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, JUNE 20, 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.
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
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, JUNE 20, 2022 - 6:00 P.M. - PG. 2
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.
1. 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. 40-22
Tehachapi City Council Unassigned Ord. No. 22-06-771
Tehachapi Redevelopment Successor Agency Unassigned Res. No. 01-22 Tehachapi Public Financing Authority Unassigned Res. No. 01-22 * 2. Minutes for the Tehachapi City Council, Tehachapi Redevelopment Successor Agency, Tehachapi Public Financing Authority, and the Tehachapi City Financing Corporation regular meeting and special meeting held on June 6, 2022 – APPROVE AND FILE
* 3. Disposition of Property – ADOPT A RESOLUTION AUTHORIZING THE DISPOSITION OF CITY OWNED
PROPERTY
* 4. Conflict of Interest Code amendment as required by the Political Reform Act – ADOPT A RESOLUTION
APPROVING AN AMENDMENT TO THE CONFLICT-OF-INTEREST CODE * 5. Agreement with Hanzel Enterprises and Rich’s Tractor Work for weed abatement services – APPROVE AND AUTHORIZE THE MAYOR TO SIGN AN AGREEMENT WITH HANZEL ENTERPRISES AND RICH’S
TRACTOR WORK, SUBJECT TO APPROVAL BY THE CITY MANAGER AND CITY ATTORNEY
6. The City Council will appoint two members to the City of Tehachapi Planning Commission to fill vacancies to expire on June 30, 2022. The City Clerk’s office received applications from two qualified applicants: Kim Nixon and Linda Hollinsworth – APPOINT TWO MEMBERS TO THE CITY OF TEHACHAPI PLANNING COMMISSION TO COMPLETE A TERM TO EXPIRE ON JUNE 30, 2026
7. General Municipal Election – ADOPT A RESOLUTION CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2022, FOR THE
ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES; ADOPT A RESOLUTION REQUESTING THE BOARD
OF SUPERVISORS OF THE COUNTY OF KERN TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 8, 2022, WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THE DATE PURSUANT TO §10403 OF THE ELECTIONS CODE; ADOPT A RESOLUTION ADOPTING
REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2022
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, JUNE 20, 2022 - 6:00 P.M. - PG. 3
FINANCE DIRECTOR REPORTS
* 8. Disbursements and bills for June 3, 2022 through June 14, 2022 - AUTHORIZE PAYMENTS
9. Disbursements and bills for RSI Petroleum for June 3, 2022 through June 14, 2022 – AUTHORIZE
PAYMENTS
* 10. City of Tehachapi Treasurer’s report through May 2022 – RECEIVE REPORT
AIRPORT MANAGER REPORTS
* 11. Aeronautical Ground Lease Agreement – Hangar 38W – APPROVE THE AERONAUTICAL GROUND LEASE AGREEMENT FOR HANGAR 38W BETWEEN THE CITY OF TEHACHAPI AND PAUL NAFZIGER,
AND AUTHORIZE THE MAYOR TO SIGN
PUBLIC WORKS DIRECTOR REPORTS
12. Citywide Landscape Maintenance Services agreement – APPROVE THE AGREEMENT BETWEEN THE CITY OF TEHACHAPI AND BRIGHTVIEW LANDSCAPE SERVICES, INC. FOR LANDSCAPE MAINTENANCE
SERVICES AND AUTHORIZE THE MAYOR TO SIGN
13. Nitrate Treatment Feasibility Study - AUTHORIZE AECOM TO PROCEED WITH THE NITRATE TREATMENT FEASIBILITY STUDY IN THE AMOUNT OF $54,704.00 USING THE EXISTING ON CALL
MASTER SERVICES AGREEMENT AND AUTHORIZE THE CITY MANAGER TO APPROVE CHANGE ORDERS UP TO 10% OF THE ORIGINAL CONTRACT AMOUNT OR ($5,470)
CITY ATTORNEY REPORTS
* 14. Specialized Legal Services – APPROVE THE LEGAL SERVICES AGREEMENT BETWEEN THE CITY OF
TEHACHAPI AND KLEIN DENATALE, GOLDNER, COOPER, ROSENLIEB AND KIMBALL, LLP AND
AUTHORIZE THE MAYOR TO SIGN
CITY MANAGER REPORTS
15. Report to Council regarding current activities and programs – VERBAL REPORT
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.
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, JUNE 20, 2022 - 6:00 P.M. - PG. 4
CLOSED SESSION
1. Closed Session minutes of June 6, 2022 meeting – APPROVE AND FILE
2. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: 1 case
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. al.
ADJOURNMENT
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, JUNE 6, 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 Wiggins, Councilmember Pogon-Cord, and Councilmember Scrivner
Absent: None
INVOCATION
Led by Pastor Kevin Caudle, Tehachapi Christian Life Assembly Church
PLEDGE TO THE FLAG
Led by Councilmember Pogon-Cord
CONSENT AGENDA Approved
Da/Po Ayes All
AUDIENCE ORAL AND WRITTEN COMMUNICATIONS
1. Public comment
CITY CLERK REPORTS
* 2. Minutes for the Tehachapi City Council, Tehachapi Redevelopment Successor Agency, Tehachapi Public Financing Authority, and the Tehachapi City Financing Corporation regular meeting May 16, 2022 – APPROVED AND FILED Approved And Filed
Da/Po Ayes All
Tehachapi City Council Regular Meeting – Monday, June 6, 2022 Tehachapi Redevelopment Successor Agency Regular Meeting Tehachapi Public Financing Authority Regular Meeting And Tehachapi City Financing Corporation Regular Meeting ACTION TAKEN
FINANCE DIRECTOR REPORTS
* 3. Disbursements and bills for May 10, 2022 through June 2, 2022 - AUTHORIZED
PAYMENTS
Authorized Payments
Da/Po Ayes All
4. Disbursements and bills for RSI Petroleum for May 10, 2022 through June 2, 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
5. City of Tehachapi Treasurer’s Report through April 2022 – FINANCE DIRECTOR HAMED JONES GAVE STAFF REPORT; RECEIVED REPORT
Received Report
* 6. Appropriation Limit for the Fiscal Year 2022/2023 – ADOPTED RESOLUTION NO. 37-22 ESTABLISHING AN APPROPRIATION LIMIT PURSUANT TO ARTICLE XIII B OF THE CALIFORNIA CONSTITUTION AND REPEALING RESOLUTION NO. 27-21 Adopted Resolution No. 37-22
Establishing An Appropriation
Limit Pursuant To Article Xiii B Of
The California Constitution And
Repealing Resolution No. 27-21
Da/Po Ayes All
* 7. Investment Policy update – ADOPTED RESOLUTION NO. 38-22 ADOPTING AN INVESTMENT POLICY AND REPEALING RESOLUTION NO. 26-21
Adopted Resolution No. 38-22
Adopting An Investment Policy
And Repealing Resolution No.
26-21
Da/Po Ayes All
AIRPORT MANAGER REPORTS
* 8. Aeronautical Ground Lease Agreement – Hangar I – APPROVED THE
AERONAUTICAL GROUND LEASE AGREEMENT FOR HANGAR I BETWEEN THE
CITY OF TEHACHAPI AND DAVE OLSSON AND LORRI BUSSE
Approved The Aeronautical
Ground Lease Agreement For
Hangar I Between The City Of
Tehachapi And Dave Olsson And
Lorri Busse
Da/Po Ayes All
9. Hangar construction and Aeronautical Hangar Ground Lease – AIRPORT MANAGER ASHLEY WHITMORE GAVE STAFF REPORT; APPROVED THE
AERONAUTICAL GROUND LEASE AGREEMENT BETWEEN THE CITY OF
TEHACHAPI AND BRUCE GLENN AND AUTHORIZED THE MAYOR TO SIGN,
SUBJECT TO CITY MANAGER AND CITY ATTORNEY APPROVAL
Approved The Aeronautical
Ground Lease Agreement
Between The City Of Tehachapi
And Bruce Glenn And Authorized
The Mayor To Sign, Subject To
City Manager And City Attorney
Approval
Sc/Po Ayes All
DEVELOPMENT SERVICES DIRECTOR
10. Program Supplement Agreement No. 00000A033 to Administering Agency-State Agreement for State Funded Projects, Agreement No. 09-5184S21 No. ATP-5184 (040) and resolution for the Dennison Road Bicycle/Pedestrian Corridor Improvement Project – DEVELOPMENT SERVICES DIRECTOR JAY SCHLOSSER GAVE STAFF REPORT; ADOPTED RESOLUTION NO. 39-22 AUTHORIZING THE MAYOR TO SIGN AND EXECUTE PROGRAM SUPPLEMENT AGREEMENT NO. 00000A033 TO ADMINISTERING AGENCY-STATE MASTER AGREEMENT FOR STATE FUNDED PROJECTS, AGREEMENT NO. 09-5184S21, PROJECT NO. ATP5184 (040) Adopted Resolution No. 39-22
Authorizing The Mayor To Sign
And Execute Program
Supplement Agreement No.
00000a033 To Administering
Agency-State Master Agreement
For State Funded Projects,
Agreement No. 09-5184s21,
Project No. Atp-5184 (040)
Wi/Po Ayes All
Tehachapi City Council Regular Meeting – Monday, June 6, 2022 Tehachapi Redevelopment Successor Agency Regular Meeting Tehachapi Public Financing Authority Regular Meeting And Tehachapi City Financing Corporation Regular Meeting ACTION TAKEN
CITY ATTORNEY REPORTS
* 11. The Annual City Attorney’s Conference sponsored by the League of California Cities is being held on September 7-9. The City attorney attends this conference each year to obtain the latest information on the changes in the law, approaches taken by other cities with regard to common issues that each city must address, and for networking with other city attorneys and legal staff. Attendance at these conferences ensures that the City stays up to date on the latest legislation and programs that affect the City. The City attorney shares with the cost with one other city. – AUTHORIZED THE CITY ATTORNEY TO ATTEND THE LEAGUE OF CALIFORNIA CITIES ATTORNEY’S CONFERENCE ON SEPTEMBER 7-9, 2022 AT A COST TO THE CITY FOR REGISTRATION, LODGING, AND EXPENSES OF $539.00 Authorized The City Attorney To
Attend The League Of California
Cities Attorney’s Conference On
September 7-9, 2022 At A Cost
To The City For Registration,
Lodging, And Expenses Of
$539.00
Da/Po Ayes All
CITY MANAGER REPORTS
12. Report to Council regarding current activities and programs – VERBAL REPORT
COUNCILMEMBER REPORTS
CLOSED SESSION
1. Closed Session minutes of May 16, 2022 meeting – APPROVED AND FILE Approved And Filed Wi/Da Ayes All
2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: Hangar 38W
Agency Negotiating Party: City Manager, Airport Manager Negotiating Party: Ralph Wise
Under Negotiation: Possible exercise of City’s right of first refusal to purchase Hangar 38W
City Declined To Exercise Its
Right Of First Refusal To
Purchase Hangar 38W
Sc/Wi Ayes All
3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: Assessor Parcel Number: 040-450-13
Agency Negotiating Party: City Manager, Airport Manager Negotiating Party: Bonnie Lou Housholder
Under Negotiation: Price and Terms of Payment
No Reportable Action
4. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: 1 case
No Reportable Action
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.
No Reportable Action
Tehachapi City Council Regular Meeting – Monday, June 6, 2022 Tehachapi Redevelopment Successor Agency Regular Meeting Tehachapi Public Financing Authority Regular Meeting And Tehachapi City Financing Corporation Regular Meeting ACTION TAKEN
ADJOURNMENT
The City Council/Boards adjourned at 6:50 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, June 20, 2022 at 6:00 pm.
Adjourned At 6:50 p.m.
__________________________________
TORI MARSH, CMC
City Clerk, City of Tehachapi, California
Approved this 20Th day
Of June 2022.
___________________________
PHILIP A. SMITH
Mayor, City of Tehachapi, California
TEHACHAPI POLICE DEPARTMENT COMMUNITY ROOM
220 WEST C STREET
MINUTES
TEHACHAPI CITY COUNCIL SPECIAL MEETING,
TEHACHAPI REDEVELOPMENT SUCCESSOR AGENCY SPECIAL MEETING,
TEHACHAPI PUBLIC FINANCING AUTHORITY REGULAR SPECIAL, AND
TEHACHAPI CITY FINANCING CORPORATION SPECIAL MEETING
MONDAY, JUNE 6, 2022 – 4:00 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 4:02 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
PLEDGE TO THE FLAG
Led by City Manager, Greg Garrett
AUDIENCE ORAL AND WRITTEN COMMUNICATIONS
BUSINESS
CITY MANAGER/FINANCE DIRECTOR REPORTS
Councilmember Scrivner left the meeting at 5:44pm
1. Five-year budget for Fiscal-Years 2022/23 through 2026/27 and 2022/23 Salary Schedule – CITY MANAGER GREG GARRETT GAVE STAFF REPORT; ADOPTED RESOLUTION NO. 35-22 APPROVING THE CITY OF TEHACHAPI BUDGET FOR THE FISCAL YEAR 2022/23 THE PRELIMINARY BUDGET FOR FISCAL YEARS 2023/2024, 2024/2025, 2025/2026, AND 2026/2027; ADOPTED RESOLUTION NO. 36-22 ESTABLISHING THE SALARY PLAN FOR EACH POSITION CLASSIFICATION IN CITY SERVICE AND REPEALING RESOLUTION NO. 57-21 Adopted Resolution No. 35-22
Approving The City Of Tehachapi
Budget For The Fiscal Year
2023/24 The Preliminary Budget
For Fiscal Years 2023/2024,
2024/2025, 2025/2026, And
2026/2027; Adopted Resolution
No. 36-22 Establishing The Salary
Plan For Each Position
Classification In City Service And
Repealing Resolution No. 57-21
Wi/Po Motion Carried
Ab Sc
Tehachapi City Council Regular Meeting – Monday, June 6, 2022 Tehachapi Redevelopment Successor Agency Regular Meeting Tehachapi Public Financing Authority Regular Meeting And Tehachapi City Financing Corporation Regular Meeting ACTION TAKEN
ADJOURNMENT
The City Council/Boards adjourned at 5:45 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, June 6, 2022 at 6:00 pm.
Adjourned At 5:45 pm
__________________________________
TORI MARSH, CMC
City Clerk, City of Tehachapi, California
Approved this 20th day
Of June 2022.
___________________________
PHILIP A. SMITH
Mayor, City of Tehachapi, California
CITY OF
TE HAC HAPI
CALIFORNIA
COUNCIL REPORTS
MEETTNG DATE: JUNE 20,2022 AGENDA SECTION: CITY CLERK
APPROVED
DEPARTMENT
CITY
TO: HONORABLE MAYOR SMITH AND COUNCIL MEMBERS
FROM: ASHLEY WHITMORE, GENERAL SERVICES DIRECTOR
DATE: tuNE L4,2022
SUBJECT: DISPOSITION OF CITY OWNED PROPERTY
BACKGROUND
The City is in possession of a number of items which are either inoperable or no longer serve a purpose for City business. Prior to donating, selling or disposing of any items, the City Council must adopt a resolution authorizing their disposition.
A list of items set for disposition is attached.
RECOMMENDATION
ADOPTA RESOLUTTON AUTHORIZING THE DISPOSTTION OF CITY OWNED PROPERW
CITY OF
TEHACHAPI
LEGALDEPARTMENT
RESOLUTION NO.
A RESOTUTION OF THE CITY COUNCTT OF THE CITY OF
TEHACHAPI AUTHORIZING THE DISPOSITION OF CITY OWNED
PROPERTY
WHEREAS, the City of Tehachapi ("City") has in its possession numerous items of personal property which are either outdated or inoperable, a list of which is attached hereto as Exhibit "A" and by this reference made a part hereof; and WHEREAS, as to those items listed as "Outdated", they are not able to be updated and therefore have no value for continued use; and
WHEREAS, as to those items identified as "lnoperable", they are either irreparable or cannot be made operable at a cost which justifies doing so; and WHEREAS, as to those items identified as "incompatible", they are not compatible with current equipment needed for its use; and
WHEREAS, pursuant to Government Code Section 37350, the City Council of the City of Tehachapi has the authority to sell, give or otherwise dispose of said property in any manner that it chooses.
NOW, THEREFORE, BE lT RESOTVED BY THE CITY COUNCII OF THE CITY OF TEHACHAPT that the city owned property described in Exhibit "A" shall be sold at public bids, donated, or disposed of at the landfill in a manner as is authorized by law. 3 CITYOF
TT}IACHAPI
LEGAL DEPARTMENT
PASSED, APPROVED AND ADOPTED by the City Council of the City of Tehachapi at a regular meeting this 20th day of June,2022.
AYES:
NOES:
ABSTAIN
ABSENT:
PHILIP A. SMITH, MAYOR
City of Tehachapi, California
ATTEST:
TORI MARSH, CMC, CIW 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 June 20, 2022.
TORI MARSH, CMC, CIW CLERK
City of Tehachapi, California
3 CITYOF
TEIIACHAPI
LEGALDEPARTMENT
Exhibit A
Disposition List
Description Reason for Disposition:
Dust Mitigation Solution Containers 4'x4'x4'
Approx. 24 containers lncompatible
3 TE
Y Of
HAC HAPI
CALIFORNIA
COUNCIL REPORTS
MEETING DATE: June 20, 2022 AGENDA SECTION: Clry CLERK
APPROVED
DEPARTMENT
CITY MANAGE
TO: HONORABLE MAYOR SMITH AND COUNCIL MEMBERS
FROM: ASHLEY WHITMORE, GENERAL SERVICES D!RECTOR
DATE: JUNE 15,2022
SUBJECT: 2022 CON FTICT-OF.!NTEREST CODE AMENDMENT
BACKGROUND
Under the Political Reform Act, all public agencies are required to adopt a conflict of interest code and update it every two years. The City of Tehachapi's code was adopted by Resolution No. 27-80 and thereafter amended as needed. A code designates positions required to file Statements of Economic lnterests (Form 700), and assigns disclosure categories specifying the types of interests to be reported. A designated employee is an officer, employee, member, or consultant of an agency whose position is designated in the code because the position entails the making or participation in the making of governmental decisions that may have a material effect on his or her financial interest. The Form 700 is a public document intended to alert public officials and members of the public to the types of financial interests that may create conflicts of interests.
The following changes are being made to the conflict-of-interest code:
Addition of certain positions that may have a potential conflict of interest. Some of these positions currently may not be filled.
o General Services Director
o Assistant Police Chief
o Deputy Public Works Director
o Planning Manager
o FinancialServicesManager
Correction to position title:
o Chief Building tnspector updated to Chief Building Official
RECOMMENDATION
ADOPT A RESOLUTION APPROVING AN AMENDMENT TO THE CONFTICT.OF-INTEREST CODE YOF
]ACHAPI
;AL DEPARTMENT
RESOLUTION NO.
A RESOTUTION OF THE CITY COUNCIT OF THE CITY OF
TEHACHAPI ADOPTING AN AMENDED CONFTICT OF
INTEREST CODE
WHEREAS, the City of Tehachapi previously adopted a Conflict Of lnterest Code by Resolution No.47-17; and
WHEREAS, by this Resolution, the City is adopting a new updated Conflict of lnterest Code; and
WHEREAS, the foregoing Conflict of lnterest Code shall replace all prior Conflict of lnterest Codes previously adopted by the City; and WHEREAS, the City Council desires to designate persons holding positions listed in Exhibit A as bodies that are subject to this code.
NOW, THEREFORE, BE IT RESOLVED THAT THE CIW COUNCIL OF THE CITY OF TEHACHAPI does hereby find, determine and declare as follows:
\. The Political Reform Act, Government Code Section 81000, et seq., requires local government agencies to adopt and promulgate conflict of interest codes. The Fair Political Practices Commission has adopted a regulation, 2 Cal. Code of Regs. Section 78730, which contain the terms of a standard conflict of interest code, which can be incorporated by reference, and which may be amended by the Fair Political Practices Commission after public notice and hearing to conform to amendments in the Political Reform Act. Therefore, the term of 2 Cal. Code of Regs.
Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference, and, along with the attached Exhibit A and B, in which members and employees are designated and disclosure categories are set forth, constitute the Conflict of lnterest Code for the City of Tehachapi, which is considered the "agency" within the purview of this code.
2. Designated employees shall file their statements with the City Clerk of YOF
]ACHAPI
;AL DEPARTMENT
the City of Tehachapi. Statements for all designated employees will be retained by the City and will be available for inspection and reproduction pursuant to Government Code Section 81008.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Tehachapi at a regular meeting this 20th day of June, 2022.
AYES:
NOES
ABSENT:
ABSTAIN:
PHILIP A. SMITH, Mayor
City of Tehachapi, California
ATTEST:
TORI MARSH, CMC
City Clerk
City of Tehachapi, California
I hereby certifo 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 June 20,2022.
TORI MARSH, CMC
City Clerk
City of Tehachapi, California
EXHIBIT A
DESrG NATED EM PLOYEES/M EMBERS
POSITIONS DISCLOSURE CATEGORIES
YOF
]ACHAPI
;AL DEPARTMENT
Development Services Director
Planning Manager
Senior Planner
Planner
Assistant City Manager
Finance Director
Financial Services Manager
Public Works Director
Deputy Public Works Director
Police Chief
Assistant Police Chief
Chief Building Official
Building lnspector
Code Enforcement
General Services Director
Airport Manager
City Clerk
City Engineer
Assistant City Engineer
Administrative Manager
Economic Development Coordinator
Consultants and General Contractors
L
L
L
1 L
L
1 L
L
t
1 1
3,4
3,4
1 1
L
L
3,4
1 3,4
2,3,4
*The Mayor, Members of the City Council, Members of the Planning commission, the City Manager, City Attorney, and all other City officials who manage public investments as defined by 2 Cal. Code of Regs. 518701 (b) are not subject to the City's code but are subject to the disclosure requirements of the Political Reform Act Government Code 587200 et. Seq. [2 Cal. Code of Regs. $18730(bX3)] **The City Manager may determine in writing that a particular consultant, although a "designated position," is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements in this section.
Such written determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of disclosure requirements.
The City Manager's determination is a public record and shall be retained for public inspection in the same manner and location as this conflict of interest code.
YOF
{ACHAPI
]AL DEPARTMENT
EXHIBIT B
DISCLOSURE CATEGORIES
The following disclosure categories identify the types of investments, business entities, sources of income, or real property, which the Designated Employee/Member must disclose for each disclosure category to which he or she is assigned.
Categorv 1
lnterests in real property located within the City of Tehachapi or within two miles of the boundaries of the City or within two miles of any land owned or used by the City, as well as investments, business positions and sources of income, including gifts, loans and travel payments. (Full Disclosure)
Catesory 2
All investments, business positions and income, including gifts, loans, and travel payments, from sources that provide leased facilities, goods, equipment, vehicles machinery or services, including training or consulting services, of the type utilized by the City.
Catesorv 3
All investments, business positions and income, including gifts, loans and travel payments, from sources that are subject to the regulatory, permit, or licensing authority of, or have an application for a license or permit pending before the City.
Category 4
All investments, business positions and income, including gifts, loans and travel payments, from sources that are engaged in land development, construction or the acquisition, or sale of real property within the jurisdiction of the City.
CITY OF
TE HAC HAPI
CALIFORNIA
COUNCIL REPORTS
MEETING DATE: JUNE 20,2022 AGENDA SECTION: CITY CLERK
APPROVED
DEPARTMENT
CITY MANAGE
TO HONORABLE MAYOR SMITH AND COUNCIL MEMBERS
ASHLEY WHITMORE, GENERAL SERVICES DIRECTOR
JUNE 16,2022
SUBJECT: WEED ABATEMENT AGREEMENTS
FROM:
DATE:
BACKGROUND
Each year the City notifies property owners within the City of Tehachapi about the requirements for weed abatement. The term "weed abatement" is used to address any overgrowth, noxious grasses, weeds, shrubbery, or trees. Weed abatement standards have been designed to minimize fire hazards throughout the City of Tehachapi, therefore, reducing the risk of loss of life and property. Through the abatement efforts of all property owners, citizens can be assured of a safer fire season. lf a property owner fails to comply with the abatement notice, the City will have a contractor mow the hazardous vegetation. The property owner will be billed for the cost of the work (contractor costs plus an administrative fee to cover the City's cost of the inspection) and if the City fails to receive payment the cost will be recovered by placing a tax lien against the property in the amount due.
Over the past several years, the City has utilized Jerome's Tractor Service to perform weed abatement for the properties found to be in violation of the ordinance. To increase the speed by which properties are abated, the City would like to enter into additional agreements with Hanzel Enterprises and Rich's Tractor Work for these services. These contractors will be paid a move-in fee and hourly rates that will be negotiated by City Staff.
RECOMMENDATION
AUTHORIZE THE MAYOR TO SIGN AGREEMENTS WITH HANZEL ENTERPRISES AND RICH'S TRACTOR WORK
FOR WEED ABATEMENT SERVICES, SUBJECT TO APPROVAL OF THE CITY MANAGER AND CITY ATTORNEY
AGREEMENT
THIS AGREEMENT made this _ day of _ 2022, by and
between the CITY OF TEHACHAPI, hereinafter "City", and Hanzel Enterprises, hereinafter "Contractor, "
WITNESSETH
WHEREAS, City wishes to contract with Contractor for weed abatement on various properties throughout the City to be designated by City from time to time, hereinafter referred to as the "Project"; and WHEREAS, Contractor wishes to contract with City to perform the Project and Gity is agreeable thereto under the terms and conditions hereinafter described.
NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth hereinafter, the parties agree as follows:
1. The parties incorporate the foregoing recitals as if fully set forth herein verbatim.
2. Contractor agrees to perform the Project and to eradicate weeds and other debris designated by City on lots designated by City from time to time. Completion of Contractor's performance hereunder shall be subject to City's approval and acceptance of same.
3. Contractor agrees to perform its obligations hereunder on a "time and materials" basis and agrees to use the rate schedule attached hereto as Exhibit 'A" and by this reference made a part hereof throughout the term of this Agreement. Subject to the following, Contractor shall be paid by City monthly based on written invoices from Contractor. Prior to payment of any compensation to Contractor, Contractor shall first provide City with a written invoice setting forth the services performed during the period described in the invoice and the amounts due and owing. Same shall first be reviewed by the Code Enforcement Officer and the City Manager and approved for payment. Thereafter, same shall be submitted to the Council at the next regularly scheduled meeting forwhich the matter can be presented for consideration. Thereafter, upon approval by the City Council, the invoice shall be paid in the amounts approved by the City Council within a reasonable time thereafter.
4. The term of this Agreement shall be for 30 days from the date hereof and shall be automatically renewed for additional successive 30- day periods unti! terminated by either party upon 10 days prior written notice to the other party. ln the event of such termination, Contractor shall be entitled to payment of allwork completed by Contractor prior to the date of termination, subject to approval by the City Council. ln the performance of Contractor's duties hereunder, Contractor shall provide all vehicles, tools, personne!, equipment, supplies and all such other items as are necessary or convenient to completing the Project at Contractor's sole cost and expense.
5. Contractor, at Contractor's sole cost and expense, shall maintain throughout the term of this Agreement (i) al! Worker's Gompensation lnsurance where and in the amounts required by law, (ii) a Comprehensive General Public Liability lnsurance Policy from a company approved by City for protection against liability to the public arising as an incident of Contractor's performance hereunder in amounts not less than $1 million per occurrence and said policy shall be primary insurance naming City, its officers, councilpersons, employees, contractors, and representatives as additional insureds and affording City at least 10 days notice prior to cancellation or reduction of coverage, and (iii) Vehicle Liability lnsurance in amounts not less than those set forth in Subparagraph (ii) of this Article 5. ln the event any such policy shall lapse or be canceled, City may, at City's sole discretion, terminate this Agreement without further notice to Contractor. Contractor shall provide City with a Certificate of lnsurance verifying Contractor's compliance with the foregoing. This Agreement sha!! not be effective until City has received and approved same.
6. Contractor hereby indemnifies, agrees to defend, and holds harmless City, its officers, councilpersons, employees, contractors, and representatives from any and all claims, demands, suits, judgments, liability, damages, costs, and expenses arising in any manner out of this Agreement or occasioned by the performance or attempted performance of the provisions hereof including but not limited to any act or omission to act on the part of Contractor or Contractor's employees, subcontractors, agents, or representatives.
7. ln addition to any other methods of termination described in this Agreement, City may terminate this Agreement at any time upon determination that Contractor is not performing its duties properly or has otherwise breached this Agreement upon 24 hours prior written notice to Contractor. ln the event of such termination, Contractor shall be entitled only to payment for Contractor's performance of its obligations hereunder to the date of its failure to perform or its breach of this Agreement.
L Contractor's services are utilized by City only for the purpose and to the extent set forth in this Agreement and Contractor's relationship to City shall, during the term of this Agreement, be that of an independent contractor.
2 9. ln the performance of its obligations hereunder, Contractor acknowledges that Contractor and Contractor's employees, subcontractors, agents, and representatives may encounter dangerous conditions either on real property owned or controlled by City, or in the manner in which Contractor is required to or chooses to perform its obligations hereunder, or in any other aspect or part of its performance hereunder. Contractor for itself and on behalf of its employees, subcontractors, agents, and representatives assumes the risk of same and hereby waives, releases, and forever discharges City, its officers, councilpersons, employees, contractors, agents, and representatives from any and all liability, claims, actions, losses, costs, and expenses arising out of all injuries, and damages which may be suffered by Contractor or Contractor's employees, subcontractors, agents, or representatives including, but not limited to, any of same attributable in any way to any act or omission to act or any negligence whatsoever, whether passive or active, by City, or City's officers, councilpersons, employees, contractors, agents, or representatives. Contractor represents and warrants that it has read and fully understands the provisions of Section 1542 of the Civil Code of California which states as follows:
"A general release does not extend to claims which the
creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
Contractor on behalf of itself and its employees, subcontractors, agents, and representatives hereby expressly waives and releases any right or benefit which each has or may have under Civil Code Section 1542.
10. Contractor shall not assign any portion of this Agreement to any other person or entity.
11. lf any portion of this Agreement shall be considered invalid by any court of competent jurisdiction, said invalid portion shall not affect the validity of the remainder of the agreement and the agreement sha!! continue in full force and effect as if the invalid portion had not been included therein.
12. Any notice required under this Agreement shall be effective immediately upon personal delivery of same in writing to the party to whom it is directed or upon deposit in the United States mall, first class, postage prepaid, addressed as hereinafter described or upon facsimile transmission to the facsimile number hereinafter described or upon verbal notification of the party to be notified either in person or by telephone at the telephone number hereinafter described (unless written notice is specifically required elsewhere in this Agreement or under the law). The following shal! be used in providing the foregoing notices: City - City Manager, 115 South Robinson Street, Tehachapi, California 93561, Telephone - (661) 822-2200; and Contractor - Hanzel Enterprises - 661- 3 557-1055, 19415 Red Apple Ave., Tehachapi, California 93561, Any party may change any of the foregoing as it relates to the party by giving written notice to the other party of the change in the manner set forth herein.
13. If any action is commenced between the parties concerning any provision of this Agreement or the rights and duties of any party in relation thereto or the interpretation of this Agreement, the prevailing party shall be entitled, in addition to such other relief as may be granted, to a reasonable sum for the party's attorney fees in such action.
14. This Agreement may be amended only by a writing executed by all parties.
15. The parties hereto agree that this Agreement accurately reflects the agreement of the parties and is the product of negotiations between the parties, and shall not create a rebuttable presumption against the party who drafted same.
16. This Agreement contains all of the agreements of the parties with respect to all matters mentioned herein and no prior agreement or understanding pertaining to any such matter shall be effective.
IN WITNESS WHEREOF, the parties have executed this
Agreement on the date first hereinabove written.
PHILIP A SMITH, Mayor, City of
Tehachapi, California
Ryan Hanzel, Hanzel Enterprises
Contractor
4 AGREEMENT
THIS AGREEMENT made this _ day of _ 2022, by and
between the CITY OF TEHACHAPI, hereinafter "City", and Rich's Tractor Work, herei nafter "Contractor,"
WITNESSETH:
WHEREAS, City wishes to contract with Contractor for weed abatement on various properties throughout the City to be designated by City from time to time, hereinafter referred to as the "Project"; and WHEREAS, Contractor wishes to contract with City to perform the Project and City is agreeable thereto under the terms and conditions hereinafter described.
NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth hereinafter, the parties agree as follows:
1. The parties incorporate the foregoing recitals as if fully set forth herein verbatim.
2. Contractor agrees to perform the Project and to eradicate weeds and other debris designated by City on lots designated by City from time to time. Completion of Contractor's performance hereunder shall be subject to City's approval and acceptance of same.
3. Contractor agrees to perform its obligations hereunder on a "time and materials" basis and agrees to use the rate schedule attached hereto as Exhibit 'A" and by this reference made a part hereof throughout the term of this Agreement. Subject to the following, Contractor shall be paid by City monthly based on written invoices from Contractor. Prior to payment of any compensation to Contractor, Contractor shal! first provide City with a written invoice setting forth the services performed during the period described in the invoice and the amounts due and owing. Same shall first be reviewed by the Code Enforcement Officer and the City Manager and approved for payment. Thereafter, same shall be submitted to the Counci! at the next regularly scheduled meeting for which the matter can be presented for consideration. Thereafter, upon approval by the City Council, the invoice shall be paid in the amounts approved by the City Council within a reasonable time thereafter.
4. The term of this Agreement shall be for 30 days from the date hereof and shall be automatically renewed for additional successive 30- day periods until terminated by either party upon 10 days prior written notice to the other party. ln the event of such termination, Contractor shall be entitled to payment of allwork completed by Contractor prior to the date of termination, subject to approval by the City Council. ln the performance of Contrastor's duties hereunder, Contractor shall provide all vehicles, tools, personnel, equipment, supplies and all such other items as are necessary or convenient to completing the Project at Contractor's sole cost and expense.
5. Contractor, at Contractor's sole cost and expense, shall maintain throughout the term of this Agreement (i) al! Worke/s Compensation lnsurance where and in the amounts required by law, (ii) a Comprehensive General Public Liability lnsurance Policy from a company approved by City for protection against liability to the public arising as an incident of Contractor's performance hereunder in amounts not less than $t million per occurrence and said policy shall be primary insurance naming City, its officers, councilpersons, employees, contractors, and representatives as additional insureds and affording City at least 10 days notice prior to cancellation or reduction of coverage, and (iii) Vehicle Liability lnsurance in amounts not less than those set forth in Subparagraph (ii) of this Article 5. !n the event any such policy shall lapse or be canceled, City may, at City's sole discretion, terminate this Agreement without further notice to Contractor. Contractor shall provide City with a Certificate of lnsurance verifying Contractor's compliance with the foregoing. This Agreement shall not be effective until City has received and approved same.
6. Contractor hereby indemnifies, agrees to defend, and holds harmless City, its officers, councilpersons, employees, contractors, and representatives from any and all claims, demands, suits, judgments, liability, damages, costs, and expenses arising in any manner out of this Agreement or occasioned by the performance or attempted performance of the provisions hereof including but not limited to any act or omission to act on the part of Contractor or Contractor's employees, subcontractors, agents, or representatives.
7. ln addition to any other methods of termination described in this Agreement, City may terminate this Agreement at any time upon determination that Contractor is not performing its duties properly or has otherwise breached this Agreement upon 24 hours prior written notice to Contractor. ln the event of such termination, Contractor shal! be entitled only to payment for Contractor's performance of its obligations hereunder to the date of its failure to perform or its breach of this Agreement.
8. Contractor's services are utilized by City only for the purpose and to the extent set forth in this Agreement and Contractor's relationship to City shal!, during the term of this Agreement, be that of an independent contractor.
2 9. ln the performance of its obligations hereunder, Contractor acknowledges that Contractor and Contractor's employees, subcontractors, agents, and representatives may encounter dangerous conditions either on real property owned or controlled by City, or in the manner in which Contractor is required to or chooses to perform its obligations hereunder, or in any other aspect or part of its performance hereunder. Contractor for itself and on behalf of its employees, subcontractors, agents, and representatives assumes the risk of same and hereby waives, releases, and forever discharges City, its officers, council persons, em ployees, contractors, agents, and representatives from any and all liability, claims, actions, losses, costs, and expenses arising out of all injuries, and damages which may be suffered by Contractor or Contractor's employees, subcontractors, agents, or representatives including, but not limited to, any of same attributable in any way to any act or omission to act or any negligence whatsoever, whether passive or active, by City, or City's otficers, councilpersons, employees, contractors, agents, or representatives. Contractor represents and warrants that it has read and fu!!y understands the provisions of Section 1542 of the Civil Code of California which states as follows:
'A general release does not extend to claims which the
creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
Contractor on behalf of itself and its employees, subcontractors, agents, and representatives hereby expressly waives and releases any right or benefit which each has or may have under Civil Code Section 1542.
10. Contractor shall not assign any portion of this Agreement to any other person or entity.
11. lf any portion of this Agreement shall be considered invalid by any court of competent jurisdiction, said invalid portion shall not affect the validity of the remainder of the agreement and the agreement sha!! continue in full force and effect as if the invalid portion had not been included therein.
12. Any notice required under this Agreement shall be effective immediately upon personal delivery of same in writing to the party to whom it is directed or upon deposit in the United States mall, first class, postage prepaid, addressed as hereinafter described or upon facsimile transmission to the facsimile number hereinafter described or upon verbal notification of the party to be notified either in person or by telephone at the telephone number hereinafter described (unless written notice is specifically required elsewhere in this Agreement or under the law). The following shall be used in providing the foregoing notices: City - City Manager, 115 South Robinson Street, Tehachapi, California 93561, Telephone - (661) 822-2200; and Contractor - Rich's Tractor Work - 661- 3 300-1756,22124 Copper St., Tehachapi, California 93561, Any party may change any of the foregoing as it relates to the party by giving written notice to the other party of the change in the manner set forth herein.
13. lf any action is commenced between the parties concerning any provision of this Agreement or the rights and duties of any party in relation thereto or the interpretation of this Agreement, the prevailing party shall be entitled, in addition to such other relief as may be granted, to a reasonable sum for the party's attorney fees in such action.
14. This Agreement may be amended only by a writing executed by all parties.
15. The parties hereto agree that this Agreement accurately reflects the agreement of the parties and is the product of negotiations between the parties, and shall not create a rebuttable presumption against the party who drafted same.
16. This Agreement contains all of the agreements of the parties with respect to all matters mentioned herein and no prior agreement or understanding pertaining to any such matter shall be effective. lN WITNESS WHEREOF, the parties have executed this
Agreement on the date first hereinabove written.
PHILIP A. SMITH, Mayor, City of
Tehachapi, California
Richard J. Souza, Rich's Tractor Work
Contractor
4 Y Ot
TEHACHAPI
CA FORNIA
COUNCIL REPORTS
MEETING DATE: JUNE 20,2022 AGENDA SECTION: CITY CLERK
APPROVED
DEPARTMENT
CITY
TO HONORABLE MAYOR SMITH AND COUNCIL MEMBERS
FROM: ASHTEY WHITMORE, GENERAL SERVICES DIRECTOR
DATE: tuNE L4,2O22
SUBJECT: PLANNING COMMISSION APPOINTMENT
BACKGROUND
Due to the expiration of terms of Commissioner Kim Nixon and Linda Hollinsworth the Tehachapi City Council will consider appointing two members to the Tehachapi Planning Commission. The appointed commissioner's terms will expire on June 30,2026.
The Planning Commission develops and maintains the general plan; develops such specific plans; periodically reviews the capital improvement program of the City; recommends to the City Council plans for the regulation of the future growth, development and beautification of the City in respect to its public and private buildings, streets, parks, grounds and vacant lots; recommends to the City Council plans, consistent with the future growth and development of the City, in order to secure sanitation and proper service of all public utilities, shipping and transportation facilities; and recommends to the City Council, for approval or disapproval, tentative maps or proposed subdivisions of land.
RECOMMENDATION
APPOTNT TWO MEMBERS TO THE TEHACHAPI PIANNING COMMISSION TO COMPLETE TERMS TO EXPIRE ON JUNE 30,2025
Applications were received from Kim Nixon and Linda Hollinsworth. (661) 822'2200
Fax: (661) 822-8559 TEHACHAPI 115 South Robinson Street Tehachapi, CA 93561-1722
CALIFORNIA www.tehachapicityhall.com
RECEIVED
JUlt 0 I 20u
Live Up
APPLICATION FOR APPOINTMENT
City of Tehachapi
APPLICANTS ARE ENCOURAGED TO CONTACT EACH COUNCIL MEMBER TO COMMUNICATE THEIR INTEREST FOR APPOINTMENT Submit Application To: City Clerk's Office
1 1 5 South Robinson Street
Tehachapi, CA 93561
Name Linda Hollinsworth
K yet
[- trto
OFFICE USE ONLY
City Resident:
Address 330 West D Street
City Tehachapi state cA ZipCode glsot
Phone Number 7144580822 Fax Number
Email [email protected]
Position(s) Sought: (List in order of preference)
1. PlanningCommissioner
2. 3.
4,
Occupation Finance Director
Business Name City of Hawaiian Gardens
Address 21816 Pioneer Blvd
CitY Hawaiian Gardens State CA ZipCode gozto
Phone Number 5624202641 Fax Number
University- MBA
ifornia State University Los Angeles - BA and MA
ranklin High School - Los Angeles - Diploma
Education - List schools attended and/or graduated, as well as degree(s):
Page I of2
Other special training or experience:
years serving as the Finance Director of Cities has included working with the Planning and Community Development departments :o that lam fumiliar with the manv reouirements that must be considered when reviewing and aooroving applications that are brought the planning commission.
Previous and present governmental and civic experience. lndicate when, position, and duties:
nning Commissioner for City of Tehachapi since 2018
r/ork with Cities and Soecial Districts with a main du$ as Finance Director - Also served as lnterim CiW Manager in 2016 and 2021 rrease expiain why you wish to serve on a Board/Commission for the City of Tehachapi:
have had the pleasure of serving on the Planning Commission for the last 4 years. I appreciated the opportunity and hope that I will be lowed to continue in this role. I enjoy living in Tehachapi and have observed many changes since my move here. These have been I planned and have enhanced the City. I believe the Planning Commission provides oversight and recommendations, on the that are brought before them, from the perspecrtive of citazens livrng in the City. I see the Planning Comission as a valuable of the City's growth and development and would like to be part of that process.
Do you have any interests or associations that might present a conflict of interest? Yes [- lf yes, please explain below. N., X Please attach your resume and any additional information or statements that you feel would be helpful in reviewing your qualifications
AUTHORIZATION AND RELEASE
I understand that in connection with this application for appointment, the information contained herein will be made available to the general public upon request.
Signature Date/Time Field
This document is a public record and may be disclosed/released pursuant to the California Public Records Act
S/st /r,
Page2 of 2
NOTE:
I
t--
Linda Hollinsworth
330 West D Street
Tehachapi, CA 93561
714-4584822Cell
hollinsworth@sbcsloba l.net
Profile Summary
o Demonstrated success in Financial and Administative leadership in public and private sector . Performance driven and proactive in development and achievement of strategic plan . Develop and monitor annual Operating and Capital Budgets to support stated goals . Provide direction for developing and implementing policies and procedures . Manage project grants, financing investnents and cash for multiple funds . Effective communicator with all levels, both intemally and extemally . Positive and creative in development and direction of staff . Proficient in use of integrated software programs including Oracle, Tyler Technologies Fund Balance and Incode, Corbin Willits, SunGard, AS400. Deltek, RO[, Caelus, and Springbrook . Analyze and identify opportwrities for improvements and increased efficiencies . Knowledge of GAAP, FASB, and GASB
. Responsible for assuring compliance with SOX
. Skilled at evaluation, development and implementation of controls to assure accuracy of data, fraud prevention and compliance with regulatory and internal policies . Directed functional areas of Field Services, General Ledger, Cost Accounting, Customer Service, Accounts Payable, Accounts Receivable, Billing, lnformation Technology, Payroll, Human Resources, Employee Benefrts, fusk Management Inventory, Assessment Districts, Successor Agency Professional Experience:
o Highlights of Accomplishments
City of Hawaiian Gardens 2015-Present
City aroviding servicel to population of approximately 15,fi)0 residents -Planning Business Licensing Recreation, Refuse, Tra nsportation, Successor Agency
Interim City Manager - March - December20l6 & April June 2021 o Responsible for the day to day operations of the City r Interface with Council and the public
o Implement policies or activities as directed by the Council Finance Director/Treasurer
o Responsible for oversight of City's financial procedures and fiscal issues o Developed annual operating budget for general fi.rnd and 16 special revenue funds o Provided improved understanding of the enterprise system and other programs used to provide information for fi nancial reporting
o Responsible for annual audit for City, Metro, CDBG, Successor Agency and HUD . Implemented procedures to improve the business license process o Developed procedures'to improve payroll processing and accuracy . Maintained analysis and reconciliations to assure complete and accurate reporting 1 City of La Habra Heighh 201+2015
City goviding services to population of apprcximatdy 6,0fl) residsnb - Firo, Building, Plennlng Business Liconslng FinanceManager
o Develo@ annual operating budget and provided monthly reporting on budget to actual o Responsible for annual a:dit including implementation of procedures to correct deficiencies in internal contols
CityofArvin-Anin, CA 2fi12-2014
Ctty arovldlng services b population of epproximatcly 19r0fl) resileob - Polico, Senitation, Refuse, Trensportation, Building Planning Businoss Lknusing Successor Agcncy
Finance Dircctor
e Identified deficiencies in financial processes and developed solutions to correct the areas o Responsible for preparation of annual operating and capital budget for the City and Successor Agency
o Implemented monthly financial reporting with budget to actual comparisons for delivery to City Council and departuent heads
o Coordinated annual audits for City financials including the single audit, TDA, CalPers and others asrequired
. Administercd applications, monitoring and preparation of reirnbursement requests for grant fi.rnds through PTMISEA, TSSDRA, ARRA, TDA, JARC, RSTP, Cal Recycle and CDBG o Developed and monitorcd ROPS for Successor Agency to the Arvin Redevelopment Agency . With City Manager participated as a member of the City's negotiating team in developme,rt of MOUs for SEru and APOA
r lmproved use of the e,nterprise systom to provide efficient and accurate capture of data and improved reporting.
Consultant 20L0-20t2
Trabuco Canyon Water District
City of BeveilyIIiIls
Golets Sanitary IXstrict
Coschella Valley Water District
Rosamond CSD
r Interim Finance Director
o Administation ofFederal Grants
o Sehrp and redesign financial statem€nts and Fixed Asset acoounting and tracking o Analysis of Payroll to assure compliance with CaIPERS ard staff MOU o Interim A&ninisfation Supelvisor
o Payroll preparation and ooss training of staff
o Review and provide recommendation for improvement of procedures and internal contols r Interface witrr Auditors witr preparation and analysis of schedules for year-end audit o Responsible for month end olose process
o Analysis and recommendations forovedread allocation methods . Preparation of annual budget
Rosamond CSD -Rosamond, Ca. 2007 -2010
Community Servico District - Provides Water, Sewor, Strcet Lightlng and Park Servlccs for community of 15,0fi) residents
Director of F inance/Treasurer
r Prepared annual capital and operating budget and presented monthly budget to actual comparisons with analysis of variances.
. Lead the development and implementation of goals, policies and procedures for financial management
2 . Streamlined monthly financial process to provide timely and accurate statements o Provided regular financial reporting, analysis and recommendations to management and Directors o Directed efforts to provide capital financing for defined projects . Managed District cash and investments
. Set up job costing processes to allow accurate tracking of project costs with reporting to management and project leaders
Education and Certifi cations
MBA - Pepperdine University
MA - California State University at Los Angeles
BA - California State University at Los Angeles
Software and Systems Experience
. Highly skilled in use of integrated software packages including- Oracle, Tyler Technologies Fund Balance and Incode, Corbin Willits, SunGard, AS400, Deltek, ROI, Caelus, and Springbrook r Proficient in use ofQuick Books, Toad, MS Word, Excel, Access, and PowerPoint o Administered systems management for Unirq W*g, Hewlett Packard and Dell -3-
.
(661) 822-2200
Fax: (661) 822-8559 TEHACHAPI RECEIVED,.,, south Robinson street MAY 2 i 2a2 CALIFORNIA l"lll':i:fi:ff'3"?fl;1111
Live Up
APPTICANTS ARE ENCOURAGED TO CONTACT EACH COUNCIL MEMBER TO COMMUNICATE THEIR INTEREST FOR APPOINTMENT.
Submit Application To:
Name Kim Nixon
City Clerk's Office
1 1 5 South Robinson Street
Tehachapi, CA 93561
Registered Voter
ES No
APPLICATION FOR APPOINTMENT T Yes
l* tto
OFFlCE USE ONLY
Clty Resldent:
Address 536 East D Street
City Tehachapi State CA Zip Code g:S6t
Phone Number 661-619-51 Fax Number
Email [email protected]
Position(s) Sought (List in order of preference)
l. PlanningCommissioner
2. 3.
4. Occupation Business Owner
Business Name Vintage Radials, Summit lndustrial Park
Address 1582 Goodrick Road, Unit 8A
City Tehachapi State CA Zip Code 9:5Or
Phone Number 822-1 503 Fax Number NA
Hoover High School, Glendale College
Education - List schools attended and/or graduated, as well as degree(s):
Page 'l of 2
' Other special training or experience:
Executive Director of Family Life Pregnancy Center 25 years Previous and present governmental and civic experience. lndicate when, position, and duties:
Presently serve as a Planning Commissioner, position is Chairperson Previously, Tehachapi City Councilwoman, 6 years
Tehachapi City Council member, 13 years
Tehachapi Police Foundation board member,4 years
Multiple other community and TUSD volunteer positions for the past 30 years Please explain why you wish to serve on a Board/Commission for the City of Tehachapi:
Serving on the Planning Commission is a vital role in being a part of the planning and execution of the General Plan for the future of our fabulous community. I believe I bring a perspective of the look and hopes of the past, the importance of the present and a desire to shape the future for my grandchildren and all residents of our community.
Do you have any interests or associations that might present a conflict of interest? Yes l- lf yes, please explain below. ruo lPlease attach your resume and any additional information or statements that you feel would be helpful in reviewing your qualifications
AUTHORIZATION AND RELEASE
I understand that in connection with this application for appointment, the information contained herein will be made available to the general public upon request.
Signature Field Date/Time Field ./7CA
NOTE: This document is a public record and may be disclosed/released pursuant to the California Publi< Records Act
crTY ot
TEHACHAP!
CALIFORNIA
COUNCIL REPORTS
MEETING DATE: JUNE 20,2022 AGENDA SECTION: CITY CLERK
DEPARTMENT
APPROVED
CITY
TO HONORABLE MAYOR SMITH AND COUNCIL MEMBERS
FROM: ASHLEY WHITMORE, GENERAL SERVICES DIRECTOR
DATE: tuNE 14,2022
SUBJECT: GENERAL MUNICIPAL ELECTION
BACKGROUND
A General Municipal Election, consolidated with the Statewide General Election, will be held in the City of Tehachapi on Tuesday, November 8,2O22, for the following Offices:
City Council Member - District 1
City Council Member - District 4
City Council Member - District 5
Full term of four (4) years
Full term of four (4) years
Full term of four (4) years
It is desirable that the General Municipal Election be consolidated with the Statewide General Election to be held on the same date and that within this city, the precincts, polling places, and election officers of the two elections be the same, that the county election department of the County of Kern canvass the returns of the General Municipal Election, and that the election be held in all respects as if there were only one election.
Additionally, staff is recommending an update to the resolution adopting regulations for candidates statements to comply with current code standards.
RECOMMENDATION
ADOPT A RESOLUTTON CALLING AND GIVING NOTICE OF THE HOTDING OF A GENERAL MUNICIPAL ETECTION TO BE HEID ON TUESDAY, NOVEMBER 8, 2022, CAILING FOR THE ELECTION OF CERTAIN OFFICERS AS REQUTRED By THE pROVtStONS OF THE LAWS OF THE STATE OF CAUFORNTA RELATING TO GENERAT LAW CITIES; ADOPT A RESOLUTION REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF KERN TO CONSOTIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER8,2022, WITH THE STATEWIDE GENERAL ELECTTON TO BE HELD ON THE DATE PURSUANT TO S1O4O3 OF THE ELECTIONS CODE; ADOPT A
RESOTUTTON ADOPTTNG REGUTATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES STATEMENTS SUBMTTTED TO THE VOTERS AT AN ETECTION TO BE HELD ON TUESDAY, NOVEMBER8,2022.
CITY OF
TEHACHAPI
LEGAL DEPARTMENT
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEHACHAPI, CALIFORNIA, CALLING FOR THE HOLDING OF A
GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY,
NOVEMBER8,2022, FOR THE ELECTION OF CERTAIN OFFICERS
AS REQUIRED BY THE PROVISIONS OF THE IAWS OF THE
STATE OF CALIFORNIA RETATING TO GENERAT IAW CITIES
WHEREAS, under the provisions of the laws relating to General Law Cities in the State of California, a General Municipal Election shall be held on November 8, 2022, for the election of MunicipalOfficers;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEHACHAPI, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. That pursuant to the requirements of the laws of the State of California relating to General Law Cities, there is called and ordered to be held in the City of Tehachapi, California on Tuesday, November 8, 2022 a General Municipal Election for the purpose of electing one (1) Member of the City Council - District 1 for a full term of four (4) years; one (1) Member of the City Council - District 4 for a full term of four (4) years; and one (1) Member of the City Council - District 5 for a full term of four (4) years.
SECTION 2. That the ballots to be used at the election shall be in form and content as required by law.
SECTION 3. That the Elections Official of the City of Tehachapi is authorized, instructed and directed to coordinate with the County of Kern Registrar-Recorder/County Clerk to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election. crw oF
TEHACHAPI
LEGAL OEPARTMENT
SECTION 4. That the polls for the election shall be open at seven o'clock a.m. of the day of the election and shall remain open continuously from that time until eight o'clock p.m. of the same day when the polls shall be closed, pursuant to Election Code 5 LO242, except as provided in Section 5 74272, t44OL of the Elections Code of the State of California.
SECTION 5. That in all particulars not recited in this Resolution, the election shall be held and conducted as provided by law for holding municipal elections.
SECTION 6. That notice of the time and place of holding the election is given and the Elections Official is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law.
SECTION 7. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.
SECTION 8. That the City Council authorizes the Elections Official to administer said election and all reasonable and actual election expenses shall be paid by the City upon presentation of a properly submitted bill.
PASSED, APPROVED AND ADOPTED THIS 2OTH DAY OF JUNE, 2022 AYES:
NOES:
ABSENT:
ABSTAIN
PHIL SMITH, Mayor of the
City of Tehachapi, California
ATTEST:
TORI MARSH, CMC, City Clerk
City of Tehachapi, California
CITY OF
TEHACHAPI
LEGAL DEPARTMENT
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 June 20,2022.
TORI MARSH, CMC, City Clerk
City of Tehachapi, California
CITY OF
TEHACHAPI
LEGAL DEPARTMENT
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CIW OF
TEHACHAPI, CALIFORNIA, REqUESTING THE BOARD OF
SUPERVISORS OF THE COUNTY OF KERN TO
CONSOLIDATE A GENERAL MUNICIPAL ETECTION TO BE
HELD ON NOVEMBER 8, 2022, WITH THE STATEWIDE
GENERAL ELECTION TO BE HEID ON THE DATE
PURSUANTTO S 1OIIO3 OF THE ELECTIONS CODE
WHEREAS, the City Council of the City of Tehachapi called a General Municipal Election to be held on November 8,2022, for the purpose of electing one (1) Member of the City Council - District l for a fullterm of four (4)years; one (1) Member of the City Council- District 4 for a full term of four (4) years; one (1) Member of the City Council - District 5 for a full term of four (4) years; and;
WHEREAS, it is desirable that the General Municipal Election be consolidated with the Statewide General Election to be held on the same date and that within the city the precincts, polling places and election officers of the two elections be the same, and that the county election department of the County of Kern canvass the returns of the General Municipal Election, and that the election be held in all respects as if there were only one election;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEHACHAPI DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. That pursuant to the requirements of 5 10403 of the Elections Code, the Board of Supervisors of the County of Kern is hereby requested to consent and agree to the consolidation of a General Municipal Election with the Statewide General Election on Tuesday, November 8,2022, for the purpose of electing one (1) Member of the City Council - District 1 for a full term of four (4) years; one (1) Member of the City Council - District 4 for a full term of four (4) years; and one (1) Member of the City Council - District 5 for a full term of four (4) years.
SECTION 2. That the county election department is authorized to canvass the returns of the General Municipal Election. The election shall be held in all respects as if there were only one election, and only one form of ballot shall be used. The election will be held and conducted in accordance with the provisions of law regulating the statewide or special election.
SECTION 3. That the Board of Supervisors is requested to issue instructions to the county election department to take any and all steps necessary for the holding of the consolidated election.
SECTION 4. That the City of Tehachapi recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for any costs.
SECTION 5. That the City Clerk is hereby directed to file a certified copy of this resolution ctwoF
TEHACHAPI
LEGAL OEPARTMENT
with the Board of Supervisors and the county election department of the County of Kern.
SECTION 6. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Tehachapi at a regular meeting this 20th day of June 2022.
AYES:
NOES:
ABSENT:
ABSTAIN:
PHIL SMITH, Mayor of the
City of Tehachapi, California
ATTEST:
TORI MARSH
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 June 20,2022.
TORI MARSH
City Clerk of the City of Tehachapi
ctry oF
TEHACHAPI
LEGAL DEPARTMENT
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIT OF THE CITY OF
TEHACHAPI, CALIFORNIA, ADOPTING REGUTATIONS FOR
CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO
CANDIDATES STATEMENTS SUBMITTED TO THE VOTERS AT
AN ELECTION TO BE HELD ON TUESDAY, NOVEMBERB,2022
WHEREAS, 513307 of the Elections Code of the State of California provides that the governing body of any local agency adopt regulations pertaining to materials prepared by any candidate for a municipal election, including costs of the candidates statemenU
NOW, THEREFORE, THE CIW COUNCIL OF THE CITY OF TEHACHAPI, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. GENERAL PROVISIONS. That pursuant to 513307 of the Elections Code of the State of California, each candidate for elective office to be voted for at an Election to be held in the City of Tehachapi on November 8, 2022 may prepare a candidate's statement on an appropriate form provided by the City Clerk. The statement may include the name, age and occupation of the candidate and a brief description of no more than 200 words of the candidate's education and qualifications expressed by the candidate himself or herself. The statement shall not include party affiliation of the candidate, nor membership or activity in partisan political organizations. The statement shall be filed Iin typewritten form] in the office of the City Clerk at the time the candidate's nomination papers are filed. The statement may be withdrawn, but not changed, during the period for filing nomination papers and until 5:00 p.m. of the next working day after the close of the nomination period.
SECTION 2. FOREIGN LANGUAGE POLICY.
A. Pursuant to the Federal Voting Rights Act, candidates statements will be translated into all languages required by the County of Kern. The County is required to translate candidate's statements into the following languages: Spanish B. The County will print and mail voter information guides and candidates statements to all voters in English and Spanish or The County will mail separate voter information
CITY OF
TEHACHAPI
LEGAL DEPARTMENT
guides and candidates statements in Spanish to only those voters who are on the county voter file as having requested a voter information guide in a particular language. The County will make the voter information guides and candidates statements in the required languages available at all polling places/vote centers, on the County's website, and in the Election Official's office.
SECTION 3. PAYMENT.
A. Translations (choose one or both):
L. The candidate shall be required to pay for the cost of translating the candidates statement into any required foreign language as specified in (A) and/or (B) of Section 2 above pursuant to Federal and\or State law.
2. The candidate shall be required to pay for the cost of translating the candidates statement into any foreign language that is not required as specified in (A) and/or (B) of Section 2 above, pursuant to Federal and\or State law, but is requested as an option by the candidate.
B. Printing (choose one or more as appropriate):
1. The candidate shall be required to pay for the cost of printing the candidates statement in English in the main voter pamphlet.
2. The candidate shall be required to pay for the cost of printing the candidates statement in a foreign language required in (A) of Section 2 above, in the main voter pamphlet.
3. The candidate shall be required to pay for the cost of printing the candidates statement in a foreign language requested by the candidate per (B)of Section 2 above, in the main voter pamphlet.
4. The candidate shall be required to pay for the cost of printing the candidates statement in a foreign language required by (A) of Section 2 above, in the facsimile voter pamphlet.
The City Clerk shall estimate the total cost of printing, handling, translating, and mailing the candidate's statements filed pursuant to this section, including costs incurred as a result of complying with the Voting Rights Act of 1965 (as amended), and require each candidate filing a statement to pay in advance to the local agency his or her estimated pro rata share as a condition of having his or her statement included in the voter's pamphlet. ln the event the estimated payment is required, the estimate is just an approximation of the actual cost that varies from one election to another election and may be significantly more or less than the estimate, depending on the actual number of candidates filing statements. Accordingly, the clerk is not bound by the estimate and may, on a pro rata basis, bill the candidate for additional actual expense or refund any excess paid depending on the final actual cost. ln the event of underpayment, the clerk may require the candidate to pay the balance of the cost incurred. ln the event of overpayment, the clerk shall prorate the excess amount among the candidates and refund the excess amount paid within 30 days of the election.
SECTION 4. ADDITIONAL MATERIALS. No candidate will be permitted to include additional materials in the voter information guide.
SECTION 5. That the City Clerk shall provide each candidate or the candidate's representative a copy of this Resolution at the time nominating petitions are issued.
SECTION 6. That all previous resolutions establishing council policy on payment for candidates statements are repealed.
SECTION 7. That this resolution shall apply at the next ensuing municipal election and at each municipal election after that time.
SECTION 8. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.
CITY OF
TEHACHAPI
LEGAL DEPARTMENT
CITY OF
TEHACHAPI
LEGAL DEPARTMENT
PASSED, APPROVED AND ADOPTED THIS zOTH DAY OF JUNE, 2022.
AYES:
NOES
ABSENT:
ABSTAIN:
PHIL SMITH, Mayor of the
City of Tehachapi, California
ATTEST:
TORI MARSH, CMC, City Clerk
City of Tehachapi, California
I hereby certifo 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 lune 2O,2022.
TORI MARSH, CMC, City Clerk
City of Tehachapi, California
Accounts Payable
Checks by Date - Detail by Vendor Number
User: afiescas
CITY OF
6/t5t2022 2t0PM
CheckNo Vendot No
Invoice No
Vendor Name
Description
TEHACHAPI
CALIFORNIA
Check Drte
Reference
CheckAmount
ACH 0017
6206',72
6206',72-A
620612-B
American Business Machines
PWCanon Copier/Apr ls-May 14 2022
Srvr/Caron Copi€r/Apr 1s-May 14 2022
Wtr/Canon Copier/Apr I s-May 14 2022
Tolal for this ACH Check for Vendor 0017:
Total for Vendor 0017 (American Business Machines):
BSKAssociates
Ttact 6668/Mar 2022
Encroachmenl4llar 2022
Tract 62l6Mat 2022
Tlact 6668Mar 2022
Wh/Drinking Water Samples
Wh/Curry Site Nitrate
Wtr/Curry Site Nitrate
WhMeekly Bacti Samples
Wtr/Diinking Water Samples
Wtr^ffeekly Bacti Sarnples
Wtr/Curry Bletrd Nitate
Wtr/Drinking Wator Samples
Gen Fund Rd Rehab
Total for this ACH Check for Vendor 0061 :
Total for Vendor 0061 (BSK Associates):
State of Califomia Department ofJustice
PD/DOJ-FBI Fingerprint Fee/Livescan
Total for this ACH Check for Vendor 0l 27:
Total for Vendor 012? (State of Califomia Department of Justice):
P&J Electric lnc.
PWOffice Trailer-SCE Power Upgrades
PWOffice Trailer
PWOfiice Traiier
Total for this ACH Check for V€ndor 0l 82:
Total for Vendor 0182 (P&J Electric Inc.):
Mission Linen & Uniform Service
19.69 t9.70
0061
009a441
009E448
0098449
0098594
AFl2840
AFt2842
AFl3495
AF13503
4F13740
4F13774
AFl4030
AFl4033
c22019618
0182
7580
7635
7540
46.34 978.25
48t.25
395.25
2,080.50
69.00 15.00
15.00 69.00
21.00 99.00
15.00 69.00
5,585.00
9,892.25
ACH 0127
585964
9,892.25
371.00
371.00
371.00
47,233.56
5,248.17
7l1.08
53,r92.8r
53,192.81
ACH 0t00
AP Checks by Date - Detail by Vendor Number (6/1512022 Z:lO PM) Page I Check No Vendor No
Invoice No
Vendor Name
Description
Check Date
R€f€rence
CheckAmount
5t1041224
5t1081225
s l Tt 29106
5t't t29to'7
5t7t67968
5t7167969
PWLinen Maint€nance
SWTAVWTP Mats
PWLinen Maintenance
Srra/WWTP Mats
PWLincn Maintenance
SWI/WWTP Mats
103.80
2',7.14
108.77
2't.'t4
108.77
2',7.',74
Total for this ACH Check for Vendor 0300:
Total for Vendo.0300 (Mission Linen & Uniform Service):
Willdan Financial Services
Th€ Address
Total for this ACH Check for Vendor 03 I 0:
Total for Vendor 0310 (Willdan Financial Services):
Rain For Rent Bakersfield
Swr/Borrow Pit Pump
Total for this ACH Ch€ck for V€ndor 0349:
Total for Vendor 0349 (Rain For Rent Bakersfield):
Southem Califoinia Edison
Strts/80023 7 1967/ I 002 Tehachapi Blvd A/Apr 2
Stts/8002386384/1002 Tehachapi Blvd B/Apr 2
Swr/8003886514/00000 Tehachapi Blvd./Apr 27.
Sms/8002515179/Tehachapi,Tucker,tlay 2022
strts/8001 9 I 69 I 5/ I 00 W Tehachapi Blvd B/Apr
Strts/8001941899/10l West F S/Apr 5-May 4 2(
Strts/8000489050/TR 2995 Oakwood-Valley,Ma
LLD / 8oo24 52 5 49 ltR- 2995 Oakwood-ValleyA4:
LLD / 80024 52 5 49 ttR- 2995 Oakwood-Valley/M?
SFts/8002817959/Tuck€r Rd-Hwy 202lMay 202
Strts/8002454554,Mi11 and J SrMay 2022
stft s/8003094036/H St-Grc en SLMay 2022
LLD/8000679393/TR 45361 Mulberry,May 202
Sms/8002485759/Mill & ! S Ma\t 2022
sfts/8002738103/F St e/o Mulberry/May 2022
LLD/80042432M/E Tehachapi BIvd Steuber Rd
LLD/8002843239/Dennison-Pinon St/May 2022
Strts/8002489190/213 West I SrMay 2022
Srrts/80025021o3/Highline & CurryMay 2022
Strts/8002486668Mi11 St s/oE StlMay 2022
Sms/8003326795/326 East D SLMay 2022
Strts/8003354214/303 E Avenue D^,lay 2022
Strrs/80028003 84/Tucker -Vztley tM ay 2022
Strts/8002826534/710 w Tehachapi Bivd/May 2
Srrts/8002503365/Tehachapi Blvd-Dennison/Ma
Srts/E000 I t ?o87/Highw ay 2lztMzy 2022
Srrts/8002777497/Goodrick Dr e/o Dennison-Ma
Srts/8002852577/Tehachapi Blvd-Bail€y Ave/M
Strts/8002504580,DeDnison-Bretr Ave,May 202i
Strts/8002827801/2000 Megellan DrMay 2022
404.56
0310
010 51205
4M.56
7,500.00
ACH
ACH
7,500.00
7,500.00
4,525.49
0349
1743808
ACH 0372
612022
6t2t22_A
612022-9
612022-C
612022-D
612022-E
612022-F
612022-c
612022-H
6t2022-l
6t2027-J
612022-K
612022-L
612022-M
612022-N
612022-0
612022-P
612022-Q
6t2021-R
6t2022-S
612022-T
612022-U
612022-V
6\2022-tN
612022-]{
6\2022-Y
612022-2
612022-ZA
612022-ZB
6t2022-ZC
4,525.49
4,525.49
-6.93
-t.92
37.56 0.01
42.14 70.62
72.34 277.',76
't,9E4.73
t1't.15
76.92 138.43
61.30 94.38
26't.09
52.81 1,26't.47
12.22 16.68
12.22 3t.73
1'7.81
150.36
t73.42
16.68 60.99
224.36
85.75 46.t4
149.40
AP Checks by Date Detail by Vendor Numb€r (61\5/2022 2:IOPM) Page 2 Check No vendor No
Invoice No
Vendor Nlme
Description
Check D4t€
Reference
CheckAmount
6t2022-ZD
6t2022-ZF
6t2022-ZG
6t2022-ZH
6t2022-Zr
6t2022-ZI
612022-ZK
612022-ZL
612022-ZM
612022-ZN
612022-ZO
6\2022-ZP
612022
6',72022-A
672022-9
6',7202?-C
6',72022-D
672022-E
612022-F
612022-G
672022-H
6',72022-l
672022J
612022-K
682022
682022-A
682022-9
682022-C
682022-D
682022-E
682022-F
682022-G
6A2022-H
692022
692022-A
LLD/80028293 I 7/Manz ar'itz-creenJMzy 2022
Sms/8002457897/800 S Curry St/May 2022
Strts/8002748942/Tehachapi Blvd-Dennison Rd/
Strts/80025 I 5?504.{ulberry-Brentwood/May 20:
Strts/8000952476/Valley blvd-Mulberry/trtay 20
LLD/8002841917/Pinon St-East Orchard-Curry
LLD/800403305444i11 SlD SL/May 2022
Strts/80028447824r'a1ey Blvd do DennisonMa
PW8002992907/800 Enterprise Shop/Apr l9-M
Swr/8003327285/800 Enterprise Facility/Apr l9
PW8000691540//800 Entcrprise/Apr l9-May l;
Strts/8002397488/Tehachapi-DennisonrMay 202
LLD/8003 3 82785/ I 80 ValleylMzy 6-It]Jt 6 2022
Wtr/8004628073/129 Brentwood Dr^4ay 6-Jun
LLD/8001628131/31 I Sutt€r SLMay 6-Jun 6 20:
LLD/8001628562/501 l/2 PinonMay 6-Jun 6 2t
Wtr/8001 11965l/Curry Well/May 5-Jun 5 2022
Wtr/8000488189/Pinon Well/May s-Jun 5 2022
LLD/8000293383/1347 Clasico Dr PedMay 5-J,
LLD/8000296695/1 I I 5 Alder Ave Ped/May 5-Ju
LLD/8000302048/1415 Alder Ave Ped/May 5-Jr
Wtr/8000641860/1299 S Curry St (WellyMay 5-
LLD/800468M70/1002 Applewood (Pump Stny
GG/8012490077420 W Valley Blvd Ped,May 5-.
LLD/8000844933/1 I 5 Manzanita St/May 9-Jun I
Strts/8000850180/209 E Highline Rd Pe May 9
LLD/8000191119/119 Canyon Dr E/May 9-JuD
LLD/80001924M/l 200 S Dennison\{ay 9-Jun :
LLD/8000 | 9J4l8/ I 202 S Dennison-May 9-Jun :
LLD/8000 I 95859/1000 Canyon Dr WMay 9-Ju
Ssr/8001M8390/755 Sleuber WelL4May g-Jun 7
Air/8002672984/415 N DennisonMay 9-Jun ? 2
Drair/8001I 15579/409 Bailey Ci (Srorm Wrr)44
Wtr/8001468 I lg,^Ir'hite Oak Exlend E CurryMa
Wa/8001 3405 I 4/3 58 East D S(Moj ave Well)^,
281.87
0.03 0.02
0.01 58.44
338.06
t2t.22
456.53
209.74
540.48
65.03 128.96
1.34 3,986.75
2.29 2.30
5,762.37
4,532.12
24.42 tt.76
10.81 3.7lI.57
38.74 t.94
2.34 1.40
2.92 2.73
4.81 3.09
565.39
50.39 39.54
11.4a
3,100.84
Total for dis ACH Check for Vendor 0372:
Total for Vendor 0372 (South€m California Edison):
35,748.55
ACH 0399
35,744.55
\9.42
19.43 19.43
Sparkletts
4365880060122 Swr/Hot-Cold Water Cooler Rental/May 2022 4365880060122-A PWI{ot-ColdWat€rCoolerRental^-{ay2022
4365880060122-B Wtr,4lot-ColdWaterCoolerRentayMay2022
ACH 0426
662022
66a022-A
662022-B
662022-C
662022-D
662022-E
662022-F
Total for this ACH check for vendor 0399:
Total for Vendor 0399 (Sparkletts):
Tehachapi-Cummings Counfy Water Distri(
Wtr/Chemtool Landscape /M^y 2022
LLDAIenway Landscapc M^y 2022
Wtr/Waste Mgmt Landscape/May 2022
WIr/TUSD Landscap€May 2022
LLDAtVarrior Park Lands.apelM^y 2022
LLD/COT Landscape/May 2022
LLD/COT Median Landsc pe/May 2022
58.28 325.90
136.56
169.88
7,089.06
't29.98
643.41
45.26 AP Check by Dare - D€tail by Vendor Numb€r (6/1512022 2:10 PM) Page 3 Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
662022-G WtrffUSD-DN2 Landscape/May 2022 1,176.64
662022-H Wtr/fUSD-DN4 Landscape/May 2022 837.87
662022-1 WtrffUSD-DN6 Landscape/May 2022 1,034.07
662022-J Wtr/fUSD-DN8 Landscape/May 2022 637.01
662022-K GG/Stcuber Landscape/May 2022 104.73
Total for this ACH Check for Vendor 0426: 12,930.37
Total for Vendor 0426 (Tehachapi-Cummings County Water District): 12,930.37 ACH 0428
TB672022 50.00
TM672022
Tehachapi Flower Shop
GG/Sympathy Plant/Brown
GG/Sympathy Plant/Macias 50.00
Total for this ACH Check for Vendor 0428: 100.00
Total for Vendor 0428 (Tehachapi Flower Shop): 100.00
ACH 0431 Tehachapi News
0522109028 CC/fehachapi City Council 302.40
Total for this ACH Check for Vendor 0431: 302.40
Total for Vendor 0431 (Tehachapi News): 302.40
ACH 0441 Vulcan Materials Company
73288229 Water Service Repair 300.56
Total for this ACH Check for Vendor 0441: 300.56
Total for Vendor 0441 (Vulcan Materials Company): 300.56 ACH 0476 WITTS Everything for the Office
296508 Ref/Wtr & Air Billing paper 227.37
296508-A Wtr/Wtr & Air Billing paper 227.37
296508-B Swr/Wtr & Air Billing paper 227.37
296508-C Air/Wtr & Air Billing paper 227.37
Total for this ACH Check for Vendor 0476: 909.48
Total for Vendor 0476 (WITTS Everything for the Office): 909.48 ACH 0485 McMaster-Carr Supply Company
78098389 PW/Drum Containment for PW Shop 513.29
Total for this ACH Check for Vendor 0485: 513.29
Total for Vendor 0485 (McMaster-Carr Supply Company): 513.29 ACH 0509 Safety-Kleen Systems Inc.
88979990 PW/Oil Disposal 412.68
AP Checks by Date - Detail by Vendor Number (6/15/2022 2: l O PM) Page 4 Ch€ck No Vendor No
Invoice No
Vendor Name
Description
Check Date
Reference
Ch€ckAmount
Total for this ACH Check for Vendor 0509:
Total for Vendor 0509 (Safety-Kleen Systems Inc.):
Scotts Auto Body Inc.
V- l 1 Vehicle R€pair (Insuance Claim)
Total for this ACH Check for Vendor 0524:
Total for Vendor 0524 (Scotts Auto Body Inc.):
ACWA-{PIA
Medical Insurance Premium & AdjustrnenvJuly
Denial lnsuanc€ Premium & AdjustmenvJuly 2l
Vision Insuranc€ Premium & Adjustrnent/July 2(
Lif€ Insuranc€ Premium & AdjustmenvJuly 202:
Total for this ACH Check for V€ndor 0832:
Total for Vendor 0832 (ACWA.dPIA):
Kem County Public Works Dept.
Dial A Ride - Total Operation Cost
Dial A Ride - Less Farebox Revenue
Total for thisACH Check for V€ndor 0842:
Total for Vendor 0842 (Kern County Public Works Dept.):
Hinderliter dellamas & Associates
FhlQ4/2021 Sales Tax Apr-Jun 2022
Total for lhis ACH Chcck for Vcndor I 034:
Total for Vendor 1034 (Hinderliter dellamas & Associates):
Don Napier
GG/CPR-AED ard First Aid 2 Y€ar Re-certifical
PWCPR-AED and First Aid 2 Year Re-Cerrifica
Swr/CPR AED and First Aid 2 Year Re-Certifici
DSD/CPR-AED and First Aid 2 Year Re-Certific
Fin/CPR-AED and FirstAid 2 YearR€-Cen'fica
WIr/CPR-AED and First Aid 2 Year R€-C€rtifica
Total for this ACH Check for Vendor 1063:
Total for Vendor 1063 (Don Napier):
M&M's Sports Uniforms & Embroidery
Ladies VNeck Tees
Sholt Sl€eve Tees
BenchPlaque,D&JLantz
412.68
ACH 0524
26639
4r2.68
8,915.21
8,915.21
ACH
ACH
ACH
0832
0687681
0687681-A
06876Er-B
0687681-C
8,915.21
64,142.89
9,00?.06
1,482.60
|,79t.93
76,424.44
0842
T19393
T19393-A
1034
srN0l80l6
1063
2022-l
2022-t-A
2022 l-B
2022-t-C
2022-t-D
2022-t-E
76,424.44
13,',781.46
-344.15
13,443.31
13,443.31
1,410.03
I,410.03
ACH
1,410.03
550.00
I,100.00
192.50
302.50
385.00
220.OO
2,750.00
ACH 1286
52897
52899
53024
2,750.00
924.50
1,573.84
29t.37
AP Checks by Date - Detail by Vendor Numb€r (6/15/2022 2:10 PM) Page 5 Check No Vendor No Vendor Nrme Check Drte
R€fcrerce
Check Amount
Invoice No Description
Tolal for this ACH Check for Vendor I 286:
Total for Vendor 1286 (M&M's Sports Uniforms & Embroidery):
Kem Turf Supply Inc.
LlD/Irrigation Supplies
LLD .rigation Supplies
LlDllnigation Repair
LlD/Irrigation Repair
PwlrrigatioD Ref'air
Total for this ACH Chcck for V€ndor l4l 3:
Total for Vendor 1413 (Kern TurfSupply Inc.):
Railroad Management Company
S*'rlAnnual Railroad Fees
Total for this ACH check for V€doi 1480:
Total for Vendor 1480 (Railroad Management Company):
San Joaquin Safety Shoes
Pwsafety Shoes/K Badow
Pwsafety Sho€s/ J Ashlin
Total for this ACH Check for Vendor 1 506:
Total for Vendor 1506 (San Joaquin Safety Shoes):
Alpha Scapes Inc.
Gc/l,andscape Contract SeF icdMay 2022
Pwlandscap€ Contract Seryice/May 2022
PD/Landscap€ Contract Sewice/May 2022
Strts/Lafdscape Contsact Se.iceM.ay 2U2
RR Depot/L.ndscape Contract ServicoMay 202:
Fr€edom PIazallrndscape Contract ServiceMay
Sewer/Landscape Contract ServiceMay 2022
Park & Ride/Landsepe Consact Service./May 2l
LLD Tract 606LlLandscape ConFact Service/Ma
LLD Tract 62 I 2/Landscape Confact Service^{a
LLD Tract 5812 & 6215/Landscape Confact S€r
LLD Tract 62 I 6/Landscape Contract S€rvic€/Ma
LLD Tract 58 I 2/Landscap€ Contract Servic€/Ma
LLD Tract 6360/Landscap€ Conkact ServiceMa
LLD PM I 1353/I-andscape Contract S€rvic€Ma)
LLD PM 1221g[rtrdscape Contract S€rvice,&{a)
Total for this ACH Check for Vendor I 729:
Toral for Vendor 1729 (Alpha Scapes lrc.):
swRcB-DwocP
2,'.tE9.71
ACH l4l3
1329t4
132914-A
t33t27
133127-A
!33121-B
2,189.71
196.98
l0l.48
62.29 26.90
34.'t5
422.40
ACH 1480
461395
422.40
592.91
592.91
ACH 1506
100-1307830
100-1308147
t729
143a2
14382-A
14382-B
t4382-C
t4382-D
t43E2-E
14382-F
t4382-G
14382-H
14382-l
t4382-I
14382-K
14382-L
14382-M
14382-N
t4382-0
592.91
lEl.85
232.74
414.59
ACH
414.59
608.99
2,450.08
ll'7.73
1,,{69.58
176.38
89.00 399.62
500.27
I,185.08
442.83
3,090.43
10,895.74
5,()o'.89
34.4s
130.91
92.O2
26,688.00
26,688.00
ACH t'154
AP Checks by Date - Detail by Vendor Number (6/1512022 2tl0 P][,{\ Page 6 Check No Vendor No
Invoice No
BH62022
ACH 1851
5232022
ACH 1855
122-14764
ACH 2026
016869591
ACH 2047
308093
ACH 2052
104844
ACH 2111
900001192
ACH 2478
DP2201925
DP2201925-A
DP2201925-B
Vendor Name Check Date
Description Reference
Check Amount
Wastewater Grade# Certification/B Heffernan 225.00
Total for this ACH Check for Vendor 1754:
Total for Vendor 1754 (SWRCB-DWOCP):
AT&T
PD/911 Trunks May 23-June 22 2022
Gemini Group L.L.C.
Wtr/Annual CCR Mailings
AV Fuel Corporation
Air/Fuel Fee
Fred C. Gilbert Co.
Total for this ACH Check for Vendor 1851:
Total for Vendor 1851 (AT&T):
Total for this ACH Check for Vendor 1855:
Total for Vendor 1855 (Gemini Group L.L.C.):
Total for this ACH Check for Vendor 2026:
Total for Vendor 2026 (AV Fuel Corporation):
Wtr/Curry Tank Chlorine Treatment Tank
Total for this ACH Check for Vendor 2047:
Total for Vendor 2047 (Fred C. Gilbert Co.):
Thomas G. Garrett
NAB Convention Parking
Total for this ACH Check for Vendor 2052:
Total for Vendor 2052 (Thomas G. Garrett):
NAPA Auto Parts
Swr/E-218 Hydraulic Hose/Fitting
Total for this ACH Check for Vendor 2111:
Total for Vendor 2111 (NAPA Auto Parts):
DataProse Inc.
RefYUtility Bills Printing Svc/May 2022
Wtr/Utility Bills Printing Svc/May 2022
Swr/Utility Bills Printing Svc/May 2022
225.00
225.00
343.28
343.28
343.28
4,215.12
4,215.12
4,215.12
60.61 60.61
60.61 3,153.01
3,153.01
3,153.01
10.00 10.00
10.00 301.78
301.78
301.78
187.16
187.16
187.16
AP Checks by Date - Detail by Vendor Number (6/15/2022 2: IO PM) Page 7 CheckNo Vendor No Vendoi Name Check Drt€
Reference
Ch€ck Amount
Invoice No Deicription
DP2201925-C
DP22.O1925-D
DP2201925-E
ACH 2695
A-5100549
B-2011600
c-2024781
D-2024838
E-25l1112
F-251t7l8
G-2614224
H-2614249
t-26t4277
J-801l?56
K-801l76l
L8512018
M-8512018
N-8512021
o-E512051
P-E521568
Q-15t2121
R-7521592
s-7521603
T-16t4627
u-7614630
v-7614651
w-6011837
x-6011847
xA-6011847
xB-6011858
xc-601l85E
xD-6025273
xE-61316
)(F-6131604
xG-6620934
)G-5011917
xr-56r4719
xJ-5614821
)(K-101210E
xL-1512580
xM- 16l5l19
)c{-522&4
xo-'164925
xP-9522114
xQ-96r 53 r l
xR-9615327
xs-96214't3
xT-8512855
xu-8512881
xv-8512881
xw-E522146
xx-8522165
xY-8615418
Retutility Bills kinting SvclMzy 2022
Wtr^Jtility Bills Printing SvcMay 2022
Swrrutility Bills Printing S\clM^y 20?2
Home Depot Credit Sewices
PWtrergula Stain
PwBollards on Green St.
Pw/Scaffolditrg
PWPark Bench Paint
PWOffice Paint & Patch at PD
LlD/Inigation Reprair
PWPergula
PwPergula Stain
Pwscaffold Panel
PwBollards on Gren St
PWTools
LlDllrigation R€pair
Pwsafety Gloves
PWDrop Cloths for Pe.gula
Air/Small tools
LlD/Iirigation Repair
PwPergula Suppli€s
ED/Farmcrs Market Trailcr
Pwsupplies for Pergula
PWHand Transplanter
PWSI in & Supplies for Pergula
PWStain & SupFrlies for Pergula
Strts/Tr€e Staking
PWTree Staking
Stis/Tree Staking
Strts/Irce Staking
Pw/Scaffold
PWTree Staking
Strts/Tree Staking
Air/Small Tools
PWOftice Tmiler
Air/SrnaII Tools
Pw/Ofiice Trailer
Pwconcrcte Tools
PWPergula Supplies/Stain
PWTree Slakes - E Tehachapi Bl
PWTree Stakos - E Tehachapi Bl
Pwnr'ent for City Hall
LLD/Repair Amrad Filter
LlD,{nigation Repair
PwEquipment Fuel
LLD/R€air Amrad Filter
PWGrcer St Lights
LLDlIrri gation Suppli€s
PWTools
PWGreen St String Lights
PWGr€en St Lights
PWGieen St Lighb
Total for this ACH Check for Vendor 2478:
Total for V€ndor 2478 (DataProse ltrc.):
430.68
430.68
430.69
1,853.53
1,853.53
-r4.t2
25.34 62.11
134.20
22.EO
23.12 21.12
302.43
t92.40
149.
52.08 22.03
13.81 37.88
58.27 22.14
85.09 25.94
23.47 9.63
326.34
13 t.46
18.68 37.92
88.06 178.78
260.66
42.94 2t.15
8.30 88.79
21.60 I l.l9
30.43 194.86
17.t4
3.20 23.77
5t.46
10.55 107.50
t2.30
34.05 78.20
l3.l I
28.84 AP Checks by Date - Deiail by Vendor Number (6/15/2022 2.lO PM) Page 8 Check No Vendor No
Invoice No
XZ-8615439
Y-8615471
YA-4513281
YB-4513289
YC-4522380
YD-4615880
YE-3610087
YF-2132810
YG-2513424
YH-2513447
YI-2513449
YJ-2610159
YK-1012745
YL-1020101
YM-1132883
YN-1513526
Y0-1513529
YP-1513536
YQ-1513540
YR-1610268
YS-1610278
YT-9522773
YU-6513900
YV -6513972
YW-6522975
YX-6522975
Y2-6522998
2-6523021
2A-6610785
28-6610818
2C-5012977
2D-5514013
2E-5523066
2F-5523071
2G-5523071
2H-5610906
21-5610932
21-4020621
2K-4514075
2L-4514106
2M-4514106
ZN-4523113
20-4610979
ACI-1 2893
A-6803
B-5753
C-1773
D-6132
E-3239
F-3254
G-3254
H-2444
1-8470
Vendor Name
Description
PW/Green St Lights
PW/Green St String Lights
LLD/Irrigation Repair
LLD/Irrigation Repair
LLD/Irrigation Supplies
LLD/Irrigation Repair
PW/Irrigation Repair
Wtr/Citrus Spray
LLD/Irrigation Repair
PW/Green St Lights
LLD/Irrigation Repair
PW /Osha Safety at PW Shop
PW/Bolt Tables at Plaza
PW /Bolts for Tables at Plaza
PW /Spray Paint for Trash Cans
PW /Irrigation Repair
PW /Bolts for Tables
PW/Irrigation Supplies
ED/Tape for No Parking Signs
PW /Bolts for Tables at Plaza
PW /Bolts for Tables at Plaza
PW /Batteries for Sound Trailer
PW /Pergula - Centennial Plaza
Swr/Tools
PW /Irrigation Repair
PW /Irrigation Repair
PW/Tree Stakes
PW /Tree Ties
PW/Irrigation Repair & Extension on F St.
PW/Green St. Lights
PW/Office Trailer
PW/Trailer Coupling
PW/Mulch Centennial Plaza
PW/Mulch Centennial Plaza
PW/Tools
PW/Trailer Leak Repair
PW/Centennial Plaza Stage
Strl�/Sidewalk Repair - White Oak
PW/Tools
ED/Tables for Farmers Market
PW/Tools
Wtr/Water Jug
PW/Mulch Centennial Plaza
Check Date
Reference
Total for this ACH Check for Vendor 2695:
Total for Vendor 2695 (Home Depot Credit Services):
Cardmember Service
Recurring Accela Online Payments/Inv 1205603
Mountain Gardens Nursery Inv # 123 726/Planting
Starbucks/Water Conference
Albertsons/Water Conference
Mountain Garden Nursery/Landscaping Centenn
Mountain Garden Nursery/Landscaping Mountain
Garden Nursery/Landscaping
GFOA Membership Renewal/S Wier
Mountain Garden Nursery/Planting on Green St.
AP Checks by Date - Detail by Vendor Number (6/15/2022 2: 10 PM) Check Amount
73.97 14.02
21.09 20.67
4.73 19.03
6.55 8.97
7.58 79.53
5.13 271.34
59.75 4.27
18.66 18.85
37.99 12.26
43.69 30.53
2.66 100.31
92.02 138.05
28.15 14.43
17.10 14.05
23.48 58.43
367.90
16.50 51.31
31.96 20.36
23.80 68.46
17.69 119.68
128.66
47.14 28.12
38.35 5,448.31
5,448.31
30.00 1,008.84
53.85 25.41
128.68
609.03
266.91
150.00
760.95
Check No Vendor No
Invoice No
ACH 2940
AT-A-6841
AT-B-8809
AW-A-7344
AW-B-3366
AW-C-1254
AW-D-0408
AW-E-0408
AW-F-3438
AW-G-6219
AW-H-6601
AW-1-0213
AW-J-6403
AW-K-8448
AW-L-4719
AW-M-3245
AW-N-7672
AW-0-9227
AW-P-9227
AW-Q-0088
CC-A-9173
CC-B-8618
CC-C-8670
CC-D-6900
CC-E-1505
CC-F-8201
CC-G-0293
CC-H-1064
CC-T-8674
CC-J-6787
CC-K-4734
CC-L-4988
CC-M-7987
DM-A-6142
DM-B-0019
DM-C-0019
DM-D-0019
DM-E-4282
GG-A-9921
GG-B-9702
GG-C-9833
GG-D-8322
HJ-A-8885
JS-A-0023
JS-B-0031
JS-C-9665
JS-D-0086
JS-E-5491
JS-F-7853
JS-G-2954
KK-A-1048
KK-B-0980
KK-C-5358
Vendor Name
Description
Check Date
Reference
Total for this ACH Check for Vendor 2893:
Total for Vendor 2893 (Cardmember Service):
US Bank Corporate Payment System
TLO Transunion
Adobe Monthly Fee
AAAE Membership Mar 3 2021-Feb 28 2022
Costco/Kitchen Supplies
Zoom Monthly Fee
DropBox/K Budge
SiriusXM
Microsoft Monthly Fee
Costco/Public Restroom @ RR Depot
Amazon/Smart Fit Spi2 Monitor Stand
Costco/Utensiles/Wipes/Soap
Adobe Acrobat
Amazon/Flash Drives Memory Stick
NYC Sub/City Hall Lunch Meeting
Amazon/No Animals Allowed Sign
Uline/Gridwall Panels
Amazon/Chalk Markers
Amazon/Wrist Bands/Signs
Amazon/Chalkboard Sign
The Bakersfield Californian
Uber/NAB Convention
NYNY Hotel-Las Vegas/NAB Convention
Libsyn - tehachapod
Adobe Creative Cloud
The Communicator Awards - tehachapod
NYNY Hotel-Las Vegas (Deposit)/TCSC Confen
NYNY Hotel-Las Vegas (Deposit)/TCSC Confcn
Walmart/Office Supplies
Adobe Stock May 15-Jun 14 2022
Walmart/Office Supplies
Mai!Chimp Subscription
Kamenz Kafe/Coffee withe Mayor
Home Depot-Earth Day Trash Bags
Tea Donuts/Team Meeting
Tea Donuts/Team Meeting
Tea Donuts/Team Meeting
Tea Donuts/Team Meeting
NYNY Hotel Las Vegas - Valet Parking/NAB Cc
Chevron Fuel
NYNY Hotel/Lodging/NAB Convention
GHCPS/Kem Cty Fire Dept
Amazon/Lap Top Sleeve for Finance Director
CA Building Officials/Membership
CA Building Officials/Annual Business Meeting
YourMembership-Careers/Recruitment
CA Building Officials/Job Board
Pay Pal/Paving Inspector Cert/J Wyatt
ASCE SSJB General Meeting
Westin Hotels & Resorts/Lodging
Kem Data Monthly Fee
Sparklets/Water Cooler Rental
Chili's/Recruitment Trip Lunch
AP Checks by Date - Detail by Vendor Number (6/15/2022 2: IO PM) Check Amount
3,033.67
3,033.67
75.00 14.99
275.00
165.72
14.99 11.99
27.91 16.50
15.01 49.00
80.92 12.99
26.80 39.64
45.00 73.94
17.11 44.87
75.06 155.88
18.61 145.12
30.00 52.99
1,402.73
175.74
175.74
20.57 29.99
19.15 39.99
138.02
46.05 10.74
10.73 10.73
296.30
30.00 85.20
171.12
92.10 21.44
215.00
695.00
599.00
90.00 495.00
50.00 679.53
40.00 218.74
50.02
Check No Vendor No
Invoice No
Vendor Nrme
Description
Check Date
Reference
CheckAmout
KK-D-s999
LA-A-033
TN-A-5517
TN-B-1859
TN-C-9069
TN-D9198
TN-E-5030
TN-F-2905
TN-G-4E76
TN-H-0034
TN-I-g664
TN-J-0539
TN-K-6531
TN-L-s838
TN-M-3141
TN-N-4616
TN-N-4616
2963
r828't1123
18301226
18301396
18301397
18301398
18301399
18301400
18301401
18301402
18301403
l830l4M
18301594
1831229s
Galls/Hock Uniform Pants
Ce(o/Green St. String Lights
Amazor/Comput€r Cable-Landscaping
CWEA/Class for Sew€r Liccnse- J Ashlin
CWEA/Class for Sewer License- J Ashlin
CWEA/Class for Sewer License- J Ashlin
CWE Class for Sewer Licens€- J Ashlin
CWEA./CIass for Sewer License- J Ashlin
Siteondcurry Booster Pump Station
Cen€x/String Lights on Green St.
AmazonlFanners Market Tables
Amzzon/Weights for Farmers Market Tables
Amazon/For€st Helmet/Chaps
AmazoDlForest Hehrevchaps
Amazon/Farmqs Market Trailer
Chemtek Inc/Organic Asphalt Remover
Ch€mtek Inc./Organic Asphalt Remover
Total for this ACH Check for V€ndor 2940:
Total fo. Vendor 2940 (US Bank Corporate Payment System):
Keyed Up Mobile Lock
PDrunbcked Armory
Total for lhis ACH Check foi vendor 295 I :
Total for Vendor 2951 (Keyed Up Mobile Lock):
AI&T
PD/911 Digital Ali #93910553121M^y 2022
PD/Phone Lines #9391040O694,Iay 6-Jun 5 202:
CC/City Hall Line I #9391006712/May s-Jlm 5
Slr,r/WWTP Ofrce #939100671344ay s-Jun 5 2
RR Depot #9391 0067 I 5 lMay s-l\M 5 2022
Swr/Lift Station #9391006116/May S-lUn 5 2021
GC/City Hall Fax #93 9l0067l7May 5-Jun 5 20
Air/AWOS #9391 006? I 8lMzy 5-\n 5 2022
PWDSL Fax #93910067l9May S-Iwr 5 2022
Air,/Fuel System #93910O6'120M^y s-Jlun 5 202
Auto Dial 1002 Applewood Pump Stn #9391006
PDA,ong Distanc€ #9391009314May 6-Jun 5 2(
PD/91I Alt A!swering/#939105 5 853^4ay lo-Ju
Total for $is ACH Chcck for Vendor 2963:
Total for Vendor 2963 (AT&T):
Richards Watson & Gershon
DsD/Professional Services thru April 30 2022
Total for lhis ACH Ch€ck for Vendor 2994:
Total for vendor 2994 (Richards Watson & Gershon):
179.t9
288.10
12.86 50.00
50.00 25.00
25.00 91.00
75.89 r36.61
341.46
24.66 612.84
5',t9.t2
517.98
-104.l9
1,972.t3
t2,271.32
ACH 2951
708767
12,271.32
150.00
150.00
ACH
150.00
72.27 422.82
234.63
132.t6
63.93 2t.22
22.43 22.43
30.10 98.09
t,187.37
ACH 2994
237063
|,t87.37
775.94
775.94
AP Ch€cks by Date - D€tail by Vendor Number (6115/2O22 2:lO PM) Page l l CheckNo Vendor No Vendor Nrme Check Drte
Reference
Check Amount
ACH 299'7
Invoice No
R2CS853920
H W Hunter lnc
Wh/V-26 Repairs
Total for this ACH Check for Vendor 2997:
Total for Vendor 2997 (H W Hunter Inc):
Verizon Wireless
Acct #242395501/correction to Inv #990538022
PD,4rlobiles #242395501/May 2-Jl!I,r | 2022
Total for this ACH Check for Vendor 301 I :
Total for Ve[dor 301 I (Verizon Wireless):
AECOM Technical Services Inc.
Walnart Warraity
Ttzct 6216
FEMA Flood Elevation
Total for lhis ACH Cbeck for Vendor 3066:
Total for Vendor 3066 (AECOM Technical Services Inc.):
S. G. Soto Tires Service
Pwny'-22 New Tires
PD/TE-24 Tires
Pwnr'-33 Tire Repair
Tolal fo! tbis ACH Ch€ck for Vendor 3 I ?3:
Total for Vendor 3173 (S. G. Soto Tires Service):
Liberty Composting Inc.
S*t/Biosclids Hauling,4r.{ay 2022
6,169.s2
6,t69.52
ACH 3011
9905380228C
990712990r
ACH 3066
2000620966
2000622218
2000622218-A
3t73
t2t9
t235
1247
6,169.52
-350.01
995.68
645.67
u5.67
2,994.N
16,125.00
E92.50
20,015.50
ACH
20,0r5.50
514.55
120.00
30.00 ACH 3 t79
3 r 0008
ACH 3503
132027551
Solenis LLC
SWI/WWTP Praeslol
8,996.89
Total for this ACH Check for V€ndor 3 I 79:
Total for Vsndor 3 I 79 (Liberty Composting lrc.):
ACH 32'14 Bright House Networks
0639E5602060922 PD/Cable
064495401052222 Cc/IntemetSefficesMay2l-]'on202022
Total for ftis ACH Check for Vendor 3274:
Total for Vendor 3274 (Bright House Networks):
8,996.89
8,996.89
107.50
t76.t7
283.67
283.67
6,t90.37
6,190.31
AP Ch€cks by Date - Detail by V€ndor Number (6/1512022 2:lO PM) Total for this ACH Check for Vendor 3503:
PaEe 12
Check No Vendor No Vendor Name Check Drte Check Amount
Total for Vendor 3503 (Solenis LLC):
United Rentals (North America) Inc.
Pwconnex Rcntal
Total for this ACH Check for Vendor 3 65 3 :
Total for Vendor 3653 (United Rentals CNorth America) Inc.):
Tractor Supply Credit Plan
PWTools
Pw/Safety
Wtr/Iools
ED/Dolly for Farmers Market
Wtr/Tools
PWShop Tools
Total for this ACH Check for V€ndor 3730:
Total for Vendor 3730 (Tractor Supply Credit Plan):
Tri Signal lntegration Inc
PD/FM 200 Syst€m Service Agreement
PD/Sprinkler System Service Agr€€m€nt
Total for this ACH Check for Vendor 3774:
Total for Vendor 3774 (Tri Signal Integration Inc):
O'Reilly Autohotive Inc
Pwstarting Fluid
PD/TE-32 Battery
PD/TE-33 Air- Oil & Cabin Filters
PD/CREDIT- Warranty Retum Battery
PWFlap Wheel
PD/TE-31 Shaft Retum
PD/TE-33 Motor Oil
PWFlap Wheel for Shop
PWIy'-22 Radiator/Thermostat/Anti Freez€
PW,ry-22 Beluwater Pump
PD/TE-3I Axle
PWRetum Radiator
PWAr'-9 Water PumpiThermostaiFilters
PW,A/-22 Brakes
Pwnr'-22 Brake Pads
PW,^/-9 ThErmostat Housing
PWFlap Disc
PW,^V}leel Paint
PWTools
PD/TE-24 Batt€ry- Alremator- 02 Sensor
PD/TE-3O Oil Pres
PWShopAbsorb Pad
DSD/V-42 Filt€rs
PD/TE-24 Fuel Filter
PD/TE-24 Core Retr,rm
6,190.37
102.61
ACH 3653
790002160-01I
ACH 3730
1006'11524
100671524-A
1006'17770
r00678013
200460690
200462529
3774
ct48a12
c148873
ACH 3848
4447-|L9712
4447-119839
4447-119840
4447-119869
444',t 1198't0
4441 -1198'16
4447 -t19892
4M1"119932
4441-120092
4447 -t20rt8
4447 -120t23
4447 -1?0128
4447-120t70
4447 - 120t7'l
4447 -120198
4441-t2t072
4447 t2fi83
4441-t2tta3-A
444',7 -t2t295
4447-122t45
444'7 -t222\'7
4447-122251
4447 -t22368
4441-122396
4447-122419
102.61
102.61
20.36 I19.03
35.32 139.41
34.30 69.67
418.09
ACH
418.09
580.00
590.00
t,170.00
I,170.00
30.l8
238.55
52.63 -224.t1
21.43 -E8.03
48.24 11.14
296.88
219.84
289.54
-r4.84
237.84
382.14
3t.4',1
12.89 3E.59
25.12 3',7.53
698.95
8.13 34.31
69.83 19.03
AP Checks by Date - D€tail by Vendor Number (6/15/2022 2:10 PM) Page 13 CheckNo Vendor No VendorNrme Check Date
R€f€rence
CheckAmount
Invoice No
4447-122534
4447-123229
4447-123230
4447-t23278
4447 -t23288
4447 -123295
4447-123334
4447-1235t3
DSD/V-42 Wiper Blades
PW r'4 Oil & Cabin FilterlFipfr Batdes
PWAUiper Fluid for Shop
PD/TE-24 tgditiotr Coil/Spark Plug
PWV-4 Cabin Filter Return
PD/TE-35 Windshield RepaL Kit
PD/TE-24 Conduit
PWTests Kits
Toral for &is ACH Check foi Vendor 3848:
Total for Vendor 3848 (OT.eilly Automotive Inc):
TraIIic Management Incorporated
Strts/Str€€t Signs
Total for this ACH Check for Vendor 3868:
Total for Vendor 3868 (Trafrc Management Incorporated):
Michael K Nunley & Assoc Inc
The Aaldress
Total for lhk ACH Check for Vendor 3969:
Total for Verdor 3969 (Michael K Nunley & Assoc Inc):
William Funderburk
Post Perishable Skills Program-Fresnc/June 2G2
Total for this ACH Check foi Vendor 39E5:
Total for V€ndor 3985 (William Fundedurk):
AI&T Long Distance
PD/911 Long Distanc€/May 2l-I'dtrr20 2022
Total for this ACH Check for Vendor 4020:
Total for Vendor 4020 (AI&T Lotrg Di6tanc€):
Silv€r & Wrighr LLP
t€gal Sewices/April 2022
Legal Sewic€s/April 2022
Legal ServicevApril 2022
Legal Sewices/April 2022
Legal Services/April 2022
Legal Sewices/April 2022
Total for this ACH Check for Vendor 4023:
Total for Vendor 4023 (Silver & Wright LLP):
69.26 65.04
23.94 313.93
-15.74
t4.22
10.71 43.20
2,980.31
2,980.31
2,598.03
ACH 3868
865457
ACH 3969
1006E0
2,59E.03
2,598.03
EIE.E5
818.85
818.65
243.00
ACH
ACH
3985
wF62022
4020
5222022
243.ffi
52.20 ACH 4023
29604
29605
29606
29607
29608
29609
52.20 232.00
672.60
575.30
324.4O
394.40
208.80
2,407.90
2,407.90
AP Checks by Dat€ - Detail by V€rdor Nu$ber (6/15/2022 2:10 PM) Pag€ 14 Check No Vendor No
Invoice No
Vendor Name
Description
Cleck Dat€
R€ference
CheckAmount
ACH 4031
22-0033
ACH 4036
80879496
80949460
80949460-A
80949460-B
LI Directional Boring
Wtr/Bor€ Crew - ll2 S Crre€n St.
Total for this ACH Check for Vendor 403 I :
Total for Vetrdor 403 I (LT Directional Boring):
Waxie Sanitary Supply
PwJanitorial Supplies
PwJadtorial Supplies
Wts/Janitorial Supplies
Swr/Janitorial Supplies
Total for this ACH Check for vendor 4036:
Total for Vendor 4036 (Waxie Sanitary Supply):
Language Line Services Inc
PD nterprelation ServicesMay 2022
Total for this ACH Check for Vendor 4063:
Total for V€ndor 4063 (La4uage Line Services Inc):
American Safety Services Inc
Wtr/confined Space TGilei Inspection
Sw/confin€d Space Trail€r Insp€ction
Pwsafety Consulting^nspection & Reporting
PD/Safety Consulting^nspection & Reporting
Gc/Safety Consuhinlnspection & Re?orting
DSD/Safety Consulting^nspection & Reporting
Wtr/Saf€ty Consulting/lnspection & Reporting
Swr/Saf€ty Consulting/Inspection & Reporting
Swr/Safety Consulting/Inspection & Reporting
PWAED I$pection Fee
PD/AED Inspection Fee
GG/AED lnsp€ction Fee
DSD/AED Inspection Fee
Wtr/AED Inspection Fee
Swr/AED Inspection Fee
PWFirst Aid Kit Inspectiors & Supplies
PD/Fiist Aid Kit Inspections & Supplios
GG/First Aid Kit lnsp€ctions & Supplies
DSD/Fint Aid Kit Inspections & Supplies
Wtr,4irst Aid Kit tnspections & Supplies
Swr/First Aid Kit Inspections & Suppli€s
Tolal for this ACH Check for Vendor 4065:
Total for Vendor 4065 (American Safety Services Inc):
Jarcd McCombs
Perishabl€ Skills Prograrn-Fresnoflun 2?-July I :
6,750.00
6,750.00
6,750.00
38.61 66.29
66.29 66.24
231.47
ACH
23'1.41
4063
10555484
ACH 4065
301386 S
301386 S-A
301387 S
301387 S-A
3013E7 S-B
3013E7 S-C
30138? S-D
301387 S-E
301387 S-F
30138{l s
301388 S-A
301388 S-B
30138E S-C
30r388 S-D
301388 S-E
301389 S
301389 S-A
301389 S-B
301389 S-C
301389 S-D
301389 S-E
ACH 4017
Jljl.{o62022
33.75 75.00
75.00 21t.34
98.63 98.63
98.63 49.12
49.32 98.63
15.00 15.00
15.00 15.00
1.50 1.50
38.32 15.32
t5.32
15.32 15.32
53.64 |,082.74
|,042.'74
243.00
AP Checks by Date - D€tail by V€ndor Nu$b€r (6/15/2022 2:10 PM\ Pas€ 15 Check No Vendor No
Invoice No
Vendor Name Check Drte
Reference
CheckArnount
Total for this ACH Check for Vendor 4077:
Total for Vendor 4077 (Jared McCombs):
Califomia Police Chiefs Association
PD/CPCA Membership Ronewal
Total for lhis ACH Check for Vendor 4084:
Total for Vendor 4084 (Califomia Police Chiefs Association):
Tehachapi Police Foundation
Golf Toumament Te€ Sponsoiship
Tolal for this ACH Check for Vendor 4100:
Total for V€ndor 4 I 00 (Tehachapi Police Foundation):
Lawson Products
ED/Bolts for Farme6 Mark€t Trailer
Total for this ACH Check for Vendor 4103:
Total for Vendor 4 I 03 (Lawson Products):
Waste Management
Retuse Conn'act/April 2022 Billing
Recycling Contract/April 2022 Billing
Kem Cou.dty Bin Disposal Fees/April2022 Billi:
Total for this ACH Check for Vsndo. 4 142:
Total for Vendor 4142 (Waste Management):
Core & Main LP
Wtr/lvle&rs
Wtr/Claps for Repaii
Total for lhis ACH Check for Vendor 4157:
Total for Veodor 4 I 57 (Core & Main LP):
Data Ticket Inc.
Citation & Payment Proc€ssing/Apr 2022
PD/Citatior/Notices/FTB CollectionsApr2022
Total for this ACll Check for Vsndor 4194
Toral for Vendor 4194 (Data Ticket Inc.):
Waste Management (ACH)
243.00
ACH 4084
22t6',1
ACH 4100
622022
440.00
440.00
440.00
100.00
100.00
ACH 4l03
9309613076
100.00
10.48 10.48
ACH 4142
4302022-A
4302022-B
43mO22-C
4t5'1
Q120393
Q862938
4194
137638
t37952
10.48 83,746.70
17,590.89
14,025.10
115,362.69
ACH
[5,362.69
3,040.54
944.12
3,985.26
ACH
3,945.26
459.19
144.35
603.54
603.54
ACH 4230
AP Checks by Dale - Detail by Vendor Nuinb€r (6115/2022 2tl0 PMI Page 16 Check No Vendor No
Invoice No
Vendor Name Check Date
Reference
CheckAmount
0009358-4808-5
ot32523 -4792-2
0132537 -4792-0
0171906-4808-3
0171907-4808-l
0171909-4808-7
Swr/Street Sweeping #2243 626 -o3ooB lMay 202
PwPropane for PW Shop #19-17983-7300May
Wtr/Propane for Water Shop #19-1798-83008nv{
Gc,lDocument Destruction #19-62748-03007Mi
PDMonthly Document Shr€d #19-62760-53009,
Swr/3 Yard Bin # 19-658 45-33006/May 2022
Total for this ACH Ch€ck for Vendor 4230:
Total for Vendor 4230 (l aste Managem€nt (ACH)):
Triad Investigative Services
Backgroung Investigationsd ClarldJ Rupert
Backgroung Inv€stigations/R Hulse
Total for this ACH Check for Vendot 4265:
Total for Vendor 4265 (Triad Investigative Servic€s):
Center for Hearing Health Inc.
Wtr/Annual Hearing Test
Swr/Annual Hearing Test
PwAnnual Hearing Test
Total for tiis ACH Check for Vendor 4303:
Total for Vendor 4303 (Center for Hearing Health Inc-):
Wex Bank
PD,ryatrol Vebicle Fuel
Total for this ACH Check for Vendor 43 I 5:
Total for Vendor 43 I 5 (wex Bank):
1,554.91
1,332.30
360.70
36.05 36.05
122.63
3,442.U
ACH
ACH
4265
6\32022
6132022-A
4303
19363
19363-A
19363-B
4315
81315375
4330
1479568
4331
lL94145
3,442.64
3,787.50
1,522.50
5,310.00
ACH
5,310.00
86.80 62.OO
4',t | .20
620.00
ACH
620.00
691.27
691.27
ACH
691.27
17.13 Jim Burke Ford
PD/TE-35 Screw458 Grcase
Total for this ACH Check for Vendor 4330:
Total for Vendor 4330 (Jirn Burke Ford):
Klein D€natale Goldner Attomey at Law
DsD/Professional Sewices Ending April 19 202i
Total for this ACH Check for Vendor 433 I :
Total for Vendor 433 I (Klein Denatale Goldner Attomey at Law):
Canon Financial Services Inc
GG/Canon Copier Mar 2022
DSD/Canon Copier Mar 2022
PD/Canon Copier Mar 2022
17.13 17.13
4,833.00
4,833.00
ACH 4353
283149t5
28374915-A
28374915-B
4,833.00
47 t.99
3t6.O2
290.72
AP Checks by Date Deiail by Vendor Number (6115/2022 2:10 PM, Page 17 Check No Vendor No
Invoice No
Vendor Name Check Date
R€fererce
Ch€ck Amount
28536495
28536495-A
28536495-8
ACH 4358
49503
4363
670796
670833
ACH 4384
FBN44E7446
FBN4487446-A
FBN4487446-8
FBN,{48744GC
FBN,I48?44GD
FBN.I48?44GE
FBN,I48?446F
FBN,1487446-c
FBN,t4874,f6-H
FBN,1487445-I
GG/Canon Copier AFr 2022
DSD/Canou Copier AF r 2022
PD/Canon Copier Apr 2022
Total for this ACH Check for Vendor 4353:
Total for Vetrdor 4353 (Catron Financial Services Inc):
Lease Servicing Center Inc
Swr/E-2I 8 Lease/Apr 2022
Total for this ACH Chcck for Vendor 4358:
Total for Vendor 4358 (Lease Servicing Center Inc):
Global Environmental Products
Swr/E-218 Bnle Cords
S*t/E-218 Brale Line/Clip
Toral for rhis ACH Check for V€odor 4363:
Totat for Vendor 4363 (Global Environmental Products):
Enterprise FM Trust
Wh/Truck LeasdJun 2022
Wtr/Truck IrasdJun 2022
Sw/Truck Lease{un 2022
GG/Truck Lease/Jtm 2022
PWTruck Lease/Jun 2022fint
PWTruck taasdJun 2022lPrinc
Truck LeasdJun 2022lPdnc
Truck Lease/Jun 2o2rPrinc
WE/Truck Ilas€/Jurl 2022,{nt
Wa/T ck laase[uD 2022lPrinc
Total for this ACH check for Vendor 4384:
Total for Vendor 4384 (Enterprise FM Trust):
297.99
265.39
309.13
1,95t.24
|,951.24
3,527.98
3,521.98
ACH
3,52't.98
869.56
63.05 932.61
932.61
454.39
1,908.00
r,o72.63
246.36
1,008.15
1,008.15
-1,00E.15
243.68
1,008.34
6,575.88
ACH 4389
227650157
221650356
6,575.EE
81.00 155.00
Orkin
GG/Pest Insp€ction
DSD/Pesi lrspection
Total for lhis ACH Check for Vendor 4389:
Total for Veqdor 4389 (Orkin):
236.00
ACH 4391
1466
Specialized Utility Services Prognm
SwrMonthly CPO S€rviceMay 2022 6,000.00
Total for this ACH Check for Vendor 439 I :
Total for Vendor 4391 (Specialized Utility Services Program):
6,000.00
6,000.00
AP Ch€cks by Date - D€tail by Vendor Number (6 /1512022 2:lo PM) Page 18 Check No Vendor No Vcndor Name Check Date CheckAmount
ACH 4400
rNv-009670
Springbrook Holding Co. LLC
CG/Civic Pay & PayPal Transaction Fee$May 2
Total for this ACH Check for Vendor 4400:
Total for Vendot 4400 (Springbrook Holding Co. LLC):
Joe Mar Polygraph & Investigation Svc Inc
Pre-Employment Polygraph./Ruppert
Pre-Employment Polygraph,/Clark
Total for this ACH Ch€ck for Vendor 4435:
Total for Vendor 4435 (Joe Mar Polygraph & Investigation Svc Inc.):
Team Professiotral Services
GG/Covid Testing
Total for this ACH Check fot Vendor 4492:
Total for Vendor 4492 (Team Professional Sewices):
The Lew Edwards Group
Cc/Public Opinion Researchl Apr 2022
Total for this ACH Check foi Vendor 4549:
Total for Vendor 4549 (The I-ew Edwards Group):
Variable Speed Solutions Inc.
Swr/Recycled Waler Pump Station
Total for this ACH Check for Vendor 4567:
Total for Vendor 4567 (Variable Speed Solutions Inc.):
Linde Gas & Equipment Inc
Wtr,4ndustrial Acetylene
Pwlndustrial Acetylene
Total for this ACH Check for Vendor 4569:
Total for Vendor 4569 (Linde Gas & Equipment lnc):
SWCA Inc.
Dennison Bicycle & Ped lmprovement
Total for this ACH Ch€ck forV€ndor4580:
Total for Vendor 4580 (SWCA Inc.):
701.85
701.85
ACH 4435
632022
6't2022
4569
10509484
10509484-A
701.85
225.00
225.00
450.00
ACH 4492
87690
ACH 4549
0tl
ACH 456't
22382
90.00 6,000.00
90.00 6,000.00
6,000.00
40,263.20
40,263.20
ACH
40,263.20
5E.75
l3?.09
195.84
ACH 4580
144942
r95.84
1,356.83
1,356.83
1,356.83
AP Ch€cks by Date - Detail by Vendor Number (6/15/2022 2:10 PM\ Page 19 Check No Vendor No
Invoice No
Vendor Ntme Check Drte
Reference
Check Amount
ACH
ACH
4604
14135720
4620
u)52682
4630
1727085
4631
6r32022
Pape Material Handling
PWE-212 Repairs
Total for this ACH Check for Vendor 4604:
Total for Vendor 4604 (Pape Material Handling):
funcon Consultants, IncDSD/Annex No. 86
Tolal for this ACH Check for Vendor 4619:
Total for Vendor 4619 (Rincon Consultants, Inc.):
l,8El.88
1,881.88
ACH 4619
39405
1,881.88
|,2E2.00
t,282.00
TJKM
Ciry TrafTic Fee
r282.N
4,6'70.00
Total for lhis ACH Check for Vendor 4620:
Total for Vendor 4620 (IJKM):
Wallace Group
Swr^WD & Fog Progrdm
Total for this ACH Check fo! Vendor 4623:
Total for Vendor 4623 (Wallace Group):
Tapco Inc.
Strrs,/Street Signs
Total for this ACH Check for Vendor 4630:
Total for V€ndor 4630 (Tapco Inc.):
Great€r Tehachapi Economic Developnent
ED/ABC Lic€nse Retund
Total for this ACH Chcck for V€ndor 463 I :
Total for Vendor 4631 (Greater Tehachapi Economic Development Council):
Report Total (92 checks):
4,610.00
ACH 4623
56235
4,670.00
4,4l1.50
4,411.50
ACH
4,4t1.sO
6,520.50
6,520.50
ACH
6,520.50
650.00
650.00
650.00
579,311.08
AP Ch€cks by Date - D€tail by V€ndor Number (6/rs12022 2.10 PM) Page 20 Accounts Payable
Checls by Date - Detail byVelrdorNumber
User: aftesc8s
$ 2022l|57 I\M
CITY OF
EHACHAPI
CALITORNIA
CheckAmolrt Check No Vetrdor No
ItrYoicc No
Vendor Nrne Check Drte
Rcfercnce
5138/. ,1458
194t9
Soilwodcs
Air/275 Col Totc ofcqillr Soot
MMn022
'Ibtnl for ch€.kNulb€t 57384:
Tot&l for V€odor 4458 (So worlc):
Report Tot8l (l checlc):
30,560.12
30,5&.72
t0,sffi.72
30,5&.72
AP Cnedi3 by D.!e - Det if by rr'@dc NttEb€r (6t12022 Il:57 AM) Accounts Payable
Checls by Date - Detail byVendorNumber
Us€f,:
Printed:
r&escrs
6ll5nv2L 2:.l2PM
TYO
EH
F
ACHAPI
@
CAL}TORNIA
Chc€kNo Ve[dorNo veltlorNrme CheckAmoE
hvoi.f, No l).tcdption
Ch€chDrt€
Rdcre[cc
AC*l 0362
vt1ml
9174576
0!749M
RSI Pairoleum Plodrss
PIY Jd.a&d G.r N.$, St6ags Trtrk
Pwlrdraded G.r StqlgG lbk
Plv^ldc.dtd G.dDi6€l Ftel
L78s23
1,07t.15
4,67894
Totd f6 tirACIl Cheok &r r&od6 m62:
Totsl for V€odtr 0362 @SI Petrolem Products):
Report Total (1 checkr):
8,s37.62
E,537.62
E,537.62
AP Ctcots by rc - Dli.il ty V.odormd6 (d15ir2@2 2:l2PM) PagF I
CITY OF TEHACHAPI
TREASURER'S REPORT
May 31, 2022
INVESTMENTS
PURCHASE MATURITY ACCOUNT/ STATED PAR PURCHASE MARKET YIELD TO
DATE DATE CUSIP INSTITUTION RATE AMOUNT AMOUNT VALUE MATURITY U.S. TREASURY SECURITIES
04-06-22 04-30-23 912828R28 US Treasury Note 1.63 1,000,000.00 998,470.00 995,780.00 1.77 04-06-22 03-31-25 9128284F4 US Treasury Note 2.63 250,000.00 250,000.00 249,462.50 2.63 TOTAL U.S. TREASURY SECURITIES $ 1,250,000.00 $ 1,248,470.00 $ 1,245,242.50
GOVERNMENT AGENCY ISSUES
04-25-22 c 04-25-24 3130ARMY4 Federal Home Loan Bank 2.65 1,000,000.00 1,000,000.00 1,000,020.00 2.65 04-28-22 c 04-28-26 3130ARN64 Federal Home Loan Bank 3.13 250,000.00 250,000.00 250,060.00 3.13 04-06-22 04-05-27 3133ENTS9 Federal Farm Credit Bank 2.60 250,000.00 249,070.25 246,657.50 2.68 04-28-22 c 04-28-27 3130ARMP3 Federal Home Loan Bank 3.23 250,000.00 250,000.00 250,000.00 3.23 c = callable
TOTAL GOVERNMENT AGENCY ISSUES $ 1,750,000.00 $1,749,070 $1,746,738
CERTIFICATES OF DEPOSIT
04-07-22 04-07-25 02589AC34 American Express National Bank 2.55 246,000.00 246,000.00 242,804.46 2.55 04-08-22 04-08-25 87165HM98 Synchrony Bank 2.55 246,000.00 246,000.00 242,797.08 2.55 04-13-22 04-14-25 38149M4S9 Goldman Sachs Bank 2.55 246,000.00 246,000.00 242,755.26 2.55 04-13-22 04-13-26 14042TFH5 Capital One Bank 2.65 246,000.00 246,000.00 241,648.26 2.65 TOTAL CERTIFICATES OF DEPOSIT $984,000 $984,000 $970,005
STATE OF CALIFORNIA LOCAL AGENCY INVESTMENT FUND
n/a n/a 98-15-914 State of California LAIF 0.68 13,891,894.09 $13,891,894.09 13,891,894.09 0.68 TOTAL LAIF ACCOUNTS $ 13,891,894.09 $13,891,894.09 13,891,894.09
JOINT POWERS AUTHORITY POOL
CHANDLER ASSET MANAGEMENT
n/a n/a 99CAMBX$1 CSJVRMA Investment Pool $2,326,313.30 $2,326,313.30 2,230,028.99 TOTAL MUTUAL FUNDS $ 2,326,313.30 $2,326,313.30 2,230,028.99 SUBTOTAL OF ALL POOLED INVESTMENTS $ 20,202,207.39 $ 20,199,747.64 $ 20,083,908.14
POOLED CASH BANK ACCOUNTS
BANK
STATEMENT
ACCOUNT NAME INSTITUTION BALANCE
CITY OF TEHACHAPI BANK ACCOUNTS
General Checking Bank of the Sierra 448,736.50
Police Department Bank of the Sierra 12,951.62
Water Deposit Trust Bank of the Sierra 120,841.50
Payroll Bank of the West 70,384.63
AFLAC Flex Spending Bank of the West 17,634.90
Airport Credit Card Sales Bank of the West 51,056.60
Ashtown Water Escrow Bank of the West 113,310.97
TOTAL CITY OF TEHACHAPI BANK ACCOUNTS $834,917
CITY FISCAL AGENT CASH
PURCHASE MATURITY ACCOUNT INTEREST MARKET YIELD TO
DATE DATE FUND NUMBER RATE COST VALUE MATURITY
BOND PROCEEDS
$ - $ -
RDA SUCCESSOR AGENCY FISCAL AGENT CASH
PURCHASE MATURITY ACCOUNT INTEREST MARKET YIELD TO
DATE DATE FUND NUMBER RATE COST VALUE MATURITY
BOND PROCEEDS
TEHACHAPI 2017 TAX ALLOCATION BONDS
Fiscal Agent: Bank of New York Mellon
n/a n/a 17AB TABS DEBT SERVICE 993546 0.00 154,446.60 154,446.60 0.00 n/a n/a 17A TABS RESERVE 993695 0.00 197,991.60 198,049.14 0.00 n/a n/a 17B TABS RESERVE 993734 0.00 202,586.40 202,645.10 0.00 TOTAL TEHACHAPI 2017 TAX ALLOCATION BONDS $555,024.60 $555,140.84 1 CITY OF TEHACHAPI
TREASURER'S REPORT
May 31, 2022
SUMMARY OF CASH AND INVESTMENTS
Cash in Bank Accounts $ 834,917
Pooled Cash Investments $ 20,083,908.14
City Fiscal Agent Cash $ -
Subtotal $20,918,825
Successor Agency Fiscal Agent Cash $555,141
Grand total $21,473,966 *
Investment Policy Statement
All investments are in full compliance of with the City of Tehachapi Investment Policy. The City of Tehachapi will meet its expenditure obligations for the next six months.
The market values presented for pooled City investments are based on closing prices for the related investment as of the date of this report. This information was obtained from Intercontinental Exchange, Bloomberg, Refinitiv, and other reliable sources of market prices. 2 CITY OF
TE HAC HAPI
CALIFORNIA
COUNCIL REPORTS
MEETING DATE: JUNE 20,2022 AGENDA SECTION: AIRPORT
DEPARTMENT
APPROVED
CITY
TO HONORABLE MAYOR SMITH AND COUNCIL MEMBERS
FROM: ASHLEY WHITMORE, AIRPORT MANAGER
DATE: JUNE 14,2022
SUBJECT: AERONAUTICAL HANGAR GROUND LEASE AGREEMENT - HANGAR 38W
BACKGROUND
Paul A. Nafziger recently purchased hangar 38W located at the Tehachapi Municipal Airport. The attached Aeronautical Ground Lease Agreement has a term starting on June L,2022.
FISCAL IMPACT
Rental Payment:
S105.94 /month
S1,283.28 /year
RECOMMENDATION
APPROVE THE AERONAUTICAL HANGAR GROUND LEASE AGREEMENT FOR HANGAR 38W BETWEEN THE CIW OF TEHACHAPI AND PAUL A. NAFZIGER
AERONAUTICAL GROUND LEASE AGREEMENT
(Tehachapi Airport)
THIS LEASE AGREEMENT, hereinafter referred to as this "Lease", is made and entered into this 1sr day of June 2022, by and between the CITY OF TEHACHAPI, hereinafter referred to as'LESSOR", and PaulA. Nafziger, 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 for 2O years, commencing on June 1 , 2022 and terminating on May 31,2042 (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 priorto the expiration of the lnitial Term or the first additional term whichever applies. ln the event LESSEE exercises its option to renew the Lease, the renewal shall be on the same terms and conditions as described in this Lease. except for rental and as to the renta! to be charged, same shall be calculated based on the rental rate or rentalformula then in effect by the LESSOR for new aeronautical hangar ground leases. !n addition, the rental terms for the renewal period shall include requirements for such increases as is then required by the LESSOR fornew 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 shallexpressly 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 $106.94 per month payable in advance on the first day of each month commencing June 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 notiff 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 and24.
5. INTEREST:
lf the payments required herein are not paid afterthey 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 infull.
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 usesinclude:
. storing active aircraft;
. maintenance, repair, or refurbishment of aircraft, but not indefinitely storing nonoperational aircraft; o constructing amateur-built or kit-built aircraft provided that activities are conducted safely;
. storing aircraft handling equipment, 8.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;
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o 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' primaryuse; 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 hangar while the aircraft usually stored in that hangar is flying, subject to local airport rules and regulations.
a
a
(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 shallabate 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. ln 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 suchcondition. (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 hangarthereon nor shall LESSEE allow the demised premises or any structure or hangar thereon to be used for living or residential purposes. The determination of 3 of 15
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. GONDITION 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. SAFEW:
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 potentialfire, 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 propefi in a condition consistent with current city and county firecode.
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 beincurred in obtaining the extension of public utility services to the demised premises from existing facilities or any modification ofsame. 4 of 15
12. UTILITIES:
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-agreementcondition.
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 shallgive 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 materialdefault of this Lease. lf LESSEE has received an offerto purchase the lmprovements that LESSEE is prepared to accept, the Lessee Notice shall contain a complete copy of the offer (the "Offe/'), 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. ln 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 otherwise 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 Paragraph24 and, additionally, LESSOR shall have the right to increase the rental to 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 thepurchaser.
O 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 6of15
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 INSPECTION:
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 property on the airport or in the neighborhood of the premises. LESSOR shall compensate LESSEE for any and all damage to LESSEE'S improvements and personal property caused by the exercise of the rights reserved in this paragraph.
18. INDEMNIFICATION:
LESSEE agrees to indemnifo, 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 thisLease or any holding over. The 1 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. LIABILITYINSURANCE:
LESSEE, in orderto 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, shall secure 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 lnterest 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.
\Mthin 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 property 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.
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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 AGREEMENTS 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. AERONAUTICALRESTRICTIONS:
(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 space 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 laMul 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 growth or other obstructions on the demised premises above the maximum elevation permitted by the Federal Aviation 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 inequity. (c) LESSEE shall not make use of the demised premises in any manner, which might interfere with lawful 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 h ind rance.
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(e) LESSOR reserves the right, but shall not be obligated to LESSEE, to maintain and keep in repair the landing area at the TehachapiAirport 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 unfitforaeronautical use by the FAA or by LESSOR or by the Aeronautical Division of the California Department of Transportation, or the airport ceases 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.
0 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. SUBLETT!NG:
(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:
0 Any assignment or sublease shall be in writing and shall provide thatthe assignee or sublessee shall agree to and be bound by all of the terms and conditions of the Lease; (iD 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 hangered on the premises that are owned by sublessee or assignee or other third party; and (iiD A rental adjustment, which shall be, based on the rentalthen in effect by LESSOR for new aeronautical ground leases.
(b) ln 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
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 propefi 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. BANKRUPTGY:
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 ofany other provisions contained herein. 11 of 15
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 notiee, 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 nuisan@ as required therein and nothing herein shall be deemed to waive or modify 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 OF 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, L2 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 shallbe 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 ESSENCE:
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. SEVERAB!LITY:
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. NOTIGES:
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 asfollows:
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TO LESSOR: City Manager
City of Tehachapi
1 15 South Robinson Street
Tehachapi, CA 93561
TO LESSEE: PaulA. Nafziger
17514 Rocking Horse Road
Tehachapi, CA 93561
661-972-3156
[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. ATTORNEY'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 form and content as may be proposed byLessor.
L4 of 15
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 WTNESS WHEREOF, the parties have hereunto set their hands the day and year first above written.
LESSOR LESSEE:
CIry OF TEHACHAPI
By By
Phillip A. Smith
Mayor
City of Tehachapi, California
Paul A. Nafziger
Aircraft lnformation:
15 of 15
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CITY OF
TE HAC HAPI
CALIFORNIA
COUNCIL REPORTS
MEETING DATE: JUNE 20,2022 AGENDA SECTION: PUBLIC WORKS
APPROVED
DEPARTMENT
CITY
TO HONORABLE MAYOR PHILIP SMITH AND COUNCIL MEMBERS
FROM: DON MARSH, PUBLIC WORKS DIRECTOR
DATE: JUNE 20th, 2022
SUBJECT: CITYW!DE IANDSCAPE MAINTENANCE SERVICES AGREEMENT
BACKGROUND
On April t8, 2022, City staff released a Request for Proposal (RFP) for Landscape Maintenance Services. The RFP was posted on the City website and was directly advertised to six different landscaping companies. At the close of the bid period, staff received two responses to the RFP. A summary of the bid responses are as follows:
Bidder Monthly Cost
Brightview Landscape Services, lnc. $29,7O4.OO
Alpha Scapes, lnc. $31,561.50
Both bids were reviewed and determined to be complete and responsive.
FISCAL IMPACT
The expenses for this work are included in the FY2O22|2O23 budget.
RECOMMENDATION
APPROVE THE AGREEMENT BETWEEN THE CITY OF TEHACHAP!AND BRIGHTVIEW LANDSCAPE SERVICES, INC
FOR LANDSCAPE MAINTENANCE SERVICES AND AUTHORIZE MAYOR TO SIGN
AGREEMENT
THIS AGREEMENT made this lSl_day of Ausust, 2022, by and between the CITY OF TEHACHAPI, hereinafter "City", and BRIGHTVIEW LANDSCAPE SERVICES. INC., hereinafter "Contractor,"
WITNES$ETH:
WHEREAS, City wishes to provide for landscape maintenance services on City property throughout the City as more particularly described hereinafter (the "Services"); and
WHEREAS, Contractor wishes to contract with City to perform the Services and City is agreeable thereto under the terms and conditions hereinafter described.
NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth hereinafter, the parties agree as follows:
1. The parties incorporate the foregoing recitals as if fully set forth herein verbatim.
2. City hereby contracts with Contractor and Contractor agrees to perform the Services pursuant to the terms and conditions of this Agreement.
3. Contractor agrees to perform the Services described in Exhibit "A" attached hereto and by this reference made a part hereof. Subject to the terms and conditions of this Agreement, City shall pay Contractor for the Serviceg $29.704 per month (the "Monthly Fee"). Prior to payment of any compensation to Contractor, Contractor shall first provide City with an invoice for the Services provided in the foregoing month (or such other longer period as determined by Contractor) and the amounts due and owing. Same shall first be reviewed by the City Manager or the City Manager's representative and approved for payment.
Thereafter, same shall be submitted to the City Council at the next regularly scheduled meeting for which the matter can be presented for consideration.
Thereafter, upon approval by the City Council, the invoice shall be paid in the amounts approved by the City Council within a reasonable time thereafter.
4. In the performance of Contractor's duties hereunder, Contractor shall provide all vehicles, tools, personnel, equipment, supplies and all such other items as are necessary or convenient to completing the Project at Contractor's sole cost and expense.
5. Contractor, at Contractor's sole cost and expense, shall maintain throughout the term of this Agreement (i) all Worker's Compensation Insurance where and in the amounts required by law, (ii) a Comprehensive General Public Liability Insurance Policy from a company approved by City for protection against liability to the public arising as an incident of Contractor's performance hereunder in amounts not less than $l million per occurrence and said policy shall be primary insurance naming City, its officers, councilpersons, employees, contractors, and representatives as additional insureds and affording City at least l0 days notice prior to cancellation or reduction of coverage, and (iii) Vehicle Liability Insurance in amounts not less than those set forth in Subparagraph (ii) of this Article 5. In the event any such policy shall lapse or be canceled, City may, at City's sole discretion, terminate this Agreement without further notice to Contractor. Contractor shall provide City with a Certificate of Insurance veriffing Contractor's compliance with the foregoing. This Agreement shall not be effective until City has received and approved same.
6. Contractor shall pay, and shall require subcontractors to pay, employees a salary or wage at least equal to the prevailing salary or wage established for such work as set forth in the wage determinations and wage standards applicable to the Services. In accordance with Section 1775 of the California Labor Code, Contractor shall pay such penalties and incur such costs as described therein and as are more particularly determined by the Labor Commissioner, in the event of any violation of the foregoing requirement. In addition to the foregoing, Contractor and all subcontractors shall pay to workmen employed in the performance of the Services no less than the general prevailing rate of per diem wages for holiday and overtime work fixed as provided in the Labor Code. Copies of the prevailing rate of per diem wages are on file at City's principal office and are available for examination by any interested party on request, during normal business hours. Contractor shall keep an accurate payroll record showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each worker or other employee employed by Contractor hereunder.
7. Contractor hereby indemnifies, agrees to defend, and holds harmless City, its officers, councilpersons, employees, contractors, and representatives from any and all claims, demands, suits, judgments, liability, damages, costs, and expenses arising in any manner out of this Agreement or occasioned by the performance or attempted perforrnance of the provisions hereof including but not limited to any act or omission to act on the part of Contractor or Contractor's employees, subcontractors, agents, or representatives.
The foregoing obligations of Contractor shall survive the expiration or termination of this Agreement.
8. The term of this Agreement shall be from August 1,2022 to July 31,2024 (the "Initial Term"). City shall have the right to extend the Initial Term for up to thirty-six (36) months upon written notice to Contractor prior to expiration of the Initial Term (the "Extension"). The Extension shall be under the same terms and conditions as described in this Agreement except for the Monthly Fee which shall be negotiated between the parties prior to commencement of the Extension, provided, however, that if the parties cannot reach agreement on the Monthly Fee prior to commencement of the Extension, this Agreement shall terminate except as to those obligations of the Contractor specifically described herein as surviving the termination of this Agreement. 2 (a) In addition to any other methods of termination described in this Agreement, City may terminate this Agreement at any time upon determination that Contractor is not performing its duties properly or has otherwise breached this Agreement. In the event of termination based on nonperforrnance or other breach of this Agreement, City shall so notiff Contractor and this Agreement shall be immediately terminated thereafter and Contractor shall not be entitled to payment for those services performed in default of this Agreement. (b) In addition to the foregoing and any other methods of termination authorized in this Agreement, either party may, in its sole and absolute discretion, terminate this Agreement upon 120 days written notice to the other.
In the event of any such termination, Contractor shall be entitled to payment for Contractor's performance of its obligations hereunder to the date of termination subject to City's approval and acceptance of Contractor's performance.
9. Contractor's services are utilized by City only for the purpose and to the extent set forth in this Agreement and Contractor's relationship to City shall, during the term of this Agreement, be that of an independent contractor.
10. In the performance of its obligations hereunder, Contractor acknowledges that Contractor and Contractor's employees, subcontractors, agents, and representatives may encounter dangerous conditions either on real properry owned or controlled by City, or in the manner in which Contractor is required to or chooses to perform its obligations hereunder, or in any other aspect or part of its perfonnance hereunder. Contractor for itself and on behalf of its employees, subcontractors, agents, and representatives assumes the risk of same and hereby waives, releases, and forever discharges City, its officers, councilpersons, employees, contractors, agents, and representatives from any and all liability, claims, actions, losses, costs, and expenses arising out of all injuries, and damages which may be suffered by Contractor or Contractor's employees, subcontractors, agents, or representatives including, but not limited to, any of same attributable in any way to any act or omission to act or any negligence whatsoever, whether passive or active, by City, or City's officers, councilpersons, employees, contractors, agents, or representatives. Contractor represents and warrants that it has read and fully understands the provisions of Section 1542 of the Civil Code of California which states as follows:
"A general release does not extend to claims which the
creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her would have materially affected his or her settlement with the debtor or releasing party."
Contractor on behalf of itself and its employees, subcontractors, agents, and representativEs hereby expressly waives and releases any right or benefit which each has or may have under Civil Code Section 1542.
I l. Contractor shall not assign any portion of this Agreement to any other person or entity.
J
12. If any portion of this Agreement shall be considered invalid by any court of competent jurisdiction, said invalid portion shall not affect the validity of the remainder of the agreement and the agreement shall continue in full force and effect as if the invalid portion had not been included therein.
13. Any notice required or permitted under this Agreement or at law shall be deemed to be delivered when personally served on the party to be noticed or (a) on the next business day following deposit of the notice with an ovemight delivery service, provided the overnight carrier's records confirm delivery, @) when delivered by United States Mail, Postage Prepaid, Registered or Certified Mail, Retum Receipt Requested, with the date of signing the Return Receipt (or refusal to sign) deemed the date of service, (c) three business days following deposit in the United States Mail, Postage Prepaid, (d) when sent by confirmed facsimile transmission, or (e) when sent by electronic mail ("email").
The following addresses shall be used: City - Greg Garrett, 115 South Robinson Street, Tehachapi, California 93561, Fax (661) 822-2197, Email [email protected]:and Contractor - David Moo, Fax - (909) 350- 9220 , Email - [email protected]. Any party may change any of the foregoing as it relates to the party by giving written notice to the other party in the manner set forth herein.
14. If any action is commenced between the parties concerning any provision of this Agreement or the rights and duties of any party in relation thereto or the interpretation of this Agreement, the prevailing party shall be entitled, in addition to such other relief as may be granted, to a reasonable sum for the party's attorney fees in such action.
15. This Agreement may be amended only by a writing executed by all parties.
16. The parties hereto agree that this Agreement accurately reflects the agreement of the parties and is the product of negotiations between the parties, and shall not create a rebuttable presumption against the party who drafted same.
17. This Agreement contains all of the agreements of the parties with respect to all matters mentioned herein and no prior agreement or understanding pertaining to any such matter shall be effective.
18. This Agreement may be executed in counterparts. A facsimile or electronic copy of this fully executed Agreement shall be as effective as the original for all purposes.
19. This Agreement shall
accordance with the laws of the State of
by and construed in
20. 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 be govemed
California.
4 the time for perlbrmance of anl.such provision.
21. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto. and their respective heirs. successors, and assigns.
Not*'ithstanding the tbregoing. Contractor shall not, under any conditions, assign this Agreement or any part thereof to any other entity or individual.
22. Clontractor is an independent contractor under this Agreement and is not an agent or employee of City. As such, Contractor is not entitled to participate in any' plans. arrangements, or distributions that City may now or hereafter have. including. without limitation, retirement plans, health care or similar benefits fbr regular employees.
IN WITNESS WHEREOF, the parties have executed this Agreement to be efTective on the date first hereinabove written.
PHILIP A. SMITH, Mayor, City of
Tehachapi, Califomia
BRIGHTVTEW LANDSCAPE
SERVTCES, [NC,
a California Corporation "Contractor"
FRED FREUND, SeniorMce President
5 ;t TEHAC HApr
EXHIBIT ''A''
Scope of Services bv Contractor
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BrightView I
Landscape [\Iai ntenance Services
City of Tehachapi
BrightView
INTRODUCTION
Our local branches have been providing comprehensive landscape management programs to customers for over 40 years. The local branch of BrightView Landscape Services located h San Fernando specializes in municipal accounts and our current portfolio includes the City of Duarte, City of Paramount, City of West Hollyruood, City of Upland, City of Rancho Cucamonga, City of Riverside, various large homeowner associations, universities and schools, as well as commercial customers throughout Southern California. We are a quality-oriented company that offers fullservice for your complete landscaping needs. By formulating a Pro-Active Maintenance Plan, directed byknowledgeable supervision, we are confident we c€ln provide the Landscape Maintenance Services for the City of Tehachapi with a highly detailed maintenance and management program at a competitive price that will ensure a neat and professional appearance.
Some of the beneflts you will receive by using the services of BrightView Companies are:
' A detailed work plan and schedule that will offer the least inconvenience to the public . Excellent communication and strong management of personnel . Specialized departments to assist onsite crew including:
o Arbor Care Department overseen h/ ISA certified Arborists o Spray and Pest Control Department with 6 licensed applicators (OAL) o lrrigation Department overseen and trained by Certified lrrigation Auditor o Access to additional experts including agronomists and horticultural Ph.D.'s . An industry leader with a strong emphasis on safety
. The financial security of the largest landscape company in the U.S. 24 hours, 7 days a week emergency service
lncluded h our proposa! are the following key points.
' Strong Reputation Working Wth Municipalities, Universities, and Schools h Southern California - BrightView Landscape Services has significantly grown our Municipality portfolio over the past five years and has earned a great reputation with various Cities. BrightView b currently providing landscape services for the City of Norco, City of Duarte, West Hollywood, City of Cerritos, City of Paramount, City of Upland, City of Rancho Cucamonga, and City of Riverside. Each city has a different set of needs therefore we have tailored a specific maintenance program for each client. This custom tailoring has allowed us to not only meet the City's expectations but to exceed them. With many of these clients, BrightView currently maintains the parks, parkways and medians. h addition to the services provided for these Cities, Brightview also maintains several schools within the region including the University of La Verne, Cal Baptist University, Western Christian Schools - Claremont and Upland Campuses, Etiwanda Unified School District, and The Webb Schools.
'Drawing on National Resources - BrightView b proud to offer a wide array of services and resources outside the general scope of landscape maintenance. These additional resources include an lrrigation Department overseen and trained by Certified lrrigation )
1 Auditor, access to our design team, 24 hours, 7 days a week emergency service, a detailed work plan and schedule, access to our m staff Agronomist John Law Ph.D., an Arbor Care Department overseen by ISA certified Arborists, a Spray ard Pest Control Department with 6 licensed applicators (OAL).
. Irrigation Management and Central Control - Proper irrigation management will not only save you money h water usage and repairs, but it will also maximize the life of the plant material. Our irrigation technicians will perform daily audits of your irrigation system to ensure that all irrigation inefficiencies are addressed. Ot a daily basis, BrightView will monitor the controllers and amount of water usage. \A/e will also provide irrigation reports to show areas that require repair or improvement.
. Tools of the trade - BrightView possess the resources to partnerwith the city and their green initiatives. \A,b have the capacity to purchase the necessary hardware (tablets, laptops, smart phones, etc.) to meet any requirements.
. Safe work procedures - ft is BrightView policy to apply and follow the guidelines h the Cal Trans Watch Manual for all traffic control procedures when woking along all city parkways and medians. BrightView has the necessary cones, signage (including arrow boards), ard strobe lighting installed m vehicles to keep all employees and the community completely safe ard our teams have been trained and continue to be kept tpto date m emerging regulations.
. Detailed Agronomic Calendar Specifically for Southern Califomia - As the leader in the landscape industry BrightView employs two PhD agronomists to provide an optimum agronomic calendar for each area we service. This detailed calendar helps us stay on track with exactly what is needed to provide excellent landscape service that the residents of the city utilize.
Thank you for the opportunity to present our proposal.
Sincerely,
'--) ,')n / "'/n
David Moo
Business Development Executive
BrightView Landscape Services
2 BrightView I
TABLE OF CONTENTS
Cover Page
lntroduction
Table of Contents
Background
Fiscal Stability
Experience
References
Technical Competance
Understanding Scope of Work
lmplementation Plan
Schedule
Key Personnel
Bid Form
3 BrightView
BACKGROUND
GENERAL INFORMATION
Name of Business:
Business Address:
Branch Address:
Stock Symbol:
BrightMew Landscape Services, !nc.
27001 Agoura Rd Ste. 350. Calabasas, CA 91301
13691 WVaughn Street, San Fernando, CA 91340
BV (NYSE)
Business Telephone and Facsimile Numbers, Website address, email address:
(909) 349-1802 office
(909) 350-9220 fax
Name, title, telephone number, emailaddress, person(s) authorized to represent business entity:
David Moo
Business Development Executive
951 -406-5904
David. [email protected]
Joseph Schlottman
Branch Manager
13691 WVaughn Street, San Fernando, CA 91340
81 8-581 -7371
Joseph. [email protected]
Federal Tax lD No: 95-2651541
Contractors DIR Number: 1 000005364
CA Contractor's/Business Licenses (C27, D49, other required licenses) BrightView Tree Care Services:
License Number - 863659 (C61/D49)
BrightView Landscape Services:
License Number -266211 (C27)
Pest Control Business License
License Number - 40109
Qualifi ed Applicator Licenses:
Wayne Farnsworth License Number - QAL 139538 Cat B
James Stevens License Number- QAL 157980 Cat B
Type of Business: Corporation
Number of years in experience: 79 years
4 )
BrightView )
FISCAL STABILITY
Firm Name:
Address:
Phone:
Date lncorporated:
Principal:
Type of Business:
Date Started:
Own/Rent Building:
Bank:
General Account #:
Dun & Bradstreet #:
Trade References:
BrightView Landscape Services, lnc.
27001 Agoura Rd Ste. 350
Calabasas, CA 91301
(81 8) 223-8500
April 30, 1970
Andrew Masterman- CEO
Landscape Maintenance
(Parent company started in 1949)
Own
PNC Bank
465 N Halstead St. Suite 160
Pasadena, CA91107
Bank Account # 530362881 8
Preferred format: CTX
'14591-26396
06-625-4509
Site One Landscape Supply
24110 Network Pl
Chicago, lL 60673-1241
(707) 665-4240
Aramark Uniform Service
PO BOX 36028
Dallas, TX 75235
(800) 888-2900
TruGreen LP
PO BOX 1000 Dept 25
Memphis, TN 34818-0175
(s02) 639-1460
5 BrightView I
lndependent Auditor:
Principal Bank.
Financial Statements:
Financial Summary*:
Our financial statements are audited annually by Deloitte & Touche LLP
PNC Bank
lf audited financials or other finance and accounting information is needed, please contact the corporate accounting department in Plymouth Meeting via the following mailbox:
exte m alf i n a n ci al re q ue sts@ b iqhtv iew. co m Release of financial information outside the financial summary below requires the prospective customer to sign a non-disclosure agreement.
A minimum notification of 2 business days is requested for all financial information. Please ensure to clearly state the specific information required and the required due dates.
For fiscal year ended September 30,
(in millions) 2019 2020 2021
Net Service Revenues $2,404.6 $2,346.0 $2,553.6
Cash Flow From Operations $169.7 $245.1 $148.4
TotalAssets $2,928.6 $3,071.0 $3,237.6
Total Liabilities $1,644.8 $1,799.5 $1,894.9
Shareholders' Equity $1,283.8 $1,271.5 $1,342.7
6 BrightView ?
Experience
We strive to be the landscape service provider of choice for the City of Tehachapi. ln large part, our ability to offer unmatched quality to our customers has been attributed to the tools and systems we have developed over our history. The primary systems that support our quality standards include:
Gommunication
Systems
Proactive communication that
allows us to be highly
responsive to emergencies,
special requests and acts of
nature
Training Programs
I ntensive skills, customer
relations, and quality training
ensure our team can
consistently exceed your
expectations
Quality Evaluations Gustomer Satisfaction
Management led evaluations
that ensure our internal
quality standards are met and
our employees can achieve
continuous improvement
Safety Standards
Training and incentive
programs ensure your
property remains hazard free
and our employees can
return home safely.
Empirically measured
customer satisfaction that is
taken seriously. Our goal is
1 00% satisfied customers
BrightView has been performing landscape maintenance services and installation since 1939 as Brickman and since 1949 as ValleyCrest. Brickman and ValleyCrest joined forces to provide superior performance and service and become BrightView in2014.
BrightView I
References
City of Duarte
Citywide Maintenance
1600 Huntington Dr, Duarte, CA,91010
Troy \Mttenbrook
(626) 357-7931
Start Date. 112006 - present
City of Upland
Citywide Maintenance
460 N Euclid Ave, Upland, CA 91786
Brett Lance
(909) 243-2796
Start Date.712015 - present
City of Rancho Cucamonga
Various LMD's
10500 Civic Center Dr, Rancho Cucamonga, CA
91730 Steve Relph
(909) 438-4946
Start Date.712012 - present
BrightView Landscape Services 11
8 BrightView
Technical Competance
BrightView offers the City of Tehachapi the highest-quality landscape services with a worry-free, dependable service commitment. As the nation's leading landscape service company, we consistently bring excellent landscapes to life at thousands of clients' properties, fostering collaborative relationships to drive clients' success.
A full service landscape company, BrightView can mobilize quickly to respond to special requests that may fall outside of the scope of landscape maintenance. ln addition to landscape maintenance, our expertise extends to:
Design
Forward -thinking, constructibte
desagn that conside6 future
oper3ting costs
Enhance
Thoughtfut improvements to
enrich your landscape's
app€arance and sustairlabitity
Develop
Seamtess pro,ect delivery that
meets your goals and
tong-term expectations,
on-time and on-budget
Maintain
Consistent service detivery and
proactive solutions that keep
your property at its best. now
and in the future
One Partner
to take care of you
and atl your
[andscape needs
Design Develop Maintain Enhance
Landscape Architecture &
Planning
Design Build
Program Management
Planting
Hardscaped
Pools & Water Features
Compliance
Tree Growing & Moving
, Landscape
" Tree Care
" Specialty Turf
, Exterior Maintenance
, Enhancemenls
" Sustainability
. Water Management
I
?
i:'
)i
Our ability to systematically deliver high quality landscaping services is the foundation of our value proposition to our customers. We believe our long tenured and experienced employee base has resulted in the development of significant institutional horticultural and technical expertise that we systematically deliver to our customers. ln addition, we have dedicated resources to enhance employee training, safety and compliance.
DESIGNATED CUSTOMER SERVICE TEAM
E@Eg-@-ffir-@-@IE
BrightView's Supervisor to employee ratio is 4:1, 4 crew members for every Crew Leader. The Crew Leader is always on site and available to the Production Manager to make corrections and guaranty the quality of the work. The area supervision is performed by qualified and trained Production Managers that serve as links between the field personnel and the upper management. These Managers have decision power over project resources, make corrections that are necessary and report back to both the client and the Account Manager when such corrections are made.
Employee Retention and Philosophy for All Employees
We are committed to help our employees grow their career, with boundless opportunities for individuals who are passionate about the landscape business. We offer job specific training at all stages of employment. We are actively recruiting top performers from the Nation's top horticulture/agriculture schools.
Average Tenure:
Branch Manager/Operations Ma nager- 17.5 Yea rs
Account Managers- 12.4 Years
Crew Leaders- 5.6 Years
TRAINING & DEVELOPMENT PROGRAM
BrightView Companies commitment to training incorporates positive discipline and a focus on Quality and Results. Training provides our employees with knowledge, ideas, and tools to deliver outstanding customer service a nd performa nce.
The focus of the training courses revolves around our Core Values:
o Safety - lnnovation
o lntegrity - Performance
o Teamwork - Customer Focus
o Quality - Employee Focus
o The training includes key topics such as:
o CustomerSatisfaction
BrightView
o BrightView Culture
o Operations
o Horticulture
o Crew management
o Financial Management
o Business Development
As a company we understand highly trained employees provide outstanding customer service. Our philosophy is to train and re-train our employees. Continuous training contributes to improved morale and retention. Over 1/3 of our workforce has been with the company for 10 years or longer. 10 ?
BrightView )
ACCOUNT MANAGER TRAINING PROGRAM
Management training includes both formal training in group settings, ongoing training support available on line and in field shadow programs. Account Managers at Brightview Landscape Services undergo a 5 course training regimen consisting of a total of 15 classroom days. Newly hired horticulturalists work through a detailed learning process over 2 years to learn the skills of an Account Manager.
OPERATIONS MANAGER TRAIN!NG PROGRAM
Operations Managers at Brightview Landscape Services undertake a 4 training session consisting of a total of 14 days. Each session focuses on a specific discipline:
o Employee Leadership
o Client Relations
. OperationalExcellence
o Financials
Each manager performs pre-work and follow-up testing for each program with a certification process conducted by senior managers at the end. Account Managers work through a detailed learning process providing the skills necessary to succeed as an Operations Manager.
IRRIGATION TRAINING
Regional lrrigation Leaders complete 5 sessions of training consisting of a total of 25 days. The Regional lrrigation Leader provides certification training to lrrigation Technicians on the mechanics of an irrigation system, conducting a monthly inspection repairing components.
GARDENER TRA!NING PROGRAM
The Gardener Training Series provides consistent training of landscape maintenance employees across all of our operations nationwide. The series allows for significant hands-on training at all levels, providing a specific career path for entry-level operations employees. The purpose of this program is to develop associates who safely and successfully perform job requirements, without direct supervision, to the complete satisfaction of the client.
EMERGENCY AFTER HOURS CONTACT INFORMATION
Emergencies are best managed through by contacting our Emergency Call Line (818)838-47OO. A designated manager will be On-Call, ready to respond within 24/7 as needed. 11 BrightView )
Understanding Scope of Work
We have read through the scope of work, attended mandatory the job walk, and feel that we can provide all the necessary services to their specifications. Our services will include:
All necessary labor, equipment, tools, services, and specialskills required for landscape maintenance services as set forth in the RFP for the landscape maintenance of City of Tehachapi.
Maintenance of landscape, but not be limited to: mowing, trimming, edging, hand pruning, fertilization, brush clearance, application of pre-emergent herbicides, weed control, disbursement of mulch, minor tree lifting, dead plant removal, plant replacements, and cleanup/clearing of drainage systems.
Providing plant material maintenance methods to keep all areas weed free, trash free, and in an overall state of good health.
Maintain plants and landscaping areas in a healthy and appropriate manner.
Maintain weed control; keep areas free of weed growth by hand weeding or use of appropriate herbicides.
Pruning of trees and shrubs in a healthy manner to a minimum height of 5 feet.
Maintain and trim turf in a healthy and appropriate manner using industry best practices.
Maintain litter and debris.
Keep landscaped areas free of collections of papers, trash, weeds, leaves, and other debris.
Empty trash cans within the boundaries of parks and green spaces.
Keep shrub and tree drip line areas properly channeled and maintained.
Maintain, repair, and replace the irrigation system including, but not limited to, sprinkler heads, drip lines, valve controllers, control wiring, lines, etc. if damaged by activities under the control of the contractor.
Maintain, repair, and replace landscaping material including, but not limited to, trees, shrubs, turf, hardscapes, etc. if damaged by activities under the control of the contractor. 12 BrightView )
BrightView's Implementation Plan
BrightView's implementation plan is a documented action plan that involves both senior and site management by the customer and BrightView. This process starts out with the overall vision and goals of the partnership. lmplementation plans with specific details and schedules are developed. Timely meetings to review progress are scheduled for both individual sites and overall teams to ensure success.
Job start-Up Needs Evaluation:
' lnitialjob site walk-through is done prior to job start-up to determine specific site-related needs of the customer. Site-specific issues are discussed. A site walkthrough is then performed asking more site-specific questions, which clarify the customer needs
. Specific goals set for upcoming year
. Daily, weekly, monthly communication process finalized Goals of lnitial Site Meeting:
Clearly establish expectations using contract specifications and current knowledge of site management
Establish a weekly communication process (meetings, reports, etc.) Present schedule of operations in Gantt format
ldentify ALL special situations, issues, areas & processes Clearly establish a base safety process and site-specific processes Document a process for out-of-scope work (P.O., sign-off, billing) Share emergency call process
Set short-term improvement goals
Benchmark existing site status, conditions, and opportunities for improvements
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13 lmplementation Plan
BrightView ?
Landscape Plan
Due to the high visibility of all areas within this City of Tehachapi and the high traffic in these areas, it is important that they all be visually inspected on daily basis. Visual inspections will include litter removal in all focal areas daily and will be performed upon arrival to alljobs for the entirety of each area. During these inspections we will be looking for trash and debris, excessive water, broken irrigation, downed limbs, vandalism and property damage. Once completing our visual inspections our team will move on to regularly scheduled maintenance activities dictated by our maintenance plan below and property pruning and detail sequence according to a Rotation Map that will be made.
Trim
B.ckpack blming
Edge
AeEtion
cont6l
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Rose
Fe(ilizalion
Visual concems
c@lEuiuat stop (Pe.r and
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Check and Adjust
As Needed
As Needed As Needed Weekly
As Needed As Needed
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Key Personnel
The crew hand selected to maintain the City of Tehachapi has the skills and experience necessary to meet your specific needs and expectations. Meet your team:
Job Title Job Responsibility
Oscar Huerta
Account Manager
5 years of industry experience
Antonio Franco
Foreman
14 years of industry experience
Joseph Schlottman
Branch Manager
11 years of industry experience
Adam Budniak
Vice President & General Manager
20 years industry experience
' Accountable for customer satisfaction
. Primary customer contact
* Ensures compliance to job specifications
and quality
* Manages and schedules crews
* Ensure readiness of workers, tools, and
materials
" Maintains safe working conditions
' Trains field personnel
- Ensures delivery of job specifications
and quality
', Ensure quality and efficient landscape
management for clients
Consistently improves best practices
within the service branch
. Lead and support all branch personnel
* Ensures quali$ and efficient landscape
management for clients
* Responsible for supporting the entire
market's successful operation
_L
15 )
TEHACHAPI
Company Name:
Contact Name:
Address:
Phone Numb.r:
Contrador License Cla$:
Contractor License Numb€r:
DIR Registration Numbefi
ATTACHMENT.'A"
BlD FORM
Briohtview Landscaoe Services. lnc.
David ltloo
11691 WVarrohn Streel Srn Femandn eA q134O
(951)4-6-59()4
c27
266211
10000053&4
!ot2
No. Facillty Location Urit Prlce Annual Amount
Gen€ial Gdernm!nt
1 City Hall 115 South Robinson Str€et S _61______________ r',tonth 5 732 2 Market Place 125 West Tehachapi Boulevard s 504
3 Union Pacific office 116 East "H" Street s 2.064
4 Oowntown Planters Various location5 in downtown 5129------------- r.,rontt s 1.548 5 Tehachapi Boulevard Parking Lot 211 East Tchachapi Boulcvard S 25 ruontt' 5 300 6 Senior Center 500 Eait "F" Strcct 51 1 5 lr.,rontt' s 1 380 7 Tehachapi Boulevard Planters South side of T.hachapi Boul€vard from Davi! Strcct to Hayes Street S 57 /uonttr s 684
8 Robinson Street Parking Lot Corner of Robinson and "F" Strrct s-E-lJr,,rontt 5 972 9 Centennial Plaza 114 South Green Street 5 1.464
Subtota I 5 804 rr',lontt' s 9 648
10 Pioneer Park 111West ''l" street s 4,980
11 Railroad Park 207 East Tehachapi Blvd. 5294------------- uonth s 3 528 Subtotal S209--------Jtlontt 5 8 508
Police Department
L2 Tehachapi Police Department 220 West "C" Street S 1 91 rr.,lonttr s 2 292 Railroad Dcpot
13 Railroad Depot 101 Wcst Tchachapi Boulcvard 5 215 A/onth ) 2-580 Visitors Center
14 Freedom Plaza 200 West Tchachapi Blvd. S 152 rrr,ron*r s 1,824 15 MillStreet Median
Mill Strect mcdian from "H" Strcet to lndustrial
Parksy S 734 /uonttr 5 8 808
Capital Hills Parkway Median
Capital Hills P.rkway from Voyager Street to Magellan
Street S 353 rrr,l"ntt' s 4.236
77 Capital Hills Voyager Street Trees Trees on VoyaSer Street S 1 3 rrtaonttr s 156 18 South Curry From Pinion to Highline; West side of Curry and median S 246 lr.aonttr 5 2.952 19 Denni5on Road
Tract 5812
East Side of Dennison Road from Georgia Street to
Pinon Stre.t and Medians sZ-(104-/uontt' s 24.O48
20 Tehachapi Blvd Median @ Tucker
Rd
Median betwe€n old Tucker Rd and Tucker Rd. g 73 /nronttr s 876 Tucker Rd. Median Median between Old Tucker Rd and Tucker Rd. s41 /Month s 49? 22 Park and Ride Public Parking Lot at 300 W. Tehachapi Blvd s555 /Month s 6.660 Subtota I S 4,019 rr.,tonttr s 48.228
WWTP
23 WWTP Frontage 750 Ente.prise Way 5 €i€iO rrr,tontt' 5 7 ^920 Maintenance Dlstrlcts
74 Heritage oaks
Tra.t 5052
H€ritage Oaks. lncludes Ponderosa, Pinioh ahd Sutter. s s 14_844 Clear View Estates
Tract 5212 Valley Blvd from Green St to Clearuiew St. S 689 rrr,tontt' s 8 268 Schedule of Work Items
16 I
ls 4? tuonra
ls 172 /Month
1s122 ruo^t
ls 415 /Month
ATTACHMENT ''A"
BID FORM
2ot2 TEHACHAPI
Signature:
Prlnt Namei DaVid MOO
ritle: BuSineSS DeveloDment Executive
Date: 5126122
iBy submitting this proposal, I certify that I have inspected each facility and have confirmed the quantities, areas, and scopes provided in the Request for Proposals 26 Autumn Hills Tr.Et 5215
Autumn Hills. ln€ludes side yards on South side of
Sutter between Ponderosa and Green. Also includes
Highline east of curry.
I
ls 749 rr,,ronttt
I l,
8.988
27 N4anzanita Park Tract 5215 Manzanita Park lS 243 /uonttr lS 2 916 2A Alta Estates-Parkways-Tract 6216
Alta Estates. lncludes parkways on Classi€o and Alder,
South side of Curry St from Orchard Pkwy to Highline
and North side of Highline from Curry to Apache.
I
ls 10.954 ruont
I
131,448
29 Alta Estatcs-Warrior Park-Tract
62L5
warrior Park
I
ls 2.068 rr',rontt'
I
24.816
30 Alta Estates-Paseo-Tract 6216
Paseo walking path between Warrior Park and west
end of orchard Parkway
I
lS2-995 rr,,rontt
I
35 940
31 Orchard Glen Parkways
tract 5812
Orchard Glen. lncludes parkways on €ast side of
Canyon Dr. East. Parkways on west side of Canyon Dr.
West. Shrubs on both sides of Canyon Drive North and
South.
I
ls 1 .268 rr.lontt
I lsrs,^ro
32 orchard clen Parks
Tra€t 5812
Orchard Glen. lncludes parks (2) and side yards. 1s685 rv"*r' ls 8220
33 Mill Street Cottages
Tract 6360
312 South Mill St.
ls
59 rrvontr,
ls
708
34 Red Barn
Parcel Map 11353
Bail.y ct. and Tehachapi Blvd ls 255 rrv"*r,
ls
3 060
Pilot Travel Center
Parcel Map L2219
1568 East Tehachapi Blvd ls 201 rruon*, ls 2.412
36 Ashe Village North Oennison Road
suutotarls 22.355 rvontrr It 268.260
Airpon
37 Airport and Aviator Park Aviator Park and grass area at 101 Commercial Way ls I' 7.188 s29.704 /Month lS 356 448
17 ls 952 rvo"*,
TEHACHAPI
FORNIA
COUNCIL REPORTS
MEETING DATE: JUNE 20,2022 AGENDA SECTION: PUBLIC WORKS
DEPARTMENT
APPROVED
CITY
TO: HONORABLE MAYOR PH!LIP SMITH AND COUNC!L MEMBERS
DON MARSH, PUBLIC WORKS DIRECTOR
JUNE 20th,2022
SUBJECT: NITRATE TREATMENT FEASIBILITY STUDY
FROM:
DATE:
BACKGROUND
The City of Tehachapi operates seven water production wells to provide water to its customers. The City's Water Division takes water quality very seriously and regularly monitors water quality through water sampling and water treatment. All water delivered to end users exceeds all state/federal water quality requirements and no water quality violations have occurred.
Due to high nitrate levels, one of the production wells produces non-potable, irrigation water only (through the TCCWD distribution system) and is not physically connected to the domestic water system. Two other wells produce water with nitrate levels approaching state legally allowable limits but are currently not in violation. Water from these two wells is blended with water from three other wells which have low levels of nitrate resulting in water with exceptionally low nitrate levels.
City staff would like to investigate the feasibility of installing a water treatment system to remove nitrate from the higher nitrate production wells. The addition of nitrate treatment would eliminate the requirement for blending, provide higher quality water production, return the non-potable well to domestic water production, decrease the reliance on any lownitrate wells and improve the overall system reliability.
FISCAL IMPACT
550,000 for this effort is included in the FY2O22|2O23 water operating fund budget. The additional $4,70+ will come out of water operating expenses.
RECOMMENDATION
AUTHORIZE AECOM TO PROCEED WITH THE NITRATE TREATMENT FEASIBILITY STUDY USING THE EXISTING
ON CALL MASTER SERVICES AGREEMENT AND AUTHORIZE THE CITY MANAGER TO APPROVE CHANGE oRDERS Up rO LO%OF THE ORTGTNAL CONTRACT AMOUNT OR (ss,470).
AECOM AECOM
500'l E. Commercenter Drive
Suite 100
Bakersfield, CA 93309
www.aecom.com
661.283.2323 tel
May 20,2022
Don Marsh, P.E.
Public Works Director
City of Tehachapi
800 Enterprise Way
Tehachapi, CA 93561
Proposal - Professional Engineering Services: Nitrate Treatment Feasibility Study AECOM is pleased to provide the City of Tehachapi with this proposal for professional engineering services associated with the preparation of a feasibility study to asses possible nitrate treatment options at a number of the City's potable water wells.
We understand the City currently operates 7 water wells with one (Snyder Well) currently classified by the Division of Drinking Water (DDW as inactive. The Snyder Well is in use by the ci$ for nonpotable water. Water wells are distributed throughout the City mainly on the Northeast and Southwest parts of town south of Highway 58. The water wells on the Southwest part of town including the Pinon, Minton, and Curry Wells have low concentrations of Nitrate ranging from 2 to 5 mg/|. These wells are used for blending at the Curry Tank Site on the south end of town. Water wells on the Northeast of town including the Mojave, Dennison, and Wahlstrom Wells operate with concentrations of Nitrate approaching and or above the regulated MCL of 10 mg/|. The Snyder Well is inactive as a result of continuously producing Nitrate concentrations in excess of the regulated MCL.
The City is reaching the need to develop additionalwater supply sources and believes there is a benefit to bringing the Snyder Well back to an active status for potable water service. As such, the City has requested that AECOM conduct a feasibility study to assess options for Nitrate treatment The Scope of Work identified below is for engineering planning level phase services only and does not cover environmental and design services. Should the City need assistance with this work, AECOM is available and qualified to assist the City with this effort(s).
Scope of Work
Task Group 1 - Feasibility Study
Task 1.1 - Kckoff Meetino
AECOM personnelwill meet with the City at the City's office to discuss the project scope, budget, and schedule. Key milestones. AECOM will prepare a meeting agenda and will follow up with meeting minutes after the meeting.
AECOtil
Task 1.2 - Data Collection and Review
AECOM will issue a Data Needs Request to the City prior to the Kickoff Meeting. Upon receipt of such data, AECOM will review and assess the data for consideration in the various sections of the feasibility study. The Data Needs Request will be focused on water production, pump horsepower, and water quality information for the 7 operational wells. Other requests will include as built of City facilities which sites are proposed for potential construction of treatment facilities and updated water system base maps.
Task 1.3 - Draft Feasibilitv Studv
AECOM will prepare a draft feasibility study addressing the various topics identified in the below proposed Study outline.
Executive Summary
AECOM will summarize the study evaluation methods, findings, and recommendations.
Section 1 - lntroduction
1.1 - Water System lnformation
AECOM will provide a brief description of the City's water system with focus on water supply sources and the operational methods (direct to customers or delivered to storage facilities) utilized to deliver water to the City's customers.
1.2 - Water Quality Data (Nitrate)
AECOM will summarize the water quality of the City's operational groundwaterwells with a specific focus on Nitrate concentrations.
1.3 - Study purpose and Need
AECOM will provide a brief description of the need for this study as well as identify the primary objectives.
Section 2 - Nitrate Treatment Technologies
AECOM will provide a brief overview of up to 6 Nitrate treatment technologies. These will include 1) blending, 2) lon Exchange, 3) treatment of lX reject with encapsulated bacteria, 4) Reverse Osmosis, 5) Electrodialysis, and 6) Biological. The overview will include advantages and disadvantages for each of the treatment systems and will make a recommendation on the treatment system most feasible for the City based on selected treatment system criteria as provided by the City.
Section 3 - Existing Nitrate Blending Operations Plan
AECOM will review the existing City's blending operations plan and will look into potential improvements to eliminate the need for other types of treatment. AECOM will review how each of the City's wells are connected to the water system (direct to distribution or tied to transmission mains AECOM
which end at storage facilities) and evaluate if improvements to transmission mains would benefit the overall blending operations process and efficiency.
Section 4 - Preferred Nitrate Treatment Technology
4.1 - Description
AECOM will provide a more detail process description of the most feasible Nitrate treatment technology based on actual water quality data for the City's wells and the City's operational capabilities. AECOM will contact two nitrate treatment system vendors and will provide a conceptual treatment package system for the City to consider in future preliminary design work. lf ion exchange is selected, vendors may recommend pilot testing. AECOM recommends that this be conducted as part of the design efforts for the treatment system.
This study will identify the most feasible technology. Pilot testing (not included in this Scope) will identify the most efficient treatment resin to be used for the specific water quality of the City's groundwater wells.
AECOM will provide a process flow diagram for the two treatment processes recommended by contacting the two treatment system vendors.
AECOM will develop a set of design criteria for the preferred Nitrate Treatment System for the City to use in future design work.
4.2 - Equipment Footprint Requirements
AECOM will assess the preferred treatment method system equipment needs and will make a preliminary determination as to the footprint requirements for the City's consideration in selecting the location of the proposed treatment site. AECOM Will prepare a preliminary site layout of the preferred treatment system.
4.3 - Electrical Power Needs
AECOM will provide a conceptual level look at the treatment system power needs.
4.4 Operation and Maintenance
AECOM will provide a general description of the operation and maintenance needs anticipated for the preferred treatment method.
Section 5 - Wellhead Treatment Vs. Regional Treatment Plant AECOM will perform an evaluation of the advantages and disadvantages of implementing a treatment system at each individual well versus a regional treatment system to treat the water for the wells on the Northeast part of town. AECOM will make a recommendation for the most favorable method considering criteria such as initial capital investment, future operation and maintenance costs, and operational requirements.
AEjCOM
Section 6 - Capital and Operation and Maintenance Costs AECOM Will provide an estimate of the initial capital investment in today's dollars for the implementation of the preferred treatment system whether it be individual wellhead treatment or a regional treatment system. AECOM will also provide an estimate of anticipated operational and maintenance costs.
Section 7 - Permitting Requirements
AECOM will identify the permitting requirements for the implementation of the preferred treatment system.
Section 8 - lmplementation Schedule
AECOM will provide a general implementation schedule for the City to use in forecasting futural capital project budgets. This schedule will include environmental, engineering including potential pilot testing, bidding, and construction. AECOM will identify antedated treatment equipment lead times and consider in the preparation of the implementation schedule.
Section 9 - Concussions and Recommendations
AECOM will summarize the feasibility study findings and make a recommendation for a treatment system project.
Delivenbles:
. One (1) PDF copy of the Draft Feasibility Study
Assumptions:
This planning phase level study does not include pilot testing of any treatment technologies identified in the Scope of Work. Pilot testing may be required as part of preliminary design once a treatment technology and treatment resin is selected.
Task 1.4 - Draft Feasibilitv Studv Review Meetino
AECOM will meet with the City at the City's office to discuss review comments issued as part of the Draft Feasibility Study deliverable.
Task 1.5 - Final Feasibilitv Studv
Subsequent to the review meeting, City comments will be incorporated into the final Feasibility Study as appropriate. AECOM will prepare the study using AECOM's standard format. Any figures generated via cad will be completed using AECOM standard blocks and templates.
Delivenbles:
. Four (4) hard copies of the Feasibility Study
r One (1) electronic copy of the Feasibility Study
a
AECOM
Task 1.6 - Proiect Manaoement and Qualitv Control
AECOM's Project Manager will assign resources to complete the work within the given timeframe and budget constraints. The Project Manager will also implement AECOM's ISO certified Quality Management Program procedures for the project which includes a review of project deliverables by qualified engineers who did not work on the project but who have experience in the development of similar studies.
Schedule
AECOM is available to commence work upon written authorization to proceed. AECOM proposes to complete the work in accordance with the schedule estimate identified below. AECOM will discuss the schedule with the City during the kickoff meeting and will adjust accordingly.
Kickoff Meeting and Existing Data Collection
Existing Data Review
Draft Feasibility Study
City Review and Review Meeting
Final Feasibility Study
l Week
l Week
12 Weeks
2 Weeks
4 Weeks
Fee
The estimated fee for the defined scope is proposed on a Time and Materials basis, not-to-exceed without prior written approval amount of $54,704. Refer to the attached budget estimate workbook for additional detail. AECOM proposes that the work be performed under our existing On Call Services agreement dated February 22,2018 as amended.
We look forward to working with the City on this important assignment Sincerely,
Ben P. Horn
Managing Engineer
Eric Garibay, PE
Project Manager
Authorized by
Don Marsh, P.E.
Public Works Director
Date
Nitrate Treatment Feasibility Study
Project Budget
City of Tehachapi
Task Description
Personnel Hours Budeet
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l.l - KickoffMceiing 3 5 8 s I,140 $ lt4 s $ t,254
1.2 - Data Collection + Review 2 4 8 2 l6 s 2.23t $ 224 $ s 2.462
1.3 - DraR Fereibility Study s s s $
Executive SumtrEry 4 4 I 9 $ 932 $ 93 $ $ t.025
Section I lntroduction 8 l0 4 2 24 $ 2,464 $ 246 $ $ z,7 to Section 2 Nitrate Treatmcnt Tcchnologies 8 t2 2 2 24 $ 2,864 s 28( $ $ 3.1 50 Section 3 Existing Nitrare Blending Operations Pla 4 4 t2 4 26 s 2.936 $ 294 $ $ 3,230 Section 4 Prel'ened Nitmte Treatment Technology 8 40 60 4 8 4 124 $ t4.416 $ t,442 $ $ I 5.858 Section 5 Wcllhead Tre almcnt Vs. Rcgional Treatment Plat 2 8 t2 I 2 32 s 3.434 $ 343 s $ 3,777 Section 6 Capital md ODeration ud Maidetrilcc Cosls I 6 t6 I 24 s 2,55t $ 255 $ $ 2,806 Section 7 - Pemittins Reouirements 2 4 4 I I t2 $ 1.602 $ t60 s $ t.762 Sectiotr 8 lmplementalion Schedulc I 8 8 I l8 s 1,9E5 $ t9 S $ 2,t84 Seclion 9 Conclusions md Rccomendations I 4 6 4 I I6 $ t,717 $ l'72 s 1.889
1.4 - Dran Fe6ibility Study Review Mcetins 3 5 8 $ I,140 $ ll4 $ s 1,254 L5 - Fioal Fecibility Study 4 8 t6 4 4 36 $ 3,932 $ 393 $ 4.325 L6 - Proiect Moasement md Quality Conhol 28 4 32 s 6.380 $ 638 $ $ 7.018 $ $ s s
$ $ $ $
59 u6 I6t t3 32 2t 409 $ 49,7J1 4,913 $ $ 54,704
Total 2t 409 $ 49,731 $ 4,97t $ $ s4,704
5t2012022 Page 1 of ! AECOM Tochnical SeNices lrc
$
1;
59 KLEIN, DeNATALE, GOLDNER, COOPER, ROSENLIEB & KIMBALL,LLP
LEGAL SERVICES AGREEMENT
(Bus. & Prof. Code, $ 6148)
THIS AGREEMENT is entered into as of June 10,2022 by and between KLEIN, DeNATALE, GOLDNER, COOPER, ROSENLIEB & KIMBALL, LLP, a California limited liability partnership, and CITY OF TEHACHAPI.
RECITALS
A. The Client desires to employ the Attorney to perform the Services and the Attorney is agreeable to that employment.
B. Business and Professions Code section 61a8(a) provides, among other things, that where it is foreseeable that the total expenses to a client will exceed $1,000, an agreement for legal services must be in writing and contain (1) the applicable hourly rate and other standard rates, fees and changes, (2) the general nature ofthe legal services to be provided, and (3) the respective responsibilities of the Attorney and the Client.
C. Rule 3.410(4) of the Rules of Professional Conduct provides that where it is foreseeable that the total amount of legal representation in a matter will exceed four hours, a disclosure in writing that the attomey does not maintain professional liability insurance must be made at the time of engagement if the attorney does not maintain that insurance.
D. The total expense to the Client may exceed $1,000 and the total amount of legal representation may exceed four hours with respect to the Attomey's performance of the Services.
AGREEMENT
1. Definitions.
(a) Attornev. "Attorney" means KLEIN, DeNATALE,
GOLDNER, COOPER, ROSENLIEB & KIMBALL, LLP, a California limited liability partnership.
(b) Attornev's Address. "Attorney's Address" means 10000 Stockdale Hwy., Suite 200, Bakersfield, California 9331 l. (c) Attorney's Work Product. "Attorney's Work Product" means the Attorney's impressions, conclusions, opinions, legal research and theories. (d) Client. "Client" means CITY OF TEHACHAPI.
(e) Client's Address. "Client's Address" means I 15 S Robinson Street, Tehachapi, CA 93561.
1 COT_Litigation Matters Draft Legal Services Agreement(4648431.1) (f) Client's Documents. "Client's
documents provided to the Attorney by the Client.
Documents" means the
(g) Rates. "Rates" means the Attorney's hourly rates ranging from $195 to $650 per hour for attorneys; $85 to $195 per hour for law clerks, paralegal assistants and investigators; and $75 per hour for Information Technology specialists. The current Rates for Joseph D. Hughes and John V. Komar are $320 per hour each.
(h) Services. 'oservices" means legal services and advice as requested by the Client relating to Client's litigation issues and matters.
2. Employncrt pf ,{ttonqell
The Client hereby employs the Attorney to perform the Services and the Attomey hereby accepts that employment subject to the provision of this Agreement. Joseph D. Hughes will be the responsible attomey within the Attorney law firm for performance of the Services and the primary Attorney contact for the Client. Portions of the work in performance of the Services may be performed by different lawyers and legal assistants in the Attorney's law firm. This delegation of work will be for the purpose of involving lawyers or legal assistants with special expertise in a given area, or for the purpose of providing the Client with the Services in the most efficient and timely manner. Any delegation of work, however, will be under the control and supervision of Joseph D. Hughes who will report directly to the Client regarding any delegated work. The Attorney is not obligated to perform any portion of the Services that, in the Attomey's judgment, would constitute a conflict of interest or other violation of the Attorney's ethical duties under the Rules of Professional Conduct of the State Bar of Califomia or similar mandate goveming the Attorney's conduct.
This Agreement govems only the Client's employment of the Attorney and the Attorney's representation of the Client. The Attorney's representation of the Client does nol include representation of any party affiliated with Client, including (a) parent, related or subsidiary entities of the Client, or (b) persons related to the Client.
This Agreement will become effective upon its full execution by both the Attorney and the Client. It will then relate back to the first day that the Attorney provided the Services to the Client.
3. Cooneration of Client.
The Client shall be candid and truthful with the Attorney as well as responsive to the Attorney's communications. The Attorney may rely upon the Client to promptly advise the Attorney of any changes in circumstances that will affect the Services or the Attorney's ability to perform them. The Client shall keep the Attorney advised of any changes in the Client's Address, current telephone number or e-mail address at all times, and shall comply with all reasonable requests of the Attorney in connection with the Attorney's performance of the Services.
The Client shall promptly disclose to the Attorney, in writing, all persons and entities that may have an interest, both adverse and non-adverse, in the matter that is the subject of the Services so that the Attorney can avoid conflicts of interest. 2 COT_Litigation Matters Draft Legal Services Agreement(464843 I . I )
4. Payment of Fees and Costs.
(a) Attornev's Fees. The Client shall pay fees to the Attorney for time spent in performance of the Services at the applicable Rates. The Attorney may charge the Client for all time devoted by the Attorney to the Client's work, including conferences (both in person and over the telephone), e-mail communications with the Client and others, negotiations, factual investigations, legal research and analysis, document preparation and revision, and travel on the Client's behalf. All travel time and costs will be determined using the Attorney's office in Bakersfield, California as the point of origin. Time will be recorded and billed in units of tenths of an hour. Rates may be supplemented or revised by the Attorney from time-to-time but revised Rates will not be retroactively applied. The Attomey shall notifr the Client in writing of any revised Rates prior to their effective date. The applicable rates will be those in effect at the time Services are rendered.
(b) Costs. The Client shall pay all reasonable and necessary extraordinary costs incurred by the Attorney in connection with the Services including:
(1) Any filing fees, permit fees, or other fees paid or advanced by the Attorney.
(2) The cost of any consultants, experts or investigators retained by the Attomey in furtherance of the Services.
Costs are in addition /o fees for the Services. The Attomey incurs outside costs as an agent for the Client and incurs internal expenses on behalf of the Client.
The Attorney may forward costs in excess of $250 to the Client for direct and timely payment by the Client.
(c) Statements. The Attorney shall provide the Client with a monthly statement of fees earned and costs incurred. This statement will generally describe the work performed, the applicable Rate or Rates, the basis for the calculation of fees, and a reasonable itemization of costs.
(d) Estimates. It is impossible to determine in advance the amount of time that will be needed to complete the Services, or the total amount of fees or costs that may be incurred. Any estimate furnished by the Attomey will be based on the Attomey's professional judgment, but the Client acknowledges that such estimate is not a maximum or fixed fee quotation. The ultimate fee and cost may, and frequently does, differ from the amount estimated.
3 COT_Litigation Matters Draft Legal Services Agreement(464843 1 l ) (e) Pavment. The Client shall pay all statements for fees earned and costs incurred upon presentation of a statement. As the Attorney receives each payment, the Attomey will apply the payment first to costs and last to fees.
For a proper attorney-client relationship to exist and be successful, the Client acknowledges that the Client must pay the Attorney's legal fees and costs promptly and in accordance with this Agreement. Only in this way can the Attomey and the Client maintain the mutual confidence in each other that is necessary for the proper representation of the Client. If the Client becomes delinquent in the Client's obligation to make any required payments to the Attorney, then the Attorney may (a) withdraw from representation of the Client, (b) cease perfornance of the Services, and (c) pursue collection of the Client's account. The Client shall pay all costs of collecting the debt, including court costs, filing fees, reasonable attorney's fees and other costs of collection including the value of time spent by the Attorney's own attorneys and staff to prosecute or defend such a proceeding with fees calculated at the normal hourly rate the Attorney charges to Clients.
5. Errors and Omissions Insurance.
The Attorney does maintain errors and omissions insurance coverage applicable to the Services.
6. Emplovment of Consultants. Experts and Investigators.
If the Attorney deems it appropriate to employ a consultant, expert or investigator in connection with the performance of the Services, then the Attorney shall so advise the Client and seek the Client's prior approval of such employment. Any consultants, experts or investigators employed by the Attorney will be the agent of the Attorney, not the Client.
7. Notices.
Any notices to be given by either party to the other affecting this Agreement must be given in paper form and delivered in person or by registered or certified mail, postage pre-paid, addressed to the Attorney at the Attomey's Address or to the Client at the Client's Address. Either party may from time-to-time, by written notice to the other, designate a different address which will be substituted for the one specified in paragraph 1 of this Agreement.
8. Documents.
During the course of the Services, the Attorney will acquire documents from the Client (i.e., Client's Documents), and also will create Afforney's Work Product and other documents. Attorney's Work Product is the property of the Attorney and the Client is not entitled to obtain Attorney's Work Product from the Attorney except as otherwise provided by law. The Client may inspect and copy any other documents created by the Attorney during the Attorney's normal business hours and at the Client's sole cost and expense. Upon conclusion of the Services, the Client is entitled to the Client's Documents. The Attorney is entitled, however, to photocopy or electronically scan, and retain copies of the Client's Documents prior to their return to the Client. 4 COT_Litigation Matters Draft Legal Services Agreement(464843 I . I )
9. Electronic Files.
The Attorney may maintain some or all of the documents and records in the Client's file solely in electronic form as digital images rather than in paper form. In so doing, the Attorney may destroy documents and records received by the Attorney in paper form after they have been scanned electronically and converted to digital images. The Attorney will not destroy; however, any of the Client's Documents in paper form, although the Client does consent to their conversion to electronic form for the Attorney's use. The Attorney may deliver to the Client documents in the electronic form in which they are maintained if the Client requests transfer or a copy of either the Client's file, or any document or record in the Client's file. The Attorney will not be obligated under any circumstances to convert electronic documents or records (a) to paper form or (b) to an electronic form other than the one in which the Attorney maintains the document or record.
10. File Retention.
The Attorney shall store the Client's file following conclusion of the Services. The Attorney will then make arrangements with the Client for transfer of the Client's entire file (both electronic form and paper form) as directed by the Client.
11. Termination.
The Attorney or the Client is entitled to terminate this Agreement. Termination of this Agreement will not affect the Client's obligations to pay for all fees earned and costs incurred by the Attorney prior to the date this Agreement terminates. Additionally, time spent by the Attorney resulting from termination of this Agreement and withdrawal from representation of the Client (e.g., preparing the Client's files for transfer and working with successor counsel) is deemed part of the Services, for which the Client shall pay the Attomey.
Upon cessation of the Services, either by conclusion of the Services or earlier termination of this Agreement, the Attomey will have no further obligation to inform the Client of future developments or changes in the law. Additionally, the Attorney will have no obligation to monitor renewal or notice dates, or similar deadlines on the Client's behalf.
12. Arbitration.
In the event of a fee dispute which is not readily resolved, the Client is entitled to request arbitration by the Kern County Bar Association, and the Attorney shall participate fully in that process.
13. Entire Agreement.
This Agreement supersedes any and all other agreements, either oral or in writing, between the Attomey and the Client with respect to the subject matter of this Agreement. Each party acknowledges that no representations, inducements, promises, or agreements have been made by or on behalf of any party except those covenants and agreements contained in this Agreement. No agreement, statement or promise not contained in this Agreement will be valid and binding.
5 COT_Litigation Matters Draft Legal Services Agreement(464843 l. I )
14. Venue and Law.
The venue for any dispute arising from this Agreement will be Kern County, California. This Agreement is entered into in Bakersfield, California, and is subject to the laws of the State of California.
15. Counternart and Electronic Signatures.
This Agreement may be signed in one or more counterparts and may be delivered by facsimile or other electronic method.
16. Consultation with Independent Counsel.
The Attorney has not provided the Client with legal advice with respect to this Agreement due to the Attorney's conflict of interest in doing so. The Client acknowledges the opportunity to seek and consult independent counsel of the Client's choice regarding this Agreement.
IN WITNESS WHEREOF, the Attorney and the Client have executed this Agreement on the day and year first hereinabove set forth.
KLEIN, DeNATALE, GOLDNER, COOPER,
ROSENLIEB & KIMBALL, LLP
By
Joseph D. Hughes, Partner
"Attorney"
6 COT_Litigation Matters Draft Legal Services Agreement(4 64843 1.1)
CITY OF TEHACHAPI
Phil Smith, Mayor
"Client"
John V. Komar, Partner
[email protected]
Bakersfield Office
1 0000 Stockdale Highway
Suite 200
Bakersfield, CA 93311
Phone: (661) 395-1000
Fax: (661) 326-0418
www.kleinlaw.com
John V. Komar
I Partner
John V. Komar is a partner in the firm's water and public agency law and business and commercial litigation practice groups. For over 25 years, John has litigated complex disputes across a broad spectrum of industries including manufacturing, software, investment banking and real estate. He has tried numerous cases to verdict in State and Federal courts and to final award in arbitration, including disputes arising from breach of contract, copyright and trademark violations, trade secret theft, fraud, post-merger conduct and failures, violation of shareholder rights, partnership disputes, breach of fiduciary duty, corporate governance failures and other commercial wrongs. He also handles appellate work arising from such matters. As a result of his deep understanding of trial practice, John provides educated guidance at all phases of the litigation process, which allows clients to make informed decisions and obtain favorable outcomes. John is also an expert at dispute resolution and is a certified mediator.
Practice Focus
Water and Public Agency Law, Business and Commercial Litigation Bar Admissions and Licensure
State Bar of California, 1993
State Bar of Oregon, 2012
United States Federal Court
- Northern District of California, 1994
- Central District of California, 2003
- Southern District of California,2004
- Eastern District of California, 2007
United States Bankruptcy Court
- Northern District of California, 2013
- District of South Carolina (Pro Hac Vice), 2015
Minnesota State Court (Pro Hac Vice), 2006
Certification
Certified Oregon Mediator, 2016
Education
Bachelorof Arts, University of California, San Diego, 1990 Juris Doctor, Santa Clara University School of Law, 1993 Straus lnstitute of Dispute Resolution, 2016
Professional Associations and Leadership
Kern County Bar Association, 2019-Present
Bend 1ce,2014-Present
- Counsel
Professional Experience
Klein, DeNatale, Goldner, Cooper, Rosenlieb & Kimball, LLP BLA Schwartz, P.C.
Squire, Sanders & Dempsey
Pillsbury Wnthrop, LLP
Bowman and Brooke, LLP
Ropers, Majeski, Kohn & Bentley
Klein' DeNatale . Goldner
ATTORNEYS AT LAW
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