in default under this Lease at the time of holding over, nothing herein shall expressly or impliedly cure the default and LESSOR shall have all rights to remedy the default 1of15
in addition to all rights to the increased monthly rental provided for herein
4. RENTALCONSIDERATION:
As and for rental, LESSEE agrees to pay to LESSOR, the sum of $201 per month payable in advance on the first day of each month commencing March 1, 2022. On January 1 of each calendar year thereafter, the monthly rental shall increase or decrease for said calendar year by the percentage increase or decrease between the Consumer Price lndex (All Urban Consumers) (Base Years 1982-1984=100) for Los Angeles-Anaheim-Riverside CMSA published by the United States Department of Labor, Bureau of Labor Statistics ("lndex") which is published immediately preceding the commencement of the prior calendar year and the lndex published immediately preceding the commencement of the new calendar year. LESSOR shall notify LESSEE in writing of said rental increase/decrease prior to January 1. LESSOR shall bill LESSEE monthly for the rental and rental shall be due on the date set forth on the billing and shall be deemed delinquent if not received by that date. Notwithstanding the foregoing, rental may also be increased as described in Paragraphs 15 and 24.
5. INTEREST:
lf the payments required herein are not paid after they become due, then, in addition to such sums, LESSEE shall also pay interest at the rate of ten percent (10%) per month on the unpaid balance or portion thereof, until paid in full.
6. PURPOSE: NUISANCE:
(a) The demised premises shall only be used by the LESSEE for aeronautical purposes permitted by the Federal Aviation Administration's (FAA) Hangar Use Policy, or locally adopted Hangar Use Policy, which may be updated from time to time. These uses include:
o storing active aircraft;
. maintenance, repair, or refurbishment of aircraft, but not indefinitely storing nonoperational aircraft; . constructing amateur-built or kit-built aircraft provided that activities are conducted safely;
. storing aircraft handling equipment, e.g., tow bar, glider tow equipment, workbenches, and tools and materials used to service, maintain, repair or outfit aircraft; items related to ancillary or incidental uses that do not affect the hangars' primary use;
2 of 15
storing materials related to an aeronautical activity, e.9., balloon and skydiving equipment, office equipment, teaching tools, and materials related to ancillary or incidental uses that do not affect the hangars' primary use; storing non-aeronautical items that do not interfere with the primary aeronautical purpose of the hangar, e.9., televisions and furniture; or parking a vehicle at the hangarwhile the aircraft usually stored in that hangar is flying, subject to local airport rules and regulations.
(b) LESSEE shall not do or permit any act or thing to be done upon the premises which is in conflict with the Federal Aviation Administration's Hangar Use Policy which is incorporated herein by this reference and as amended from time-to-time, or locally adopted hangar use policy, if any, and as adopted or amended from time-to-time hereafter, which is incorporated herein by this reference. ln the event any of LESSEE'S uses are for commercial activities as determined by LESSOR in its sole discretion, LESSEE shallfirst obtain a business license from LESSOR prior to conducting any such commercial activity. Additionally, LESSEE shall not permit any act or thing to be done upon the premises which constitutes a nuisance orwhich may disturb the quiet enjoyment of LESSOR or any tenant of LESSOR on adjacent or neighboring property. LESSEE shall abate or cure any non-permitted use or nuisance on the demised premises or for which LESSEE is responsible within ten (10) days after written notice thereof from LESSOR. In the event LESSEE has not taken corrective action within ten (10) days, LESSOR may take any action necessary to abate or cure such condition at LESSEE'S sole cost and expense, without further written notice and LESSOR shall have no liability to LESSEE therefore nor for any damages to the premises or to the hangar or to property therein or thereon. Notwithstanding the foregoing, if any such nuisance creates, in LESSOR'S reasonable determination, a condition immediately hazardous to health or safety, LESSOR may immediately, without written notice to LESSEE, enter the premises to abate or cure the condition at LESSEE'S sole cost and expense and LESSOR will use its reasonable best efforts to limit the physical damage incurred to hangar or property to cure such condition. (c) The demised premises shall not be used for residential purposes and neither LESSEE nor any principal, employee, or representative of LESSEE shall live or reside on the demised premises or any structure or hangar thereon nor shall LESSEE allow the demised premises or any structure or hangar thereon to be used for living or residential purposes. The determination of a
a
3of15
whether someone is living or resided on the demised premises or structure thereon shall be made by the LESSOR in its sole and absolute discretion.
7. CONDITION OF PREMISES:
LESSEE has inspected the demised premises and knows the extent and condition thereto and accepts same in its present condition, as is, subject to and including all defects, latent and/or patent.
8. SAFETY:
Any area that is within the control of the LESSEE at the airport shall be kept clear of accumulation of oil, grease, fuel, trash and debris which are potential fire, environmental, or safety hazards, and LESSEE shall comply with all local, state and federal laws, statutes, rules and regulations with regard thereto. LESSOR shall maintain undeveloped grounds adjacent to demised property in a condition consistent with current city and county fire code.
9. ALTERATIONS:
LESSEE shall not construct any improvements or make any alterations of any kind (whether permanent or otherwise) on the demised premises without the written consent of the City Manager or designated representative first being obtained. Additionally, all federal, state, and local building regulations must be complied with for any improvement or alteration to buildings or structures on the premises.
10. SIGNS:
LESSEE shall not construct or place or permit to be constructed or placed, signs, awnings, marquees, or other structures projecting from the exterior of the premises without LESSOR'S prior written consent thereof. LESSEE further agrees to remove signs, displays, advertisements, or decorations it has placed or permitted to be placed on the premises, which, in LESSOR'S opinion are offensive or otherwise objectionable. lf LESSEE fails to remove such signs, displays, advertisements or decorations within ten (10) days after having received written notice to remove same from LESSOR, LESSOR reserves the right to re-enter the premises and remove them at LESSEE'S expense.
11. UTILITY EXTENSION OR MODIFICATION:
LESSEE shall pay any and all expenses that may be incurred in obtaining the extension of public utility services to the demised premises from existing facilities or any modification of same.
12. UTILITIES:
4 of 15
LESSEE agrees to pay during the term of this Lease, or any holding over, all utilities used by LESSEE. The term "utilities" as used herein shall include, but is not limited to, gas, electricity, water, sewer, telephone, and trash and refuse disposal service.
13. MAINTENANCE:
LESSEE agrees to provide maintenance, repair, and upkeep on any structures situated on the demised premises and grounds around the structures in a good, clean, sanitary and safe condition.
14. FAILURE TO REPAIR:
ln the event LESSEE shall fail, neglect, or refuse to commence the repair or maintenance work required herein within thirty (30) days after receipt of a written notice service by LESSOR, or in the event that LESSEE fails, neglects or refuses to pursue said repair or maintenance work with reasonable diligence to completion, LESSOR may perform or cause to be performed such repair or maintenance work and add the cost thereof to the installments of rent due for this Lease as a charge to LESSEE. lf such repair is determined by the LESSEE to be economically unfeasible, either party shall have the option of terminating the agreement with LESSEE, and at LESSES'S cost, returning the demised property to its original pre-agreement condition.
15. SALE OR REMOVAL OF IMPROVEMENTS:
(a) Unless otherwise agreed upon by the parties hereto, if LESSEE desires to sell or otherwise transfer any or all buildings, hangars and other improvements (the "lmprovements") made to or constructed and placed on the premises during or prior to the term of this Lease, or any extensions thereof, LESSOR shall have a right of first refusal (the "Right of First Refusal") to purchase the improvements and the LESSEE shall give LESSOR a notice in writing at least thirty (30) days before such sale or transfer of the terms of same (the "Lessee Notice"). Any sale or transfer or agreement to sell or transfer the lmprovements without LESSEE first complying with the requirements of LESSOR'S Right of First Refusal shall be void and, in addition thereto, shall constitute a breach and material default of this Lease. !f LESSEE has received an offer to purchase the lmprovements that LESSEE is prepared to accept, the Lessee Notice shall contain a complete copy of the offer (the "Offer"), or if LESSEE does not have any such Offer but nevertheless wishes to sell ortransferthe lmprovements to a third party, the Lessee Notice shall include all of LESSEE'S terms and conditions for such sale or transfer. Lessor's Right of First Refusal to purchase the lmprovements shall be under the same terms and conditions as described in the Lessee Notice. 5of15
The Lessee Notice shall be personally delivered or mailed to LESSOR by registered mail, return receipt requested. LESSOR shall have thirty (30) days from receipt of the Lessee Notice in which to exercise its Right of First Refusal (the "Exercise Period"). lf LESSOR wishes to exercise its Right of First Refusal, LESSOR shalldo so in writing to LESSEE priorto expiration of the Exercise Period, provided however that if the Exercise Period terminates on a weekend or holiday, the Exercise Period shall be extended to 11:59 PM (California time) on the next business day thereafter. !n the event LESSOR exercises its Right of First Refusal, LESSOR shall complete the purchase of the lmprovements within reasonable amount of time. lf LESSOR does not exercise its Right of First Refusal, LESSEE shall have the right, only for the next sixty (60) days, to complete the sale or transfer of the improvements to the offer or of the offer, or, if none, to any other third party under the same terms and conditions as described in the Lessee Notice, provided howeverthat if the sale or transfer is not completed within sixty (60) days of the expiration of the Exercise Period or if the terms and conditions of the sale or transfer are modified, then LESSOR'S Right of First Refusal shall be revived and LESSEE shall once again give LESSOR the Lessee Notice containing the terms and conditions or, if applicable, the revised terms and conditions of the sale or transfer and LESSOR shall have all rights with regard thereto previously described herein. LESSEE shall not place a lien or othenruise encumber the lmprovements as part of any sale or transfer without LESSOR'S prior written consent, which consent may be denied or conditioned in LESSOR'S sole and absolute discretion. lf a sale is completed during the term of this Lease, no assignment or subletting of this Lease or of the premises shall occur without compliance with Parag raph 24 and, additionally, LESSOR shall have the right to increase the rentalto the rentalthen being charged by LESSOR for new aeronautical ground leases as then determined by LESSOR. Notwithstanding the foregoing, if the purchaser of the lmprovements requests a new Lease, LESSOR may, in LESSOR'S sole and absolute discretion, enter into a new Lease with the purchaser. (b) lf at the termination of this Lease a new Lease has not been entered into by the parties or their successors, then LESSEE shall remove the lmprovements and all fixtures and contents therein no later than 30 days after the expiration of the Lease Term without unnecessary damage to the premises and during the 30 day period after expiration of the Lease Term LESSEE shall pay rental to Lessor as a holdover tenant pursuant to Paragraph 3 of this Lease. lf LESSEE does not effect such removal, LESSOR shall have the right to do so and LESSEE shall be obligated to LESSOR for the costs thereof; provided, however, that all right, title and interest in and to the 6 of 15
lmprovements without their removal may be acquired by LESSOR upon terms and conditions mutually agreeable to both LESSOR and LESSEE. Notwithstanding the foregoing, if LESSEE has failed to effect the removal as required herein and LESSOR and LESSEE have not agreed upon the terms by which LESSOR would acquire the lmprovements, LESSEE shall be in breach of this Agreement and LESSOR shall have all rights described in Paragraph 28 of this Lease with regard thereto.
16. COMPLIANCE WITH LAW:
LESSEE shall, at its expense, promptly comply with any and all laws, ordinances, rules, regulations, requirements and orders whatsoever, present or future, of the national, state, county, or city governments which may in any way apply to the use, maintenance, or occupation of, or operations on the demised property.
17, RIGHT OF INSPEGTION:
LESSOR shall have the right to enter upon the demised premises at all reasonable times to inspect the premises and LESSEE'S operations thereon. LESSOR reserves all rights in and with respect to the premises, not inconsistent with LESSEE'S use of the premises as in the Lease provided, including (without limiting the generality of the foregoing) the right of LESSOR to enter upon the premises for the purpose of installing, using, maintaining, renewing, and replacing such underground oil, gas, water, sewer, and other pipelines, and such underground or aboveground telephone, telegraph, and electric power conduits or lines as LESSOR may deem desirable in connection with the development or use of the demised premises or any other propefi on the airport or in the neighborhood of the premises. LESSOR shall compensate LESSEE for any and alldamage to LESSEE'S improvements and personal property caused by the exercise of the rights reserved in this paragraph.
18. INDEMNIFICATION:
LESSEE agrees to indemniff, defend (upon request by the LESSOR) and save harmless the LESSOR, its Council persons, agents, officers and employees, and each of them, from any and all losses, costs, expenses, claims, liabilities, actions, and damages, including liability for injuries to person or persons, or damage to property of third persons arising out of or in any way connected with (a) the LESSEE'S use, occupancy and/or operation of the demised premises during the term of this Lease or any holding over, and (b) the construction or the removal of any facilities or improvements on the demised premises during the term of this Lease or any holding over. The '7 of 15
foregoing obligations of Lessee shall survive the expiration or earlier termination of this Lease.
19. WORKERS COMPENSATION:
LESSEE agrees to observe and obey the Workers' Compensation Act of the State of California as from time to time amended, and will indemnify and save and hold harmless LESSOR from any and all liability hereunder
20. LIABILITYINSURANGE:
LESSEE, in order to protect LESSOR, its agents, officers and employees, against all claims and liability for death, injury, loss, and damage as a result of LESSEE'S use, occupancy and/or operation of the demised premises or in a connection therewith, shallsecure and maintain in force during the entire term of this Lease and covering all LESSEE'S operations and activities on the airport, a Comprehensive General Liability insurance policy in the amount of $ 1,000,000 with a reliable insurance carrier approved by the City and authorized to do such public liability and property damage insurance business in the State of California. Said policies of insurance:
(a) shallexpressly name LESSOR, Councilpersons, agents, officers, and employees as additional insured; and
(b) shall be primary insurance as regards any other valid and collectible insurance LESSOR possesses, and any other insurance that LESSOR may possess shall be considered excess insurance only: and
(c) shall contain a Severability of Interest or cross liability clause, which is to say, such policy shall act as though a separate policy were written for each insured and additional named insured in the policy; and
(d) shall not be subject to cancellation and/or coverage reduction without thirty (30) day's prior written notice to LESSOR.
Within ten (10) days from the date of the Lease, LESSEE shall file with the City Manager a duly certified Certificate of lnsurance evidencing that the hereinabove mentioned public liability and proper$ damage (and hangar-keeper liability, where applicable) provisions have been complied with, and setting forth that LESSOR, its councilpersons, agents, officers, and employees are named as additional insured. ln the event that LESSEE shall fail to obtain or thereafter maintain such policies or to furnish evidence thereof to LESSOR, LESSOR may, in LESSOR'S sole discretion, (1) procure the same, pay the premium therefore, and collect same with the next payment of rental due from LESSEE, or (2) terminate this Lease pursuant to Paragraph 28 hereof. 8of15
21. TAXES AND ASSESSMENTS:
LESSEE agrees to pay all taxes and/or assessments levied by any governmental agency upon any interest acquired by LESSEE under the terms of this Lease. Providing further, that LESSEE is aware that certain possessory interests may be created by entering into this Lease and that LESSEE will be subject to the payment of property taxes levied on such interests.
22. LEASE SUBORDINATE TO AG NTS WITH UNITED STATES
GOVERNMENT:
This Lease shall be subordinate to the provisions and requirements of any existing or future agreements between the LESSOR and the United States relative to the development, operation or maintenance of the Airport.
23. AERONAUTICAL RESTRICTIONS:
(a) There is hereby reserved to LESSOR for the use and benefit of the public a right of flight for the passage of aircraft in the air spaee above the surface of the demised premises.
This public right of flight shall include the right to cause in said air space any noise inherent in the lav'rful operation of any aircraft used for navigation or flight through the said air space or landing at, taking off from, or operation on the TehachapiAirport.
(b) LESSEE shall not erect or permit the erection of any structure, building, or object of natural grov'rth or other obstructions on the demised premises above the maximum elevation permitted by the FederalAviation Administration. ln the event the aforesaid covenant is breached, same shall be deemed a nuisance and a material breach of this Agreement and City shall have all rights described under Paragraph 6 (b) to abate the nuisance and City shall have all other rights and remedies available at law or in equity. (c) LESSEE shall not make use of the demised premises in any manner, which might interfere with laMul air navigation and communication, the landing or taking off of aircraft from Tehachapi Airport, or otherwise constitute an airport hazard. ln the event the aforesaid covenant is breached, LESSOR reserves the right to enter on the demised premises and cause the abatement of such interference at the expense of LESSEE. (d) LESSOR reserves the right to further develop or improve the landing area at the Tehachapi Airport as it sees fit regardless of the desires or views of LESSEE, and without interference or hindrance.
9of15
(e) LESSOR reserves the right, but shall not be obligated to LESSEE, to maintain and keep in repair the landing area at the Tehachapi Airport and all publicly owned facilities at the airport, together with the right to direct and control all activities of the LESSEE in this regard.
Provided, however, that in the event of the taxiways or runways at the airport are determined to be unfit for aeronautical use by the FAA or by LESSOR or by the Aeronautical Division of the California Department of Transportation, or the airport reases to be operated as an airport, then this Lease may be terminated by LESSEE, at its option, by its giving of at least thirty (30) days written notice thereof LESSOR.
(f) Nothing herein contained shall be construed to grant or authorize the granting of an exclusive right within the meaning of Section 308 of the Federal Aviation Act.
24. SUBLETTING:
(a) LESSEE shall not assign this Lease or sublet the premises, or any part thereof, without the prior written consent of the LESSOR, which consent shall not be unreasonably withheld but may be reasonably conditioned to include but not be limited to the following:
(i) Any assignment or sublease shall be in writing and shall provide that the assignee or subleasee shall agree to and be bound by all of the terms and conditions of the Lease; (ii) The assignee or sublessee shall secure and maintain in force during the entire term of such sublease or assignment a liability insurance policy or policies in conformity with the requirements of Paragraph 20, liability lnsurance, with respect to any aircraft hangared on the premises that are owned by sublessee or assignee or other third party; and (iii) A rental adjustment, which shall be, based on the rentalthen in effect by LESSOR for new aeronauticalground leases.
(b) In the event of an attempted assignment or subletting in violation of the foregoing provisions, then in addition to any and all other rights and remedies available to it, the LESSOR may, at its option, by written notice to the LESSEE, either (1) declare such sublease, assignment, transfer, mortgage, or other conveyance void, or (2) terminate this Lease and all rights and interest of LESSEE and all other persons hereunder pursuant to Paragraph 28. Any consent by the LESSOR to any assignment or sublease, shall not be deemed or construed as a consent to any different or subsequent assignment or sublease. The remedies available herein are cumulative with all other remedies available under this Lease or at law or in equity and the exercise of any 10 of 15
11 of 15
remedy herein or under this Lease or at law or in equity shall not prevent the exercise of any other remedy provided herein or in this Lease or at law or in equity.
25. RIGHT OF INGRESS AND EGRESS:
LESSEE shall have the reasonable right-of-way over property owned and controlled by LESSOR for ingress thereto and egress there from for pedestrian, vehicular, and air travel, togetherwith the right to use in common with other LESSEE'S or licenses or LESSOR the airplane landing field adjacent to the demised premises. None of these rights are exclusive but shall be exercised in common with and subject to possible similar rights of other users of the airport. All the forgoing is subject to such reasonable rules and regulations as the LESSOR or its authorized agents may make from time to time. Such rules and regulations, however, shall be reasonable and shall not conflict in any way with similar rules and regulations adopted from time to time by the Federal Aviation Administration or its successor.
26. BANKRUPTCY:
ln the event that (a) LESSEE shall file a voluntary petition in bankruptcy or shall be adjudged a bankrupt in any voluntary bankruptcy proceeding; (b) any voluntary or involuntary proceeding for the reorganization of LESSEE shall be instituted by anyone other than LESSEE under any of the provisions of the bankruptcy laws of the United States; or (c) a receiver or judicial trustee or custodian shall be appointed for LESSEE, or any lien or any writ of attachment, garnishment, execution or distrait shall be levied upon any LESSEE'S rights or interest under this Lease; or (d) there shall be any other assignment of any LESSEE'S rights or interests under this Lease by operation of law, then in addition to any and all other rights and remedies available to it, LESSOR may, at its option by written notice to LESSEE, terminate this Lease and all rights and interest of LESSEE and all other persons under this Lease. The term "LESSEE", as used in this paragraph, includes any individual, partnership, or corporation who is a LESSEE hereunder, even though several individuals, partnership, or corporations are such, and includes each partner of any partnership, which is LESSEE hereunder.
27. WAIVER OF BREACH:
The waiver by LESSOR of any breach by LESSEE of any provision contained herein shall not be deemed to be a continuing waiver of such provision, or a waiver of any other prior of subsequent breach thereof, or a waiver or any breach of any other provisions contained herein.
28. BREACH:
(a) ln the event of a breach by LESSEE of any term, condition, or agreement herein contained, LESSEE shall have 30 days to cure the breach after written notice has been given to LESSEE by LESSOR, provided however that if any such breach cannot be reasonably cured within 30 days of such notice, then LESSEE shall have commenced reasonable efforts to cure same within said period. ln the event of LESSEE'S failure to cure or commence the cure of any such breach within 30 days this Lease and all privileges herein granted shall be terminated and be of no further force or effect, and LESSEE shall immediately surrender to LESSOR possession of the premises, and in addition to all other remedies available to LESSOR hereunder or at law or equity, LESSOR shall have the remedies either to remove the lmprovements on the premises at the expense of LESSEE or to retain the lmprovements and to thereafter be the sole and exclusive owner of same. Notwithstanding the foregoing, in the event LESSEE allows a nuisance to exist on the premises as described in Paragraph 6 of this Lease, LESSEE shall abate the nuisance as required therein and nothing herein shall be deemed to waive or modifo the requirements and remedies described in Paragraph 6. Providing further, that in the event LESSEE breaches this Lease and abandons the property before the end of the term, if LESSEE'S right to possession is terminated by LESSOR because of breach of this Lease, LESSOR shall have the right to recover damages from LESSEE as provided in the State of California Civil Code Section 1951.2.
(b) ln the event of a breach by LESSOR of any term, condition, or agreement herein contained, that deprives LESSEE in any manner, in whole or part, of its quiet enjoyment of the demised premises or its right to utilize them fully as described in Paragraph 6 hereof, or of its rights of ingress and egress described in Paragraph 25 hereof, LESSEE shall not be obligated to LESSOR for any rental payments otherwise due and payable for the period of such breach.
29. NEGATION OF PARTNERSHIP:
LESSOR shall not become or be deemed a partner or joint venture with LESSEE or in any other relationship with LESSEE other than that of landlord and tenant by reason of the provisions of this Lease nor shall LESSEE for any purpose be considered an agent, officer, or employee of LESSOR.
30 SURRENDER PREMISES:
On the last day of the term, or extension thereof, or sooner termination of this Lease, and subjectto the rights and remedies of LESSOR and LESSEE described in Paragraph 15 hereof, 72 of 15
LESSEE shall peaceably and quietly leave, surrender and yield up to the LESSOR the demised premises in as good condition and repair as at the commencement of LESSEE'S occupancy, reasonable wear and tear thereof excepted.
31. ENTIRE AGREEMENT:
This Lease contains all agreements of the parties with respect to the subject matter described herein. No prior agreements or understandings whether oral or in writing pertaining to any such matter shall be effective or of any force or effect.
32. VENUE AND GOVERNING LAW:
This agreement is made, entered into and is to be performed in Kern County, California. This Lease shall be governed by and construed in accordance with the laws of the State of California.
33. COVENANTS AND CONDITIONS:
Each provision of this Lease performable by LESSEE shall be deemed both a covenant and a condition.
34. TIME OF THE ESSENGE:
Time is hereby expressly declared to be the essence of this Lease and of each and every provision thereof, and each such provision is hereby made and declared to be a material, necessary and essential part of this Lease.
35. SEVERABILITY:
lf any provision of this Lease is determined by a Court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall in no way be affected thereby and same shall remain in full force and effect.
36. AUTHORIZED AGENT OF LESSOR:
The City Manager of the City of Tehachapi is the duly authorized agent of LESSOR for purposes of this Lease, and as to any obligations assumed herein by LESSEE, they shall be performed to the satisfaction of the City Manager.
37. NOTICES:
All notices required or permitted under this Agreement or at law shall be deemed to be given when personally served on the party to be noticed or when deposited in the United States mail, Registered or Certified, postage prepaid and addressed as follows:
13 of l-5
TO LESSOR: City Manager
City of Tehachapi
115 South Robinson Street
Tehachapi, CA 93561
TO LESSEE Timothy Lee McGuire
19922 BurrAve
Tehachapi, CA 93561
661 972 3449
mcqu [email protected]
Any party may change its or their address by providing notice of same in the manner herein prescribed.
38. BINDING:
This Lease shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, successors, and assigns.
39. CAPTIONS:
The captions appearing in this Lease are for convenience only, are not part of this Lease and shall not be considered in interpreting this Lease.
40. AMENDMENTS:
This Lease may not be altered, amended, or modified except by a writing executed by duly authorized representatives of all parties.
41 ATTORN S FEES:
ln the event any action or proceeding is instituted arising out of or relating to this Lease or for the purpose of enforcing this Lease, the prevailing party shall be entitled to its reasonable attorney's fees and actual costs.
42. RECORDATION:
LESSEE acknowledges its understanding that the law of the State of California authorizes LESSOR to record this Lease or a memorandum of same. ln that regard, LESSEE agrees to execute a memorandum of this Lease forthe purposes of recordation in such reasonable 14 of 15
form and content as may be proposed by Lessor
43, COUNTERPARTS:
This Lease may be executed in counterparts and the respective signature pages for each party may thereafter be attached to the body of this Lease to constitute one integrated agreement which is as fully effective and binding as if the entire Lease had been signed at one time.
lN WITNESS WHEREOF, the parties have hereunto set their hands the day and year first above written.
LESSOR: LESSEE:
CITY OF TEHACHAPI TIMOTHY LEE MCGUIRE
By By
Philip Smith
Mayor
City of Tehachapi, California
N-Number none
Manufacturer North American Model-t-28
Owner: Timothy Lee McGuire
Tehachapi build a plane-disassembled "war-bird"
Phone of Registered Owner
N/A
Name & Address of aircraft insurer
USAA when required
15 of 15
CITY OF
TEHACHAPI
CALIFORNIA
COUNCIL REPORTS
MEETING DATE: MARCH 7,2022 AGENDA SECTION: AIRPORT
DEPARTMENT
APPROVED
CITY
TO: HONORABLE MAYOR SMITH AND COUNCIL MEMBERS
FROM: ASHLEY WHITMORE, GENERAL SERVICES DIRECTOR
DATE: MARCH 2,2022
SUBJECT: TEHACHAPI AIRPORT DUST MITIGATION PROJECT
BACKGROUND
As the Council will recall, in late 2020 the Tehachapi Airport partnered with and received a grant from the Eastern Kern Air Pollution Control district to mitigate dust being pushed into neighborhoods adjacent to the airport from incoming aircraft and the often strong Tehachapi winds.
Staff applied the product to approximately 20 acres of property with great success and has applied for the grant again, with a request for additional funding to apply a denser layer of product to the east end of the airport. This area is closest to the Ashe Tract homes and the most commonly used area for rotorcraft.
ABOUT THE PRODUCT
Soil Works produces an eco-safe, biodegradable, liquid copolymer used to provide erosion control and dust suppression.
The application provides long-term effectiveness; keeping soil, aggregate and particles where they belong; on the ground. The product creates a clear three-dimensional cap or surface crust by linking and cross-linking particles together. lt is designed to penetrate the ground creating a strong and resilient, yet flexible, surface wear course that can withstand the intense abuse of vehicle traffic and environmental conditions.
FISCAL !MPACT
The Eastern Kern Air Pollution Control District receives annual AB 2766 "air quality impact" funds collected through the DMV from each vehicle registered in Eastern Kern County. The District uses these funds for projects related to reducing mobile source emissions necessary to comply with the California Clean Air Act. This includes mitigating mobile source generated fugitive dust. Agreement 03-001-2022 will provide AB 2766 funds for 100 percent of eligible costs, up to a maximum of 534,097.72
RECOMMENDATION
APPROVE THE AGREEMENT BETWEEN THE CITY OF TEHACHAPIAND THE EASTERN KERN AIR POLLUTION
CONTROL DISTRICT FOR THE TEHACHAPI MUNICIPAL AIRPORT DUST MITIGATION PROJECT AND AUTHORIZE
THE CITY MANAGER AND CITY ATTORNEY TO SIGN
Eastern Kern
Air Pollution Control District
Glen E. Stephens, P.E.
Air Pollution Control Officcr
February 23,2022
Greg Garrett, City Manager
Tehachapi Municipal Airport
115 S. Robinson St.
Tehachapi, CA 93561
SUBJECT: Agreement with Tehachapi Municipal Airport for Dust Mitigation Project Dear Mr. Garrett:
Enclosed are three copies of Agreement 03-001-2022between the Tehachapi Municipal Airport and the Eastern Kem Air Pollution Control District (District).
Please review, sign, and return all copies of the Agreement and retum to the District in the enclosed self-addressed envelope. Once we receive all necessary signatures, one original copy of the Agreement will be sent back to you to retain for your records.
If you have any questions or concerns, feel free to contact me at (661) 862-5250.
Sincerely,
Glen E. Stephens, P.E.
Air Pollution Control Offrcer
GES: kl
Enclosures
Administrative Office: 2700 "M" Street, Suite 302, Bakersfield, CA 93301-2370 Phone (661) 862-5250 - Fu (661) 862-5251
www. kernair. org - [email protected]. com
ew*
DMV GRANT FUNDS
AGREEMENT NUMBER
03-001-2022
AGREEMENT
BETWEEN
EASTERN KERN AIR POLLUTION CONTROL DISTRICT
AND
CITY OF TEHACHAPI
THIS AGREEMENT is made and entered into on this 3'd Day of March, 2022,by and between the EASTERN KERN AIR POLLUTION CONTROL DISTRICT ('DISTRICT") and CITY OF TEHACHAPI FOR TEHACHAPI MUNICIPAL AIRPORT (.GRANTEE"). DISTRICT and GRANTEE may be referred to individually as "Party" and collectively as "Parties."
RECITALS
(a) The California Clean Air Act requires local air pollution control districts to reduce emissions from motor vehicles;
(b) AB 2766, codified in California Health and Safety Code section 44220 et seq., authorizes air pollution control districts to impose a fee of four dollars ($4.001 upon certain registered motor vehicles within the district, and the governing board of the DISTRICT has imposed said fee;
(c) Said legislation requires the DISTRICT to use said funds for activities related to reducing air pollution from motor vehicles and for related planning, monitoring, enforcement, and technical studies necessary for the implementation of the California Clean AirAct of 1988;
(d) GRANTEE has proposed a project that meets the eligibility criteria of the DISTRICT and that has been approved by the governing board of the DISTRICT for funding; and
(e)
forth herein
GRANTEE represents that it is willing and able to perform the activities set NOW lT lS AGREED between the Parties as follows:
1. Proiect. GRANTEE shall perform all activities and work necessary to complete the project described in Exhibit A which is attached hereto and incorporated herein by this reference. GRANTEE agrees to furnish all labor, materials, equipment, licenses, permits, fees and other incidentals necessary to perform and complete, on schedule and in a professional manner, the services described herein. GRANTEE represents that GRANTEE either has the expertise necessary to adequately perform the project specified in said Exhibit A or wil! hire personnel with the necessary expertise.
2. Period of Performance/Timetable. GRANTEE shall commence performance of work and diligently execute said work in accordance with the project implementation 1 schedule and deadlines for performance indicated in Exhibit A, unless this Agreement is terminated sooner as provided for elsewhere in this Agreement.
3. Reportinq Requirements.GRANTEE shall submit reports to DISTRICT as provided in Exhibit A attached hereto. DISTRICT reserves the right to review, comment, and request changes to any report produced as a result of this Agreement.
4. Gompensation. The total obligation of the DISTRICT under this Agreement shall not exceed thirty four thousand ninety seven dollars and seventy-two cents ($34,097.72). Said amount will be adjusted by any rebates, discounts, or subsidies received by GRANTEE that were not considered in determining the amount to be paid by DISTRICT under this Agreement.
GRANTEE shall, if necessary, obtain through other sources sufficient additional monies to fund the total cost of the project as outlined in Exhibit A. Upon request by DISTRICT, satisfactory written evidence of such funding commitments shall be provided to DISTRICT prior to the release by DISTRICT of any funds under this Agreement. ln the event funding from other sources for the total cost of the project, as outlined in Exhibit A, is not received by GRANTEE, DISTRICT reserves the right to terminate or renegotiate this Agreement. In that event, if requested by the DISTRICT, GRANTEE shall return any DISTRICT funds previously paid to GRANTEE. lf GRANTEE receives funds from any source, other than those identified in GRANTEE's application for funding from DISTRICT, for use on this project, GRANTEE shall promptly notify DISTRICT of its receipt of such additional funds. The amount of funds payable by DISTRICT under this Agreement shall be reduced by the amount of such additional funding received by GRANTEE, even if such additional funding is received after termination of this Agreement. Any overpayment by DISTRICT as a result of GRANTEE's receipt of additional funding shall be promptly repaid by GRANTEE to DISTRICT.
5. Pavments
A. Advanced payments shall not be permitted. Payments will be permitted only at such time as equivalent services have been satisfactorily rendered. The DISTRICT shall reimburse GRANTEE in arrears, after receipt and verification of a properly supported claim for payment. Claims and all supporting documentation shall be submitted directly to the DISTRICT.
B. All invoices for payment shall be submitted in a form approved by the DISTRICT and shall contain a detailed description of the work completed for which payment is being requested, including all proper documentation and receipts of expenses incurred, and shall include a cumulative total of all payments received.
Payment will be made to GRANTEE within thirty (30) days of receipt and approval of an invoice by the DISTRICT.
C. The amount to be paid to GRANTEE under this Agreement includes all sales and use taxes incurred pursuant to this Agreement, if any, including any such taxes due on equipment purchased by the GRANTEE. The GRANTEE shall not receive additional compensation for reimbursement of such taxes and shall not decrease work to compensate therefore.
2 D. Concurrently with the submission of any claim for payment, GRANTEE shall certify (through copies of invoices, issued checks, receipts, etc.) that complete payment has been made to any and a!! suppliers, subcontractors or consultants who have provided materials or performed work for which payment is being requested by GRANTEE. lt is understood that all costs and expenses incidentalto GRANTEE's performance of services under this Agreement shall be borne exclusively by GRANTEE E. Any compensation which is not expended by GRANTEE pursuant to the terms and conditions of this Agreement by the project completion date shall automatically revert to the DISTRICT. Only expenditures incurred by the GRANTEE in the direct performance of this Agreement will be reimbursed by the DISTRICT. Only allowable expenditures, as determined in the sole discretion of the DISTRICT, will be reimbursed by the DISTRICT. All final claims shall be submitted by GRANTEE within sixty (60) days following the final month of activities for which payment is claimed. No action will be taken by DISTRICT on claims submitted beyond the 60-day closeout period.
6. Non-Allocation of Funds. The terms of this Agreement and the services to be provided hereunder are contingent on the approval of funds by the appropriating government agency. Should sufficient funds not be allocated, the services provided may be modified or this Agreement terminated at any time by giving the GRANTEE thirty (30) days prior written notice.
7. Term. This Agreement shall be deemed in force as of the date first above written and shall remain in effect until project is complete and payment by DISTRICT of the final claim of GRANTEE, unless sooner terminated as hereinafter provided.
8. Assignment. GRANTEE shall not assign, sublet, or transfer this Agreement, or any part hereof. GRANTEE shall not assign any monies due or which become due to GRANTEE under this Agreement without the prior express and written approval by the DISTRICT.
9. Nesation of Partnership. ln performance of all services under this Agreement, GRANTEE shall be, and acknowledges that GRANTEE is, in fact and law, an independent contractor and not an agent or employee of DISTRICT. GRANTEE has and retains the right to exercise full supervision and control of the manner and methods by which GRANTEE shall perform its work under this Agreement. GRANTEE retains full supervision and control over the employment, direction, compensation and discharge of all persons assisting GRANTEE in the performance of work hereunder.
However, DISTRICT shall retain the right to administer this Agreement so as to verify that GRANTEE is performing its obligations in accordance with the terms and conditions thereof. With respect to GRANTEE's employees, if any, GRANTEE shall be solely responsible for payment of wages, benefits and other compensation, compliance with all occupational safety, welfare and civil rights laws, tax withholding and payment of employee taxes, whether federal, state or local, and compliance with any and all other laws reg ulating employment.
10. Disclosure Statement. The GRANTEE certifies that no other requests for grant or incentive funding for the project, described in Exhibit "A" of this Agreement, have been submitted or will be submitted to any other party, including but not limited to 3 dealers, manufacturers, other air districts, CARB, or any other government agency. lf the GRANTEE or any other third party designee is found to have submitted multiple applications or signed multiple agreements for this project without disclosing the information to the DISTRICT, the DISTRICT will pursue at least one or more of the following actions.
!f the GRANTEE or any other third pafi designee is found to have submitted multiple applications or signed multiple agreements for this project without disclosing the information to the DISTRICT, the DISTRICT will pursue one or more of the following actions:
A.
c
B
The GRANTEE may be disqualified from all DISTRICT funding sources for this project;
The GRANTEE may be banned from submitting future applications to any and all DISTRICT DMV Grant Program solicitations; or
The GRANTEE The DISTRICT may seek civil penalties against the GRANTEE for such conduct.
11. lndemnification. GRANTEE agrees to indemniff, defend and hold harmless DISTRICT and DISTRICT's Board members, officials, agents, officers, employees, volunteers and authorized representatives from any and all losses, Iiabilities, charges, damages, claims, liens, causes of action, awards, judgments, costs, and expenses (including, but not limited to, reasonable attorneys' fees of County Counsel and counsel retained by DISTRICT, expert fees, costs of staff time, and investigation costs) of whatever kind or nature, which arise out of or are in any way connected with any act or omission of GRANTEE or GRANTEE's officers, agents, employees, independent contractors, subcontractors of any tier, or authorized representatives. \Mthout limiting the generality of the foregoing, the same shall include bodily and personal injury or death to any person or persons; damage to any property, regardless of where located, including the property of DISTRICT; and any workers' compensation claim or suit arising from or connected with any services performed pursuant to this Agreement on behalf of GRANTEE by any person or entity.
12. lnsurance. GRANTE E, in order to protect DISTRICT and its Board members, officials, agents, officers, and employees against al! claims and liability for death, injury, loss and damage as a result of GRANTEE actions in connection with the performance of GRANTEE obligations, as required in this Agreement, shall secure and maintain insurance as described below. GRANTEE shall not perform any work under this Agreement until GRANTEE has obtained all insurance required under this section and the required certificates of insurance have been filed with and approved by the DISTRICT. GRANTEE shall immediately pay any deductibles and self-insured retentions under a!! required insurance policies upon submission of any claim by GRANTEE or DISTRICT as an additional insured.
A. During the performance of all work described in Exhibit "A", GRANTEE shall maintain, or require that all sub-contractors hired by GRANTEE to perform work on the project maintain, the following insurance coverages:
4 (1) Workers' Compensation lnsurance in accordance with the provisions of section 3700 of the Labor Code.
GRANTEE shall require any sub-contractors to provide workers' compensation for all of the subcontractors' employees, unless the subcontractors' employees are covered by the insurance afforded by GRANTEE. lf any class of employees engaged in work or services performed under this Agreement is not covered by California Labor Code section 3700, GRANTEE shall provide and/or require each subcontractor to provide adequate insurance for the coverage of employees not othenruise covered.
GRANTEE shall also maintain employer's liability insurance with limits of one million dollars ($1,000,000) for bodily injury or disease. (2) Commercial General Liability lnsurance, including, but not limited to, Contractual Liability lnsurance (specifically concerning the indemnity provisions of this Agreement), Personal lnjury (including bodily injury and death), and Property Damage for liability arising out of the GRANTEE's performance of work under this Agreement. The amount of said insurance coverage required by this Agreement shall be at least one million dollars ($1,000,000) each occurrence and two million dollars ($2, 000, 000) agg regate.
(3) Automobile Liability lnsurance against claims of Personal lnjury (including bodily injury and death) and Property Damage, which shall not be less than one million dollars ($1,000,000) each occurrence.
(4) The Commercial General Liability and Automobile Liability lnsurance required in this subparagraph a. shall include an endorsement naming the DISTRICT and DISTRICT's Board members, officials, officers, agents and employees as additional insureds for liability arising out of this Agreement and any operations related thereto. Said endorsement shall be provided using one of the following three options: (i) on ISO form CG 20 10 11 85; or (ii) on ISO form CG 20 37 10 01 plus either ISO form CG 20 10 10 01 or CG 20 33 10 01 ; or (iii) on such other forms which provide coverage at least equal to or better than form CG 20 10't 1 85. (5) Any self-insured retentions in excess of $100,000 must be declared on the Certificate of lnsurance or other documentation provided to DISTRICT and must be approved by the APCO for DISTRICT.
B. Prior to GRANTEE commencing any of its obligations under this Agreement, evidence of insurance in compliance with the requirements above shall be furnished to the DISTRICT by Certificate of lnsurance. Receipt of evidence of insurance that does not comply with above requirements shall not constitute a waiver of the insurance requirements set forth above.
C. Cancellation of lnsurance - All insurance coverages required under this Agreement shall be maintained until the completion of all work to be performed hereunder, and shall not be suspended, voided, cancelled or reduced in coverage or in limits except after ten (10) days written notice by GRANTEE in the case of non-payment of premiums, or thirty (30) days written notice in all other cases. GRANTEE (and any sub-contractors hired by GRANTEE) shall immediately obtain replacement coverage for 5 any insurance policy that is terminated, canceled, non-renewed, or whose policy limits have been exhausted or upon insolvency of the insurer that issued the policy.
D. All insurance shall be issued by a company or companies listed in the current "Best's Key Rating Guide" publication with a minimum of an "A-; VII" rating, or in special circumstances, be pre-approved by the DISTRICT.
E. lf GRANTEE is, or becomes during the term of this Agreement, selfinsured or a member of a self-insurance pool, GRANTEE shall provide coverage equivalent to the insurance coverages and endorsements required above. The DISTRICT will not accept such coverage unless the DISTRICT determines, in its sole discretion and by written acceptance, that the coverage proposed to be provided by GRANTEE is equivalent to the above-required coverages.
F. All insurance afforded by GRANTEE, and any sub-contractors hired by GRANTEE, pursuant to this Agreement shall be primary to and not contributing to any other insurance or self-insurance maintained by DISTRICT. A waiver of subrogation will be granted in favor of DISTRICT. A waiver of subrogation is only required when GRANTEE's personnel deliver services or perform services for DISTRICT while on DISTRICT property.
G. lnsurance coverages in the minimum amounts set forth herein shall not be construed to relieve GRANTEE for any liability, whether within, outside, or in excess of such coverage, and regardless of solvency or insolvency of the insurer that issues the coverage; nor shall it preclude the DISTRICT from taking such other actions as are available to it under any other provision of this Agreement or otherwise in law.
H. Failure by GRANTEE or any sub-contractors hired by GRANTEE to maintain all such insurance in effect at all times required by this Agreement shall be a material breach of this Agreement by GRANTEE. DISTRICT, at its sole option, may terminate this Agreement and obtain damages from GRANTEE resulting from said breach. Alternatively, DISTRICT may purchase such required insurance coverage, and without further notice to GRANTEE, DISTRICT shall deduct from sums due to GRANTEE any premiums and associated costs advanced or paid by DISTRICT for such insurance. lf the balance of monies obligated to GRANTEE pursuant to this Agreement is insufficient to reimburse DISTRICT for the premiums and any associated costs, GRANTEE agrees to reimburse DISTRICT for the premiums and pay for all costs associated with the purchase of said insurance. Any failure by DISTRICT to take this alternative action shall not relieve GRANTEE of its obligation to obtain and maintain the insurance coverages required by this Agreement.
A. Breach of Agreement - The DISTRICT may immediately suspend or terminate this Agreement, in whole or in part, where in the determination of the DISTRICT, CONTRACTOR has:
(1)
(2)
(3)
lllegally or improperly used funds;
Failed to comply with any term of this Agreement;
Submitted to the DISTRICT a substantially incorrect or incomplete report; or
6 13. Termination.
(4) lmproperly performed services
ln no event shall any payment by the DISTRICT constitute a waiver by the DISTRICT of any breach of this Agreement or any default, which may then exist on the part of the GRANTEE. Neither shall such payment impair or prejudice any remedy available to the DISTRICT with respect to the breach or default. The DISTRICT shall have the right to demand of the GRANTEE the repayment to the DISTRICT of any funds disbursed to the GRANTEE under this Agreement which in the judgment of the DISTRICT were not expended in accordance with the terms of this Agreement. The GRANTEE shall promptly refund any such funds upon demand. !n addition to immediate suspension or termination, DISTRICT may impose any other remedies available at law, in equity, or otherwise specified in this Agreement.
B. Without Cause - DISTRICT may terminate this Agreement at any time upon giving GRANTEE at least thirty (30) days' advance written notice of its intention to terminate. !n such case, the GRANTEE shall, subject to Section 5, be paid for all actual costs incurred up to the time of the termination.
14. Notices. All notices required or provided for in this Agreement shall be provided to the Parties at the following addresses, by personal delivery or deposit in the U.S.
Mail, postage prepaid, registered or certified mail, addressed as specified below.
Notices delivered personally shall be deemed received upon receipt; mailed or expressed notices shall be deemed received five (5) days after deposit. A Party may change the address to which notice is to be given by giving notice as provided above.
To DISTRICT To GRANTEE
Glen E. Stephens, APCO
Eastern Kern Air Pollution Control District
2700'M" St, Ste 302
Bakersfield, CA 93301
Greg Garrett, City Manager
Tehachapi Municipal Airport
1 15 S. Robinson Street
Tehachapi, CA 93561
Nothing in this Agreement shall be construed to prevent or render ineffective delivery of notices required or permitted under this Agreement by personal service.
15. Conflict of lnterest. The Parties to this Agreement have read and are aware of the provisions of Section 1090 et seq. and Section 87100 et seq. of the Government Code relating to conflict of interest of public officers and employees. GRANTEE agrees that they are unaware of any financial or economic interest of any public officer or employee of the DISTRICT relating to this Agreement. lt is further understood and agreed that if such a financial interest does exist at the inception of this Agreement, the DISTRICT may immediately terminate this Agreement by giving written notice thereof.
GRANTEE shall comply with the requirements of Government Code section 87100 et seq. during the term of this Agreement.
16. Sole Agreement. This document contains the entire agreement of the Parties relating to the services, rights, obligations, and covenants contained herein and assumed by the Parties respectively. No inducements, representations, or promises have been made, other than those recited in this Agreement. No oral promise, modification, change, or inducement shall be effective or given any force or effect. 7 17. Authoritv to Bind DISTRICT. lt is understood that GRANTEE, in GRANTEE's performance of any and all duties under this Agreement, except as otherwise provided in this Agreement, has no authority to bind DISTRICT to any agreements or undertakings.
18. Modifications of Asreement. This Agreement may be modified in writing only, signed by the Parties in interest at the time of the modification.
19. Nonwaiver. No covenant or condition of this Agreement can be waived except by the written consent of DISTRICT. Forbearance or indulgence by DISTRICT in any regard whatsoever shall not constitute a waiver of the covenant or condition to be performed by GRANTEE. DISTRICT shall be entitled to invoke any remedy available to DISTRICT under this Agreement or by law or in equity despite said forbearance or indulgence.
21. Choice of LadVenue. The Parties hereto agree that the provisions of this Agreement will be construed pursuant to the laws of the State of California. This Agreement has been entered into and is to be performed in the County of Kern.
Accordingly, the Parties agree that the venue of any action relating to this Agreement shall be in the County of Kern.
22. Confidentialitv. GRANTEE shall not, without the written consent of the DISTRICT, communicate confidential information, designated in writing or identified in this Agreement as such, to any third party and shall protect such information from inadvertent disclosure to any third party in the same manner that they protect their own confidential information, unless such disclosure is required in response to a validly issued subpoena or other process of law. The provisions of this paragraph shall survive termination of this Agreement.
23. Enforcement of Remedies. No right or remedy herein conferred on or reserved to DISTRICT is exclusive of any other right or remedy herein or by law or equity provided or permitted, but each shall be cumulative of every other right or remedy given hereunder or now or hereafter existing by law or in equity or by statute or otherwise, and may be enforced concurrently or from time to time.
24. Severabilitv. Should any part, term, portion, or provision of this Agreement be decided finally to be in conflict with any law of the United States or the State of California, or otherwise be unenforceable or ineffectual, the validity of the remaining parts, terms, portions, or provisions shall be deemed severable and shall not be affected thereby, provided such remaining portions or provisions can be construed in substance to constitute the agreement that the Parties intended to enter into in the first instance.
25. Compliance with Law. GRANTEE shall observe and comply with all applicable local, state and federal laws, ordinances, rules and regulations now in effect or hereafter enacted, each of which are hereby made a part hereof and incorporated herein by reference.
26. Captions and lnterpretation. Paragraph headings in this Agreement are used solely for convenience and shal! be wholly disregarded in the construction of this Agreement. No provisions of this Agreement shall be interpreted for or against a Party 8 because that Party or its legal representative drafted such provision, and this Agreement shall be construed as if jointly prepared by the Parties.
27. Time of Essence. Time is hereby expressly declared to be of the essence of this Agreement and of each and every provision hereof, and each such provision is hereby made and declared to be a material, necessary, and essential part of this Agreement.
28. Counterparts. This Agreement may be executed simultaneously in any number of counterparts, each of which shall be deemed an original but a!! of which together sha!! constitute one and the same instrument.
29. Nondiscrimination. NeitherGRANTE E, nor any officer, agent, employee, servant, or subcontractor of GRANTEE, shall discriminate in the treatment or employment of any individual or groups of individuals on the grounds of race, color, religion, national origin, age, or sex, either directly, indirectly, or through contractual or other arrangements.
30. Audit. lnspection. and Retention of Records. GRANTEE agrees to maintain and make available to DISTRICT accurate books and records relative to all its activities under this Agreement. GRANTEE sha!! permit DISTRICT to audit, examine, and make excerpts and transcripts from such records, and to conduct audits of al! invoices, materials, records, personnel, or other data related to all other matters covered by this Agreement. GRANTEE shall maintain such data and records in an accessible location and condition for a period of not less than three (3) years from the date of final payment under this Agreement, or until after the conclusion of any audit, whichever occurs last.
The State of California and/or any federal agency having an interest in the subject of this Agreement shall have the same rights conferred upon DISTRICT herein.
GRANTEE shall be subject to an audit by DISTRICT or its authorized representative to determine if the revenues received by GRANTEE were spent for the reduction of pollution as provided in AB 2766 and to determine whether said funds were utilized as provided by law and this Agreement. lf, after audit, DISTRICT makes a determination that funds provided GRANTEE pursuant to this Agreement were not spent in conformance with this Agreement, AB 2766 or any other applicable provisions of law, GRANTEE agrees to immediately reimburse DISTRICT all funds determined to have been expended not in conformance with said provisions.
31. Non-Collusion Covenant. GRANTEE represents and agrees that it has in no way entered into any contingent fee arrangement with any firm or person concerning the obtaining of this Agreement with DISTRICT. GRANTEE has received from DISTRICT no incentive or special payments, nor considerations not related to the provision of services under this Agreement.
32. Political Activitv and Lobbvins Prohibited. None of the funds , materials, property, or services provided under this Agreement shall be used for any political activity, or to further the election or defeat of any candidate for public office contrary to federal or state laws, statutes, regulations, rules, or guidelines. ln addition, none of the funds provided under this Agreement shall be used for publicity, lobbying, or propaganda purposes designed to support or defeat legislation before the Congress of the United States of America or the Legislature of the State of California.
I
33. No Third Partv Riqhts. Other than as expressly set forth herein, this Agreement will not be deemed to provide third parties with any remedy, claim, right of action, or other right.
34. Compliance with IRCA. GRANTEE acknowledges that GRANTEE, and all subcontractors hired by GRANTEE to perform services under this Agreement, are aware of and understand the lmmigration Reform and ControlAct (!RCA). GRANTEE is and shall remain in compliance with the IRCA and shall ensure that any subcontractors hired by GRANTEE to perform services under this Agreement are in compliance with the IRCA.
!n addition, GRANTEE agrees to indemnify, defend, and hold harmless DISTRICT, its agents, officers, and employees, from any liability, damages, or causes of action arising out of or relating to any claims that GRANTEE's employees, or the employees of any subcontractor hired by GRANTEE, are not authorized to work in the United States for GRANTEE or its sub-contractor and/or any other claims based upon alleged IRCA violations committed by GRANTEE or GRANTEE's subcontractor(s).
This Page lntentionally Left Blank
10 34. Signature Authority. Each Party has full power and authority to enter into and perform this Agreement, and the person signing this Agreement on behalf of each Party has been properly authorized and empowered to enter into this Agreement.
IN WITNESS TO WHICH, each Party to this Agreement has signed this Agreement upon the date indicated, and agrees, for itself, its employees, officers, partners, and successors, to be fully bound by all terms and conditions of this Agreement.
EASTERN KERN AIR POLLUTION CITY OF TEHACHAPI
CONTROL DISTRICT
Chairman, District Board
"DISTRICT"
APPROVED AS TO CONTENT:
Air Pollution Control District
Glen E. Stephens, P.E., APCO
APPROVED AS TO FORM:
Office of the County Counsel
By ___________ _
Phillip Hall, Deputy
By _ _ _______ _
Greg Garrett
City Manager
"GRANTEE"
APPROVED AS TO FORM:
Agency Attorney
By __________ _
Attorney
11 EXHIBIT "A''
AGREEMENT No. 03-001-2022
Proiect Location: Tehachapi MunicipalAirport, 314 N Hayes St Tehachapi, California 93561.
Description of Proiect: Prepare area and apply Gorilla-Snot dust palliative to approximately 20 acres of the Tehachapi Municipal Airport. Estimated total cost of project is $34,097.72.
Proiect Implementation Schedule: Project shall start on or after March 3,2022, and shall be completed by March 3,2023.
TASK WORK ITEMS TOTAL
GS-275GT, Gorilla-Snot
275 Gallon IBC Tate 23.00 @ $t,058.75 each $24,351.25
Soil Stabilization & Dust
Control Application
Labor: 40 hours (estimated)
@ $66.00/hr $2,640.00
GC! Equipment Rental Water Truck one week $850.00
GCI Equipment Rental Water truck round trip
delivery charge $300.00
Shipping (Gorilla-Snot) $4,191.00
Tax (Gorilla-Snot) $1,765.47
Total Cost: $34,097.72
Maximum Proiect Grant Funds Approved: The DISTRICT sha!! pay up to a maximum grant amount of thirty four thousand ninety seven dollars and seventy-two cents ($34,097.72). The fina! cost shall be the cost after adjustment for any rebates, discounts or subsidies received by GRANTEE that were not considered in determining the amount to be paid by DISTRICT under this Agreement.
Tehachapi Municipal Airport 03-OO1-2022
12 CITY OF
TE HAC HAPI
CALIFORNIA
COUNCIL REPORTS
MEETING DATE: MARCH 7,2022 AGENDA SECTION: PUBLIC WORKS
APPROVED
DEPARTMENT
CITY
TO: HONORABLE MAYOR PHILIP SMITH AND COUNCIL MEMBERS
FROM: DON MARSH, PUBLIC WORKS DIRECTOR
DATE: MARCH 7th,2022
SUBJECT: CLEAN CALI FORN IA CALTRANS MA!NTENANCE AGREEMENT
BACKGROUND
Trash has plagued California's streets and highways for decades. The Caltrans, Clean California Litter Removal Program provides significant investments in litter collection, community engagement and education to ultimately transform unsightly roadsides into spaces of pride for all Californians. Part of Governor Gavin Newsom's California Comeback Plan, Clean California is a sweeping Sf.f billion, multiyear clean-up effort to remove trash, create jobs and engage communities to transform roadsides into places of public pride. State Clean California funds go directly to cities and counties to clean local streets and public spaces and transform roadsides into places of public pride.
The City of Tehachapi has requested to be a part of this program administered by Caltrans. Specifically, the City will provide litter removal on Tucker Road (Hwy 202) from Highway 58 to Valley Blvd. As part of this program, The City will be reimbursed for all costs associated with litter removal (labor, materials, and equipment) and local administration of the program.
FISCAL !MPACT
The estimated revenue to the City for this program is $35,100.
RECOMMENDATION
AUTHORIZE THE MAYOR TO ENTER !NTO A MAINTENANCE AGREEMENT WITH CALTRANS FOR THE CITY TO PARTICIPATE IN THE CALTRANS CLEAN CALIFORNIA LITTER REMOVAL PROGRAM. ,aE_____J
Rev. 1212021
CTEAN CATIFORNIA MAINTENANCE AGREETTAENT
WITH THE CITY OF TEHACHAPI
This CLEAN CALIFORNIA MAINTENANCE AGREEMENT ("AGREEMENT") is mode by ond between the Stote of Colifornio, octing by ond through the Deportment of Tronsportotion ("STATE"), ond the City of Tehochopi ("LOCAL AGENCY"); eoch moy be referred to individuolly os o "PARTY" ond jointly os "PARTIES".
RECITATS
l. This AGREEMENT will identify the specific mointenonce functions STATE requests LOCAL AGENCY to perform in the STATE right of woy, including highwoy ond freewoy oreos situoted within LOCAL AGENCY'S jurisdictionol limits os outhorized in Streets ond Highwoys Code Section .l30.
2. Pursuont to the "Cleon Colifornio Beoutificotion Progrom of 2021," the PARTIES desire to identify specific mission-criticol mointenonce services LOCAL AGENCY will perform on ond oround STATE right of woy situoted within LOCAL AGENCY's jurisdictionol limits.
OPERATIVE PROVISIONS
l. Mqinlenonce Services. LOCAL AGENCY sholl perform litter, debris, ond groffiti removol ot the Stote Route(s) (SR) 202, post miles (PM) 8.5 to 12.09 ond opproximote mile lengths (STATE Right of Woy) .l.56 set forth in Exhibit A. LOCAL AGENCY sholl remove ond discord litter ond debris, including, but not limited to: furniture, opplionces, tire cosings, bulky ond lorge items, outomobile wreckoge, outo components, clothing, beveroge contoiners, food pockoges ond gorboge.
2. Moinlenonce Slqndords. LOCAL AGENCY sholl perform oll mointenonce services in complionce with the provisions of Streets ond Highwoys Code Section 27, ond in occordonce with Colifornio ond federol lows ond regulotions ond STATE policies, procedures ond specificotions in effect ond os omended, ond opplicoble municipol ordinonces.
3. Prior Moinlenonce Agreemenh. The PARTIES ogree thot this AGREEMENT does not supersede the PARTIES' existing Delegoted Mointenonce Agreement or other mointenonce ogreements, if ony.
4. Mqinlenonce Areos. LOCAL AGENCY sholl only perform mointenonce services in the STATE Right of Woy locotions described in Exhibit A ond listed in Exhibit B.
5. Amendmenl to Agreement. Chonges to LOCAL AGENCY's mointenonce services covered in this AGREEMENT moy be mode by eoch PARTY executing Rev. l2l2O21
omended Exhibits A ond B ond/or executing odditionol poges to Exhibits A ond B ihot sholl be ottoched to this AGREEMENT ond willsupersede the originol Exhibits A ond B. Otherwise, this AGREEMENT moy only be omended by o written ogreement executed by both PARTIES. STATE's District Mointenonce Agreement Coordinotor (DMAC)(or other title os oppropriote)( ) must obtoin prior written opprovol of ony omendments from the District 9 Deputy Director of Mointenonce before such omendments moy become effective ond enforceoble under this AGREEMENT.
6. Porty Represenlolives qnd Nolices.
LOCAL AGENCY's Project Monoger is:-Don Morsh
STATE's DMAC (or other title) is:-Terry Erlwein
All notices, document submittols ond invoices required under this AGREEMENT sholl be deemed to hove been fully given when mode in writing ond received by the PARTIES of their respective oddresses os follows:
tOCAt AGENCY
Attn: Don Morsh
Address:'l l5 South Robinson Street
City, Zip: Tehochopi, CA 93561
SIATE
Attn: Terry Erlwein
Address: 500 South Moin Street
City, Zip:-Bishop, CA 93514
7. Excluded Mointenqnce Aclivilies.
7.1 Unsheltered Encompment Relocotion. LOCAL AGENCY sholl not engoge in ony octivities to relocote ony persons experiencing homelessness who ore situoted within STATE Right of Woy. LOCAL AGENCY sholl comply with the processes ond procedures set forth in STATE's "lnterim Guidonce on Encompments, Prioritizing ond Addressing Encompments on Coltronsowned Property," doted July 2021, ond os moy be omended during the term of this AGREEMENT (lnterim Guidonce).
7.2 Abondoned Encqmpments. lf LOCAL AGENCY encounters obondoned homeless encompments of or within STATE Right of Woy, LOCAL AGENCY sholl comply with the processes ond procedures set forth in STATE's lnterim Guidonce, including but not limited to coordinotion with STATE ond the locol Colifornio Highwoy Potrol.
Rev. l2/2021
7.3 Hqzordous Mqleriql Cleon up. LOCAL AGENCY sholl not engoge in ony hozordous moteriol cleon-up octivities. lf LOCAL AGENCY encounters ony hozordous moteriols, including but not limited to bloodborne pothogens, biologicol woste, feces, syringes, needles, shorp objects or unknown substonces during mointenonce services performed under this AGREEMENT, LOCAL AGENCY sholl immediotely contoct STATE's District Hozordous Moteriol Monoger for oppropriote oction.
7.4 Weed Abolement. LOCAL AGENCY sholl not perform ony weed obotement, remove overgrown brush, trees, gross ond limbs or conduct ony sproying, groding, mowing or discing for ony mointenonce services within STATE Right of Woy.
8. Groffiti Removol. LOCAL AGENCY's groffitiremovolsholl be limited to removol of text only in occordonce with Streets ond Highwoy Code Section 96. Any groffiti thot in ony woy resembles o murol, ortwork, pointings, or other similor elements moy not be removed. LOCAL AGENCY sholl discuss such possible ort with STATE's District 9 Tronsportotion Art Coordinotor before conducting ony groffiti removol or remediotion. STATE sholl poy the octuol cost of LOCAL AGENCY's groffiti removol os specified in Section I I of this AGREEMENT.
9. Moinlenqnce Service Schedule. LOCAL AGENCY sholl provide STATE's District 9 Areo Mointenonce Superintendent Dove Botchelder, of leost twenty-four 124) hovr prior telephone or emoil notice before performing ony mointenonce services under this AGREEMENT. His/her emoil ond phone number ore: (760) 920-7447. LOCAL AGENCY sholl provide the DMAC identified in this AGREEMENT with o litter, debris ond groffiti removol schedule. Mointenonce services sholl be provided of o minimum weekly bosis. Mointenonce services sholl be performed between the hours of 6:00 om ond 6:00 pm ond moy be performed on weekends ond holidoys if necessory. LOCAL AGENCY must request through the DMAC (or other title) o prior written opprovol from STATE's District Mointenonce Supervisor to perform ony mointenonce services before 5:00 om or ofter 6:00 pm.
.l0. Aulhorized Reimbursement. The functions ond levels of mointenonce services delegoted to LOCAL AGENCY in the ottoched Exhibits A ond B ond omounts opproprioted to STATE pursuont to the Cleon Colifornio Beoutificotion Progrom of 2O21hove been considered in setting outhorized totol dollor omounts.
LOCAL AGENCY moy perform odditionol work if desired, but STATE will not reimburse LOCAL AGENCY for ony work in excess of the outhorized dollor limits estoblished herein.
I l. Cost Reimbursemenl. STATE sholl reimburse LOCAL AGENCY for LOCAL AGENCY's octuol ond necessory costs incurred to perform the mointenonce Rev. l2l2O21
services under this AGREEMENT; provided, however, thot STATE's reimbursement sholl not exceed the moximum outhorized expenditures listed in Exhibit B.
I l.l Amendment lo Approved Expendilures. Upon LOCAL AGENCY's written request, the expenditures per route for mointenonce services set forth in Exhibits A ond B moy be increosed, decreosed, or redistributed between routes pursuont to the PARTIES executing on oppropriote omendment in occordonce with section 5 obove. All such odjustments must be outhorized in writing by the District Director or his/her outhorized represenfotive.
I .l.2 Term of Expenditures. Additionol expenditures or on odjustment of expenditures once outhorized sholl opply only for the term of this AGREEMENT ond sholl not be deemed to permonently modify or chonge the bosic moximum expenditures per route os specified in Exhibits A ond B. Any expenditure odjustments sholl not offect or olter ony other terms of this AGREEMENT.
12. Billing, Poymenl ond Reporting.
12.1 Billing Dole. LOCAL AGENCY shollsubmit billing invoices to STATE's DMAC (or other iitle) eoch (month/Ouorter) beginning ofter the first lmonth/Ouorter) LOCAL AGENCY hos performed mointenonce services under this AGREEMENT. LOCAL AGENCY sholl not submit billing invoices for reimbursement of costs less thon $500 more thon once eoch quorter.
LOCAL AGENCY sholl olso submit billing invoices promptly following the close of STATE's fiscol yeor on eoch June 30tn.
12.2 Bitling Submission Formqt. Eoch billing invoice sholl include oll of the following:
(o) STATE's Cleon Colifornio Progrom Code: CLEANCADMA;
(b) AGREEMENT number; CCMA O9-22-1OO
(c) Dote(s) of services;
(d) Locotion of services;
(e) Number of hours ond hourly rotes;
(f) Receipts for trosh disposol;
(g) Receipts for equipment, moteriols ond supplies; ond (h) LOCAL AGENCY's Performonce Report thot includes the informotion required under section l5 of this AGREEMENT.
Rev. l2/2021
STATE sholl poy LOCAL AGENCY for the mointenonce services sotisfoctorily performed in occordonce with the rqtes ond schedules in Exhibits A ond B.
l3.Successors. This AGREEMENT sholl be binding upon ond inure to the benefit of eoch of the PARTIES' successors-in-interest, including, but not limited to ony public entity to whom ony port of the STATE Right of Woy covered under this AGREEMENT moy be relinquished ond ony subsequently incorporoted city or other municipolity estoblished within the LOCAL AGENCY's jurisdictionol limits. .l4. Encroochmenl Permils. Before LOCAL AGENCY moy enter STATE Right of Woy to perform ony mointenonce services in the oreos covered by this AGREEMENT, STATE's District 9 Encroochment Permit Office must issue on initiol encroochment permit of no cost to LOCAL AGENCY. LOCAL AGENCY must obtoin odditionol encroochment permits, if necessory, to enter or perform ony work within STATE right of woy not covered by this AGREEMENT. STATE will issue these odditionolencroochment permits of no cost to LOCAL AGENCY. LOCAL AGENCY's controctors ond sub-controctors must opply for ond be issued seporote encroochment permits before they moy enter STATE Right of Woy to perform ony mointenonce or work under this AGREEMENT.
.l5. Performqnce Monitoring. LOCAL AGENCY sholl prepore o Performonce Report to record ond report the quontity ond description of litter, debris, ond groffiti removed ond mointenonce services performed of eoch cleon-up site ond locotion set forth in Exhibits A ond B. This Performonce Report sholl include doted ond executed documents demonstroting the weight ond/or omount of litter, debris, ond groffiti removed, including disposol receipts from outhorized disposol sites ond/or londfills. The DMAC (or other title i.e; RESOURCE MANAGER) moy olso request thot LOCAL AGENCY provide photogrophs of the sites token before ond ofter LOCAL AGENCY's mointenonce services ore performed.
16. legol Disposol of Litler Collecled.
LOCAL AGENCY sholl moke its own orrongements for the legol disposol of litter or debris moteriols to outhorized disposol sites. LOCAL AGENCY sholl not leove ony filled litter bogs, litter piles or other groups of litter ossembled during its mointenonce services olong or in STATE Right of Woy. Such litter groupings sholl be removed out of STATE Right of Woy eoch doy LOCAL AGENCY performs the mointenonce services in this AGREEMENT.
17. Sofety ond Worker Complionce. LOCAL AGENCY sholl be solely responsible for crew poy, workers compensotion ond ony other benefits required by stote ond federol low. Subcontroctors ond crew members ore not considered Rev. 1212021
STATE's employees of ony time. LOCAL AGENCY sholl comply with oll opplicoble Stote ond Federol stotutes ond regulotions governing worker ond public sofety, including but not limited to complionce with CAL-OSHA regulotions ond guidelines. LOCAL AGENCY sholl moke orrongements through the DMAC if troffic controls, flogs, signs, or lone closures ore necessory to sofely perform ony mointenonce services.
.l8. Equipmenl ond Supplies. LOCAL AGENCY sholl provide the necessory equipment, tools, personol protective equipment, moteriols, supplies ond products necessory to perform the mointenonce services under this AGREEMENT. STATE sholl reimburse LOCAL AGENCY for the reosonoble costs of such equipment ond supplies not to exceed the outhorized expenditures set forth in Exhibit B.
19. Legol Relotions ond Responsibilities.
l9.l No Third-porty Beneficiqries. This AGREEMENT is not intended to creote duties, obligotions, or rights of third porties beyond the PARTIES to this AGREEMENT, nor does this AGREEMENT offect o PARTY's legol liobility by imposing ony stondord of core for the mointenonce of STATE highwoys different from the stondord of core imposed by low.
19.2 lndemnificolion. Neither STATE nor ony of its officers or employees is responsible for ony injury, domoge or liobility occurring by reoson of onything done or omitted to be done by LOCAL AGENCY in connection with ony work, outhority or jurisdiction conferred upon LOCAL AGENCY under this AGREEMENT. LOCAL AGENCY sholl fully defend, indemnify, ond sove hormless STATE ond its officers ond employees from oll cloims, suits, or octions of every kind occurring by reoson of onything done or omitted to be done by LOCAL AGENCY, its controctors, sub-controctors ond/or its ogents pursuont to this AGREEMENT.
Neither LOCAL AGENCY nor ony of its officers or employees is responsible for ony injury, domoge or liobility occurring by reoson of onything done or omitted to be done by STATE, in connection with ony work, outhority or jurisdiction conferred upon STATE under this Agreement. STATE sholl fully defend, indemnify, ond sove hormless LOCAL AGENCY ond its officers ond employees from oll cloims, suits, or octions of every kind occurring by reoson of onything done or omitted to be done by STATE under this Agreement.
.l9.3 Work-reloted lnjuries. lf o LOCAL AGENCY-ossigned crew member is injured while performing mointenonce services under this AGREEMENT, LOCAL AGENCY or its designoted subcontroctor sholl be responsible for Rev. 1212021
ensuring the crew member is given prompt medicol core ond treotment ond, if necessory, tronsportotion to o medicol focility. LOCAL AGENCY or its designoted subcontroctor sholl odminister ony injury ond workers compensotion cloims. LOCAL AGENCY sholl notify the DMAC (or other title) within twenty-f ovr (24) hours when ony such incident hos occurred.
20. Prevoiling llloges ond lobor Complionce. LOCAL AGENCY sholl comply with ony ond oll opplicoble lobor ond prevoiling woge requirements in Lobor Code Sections l72O lhrough 1815 ond implementing regulotions for public works or mointenonce controcts ond subcontrocts executed for the LOCAL AGENCY's mointenonce services under this AGREEMENT.
21. Self-lnsured.' LOCAL AGENCY is self-insured. LOCAL AGENCY sholl deliver evidence of self-insured coveroge providing generol liobility insuronce, coveroge of bodily injury ond property domoge liobility, in on omount of $1 million per occurrence ond $2 million in oggregote ond $5 million in excess by delivering o Letter Certifying Self-lnsuronce. The Letter of Self-lnsuronce must be substontiolly in the form of Exhibit C ond identify the AGREEMENT number, ond locotion os depicted in Exhibits A ond B. LOCAL AGENCY sholl provide the originol Letter Certifying Self-lnsuronce os o condition to STATE's execution of this AGREEMENT. A copy of the originol letter sholl be ottoched to this AGREEMENT os Exhibit C.
Self-lnsured2 using Contrqclor. lf the work performed under this AGREEMENT is done by LOCAL AGENCY's controctor(s), LOCAL AGENCY sholl require its controctor(s) to mointoin in force, during the term of this AGREEMENT, o policy of generol liobility insuronce, including coveroge of bodily injury ond property domoge liobility, noming STATE, its officers, ogents ond employees os the odditionol insured in on omount of $l million per occurrence ond $2 million in oggregote ond $5 million in excess. LOCAL AGENCY sholl provide o certificote of insuronce evidencing this insuronce in o form sotisfoctory to STATE.
22. Bvdget Conlingency. STATE's poyments to LOCAL AGENCY ore contingent upon the Legisloture opproprioting sufficient funds under the Budget Act, the ollocotion of funding by the Cleon Colifornio Stote Beoutificotion Progrom of 2021 os oppropriote, ond the encumbronce of funding to STATE's District Office.
23.Terminotion. This AGREEMENT moy be terminoted by the mutuol written consent of eoch PARTY. STATE moy terminote this AGREEMENT for convenience or for couse upon thirty (30) doy prior written notice to LOCAL I Delete if not self-insured
z Delete if not self-insured; include 2 ond 3 if self-insured ond LA is subcontrocting the work.
Need both o self-insuronce certificotion letler ond insuronce certificote noming Stote os odditionol, covered insured.
Rev. l2l2O21
AGENCY. LOCAL AGENCY moy terminote this AGREEMENT upon thirty (30) doy prior written notice to STATE.
24.lerm of Agreement. This AGREEMENT sholl become effective on the lost of the dotes eoch PARTY's outhorized representotive hos executed this AGREEMENT ond sholl expire on June 30,2024, unless terminoted or omended.
25. Authority. Eoch individuol executing this AGREEMENT on beholf of eoch PARTY represents ond worronts thot he/she is duly outhorized to execute this AGREEMENT os outhorized under Streets ond Highwoys Code Sections I l4 ond .l30. LOCAL AGENCY represents ond certifies thot it hos, through its regulor politicol process, outhorized the execution of this AGREEMENT by oppropriote resolution, delegotion, or plenory outhority os required.
26. Counlerports. This AGREEMENT moy be executed in one or more counterports, eoch of which sholl be deemed on originol, but oll of which together sholl constitute one ond the some document.
27.Elecfionic Signotures. Electronic signotures of the PARTIES, whether digitol or encrypted, ore intended to outhenticote this written AGREEMENT, ond sholl hove the some force ond effect os monuol signotures for this AGREEMENT.
STAIE OF CATIFORNIA
Ihe City of
Tehochopi DEPARIMENT OT IRANSPORTAIION
Doted
Doted
Moyor/Choirmon Deputy District Director
Mointenonce ond
Operotions
District 9
lNrtnrro nNo AppRovro:
Doted
LocolAgency Clerk
IHE tOCAt AGENCY OF
Rev. l2l2O21
EXHIBlT A
202 0.27 West City Limit on SR 2O2lYolley Blvd. to the CLEANCADMA intersection of Volley Blvd./Tucker Rood.
202 1.29 lntersection of Volley Blvd/Tucker Rood to CLEANCADMA End of SR 202lWB onromp to Stote Route 58
Route
No.
Length
Miles
Description of Routing Progrom Code
Rev. l2/2021
EXHIBIT B
BREAKDOWN & IISTING OF MAINTENANCE TASKS
TOTAT MAXII UM AUTHORIZED EXPENDITURES: 536.100
Rte
No
Post
Miles
Litter
per
Bog
(EA)
Lorge
Items
Groffiti
Sq. Ft.
Troffic
Control
Other
(EA)
Moximum Authorized
Expenditures
202 r.55 X X X X X Actual Cost
Clean California SR-202 Litter Removal Cost Estimate
Litter Removal Hours/Week Rate Tota!
Maintenance Worker I
Maintenance Worker I
PW Truck V-25
PW Truck V-17
PW Supervisor
Litter Disposal
6 5
6 6
L
S33.98
s33.s8
s5.30
s7.so
SsG.G3
s203.88
s203.88
s37.80
s4s.00
ss6.63
S3o.oo
Cost Tracking & lnvoicing Hours/Week Rate Total
PW Analyst
Finance Analyst
Deputy PW Director
1 1
0.25 544.73
s49.9s
s87.08
544.73
s49.9s
521.77
Total Weekly Cost = 5693.64
Estimated Number of Litter Bags Removed per Week = 10
Estimated Cost per Litter Bag = 569.36
Estimated Annual Expenditure = $36,069.28
Rev. l2/2021
EXHIBlT C
CITY OF
Live Up. TE HACHAPI
CALIFORNIA
Colfrons District 9
500 S Moin St
Bishop, CA 93514
ATTN: Tereso Erlwein, p,E
Februory 8,2022
Re: Stotement of Self-lnsuronce for CITY of Tehochopi for Cleon Colifornio Mointenonce Agreement No. ag-22-100 with colifornio Deportment of Tronsportotion for the Litter Removol olong sR 202 of Tehochopi, Deor Ms. Erlwein,
lhis letter certifies thot fhe City of Tehochopi is self-insured ond self-funded covering thirdporly cloims orising out of its generol operofions (i.e,; commerciol generol liobility ond outomobile liobilify insuronce). Further, the City is self-insured covering workers' compensotion cloims ond hos received the consent of the Stqte Deportment of lndustriol Relotlons to do so.
Eoch fiscql yeor, os o porl of its budgetory process, the City oppropriotes funds specificolly to sotisfy volid third-porfy cloims ond workers' compensotion cloims, which moy be brought ogoinst the City,
The City certifies its self-insured, generol liobility coveroge for bodily injury ond properly dornogo liobility, ohd'm6€tS fhe reQuirdd cov6roge onioLnts in section 21 (nsuroncb) of the Cleon Colifornio Mointenonce Agreement, specificolly generol liobility insuronce, coveroge of bodily injury ond property domoge liobility in on omount of $1 million per occurrence ond s2 million in oggregote ond $5 million in excess, lf you need ony odditionol informotion regording this letter pleose direct those inquiries through my office
Sincerely,
Homed Jones
Finonce Director, City of Tehochopi
l'15 South Robinson Street I Tehochopi, Colifornio 93561 -1722 (661) 822-2200 I Fox: (661) 822-8559
www.teho c ho pi cityh o I L co m
TEHACHAPI
CALIFORNIA
COUNCIL REPORTS
MEETING DATE: March 7,2022 AGENDA SECTION: PUBLIC WORKS
DEPARTMENT
APPROVED
CITY
TO: HONORABLE MAYOR PHIL SMITH AND COUNCIL MEMBERS
FROM: DON MARSH, PUBLIC WORKS DIRECTOR
DATE: MARCH 2,2022
SUBJECT: AGREEMENT FOR THE DEVELOPMENT OF lWD AND FOG PROGRAMS
BACKGROUND
ln early 2022, City Staff began soliciting various consultants to assist with the development of an lndustrial Waste Discharge (lWD) Control and Fats, Oils and Grease (FOG) Control Program to help reduce conditions that may lead to Sanitary Sewer Overflows (SSOs) and impacts from industrial waste which may negatively impact treatment processes at the Wastewater Treatment Plant (WWTP).
Development and implementation of a FOG Control Program is required under the Statewide General Waste Discharge Requirements for Wastewater Collection Agencies, Order No. 2006- 0003-DWQ, and is discussed in Element 7 of the City's Sewer System Management Plan (SSMP). The City's history of SSOs between 2010 and 2021 identifies FOG as a contributing factor for SOYo of these SSOs.
The development of an IWD Program is also anticipated as a pending regulatory requirement associated with WWTP WDRs: General Waste Discharge Requirements Order No. R3-2020- 0020. Development of the IWD Program will begin the framework for meeting this anticipated regulatory requirement and also assist in the protection of the City WWTP from illicit discharges from industrial facilities.
FISCAL !MPACT
This project was included in the budget for FY 2L/22which was approved by City Council on June 2L,2O2L. The total cost of the project is 549,753
It was determined by City Staff that due to the complexity and technical nature of this work, creating and soliciting a full RFP or RFQ would not be sufficient to capture the goal of this project. City staff interviewed multiple consultants that specialize in this field, and it was determined that the Wallace Group was the clear candidate for the City of Tehachapi.
RECOMMENDATION
Approve the agreement between the City of Tehachapi and the Wallace Group and authorize the Mayor to sign the agreement.
February 2,2022
Tyter Napier
City of Tehachapi
800 Enterprise Way
Tehachapi, CA 93561
Subject: City of Tehachapi IWD & FOG Control Program Assistance Mr. Napier:
Wattace Group appreciates the opportunity to provide you with our proposal for lndustria[ Waste Discharge (lWD) & FOG Control Program Assistance for the above referenced project.
Based on our discussion the fottowing Scope of Services has been prepared for your consideration:
PROJECT UNDERSTANDING
The City has requested assistance with the development of an lndustrial Waste Discharge (lWD) Controt and Fats, Oits and Grease (FOG) Contro[ Program to help reduce conditions that may lead to Sanitary Sewer Overftows (SSOs) and impacts from industrial waste which may negatively impact treatment processes at the Wastewater Treatment Plant (WWTP).
Devetopment and imptementation of a FOG Control Program is required under the Statewide Genera[ Waste Discharge Requirements for Wastewater Cotlection Agencies, Order No. 2005- 0003-DWQ and is discussed in Etement 7 of the City's Sewer System Management Ptan (SSMP). The City's history of SSOs between 2010 and 2021 identifies FOG as a contributing factor for 5fi6 of these SSOs.
The devetopment of an IWD Program is also anticipated as a pending regulatory requirement associated with WWTP WDRs: General Waste Discharge Requirements Order No. R3-2020- 0020. Development of the IWD Program witt begin the framework for meeting this anticipated regutatory requirement and also assist in the protection of the City WWTP from itticit discharges form industrial facitities.
The City has taken initial steps to identify program requirements for the devetopment and imptementation of a FOG Control Ptan and has started the process of identifying lndustrial Facilities for inclusion in a ptanned IWD Program. The fotlowing scope of work is proposed to create a formal plan for imptementation.
SCOPE OF SERVICES
The proposed Scope of Services wi[[ assist the City of Tehachapi (City) with the devetopment and implementation of an lndustrial Waste Discharge Program and Fats Oits and Grease (FOG) Management Program consisting of:
1. Phase I Devetopment of an lndustrial Waste Discharge (lWD) Program 2. FOG Program Devetopment
3. FOG Standard Conditions Devetopment and Municipat Code Language 4. Devetopment of FOG Control Device Guidance Documents for new and existing dischargers
5. Development of IWD & FOG Pubtic Outreach and Education Materials 6. Initial Program Technical Training for City staff: FOG Program Administration and lnspection
WALIACE GROUP..,
CIVIL AND
TRANSPORTATION
ENGINEERING
CO NSTRUCTION
MANAG E M ENT
LANDSCAPE
ARCHITECTURE
MICHANICAL
ENGINEERING
PLANNING
SURVEYING /
GIS SOLUTIONS
WATER RESOURCES
WALLACE GROUP
A California Corporat'on
PUBLIC WORKS
ADMINISTRATION
612 CLARION CT
SAN LUIS OBISPO
CALIFORNIA 9340I
T 805 544-401 I
F 805 544-4294
www.wallacegroup.us
PP22-7464
City of Tehachapi
February 2,2022
Waltace Group proposes to provide the City with FOG and IWD Control Program Services through the foltowing tasks described below.
Task 1: Project Management
This task includes coordination of project activities, including scheduting and budget controls, ctient coordination, quality control, and other retated project management activities. Watlace Group witl conduct an initial Kick-Off Meeting to discuss City objectives and Waltace Group's ptanned approach for devetopment of the FOG & IWD Control Programs.
Task 2: Development of an lndustrialWaste Discharge Control Program Waltace Group witl assist the City in the initiat development of and lndustrial Waste Discharge Control Program with the fottowing objectives:
. Development of a General lndustrial Waste Discharge (lWD) Control Program Summary
. Development of and IWD Program Application and Permit Temptates for Dischargers and for facitities that may hotd and haul process wastewater in lieu of pretreatment and discharge
. Devetopment of outreach and Education Materiats retating to the IWD Control Program
. Assist the City to identify IWD facitities and create a IWD database for future program implementation.
. Application lntake and Review to initiate ctassification of facitities r lnitial Site Visits to IWD Facitities (anticipates ten (10) facitities in a two (2) consecutive day period
. Miscetlaneous IWD Program Support: Watlace Group witt provide up to six (6) hours of miscetlaneous program support for the IWD Control Program as needed or requested by the City.
Based on current information and the status of the City's current IWD Program, Wallace Group recommends conducting a phased approach to the devetopment and implementation of this program. Once the initiat phase of the IWD Program is devetoped as described above, it witt hetp to inform the scoping and development of a secondary phase of the IWD Program which would include ctassification of facitities, wastewater characterization, permitting and inspection. A separate scope and budget witt be devetoped for Phase ll devetopment and imptementation of the IWD Program as requested by the City.
Task 3: Update to City FOG Control Program Standard Conditions and Municipal Code Language
Watlace Group witl work with City staff to devetop FOG Program Standard Conditions and provide recommended language for updates to the City's Municipat Code specific to the ptanned Fats, Oits and Grease Control Program. Standard Conditions and Updates wit[ address:
. Legal Authority
. General Program requirements and Prohibitions
. FOG Program Permitting and permit conditions
. Non-compliant conditions, notices of viotation and required corrective actions . Monetary Penatties for Notices of Viotation
. City Cost Recovery for Sanitary Sewer Overftows (SSOs) tinked to facility noncompliance . lnspectionProvisions
. Record keeping, maintenance and BMP requirements
WAIIACE CROUPo
PP22-7464
City of Tehachapi
February 2,2022
a FOG Control Device and Facitity Requirements
WALIACE CROUPo Waltace Group wi[[ attend (2) two .75-hour teleconference meetings with the City to review comments on drafts to the new Municipal Code section pertaining to FOG Control. A 3'd teteconference is also included in this proposal to comptete a final version of the Standard Conditions & Municipal Code based on any feedback from City Council.
Deliverables:
. Draft Standard Conditions and Municipat Code language document PDF and Word (etectronic)
. Final Standard Conditions and Municipat Code language Municipal Code document PDF (etectronic)
Task 4: Permitting Program
Waltace Group wiltwork with the City to devetop FOG Control Program Apptication and Permit based on the requirements outlined in the Standard Conditions and Municipal Code.
To make sure that the finat permit program meets the City's needs, Waltace Group witl plan for (2) two .75-hour teleconference meetings with City staff. The purpose of the initiat meeting witt be to confirm the permitting program approach. The purpose of the second meeting witt be to discuss and review final draft of the Permitting Program and FOG Permit.
Deliverables:
. Draft FOG Permit Application and Permit Template PDF and Word (electronic) . Final FOG Permit Apptication and Permit Template documents PDF (etectronic) Task 5: FOG Control Device Guidance Documents
Watlace Group witt work with the City to devetop minimum standards for the instatlation of grease traps and interceptors for City FSEs. Standards witl be referenced in the City's updated FOG Municipal Code. A guidance document will atso be devetoped for FOG Program appticants to assist them in meeting the City's source control objectives.
Deliverables:
o Draft FOG Control Device Guidance Documents PDF and Word (electronic) . Final FOG Controt Device Guidance Documents PDF (etectronic) Task 6: FOG Program Development
The Program Devetopment Task witl consist of the foltowing:
. Development of a Genera[ FOG Controt Program Summary
o Development of FOG Program Standard Conditions that identify the specifics of the City's FOG Control Program with links to City Municipal Code as appticabte . Devetopment of FOG lnspection Forms
r Devetopment of a FOG Control lnspection Standard Operating Procedure for use by City staff
Deliverables:
. Draft FOG Control Program documents listed above PDF and Word (etectronic) . Final FOG Control Program documents listed above PDF (etectronic) Task 7: Development of Outreach and Education ilaterials PP22-7464
City of Tehachapi
February 2,2027
Waltace Group witt work with City staff to devetop the fottowing FOG Education and Outreach Materials, utilizing Waltace Group temptates:
. Devetopment of residentiat BMP ftyers (Engtish/Spanish) o FOG Program Flyer for FSEs (Engtish/Spanish)
. Devetopment of FOG Program Letter for FSEs introducing the City's new FOG Management and lnspection Program (Engtish/Spanish)
. FOG Hauler and FSE maintenance forms to track maintenance of FOG control devices
Deliverables:
r Draft FOG Controt Program Outreach documents listed above PDF and Word (etectronic)
o Final FOG Controt Program Outreach documents listed above PDF (etectronic) Task 8: TechnicalTraining: FOG Program Administration and lnspection Training is anticipated to be conducted over the course of two (consecutive) days.
FOG Proqram Manasement
Watlace Group wil[ provide one 2-hour training of City staff on the administration City's new FOG Controt Program in the fottowing areas:
o Adopted City FOG Contro[ Ordinance and enforcement
. Outreach materials and recommended schedutes for imptementation . FOG Permit apptication, permit and inspection management . lmptementation of standard specifications
FOG lnspection Trainine
Training for FOG lnspections wi[[ consist of (2) two 4-hour ctass and field trainings. Training wit[ cover the fotlowing:
. Physicat inspection (and reinspection) of facitities, o Customer retations during inspections
. Use of FOG lnspection forms and Permits
. ltems to be aware of during and inspection
. Proper grease contro[ device (GCD) operation and maintenance . Appropriate records and records retention
. ldentification of emulsifiers and chemicats
. lmptementation of FOG Control BMPs
o Measurements of grease and solids levels
o ldentification of proper ptumbing connections
. Photographs of deficient conditions
. Yeltow grease storage and records for disposal
. Leaking bins and dumpsters
. lllicit connections
. Outdoor cteaning of mats or equipment
TO BE PROVIDED BY THE CLIENT
. Confirmation of FSEs to be inspected within City Service Area . Existing City Draft FOG Program lnformation (Word Documents) WAIIACE GROUPo
PP22-7464
City of Tehachapi
February 2,2022
Task 9: lrtiscellaneous Program Support
Watlace Group witt provide up to eight (8) hours of miscetlaneous program support for the FOG Control Program as needed or requested by the City.
ITEMS NOT INCLUDED IN SCOPE OF SERVICES
The fottowing services may also benefit your project. Waltace Group can provide these seryices, directty or through sub-consuttants, however, they are not inctuded in the current Scope of Services or estimate of fees:
o Management and lmptementation of City FOG Control Program o Management and lmptementation of City lndustria[ Waste Discharge Control Program o Services include Annual or Semi-Annual lnspection and re-inspection of City Food Service Establishments.
. Updates to City Municipal Code (lndustrial Waste)
. Additional meetings with City
. Participation in City CounciI Meetings
r Updates or revisions to the City SSMP
r FOG and IWD Program Webpage assistance
PROJECT FEES
The project fees are shown atlocated by task to indicate our expected distribution of work.
However, the task fee altocations are not individual contract limits.
Wallace Group witl perform the services denoted in Tasks 1 - 9 of the proposed Scope of Services on a time and materials basis. For budgeting purposes, our preliminary estimate is that our fees will be 549,753 to develop and assist with imptementation of the City's IWD & FOG Control Program as identified in Table 1 below. These services witt be invoiced monthly on an accrued basis in accordance with the attached Schedule of Fees (Exhibit A).
Reimbursables are included in the time and materiats estimated fee amount stated above.
The following tabte outlines proposed costs associated with each task:
Table 1:
Description Projected
Cost
Task 1: Project Management & Meetings s3460
Task 2: IWD Program Devetopment 522,317
Task 3: Update City FOG Control Program Standard Conditions and MunicipaI Code Language 54,498
Task 4: FOG Permitting Program s2,769
Task 5: FOG Control Guidance Documents s,l,038
Task 6: FOG Program & Database Devetopment 55,536
Task 7: FOG Outreach and Education Materials s2,076
Task 8: FOG Technical Training 56,574
Task 9: Miscellaneous Program Support s1,384
Reimbursabtes s1 ,1 40
TOTAL s49,753
WALIACE GROUPo
PP22-7464
City of Tehachapi
Feyuary 2,2022
These services will be invoiced monthty on an accrued basis in accordance with the attached Schedute of Fees (Exhibit A). Reimbursables are included in the time and materials estimated fee amount stated above.
At your request, additional services to the Scope of Services wilt be performed by Wallace Group fottowing the signature of our Contract Amendment or the initiation of a new contract.
TERAAS AND CONDITIONS
ln order to convey a clear understanding of the matters retated to our mutual responsibitities regarding this proposat, the attached Standard Terms and Conditions (Exhibit B) are considered a part of our proposal agreement. lf this proposal meets with your approvat, ptease sign where indicated and return to our office, which will serve as our notice-to-proceed.
We want to thank you for this opportunity to present our proposal for professional services. lf you would tike to discuss this proposal in greater detait, ptease feel free to contact me.
Sincerely,
WALIACE GROUP, A California Corporation TERI S AND CONDITIONS ACCEPTED:
WAIIACE GROUPo,
4,,,,-
eitF6itahan
Senior Environmental Compliance Specialist
612 Clarion Court
San Luis Obispo
Catifornia 932101
T 805 544-4011
F 805 544-4294
www.watlacegroup. us
Attachments
cgi PP27-7464,2021
Exhibit A
Signature
Printed Name
Titte
Date
THIS PROPOSAL IS VALID FOR 60 DAYS FROM THE DATE OF THIS DOCUMENT Exhibit A
Standard Billing Rates
Public Works Administration Services:
Project Analyst I - |V.......... 5112 - 5142
5147 - 5157
5163 - 5173
Senior Project Anatyst I - lll
Senior Environmental Comptiance Specialist I - 111..............
Support Services:
Office Assistant....
Project Assistant I - lll
Additional Professional Services:
Fees for expert witness preparation, testimony, court appearances, or depositions wit[ be bitted at the rate of 5300 an hour. lf required to meet schedute requests, overtime on a project witt be bitted at 1.5 times the emptoyee's typical hourly rate.
Direct Expenses:
Direct expenses wi[[ be invoiced to the ctient and a handting charge of 15% may be added. Sampte direct expenses inctude, but are not limited to the fottowing:
o travel expenses . sub-consuttant services . agency fees o delivery/copy services . mileage (per IRS rates) . other direct expenses lnvoicing and lnterest Charges:
lnvoices are submitted monthly on an accrued cost basis. A finance charge of 1.5% per month may be assessed on atl batances that are thirty days past due.
Right to Revisions:
Watlace Group reserves the right to revise our standard bitting rates on an annual basis, personnel ctassifications may be added as necessary.
'Prevailing Wage:
State established prevailing wage rates will appty to some services based on state [aw, prevaiting wage rates are subject to change.
WALIACE GROUP
2021 Standard Billing Rates Amended 2O21-O5-O7
WALTACE CROUP..
5 5 51 7
94 97
Exhibit B
Standard Terms and Conditions
Wallace Group Proposal No. PP22-7464
Contract Agreement Date:
CLIENT: City of Tehachapi
800 Enterprise Way, Tehachapi, Catifornia 9356'l
CONSULTANT: WI\LIACE GROUP, A CALIFORNIA CORPORATION
612 Ctarion Court, San Luis Obispo, Catifornia 93401
CLIENT and CONSULTANT agree that these Standard Terms and Conditions, comprised of pages 1 through 6, and the associated written Scope of Services and budget constitute the entire Agreement between the CLIENT and the CONSULTANT.
It supersedes att prior communications, understandings and agreements, whether oral or written. Amendments to this Agreement must be in writing and signed by both the CLIENT and the CONSULTANT.
ARTICLE 1. GENERAL PROVISIONS
1.1 Preomble
This Agreement is based upon a mutuat obtigation of good faith and fair deating between the parties in its performance and enforcement. Accordingly, the CLIENT and the CONSULTANT, with a positive commitment to honesty and integrity, agree to the foltowing:
That each will function within the laws and statutes that appty to its duties and responsibitities; that each witt assist in the other's performance; that each witt avoid hindering the other's performance; that each will work ditigentty to futfitt its obtigations; and each wil[ cooperate in the common endeavor of the contract.
1.2 Governinq Law and Jurisdiction
The CLIENT and the CONSULTANT agree that this Agreement and any legal actions concerning its vatidity, interpretation and performance shatt be governed by the laws of the State of Catifornia. lt is further agreed that any legat action between the CLIENT and the CONSULTANT arising out of this Agreement or the performance of the seMces shatt be brought in a court of competent jurisdiction in San Luis Obispo, California.
I -3 Precedence of Conditions
Shoutd any conflict exist between the terms herein and the form of any purchase order or confirmation issued, the Terms and Conditions herein sha[[ prevail in the absence of CONSULTANT'S express written consent of others conditions.
1.4 Standard of Core
ln providing seMces under this Agreement, the CONSULTANT wilt endeavor to perform said services in a manner consistent with that degree of care and skilt ordinarity exercised by members of the same profession currently practicing under similar circumstances.
1.5 Coroorate Protection
It is intended by the parties to this Agreement that the CONSULTANT'S services in connection with the Project shatl not subject the CONSULTANT'S individual employees, officers or directors to any personat tegat exposure for the risk associated with this Project. Therefore, and notwithstanding anything to the contrary contained herein, the CLIENT agrees that as the CLIENT'S sole and exclusive remedy, any claim, demand or suit sha[[ be directed andlor asserted only against the CONSULTANT, a California corporation, and not against any of the CONSULTANT'S individual employees, officers or directors.
1.6 Confidentialitv
The CONSULTANT agrees to keep confidential and not to disclose to any person or entity, other than the CONSULTANT'S employees, Subconsultants and the genera[ Contractor and Subcontractors, if appropriate, any data or information not previously known to and generated by the CONSULTANT or furnished to the CONSULTANT and marked CONFIDENTIAL by the CLIENT. These provisions shall not appty to information in whatever form that is in the pubtic domain, nor shall it restrict the CONSULTANT from giving notices required by taw or comptying with an order to provide information or data when such order is issued by a court, administrative agenry or other legitimate authority, or if disclosure is reasonably necessary for the CONSULTANT to defend itsetf from any tegat action or ctaim.
I .7 Thi rd-Partv Beneficia ries
Nothing contained in this Agreement shall create a contractuat retationship with or a cause of action in favor of a third party against either the CLIENT or the CONSULTANT. The CONSULTANT'S services under this Agreement are being performed sotety for the CLIENT'S benefit, and no other party or entity shatl have any claim against the CONSULTANT because of this Agreement or the performance or nonperformance of services hereunder. The CLIENT and CONSULTANT agree to require a simitar provision in att contracts with Contractors, Subcontractors, Subconsultants, vendors and other entities involved in this Project to carry out the intent of this provision.
WALTACE CROUP Page 1 of 6
1.8 Timeliness of Performance
The CLIENT and CONSULTANT are aware that many factors outside the CONSULTANT'S control may affect the CONSULTANT'S abitity to complete the services to be provided under this Agreement. The CONSULTANT witt perform these seMces with reasonable ditigence and expediency consistent with sound professional practices.
1.9 ftverabilitv
Any term or provision of this Agreement found to be invalid under any appticabte statute or rule of taw sha[[ be deemed omitted and the remainder of this Agreement shalt remain in futl force and effect.
1.10 *trvival
Notwithstanding completion or termination of this Agreement for any reason, att rights, duties and obligations of the parties to this Agreement shatl survive such completion or termination and remain in futl force and effect untit fulfilted.
1.1 I Statutes of Repose and Limitotion
Att tegat causes of action between the parties to this Agreement shall accrue and any appticabte statutes of repose or limitation shatt begin to run not later than the date of Substantial Completion. lf the act or failure to act complained of occurs after the date of Substantial Completion, then the date of final comptetion shall be used, but in no event shall any statute of repose or limitation begin to run any later than the date the CONSULTANT'S services are compteted or terminated.
I -12 Defects in Service
The CLIENT shatt promptty report to the CONSULTANT any defects or suspected defects in the CONSULTANT'S services of which the CLIENT becomes aware, so that the CONSULTANT may take measures to minimize the consequences of such a defect. The CLIENT further agrees to impose a similar notification requirement on all Contractors in its CLIENT/Contractor contract and shall require all subcontracts at any level to contain a like requirement. Failure by the CLIENT and the CLIENT'S Contractors or Subcontractors to notify the CONSULTANT shatt retieve the CONSULTANT of the costs or remedying the defects above the sum such remedy would have cost had prompt notification been given when such defects were first discovered. l.l3 Jobsite Sofetv
Neither the professional activities of the CONSULTANT, nor the presence of the CONSULTANT or its employees or Subconsuttants at a construction/project site, shatt relieve the General Contractor of its obtigations, duties and responsibitities including, but not timited to, constructions means, methods, sequence, techniques or procedures necessary for performing, superintending and coordinating the Work in accordance with contract documents and any heatth or safety precautions required by any regulatory agencies. The CONSULTANT and its personnel have no authority to exercise any controt over any construction Contractor or its emptoyees in connection with their work or any health or safety programs or procedures. The CLIENT agrees that the Generat Contractor shalt be solety responsibte for jobsite safety, and warrants that this intent shatt be carried out in the CLIENT'S contract with the General Contractor. The CLIENT also agrees that the CLIENT, the CONSULTANT and the CONSULTANT'S Subconsuttants sha[[ be indemnified by the General Contractor and shatt be made additionat insured under the Generat Contractor's poticies of general liabitity insurance.
I . I 4 Assiqnment : Snbcontractinc
Neither CLIENT nor CONSULTANT shatt assign its interest in this agreement without the written consent of the other.
CONSULTANT may not subcontract any portion of the work to be performed hereunder without such consent.
1.15 Force illaieure
Any detay or defautt in the performance of any obligation of CONSULTANT under this agreement resulting from any cause(s) beyond CONSULTANT'S reasonable control shat[ not be deemed a breach of this agreement. The occurrence of any such event shall suspend the obtigations of CONSULTANT as tong as performance is detayed or prevented thereby, and the fees due hereunder shatt be equitabty adjusted.
1.16 Disputes
(a) Not withstanding any other provision of this Agreement and except for the provisions of (b) and (c), if a dispute arises regarding CONSULTANT'S fees pursuant to this contract, and if the fee dispute cannot be settted by discussions between CLIENT and CONSULTANT, both the CLIENT and CONSULTANT agree to attempt to settte the fee dispute by mediation through the American Arbitration Association (or other mediation service) before recourse to arbitration. lf mediation does not resotve the fee dispute, such dispute shalt be settled by binding arbitration in accordance with the Construction lndustry Arbitration Rules of the American Arbitration Association, and judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof.
(b) Subdivision (a) does not preclude or limit CONSULTANT'S right to etect to fite an action for collection of fees if the amount in dispute is within the jurisdiction of the small ctaims court. (c) Subdivision (a) does not preclude or [imit CONSULTANT'5 right to elect to perfect or enforce appticabte mechanics tien remedies.
1.17 Attornevs' Fees
ln the event of any titigation arising from or retated to this Agreement or the services provided under this Agreement, the prevailing party shatt be entitted to recover from the non-prevailing party att reasonabte costs incurred, including staff time, court costs, attorneys' fees and att other related expenses in such litigation.
WALTACE CROUP Page 2 of 6
1.18 Services bv CLIENT
CLIENT shall pay all other charges not specifically covered by the terms of this agreement, unless specificatty included in the Scope of SeMces. The CLIENT shall furnish, at the CLIENT'S expense, all information required by this Agreement. The CONSULTANT may use such information, requirements, reports, data, surveys and instructions in performing its services and is entitted to rely upon the accuracy and completeness thereof. l.l9 Retention
lf any portion of CONSULTANT'S fee is hetd in retention, such amount shatt be reteased within thirty days after invoicing for comptetion of corresponding seMces. lnterest shalt be paid at the rate of I .5% per month on any retention amounts not paid within this thirty-day period.
ARTICLE 2. DEFINITIONS
2.1 Burdened Lobor Costs
Burdened tabor costs shown on the Standard Bilting Rates include payrott taxes, worker's compensation insurance, and other overhead costs applicabte to the typicat standard of care.
2.2 Direct Expenses
Expenditures made by the CONSULTANT, its emptoyees or its Subconsultants in the interest of the Project. Appticabte reimbursable direct expenses are defined on the Standard Bitting Rates.
ARTICLE 3. COAAPENSATION
3.1 Pavment Due
lnvoices shatt be submitted by the CONSULTANT monthly, are due upon presentation and shatt be considered past due if not paid in futt within thirty (30) days of the invoice date.
3.2 lnterest
lf payment in futt is not received by the CONSULTANT within thirty (30) calendar days of the invoice date, the invoices shatl bear interest at one-and-one-hatf (1.5) percent (or the maximum rate allowable by [aw, whichever is tess) of the past due amount per month, which shatt be catculated from the invoice due date. Payment thereafter shatt first be apptied to accrued interest and then to the unpaid principat.
3.3 Collection Costs
lf the CLIENT fails to make payments when due and the CONSULTANT incurs any costs in order to coltect overdue sums from the CLIENT, the CLIENT agrees that all such cottection costs incurred shatt immediatety become due and payabte to the CONSULTANT. Coltection costs sha[[ include, without limitation, legal fees, coltection agency fees and expenses, court costs, cotlection bonds and reasonable CONSULTANT staff costs at Standard Bitting Rates for the CONSULTANT'S time spent in efforts to coltect. This obtigation of the CLIENT to pay the CONSULTANT'S collection costs shatl survive the term of this Agreement or any eartier termination by either party.
3.4 Termination or 1tsoension of Services
This agreement may be terminated or suspended by either party effective seven (7) days from the date of written notice, or if the CLIENT suspends the work for three (3) months. Upon receipt of a notice of termination or suspension, CONSULTANT witt stop or suspend its work and provide same direction for the work of all its Subcontractors and supptiers. Failure of CLIENT to make payments when due shatl be cause for suspension of seMces or ultimately, termination, unless and until CONSULTANT has been paid in futl all amounts due for seryices, expenses and other approved retated charges. CONSULTANT sha[[ have no tiabitity whatsoever to the CLIENT for any costs or damages as a result of such suspension or termination caused by any breach of this Agreement by the CLIENT. Upon payment-in-futt by the CLIENT, CONSULTANT shall resume services under this Agreement, and the time schedute and compensation shall be equitabty adjusted to compensate for the period of suspension ptus any reasonable time and expense necessary for the CONSULTANT to resume performance.
3.5 Retention Discounts
Payment of invoices sha[[ not be subject to any discounts or retention by the CLIENT, unless agreed to in writing by the CONSULTANT. Payment to the CONSULTANT for services rendered and expenses incurred shatt be due and payabte regardless of any subsequent suspension or termination of this Agreement by either party.
3.6 futisfaction with Services
Payment of any invoice by the CLIENT to the CONSULTANT shatl be taken to mean that the CLIENT is satisfied with the CONSULTANT'S services to the date of payment and is not aware of any deficiencies in those services.
3.7 Disputed lnvoices
lf the CLIENT objects to any portion of any invoice, the CLIENT shatl so notify the CONSULTANT in writing within ten (10) days of receipt of the invoice. The CLIENT shatt identify in writing the specific cause of the disagreement and the amount in dispute and shalt pay that portion of the invoice not in dispute in accordance with the other payment terms of this Agreement. Any dispute over invoiced amounts due which cannot be resolved within thirty (30) catendar days after presentation of invoice by direct negotiation between the parties shatl, be resotved within forty-five (45) catendar days in WALTACE GROUP Page 3 of 6
accordance with the Dispute Resotution provision of this Agreement. lnterest as stated above shall be paid by the CLIENT on att disputed invoice amounts that are subsequently resolved in the CONSULTANT'S favor and shalt be calculated on the unpaid balance from the invoice date.
3.8 Pavments to the CONSULTANT
Payments to the CONSULTANT shatt not be withhetd, postponed or made contingent on the construction, completion or success of the project or upon receipt by the CLIENT of offsetting reimbursement or credit from other parties who may have caused additional services or expenses. No withhotdings, deductions or offsets shatl be made from the CONSULTANT'S compensation for any reason untess the CONSULTANT has been found to be tegatty liabte for such amounts.
3.9 Advonce Povment: Withholding Work Product
CONSULTANT reseryes the right to require payment in advance for work estimated to be done during a given bitting period.
CONSULTANT, without any tiabitity to CLIENT, reseryes the right to withhotd any services and work products herein contemplated pending payment of CLIENT'S outstanding indebtedness or advance payment as required by CONSULTANT.
Where work is performed on a reimbursable basis, budget may be increased by amendment to comptete the Scope of Services. CONSULTANT is not obtigated to provide services in excess of the authorized budget.
ARTICLE 4. SERVICES, ADDITIONAL SERVICES, AND AIAENDMENTS
4.1 Definitions
Services and work products not expressty inctuded with those specified in this agreement, as determined by CONSULTANT, are not covered by this agreement. Such services and work products witt be provided only upon comptiance with the procedures set forth in Article 4.5 of this Agreement.
1.2 krvices Durine Construction
Any construction inspection or testing provided by CONSULTANT is for the purpose of determining the Contractor's compliance with the functional provisions of the project specifications onty. CONSULTANT in no way guarantees or insures Contractor's work nor assumes responsibitity for methods or appliances used by the Contractor for job site safety or for Contractor's compliance with laws and regulations. CLIENT agrees that in accordance with generatly accepted construction practices the construction Contractor wilt be required to assume sote and complete responsibitity for job site conditions during the course of construction of the project inctuding safety of a[[ persons and property and that this responsibility shatt be continuous and not be limited to normat working hours.
1.3 Soil Testins
CONSULTANT makes no representations concerning soil conditions, and is not responsibte for any tiabitity that may arise out of the making or failure to make soil surveys, or sub-surface soil tests, or generat soil testing. lt is the CLIENT'S responsibitity to obtain a soils report upon which report CONSULTANT can rety.
1.1 Ooinion of Probable Construction Costs
ln providing opinions of probable construction cost, the CLIENT understands that the CONSULTANT has no control over cost or avail,abitity of [abor, equipment or materials, or over market conditions or the Contractor's method of pricing, and that the CONSULTANT'S opinions of probable construction costs are made on the basis of the CONSULTANT'S professionat judgment and experience. CONSULTANT makes no warranty, express or implied, that bids or negotiated cost of the Work will not vary from the CONSULTANT'S opinion of probabte construction cost.
1. 5 Additionol Services
Additionat seMces or work products requiring an adjustment of CONSULTANT'S originat estimated budget or fixed fee witl be provided at CLIENT'S request upon execution of a written amendment to this agreement expressly referring to the same and signed by both parties.
ARTICLE 5. TERIAINATION OF AGREETAENT
5.1 Due to Defoult
This agreement may be terminated by either party upon seven (7) days written notice should the other party fait to substantially perform in accordance with this agreement through no fautt of the party initiating the termination.
5.2 Without Couse
This agreement may be terminated by CLIENT upon at least fourteen (14) days written notice to CONSULTANT in the event that the project is abandoned.
5. 3 Terminotion Adiustment: Povment
lf this agreement is terminated through no fault of the CONSULTANT, CONSULTANT shatt be paid for services performed and costs incurred to the termination notice date, including reimbursabte expenses due, plus an additionat amount not to exceed ten percent (10%) of charges incurred to the termination notice date to cover services to orderty close the work and prepare project fites and documentation, plus any additionaI direct expenses incurred by CONSULTANT inctuding but timited to cancetlation fees or charges. CONSULTANT wi[[ use reasonable efforts to minimize such additional charges.
WALTACE CROUP Page 4 of 6
ARTICLE 6. LIi ITATION OF LIABILITY: WAIVER: WARRANW
6.1 Limitation of Liobilitv
ln recognition of the retative risks and benefits of the project to both the CLIENT and the CONSULTANT, the risks have been altocated such that the CLIENT agrees, to the futlest extent permitted by [aw, to timit the tiabitity of the CONSULTANT to the CLIENT for any and a[] ctaims, losses, costs, damages of any nature whatsoever or claims expenses from any cause or causes, including attorneys' fees and costs and expert-witness fees and costs, so that the total aggregate tiabitity of the CONSULTANT to the CLIENT shall not exceed 550,000.00, or the CONSULTANT'S total fee for services rendered on this project, whichever is greater. lt is intended that this limitation appty to any and att tiabitity or cause of action however atteged or arising, untess otherwise prohibited by taw.
6.2 Controctor and 9bcontractor Claims
The CLIENT further agrees, to the fullest extent permitted by law, to limit the tiability of the CONSULTANT and the CONSULTANT's officers, directors, partners, emptoyees and Subconsultants to a[[ construction Contractors and Subcontractors on the Project for any and all ctaims, losses, damages of any nature whatsoever or claims expenses from any cause or causes, inctuding attorneys' fees and costs and expert witness fees and costs, so that the tota[ aggregate tiabitity of the CONSULTANT and the CONSULTANT's Subconsuttants to att those named shatl not exceed 550,000.00, or the CONSULTANT's total fee for services rendered on this Project, whichever is greater. lt is intended that this limitation appty to any and att tiabitity or cause of action however alleged or arising, unless otherwise prohibited by taw.
6.3 Warrontv
CONSULTANT makes no warranty, either express or implied, as to CONSULTANT'S findings, recommendations, specifications, or professional advice, except that the work was performed pursuant to generally accepted standards of practice in effect at the time of performance.
lf, during the term of this Agreement, circumstances or conditions that were not originalty contemplated by or known to the CONSULTANT are revealed, to the extent that they affect the Scope of Services, compensation, schedule, allocation of risks or other materiaI terms of this Agreement, the CONSULTANT may call for renegotiation of appropriate portions of this Agreement. The CONSULTANT shatt notify the CLIENT of the changed conditions necessitating renegotiation, and the CONSULTANT and the CLIENT shatt promptty and in good faith enter into renegotiations of this Agreement to address the changed conditions. lf terms cannot be agreed to, the parties agree that either party has the absolute right to terminate this Agreement, in accordance with the Termination Provision hereof. lf the Scope of Services pursuant to this agreement does not include on-site construction review, construction management, or other construction supervision for this project, or if subsequent to this agreement CLIENT retains other persons or entities to provide such services, CLIENT acknowledges that such services witt be performed by others and CLIENT will defend, indemnify and hold CONSULTANT harmless from any and all claims arising from or resulting from the performance of such services by other persons or entities except ctaims caused by the sole negligence or wiltful misconduct of CONSULTANT; and from any and all claims arising from or resulting from clarifications, adjustments, modifications, discrepancies or other changes necessary to reflect changed fietd or other conditions, except claims caused by the sole negligence or wiltful misconduct of CONSULTANT.
6.1 lnterpretation
Limitations on liability, waivers and indemnities in this Agreement are business understandings between the parties and shalt appty to alt tegat theories of recovery, inctuding breach of contract or warranty, breach of fiduciary responsibitity, tort (including negtigence), strict or statutory tiabitity, or any other cause of action, provided that these [imitations on tiabitity, waivers and indemnities wilt not appty to any losses or damages that may be found by a trier of fact to have been caused by the CONSULTANT'5 sote or gross negligence or the CONSULTANT'5 witlfut misconduct. The parties atso agree that the CLIENT wit[ not seek damages in excess of the contractuatty agreed-upon timitations directty or indirectly through suites against other parties who may join the CONSULTANT as a third-party defendant. "Parties" means the CLIENT and the CONSULTANT, and their officers, directors, partners, employees, Subcontractors and Subconsultants.
6.5 Delavs
The CLIENT agrees that the CONSULTANT is not responsible for damages arising directty or indirectty from any detays for causes beyond the CONSULTANT'S contro[. For purposes of this Agreement, such causes include, but are not limited to, strikes or other labor disputes; severe weather disruptions or other natural disasters; fires, riots, war or other emergencies or acts of God; faiture of any government agency to act in a timely manner; faiture of performance by the CLIENT of the CLIENT'S Contractors or CONSULTANT'5; or discovery of any hazardous substances or differing site conditions.
ARTICLE 7. HAZARDOUS WASTE I,IATERIALS
7.1 Liabilitv
CONSULTANT hereby states and CLIENT hereby acknowledges that CONSULTANT has no professionat liabitity insurance for claims arising out of the performance of or faiture to perform professional services, including, but not timited to the preparation of reports, designs, drawings and specifications, related to the investigation, detection, abatement, reptacement, use or specification, or removal of products, materials or processes containing substances inctuding, but not timited to asbestos, toxic or hazardous waste, PCBs, combustible gases and materials, petroteum or radioactive materiats (as each of these is defined in appticabte federal statues) or any other substances under any conditions and in such quantities as WALIACE GROUP Page 5 of 6
would pose a substantial danger to persons or property exposed to such substances at or near the Project site. Accordingly, the CLIENT hereby agrees to bring no claim for negligence, breach of contract indemnity or otherwise against the CONSULTANT, its principals, employees, and agents if such claim, in any way, would involve the CONSULTANT'S services for the investigation, detection, abatement, replacement, use or specification, or removal of products, materiats or processes containing asbestos, asbestos cement pipe, and/or hazardous waste materiats. CLIENT further agrees to defend, indemnify and hotd harmless CONSULTANT, its officers, directors, principals, employees and agents from any asbestos andlor hazardous waste material retated claims that may be brought by third parties as a result of the services provided by the CONSULTANT pursuant to this agreement except claims caused by the sote negligence or wittfut misconduct of the CONSULTANT.
ARTICLE 8. OWNERSHIP AND REUSE OF DOCUAAENTS
8. I CONSULT ANT Ownershi o
Att originat papers, documents, drawings, electronic media and other work product of CONSULTANT, and copies thereof, produced by CONSULTANT pursuant to this agreement shalt remain the property of CONSULTANT and may be used by CONSULTANT without the consent of CLIENT. Upon request and payment of the costs invotved, CLIENT is entitled to a copy of all papers, documents and drawings provided CLIENT'S account is paid current.
8.2 Document Reuse
ln the event the CLIENT, the CLIENT'S Contractors or Subcontractors, or anyone for whom the CLIENT is tegatty tiable makes or permits to be made any changes to any reports, ptans specifications or other construction documents prepared by the CONSULTANT without obtaining the CONSULTANT'S prior written consent, the CLIENT sha[[ assume full responsibility for the results of such changes. Therefore the CLIENT agrees to waive any claim against the CONSULTANT and to release the CONSULTANT from any tiabitity arising directly or indirectly from such changes. ln addition, the CLIENT agrees, to the futtest extent permitted by [aw, to indemnify and hotd harmless the CONSULTANT from any damages, tiabitities or costs, inctuding reasonable attorneys' fees and costs of defense, arising from such changes. ln addition, the CLIENT agrees to include in any contracts for construction appropriate language that prohibits the Contractor or any Subcontractors of any tier from making any changes or modifications to the CONSULTANT'S construction documents without the prior written approvat of the CONSULTANT and further requires the Contractor to indemnify both the CONSULTANT and the CLIENT from any tiabitity or cost arising from such changes made without proper authorization.
8.3 Electronic *ledia Alteration and Reuse
Because CADD information stored in electronic form can be modified by other parties, intentionally or otherwise, without notice or indication of said modifications, CONSULTANT reseryes the right to remove att indicia of its ownership and/or involvement in the materiat from each electronic medium not held in its possession. CLIENT shall retain copies of the work performed by CONSULTANT in CADD form only for information and use by CLIENT for the specific purpose for which CONSULTANT was engaged. Said materials shall not be used by CLIENT, or transferred to any other party, for use in other projects, additions to the current project, or any other purpose for which the material was not strictty intended by CONSULTANT without CONSULTANT'S express written permission. Unauthorized modification or reuse of the materiats shatt be at CLIENT'S sote risk, and CLIENT agrees to defend, indemnify, and hold CONSULTANT harmtess, from att claims, injuries, damages, losses, expenses, and attorney's fees arising out of the unauthorized modification or use of these materials.
WALTACE GROUP Page 6 of 6
AGREEMENT
THIS AGREEMENT (the "Agreement") made this day of
2022, by and between the CITY OF TEHACFIAPI ("City") and WALLACE GROUP, a California Corporation (the "Consultant"), wITNES!ETH:
WHEREAS, City wishes to hire Consultant to perform certain services as more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof (the "Services") pursuant to the terms and conditions described hereinafter and Consultant is agreeable thereto.
NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth hereinafter, the parties agree as follows:
l.The parties incorporate the foregoing recitals as if fully set forth herein verbatim.
2. City hereby contracts with Consultant to perform the Services pursuant to the terms and conditions of this Agreement. The Services shall be performed in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances in the same or similar locality.
3. Consultant shall provide the Services for a fee which shall not exceed $49,753.00 (the "Fee") based on "time and materials" and the Consultant's standard billing rates more particularly described in Exhibit "B" attached hereto and by this reference made aptrthereof. City shall pay Consultant pursuant to invoices (the "Invoices") submitted by Consultant no more often than monthly. Each Invoice shall describe the Tasks more particularly described in Exhibit "A" that have been completed and the portion of the Fee payable for same and in amounts not to exceed those described in Exhibit "C" attached hereto and by this reference made a part hereof and such other information as required by City Manager from time to time.
City Manager or his designated representative shall have the right of reasonable review of each Invoice and, at the conclusion of the review, City Manager shall place the matter on the agenda for the next available City Council meeting for consideration by the City Council. Upon approval of each such Invoice by the City 1 Council, same shall be paid in the regular cycle of payments made by City for other bills and claims.
4. Consultant shall complete the Services within the following timeframes as measured from the date of this Agreement: Task 1, _days; Task 2, Task 3, days; Task 4, _days; Task 5, days; Task
6, Task 7, _days; Task 8, _days; and Task 9,
-days5. Information, data, estimates, reports, studies, and all other project documents drafted or created by Consultant or on behalf of Consultant for City shall belong to City and Consultant hereby assigns all of its copyright interests therein to City, irrevocably and forever and agrees that City shall be the owner of all such copyrights. All of the foregoing documents hereafter prepared by Consultant for City or on behalf of Consultant for City shall be retained and maintained for City by Consultant in its offices at no additional cost to City.
Consultant shall release all such files and documents as instructed by City from time to time, and all such files and documents shall belong to City. Consultant shall not be liable for use of any such files or documents for purposes other than their original intended purpose.
6. Consultant hereby agrees to indemniff, defend and hold harmless City, its officers, Councilpersons, employees, and agents from any and all liabilities, expenses, and damages, including reasonable attorney's fees, for injury to or death of any person, and for damage to any property including without limitation, City's properfy, arising out of or in any way connected with Consultant's performance of the Services or by any act, error, or omission by Consultant related to performance of the Services which shall not exceed those indemnification obligations described in California Civil Code Section2782.8.
7. Without limiting Consultant's obligations under Paragraph 5 of this Agreement, Consultant shall obtain and maintain during the life of this Agreement:
(a) Comprehensive general liability insurance coverage, including premises - operations, products/completed operations, broad form property damage and blanket contractual liability, in an amount not less than $2 million per occurrence and automobile liability for owned, hired, and non-owned vehicles; and (b) Professional/negligent acts, errors and omissions insurance satisfactory to City in an amount not less than $1 million; and
2 (c) Such workers compensation insurance as required by statute.
As for the insurance described in Paragraph (a) above, Consultant shall provide City with appropriate certificates of insurance and endorsements for all of the foregoing in which City, its officers, Councilpersons, employees, and agents are named as additional insureds and specifically designating all such insurance as "primary," and providing further that same shall not be terminated nor coverage reduced without ten days prior written notice to City. The foregoing shall not apply to the insurances described in Paragraphs (b) and (c) above.
8. Consultant shall not assign its interest herein or any part thereof and any attempted assignment shall be void.
9. City may terminate this Agreement at any time by giving Consultant ten days prior written notice, provided that if termination is for City's convenience, Consultant shall be entitled to payment for those Services rendered through the date of termination provided satisfactory to City. In the event termination is for breach or default under this Agreement, Consultant shall be entitled to payment for Consultant's performance of its obligations hereunder to the date of termination except for that performance which is subject to Consultant's default and subject to City's approval and acceptance of Consultant's performance.
10. All reports, information, data and exhibits drafted by or utilized by Consultant shall be the property of City and shall be delivered to City upon demand without additional costs or expense to City.
1 1. All notices required to be given under this Agreement or by law shall be in writing and shall be deemed received by the parfy to whom directed if personally served or when faxed by confirmed facsimile or when sent by email or when deposited in the United States mail, postage prepaid, registered or certified, return receipt requested, with the date of signing the return receipt (or refusal to sign) as the date of delivery or on the next business day after deposit with an overnight carrier provided the carrier's records show delivery on the next business day provided sent to the following address: If to City, City Manager, 115 South Robinson Street, Tehachapi, California9356l, Fax - (661) 822-2197, Email - ; jschlosser@tehachapicit),hall.com or if to Consultant, Bill Callahan, Wallace Group, 612 Clarion Court, San Luis Obispo, California 93401 Fax - (805-544- 4294), Email - Any parfy may change its address or fax
number by giving notice to the other party in the manner herein described.
12. Time is of the essence with regard to each covenant, condition and provision of this Agreement.
13. This Agreement shall be governed by and construed in accordance with the laws of the State of California.
J
14. This Agreement constitutes the entire Agreement between the parties with regard to the subject matter herein and supersedes all prior oral and written agreements and understandings between the parties with respect thereto.
15. This Agreement may not be altered, amended, or modified except by a writing executed by duly authorized representatives of all parties.
16. In the event any action or proceeding is instituted arising out of or relating to this Agreement, the prevailing parfy shall be entitled to its reasonable attorneys'fees and actual costs.
17. This Agreement may be executed in counterparts and the respective signature pages for each parfy may thereafter be attached with the body of this Agreement to constitute one integrated Agreement which is as fully effective and binding as if the entire document had been signed at one time. A facsimile or electronic copy of this fully executed Agreement shall be as effective as the original for all purposes.
18. Notwithstanding any provision to the contrary, this Agreement shall not become effective and shall not be binding as to any party until all of the parties have executed this Agreement.
19. Waiver by a party of any provision of this Agreement shall not be considered a continuing waiver or a waiver of any other provision, including the time for performance of any such provision.
20. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto, and their respective heirs, successors, and assigns.
21. If any term, provision, covenant or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions shall remain in full force and effect and not be affected, impaired, or invalidated thereby.
22. City and Consultant each acknowledge that each party and their respective legal counsel have reviewed this Agreement and agree that this Agreement is the product of negotiations between the parties. This Agreement shall be interpreted without reference to the rule of interpretation of documents that uncertainties or ambiguities therein shall be determined against the party so drafting the Agreement.
4 IN WITNESS WHEREOF, the parties have executed this Agreement on the date first hereinabove written.
CITY OF TEHACHAPI, "City"
By:
PHILIP A. SMITH, Mayor of the City of
Tehachapi, California
WALLACE GROUP, a California
Corporation., "Consultant"
By:
Wagner,
Principal
5 EXHIBIT ''A''
[Description of Servicesl
SCOPE OF SERVICES
Tte proposed Scope of SeMces will aisist the Crty of fehachapi (City) with the developmefit and imptementation of an lndustrial Waste Discharge Program and Fats Oils and Grease (FOG) l,tanagement ProBram consasting of:
t. Phase I Da{etopment of an lndurtriat Waste oischarge (lwo) Program 2. FOG Program 06/etopment
3. FOG Standard Conditrons oevetopment and Municipat Code Language
4. Development of FOG Controt Device Guidance Documeats for nerv and exBting discharyers
5. Oevelopment of IWD & FOG Public Outreach and Education nateriats
6. lnihat Program Technicat Training for City staff: FOG Program Administration and lnrpectioo
6r.l ctairoN cT
tAfi r,uts o3r990
<Ar.rtoRNrA 9]{0r
I !O5 Sa,l.a0r I
r tot t{...19.
rw tlll<egrot ut
6 ?rtt.ru
Cj?Y oa rclrxi,il
f.!.rsry 2. :!A: t{.lod6
wdtxe
*rqAh
6roup p.o0or.6 to p.!vi{h Ete city yt6 Foo rnd filrD co.t ot Progfirm f€rvices t,le roatarmA tasfs de*nbed betow.
Tr*, r: Pnoie(l rlJl.0em€nt
Ttir ta6a( ixtu<tes coadnetkxr 6{ p.r,iect.ctMtF , irrttdrq 'CHrluB xrd h.qet
co.rtrlas, <tie* cordination, qtJrtaty cortrol, arld ottl€r reLH p.oie<t mamggierr -uvitier. wrltxe 6rqp vilt condrt en initial Ki(*.Otf rr€elilB to dJa,r, City obj€<ti.des erd wflEe 6ro(p'r p[3rEd Srladr fr daelopn*nt o( tha FOO O rwo Cmtnol prqrernr.
Tar( 2: oeGbe{Deot of an hdtfrriel wa:t€ otdr..Be Conml r,rogrrm wallire OrorD vitl arsiit dle Crg rr the hitid &rntgolem of ard rid$fi.t wrste girdarge Co.rtrol Prqrarn widt the foatoirirR obie<tivei:
o Oevetopm€rrt of a Creoeral tdrrtriat werta Oirdnrge (l!vD) Cfiltrol prograrn SuflfiatY
. Oevtetog.rEnt o, rnd lwD Progran apglxetirn end Peonit Tefiptates fa Oixhrg* rnd tor fxltties t r.t nary hold ad hat p.o(€sr v.sterf,eter io lieu o{ p.etrB.me{rt md db<nerge
. genetognxnt o{ a,trexh rnd Ed(ratbo Arate.ial, r€trtirB to the rwD Cgltrd PrEgrIn
. lssist the City to identify $/D facilitier.r'6 crert€ e nvD d.t baJe fo. futlre p.ogrfi mpterner{atbfl.
. agptt tnm Ett *e rnd Pdisr to initrete clr'sifi(atbo of f.cititiet o lnitial $ite.rBits to lwD Fx{itie' {ultED.ter t€n (to} fribtie, in r nrc (2} cmJacutive dry Period
. $uce{taneoos rw! progarr SrfF.t: w.ltre Oroop r,ill prwide l,P to su (6) hc.lrs o{ mrscetlzro.l3 prqram s(pport foa t re lwD (ootn{ P?ogralr I n€eded or t€qresd by the City.
8is€d oo arr"ot hformrti$ a,}d the ,titur of ti€ City" ct r€ot nrtD Pro,grr:, vJrtl.ace Orurp re(dtrrerxk cadrtig: phesed.pproxh to tlte d.tie{opnrent ind :npt€{rrtnrtiqr of tnis progran. once th€ hitial plirsa of dte two ProBrafl B detntoped es dercrib€d &re, rt yitt he$ to irdo.rr the scogiq md deretoprnent of e secodary phase of thc rwD prognm rtrh vq.dd irrtuth cbssifketio of fxititier, yarteweter ctt.ffte.izarbfi, permittiq rnd ir6pe<tim. A r€prfiila scope ud boqit wllt be daretoged for chas+ $ dfinbgnrfirt and irnpl€menrra€.r of El€ hlD Prqra,r! aJ rqre6ted by the CttyTart !: lrpd.te to cirty roc cdttrol nrqrenr sunrtrrd condti.rE 3nd r{nrtp.l code Llrgu{e
weltire gmrp yitl r!{t vi6 City st.ff to d€^ietop FOO Progrdn tlar{ard Cooditidrs and provide recormefited lr,lgu.ge for updatg to the City's rt.{rargel Code rp€cif* to the p{.trred Frts, Ols r d Ore.Je (o(trol Progrdtr. Stendrrd Conditrdts arrd tFdetPs wltl .d&6,r:
. Lqel,udlority
. G€il€ral Prcg6nt r€qri Emerts ard Prohibtidrs
o FOO Prlgam Pe'llricnB rnd pemit cqrditont
. rto-co,r?ti.nt 6.!ditirnr, mdce, of vioLtim rnd reqJird corr€(tir€ TtkIld o
^Emttrt
Feodtle, f6 Notice, o, \ride$dl
. CrV C6t Re<orery for Sanrtery Seser o1|ertlor' {tSO'} ti*€d to facitrty;sr. coatle{ianc"
. nspectim Pronsirns
. R€ccd ke€girg, neinunan<e and art9 reqjtrem€rts
rY tt^Ct 6RdJP,
7 vm.ru
Cttt oa lciri$a
Lnr.yy l. 2(E2
?1. lot6
. fto (srtrot oe!/ice and Facitity neqtjircnt€nt'
wrltxe OrorJP yitl .tt€nd (2) tro .7E.harr t€{ccqrfersxe maedrBr wth fie City !o ret/iew <ornnents qr &efts E Ule n€* muricigel Code sactisr pertrinirB to FOo Cocrol. A 3{ tCe<o.rfrqre ir also ixludcd in drB p.o0o6rl to conpleta a finel re{l'ion of t,r st nd.rd Co.rditbns & firnciDrl Cod. b.red qr eny feeotd fro.r'r (Ey Co.rril. oeliverabk:
. Dr?ft $tild.rd Cooditiq6.nd $uriop.t (ode tarBqe docun nt Pf .rd wfid (ele(tr6k)
o FiDl *IlArd Cmditinr.nd $mi(i).t (ode tzrgu4e noicigd Code &clmeot 9OF (c{e<rrqtk}
T.r. a: pemirthg Pfirt iltt
wrltxe oro(rp yitl rort wrttr the city to dh,elop FOO c$trol Progrsr .cpgtiatiqt .nd 9efliit b$ed oo the mqreme(t,s or*tan€d rn t,1e sand.rd Co.rdkiqt3 r.td unrint Code.
To null sr,r thet dre filEt perrnit p.oBrrm mFets tlE City', ne€G, wetlle Orqp witl pl5 fa (2) txo .75{rol.r te(e(onfrerre meetiogr widr crty rt ff. rie nupose of dE inirbl lrEetq urtl be to <qrfirm the pemittng p.ogfern aggroedr. Tte purpose ol tlE second nr.€tiB u/itl be to dir<r5r and revbw finet &?ft of l,le PermRtiB rrogr.m end FOO Permi.
Oetiver.bhr:
. &aft FOO P€rmit appltetin and perrnit templ"rte POF rnd wb{d (elEctronic} . Prnrl FOO F€rnrit Applxrtbn ard permit Temp{ate do<rmeotJ POf (etectrQi<) Tr:t 5: fOG Cmtrol Owke Cr.ri<tence Oo(urncng
wallxe oro(p vitl rort wrdr the crty to d€rdop mintnun stenderds for the tr*rtl.tin of greue tratr .nd hterreptrs fr City Fs€s. Stldrr$ witl be refereoced in the ctty's upd.ted foo Auri<ipal Code. A Srid.rxe dcun€ot yitl abo be de^reloped fa Ffil Pr€gram repticarts to.ssist them in rneetiq the City's rorce <mtrol obre<6're9.
oetiErabhr:
. oraft FOO Cqrt ol Device Gridence oocrrt*nts PoF and word (etecuo'tk) . Final FOO Cdltrol Device Oodarxe Ooordrnts POF (cte<t o.!l() Ta:t 6: FOG 9rogrxD Oenelofltleot
TIE Prqranr oeetogren nst yf,l cdrsin ot 6e foltrirg:
. Oetetop.nent of a Ofireral FOO Corlt ot pr!,Branr grnnrary . Devetoprnent of FOO Prqram *rrdard Cmdidfls thrt ideitfy dle sgecifks of tne City's FrOO Cdrtrot Prqrarn with ti.*s o Ciry Auricip.l Code .3.getic.b{e . DevetoFnnt of FOO lmpecdo.l Forms
. De€{oFnert of e rOO Cdrt ol rrry€<tbn Sanderd Oper.tirB frocedre fr ue by City strff
oeliErablez:
o Draft Foo cqlt ol Progf.m documnts trstcd abore Pof Ild word (el€<tronK) . Finil FOO Cmtrol Program doorrEnt' tirted ebol€ POF (etect'sik) Te* 7: oercbflnent of Otfirexh artd Ed,cedro A.teri.ts
II{AILACE GROUP.
8 1rp..ru
Crty oa fciahri
fa6.rlry 2, 2rel ,{.aol6
wdtxc 6ror.g vitl rort wir,r City 5t ff to darctop Ur. foltorng FOO Earcetrqr .|.ld Outr€xh u.terirlr, utitiziq wattxe Orot.P t€opLt€s:
. O€ve{oDoreot of reridentirt E rP tlyer (EBti$r/Sp.nirh) o F(Xl Prqr.rn rtyr for P5€5 (E Btirh/+.nirh)
. oevetopoEnt of FOO Pro8rarn L€{ter for F5€5 i rtrodritE ttle City's ,r* FOO A,t n4€ntert rnd rftpectill progr& (ABtirhrsp.nEh)
. FOO fLder end FSE mairteriarEe fomrs O t,Ek m:intenance of FOO cqlrol d€^/ices
oelirerablee:
. oraft FOO Csltrot ProBrem Orftr€a(h docuxirts tlrted above Ptr Itd vroid (ete(trqtic)
o final FOO Cqrtrol Program Clt*rerh documeou tisted rbore POF (et (troflk) Tar( t: Tednkal rraiirg: FOG Prqr.,n Admhi:rratim.nd ln?ectln TrainrB is afi|<rprted to be co.dlJ<ted oeer tlE cqrrge of trc (co.rs€<rrtn'e) dalr.
FOG Pro$irm rlifircameot
wrttxe Orol? vrtl pro/ide cne 2-horr trarmng of City rtrff m ttc .dmimstntio (ity" ,rr FOO Cotrol ProBr.rn in the fotlwing ereas:
. Adopt€d city Foo ccnuot ordinance and en{oG€rn€nt
. Out eadr materiab ard recqnmeoded <]ndutes fc imptenrentatirn o F!(l perrnit apglKatbn, Ffmit ard irlrpcctxn .nanageflf,nt . lnplemeotntin of nandard Jp€cifkatirts
E99@ TreiniB tfi Foo !$pecrbns wrlt corirt of (2) tro +hqlr ct8$ .lrd freld trainings. TrahirB wrtt cor€r t P fottovirR:
. rhysk l inspectioo (.nd rcirpe<tirol o{ r-ititiel,
. custqrEf relrtE r3 anrB rns€<t*nt
. uJre of fOO truge(tin foflnr end pemritt
. tterns to be arlrc of dJri B arid inp€(tion
. proger gteeJe co{ruot det ke (OCO) Aeretxx'r rnd rflrinteirre o Apfllprieta r€<otds and r€<ot* rateltion
. denrificetiqr of ernutnfier md di€mkak
. rnpternrertrtioo d FOO Control 8rlt,
. ,r€iJrrrtfnentJ Of greaj€ erld ,O{i& taryCs
o l&ntif*:.don of proger ptut&rq cdffidurs
. Pifrqreptl, of defEieit coditione
. Yellos grei$e storrse r|d re<*& fr disgod
. LeekirB bins rr'|d dr,Irprters
o llhcit conn€<nqrs
. Orrtdoor cteriq of mats r eqnprnent
TO IE PIOYIDED EY T}lE CUEXT
. Cqrfirmetiro of FsE to be ircpected withm Ciry Sen/te Area . BlstirB CiV f.ft FoO Prqraflr tnhrrnrtim (tt'fid Do<rrEnts) uIAn ct GrouP,
9 7?Z).1$.
C,|, oa fchlh,fa
ktyy2,281
taar t ot 0
Tar( 9:
'rirelL,Fo.J,
rograrn S0pgort
wrtlxe Ororp wilt Foride up to eBnt (8) buf5 of mi(e(hneoqs progran JlJgport fd dre F@ Cqrtrcl Prolfarn aJ ,te& o. r€qreJted by the City.
]TE,iS XOT HCLUOED iX 5GOPE Of SERVICES
rlE follofirB ,€nnce, mry eBo bee{it yql' g.ojc<t wrtLco ofo(p cm p.ff& thr€ ia ,ic6, dinctty or ttno.rgh r.b'co(rcrlail3, lrorq/er, they rru not rrEtud.d h th. q.rr€{rt rope d 5€ili(6 or €stirnate o( fe€s:
. ,ilrna8efHt ]rd rngl€rErtetin o, city Fl00 (o.t !a F?ogr5r . r^ai€eoEot and lrgLrn ntation o, city ldustrirl wure D6charBe cootrol Pfogrem . -<€rt kei irtude an rrd o, S€firi.&n d ltEgectio.r md alnjgectEn of (ity Food EJtaudYnenB. '€i/ice
. upd.t6 to civ $l,lkipil code (hdurrri.l wr*e)
o addioqEl m€€ongt rrth Crty
. 9arttiprtbo in city col,|cit rk€orB,
. ugdates r rs/isirG to $a crty s$rP
. FOO trd n JD P?ogfem vJbDe€e iBsBt.rre
w r[ Ct GROUP.
t0
EXHIBIT ''B''
[Consultant Billing Rates]
&hon A
Standard Biiling Rates
n6tk wqtrc adrhiratbn sewkor:
Proie€t Anatyst r . 1v................. 3rr2 - 9rr2
5.ni6Pr,oi€<tAn*rrt l - il1 ............... ........9rr? - 3157 seohr E n"ioff|Eot l cfiU{irEe sp..ci{ist r . nr.................. 3 r6} . 9r7l sr4port servkee:
officalssistent.. .-.,...........3
hi€cAssirt tt -
ld<titirna I Prof eziooal servkez :
s1r7
,.
?7
Fees f6 expert yitrle's p.e9aratifii, tertindry, €q,,n egge.fiyrces, or der6itiorE, yitt be bitted at the rate of 9lS an horr. tf rsquir€d to mee( Jd€dute r€S.:6ts, orertiflE oo. project witt be htted et 1.5 thles th€ erflptoyee's typtal harty nte.
11 (r tartit'
EXHIBIT "C'
[Project Feesl
PNOJECT FEES
T?: pmject feer are stnun ettocated by teJt to hdkrte a,r expected distrihtt*n of rort.
Houreryer, the te$t fee atbcetisrs lre tu indivktnl cantrxt tinits. waltxe Oroq witt perfonn dle senices derpted in Tasks 1 - t of tie praDored scope of Senrkes, on a time and meterials bsis. For h$eting purposes, a;r pre{imrury estirnate is drrt qr fees witt be 9.19,751 to detetog ard xsirt wi0r irpternntetion of the city's two & FOO Ccrtrot Prqrun as identifiad h Tabte 1 b€{sr. Tlrese senices witt b€ invoked rnnth{y cr an xcnred basis ilr accordarre with dla attxhed $d!€dde of Fe*s {Erfiibk 11.
Reir$rsaHes erc ixluded in dre time and matrial< estirnated fee anumt stated aboe.
The fottorirg tibte outtines progosed costs associated with ea<h task:
I
De:(riptioo ProF€ted
cort
?ai& t: Project r,qaregeme{rt & xeeting 53{60
"eJt
l: rv/O Pro,lrarn oeyeloprnefit 32?,31 7
Tasl 3: Updrte city foo conrot Pragram Standard cmditions and nunkigat Code t-engurge t{.{98
?ai& {: FOO PermittirR Progrern 52.768
Tash 5: F@ Controt ouidance Do(rfients 51.018
?rit 6: Foo Prograrn & oatebe$ Deryeloprnent sr.516
ia{r 7: FOC Outreach and Education rtateriaLq 52.076
Tesh 8: FO,O T€(hnkal Training 96,57{
Tasl 9: nisceilaneous Program SWpoft 31 .38,.
Rermbursables 5':,t{o
TOTAL !{9,753
t2
CITY OF
TEHACHAPI
CALIFORNIA
COUNCIL REPORTS
MEETING DATE: MARCH 7,2022 AGENDA SECTION: DEVELOPMENT SERVICES
APPROVED
DEPARTMENT H
CITY MANAG
TO: HONORABLE MAYOR SMITH AND COUNCIL MEMBERS
FROM: JOHN (JAY) SCHLOSSER, p.E., DEVELOPMENT SERVTCES DTRECTOR DATE: FEBRUARY 28,2022
SUBJECT: SNYDER AVENUE ROAD REHABILITATION PROJECT - NOTICE OF COMPLETION
BACKGROUND
As the Council will recall, the City of Tehachapi entered into a contract with R.C. Becker and Son lnc. for the construction of the Snyder Avenue Road Rehabilitation Project. Following a walk-through by City Staff, it has been determined that all contract items have been completed. At this time, a Notice of Completion must be filed in order to close the contract.
RECOMMENDATION
APPROVE THE NOTICE OF COMPTETION FOR THE SNYDER AVENUE ROAD REHABITITATION PROJECT AND DIRECT STAFF TO RECORD SAME.
RECORDING REQUESTED BY AND
FOR THE BENEFIT OF AND
WHEN RECORDED MAIL TO:
City Clerk's Office
CITY OF TEHACHAPI
115 South Robinson Street
Tehachapi, CA 93561
SPACE ABOVE THIS LINE FOR RECORDER'S USE
Recording Fee $ None
NOTICE OF COMPLETION
This is to certiff that the Contract entered into on the 16th day of August 2021, by and between the City of Tehachapi, the Owner, and R.C. Becker and Son, lncorporated, the Contractor, for all work necessary to complete the Snyder Avenue Road Rehabilitation Project, has been completed in accordance with the requirements of the plans and specifications and contract documents, and ! hereby acknowledge the full completion and acceptance on the 26th day of January 2022, on behalf of the Owner.
By
Greg Garrett, City Manager
City of Tehachapi
Greq Garrett, being duly sworn, says: That he is the City Manager and Authorized Agent of the City of Tehachapi, the City that executed the foregoing Notice as the Owner of the Property herein described; that he makes this verification on behalf of the City; and that he has read said Notice and knows the contents thereof, and that the facts there instated are true.
.A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE IDENTITY OF THE INDIVIDUAL \^,tIO SIGNED THE DOCUMENT TO WlIICH THIS CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THE DOCUMENT.'
State of California
County of Kern
Subscribed and sworn to (or affirmed) before me on this _ day of 2022, by (1 proved to me on the basis of
satisfactory evidence to be the person who appeared before me. (Seal) Signature
lr.
<.2
rSr.
E
-
I
,r.
I
o
co
__e
(U
H
t
CITY OF
TE HAC HAPI
CALIFORNIA
COUNCIL REPORTS
MEETING DATE: March 7,2022 AGENDASECTION: DEVELOPMENTSERVICES
APPROVED
CITY MANAGER
DEPARTMENT
TO
FROM:
HONORABLE MAYOR SMITH AND COUNCIL MEMBERS
JOHN (JAY) SCHLOSSER, P.E., DEVELOPMENT SERVTCES DTRECTOR DATE: FEBRUARY 28,2022
SUBJECT: QUALITY ASSURANCE PROGRAM 2022 UPDATE
BACKGROUND
The City of Tehachapi's Subdivison and Development Standards define how items will be constructed within public right-of-way. These Standards also define various materials, grades and types required for construction.
The Subdivison and Development Standards were updated in the fall of 2021 and presented to Council.
A Quality Assurance Program (One1 acts as a supplement to the Subdivison and Development Standards by detailing how frequently materials shall be tested and by what method. The QAP provides clarification for construction items like pavement and concrete that are placed within public right-of-way but are excluded from the California Building Code.
Furthermore, the QAP must be updated every 5 years and submitted for compliance review with Caltrans to received further federal funding.
FISCAL IMPACT
Due to the requirements of testing and testing frequency needed, as required by Caltrans, a minor increase in materials testing for Grant Funded Projects will occur as a result of this update. These expenses are typically recoverable within the associated grant.
For non-grant funded projects such as commercial or residential development there is no expected cost increase.
RECOMMENDATION
lnformation Only
1 CITY OF
TE HACHAPI
CALIFORNIA
QUALITY ASSURANCE PROGRAM (AAP)
Approved By: Date
__ Februaru 9. 2022
Sch/ossei City Engineer
City of Tehachapi Quality Assurance Program
No,65403
exp.**1L
il.
TABLE OF CONTENTS
Page
l. Definition of Terms 3
Materials Acceptance Proqram............. ...,........3
1. Field Sampling and Acceptance Testing
General
Sampling and Testing Locations and Frequencies
Acceptance 7.esf Methods
Acce pta n ce Te sti ng Lab o rato ry
Reporting Iesf Resu/fs
Acceptance Testing Summary Logs
2. Manufacture's Certificafes of Compliance
General
List of Mateials Accepted by a Ceftificate of Compliance
3. Source lnspection and Testing
4. Acceptance of Minor Quantities Without Testing (Visual lnspection)
General
Approximate Quantities That May Be Accepted By Visual lnspection ilt. lndependent Assurance Program (lAP).... ........7
1. Laboratory to Pertorm lndependent Assurance Testing and Duties
2. Laboratory Qualification
3. TesterCertification
4. Equipment Calibration
lV. Certification of Project lfiaterials .............
V. Project QAP Records...........
Vl. Attachments
City of Tehachapi Quality Assurance Program
9 9
I
THE PURPOSE OF THIS PROGRAM IS TO PROVIDE ASSURANCE THAT THE
MATERIALS INCORPORATED INTO THE CONSTRUCTION PROJECTS CONFORM WITH THE CONTRACT SPECIFICATIONS.
. This Quality Assurance program and document shall be updated every five years. o This program and document shall be updated if changes are made to the test methods or to the testing sampling and frequencies.
I. DEFINITION OFTERMS
Acceptance Testing (AT): Testing of project materials to determine compliance with the contract specification criteria.
Certificate of Compliance: A signed document from the materials manufacturer committing that the delivered goods meet the contract specifications. lndependent Assurance Program (lAP): A program that verifies that AT is being performed correctly by certified testers using qualified laboratories and calibrated equipment.
Material Acceptance Program.'Sampling, testing, inspection, and certification of project materials to determine compliance with the contract specifications. Materials shall be accepted by one or more of the following methods, as allowed for in this document and the contract specifications: Accepfance Testing, Manufacturels Certificate of Compliance, Source lnspection, or field inspection.
Quality Assurance Program (QAP): A sampling, testing and inspection program to provide assurance that the materials and workmanship incorporated into the project conform to the contract specifications. The main elements of a QAP are the Material Acceptance Program and the lndependent Assurance Sampling and Testing Program.
Source lnspection; Sampling, testing and/or inspection of manufactured or prefabricated structural materials at a location other than the job site; generally at the manufactured location.
II. MATERIALS ACCEPTANCE PROGRAM
Materials incorporated into the work shall be accepted by one or more of the following methods, as specified in this document and the contract specifications.
1. Field Sampling and Acceptance Testing
2. Source lnspection and Testing
3. Manufacturefs Certificate of Compliance (with attachments if required)
4. Visual lnspection (for minor quantities)
City of Tehachapi Quality Assurance Program
1. FIELD SAMPLING AND ACCEPTAA'CE TEST'A'G
General
. Acceptance sampling and testing shall be performed by certified materials personnel.
. Acceptance testing will be performed utilizing accredited materials laboratories and properly calibrated equipment.
. Certifications and accreditations shall be specific to the tests being performed. o A Materials Testing Results Log shall be maintained for any test method performed more than once on a project.
. The test results for materials incorporated into the work shall be in compliance with the contract specifications.
. Actions taken regarding material with failing test results will be fully docu mented, i ncl ud i ng detai ls documenti ng remove/rep lace, reworUre-test, and deduction/Contract Change Orders (CCO).
o Justification shall be provided for any failing material allowed to remain in place.
Sampling and Testing Locations and Frequencies
. Sample and testing locations and frequencies shall be in accordance with the contract specifications.
. lf not specified in the contract documents, sampling and testing locations and frequencies shall be as shown on Attachment No. 'l: Acceptance Sampling and Testing Frequencies.
. When sampling products such as Portland cement concrete, cement-treated base, hot mix asphalt, or similar materials, the time of such sampling shall be varied with respect to the time of the day, insofar as possible, in order to avoid a predictable sampling routine.
Acceptance lest Methods
. The test methods used shall be as specified in the contract documents. . For a material specifled to comply with a property shown in the following table, the Agency tests under the corresponding test shown:
Test Property Test
Relative compaction ASTM 1557/6936 or CT 2161231
Sand equivalent ASTM 2419 or CT 217
Resistance (R-value) ASTM D2844 or CT 301
Grading (sieve analysis) ASTM C136 or CT202
Durability index cT 229
Cleanness Value cT 227
City of Tehachapi Quality Assurance Program
Ac ceptan ce Testi n g Lab o rato ry
. A consultant materials laboratory shall be used to perform acceptance testing.
The consultant laboratory used may vary by project.
. The materials laboratory shall be under the responsible management of a California Registered Engineer ("Enginee/') with experience in sampling, inspection, and testing of construction materials.
o The Engineer shall certify the results of all tests performed by laboratory personnel under the Engineer's supervision.
. Laboratories shall be properly accredited.
. Laboratory testing personnel shall be appropriately certified. o Testing equipment shall be properly calibrated.
. Laboratories shall comply with Section lY, lndependent Assurance Program, ot this document.
Reporting Iesf Results
. Test results shall be reported to the Resident Engineer (RE) as soon as possible (as shown in the table below), by email or telephone. . Copies of complete material test result reports, including data and calculation sheets, shall be provided to the RE in accordance with the following timetable:
Timetable for Providing Full Test Results to the RE
City of Tehachapi Quality Assurance Program
lf the material is sampled And the test pefformed is Submit to the RE within... at the material plant
Sieve Analysis, or
Sand Equivalent (SE), or
Cleanness Value (CV)
24 hours
at the job site
Compaction and/or
maximum density
24 hours
Sieve Analysis, or
Sand Equivalent (SE), or
Cleanness Value (CV)
72 hours
R value, or 96 hours
Asphalt extraction
Acceptance Testing Summary Logs
. The RE shall maintain a testing summary log for each test method performed more than once on the project (ASTM 1557, ASTM 2419, etc.), and by salient feature (structure backfill, subgrade, etc.)
. The logs shall be used by the RE to track that acceptance tests are performed at the required frequencies, that tester certifications are on file, and that all failing tests have been mitigated.
. Attachment 2: Test Resu/f Summary Log form shall be used or a similar type of log that meets the intent of these requirements.
2. TilANUFACTURER'S CERTIF'CATES OF COMPLIANCE
General
. Various manufactured materials may be accepted for incorporation into the work without sampling or testing, on the basis of a certificate from the manufacturer.
. Where required by the contract specifications, the contractor shall submit a certificate of compliance.
. Where required by the contract, the contractor shall attach test data or other documents to the certificate of compliance.
. The RE may perform sampling and testing on such materials at any time. . Certificates of compliance shall:
o Be submitted by the Contractor before the material is incorporated into the work;
o ldentify the lot (or heat) number for each lot delivered if appropriate; o lnclude the contract number;
o lnclude test data and other documents if required;
o State that the material complies with the contract specifications; and o Be signed by the producer of the material.
List of Materials Accepted by Certificate of Compliance ln accordance with the Caltrans 2015 Standard Specifications the materials listed in Attachment No. 3: Mateials Accepted by Certificate of Compliance may be accepted by Certificate of Compliance. This list may be supplemented or amended by the contract Special Provisions or Technical Provisions.
3. SOURCE INSPECTION AND TEST,,VG
. Some manufactured or pre-fabricated structural materials will be inspected or tested prior to arrival at the jobsite, generally at the manufacturer's location (source inspected). Should the Agency request Caltrans to conduct the source inspection, and the request is accepted, all sampling, testing, and acceptance City of Tehachapi Quality Assurance Program
a
a
a
of manufactured and prefabricated materials will be performed by Caltrans' Office of Materials Engineering and Testing Services.
Structural items categorized as "catastrophic consequences of failure" or "significant safety concern" may be source inspected. Materials that might be source inspected include, but are not limited to: structural steel , precast prestressed concrete girders and pilings; RCP greater than 60", joint seals, bearing pads, lighting and signal poles, sign structures, electrical items.
The RE may reject source inspected material at the job site if it is deemed unacceptable. For example:
o Material damaged in shipment or installation.
o Defective material (source inspection is usually a random sampling and may not have checked 100% of the material)
A consultant materials laboratory shall be used to perform source inspection and testing. The consultant laboratory used may vary by project.
4. ACCEPTANCE OF MINOR QUANTITIES WTHOUT TESTTNG UISUAL tNSPECTION)
General
o Relatively minor quantities of construction materials may be accepted without testing if the following three conditions are met.
o Visual examination of the material is performed;
o The manufacturer or supplier has recently furnished similar materials found to be satisfactory using normal sampling and testing requirements; and o The manufacturer (or supplier in the case of HMA or concrete) provides certification that the material furnished complies with the contract specifications.
Approximate quantities that may be accepted by visual inspection:
. Aggregafes other than for use in Portland Cement Concrete, not to exceed o 100 tons perday, nor
o 500 tons per project
. Bituminous mixtures (example: HMA), not to exceed.
o 50 tons per day.
o lf project total is less than 1,000 tons, sample at engineer's discretion o Bituminous material (example: Liquid Asphalt), not to exceed:
o 100 gallons per project
III. INDEPENDENT ASSURANCE PROGRAM (IAPI
. The IAP shall verify.
o Sampling and testing procedures are being performed correctly; City of Tehachapi Quality Assurance Program
a
a
o Alltesting equipment is in good condition and properly calibrated; and o AIIAT performed on the project uses a qualified laboratory and certified testing personnel.
o IAP shall be performed on every type of materials test required for the project.
A complete review of AT shall be performed by IAP personnel, or an independent materials laboratory chosen by the agency when unresolved discrepancies related to poor correlation between acceptance tester's results and other test results occur.
lf AT is hired directly by the Contractor, IAP is required.
1. LABORATORY TO PERFORM INDEPENDE VT ASSURA NCE (tA) rEsrr rc
AND DUTIES
r The lAP, including certification of testers and qualification of lab, shall be executed by a consultant who is different from AT consultant. . IAP shall be provided by personnel from Caltrans, the Agency's certified materials laboratory, or consu ltant's certified materials laboratory. . lA shall be performed on every type of materials test required for the project or as directed by the Resident Engineer.
. IAP samples and tests shall not be used for determining compliance with contract requirements.
2. LABORATORY QUALIFICATION
. The AT materials laboratory shall participate and comply with one or more of the following Correlation Testing Proqrams:
o AASHTO Materials Reference Laboratory (AMRL)
o Cement and Concrete Reference Laboratory (CCRL)
o Caltrans' Reference Samples Program (RSP)
. The AT Laboratory qualification shall occur annually. . A copy of the current laboratory qualification shall be kept in the project records.
3. TESTER CERTIFICATION
. Sampling and testing personnel shall be certified for a maximum of two years by one or more of the following Personnel Certification Programs:
o CT Materials Engineer and/or CT METS lA Representative (for CT tests only)
o Nationally recognized organizations such as the American Concrete lnstitute
o National lnstitute of Certification of Engineering Technologies City of Tehachapi Quality Assurance Program
o Other recognized organizations approved by the State of California and/or recognized by local governments or private associations.
Proficiency tests is part of lA program and shall be performed on Sieve Analysis, Sand Equivalent, and Cleanness Value tests. All other types of IAP shall be witness tests.
A copy of each tester's current and applicable certifications shall be kept in the project files.
4. EQUIPMENT CERTIFICATION / CALIBRATION
. Laboratory testing equipment shall comply with the following:
o Be capable of performing the tests required.
o Be in good working order.
o Be calibrated at least once each year.
o Be calibrated by impartial means using devises of accuracy traceable to the National lnstitute of Standards and Technology.
o Have a decal firmly affixed to each piece of equipment showing the date of the last calibration.
IV. CERTIFICATION OF PROJECT MATERIALS
o The RE shall complete and sign Exhibit 17-G, "Materials Certificate" of the Local Assistance Procedures Manual (LAPM) upon completion of a federal-aid project.
. The Agency shall include a "Materials Certificate" in the Report of Expenditures submitted to the Caltrans District Director, Attention: District Local Assistance Engineer. A copy of the "Materials Certificate" shall also be included in the Agency's construction records.
. The form shall explain and justify materials incorporated into the work which did not conform to specifications, including changes by virtue of contract change orders.
. The form shall be filed in the project records.
. All material records of samples and test, material releases and certificates of compliance for the construction project shall be incorporated into the Resident Engineer's project file. lf a Federal-aid prolect:
o The files shall be organized as described in Section 16.8 "Project Files" of the Local Assistance Procedures Manual.
o lt is recommended that the complete file be available at a single location for inspection by Caltrans and Federal Highway Administration (FHWA) personnel.
o The project files shall be available for at least three years following the date of final project voucher.
City of Tehachapi Quality Assurance Program
a
a
a
o The use of a "Log Summary," as shown in Appendix H of the QAP manual, facilitates reviews of material sampling and testing by Caltrans and FHWA, and assists the Resident Engineer in tracking the frequency of testing.
VUhen two or more projects are being furnished identical materials simultaneously from the same plant, it is not necessary to take separate samples or perform separate tests for each project; however, copies of the test reports are to be provided for each of the projects to complete the records.
V.
. Each project shall have the following quality assurance documents on file. o Copy of Quality Assurance Plan
o Certificates of Proficiency-Testers and Samplers (LAPM Exhibit 16-D TL0111) o Certificates of Accreditation of Testing Lab (TL-01 13) o Notice of Materials to be Used (LAPM Exhibit 16-l)
o Acceptance Testing Summary Logs and Test Results
o Certiflcates of Compliance, including Buy America Certificates o Source inspection records and reports
o Materials Certification (LAPM Exhibit 17-G)
r ln accordance with the City's adopted records retention policy, all project records shall be available inspection by auditors and reviewers.
VI. ATTACHMENTS
ATTACHMENT NO. 1 -
ATTACHMENT NO.2 -
ATTACHMENT NO.3-
Acceptance Sampling and Testing Frequencies
Test Results Summary Log
Materials Accepted by Certificate of Compliance
City of Tehachapi Quality Assurance Program
HOT MrX ASPHALT (HMA) / nSpnnLT CONCRETE
cT 125.
CT 2O2 oTASTM C136
2L7 or ASTM 2419
382 or ASTM D6307
Gradation
ivalent
Content
At plant per CT 125. (a)
Loose mix paver per Aspha
Sand 1 per 1000 tons or part thereof; minimum 1 per day during production/placement of at least 300 tons per day.
Nuclear (b) or ASTM
D2910 Random locations per CT 375. (c)
CT3T5orASTM D2950
(c)
1 per 1000 tons or part thereof; minimum 1 per day during production/placement of at least 300 tons per day. (b)
ln-Place Density and Relative
Compaction (Nuclear )
Theoretical Maximum Specific
Gravity and Density (Rice)
Cf 309 or ASTM D2O4t
HMA Moisture Content
CT 226 or CT 370 or
ASTM D7870 or
AASHTO T329
Loose mix behind paver
per CT 125.
CT 366 or ASTM D1550
1 per day during production/placement of at least
300 tons per day.
Stabilometer Value (d)
Sample per Section 92 At plant per CT 125 Sample 1 min. per day for production over 300 tons per day.
See (f) regarding testing. Asphalt Binder
Smoothness 12-foot straightedge As necessary to confirm contract compliance. Final pavement su rface, (a) Exact tonnage of sample location to be determined by Random Sampling Plans (b) Compaction determined by nuclear density device. Core testing required if compaction fails the nuclear test (c) Correlation between core densities and nuclear device required only if compaction fails the nucleartest (d) Report the average of 3 tested briquettes from a single split source (e) Use CT 309 to determine maximum theoretical density in lieu of Cf 367 calculated maximum theoretical density (f) No testing required unless warranted by concern; sample and store until completion of project
Attachment No. 1
Sampling and Testing Frequency Table
for projects OFF the SHS
Method Minimum and of
SUBGRADE (DISTURBED BASEMENT SOIL) OR EMBANKMENT
Quality Characteristic Test Method Minimum Sampling and Testing Frequency Locationfime of Sampling Maximum Density and
Relative Compaction
CT 2L5lCT 231 or ASTM
rss2l6938
Random locations as
determined by the Engineer in
place after com paction.
AGGREGATE BASES AND SUBBASES, IMPORTED BORROW
Quality Characteristic Test Method Minimum Sampling and Testing Frequency Locationflime of Sampling Sieve Analysis Cl 2OZ or ASTM C135
1 minute test per material source.
Sample from site stockpile/plant
prior to placement.
R-Value CT301 oTASTM 2844
Sand Equivalent CI 217 or ASTM 2419
CT 2LGICT 23Lor
ASTM D1ss7/6938
1 minute test per 5000 sq. ft. Random locations as
determined by the Engineer in
place after compaction.
STRUCTURE BACKFILL, SELECT BACKFILL
Quality Characteristic Test Method Minimum Sampling and Testing Frequency Locationfiime of Sampling Sieve Analysis c:f 202
1 minute test per material source
Sample from site stockpile/plant
prior to placement.
R-Value CT 301
Sand Equivalent CT 2L7
Maximum Density and
Relative Compaction
cT ZL;|CT 231 1 minute test per 2 vertical lifts of placement. Random locations as determined by the Engineer in place after
compaction.
1 minute test per 5000 sq. ft. under vehicle traveled way and shoulder 1 minute test per 300 linear feet under sidewalk, Maximum Density and
Relative Compaction
PORTLAND CEMENT CONCRETE (PCC) . STRUCTURAL
COARSE AGGREGATE
Quality Characteristic Test Method Minlmum Sampling and Testing Frequency locationfime of Sampling Sieve Analysis Cr 2O2 or ASTM C135
1 minute test per 500 cu. yds. and per each material source; 1 minute test on smaller projects; lf bridge, 1 minute set per separate pour per abutment/pier/deck.
Sample from site
stockpile/plant prior to
Cleanness Value placement. cT 227
FINE AGGREGATE
Quality Characteristic Test Method Minimum Sampling and Testing Frequency Locationflime of Sampling Sieve Analysis CT 2O2 or ASTM C135
1 minute test per 500 cu. Yds. and per each material source; 1 minute test on smaller projects; lf bridge, 1 minute set per separate pour per abutment/pier/deck.
Sample from site
stockpile/plant prior to
Sand Equivalent placement. CT 217 or ASTM 2419
WET MIX
Quality Characteristic Test Method Minimum Sampling and Testing Frequency Locationfime of Sampling Slu mp/Penetration CT 533 oTASTM C143
2 per day
Sample from truck/work site. Air Content CT 504 or ASTM C231 Cylinders CT 539/540 or ASTM
c31
1 minute set of 4 per 50 cu. Yds. per day; lf bridge, 1 minute set per separate pour of abutment/pier/deck.
Attachment No. 2
Acceptance Testing Results Summary Log
Test Method Number:
Project Name:
Test Method Name:
Contract Number:
Test
l{umber Date Sampled Production Test Results Remarks
Tester Certification on file? /
Location (Stations, depths, etc.)
Production
Quantity
Represented
Required
Resu lt Actual Result Pass/Fail
lnclude action taken for any failing
test result; note test number of
any retest.
1 2
3 4
5 6
7 8
9 10
tt
t2
13 t4
15 15
t7
18 19
20 21,
22 23
24 25
Narne of Sampler or Tester
Attachment No.3
Exhibit 16-T Materials Accepted By Certificate of Compliance Table 6-2.3 Materials Accepted by Gertificate of Compliance (1 of 7) Material/Product Remarks (lncluding Requirements for Additional Back-Up lnformation Required with Gertificate of Compliance)
Asphalt
Asphaltic emulsion
Certificate of compliance must include the following:
't . Shipment number and shipment date.
2. Source refinery, consignee, and destination.
3. Type and description of material with specific gravity andquantity.
4. Contract or purchase order number.
5. Signature by the manufacturer of the material and a statement that the material complies with the contract.
Asbestos cement pipe
Asbestos sheet packing
Asphalt modifier Test results required with each truck load Asphalt rubber joint sealant A certified test report of the results for the required tests performed within 12 months before the proposed use.
Backer rods
Must include manufacturels statement of compatibility with the joint sealant to be used.
Barbed wire
Blast cleaning material
Bonding material
Brick
Cable-type restrainers
Lock nuts
Certificate of compliance must be submitted with a copy of each rcquired test report.
Cast iron pipe
Cast iron manhole rings and
covers
Chemical adhesive for bonding tie
bars and dowel bars in concrete
pavement
Chemical adhesive for structures
Certificate of compliance must state compliance with ICBO AC 58 and Caltrans. Augmentation/Revisions to ICBO AC 58.
Concrete
Admixture
Certificate of compliance from the manufacturer must certify that the admixture furnished is the same as that previously authorized or the authorized materials list.
Concrete
Cementitious material
Certificate of compliance must include the source name and location. lf the cementitious material is delivered directly to the job site, the certificate of compliance must be signed by the cementitious material supplier. lf the cementitious material is used in ready-mixed concrete, the certificate of compliance must be signed by the concrete manufacturer. lf blended cement is used, the certificate of compliance must include a statement signed by the blended cement supplier that shows the actual percentage of SCM, by weight, in the blend.
Concrete
Curing compound
Certificate of compliance must include:
1. Test results for the tests specified in Section 90-1 .01D(6) 190-7.01Blof the Sfandard Specifications.
2. Certification that the material was tested within 12 months before use.
Concrete
Minor concrete
Before placing minor concrete from a source not previously used on the contract, a certificate of compliance stating that the minor concrete to be furnished complies with the contract requirements, including the specified minimum cementitious material content.
Ceramic tile
Chain link fencing and railing Certificate required for protective coating system.
Concrete anchorage devices
Page I of7
January 20lE
Table 6-2.3 Materials Accepted by Certificate of Compliance (2 of 7) Material/Prod uct Remarks (lncluding Requirements for Additional Back-Up lnformation Required with Certificate of Compliance)
Concrete pipe
Circular reinforced direct design
method
Certificate of compliance must:
1. Be signed by the manufacturei's quality controlrepresentative.
2. State that all materials and workmanship comply with the specifications and authorized shop drawings.
Copper pipe
Corrugated metal pipe
Crack sealant
Certificate of compliance must include:
1. Manufacture/s name
2. Production location
3. Product brand or trade name
4. Productdesignation
5. Batch or lot number
6. Crack treatment material type
7. Contractor or subcontractor name
8. Contract number
9. Lot size
10. Shipment date
'l 1. Manufacture/s signature
Crash cushions
Crumb rubber modifier Test results required with each truck load.
Culvert markers
Delineators
Certificate of compliance required for:
1. Metal target plates
2. Enamel coating
3. Retroreflective sheeting
Dowel bar baskets
Drop inlet grates and frames
Drain tile
Drip irrigation line
Elastomeric Bearing Pads
Plain
Certified test results for the elastomer.
Elastomeric Bearing Pads
Steel-reinforced
Certified test results.
Electrical
Battery back-up system
Certificates of compliance is required for:
. External cabinet
r Batteries
Electrical
Conductor
Electrical
Conduit (galvanized and plastic)
Electrical
Equipment
Electrical
Pull boxes (concrete and plastic)
Electrical
Service cabinets
Page2 of7
January 2018
Table 6-2.3 Materials Accepted by Certificate of Compliance (3 of 7) Material/Product Remarks (lncluding Requirements for Additional Back-Up lnformation Required with Certificate of Compliance)
Erosion control
Certificate of compliance is required for:
. Straw
o Fiber
. RECP
o Fasteners
Certificate of compliance with attachments are required for:
. Tackifier
. Bonded fiber matrix
o Polymer-stabilized fiber matrix
Certifi cates of compliance attach ments include :
1. Material Safety Data Sheet.
2. Product label.
3. List of applicable nonvisible pollutant indicators for soil amendment and stabilization products as shown in the table titled "Pollutant Testing Guidance Table" in the Caltrans Construction Site Monitoring Program GuidanceManual.
4. Report of acute and chronic toxicity tests on aquatic organisms conforming to EPA methods.
5. List of ingredients, including chemical formulation.
6. Properties of polyacrylamide in tackifier including (1) percent purity by weight,
(2) percent active content, (3) average molecular weight, and (4) charqe density.
Epoxy
Epoxy powder coating for dowel
bars and tie bars
Expansion joint filler
Fiberglass pipe Certificate of compliance must be submitted with laboratory test results.
Gabions
lf PVC coating is shown, a suitable UV resistance additive must be blended with the PVC and the additive must be shown on the certifi cate of compl iance.
Geocomposite drain
Certificate of compliance must certify that the drain produces the specified flow rate. The certificate must be accompanied by a flow capability graph for the geocomposite drain showing flow rates and the externally applied pressures and hydraulic gradients. Verification must be by an authorized laboratory for the flow capability graph.
Geosynthetics Test sample representing each lot and minimum average roll value Glass beads
Glue laminated timbers and decking
Guide markers
lrrigation hose
lrrigation pipe
Certificate of compliance required for:
o Polyethylene pipe.
. Plastic pipe supply line for pipe with wallthickness of the bell less than the specified minimum wall thickness of the pipe.
Joint filler material
Joint seals (Type A and AL) Certified test report for each batch of sealant.
January 2018
Table 6-2.3 Materials Accepted by Certificate of Compliance (4 of 7) Material/Product Remarks (lncluding Requirements for Additional Back-Up lnformation Required with Certificate of Compliance)
Joint seal (Type B) Certificate of compliance required for:
. Elastomeric joint seal
. Lubricant-adhesive
Certificate of compliance must be submitted with certified test report for each lot of elastomeric joint seal and lubricant-adhesive. Test reports must include the seal movement rating, the manufactureds minimum uncompressed width, and test results.
Joint seal assemblies with a
movement rating of 4 inches or less
For alternative joint seal assemblies, a certificate of compliance must be submitted for each shipment of joint seal materials. The certificate must state that the materials and fabrication involved comply with the specifications and the data submitted in obtaining the authorization for the alternative joint seal assembly.
Joint seal assemblies with a
movement rating over 4 inches
Lime Certificate of compliance must include a statement certifying the lime furnished is the same as on the authorized material source list.
Machine spiral wound PVC
pipeliners
Certificate of compliance for each reel of PVC strip must include:
1. Name of manufaclurer
2. Plant location
3. Date of manufacture and shift
4. Cell classification
5. Unit mass
6. Average pipeliner stiffness and profile type
Markers
Certificate of compliance required for:
1. Metal target plates
2. Enamel coating
3. Retroreflective sheeting
Masonry block
Certificate of compliance required for:
'1 . Concrete masonry units
2. Aggregate for grout
3. Grout
Micro surfacing emulsion
Mulch
Open steel flooring and grating
Overside drains Certificate of compliance based on steel materials, aluminum materials or plastic materials.
Parking area seal material
Pavement markers
Pavement marking
Paint or thermoplastic
Plastic lumber Laboratory test report.
Plastic traffic drums
Plastic pipe for drainage
Certificate of compliance must include average pipe stiffness, resin material cell classification, and date of manufacture.
For corrugated polyethylene pipe, manufacturer's copy of plant audits and test results from the National Transportation Products Evaluation Program for the current cycle of testing for each pipe diameter furnished Portable changeable message sign
Precast concrete
Cementitious material used in
precast concrete prod ucts
Certificate of compliance must be signed by the precast concrete product manufacturer.
January 2018
Tabte 6-2.3 Materials Accepted by Gertificate of Compliance (5 of 7) Material/Product Remarks (lncluding Requiremenb for Additional Back-Up lnformation Required with Certificate of Coqpliance)
Precast concrete
Box culverts
Certificate of compliance must signed by the manufacture/s QC representative for each shipment.
Precast raised traffic bars
Preformed compression seal for
concrete pavement
Preformed membrane sheet Must include type of sheet and the conditioner or primer application rates.
Rapid strength concrete
Certificate of compliance is required for each delivery of aggregate, cementitious material, and admixtures used for calibration tests.
The certificate of compliance must state that the source of the materials used for the calibration tests is the same source as to be used for the planned wok.
Reinforcement
You may request that the contractor submits with certificate of compliance:
1. Copy of the certified mill test report for each heat and size of reinforcing steel showing physical and chemical analysis.
2. Two copies of a list of all reinforcement before starting reinforcement placement.
Reinforcement
Epoxy-coated
Certificate of compliance for each shipment of epoxy-coated reinforcement must be submitted with:
1. Certification that the coated reinforcement complies with ASTM A 7751A 775M for bar reinforcement or ASTM A 884/A 884M, Class A, Type I , for wire reinforcement
2. All certifications specified in ASTM A7751A775M tor bar reinforcement oTASTM A 884/A 884M forwire reinforcement.
Reinforcement
Epoxy-coated prefabricated
reinforcement
Certificate of compliance for each shipment of epoxy-coated prefabricated reinforcement must be submitted with:
1. Certification that the coated reinforcement complies with ASTM A 934/A 934M for bar reinforcement or ASTM A 884/A 884M ClassA, Type 2 for wire reinforcement.
2. All certifications specified in ASTM A 934/A 934M for bar reinforcement oTASTM A 884/A 884M forwire reinforcement.
Reinforcement
Epoxy-coating patching materials
Certificate of compliance for the patching material must include certification that the patching material is compatible with the epoxy powderto be used.
Reinforcement
Headed bar
Certificate of compliance for each shipment of headed bar reinforcement must be submitted with:
1. Mill test reports for the:
'1.1. Barreinforcement
1.2. Head material
2. Production testreports
3. Daily production logs
Reinforcement
Splicing
Certificate of compliance for each shipment of splice material must be submitted with:
1 . Type or series identification of the splice material, including tracking information for traceability.
2. Grade and size number of reinforcement to be spliced.
3. Statement that the splice material complies with the type of mechanical splice on the authorized material list.
4. F or resistance-butt-welded material:
4.1. Heat number
4.2. Lol number
4.3. Mill certificates
January 2018
Table 6-2.3 Materials Accepted by Gertificate of Compliance (6 of 7) Remarks (lncluding Requirements for Additional Back-Up lnformation Required with Certificate of Compliance)
Sheet metal
Sign panels
Certificates of compliance required for:
1. Aluminum sheeting
2. Retroreflective sheeting
3. Screened-process colors
4. Nonreflective, opaque, black film
5. Protective-overlay film
Silicone joint sealant A certified test report of the results for the required tests performed within '12 months before the proposed use.
Slotted edge drain
Snow poles
Snow plow deflectors polyethylene
material
Soil amendment
Steel crib wall
Sheet metal
Sign panels
Certificates of compliancc required for:
1. Aluminum sheeting
2. Retroreflective sheeting
3. Screened-process colors
4. Nonreflective, opaque, black film
5. Protective-overlay film
Silicone joint sealant A certified test report of the results for the required tests performed within 12 months before the proposed use.
Slotted edge drain
Snow poles
Snow plow deflectors polyethylene
material
Soil amendment
Steel crib wall
Steel pipe piles
The certificate of compliance must be signed by the plant's QC representative. The QC representative must be on record with the Department's Office of Structural Materials. certificate of compliance must include:
1. Statement that all materials and workmanship incorporated in the work and all required tests and inspections of this work have been performed as described.
2. Certified mill test reports for each heat number of steel pipe piles being furnished.
3, Test reports for tensile, chemical, and any specified nondestructive test (NDT).
4. Test reports must be based on test samples taken from the base metal, steel, coil or from the manufactured or fabricated piles.
5. Calculated carbon equivalent. The carbon equivalent may be shown on the mill test report.
Steel sheet piling
Structural plate culverts
Certificate of compliance required for:
1. Structural metal plate pipe
2. Arches
3. Pipe arches
4. Metal liner plate pipe
Prge 6 of7
January 2018
Material/Product
Table 6-2.3 Materials Accepted by Certificate of Compliance (7 of 7) Material/Product Remarks (lncluding Requirements for Additiona! Back-Up lnformation Required with Gertilicate of Compliance)
Structural shape steel piles
Certificate of compliance must include:
1. Test reports for tensile, chemical, and any specified NDT. Test samples must be taken from the base metal, steel, or from the manufactured or fabricated pile.
2. A statement that all materials and workmanship incorporated in the work and all required tests and inspections of this work have been oerformed as described.
Structural composite lumber used in
falsework
Structural steel thermal spray coat
Wire feedstock
Styrofoam filler
Subsurface drain
Temporary concrete washout
Certificate of compliance required for:
. Gravel-filled bag
. Plastic liner
Temporary fence (Type ESA)
Certificate of compliance required for:
. High visibility fabric
. Safety caps for metal posts
Temporary linear sediment banier
Certificate of compliance required for:
. Fiber roll
. Safety cap for metal posts
. Silt fence fabric
. Sediment filter bag
. Foam barrier
. Gravel-filled bag fabric
Temporary railing (Type K)
Thermoplastic
Tie bars
Tie bar baskets
Timber products (treated and
untreated)
Certificate of compliance for timber and lumber must state the species of the material to be shipped and include a certified grading report. lf treated, certifi ed treatin g report.
Threaded tie bar splice couplers
Traffic stripe
Paint or thermoplastic
Turf sod
Underdrains
Certificate of compliance required for:
. Type of pipe
. Tubing
. Fiuing
Waterproofing fabric
Waterstop Certificate of compliance for waterstop material must state compliance with paragraph 6 of Army Corps of Engineers CRD-C 572.
Welded wire fabric
Wire mesh fencing
Pa'geT of7
January 2018
TEHACHAPI
CALIFORNIA
COUNCIL REPORTS
MEETING DATE: MARCH 7,2022 AGENDA SECTION: DEVELOPMENT SERVICES
DEPARTMENT
APPROVED
CITY
TO HONORABLE PHIL SMITH AND COUNCIL MEMBERS
FROM: JAY SCHLOSSER, DEVETOPMENT SERVICES D!RECTOR
DATE: FEBRUARY 23,2022
SUBJECT: ANNEXATION NO. 1 INTO COMMUNIW FACILITIES DISTRICT NO. 2017-1(PUBUC SERVICESI BACKGROUND:
By Resolution No. 22-L7, the City Council established Community Facilities District No.2017-1 (Public Services) ("CFD 2077-L"'), a Mello-Roos Community Facilities District with the intention that future development within the City of Tehachapi (the "City"l would annex into this district. The specialtaxes collected from the property owners within the district are to be used for the funding of police protection services, street maintenance, and landscaping in the Tehachapi area.
The annexation territory, Tract Map No. 7363 (the "Project") proposed for annexation is owned by Comprehend & Copy Nature, LLC and is located north of Highline Road, east of Tucker Road, and west of South Curry Street.
The Project includes the development of two-hundred and thirty-eight (238) single family residential lots and four (4)common area lots. The boundary of the annexation includes the area within assessor's parcel numbers 4!7-O1I-L4 and 417-011-15 as depicted on Exhibit A.
Development of this property changes the characteristics of undeveloped land. Once developed, this Project will have intensified the use of the property, creating a need for more services underthis CFD.
As part of the annexation process, the City contracted with Willdan Financial Services for the preparation of the necessary resolutions and balloting procedures for the annexation. Willdan Financial Services completed a comprehensive specialtax analysis that took into account the types of properties proposed for inclusion in the CFD currently, and in the future through annexations, and the City's maintenance budgets to arrive at the proposed levels of special tax amounts on the various land uses and created CFD 2077-l in 2O77 .
The Resolution of lntention is the first step in the process of annexing new developments into CFD 2OL7-L This will be the first annexation into the CFD. The resolution also establishes April 78,2022, as the public hearing date for the final consideration of the annexation of the property into CFD 2OL7-1. Once the annexation is complete, the property owner of the Project will be required to pay annual special taxes for CFD 2O]-l-L, beginning in Fiscal Year 2022/2023 as itemized on their property tax bill in accordance with the rate set forth in the Rate and Method of Apportionment of Special Tax.
FA
=-/
The CFD 2OL7-l Rate and Method of Apportionment was established as part of the formation of the district and fixed Fiscal Year 2OL7/2018 as the base year for the annual special tax rate as shown in Exhibit B. Since the formation, assessments have increased based on a cost inflator allowed in the original formation documents.
The current special tax rate for the district is as shown in Exhibit C.
PROPOSAL:
To initiate proceedings to annex the Project into Community Facilities District No. 2017-1 (Public Services) to pay for the impact of the development on City services pertaining to landscaping, street maintenance, and police services.
RECOMMENDATION:
The recommended actions will declare the City Council's intent to annex into the CFD pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of L982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the "Act"), as amended, for the purpose of financing the landscaping, street maintenance, and police services.
ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEHACHAPT, CALIFORNIA DEC1ARING tTS INTENTION TO ANNEX TERRTTORY (TRACT MAP NO. 7363) TO A COMMUN|TY FACTL!flES DISTRICT AND TO AUTHORIZE THE IEVY OF SPECIAT TAXES THEREIN, THE CITY OF TEHACHAPT COMMUNITY FAC!L!T!ES DTSTRICT NO. 2017-1(PUBUC SERVTCESIANNEXATTON NO. 1
Page2of 2
CIDOF
EHACHAPI
LECALDEARWENT
RESOLUTION NO.
RESOTUTION OF THE CIW COUNCII OF THE CITY OF TEHACHAPI,
CATIFORNIA DECTARING ITS INTENTION TO ANNEX TERRITORY
(TRACT MAP NO. 7353) TO A COMMUNTW FACTUTTES DTSTRTCT
AND TO AUTHORIZE THE TEVY OF SPECIAT TAXES THEREIN, THE CIW OF TEHACHAPI COMMUNITY FACITITIES DISTRICT NO. 2OL7.T
(PUBLTC SERVTCES) ANNEXATTON NO. 1
WHEREAS, the City Council of the City of Tehachapi (the "City") has conducted proceedings to establish Community Facilities District No. 2017-1 (Public Services) (the "CFD") pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (the "Act"), Chapter
2.5 of Part 1 of Division 2 of Title 5, commencing at Section 53311, of the California Government Code; and
WHEREAS, under the Act, this Council, as the legislative body for the CFD, is empowered with the authority to annex territory to the CFD, and now desires to undertake proceedings to annex territory to the CFD.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEHACHAPI DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:
Section 1: This Council hereby finds and determines that public convenience and necessity require that territory be added to the CFD.
Section 2:
(Public Services)".
The name of the existing CFD is "Community Facilities District No. 2017-1 Section 3: The territory included in the existing CFD is as shown on the map thereof filed in Book 1 at Page 149 as lnstrument No. 217061568 of Maps of Assessment and Community Facilities Districts in the Kern County Recorder's Office, to which map reference is hereby made.
The territory now proposed to be annexed to the CFD is as shown on the Annexation Map No. 1 to the CFD, on file with the City Clerk, a copy of which is attached hereto as Exhibit A and made a part hereof, the boundaries of which territory are hereby preliminarily approved.
The City Clerk is hereby directed to cause the recordation of said Annexation Map No. 1 to the CFD, showing the territory to be annexed, in the Office of the County Recorder of the County of Kern within fifteen days of the date of adoption of this resolution.
Section 4: The types of public services financed by the CFD and pursuant to the Act consist of those services (the "Services") described in Exhibit A in Resolution No. 22-17 adopted by the Councilon the 5th day of June 2017, (the "Resolution of Formation"), a copy which is attached hereto as Exhibit B. lt is presently intended that the Services will be shared, without preference or priority, by the existing territory in the CFD and the territory proposed to be annexed to the CFD. lt has been determined that this project will intensify the use of the property, creating a need for more services under this CFD. 1 CIryOF
I FCAI I)TPARruENT
Section 5: Except to the extent that funds are otherwise available to the CFD to pay for the Services CFD, a Special Tax sufficient to pay the costs thereof is intended to be levied annually within the CFD and collected in the same manner as ordinary ad valorem property taxes. The proposed rate and method of apportionment of the special tax among the parcels of real property within the CFD, as now in existence and following the annexation proposed herein, and in sufficient detail to allow each landowner within the territory proposed to be annexed to the CFD to estimate the maximum amount such owner will have to pay, is described in Exhibit C, which is hereby incorporated by this reference.
Section 6: Notice is given that on April 18, 2022, at 6:00 p.m., in the regular meeting place of this Council, being the Tehachapi Police Department Community Room, located at22O West C Street, Tehachapi, California, the Council, as legislative body for the CFD, will conduct a public hearing on the annexation of territory to the CFD and consider and finally determine whether the public interest, convenience and necessity require said annexation of territory to the CFD and the levy of said special tax therein.
Section 7: The City Clerk is hereby directed to cause notice of said public hearing to be given by publication one time in a newspaper of general circulation in the area of the CFD.
The publication of said notice shall be completed at least seven days before the date herein set for said hearing. Said notice shall be substantially in the form specified in Section 53339.4 of the Act. The City Clerk shall also cause a copy of the Resolution of Annexation, or a notice thereof, to be mailed to each landowner (and to each registered voter, if any) within the territory proposed to be annexed, which resolution or notice shall be mailed at least fifteen days before the date of said hearing.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Tehachapi this 7th day of March 2022.
AYES
NOES:
ABSENT:
ABSTAIN:
PHILIP A. SMITH, Mayor of the
City of Tehachapi, California
2 '
FCAI DEARilFNT
ATTEST:
TORI MARSH, CMC, City Clerk of the City of
Tehachapi, California
I hereby certifi/ that the foregoing Resolution was duly and regularly adopted by the City Council of the City of Tehachapiat a regular meeting thereof held on the 7th day of March2022.
TORI MARSH, CMC, City Clerk of the City of
Tehachapi, California
3 EXHIBIT A
BOUNDARY MAP
VICINITY MAP
ANNEXANON IUAP NO. 1 TO
COMMUNTTY FACIUIIES DISTRICT NO. 2OI7.I
(PUBL|C SERVTCES)
CIIY OF TE}IACIIAPI
COIJNTY OF KERH
STATE OF CALIFORNIA
IEGEf,D IVIAP REFERTNCE
r'luMEER
ASSESSOR'S PANCEL
I{UM8!R
I 417-011-14
417-011-15
EffiI
o ItpMW
\,/wtt-lonN
Blvd +
3'YE
L J
T
l
EXHIBIT B
CITY OF TEHACHAPI
COMMUNITY FACILITIES DISTRICT NO. 2017.1
(PUBLTC SERVTCESI
DESCRIPTION OF SERVICES
The services (the "Services") described below are proposed to be financed by Community Facilities District No. 2017-1(Public Services) (the "CFD")of the City of Tehachapi (the "City"). The Services are in addition to those provided in the territory of the CFD before establishing the CFD. The Services do not supplant services already available within the territory of the CFD before establishing the CFD. Services are:
o Police Protection Services
o Landscaping Services
r Street Maintenance Services
Police Protection Services means the estimated and reasonable costs of providing Police Services, including but not limited to (i) the costs of contracting for police, (ii) the salaries and benefits of City staff, if the City directly provides Police Services, (iii) the expense related to equipment, apparatus, and supplies related to these services and authorized by the Act, and (iv) City overhead costs associated with providing such services within the CFD.
Landscaping Services means the labor, material, administration, personnel, equipment, contract services, and utilities (i.e., water and power) necessary to maintain landscaping improvements within, and associated with, the CFD, including trees, turf, ground cover, shrubs, weed removal, irrigation systems, sidewalk, drainage facilities, lighting, signs, monuments, graffiti removal, walkways, and associated appurtenant facilities located within, or associated with, the CFD and reasonable costs of providing park maintenance, including but not limited to (i) the costs of contracting for park maintenance services, including trees, plant material, restrooms, irrigation systems, sidewalks, drainage facilities, weed control, lighting, and parking lot maintenance, (ii) the salaries and benefits of City staff, including maintenance staff, that directly provide park maintenance services, (iii) the expense related to equipment, apparatus, and supplies related to these services and authorized by the Act, (iv) utility costs such as water, sewer, lighting and power and (v) City overhead costs associated with providing such services within the CFD.
Street Maintenance Services means the labor, material, administration, personnel, equipment and utilities necessary to maintain streets, streetlights, drainage, storm systems, and associated appurtenant facilities within, and associated with, the CFD, including City overhead costs associated with providing such services within the CFD.
The cost of the Services shall include incidental expenses, including the costs associated with forming the CFD, determination of the amount of the Special Taxes, collection of the Special Taxes, payment of the Special Taxes, costs incurred in order to carry out the authorized purposes of the CFD.
EXHIBIT C
City of Tehachapi
Community Facilities District No. 2017-1
(Public Services)
Rate and Method of Apportionment
A SpecialTax of City of Tehachapi Community Facilities District No. 2017-1 (Public Services) ("CFD") shall be levied on all Assessor's Parcels within the CFD and collected each Fiscal Year commencing in Fiscal Year 2Ot7- 18 in an amount determined by the Special Tax Administrator through the application of the rate and method of apportionment of the Special Tax set forth below. All of the real property in the CFD, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided.
A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
"Act'' means the Mello-Roos Community Facilities Act of 1982, being Chapter 2.5, Part 1, Division 2 of Title 5 of the Government Code of the State of California, as amended. "Administrative Expenses" means the following actual or reasonably estimated costs incurred by the City as administrator of the CFD, provided that such costs are directly related to administration of the CFD:
costs to determine, levy and collect the Special Taxes, including an allocable share of the salaries and benefits of City employees, the fees of consultants, and legal counsel; the costs of collecting installments of the Special Taxes upon the general tax rolls, including any charges levied by County departments; and the preparation of required reports and any other costs required to administer the CFD in accordance with the Act, as determined by the City.
"Annual Escalation Factor/' means the greater of (i) two percent (2%l or (ii) the annual percentage increase in the Consumer Price lndex for All Urban Consumers for the Los Angeles-Riverside-Orange County, CA area as determined by the Bureau of Labor Statistics for the twelve months ending the previous December.
"Assessor's Parcel" means a Lot or parcel of land shown on an Assessor's Parcel Map with a parcel number assigned by the Assessor of the County that corresponds to a number shown on the County Assessor's roll.
"Assessor's Parcel Map" means an official map of the Assessor of the County designating parcels by Assessor's Parcel number.
"Attached Residentia!" means an Assessor's Parcel within the CFD for which a Building Permit has been issued for purposes of constructing a residential structure or structures sharing common walls and/or common spaces, qualified as Attached Residential at the City's discretion, consisting of two or more Dwelling Units, including, but not limited to duplexes, triplexes, and apartment units, as of April 1't preceding the Fiscal Year in which the Special Tax is being levied. "Base Yea/' means Fiscal Year ending June 30, 2018.
"Building Floor Area" means the sum of the gross horizontal areas of several floors of the building, excluding areas used for accessory garage purposes, and such basement and cellar areas as are devoted exclusively to uses accessory to the operations of the building. All horizontal dimensions shall be taken from the exterior faces of walls including walls or other enclosures or enclosed porches, as obtained from the applicable Building Permit.
"Building Permit" means a permit issued for new construction of a residential or non-residential structure or parking lot. For purposes of this definition, except for Building Permits issued for Parking Property, "Building Permit" shall not include permits issued solely for grading, utility improvements, or other such improvements that are constructed and installed and are not intended for human occupancy. "CFD" means City of Tehachapi Community Facilities District No. 2017-1 (Public Services) "CiV' means the City of Tehachapi
"City Clerk" means the City Clerk for the City or his or her designee. "City Enginee/' means the City Engineer for the City or his or her designee "Commercial Property" means an Assessor's Parcel of Developed Property for which a building permit(s) has been issued for purposes of constructing non-residential property for any non-residential use located in a commercial zoning district and all other property considered commercial, including hotels, motels, and private schools, as coded by the County's assessor or as determined by the City, as of April 1st preceding the Fiscal Year in which the Special Tax is being levied. "Council" means the City Council of the City, acting as the legislative body of the CFD "County" means the County of Kern, California
"Detached Residential" means an Assessors' Parcel within the CFD for which a Building Permit has been issued for purposes of constructing a residential structure consisting of one single-family detached Dwelling Unit, including Mobile Homes, as of April 1st preceding the Fiscal Year in which the Special Tax is being levied.
"Developed Propefi" means an Assessor's Parcel within the CFD for which a Building Permit was issued on or prior to April 1st preceding the Fiscal Year in which the Special Tax is being levied, based on the number of Dwelling Units or the amount of Office, Commercial, or lndustrial/Agricultural Building Floor Area in each Building Permit or the amount of Parking Lot Area per City or County records for that Assessor's Parcel.
"Dwelling Unit" means each separate residential unit that comprises an independent facility capable of conveyance or rental separate from adjacent residential units, in which a person or persons may live, which comprises an independent facility and is not considered to be for non-residential use only, and as defined in the City of Tehachapi's Municipal Code.
"Exempt Propert/' means for each Fiscal Year, an Assessor's Parcel within the CFD not subject to the Special Tax. Exempt Property includes: (i) Public Property, (ii) Property Owner Association Property, (iii) Assessor's Parcels with public or utility easements making impractical their utilization for other than the purposes set forth in the easement such as railroad parcels, roads and landscape lots, (iv) Undeveloped Property and (v) property reasonably designated by the City or Special Tax Administrator as Exempt Property due to deed restrictions, conservation easement, or similar factors that may make development of such property impractical for human occupancy.
"Final Map" means an Assessor's Parcel Map, a Final Subdivision Map, parcel map, condominium plan, or any other map functionally considered to be an equivalent development map that has been recorded in the Office of the County Recorder.
"Fiscal Yea/' means the period starting July 1 and ending on the following June 30. "lndustrial/Business Park/Agricultural Processing Property'' means an Assessor's Parcel of Developed Property for which a building permit(s) has been issued for purposes of constructing non-residential property for any allowable use in an industrial or agricultural zoning district, which is not an office or financial institution, and all other property considered industrial or agricultural as coded by the County's assessor or as determined by the City, as of April 1't preceding the Fiscal Year in which the SpecialTax is being levied.
"Landscaping Maintenance" means the labor, material, administration, personnel, equipment, contract services, and utilities (i.e., water and power) necessary to maintain landscaping improvements within, and associated with, the CFD, including trees, turf, ground cover, shrubs, weed removal, irrigation systems, sidewalk, drainage facilities, lighting, signs, monuments, graffiti removal, walkways, and associated appurtenant facilities located within, or associated with, the CFD and reasonable costs of providing park maintenance, including but not limited to (i) the costs of contracting for park maintenance services, including trees, plant material, restrooms, irrigation systems, sidewalks, drainage facilities, weed control, lighting, and parking lot maintenance, (ii) the salaries and benefits of City staff, including maintenance staff, that directly provide park maintenance services, (iii) the expense related to equipment, apparatus, and supplies related to these services and authorized by the Act, (iv) utility costs such as water, sewer, lighting and power and (v) City overhead costs associated with providing such services within the CFD. "Landscaping Maintenance Requirement" means, for any Fiscal Year in which Special Taxes are levied, the amount equal to the budgeted costs for Landscaping Maintenance applicable to the CFD for such Fiscal Year.
"Land Use Class" means any of the classes listed in Table l and defined herein. "Lot" means an individual legal lot created by a Final Map for which a Building Permit could or has been issued.
"Lot Area" means the gross horizontal area of the Lot or Assessor's Parcel "Maximum Special Tax" means the maximum Special Tax, determined in accordance with Section C below, that can be levied by the CFD in any Fiscal Year on any Assessor's Parcel. "Mixed-Use Propefi" means an Assessor's Parcel of Developed Property containing or planned for containing a structure or structures that consists of one or more Dwelling Units, but also has dedicated space for Non-Residential use.
"Mobile Home" means a vehicle designed and equipped for human habitation as defined by the California Health & Safety Code 5 L8008.
"Non-Residential" means an Assessor's Parcel of Taxable Property within the CFD for which a Building Permit has been issued for a non-residential use, including Office Property, Commercial Property, and I nd ustria l/Business Pa rk/Agricu ltu ra I Processing Property. "Office Properff' means an Assessor's Parcel of Developed Property for which a building permit(s) has been issued for purposes of constructing non-residential property for any non-residential use located in an industrial, office, or commercial zoning district and all other property considered office property, including hospitals and convalescent homes, savings and loans property, medical and dental property, and other office buildings, as determined by the City, as of April 1st preceding the Fiscal Year in which the Special Tax is being levied.
"Patk" means a public park, open space, trail, dog park dedicated to and/or managed by the City of Tehachapi.
"Parking Propefi" means an Assessor's Parcel of Taxable Property within the CFD whose use is totally for parking of vehicles.
"Police Services" means the estimated and reasonable costs of providing Police Services, including but not limited to (i) the costs of contracting for police, (ii) the salaries and benefits of City staff, if the City directly provides Police Services, (iii) the expense related to equipment, apparatus, and supplies related to these services and authorized by the Act, and (iv) City overhead costs associated with providing such services within the CFD.
"Police Services Requirement" means, for any Fiscal Year in which SpecialTaxes are levied, the amount equal to the budgeted costs for Police Services applicable to the CFD for such Fiscal Year. "Property Owner Association Propert/' means for each Fiscal Year any property within the CFD that is owned by, or irrevocably dedicated as indicated in an instrument recorded with the County Recorder, to a property owner association, including any master or sub-association, which consists of property owned in common by owners of surrounding properties and it is intended for use for community purposes. "Proportionately'' means, for Taxable Property, that the ratio of the actual Special Tax levied per Assessor's Parcel of Taxable Property to the Maximum Special Tax per Assessor's Parcel of Taxable Property is equal for all Assessor's Parcels of Taxable Property. "Public Property" means for each Fiscal Year any property within the CFD that is, or is expected to be, used for rights-of-way, parks, public schools or any other public purpose determined by the Special Tax Administrator or is owned by or irrevocably offered for dedication to the federal government, the State, the County, the City or any other public agency.
"Reserve Fund" means a fund that shall be created and maintained for the CFD for each Fiscal Year to provide necessary cash flow to cover maintenance and operational cost overruns, and delinquencies in the payment of Special Taxes.
"SpecialTax" means the SpecialTax to be levied in each FiscalYear on each Assessor's Parcel of Taxable Property to fund the Special Tax Requirement, and shall include Special Taxes levied or to be levied under Sections C and D, below.
"SpecialTax Administratoy'' means an official of the City, or designee thereof, responsible for determining the Special Tax Requirement and providing for the levy and collection of the Special Taxes. "Special Tax Requirement" means that amount required in any Fiscal Year for the CFD to pay for (i) the Landscaping Maintenance Requirement, (ii) the Police Services Requirement, (iii) the Street Maintenance Requirement, (iv) Administrative Expenses of the CFD, and (v) and any amounts required to establish or replenish a Reserve Fund for that Fiscal Year.
"State" means the State of California
"Street Maintenance" means the labor, material, administration, personnel, equipment and utilities necessary to maintain streets, streetlights, drainage, storm systems, and associated appurtenant facilities within, and associated with, the CFD, including City overhead costs associated with providing such services within the CFD.
"Street Maintenance Requirement" means, for any Fiscal Year in which Special Taxes are levied, the amount equal to the budgeted costs for Street Maintenance applicable to the CFD for such Fiscal Year. 'Taxable Proper$' means all Assessor's Parcels of Developed Property within the CFD that are not Exempt from the Special Tax pursuant to law or as defined herein. "Undeveloped Property'' means, for each Fiscal Year, an Assessor's Parcel within the CFD for which a Building Permit has not been issued on or prior to April 1't preceding the Fiscal Year in which the Special Tax is being levied and is not classified as Property Owner Association Property or Public Property, including an Assessor's Parcel that is designated as a remainder parcel by any final documents and/or maps available to the Special Tax Administrator.
B. ASSIGNMENTTO LAND USE CATEGORIES
For each Fiscal Year, commencing with Fiscal Year 2077-t8, using the definitions above, each Assessor's Parcel within the CFD shall be classified as Taxable Property or Exempt Property. ln addition, each Fiscal Year, beginning with Fiscal Year 2Ot7-t8, Taxable Property shall be further classified as Attached Residential, Detached Residential, Mixed-Use Property, Office Property, Commercial Property, lndustrial/Business Park/Agricultural Processing Property, or Parking Property. c. MAXIMUM SPECIAL TAX RATE
t. Developed Property
Table 1
Maximum Special Tax for Developed Property
Community Facilities District No. 2017-1 (Public Services) FiscalYear 2Ot7-18
Land
Use
Class
Description
1 Detached Residential 5920.00 per Dwelling Unit
2 Attached Residential 5690.00 per Dwelling Unit
3 Mixed-Use Property Sum of Maximum Special Tax for each applicable Land Use Class
4 Office 50.94 per square foot of Building Floor Area
5 Commercial 50.66 per square foot of Building Floor Area 6 lnd ustrial/Business
Park/Agricultura I
Processing
$0.+t per square foot of Building Floor Area
7 Parking Property SO.Z3 per square foot of Lot Area
For each Fiscal Year following the Base Year, the Maximum Special Tax rates in Table 1 shall be increased by the Annual Escalation Factor. A different Maximum SpecialTax may be added to the CFD as a result of future annexations or if future annexations involve a new Land Use Class.
2. Exempt Property
No Special Tax shall be levied on Exempt Property as defined in Section A.
For each Fiscal Year, if the use or ownership of an Assessor's Parcel of Exempt Property changes so that such Assessor's Parcel is no longer classified as one of the uses set forth in Section A, therefore making such Assessor's Parcel no longer eligible to be classified as Exempt Property, such Assessor's Parcel shall be deemed to be Taxable Property and shall be taxed pursuant to the provisions of Section C.1.
Maximum SpecialTax
E.
D. ME|HOD OF APPORTIONMENT OFTHE SPECIALTN(
Commencing with Fiscal Year 2Ot7-L8, and for each subsequent FiscalYear, the SpecialTax Administrator shall calculate the Special Tax Requirement based on the definitions in Section A and levy the Special Tax as follows untilthe amount of the SpecialTax levied equals the SpecialTax Requirement:
The Special Tax shall be Proportionately levied each Fiscal Year on each Assessor's Parcel of Developed Property up to 100% of the applicable Maximum Special Tax. The applicable Maximum Special Tax shall be based on the Developed Proper$s classification as Detached Residential, Attached Residential, Mixed-Use Property, Office, Commercial, lndustrial/Business Park/Agricultural Processing Property, or Parking Property.
APPEALS
Any landowner who pays the Special Tax and believes that the amount of the Special Tax levied on their Assessor's Parcel is in error shall first consult with the Special Tax Administrator regarding such error. lf following such consultation, the Special Tax Administrator determines that an error has occurred, the Special Tax Administrator may amend the amount of the Special Tax levied on such Assessor's Parcel. lf following such consultation and action, if any, the landowner believes such error still exists, such person may file a written notice with the City Clerk of the City appealing the amount of the SpecialTax levied on such Assessor's Parcel. Upon the receipt of any such written notice, the City Clerk shall fonruard a copy of such notice to the City Finance Director, who shall either (1) refer the matter to the City's existing hearing board for administrative appeals; or (2) establish as part of the proceedings and administration of the CFD, a special three-member Review/Appeal Committee. The Review/Appeal Committee may establish such procedures, as it deems necessary to undertake the review of any such appeal. The hearing board or Review/Appeal Committee shall interpret this Rate and Method of Apportionment and make determinations relative to the annual administration of the Special Tax and any landowner appeals, as herein specified. The decision of the hearing board or Review/Appeal Committee shall be final and binding as to all persons.
F. MANNER OF COLLECT/oN
Special Taxes levied pursuant to Section D above shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided however that (i) the CFD may directly bill the Special Tax, and (ii) the CFD may collect SpecialTaxes at a different time or in a different manner if necessary to meet the financial obligations of the CFD or as otherwise determined appropriate by the City Council.
G. TERM OF SPECIALTN(
Taxable Property in the CFD shall remain subject to the SpecialTax in perpetuity or untilthe City Counciltakes appropriate actions to terminate the Special Tax pursuant to the Act.