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, FEBRUARY 5, 2024 - 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
COMMUNITY ENGAGEMENT REPORTS
1. Mayor to present a Proclamation for Safely Surrender Baby Awareness Month- PRESENTATION
2. Mayor to present a Certificate of Recognition to the Public Works Department in recognition of 1,000 days of no lost time incidents - PRESENTATION
CONSENT AGENDA
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.
TEHACHAPI CITY COUNCIL REGULAR MEETING,
TEHACHAPI REDEVELOPMENT SUCCESSOR AGENCY REGULAR MEETING,
TEHACHAPI PUBLIC FINANCING AUTHORITY REGULAR MEETING, AND
TEHACHAPI CITY FINANCING CORPORATION REGULAR MEETING
MONDAY, FEBRUARY 5, 2024 - 6:00 P.M. - PG. 2
AUDIENCE ORAL AND WRITTEN COMMUNICATIONS
The City Council welcomes public comments on any items within the subject matter jurisdiction of the Council. We respectfully request that this public forum be utilized in a positive and constructive manner.
Persons addressing the Council should first state their name and area of residence, the matter of City business to be discussed, and the organization or persons represented, if any. To ensure accuracy in the minutes, please fill out a speaker’s card at the podium. Comments directed to an item on the agenda should be made at the time the item is called for discussion by the Mayor. Questions on non-agenda items directed to the Council or staff should be first submitted to the City Clerk in written form no later than 12:00 p.m. on the Monday preceding the Council meeting; otherwise, response to the question may be carried over to the next City Council meeting. No action can be taken by the Council on matters not listed on the agenda except in certain specified circumstances. The Council reserves the right to limit the speaking time of individual speakers and the time allotted for public presentations.
3. 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. 02-24
Tehachapi City Council Unassigned Ord. No. 24-01-777
Tehachapi Redevelopment Successor Agency Unassigned Res. No. 02-24 Tehachapi Public Financing Authority Unassigned Res. No. 01-24 * 4. Minutes for the Tehachapi City Council, Tehachapi Redevelopment Successor Agency, Tehachapi Public Financing Authority, and the Tehachapi City Financing Corporation regular meeting held on January 16, 2024 – APPROVE AND FILE
* 5. Special Event Application for the Greater Tehachapi Chamber of Commerce Valentine’s Wine Walk – APPROVE THE GREATER TEHACHAPI CHAMBER OF COMMERCE VALENTINE’S WINE WALK SPECIAL
EVENT APPLICATION AND ASSOCIATED STREET CLOSURES, SUBJECT TO STAFF CONDITIONS AND CITY
ATTORNEY APPROVAL
6. Council Appointment – DIRECT STAFF TO PUBLISH A NOTICE OF INTENTION TO FILL A VACANCY FOR A
MEMBER OF THE CITY COUNCIL BY APPOINTMENT
FINANCE DIRECTOR REPORTS
* 7. Disbursements and bills for January 11, 2024 through January 30, 2024 - AUTHORIZE PAYMENTS
8. RSI Disbursements and bills for January 11, 2024 through January 30, 2024 – AUTHORIZE PAYMENTS
AIRPORT MANAGER REPORTS
* 9. Aeronautical Hangar Rental Agreement – Hangar 07W – APPROVE THE AERONAUTICAL HANGAR RENTAL AGREEMENT FOR HANGAR 07W BETWEEN THE CITY OF TEHACHAPI AND DUSTIN MOSHER
TEHACHAPI CITY COUNCIL REGULAR MEETING,
TEHACHAPI REDEVELOPMENT SUCCESSOR AGENCY REGULAR MEETING,
TEHACHAPI PUBLIC FINANCING AUTHORITY REGULAR MEETING, AND
TEHACHAPI CITY FINANCING CORPORATION REGULAR MEETING
MONDAY, FEBRUARY 5, 2024 - 6:00 P.M. - PG. 3
* 10. Aeronautical Hangar Rental Agreement – Hangar 09W – APPROVE THE AERONAUTICAL HANGAR RENTAL AGREEMENT FOR HANGAR 09W BETWEEN THE CITY OF TEHACHAPI AND JAKE RILEY * 11. Aeronautical Hangar Rental Agreement – Hangar 08W – APPROVE THE AERONAUTICAL HANGAR RENTAL AGREEMENT FOR HANGAR 08W BETWEEN THE CITY OF TEHACHAPI AND JOHN P. O’DELL COMMUNITY ENGAGEMENT REPORTS - continued
12. City of Tehachapi Extraordinary Women Recognition for Women’s History month in March –
INFORMATION ONLY
13. Establishment of new City of Tehachapi Weekly Walking Group – INFORMATION ONLY
PUBLIC WORKS DIRECTOR REPORTS
14. Pickleball Court Project – AUTHORIZE STAFF TO PROCEED WITH THE PICKLEBALL COURT PROJECT AND AWARD THE CONSTRUCTION TO COURTS AND GREENS IN THE AMOUNT OF $69,000.00 WITH A TOTAL PROJECT COST OF $86,460.00 AND AUTHORIZE THE CITY MANAGER TO SIGN ANY NECESSARY CHANGE ORDERS UP TO 10% OF THE CONSTRUCTION CONTRACT AMOUNT OR $6,900.00 * 15. Wastewater Municipal Farm Lease – First Amendment – APPROVE THE ASSIGNMENT AND
ASSUMPTION AGREEMENT BETWEEN TIM HOBBS DBA TEHACHAPI FARMING AND RANCHING COMPANY AND PARSONS HAY LLC. AND THE CITY OF TEHACHAPI AND AUTHORIZE THE MAYOR TO SIGN, SUBJECT TO CITY ATTORNEY AND CITY MANAGER APPROVAL; APPROVE THE FIRST
AMENDMENT TO WASTEWATER MUNICIPAL FARM LEASE BETWEEN PARSONS HAY LLC AND THE CITY OF TEHACHAPI FOR 81 ACRES OF MUNICIPAL FARM LAND AND AUTHORIZE THE CITY MANAGER TO
SIGN, SUBJECT TO CITY ATTORNEY APPROVAL
DEVELOPMENT SERVICES DIRECTOR REPORTS
* 16. 4-Creeks Agreement for On-Call Engineering Services – APPROVE THE AGREEMENT FOR ON-CALL ENGINEERING SERVICES BETWEEN 4-CREEKS AND THE CITY OF TEHACHAPI AND AUTHORIZE THE
MAYOR TO SIGN, SUBJECT TO CITY ATTORNEY AND CITY MANAGER APPROVAL
CITY MANAGER REPORTS
17. 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, FEBRUARY 5, 2024 - 6:00 P.M. - PG. 4
CLOSED SESSION
1. Closed session minutes of January 16, 2024 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: (one potential case)
3. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Paragraph (1) of subdivision (d) of § 54956.9
Tehachapi-Cummings County Water District v. City of Tehachapi, et. al.
ADJOURNMENT
TEHACHAPI
CALIFORNIA
COUNCIL REPORTS
MEETING DATE: February 5,2024, AGENDA SECTION: COMMUNITY ENGAGEMENT
APPROVED
DEPARTMENT
ow
TO HONORABLE MAYOR DAVIES AND COUNCIL MEMBERS
FROM: KEY BUDGE, COMMUNlTY ENGAGEMENT MANAGER
DATE: February 1,2024
SUBJECT: SAFETY SURRENDER BABY AWARENESS MONTH
We are requesting the Tehachapi City Council proclaim February 2024 as Safely Surrender Baby Awareness Month. Representatives from the County of Kerns Department of Human Services are present along with their partners the Kern County Fire Department.
Representing the Department of Human Services is Antonia Ferer, April Rincon, and Danette Hipp, Social Workers from the East Kern office.
TEHACHAPI
CALIFORNIA
COUNCIL REPORTS
MEETING DATE: February 5,2024, AGENDA SECTION: COMMUNITY ENGAGEMENT
APPROVED
DEPARTMENT H
CITY MANAG
TO:
FROM:
DATE:
HONORABLE MAYOR DAVIES AND COUNCIL MEMBERS
KEY BUDGE, COMMUNITY ENGAGEMENT MANAGER
February t,2024
SUBJECT: 1,000 DAYS WITHOUT ANY IOST TIME
The City of Tehachapi Public Works Department reached a very impressive accomplishment on Thursday January 24, L,OOO Days Without Any Lost Time!
This incredible feat began on April 2L,2O2L, and covered 28 Public Works employees who are literally in the trenches every day. 1,000 days without an injury or lost time covers approximately 145,000 working hours of staff time.
The men and women of our Public Works Department are the ones who are the boots on the ground maintaining our infrastructure day in and day out. Under the leadership of Don Marsh our Public Works Director and Tyler Napier Deputy Public Works Director they focus on a safe working environment and take safety and training very seriously to ensure all employees make it through their work day with all of their fingers and toes.
We ask the council to recognize this accomplishment with a Certificate of Recognition for the entire Public Works team.
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
TUESDAY, JANUARY 16, 2024 – 6:00 P.M.
NOTE: Wi, Sm, Da, Pa and Po are abbreviations for Council Members Wiggins, Smith, Davies, Pauer, and Pogon-Cord, 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 Davies at 6:00 pm
ROLL CALL
Roll call by City Clerk Tori Marsh
Present: Mayor Davies, Mayor Pro Tem Pogon-Cord, Councilmember Smith, Councilmember Pauer and Councilmember Wiggins
Absent: None
INVOCATION
Led by Pastor Ray White, Tehachapi Nazarene Church
PLEDGE TO THE FLAG
Led by Councilmember Wiggins
CONSENT AGENDA Approved
Sm/Wi 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 held on December 18, 2023 – APPROVED AND FILED
Approved And Filed
Sm/Wi Ayes All
Tehachapi City Council Regular Meeting –January 16, 2024 Tehachapi Redevelopment Successor Agency Regular Meeting Tehachapi Public Financing Authority Regular Meeting And Tehachapi City Financing Corporation Regular Meeting ACTION TAKEN * 3. Destruction of Records – ADOPTED RESOLUTION NO. 01-24 TO AUTHORIZE THE
DESTRUCTION OF CERTAIN CITY RECORDS SUBJECT TO APPROVAL BY THE CITY
CLERK AND CITY ATTORNEY
Adopted Resolution No. 01-24 To
Authorize The Destruction Of
Certain City Records Subject To
Approval By The City Clerk And
City Attorney
Sm/Wi Ayes All
FINANCE DIRECTOR REPORTS
* 4. Disbursements and bills for December 14, 2023 through January 10, 2024 -
AUTHORIZED PAYMENTS
Authorized Payments
Sm/Wi Ayes All
* 5. City of Tehachapi Investment Report through December 2023 – RECEIVED REPORT
Received Report
* 6. Resolution of the Board of Directors to the Tehachapi Redevelopment Successor Agency (RDA): Approved a Recognized Obligation Payment Schedule (ROPS) for the fiscal period from July 1, 2024 through June 30, 2025, pursuant to Health and Safety Code section 34177 – ADOPTED RESOLUTION NO. SA 01- 24 APPROVING A RECOGNIZED OBLIGATION PAYMENT SCHEDULE FOR THE FISCAL PERIOD FROM JULY 1, 2024 THROUGH JUNE 30, 2025, PURSUANT TO HEALTH AND SAFETY CODE SECTION 34177 AND TAKING CERTAIN RELATED
ACTIONS
Adopted Resolution No. SA 01-24
Approving A Recognized
Obligation Payment Schedule For
The Fiscal Period From July 1,
2024 Through June 30, 2025,
Pursuant To Health And Safety
Code Section 34177 And Taking
Certain Related Actions
Sm/Wi Ayes All
* 7. Annual & Five-Year Development Impact Fee Report – ACCEPTED THE REPORT
OF DEVELOPMENT IMPACT FEES AND EXPENDITURES FOR THE FISCAL YEAR ENDING JUNE 30, 2023, AND ACCEPTED THE FINDINGS REGARDING
UNEXPENDED FEES
Accepted The Report Of
Development Impact Fees And
Expenditures For The Fiscal Year
Ending June 30, 2023, And
Accepted The Findings Regarding
Unexpended Fees
Sm/Wi Ayes All
AIRPORT MANAGER REPORTS
* 8. Aeronautical Gound Lease Agreement for Hangar 29W– APPROVED THE AERONAUTICAL GOUND LEASE AGREEMENT FOR HANGAR 29W BETWEEN THE
CITY OF TEHACHAPI AND KATHRYN FOSHA
Approved The Aeronautical
Gound Lease Agreement For
Hangar 29w Between The City Of
Tehachapi And Kathryn Fosha
Sm/Wi Ayes All
DEVELOPMENT SERVICES DIRECTOR REPORTS
9. Tehachapi Boulevard Bike Lane Fence Project – Bid Award – DEVELOPMENT SERVICES DIRECTOR JAY SCHLOSSER GAVE STAFF REPORT; AWARDED THE
TEHACHAPI BOULEVARD BIKE LANE FENCE PROJECT TO YUKON FENCE COMPANY IN THE AMOUNT OF $274,515.60 AND AUTHORIZED THE CITY
MANAGER TO APPROVE ANY NECESSARY CHANGE ORDERS UP TO A
MAXIMUM OF 10% OF THE ORIGINAL CONTRACT (OR $27,451.56) Awarded The Tehachapi
Boulevard Bike Lane Fence
Project To Yukon Fence Company
In The Amount Of $274,515.60
And Authorized The City
Manager To Approve Any
Necessary Change Orders Up To
A Maximum Of 10% Of The
Original Contract (Or $27,451.56)
Pa/Po Ayes All
* 10. 2023/2024 Grind & Overlay, E Street, F Street and Pauley Street Project – Notice of Completion – APPROVED THE NOTICE OF COMPLETION FOR THE 2023/2024
GRIND AND OVERLAY, E STREET, F STREET, AND PAULEY STREET PROJECT AND
DIRECTED STAFF TO RECORD SAME
Approved The Notice Of
Completion For The 2023/2024
Grind And Overlay, E Street, F
Street, And Pauley Street Project
And Directed Staff To Record
Same
Tehachapi City Council Regular Meeting –January 16, 2024 Tehachapi Redevelopment Successor Agency Regular Meeting Tehachapi Public Financing Authority Regular Meeting And Tehachapi City Financing Corporation Regular Meeting ACTION TAKEN Sm/Wi Ayes All
PUBLIC WORKS DIRECTOR REPORTS
11. Dennison Well Rehabilitation – DEPUTY PUBLIC WORKS DIRECTOR TYLER NAPIER GAVE STAFF REPORT; APPROVED THE PROPOSALS FROM BAKERSFIELD WELL AND PUMP WITH A TOTAL COST OF $109,135 AND AUTHORIZED THE
CITY MANAGER TO APPROVE ANY CHANGE ORDERS WITH A MAXIMUM OF 10% OF THE TOTAL AMOUNT ($10,913.50)
Approved The Proposals From
Bakersfield Well And Pump
With A Total Cost Of $109,135
And Authorized The City
Manager To Approve Any
Change Orders With A
Maximum Of 10% Of The Total
Amount ($10,913.50)
Sm/Wi Ayes All
* 12. Landscape Maintenance Services amendment to agreement – APPROVED THE
AMENDMENT AND EXTENSION BETWEEN THE CITY OF TEHACHAPI AND BRIGHTVIEW LANDSCAPE SERVICES, INC. FOR LANDSCAPE MAINTENANCE
SERVICES AND AUTHORIZED THE MAYOR TO SIGN, SUBJECT TO CITY MANAGER
AND CITY ATTORNEY APPROVAL
Approved The Amendment And
Extension Between The City Of
Tehachapi And Brightview
Landscape Services, Inc. For
Landscape Maintenance
Services And Authorized The
Mayor To Sign, Subject To City
Manager And City Attorney
Approval
Sm/Wi Ayes All
13. 2024-2025 City of Tehachapi Paving Projects presentation – PUBLIC WORKS DIRECTOR DON MARSH GAVE STAFF REPORT; AUTHORIZED STAFF TO
PROCEED WITH THE EXECUTION OF THE TWO-YEAR PAVING PROJECTS AS
PRESENTED AND AUTHORIZED THE EXECUTION OF ENGINEERING AND DESIGN WORK UP TO A COST OF $350,000 IN FISCAL YEAR 2023-2024
Authorized Staff To Proceed
With The Execution Of The TwoYear Paving Projects As
Presented And Authorized The
Execution Of Engineering And
Design Work Up To A Cost Of
$350,000 In Fiscal Year 2023-
2024
Wi/Pa Ayes All
POLICE CHIEF REPORTS
* 14. Modification of Tehachapi Police Department job descriptions for Executive Assistant to the Chief of Police, Communications and Records Supervisor, and Reserve Police Officer - APPROVED THE PROPOSED CHANGES AND
MODIFICATIONS TO POLICE DEPARTMENT JOB DESCRIPTIONS FOR EXECUTIVE
ASSISTANT TO THE CHIEF OF POLICE, COMMUNICATIONS AND RECORDS
SUPERVISOR, AND RESERVE POLICE OFFICER
Approved The Proposed
Changes And Modifications To
Police Department Job
Descriptions For Executive
Assistant To The Chief Of Police,
Communications And Records
Supervisor, And Reserve Police
Officer
Sm/Wi Ayes All
CITY MANAGER REPORTS
15. Report to Council regarding current activities and programs – VERBAL REPORT
COUNCILMEMBER REPORTS
CLOSED SESSION
1. Closed session minutes of December 18, 2023 meetings Approved And Filed Wi/Po Ayes All
2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: Hangar 07W
Agency Negotiating Party: City Manager, Airport Manager Negotiating Party: Joseph Stripe
Tehachapi City Council Regular Meeting –January 16, 2024 Tehachapi Redevelopment Successor Agency Regular Meeting Tehachapi Public Financing Authority Regular Meeting And Tehachapi City Financing Corporation Regular Meeting ACTION TAKEN Under Negotiation: Possible exercise of City’s right of first refusal to purchase Hangar 07W
3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: Hangar 08W
Agency Negotiating Party: City Manager, Airport Manager Negotiating Party: Joseph Stripe
Under Negotiation: Possible exercise of City’s right of first refusal to purchase Hangar 08W
4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: Hangar 09W
Agency Negotiating Party: City Manager, Airport Manager Negotiating Party: Joseph Stripe
Under Negotiation: Possible exercise of City’s right of first refusal to purchase Hangar 09W
5. CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) and paragraph (3) of subdivision (e) of Section 54956.9: (one potential case)
6. CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: (one potential case)
7. 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
The City Council/Boards adjourned at 7:00 pm to a City Council, Tehachapi Redevelopment Successor Agency, Tehachapi Public Financing Authority and Tehachapi City Financing Corporation Regular Meeting to be held on Monday, February 5, 2024 at 6:00 pm.
Adjourned At 7:00 pm
__________________________________
TORI MARSH, CMC
City Clerk, City of Tehachapi, California
Approved this 5th day
of February 2024.
___________________________
MICHAEL DAVIES
Mayor, City of Tehachapi, California
CITY OF
TEHACHAP!
CALIFORNIA
COUNCIL REPORTS
MEETING DATE: FEBRUARY 5,2024 AGENDA SECTION: CITY CLERK
APPROVED
DEPARTMENT
CITY
TO HONORABLE MAYOR DAVIES AND COUNCIL MEMBERS
FROM: ASHLEY WHITMORE, GENERAL SERVICES D!RECTOR
DATE: JANUARY 23,2024
SUBJECT: SPECIAL EVENT APPLICATION - VALENTINE'S WINE WALK
APPLICANT AND ORGANIZATION
Clare Scotti, Greater Tehachapi Chamber of Commerce
EVENT DESCRIPTION
The Valentine's Wine Walk will be held on February L0,2024, from 1 pm - 6 pm on Green Street between Tehachapi Blvd and F Street and at various downtown businesses. There will be wine tastings at 12 downtown businesses and vendors on Green Street. This is a ticketed event that is open to the public.
APPLICANT REOUESTS
o Closure of Green Street between Tehachapi Blvd and F Street. o No Parking signs up 24 hours prior stating "No Parking from 11 am - 7 pm." o Street barricades from the Public Works Department'
Administration:
L. Event applicant will be responsible for making sure city property is properly cleaned after the close ofthe event.
2. Any items set-up by the applicant must be removed immediately following the close of the event.
RECOMMENDATION
APPROVE THE VATENTINE,S WINE WAIK SPECIAL EVENT APPLICATION AND ASSOCIATED STREET CTOSURES
SUBJECT TO STAFF CONDITIONS, CITY MANAGER AND CITY ATTORNEY APPROVAT
STAFF CONDITIONS
EE--J
TEHACHAPI
Procedures for Special Event Applications
All required material must be submitted a minimum of 60 days prior to the event so the City Attorney and staff can review the following material.
When application is turned in, it must be accompanied with the following:
{
1. A copy of the entire insurance policy with the following:
a. Certificate of lnsurance showing all additional insured, exact dates of event, exact location(s) and name of all premises that will be used, the name of event and indemnifications statement (see below)
b. S1,000,000 liability
c. Separate endorsement stating such insurance is primary, and that any other insurance maintained by the additional named insured's is excess and not contributing insurance with respect to the subject insurance policy.
d. lf the event will be arts and crafts, a vendor's insurance policy will need to be obtained and provided to the City with the certificate of insurance.
THE FOLTOWING MUST BE tNCIUDED WITH THE CERTIFICATE OF INSURANCE AS ADDTTIONAT INSURED IN ORDER TO BE ACCEPTED:
The City of Tehachapi, its counci! membets, officers, employees and agents 115 South Robinson Street, Tehachapi, CA 93561
2. Map showing locations and set-up of event.
3. List of vendors (see vendor information box for further details). Please note: There is a S1.@ charge per vendor, payable by the event applicant.
\ 4. A S2OO.0O refundable cleaning deposit is required for all events held on City property. The cleaning deposit will be refunded after the event is held and the event site is inspected.
S. For larger events, City staff may request fees be paid for city staff attendance, clean-up or securlty at the event. ' I'
5. paint of any sort on city streets or sidewalks is strictly prohibited. .q!g!!-egj!! is permitted.
7. For large community events, the applicant must contact the Special Event Coordinator at City Hall to coordinate and discuss the submission of their event application. "NOTErt Special Events may be subiect to Clty Council approvallncomplete applications will not be accepted.
RECEIVED
TEHACHAPI City of Tehachapi
Special Event Application
Explain the event and activities in detail: For events longer than two days, please submit a daily agenda with specific times and locations.
Applicant Information
Name
Sponsoring Organization l
Street Address l {
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l
City, State, Zip Code
Day Phone
Mobile Phone \
E-mailAddress havr,tLrer@ Jphar[ta Di rr-ru,'.
Contact Person "or1-site"
day of and mobile number il,ln* S coltr L rh bk I 7
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Event lnformation
Event Title L \l \, f. \tl \Al t t
Event Date ---f . r
Event Location ( \L r
Event Hours Start: I End: 116,,u'
Set Up Date: .'.: \U fime, q]
Break Down Date Time: I
Clean up finalized Date: .. Time: fl^r.a
Person Responsible for clean up Mobile frl . i,: \
ls this event an annual event? :l \
ls this event open to the public?
ls this event for money raising purposes
lf yes, what will proceeds be used for?
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Start Time: End Time:
Names of Streets to be Closed: n
Street Closure I
Between And
Between And
Between And
Map of event MUST be included.
The event holder is responsible for anima! waste cleanup after the parade or petting zoo.
Tehachapi Police Department may require traffic conrol andlor crossing guards.
Number of stages
Willyour event have a DJ or live music?
start time: Finish Time:
Willyou have bles at the event?
Name of lnflatable Vendor and Contact lnformation
Will a drone be used at your event?
see FAA
Police Department will review your specialevent application to make a final determination as to the number of offices, vehicles, and/or equipment you wlll be required to have in order to make sure your euent is conducted safely.
Please The
Will your event require potable water (use of a hydrant meter)? (Hydrant meter application and deposit may be Please specify location:
required.)
Do you plan to provide portable restroom facilities at your event? (may be required based on size of event!
lf yes, what is the name of the company you will be using? e5
\.t, N
lf no, please describe plan
Restroom set up date:
Restroom pickup date:
&-b nr\
I&b t\nl or \-:-rt
Number of ADA accessible toilets:
Number of hand sinks:
Total number of toilets:
Parade/Street Closure lnformation
V I
Entertainment lnformat'on
Securiw Information
lf yes, please provide the name of the company and the schedule:
: - \ L r ; -r ,",
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- ,tt 'r-i.*,-.-
Potable Water and
Restrooms
The applicant is responsible for leaving the venue clean and clear of debris. Please describe the plan for cleanup and removal of waste, recyclable goods and garbage during and after the event. Failure to comply will result in the forfeited
Sanitation
rlaft
Equipment set up date
u nt date
7 Number of trash cans:
Number or recycling containers
Number of dum
Other, please specify your plan:
lnformation
Does your event involve the sale or consumption of alcoholic beverages? : '.: - lf yes, an ABC event permit may be required. Contact ABC at (651) 395-2731 or www.abc.ca.gov for the application process. The permit issued by ABC must be displayed during the time alcoholic beverages will be sold and a copy will be required for City approval.
Describe how you will ensure that alcoholic beverages will be con ,l!:anA: x
l<
Q^44 4q.
sumed only by people 21 years or older:
(.,\r\{
Circle of alcohol be sold/served Beer
willbe Time rom Time Alcoholic sold/served
lf yes, a Health permit is required. Contact Kern County Environmental Health Department at (561) g62-g740 or www.kernoublichealth.com for the application process. A copy of the Health Permit will be required for City aPProval.
Will your event have Food Vendors? errft r\({,net
How many food vendors?
-
Will there be merchandise vendors at your event? -r:.-
How many vendors? -
. please provide a list of vendors including vendor name, type of vendor, phone number, address, and sellers permit number.
r A copy of the vendor's insurance certificate is required. Vendors may obtain insurance for the event at *There is a 55.00 charge per vendor, payable by the event applicant HUB lnsurance www eventinsure.com
Sanitation and Recycling
\iM
Che SUtton \\
c) ie
N \\ c u- n hJ o( k- (^]
an irQ.Y B
^
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I
TEHACHAPI
MITIGATION OF IMPACT
Due to the nature of your event, the City of Tehachapi may require you, at your expense, to officially notify residents, business; places of worship, schools and other entities that may be directly impacted by your event IIABIIITY I NSURANCE REQUIREMEI\TT
lnsurance requirements for persons or organizations wishing to use City facilities should be as follows:
The party requesting to use the facility ("applicant") shall secure and keep in force during the entire term of applicant's use of the facility and covering all of applicant's activities with respect to the facility a comprehensive general liability insurance policy with bodily injury, property damage, and contractual coverage of not less than St million per occurrence and including a comprehensive coverage form, and coverages for premises/operation, operations hazard, complete operations, and products liability, and containing special endorsements providing substantially the following:
1) That the City of Tehachapi, its agents, officers, employees and governing body and each member thereof are declared to be an additional named insured under the terms of the policy with reference to the activity described in the policy, whether such additionaI insured be actively or passively negligent or liable by operation of law;
2) Contractual liability coverage underwriting the obligations of applicant to hold harmless, indemnify and defend each of the insureds provided herein and liquor liability coverage if alcoholic beverages will be served, sold, or consumed.
3) "Cross liability" or "severability of lnterest" coverage for all named insureds; 4) That such insurance is primary, and that any other insurance maintained by the additional named insureds is excess and not contributing insurance with respect to the subject insurance policy; 5) That the insurer waives all rights of subrogation against the additional named insureds; 6) That the coverage afforded by such policy to the additional named insureds shall not be prejudiced in any way by any failure of the principal insured to comply with any notice requirements of such policy; and
7) That such policy may not be canceled, coverage reduced, or terms altered in any manner detrimental to the coverage except after delivery to the City of written notice not less than 15 days prior to the effective date of such cancellation, reduction or alteration. No such cancellation provisions in any such insurance policy shall be construed in derogation of the continuous duW of applicant to furnish insurance during the term of applicant's use of the facility. The lapse for any reason of insurance as required herein shall constitute breach of this requirement' The facility shall not be used until applicant has provided City with a duly certificated certificate of insurance issued by an insurance company approved by City and evidencing that the poliry has been issued, is effective, and complies with the foregoing requirements. The applicant must also provide the City with a facsimile of the insurance policy and no use of the facility can be made until the City has approved the policy.
INDEMNIFICATION
Applicant hereby agrees to indemnify, defend, and hold harmless the City its Councilpersons, Boards, Commissions, Officers, and Agents from any and all claims, demands, suits, judgements, liability, damages, costs, and expenses arising out of or related to applicant's use or occupation of City's streets or facilities including, without limitation, any of the foregoing relating to the spread of the Coronavirus or its variants at the applicant's function, any of the foregoing relating to quarantining, hospitalization, or death from same, and including but not limited to, any act or omission to act on the part of City, its Councilpersons, Boards, Commissions, Officers, Employees or Agents, whether active or passive.
Applicant Signature Date -
lncomplete, illegible, andlor unsigned applications will not be accepted. Submission of a Special Event Application constitutes a reguest to use City property for the purpose of an event and does not guarantee event apgroval.
. I understand that if I am utilizing a city-owned facility I am responsible to clean the above requested facility, by removing all rubbish, debris, etc., and restore the groundsffacility back to a clean and orderly condition. I further understand I will be required to pay a S2ffi deposit, at the city's discretion, for clean-up of the grounds/facility, and upon inspection of the grounds/facility, the deposit, may be fully or partially refunded, depending upon the condition the facility is left in by the user. . lf any department within the City feels extra costs will be incurred, the applicant will be responsible for paying these fees. . Applicable overtime rate may apply if a Public Works employee is called out for event. . Event organizer is responsible for electrical needs. "Quiet Generators Only'' . I understand that power will not be available unless pre-arranged. A fee may be charged at the cit/s discretion. . l, the undersigned, have read the above statements, general regulations and insurance requirements attached to this contract, and understand them and agree fully. 'You are required to comply with the latest Covid-19 Guidelines issued by the State of California, the Kern County Public Health Department to the extent its guidelines exceed those of the state, and the Center for Disease Control to the extent its guidelines exceed those of the state. Attached are the latest guidelines available. You must monitor the Covid-19 websites for the state, the Kern County Department of Public Health Department, and the Center for Disease Control to determine any updates to the foregoing guidelines and comply with those updates."
ApplicantSignature , .',. Date
.-Y.f
a TEHACHAPI
}nvll.,
CIW OF TEHACHAPI
EQUIPMENT USE APPTICANON
DATE.-
PRINT
ORGANIZATION:
CONTACT: EMAIL ADDRESS:
EVENT NAME: EVENT LOCATION: l
Da,on*our^' kt5AY}iilrt
EVENT
REQUESTED:
LT
ITEM(S}: C) QUANTITY:
Ponabto !")eak 5 5 sc'l,- v\n a p
6\A; no s\ons q
JU
DI5PIAY: 3 lines 8 charasters line
Pleap note: Acceptan(e of a request in no way Suaranteet that the the signs for emergPncy purposes
Oate(s) :i orsPlay Stan Time: *:-'
.nnouncement f,n:ll aopeat on t le sbn
'3
the city t!.et!r€8 the rirrt to r,s€ of
Tall to
EndTimc: l: flrrr'\
EVENT/MESSAGE includrnE soaces)
2024 Valentine's Wine Watk Map
lvHst
ens ountry Bakery I
the Sierra I
Farm
i, t 't
EHSI
COUNTRY
REAL ESTATE
9 c
oh
rkhouse
Sreah.SS
e
(
P&NGari
Smog Sl
I
HE JUST
\
\
(J= I ca
!vEsr
ftinc W D e"
= trash cans
Tehachapi Heritage
t-eague Museum
Local-niston'museJm in a 193'is licrary I
OI*l,ucf1nil t
I
I
I
I
= security (8) guards and signage (no alcohol beyond this point) = wine watk route: Tehachapi Btvd from Curry to Robinson, Green Street up to E and F street from Curry to Robinson. = heaters
= Check-in booth and sober station
Thai Hachapi o Thar o
I
rli, E I
I
L- ,l
,
T
z0z4Valentine's Wine Watk Map
r trlldLl,d|rl XCdr L)tdttrV
I
)
Wild Roots Style Co I I
Alarl Desrgn
Jewelry Studio
c
(
sanla Fe Molel
Booking com - Hotels I
Gallery N Grfts
Gtft sho, I
Festlval-October t
9 I
E
0 I
I
Chet
The Historic
BeeKay Thealre Farmworker tnstrtuleA
Ot Education And Y
.'"8lltn::fi5]9 I
t
I Shreld Pacrfrc
lnsurance Agency I
Nancy M Horvath, RN I
TehachapiCity
American Legion
Tehachapi Posl 221 I
$
Hitching Posl Theaters
313.? [I:'31 *, .' i". :'r1',:1, 3,?J I
Pelra Mediterran
Restauranl
Gn nle
Shoolers Suppty
Sportng goods 3tota I
Kern Counly
Librar_v Tehachapt I
I
Wash Tub Laundry
I
= porta potties
= wine watk route: Tehachapi Btvd from Curry to Robinson, Green Street up to E and F street from Curry to Robinson.
Onty street ctosure witt be Green St
I
Kelcy s I
0P*:i:t:":{"
I
It I
CITY OF
TEHACHAPI
CALIFORNIA
COUNCIL REPORTS
MEETING DATE: FEBRUARY 5,2024 AGENDA SECTION: CITY CLERK
DEPARTMENT H
APPROVED
CITY
TO: HONORABLE MAYOR DAVIES AND COUNCIL MEMBERS
ASHLEY WHITMORE, GENERAT SERVICES DIRECTOR
JANUARY 3L,2024
SUBJECT: CITY COUNCI L APPOINTMENT
FROM:
DATE:
BACKGROUND
With the resignation of Councilmember Susan Wiggins on January 25,2024, a vacancy for the District 5 City Council seat was created. Mrs. Wiggins term was set to exprire in November 2026. As the vacancy occurred in the first half of the term, the Council has 50 days from the date of the vacancy to either appoint a qualified candidate to the position or call for a special election. With either option the councilmember would only fill the remainder of the first half of Mrs. Wiggins term, through November 2024.
OPTIONS
L. Direct staff to publish a notice to appoint one member to the District 5 City Council position to fill the vacancy created by the resignation of Susan Wiggins. This appointment would likely take place at the March L8,2023, City Council meeting. The fiscal impact would be approximately 5250 for publication in the Tehachapi News.
2. Call for a special election. The election would take place at the next regularly established election date in the County of Kern. The fiscal impact could be upwards of 520,000, depending on our share of cost.
RECOMMENDATION
DIRECT STAFF TO PUBLISH A NOTICE OF INTENTION TO FILI A VACANCY FOR MEMBER OF THE CITY COUNCIT
BY APPOINTMENT
Accounts Payable
Checks by Date - Detail by Vendor Number
CITY OF'
User:
Printed:
afiescas
ll25l2t24 8i35 AM
CheckNo Vendor No
Invoice No
Vendor Name
Description
TEHACHAPI
CAL ORNIA
Check Drt€
Reference
CheckAmount
ACH 0017
121954
't21954-A
121954-9
006 t
0104758
01M759
AG29540
AG29830
AG300?l
AH0010l
AH00163
AH00173
AH00l85
AH007,14
AH00768
ACH 0127
107622
0182
86tt
8696
8706
American Business Machines
PWCanod Copier
Wtr/Canon Copier
Swr/Canon Copier
Total for lhis ACH Check for vendor 001 7:
Total for Vendor 00 I 7 (American Business Machines):
BSKAssociates
Swr/Rcclamation Sitc Monitoring
Swr/Qtly Ground Wator Monitoring
Wti/Drinking Wairr Samples
Wtr/Drinking Weter Samples
Wtr/Drinkiry Watsr Samples
wtr,Drinking Water Samples
Wtr/Drinking Wat€r Sampl€s
Wtr/Dridking Water Sarnpl€s
Wtr/Drinking Water Samples
Wtr/Drinking Waler Samples
Wtr/Drinking Waler Samples
Total for this ACH check for Vendor 0061 :
Total for vendor 0061 (BSK Associates):
Stare of Califomia Department ofJustice
PD/Live Scan
Total for Ihis ACH Check for Vendor 0127:
Total for Vendor 012? (State of California Depattment of Justice):
P&J Electric Inc.
Wtr/Curry Tank AlamN
PW .,lew Gate
St S/GFCI Mill St
t1.t2
t1.82
17.81 53.45
|,t21 .5D
1,397.50
91.00 91.00
30.00 91.00
r00.00
30.00 30.00
91.00 30.00
3,109.00
3,109.00
32.00 ACH
32.ffi
?50.00
3,292.t4
438.55
Total for this ACH Check for Vendor 0 I 82:
Total for Verdor 0182 (P&J Electric Inc.):
ACH 0300 Mission Linen & Uniform Service
52068'1901 PWLinen MaintMats
520687902 SW!/WWTP Mats
4380.69
4,480.69
250.70
34.13 AP Checks by Dat€ - Detail by Vendor Numb€r (l/2512024 8:35 AM) Page I Check No Vendor No Vendor Name Check Date
Referellce
CheckArnount
Invoice No
52013Ms6
52013045?
s207't06'79
520710680
520808541
520808542
520856672
520856673
PWLinen MaintMats
Swrn4{ITP Mats
Pw^-inen MaintMats
S*T^MWTP Mats
Pw,4-inen Main/Mats
Swr,t/WTP Mats
PW,?Linen Maint/ Mats
SWr/WWTP Mats
Total for this ACH Check for Vendor 0300:
Total for Vendor 0300 (Mission Linen & Uniform Service):
Southem Califomia Edison
Strts/80023 ? 1 96711 002 W Tehachapi Blvd A,No
Sms/8002386384/1002 W Tehachapi Blvd B,No
Stts/8002515179/Tehachapi-Tucker/Dec 2023
Swr/E003886514/000000 Tehachapi Blvd/Nov 2
LLD/8002E15704/Industrial Pkw?-Curry/D€c 2t
strts/E002457897/800 S Curry Sr/Dec 2023
Strts/8002748942/Tehachapi Blvd-Denrisoil Rd/
Strts/80025 I 5 750^,lulberry-Brent',trood/Dec 202
Strts/8000952476,4/all€y Blvd-Mulb€rry St/Dec
LLD/800284 I 9 I ?,4inon St-E Orchard-Curry St/
LLD/8004033054,,]\,i11 St-D SVDec 2023
Strts/E002844782Nalley Blvd Wo Dennison/De
PW8000691540/800 Enteprise/Dec 2023
PW8002992907/800 Enterprise Shop/Nov l5-D
Srar/80033272t15/800 Enlerprise Faciliry/Nov l5
Sfis/E002397488/Tehachapi-Dennison/Dec 202:
Strts/8000489050/TR 2995 Oalc,rood-VallcyDe,
St(t8001916915/100 W Tehachapi Blvd #B,No
strrs/8001941899/101 west F stNov l-Dec 3 2(
LLD | 80074525 49 nR 2995 oakwood-valleyDe
srrrs/8002452549/TR 2995 Oakwood-ValleyDe,
Strts/80028 I 7959/Tucker Rd-Hwy 202lDec 202]-
srrts/8002454554Mi11 and J Sr/Dec 2023
Strts/8003094036/H St-Gre€n Si/Dec 2023
LLD/8000679393/TR 4536 I Mulberq',/Dec 202:
strts/8002485759,/N4i11 and J SrDec 2023
Stns/8002738103F St e/o Mulberry/Dec 2023
LLD / 800 424320 4 lE T ehachapi Blvd-Steuber Rd
LLD/8002843239/Dennison-Pinon Sr/Dec 2023
Strts/8002489190/213 West I SrDec 2023
Stls/8002502lol,4lighline & Curry/Dec 2023
Sms/8003326?95/326 Easr D SrDec 2023
Wtr/8001 I I 965 I /Curry Well/Dec 2023
Stts/80033 542141303 E AveD/Dec 2023
Strts/80028003 84/Tucker -yall ey lD ec 2023
Strts/8002826534/710 W Tehachapi BtvtVDec 2{
Sbls/8002503365/Tehachapi Blvd-D€nnison/Der
strts/80001 I 7087/Highw ay 202/Dec 2023
Sttu/800277?497lGoodrick Dr do Dennison/De
LLD / 80028 5 2 5 l'7 nehachapi Blvd-Bailey,/Dec 2r
Stra/8002504580/Dennison-Brett Ave/Dec 2023
Sms/800282780 I /2000 M€gellan Dr,/Dec 2023
LLD / 80028293 | 7 lManzanit€-cr€en/Dec 2023
Wtr/8000488 I 89/Pinon WelllDec 4-l^n 3 2024
250.70
34.13 276.41
38.40 279.62
38.40 2',74.OO
38.40 1,515.29
ACH 0372
ot022024
01022024-A
oto22024-B
o1022024-C
01022024-D
01022024-E
01022024-F
01022024-G
oto22024-H
01022024-l
0t022024-J
0t022024-K
ot022024-L
ot022024-M
01022024-N
ot022024-0
01022024 P
0\o22024-Q
01022024-R
01022024-3
0to22024-T
0t022024-u
0t022024-v
0t022024-w
0t022024-x
0t022024-v
01022024-z
oto22024-zA
01022024-ZB
o1022024-ZC
01022024-ZD
01022024-ZE
01022024-ZF
01o22024-zc
0t022024-zH
0t022024-zl
0t022024-7)
0t022024-zK
0t022024-zL
ot022024-zM
0t022024 zN
01022024-ZO
01022024-ZP
01042024
|,515.29
81.47 30.36
56.28 344.85
81.66 '74.E2
t12 4l
84.66 67.t3
316.93
146.94
523.06
65.03 287.24
861.73
149.19
146.O7
9E.68
179.09
306.28
8,964.38
200.56
86.'t4
169.80
68.09 107.50
300.98
60.47 1,415.88
13.5'l
18.82 36.79
4,855.',77
20.52 168.91
\92.'74
18.82 74.a2
256.42
95.22 52.U
r68.61
313.95
3,633.21
AP Checks by Date - Detail by V€ndor Number (1/25/2024 8:35 l\M\ PaEe 2 Check No Vendor No
Invoic€ No
Vendor Narne
Descdption
Check Date
R€f€rence
CheckAmount
0t042024-A
0r042024-B
0t042024-c
0t042024-D
0t042024-E
0t052024
01062024
ot062024-A
1t02024
tl62024
1112024
1112024-A
!72024-9
tt72024-C
n72024-D
tt72024-E
0't2024-F
1t12024-G
t1'72024-H
t112A4-l
t\'72024-l
1112024-K
1112024-L
\\82024
1182024-A
|92024
1192024-A
1192024-B
n92024-C
fi92024-D
LLD/8000293383/1347 Clasico Dr Ped/Dec 4-Ja
LLD/8000296695d 115 Alder Ave Ped/Dec 4-Jar
LLDI8000302048/ l4l 5 Alder Ave Ped/Dec 4-Jar
LLD/E000641860/1299 S Curry St/D€c 4-Jan 3 ,
LLD/80046E0470/ 1002 Applewood St Pump Str
Wh/8004628073/129 Brentwood Dr,/Dec 5-Jan 4
5*r/8003048390/755 Steuber WelL/Dec 6-Jan 5 l
Drain/800 I I 15 5791409 Bailey Ave/Dec 6-Jar 5 :
Wtr/8001340514/358 East D St (Mojave WeU) t
Sfis/8003135063/t00 S Curry St #A,iDec 14 20:
PW8001026848/l0l Commercial WayDec 15,
GG/8003354652/115 S Robinson Sr/Dec l5 202:
DSD/8003367862/I l7 S Robinson St/Dec 15 20:
Airi800l03798l/409 Bryar CiDec 15 2023-Jan
Air/8000146155,Dennison s/o Hwy 58/Dec l5 2
Air/8000152422314 N Hayes SVDec l5 2023-Jr
Airl8000361331/314 N Hayes St Papi/D€c l5 2C
Air/8000880034/314 N Hayes St #G3lDec l5 20
Ail8001144201/l14N Hay€s St#B,Dec l5 202
Air/8003312447/314 N Hayes St/D€c 15 2023-J:
Air/8003312881/9999 l/2 Hayes/Nov l5 2023-Jr
Air/8003326595/316 N Mojave St/Dec l5 2023-
Air/8003354614/West End Tch Airport/Dcc l5 2
Wtr/800,{42523 3/NW Cor Anita-Dennison/Dec (
Wtr/800,{425404ll 26 S Snyd€r Ave/D€c 6 2023-
Strts/8000778639/1668 Tehachapi Blvd A./Dec I
St tt800077943 1 n 668 Tehachapi Blvd BDec I
Strts/80034E9234/500 Tucker Rd/Dec I 9 2023-J
strs/80024?53 81/2069 E Tehachapi Blvd B,/Dec
Sms/80O2489094/2069 E T€hachaDi Blvd A,{Dec
Tolal for this ACH check for Vendor 0372:
Total for Vendor 0372 (Southem California Edison):
The Gas Company
Polic€ Dept # 1285 16960261Dec 12 2023-l^n 12
Annex #008E I 702005/D ec 12 2O23-J^rr 12 2024
City Hall #065 5 I 704007 lDec 12 2023-Jai 12 20
Airport *O 1091699981/Dec 12 7o23-lan t2 202t
Visitor Cent€r #10561664466/Dec 12 2v3-la 1
Total for this ACH Check for Vendor 0395:
Total for Vendor 0395 (The Gas Company):
Sparkletts
43.12 16.44
16.04 2,934.06
203.05
87.l8
38.83 2,310.80
86.93 73.65
1,226.18
426.81
309.46
26t.04
t22.t6
82.43 325.25
161.60
273.',78
42.M
t40.22
87.20 74.89
18.O1
30.30 15.39
31.19 68.48
38,112.69
ACH 0395
0\162024
01162024-A
01162024-B
01r62024-C
01162D24-D
ACH 0399
ACH 0426
38,112.69
1,139.08
4't9.42
359.05
234.54
22.f6
2,234.45
4365880 010124 Swr/Hot-Cold Water Dtupenser
4365880 010124A PWHot-Cold Water Dspens€r
4365880 0101248 Wtr/Hot-Cold Wat€r Dispsnser
2,234.45
55.81 55.81
55.81 Total for this ACH Check for Vendor 0399:
Total for Vendor 0399 (Spa*letts):
Tehachapi-Cuninings County Water Distri(
t61.43
t61.43
AP Ch€cks by Date - Delail by Vendor Number (112512024 8:35 AM\ Page 3 Check No Vendor No
Invoice No
Vendor N&me
Description
Check D.te
Reference
Check Amount
TCCWD1524
TCCWD1524-A
TCCWDt524-B
TCCWDl524-C
TCCM)1524-D
TCCWDl524-E
TCCWDl524-F
TCCWDl524-G
TCCWDl524-H
TCCWDI524-I
TCCWDl524-J
TCCWDI524-K
0428
DW1924
0450
00240787
0/.76
333613
333613-A
333613-B
333824
314n4
334481
335068
c333824-O
0503
1084937
1084939
Wtr/Pennzoil Quaker Stat€ t andscaFe/Dec 2023
Wtr/Henway Landscape/Dec 2023
Wh/\\l astc Mgmt Landscap,elDec 2023
Wts/TUSD Landscape/Dec 2023
LLDManior Park Landscap€/D€c 2023
LLD/COT t-andscape,/Dec 2023
LLD/COT Median Lards cape/Dec 2023
Wtr/TUSD-DN2 Landsc zpetDec 2023
WIi/TUSD-DN4 Landsc apelDer 2023
WII/TUSD-DN6 Landsc apelDec 2023
Wt /TUSD-DN8 Landscape/Dcc 2023
Wtr/Steuber Landscap€/D€c 2023
Total for dris ACH Check for Vendor 0426:
Total for Vendor M26 (Tehachapi-Curnmings County Water District):
Tehachapi Flower Shop
Synpathy Plant
Total for this ACH Check for Vendor 0428:
Total for Vendor M28 (Tehachapi Flower Shop):
HD Supplies Inc,
Wtr/Tools
Total for this ACH Check for Vcndor 0450:
Total for Vendor M50 (HD Supplies Inc.):
WITTS Everytiing for the Office
PWOftice Suprplies
Wtr/Office Supplies
S*t/Oftice Supplies
Gc/Tape/Pensy'Labels/Covers
Gc/Staplesnli*lighlerlFlags/Pen/Copy Paper
GG/P€ns
Gc/Tapc/Fold€rs/Copy Papei
GG/Ink
GG/Labek - RETURN
Total for this ACH Check for vendor 0476:
Total for Vetrdor 04?6 (WITTS Everything for the Office):
Coasrline Equipment
Wtr/E-206 R€pair
PWE-21 0 Manifold,/Scre€n
Total for lhis ACH Check for Vendor 0503:
Total for Vendor 0503 (Coastline Equipment):
t55.10
4.50 34.47
4.50 7.18
1u.73
11.15 4.50
4.50 4.50
4.50 4.50
384.13
ACH
344.'t3
75.00 75.00
ACH
75.00 256.62
256.62
ACH
256.62
31.52 31.52
31.52 r25.43
120.44
t8.01
\M.97
164.50
624.14
ACH
624.t4
136.85
192.10
32a.95
328.95
AP Ch€cks by Date - Detail by V€ndor Number (l/25/2O24 8:35 ANI) Pag€ 4 Check No Vendor No
Invoice No
Vendor Name
Dcscription
Check Date
Referenc€
Check Amount
ACH 0524
28738
ACH 0543
351335
Scotts Auto Body Inc.
Pwnr'-3 I Rspair
Total for lhis ACH Chcck for Vendor 0524:
Total for Vendor 0524 (Scotts Auto Body Inc.):
BSE Rents
Wt /Actylene Ga!
Toral for this ACH Check for V€ndor 0543:
Total for Vendor 0543 (BSE Rents):
Culligan Water Conditioning
PD/H&C Watlr Coolor Rental/Dec 2023
Total for this ACH Check for Vendor 1321:
Total for Vendor I 32 I (Culligan Water Conditioning):
Tehachapi Plumbidg Company
PWSump Pump l$tall
Total for this ACH Check for vendor 1329:
Total for Verdor I 329 (Tehachapi Plumbing Compary):
Kern Turf Supply Inc.
PWlrrigation Controllen
Total for this ACH Chcck for Vendor l4l3:
Total for Vendor l4l3 (Kem Turf Supply Inc.):
San Joaquin Safety Shoes
Saf€ty Boots
Safety Boots
Total for this ACH Check for Vendor I 506:
Total for Vendor I 506 (San Joaquin Safety Shoes):
State Water Resources Control Board
Wtr/warer Dist Crrade 3 Exam Fee
Tor.l for $is ACH Check for Vendor I 869:
Total for Vendor I 869 (Stato Water Resources Control Board):
SSD Systems
PwRepair Sensor
3,058.18
3,058.18
3,058.18
86.60 86.60
86.60 293.40
ACH
ACH
t32l
131076
t329
lt4a2
t4t3
st2228374
1506
00230t7
0023028
1869
swRcB 12324
880.00
48,203.65
293.40
880.00
EE0.00
ACH
48,203.65
ACH
48,203.65
250.00
216.45
466.45
ACH
466.45
100.00
100.00
ACH 1982
s-01I l6{n0
100.00
149.00
A? Checks by Dare - Detail by Vendor Nod$er (In92A4 8:35 NvI) Page 5 CheckNo Vendor No
Invoice No
Vendor Nrme
D€scription
Check Drte
Refcrence
CheckAmoutrt
s-0111?825 GG/Wom K€y Pad
Total for this ACH Check for Vendor 1982:
Total for Vendor I 982 (SSD Systems):
AV Fuel Corporation
Air/100L Aviation G Fuel
Total for this ACH Check for vendor 2026:
Total for Vendor 2026 (AV Fuel Corporation):
SWRCB Fees
FY2023-24 Water System Annual FeeVJul I 202
Tot l for this ACH Check for Vendor 2592:
Toral for Vendor 2592 (SWRCB Fees):
Holliday Rock Co. lnc.
Pwconcrete at Shop
Wtr/Concrele at Shop
Swr/Conc'rek at Shop
Pwconcrete at Shop
Wt/Concrete at Shop
Swr/Conqeie at Shop
Strts/H & Mojave Cross Guttcr
Pwconciete at Shop
Wtr/Concrctc at Shop
Swr/Conciete at Shop
Pwconcrete at Shop
Wtr/Concrcte at Shop
Swr/Concrcte at Shop
Total for this ACH check for vendor 2600:
Total fol Vendor 2600 (Holliday Rock Co. Inc.):
Home Depot Credit Services
PWRETURN - Gr€€n St Lights
Ai!/RETURN- 400W Hid Clr M€lal Halide
SWTAJVWTP Pip€ Tape
PWAnigatioo Repair Bike Path
PwBeekay Repairs
PWIools
WE/Firc Hydrant Painting Supplies
Pwsafety Gloves
Pw,4nigation Valloy Blvd
Pw/Tatps for tandscaping
PWBeckay Repair
Pw/Shop
PWChristmas
Pw/Shop
Wtr/Walsr L€3k Supplies
223.50
312.sO
t7,925.46
2026
019848891
ACH 2592
LW-1M3639
ACH
ACH
t7,925.46
t7,925.46
24,550.64
24,550.64
2600
1592137
1592737-A
1592',t37-B
1596626
r59606-A
1596626-8
t5912t2
1602409
1602409-A
1602409-8
1602415
1602415-A
1602415-B
ACH 2695
A-6084613
B-1]11664
c-3084433
D-3510009
E-3510050
F-36229t3
G-2013978
H-2610186
r-2622994
J-1510176
K-1510224
L-l510224
M-l5t0224
N-6610732
G5510696
24,550.64
1,497.75
|,491.75
|,496.75
634.03
634.02
634.02
805.38
634.O2
634.O2
634.O1
638.68
638.68
638.69
ll,0l7.
n,0l7.
-t25.29
-67.14
25.07 I16.68
55.03 59.52
74.24 28.28
80.53 23.77
139.40
6.85 42.15
56.23 46.58
AP Checks by Date - Detail by Verdor Nuhber (U252024 8:35 AM) Page 6 Check No Vendor No vendor Nrme Check Dat€
R€ference
CheckAmount
lnvoice No
P-5522541
Q-5564679
R-5610752
s-5661692
T4014215
u-45226M
v-45226M
w-4522608
x-3610953
Y-3610953
YA-61r 179
YB-9511157
YC-9511169
YD-9522496
YE-gs22899
YF-9611261
YG-9611287
YH-8611352
vLa6237'11
yt-1523035
YK-7623819
vL-7623831
't'M-20 14500
YN-2132593
YO-2624M1
1?-1020065
YQ-1020065
YR-1020065
YS-15232E4
YT-1624068
YU-511797
YV-511798
YW-s1l86l
YX-523395
YY-5624393
YZ-4t32812
24512222
zA-4512230
zB-3014751
zc-3132837
zD-3612340
Air/Supplies
PWTools
PW,/Posts for Park N Ride
PWIools
Pw/Tools
Pw^r'alley Blvd
Pw/Safety
Swr/Safety Gloves
Swr/Tools
Air/400w Hid Mctal Halide
PWfies for Banners
Wtr/Tools
PWTrash Bags
PWTools
PWBatteries
PWShop Sh€lv€s
Wtr/Fire Hydrant Painting
Pw,?Beekay Bathroorn Repair
PWTools
PwProtected Ear Muffs
PWDogi Pot Install
Pw/Bike Path Fence Repair
PWTools
Swr/Drain Cleaner
Pwconcrete at Shop
Wtr/Concrele at Shop
Swr/Concr€te at Shop
LlD/Inigation Supplics
PWTools
PWTools
Wtr/Gloves
LLD rrigation Supplies
PWTools
Pwchristmas Stomge Boxes
Pw/Tools
Wh/Tools
Strts/Inigating Supplies - Capital Hills
Pw/H St. Gutt€r
PWTools
PWFlood Lights
53.57 101.t7
15.85 268.46
97.40 I14.12
10.70 7.56
14.04 34.90
67.t4
8.U
2t.63
95.41 189.66
16.l0
lE5.0E
86.?l
74.19 7 t.27
85.05 6.08
13.55 10.59
10.26 2.21
2.21 2.21
36.1I
323.67
89.52 13.50
15.52 36.78
76.79 59.52
36.64 43.20
3.21 32.45
312.91
Total for this ACH Check for V€ndor 2695:
Total for Vendor 2695 (Home Depot Credit Services):
AT&T
PD/Phone Lines #9391040069 Dec 6 2023-Jan 5
GG/City Hall Line I #939l0067l2Dec 62023-J
SW!/WWTP Ofrc€ #9391006713 Dec 6 2023-Ja
RR D€pot #939 I 0067 I 5 Dec 6 2023-Jan 5 2024
Swr/Lift Slation #9391006716 Dec 6 2023-Jar\ 5
GG/City Hall Fax #9391006717 Dec 6 2023-Jan
Air/AWOS Fax #939 1006118 Dec 6 2023-lan 5
PWDSL Fax #939 I 0067 19 Dec 6 2023-J^n 5 2(
Air/Fuel System #9391 006720 Dec 6 2023-Ian 5
Auto Dial 1002 Applewood Pmp Srn #93910067
3,3'1',7.48
ACH 2963
21072009
21072119
21M2lAO
21072181
zl072la2
2lo72la3
2t072184
21072185
2\M2146
2107214',1
3,377.48
445.18
192.'73
1,f4.88
84.65 29.25
29.25 29.25
29.25 29.25
29.25 AP Ch€cks by Date - Detail by Vendor Nurnber (l/2512024 8:35 AM) Paee 7 Check No Vendor No
Invoice No
Vendor Nrme Check D.te
Refercnce
ChcckAmount
Total for this ACH Check for Vcndor 2963:
Total for Vendor 2963 (AI&T):
Verizon Wireless
PD^tobile Co4puterv#242395501 lDec 2 2023 -
Total for this ACH Check for Vendor 301 l
Total for Vendor 30 | | (Ve zon Wireless):
Hali-Brite Ioc.
Air/Beacon Light Maitrtenanc€
Use Tax E.25%
Total for lhis ACH Check for Vendor 3(X I :
Total for Vendor 3Ml (Hali-Brite Inc.):
AXCOM Technical Services Inc.
Wtx^lrater R,aie Study
Wt/Snyder^lojave Intertie
Total for this ACH Chcck for Vendor 3066:
Total for Vendor 3066 (AECOM Technical Servic€s Inc.):
Kem County Animal Services
Animal Control 2023 4lh Qtr Billing (Oct-Dec 2,
Total for lhis ACH Check for Vendor 3093:
Total for Vendor 3093 Kem County Alimal Seryices):
Sergio G. Soto
PWTE.39 TPMS Change
Pwnr'-I7 Tir€s
PWV-5 2 Tires
PWTE{S Tirc
S\rrlv-33 Tircs
Total for this ACH Ch€ck for Vendo( 3 I 73:
Total for Vendor 3173 (Sergio G. Soto):
Three Way Automotive Croup
PVIE-39 Latch/Sensor
Total for this ACH Check for Vendor 324t:
Total for Vendor 3248 Clhree Way Automotiv€ Group):
I,tx3.54
1,043.54
920.27
ACH
ACH 301I
9953053584
3(Xl
56256
56254
3066
2m08397M
2000839828
920.27
280.50
-21.38
259.t2
ACH
259.12
7,920.00
15,648.75
*,56a.15
ACH
ATH
23,568;t5
10,290.00
3093
KCAS11924
3113
l E63
1871
I E73
lE75
r E76
10,290.00
10,290.00
60.00 601.65
396.00
145.00
407.43
1,610.08
ACH 3248
59l84CVW
1,610.0E
3E5.E5
AP Checks by Date - Detail by Vendor Nurnb€r (1/2512024 8:35 AM) Page 8 Check No Vendor No
Invoice No
Vendor Name
Description
Check Drte
Reference
CheckAmount
ACH 3256
24-000151
K€m County Fire Departrnent
Fire/3Q2023-24 Firc Svc Agleement #7 I 3-202 I
Total for this ACH Check for Vendor 3256:
Total for Vendor 3256 (Kem County Fire Departsnent):
County of Kern- Information Technology S
PD/CJIS Access License Fe€/Jan-Mar 2024
Total for lhis ACH Ch€ck for vendor 33?0:
Total for Vendor 33?0 (County of Kem- Information Technology Service):
Independ€nt Fire and Safety Inc.
Pwsenior Cenier MainteMnc€ Servic€
Total for this ACH Check for Vcndor 3429:
Total for Vendor 3429 (Iddependent Fire and Safety Inc.):
Open & Shut Enterprises
Air/Quarierly Gate Services
PD/Qua(crly Gate Services
Wtr/Quarterly Gate Services
S*T/Quanerly Gate Servicas
Total for this ACH Check for vendor 3726:
Total for Vendor 3726 (Open & Shut Ent€rprises):
Tractor Supply Credit Plan
Wtr/Iools
Pwsafety G€ar
PWT.ain Depot Repai(s
Wtr/Iool R€pair
PWPPE
Total for this ACH Check for Vendor 3730:
Total for Vendor 3730 (Tractor Supply Credit Plan):
Diamond Technologies
IT/Dell Warranties
IT^ticrosoft 365 Jan 2024 Monthly Billing
IT/Ag€€m€nt S€rvices Jan 2024 Monthly Billini
PD/Cloud Key Install
Total for lhis ACH Check for V€ndor 3 807:
Total for Vendor 3807 (Diarnond Technologies):
96,394.25
96,394.25
ACH 3429
64108
3370
tt60-0'1420
96,394.25
840.00
ACH
ACH
E40.00
2r7.50
217.50
ACH 3726
102399
102399-A
ro2399-B
102399-C
3730
100807679
20057 t7s4
2005'14223
2005'74233
2005?,{408
380?
34695
3495?MS
34958
35M0
2t'7.50
340.00
170.00
42.50 42.50
595.00
59.51 49.65
ttz.54
21.08 310.39
ACH
310.39
2,639.50
2,537.60
26,0r9.45
153.00
31,349.55
31,349.55
AP Checks by Dare - D€tail by Vendor Number (U2512024 a:35 AMI Page 9 Check No Vendor No Vendor Name Check Date
Reference
Check Amount
Invoice No Description
ACH 3848
4441-22t568
444'7 -22t695
4447 -22t't 12
4441-222416
444',1 -22257 5
4441-2225a2
444',7 -222604
4447 -222101
4447-222792
444't -222806
4M7 -222858
4441-222926
444',t -222966
4447-222914
4447-222988
4441-222989
4{/'7-223005
4447-223503
4447-223506
4441-2235t1
4447-223522
4447-223552
444't -223640
444'1-223681
4447-223682
4441-223683
4447-223644
4447-223'7 t9
4447 -223't2\
4447-223724
4447-223790
4447-223192
4447-2n854
4447-224002
4447-224035
4447-22403',7
4447-224034
4447-224039
4447-224058
4447-224139
4447-224141
444',1 -224825
4447 -224830
444'7 -224A93
4441-224902
444',7 -224958
444',7 -224960
4447 -225158
4441-22s186
4447 -225274
4447 -225276
4447 -225899
4447 -225920
4447 -225967
4447 -226199
4441-226202
O'Reilly Automotive Inc
PW,^/-35 Tail Light
PwFoaming Sprayer
PWRetum - Shop Supplies
PW,^/-4 Oil Filter
PWTE-3g Filten^ffiper Blad€s/Motor Oil
PW,ry-42 OiYAir Filter
PWTE-39 Gear Oil
PWShop Supplies
PWTE-38 Brakes
PWShop Supplies
S$t/E-218 Air Filter/Oil
GG,A/-29 Oil Filter
PW^r'-39 Wiper Blades
PWAr'- l8 Wiper Blades
PW^r'-19 Wiper Blades - Retum
Srnr/E-2 I 8 R€fimd on Parts ShiFped
PWV-38 Oil/Air Filters
PW,ry-26 Baftery
Pw/V-17 Oil Filter
PW,^y'-17 Vapor Cadster/Fuel Cap
PW,^/-l7 Oil Pressure Switch
PWV-I? Tail Light
PW,^/-17 Mi$o V Bclt
Wrr/V-46 Filrer^tr'ip€r Blades
PWV-47 FilteE {Viper Blades
PW,^/-48 Filters^ffiper Blades
PW,A/-49 Filters,Aff iper Blades
PWT-lM Fi lt€rvTransmission Fluid
PW/T-IM Fuel Filter
Swr/V-33 Battery
SwrAy'-33 Core Retum
Wti,Ay'-26 Core Return
DSD,^r'-4 I OiYAir Fihers
PWShop Supplies
PWTE-28 Filtervwiper Blades
PWTE-28 Retum
PW,A/-l 1 Filters/Brak€ Pads
PWA/-3 1 Tail Lishts
PW,A/-22 Door Handle
PWShop Suppli€s
PWTE 28 Cabin Filter
PWAC Contsol Relay TE-28
PWTE-28 FP Driv€ Mod
Pw^r'-4o Filter
PWTE-28 Rear View Mirror
PWTE-28 R€turn FP Drive Mod
PW,^/-39 Shifi Tube
PWShop Supplies
PWTools for Shop
WhAr'-3? Filter/Gear Oil
PWV-17 Wheel
PWTools for Shop
PWTE-28 Fulc Pump Relay
PWGlass Cleaner
Pw/V-s Fillers
PW,ry-24 Filters
48.70 -20,56
10.21 224.60
46.93 38.95
67.08 368.43
48.65 304.43
8.58 2',7.69
21.69 -2',7.69
429.03
10.39 48.29
44.58 to't.28
36.00 r09.82
151.97
t''t.97
151.97
175.85
I1.49
198.53
-22.00
-44.00
212.54
101.46
-10.19
t60.32
101.28
34.09 t2.91
10.19 37.44
50.61 11.81
25.97 -50.61
-3't.01
35.',70
146.29
92.43 477.64
21.64 54.',74
9.19 48.43
60.25 4,686.20
AP Checks by Date - D€tail by Vendor Number (112512024 8:35 AM) Total for this ACH Check for Vendor 3848:
Page l0
CheckNo Vendor No
Invoice No
Vendor Nrme Check Drte
Rcfer€nce
Check Amount
Total for Veodor 3848 (O'Reilly Automotive Inc):
Central valley occupational Med Grp
PD/Pr€ Placement Physical Exan/Dispatch Appl
Toral fo! thi6 ACH Check for Vendor 3855:
Total for V€ndor 3855 (Central Valley Occupational Med Gtp):
Traffi c Mamgement Incorporated
Strts/Stre€t Refl ectors
Total for lhis ACH Check for Vendor 3868:
Total for Vendor 3868 (Tnffic Management Incorporated):
San Diego Police Equipmeff Co Inc
PD/Anuoo Purchase (Rifl e)
PD/Pistol Ammo
Total for lhis ACH Check for V€ndor 3889:
Total for Vendor 3889 (San Diego Police fuuipment Co Inc):
Babcock Laboratories, Ioc.
SWTNIWTP Weekly Lab Sampl€s
Total for this ACH Check for Vendor 40 I I :
Total for Vendor 401I (Babcock Laboratories, Inc.):
Waxie Sanitary Supply
PwJanilorial Supplies
wtr/Janitorial Supplies
Swr/Janitorial Supplies
PD/Janitorial Supplies
Total for lhis ACH check for Vcndor 4036:
Total for Vendor 4036 (waxie Sadtary Supply):
Languagc Line Services Inc
PD/Trarslating SerYic€s
4,686.20
1?8.00
ACH 3855
00609868
3868
06-l04l9l
3889
659974
660047
178.00
ACH
178.00
913.72
913.12
ACH
973.72
4,695.68
2,160,76
6,856.44
ACH 401I
cL31l48-882?
6,E56.44
869.91
869.91
ACH 4036
82181348
82181348-A
82181348-B
82232979
869.91
103.1I
103.10
103.10
282.44
591.75
ACH 4063
I I191939
59t.75
t6.25
Total for this ACH Check for Vendor 4063:
Total for Vendor 4063 (Language Line Services Inc):
ACH 4065 Am€rican Safcty Services Inc
Swr/Tags
Pwsafety CoNulting^nspection & Reporting
PD/Safety Consultinglnsp€ction & Reporting
t6.25
3192?9 S
319531 S
319531 S-A
t6.25
140.81
21t.34
98.63 AP checks by Date - Detail by Vendor Nuhb€r (l/2512024 8t35 l\Nf) Page I I Check No Vendor No
Invoice No
Vendor Name Check Date CheckAmount
Reference
319531 S-B
319531 S-C
3t953t S-D
319531 S-E
319531 S-F
319532
S
319532 S-A
319s32 S-B
319532 S-C
319532 S-D
319532 S-E
319533
S
319533 S-A
319533 S-B
319533 S-C
319533 S-D
319533 S-E
319534
S
319534 S-A
319535
S
119535 S-A
319535 S-B
319535 S-C
319535 S-D
31953s S-E
319535 S-F
3I9536
S
319536 S-A
319536 S-B
319536 S-C
319536 S-D
319536 S-E
319537
S
319537 S-A
31953? S-B
3 t9537 S-C
319537 S-D
319537 S-E
319538
S
319538 S-A
319538 S-B
319538 S-C
319538 S-D
319538 S-E
319538 S-F
319539 S
3 r9539 S-A
319539 S-B
319539 S-C
319539 S-D
319539 S,E
319540 S
319540 S-A
319540 S-B
319540 S-C
319540 S-D
319540 S-E
319541 S
GG/Saf€ty Consulring^nspecrion & Repodng
DSD/Safety Consulting^nspectioD & Reporting
Wh/Safety Consulring[nspection & Reponing
S\rr/Safety Consulting^nspection & Reporting
Air/Saf€ty Corsulting^nspcction & Rcpoiting
PWAED Inspecrion Fee
PD/AED Inspection Fee
GG/AED Inspection Fee
Wtr/AED Inspection Fee
DSD/AED Inspection Fee
Snr/AED Inspection Fee
Pwtrirsl Aid Kit Inspecrion & Supplies
PD,first Aid Kit Inspecrion & Supplies
Gctrilst Aid Kit Inspection & Supf'lies
DSD/First Aid Kit Inspecrion & Supplies
Wtr,first Aid Kit Insp€crion & Supplies
S*r/First Aid Kit Inspection & Supplies
Wtr4nspection for Confined Space Trailer
Swr^nspection for Confin€d Space Trail€r
PWSafety Consulting/Inspection & Reporting
PD/Safety Consulting/Inspeclior & Reporting
Gc/Safety Consulrinlnspecrion & Reportints
DSD/Safety Consultingnnspection & Reporting
Wtr/Saf€ty Consultingdnspection & Repodng
Swr/Safety Consulting/Inspection & Repodng
Air/Safety Consulting^nspection & Reporting
PWAED lnspection Fce
PD/AED Inspection Fee
cc/AED lnspection Fe€
DSD/AED Inspection Fee
Wtr/AED tnspection Fe€
S\rrlAED lnsp€ction Fe€
Pwmirst Aid Kit Inspection & Supplies
PDFirst Aid Kit Insp€ction & Supplies
GG/Fi.st Aid Kit Inspcction & Supplies
DSD/Fint Aid Kit Inspection & Supplies
Wtr/First Aid Kit Inspecrion & Supplies
Swr/First Aid Kit Inspection & Supplies
Pwsafety Consulting[nsp€ction & Reporting
PD/Safety Consultinglnspecrion & Reporring
GG/Saf€ty Consulting4nsp€ction & Reportints
DSD/Safety Consultinglnspecrion & Reporting
Wtr/Safety Consulting4nspection & Reportint
Swr/Safety Consultinlnspecriod & Reporting
Air/Safety Consultingnnsp€ction & R€porting
PWAED Insp€ction F€e
PD/AED Inspection Fee
GG/AED Inspection Fee
DSD/AED Inspection F€€
Wtr/AID Inspection Fee
SIIT/AED Insp€ction F€€
PWFint Aid Kit lnspection & Supplies
PDmirst Aid Kit Inspection & Supplics
GG/First Aid Kit Inspedion & Supplies
DSD/First Aid Kii Insf'ection & Supplies
Wtr/Fini Aid Kit Inspecriotr & Supplies
Swr/FiNt Aid Kit lnsf,ecrion & Supplies
PWShop First Aid
98.63 98.63
49.32 49.32
98.63 15.00
15.00 15.00
'7.50
15.00 7.50
55.60 22.23
22.23 22.23
22.23 '1'7.82
75.00 75.00
21t.34
98.63 98.63
98.63 49.32
49.32 98.63
15.00 15.00
15.00 I5.00
7.50 7.50
44.76 t't.91
t7.91
t7.9r
t1.91
62.66 2t1.34
9E.63
9E.63
98.63 49.32
49.32 98.63
15.00 15.00
r5.00
r 5.00
7.50 7.50
33.'75
13.50 13.50
13_50
13.50 41.25
256.36
AP Checks by Date - Detail by Vendor Number (l/2512024 8:35 /\1,/D Page 12 CheckNo vendor No
Invoice No
Vendor Name
Delcription
Check Date
Reference
CheckAmount
Total for this ACH Check for Vendor 4065:
Total for Vendor 4065 (American Safety Services Inc):
RDO Equipment
Wtr/T-121 Hose Recl
Total for this AcH Check for vendor 4105:
Total for Vendor 4105 (RDO Equipment):
Kem Couofy Public Works
Pw/Disposal
Cal Trans/Disposal
Total for this ACH ChecL for V€ndor 4 I 3t:
Total for Vendor 4138 (Kem County Public Wot*s):
Waste Management
Ref/R€fi.lsc Contact/l\lov 2023 Billing
ReflRecycling Contract/Nov 2023 Billing
Ref,/Kcm County Bin Disposal FccVNov 2023 B
Tot l for this ACH Check for Vendor 4142:
Total for Vendor 4142 (Waste Management):
3422.07
ACH 4105
P02545't6
3,422.07
848.73
t48.73
ACH
ACH
4138
39234
39234-A
t4t.13
2,864.13
2.47 2,866.60
4142
11302023-A
11302023-8
[302023-C
4r57
u087703
ull35E5
ut27656
u134599
ut346l7
4t94
160187
160521
ACH 4230
001 2890-4808-2
01765364792-9
01765314792-7
02260814808-7
Corc & Main LP
SWT^VWTP Valve
Swr/SFainer
Wtr/Water Leak Rspairc
Wtt/Tools
Wtr/Tools
2,866.60
93,700.09
19,821.49
20,wE.76
t33,620.34
ACH
133,620.34
323.79
99.59 t23.t9
9,843.00
432.65
Total for tbis ACH Check for Vendor 4 I 57'
Total for Vendor4l5? (Corc & Main LP):
Data Ticket Inc.
CElcitation Processing
Cvcitation Proc€ssing for PD
Total for this ACH Check for Vendot 419:
Total for Vendor 4194 (Data Ticket Inc.):
Waste Managcment (ACH)
Swr/Str€ct Swceper Bin #2243626-030081Dec 2
PwPublic Works Shop Propane # 19- l 7983-730
Wb^r,later Shop Propatre # I 9- I 7983-83008/Dec
Swr/3 Yard Bi! #19-658 45-33006/Dw 2023
t0,822.22
ACH
t0,822.22
200.00
25.83 225.83
225.83
2,176.22
1,272.63
506_ I I
|1.79
AP Checks by Dal€ - D€tail by Vendor Nuhb€r (l/25/2024 8:35p!]s,\ Page 13 CheckNo Vendor No
Invoice No
Vendor Name
D$cription
Check Drte
Refererce
CheckArhount
Total for this ACH Check for Vendor 4230:
Total for Vendor 4230 (Waste Management (ACH)):
City of Fresno
Perishable Skills Trainingd an 3O-Feb 2 2023N I
Total for this ACH Check for Vendor 4269:
Total for Vendor 4269 (City ofFresno):
Amber Chemical Inc
Wtr,4lydrochlorite Solutio[ - CllIry Tank
Wtr/Hydrochlonk SoluLion - WahlsEom Wel.
Wtr^lydrochlorite Solution - Mojave Well
Wtr/Hydrochlorite Solution - Minton Well
Wtr/Hydrochlorite Solution Corection
Total for this ACH Check for Vendor 4272:
Total for Vendor 4272 (Arnber Chemical Inc):
Red Wing Shoes
Wts/Safety Boots
Pwsafety Boots
Total for this ACH Check for Vendor 4287:
Total for Vendor 4287 (Red Wing Shoes):
Stockdale Aire Inc
PWTrain Depot Hcatcr RE air
Toral for this ACH Check foi vendor 4298:
Total for Vendor 4298 (Stockdal€ Aire Inc):
4,072.75
4.072.75
593.00
ACH 4269
200M744
ACH 4272
0380087-IN
0380088-IN
0380090-IN
0380091-IN
0380260-IN
ACH 428'1
257-l-l13555
257-l-tl40l8
593.00
593.00
9t4.40
451.20
't tt.20
1,016.00
-161.U
2,93t.t6
2,93t.16
250.00
250.00
500.00
6,400.00
ACH
ACH
4298
I-E912E-l
4330
1555949
1556t97
6,400.00
Jim Burke Ford
PWTE-2E Sender/Gasket
PWTE-28 Sor Tube
6,400.00
392.10
229.t4
Total for this ACH Check for Vendor 4330:
Total for Vendor 4330 (Jim Bu*e Ford):
62t.44
ACH 4358
50788
Lease Servicing Csntet Inc
Swr/E-218 Street Sweef,er Lease
62t.44
3,527.98
Total for this ACH Check for Vendor 43 58:
Total for Vendor 4358 (Lease Servicing Center Inc):
3,527.98
3,527.98
AP Checks by Date - Detail by V€ndor Number (1/2512024 8:35 AM) P^ge 14 Check No Vendor No
Invoice No
Vendor Nrme Check Drte
Rcference
CheckAmount
ACH 4363
6El107
68126?
681306
681421
Global Environmental Products
Swr/E-2I8 Brooms
S*T/E-218 Repairs
Swr/E-218 skate
Swr/E-2I 8 Repair Part
Total for this ACH Check for vendor 4363:
Total for Vendor 4363 (Gtobal EnviroEnental Products):
Enterpriso FM Trust
Wtr/Truck kase./Jan 2024
PWTruck t ease.dan 2024
Sdlruck L€as€Ian 2024
CC/Truck Lesse,/Jan 2024
PWTruck traseran 2024
PD/Truck t €ase/Jm 2024
PD/Truck Lesse/Jan 2024 nt
PD/Tmck Lease/Jan 2024lPrinc
Capital Leasef an 2024lPrinc
Capital Lease/Jan 2024lPrinc
Wtr/Truck Leaseflan 2024[nt
Wtr/Truck Leas€Aan 2024lPrinc
Total for this ACH Check for Vendor 4384:
Total for Vendor 4384 (Enteryrise FM Trust):
Valley Construction Supply
PWTools for Street Dept
PWIools for Saeet D€pt
Tolal fot tbis ACH Check for Vendor 4562:
Total for Vendor 4562 (Valley Construction Suppl9:
Linde Gas & Equipment lnc
Pwlndustrial Acetylene
Wtr/Industrial Acetylene
Total for lhis ACH chect for Vendor 4569:
Total for Verdor 4569 (Linde Gas & Equipment Inc):
Doug Mccombs Sand & Gravel
Stns/Edison Sand
Wtr/Edison Sand
Total for this ACH Che€k for Vendor 457t:
Total for Vendor 4578 @oug MoCombs Sand & Gravel):
SOLV Business Solutions
1,78t.69
1,053.60
869.93
t,256.28
4,968.50
ACH 4384
FBN4935847
F8N493584?-A
FBN4935 847-8
FBN4935 E47-C
FBN4935t47-D
FBN4935E4?-E
F8N4935847-F
FBN493s 847-G
FBN493 5E47.H
F8N4935E47-I
FBN4935 E4?-J
FBN4935 847-K
4,968.50
2,2t5.66
2,622.69
640.24
r,0E2.63
724.06
1,154.09
t 1E.96
|,147.25
|,t41.25
-t,147.25
[1.10
t,t45.99
10,959.2'l
ACH
10,969.27
253.31
83.55 4562
49@37
490396
4569
40t30342
40130142-A
336.86
208.30
E9.27
ACH
ACH 4588
ACH 4578
r2122D23
12122023-A
291.57
297.57
387.50
387.50
175.00
AP Checks by Date - Detail by Vendor Number (1D512024 8:35 lot!) Page 15 Check No Vendor No
Invoice No
Vendor Nrme Check D.te
Reference
Ch€ckAmount
435508 Fin/W-2 & I099 Forms and Env
Total for this ACH Check for Vendor 4588:
Toral for Vendor 4588 (SOLV Business Solutions):
HydroPro Soluiions
Wtr/Meters
Total for this ACH Check for Vendor 4629:
Total for Vendor 4629 (HydroPro Solutions):
Ten-West Towing, Inc.
PWTE-28 Tow to Yard
Total for this ACH Chcck for Vendor 464 I :
Total for Vehdor 4641 (Ten-West Towing, Inc.):
Brightvie* Landscape Services lrlc.
GGDec 2O2l Landscape Sewices
PWDec 2023 Landscap€ Services
PD/Dec 2023 I-andscape Se ices
Strts/Dec 2023 Landscape Services
Park&Rid€/Dec 2023 I-andscap€ S€rvices
RR D€poVDec 2023 Landscape Sewices
Freedom Plazra,/D€c 2023 Lardscape Services
S[r/Dec 2023 Lahdscape Services
AirlDec 2023 Landscap€ Servic€s
LLD-Tract 6062/Dec 2023 Landscape Seflices
LLD-TIarct 62l21Dec 2023 Landscape Services
LLDTract 5812 & 6215lD€c 2023 Landscape S'
LLD-Tract 62 I 6/Dec 2023 Landscape Services
LLD-Tract 5812/Dec 2023 Landscape Services
LLD-Tract 6360/Dec 2023 Landscape Sewices
LLD-PM 11353/Dec 2023 Landscape Services
LLD-PM I 22 I 9/Dec 2023 Landscape Sewices
Teh Bl-Valley.Curry,/Dec 2023 Landscape Servi(
Total for this ACH Check for Vendor 4645:
Total for Vendor 4645 (BrightView Landscape Services Inc.):
Kem County SheriffOffice
Cadet Range Training CRN #74326'74328/3298
Cadet Evoc Training CRN #14326 74328t32891
Total for this ACH Check for Vendor 4765:
Total for Vendor 4765 (Kem County SherifrOffice):
163.77
163.77
ACH 4629
0002428-IN
ACH 4641
2023-30542
ACH 4645
8700501
8700501-A
8700501-B
E700501-C
8700501-D
8700501-E
8700501-F
8700501-G
8700501-H
8700501-I
8?00501-J
8700501-K
8700501-L
8?00501-M
8700501-N
E700501-o
8700501-P
8700501-Q
4165
2023-28-l
2023-28-2
ACH 4770
202401-4102
NBS
AB 1600 Repon Fee
163.77
zt't.57
2t 7 .57
2t7.57
220.'t3
220.73
220.',73
755.00
1,661.00
191.00
r,509.00
55s.00
215.00
152.00
660.00
599.00
|,237.O0
689.00
2,996.O0
16,01?.00
1,953.00
59.00 255.00
201.00
1,164.00
30,868.00
ACH
30,868.00
700.00
1,200.00
1,900.00
1,900.00
930.00
AP Checks by Date - Detail by Vendor Number (l/25/2O24 8:35 AM) Page 16 CheckNo Vendor No
Invoice No
Vendor Name Check Date
Refcrence
CheckAmount
2024014102-A
2024014ro2-B
2024014102-c
20u0r-4102-D
ABl600 Rcport Fce
A8(600 Report Fee
A81600 Report Fee
A81600 Report Fee
Safety Netwo* Traffic Control Services
Wt/Traffic econtrol - Mi[ St t ek
Total for this ACH Check for Verdor 47?0:
Total for Vendor 4770 (l{BS):
930.00
930.00
930.00
930.00
4,650.00
ACH 4773
0008439?
4,650.00
6,036.10
Total for this ACH Check for Vendor 4773:
Total for Vsndor 4773 (Saf€ty Network Traffic Cortrol Services):
Report Total (70 checks):
6,036.10
6,036.10
5?5,5t8.67
AP Checks by Date - Detail by Vendo! Number (112512024 8135 1\N1) Page 17 Accounts Payable
Chects by Date - Detail byVendorNumber
Us€r: aft€sc8s
IDSDO24 8:37 AM
C ITY O F
CheckNo v€ldor No
Invoie No
Vetrdor Nrme
Dscripdon
fiTEJltSF,4f
Cloc:kD.t€
Rcfcr€ncc
A
ChlckAmount
ACH 0362
03953t5
0395598
0395?98
0396089
0396335
RSI Pctroleum Prcduct6
Pv,rru €.ded Gsd/Dies€l fu€l
PwruDkadod Grs
Pwrunhodd Cas
PWUalcadcd Gas
Plvrullcsded Gas
5,,t f5.05
3487.6s
3,752.22
\6s2.73
2,757.6r
To{d fof this AcH cbt fq vendor 0362:
Totrl fG V€n&r 0362 (RSI P€holeum &oduca);
Re"on TotEl (l ch€cks):
ta,@s26
It,@5.26
AP ChcceB by Drie - DGt il by VcrdorNunb€. (l/251824 437 ^M)
Page I
CITY OF
TEHACHAPI
CALIFORNIA
COUNCIL REPORTS
MEETING DATE: FEBRUARY 5,2024 AGENDA SECTION: AIRPORT
APPROVED
DEPARTMENT
CITY MANAGER:
TO HONORABLE MAYOR DAVIES AND COUNCIL MEMBERS
FROM: ASHLEY WHITMORE, AIRPORT MANAGER
DATE JANUARY 30,2024
SUBJECT: AERONAUTICAL HANGAR RENTAL AGREEMENT - HANGAR O7W
BACKGROUND
The City of Tehachapi owns hangar 07W located at the Tehachapi Municipal Airport and the current subleasee Dustin Mosher would like to continue to lease the hangar from the City. Mr. Mosher is requesting a new Aeronautical Hangar RentalAgreement with a term starting on February L,2024.
FISCAL IMPACT
Rental Payment:
54L4.OOlmonth
S+,968.00/ year
RECOMMENDATION
APPROVE THE AERONAUTICAL HANGAR RENTAL AGREEMENT FOR HANGAR O7W BETWEEN THE CITY OF
TEHACHAPI AND DUSTIN MOSHER
AERONAUTICAL HANGAR RENTAL AGREEMENT
(Tehachapi Airport Hangar 07W)
THIS LEASE AGREEMENT, hereinafter referred to as this "Agreement", is made and entered into this first day of February, 2024, by and between the CITY OF TEHACHAPI, hereinafter referred to as "Landlord", and Dustin Mosher, hereinafter referred to as "Tenant". !N CONSIDERATION OF THE MUTUAL COVENANTS CONTAINED HEREIN, THE PARTIES HERETO AGREE AS FOLLOWS:
1. PREMISES:
LANDLORD does hereby demise and lease to TENANT, and TENANT hereby hires from I-ANDLORD, 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 Hangar #07W.
2, TERM:
The term of this Agreement shall be from month to month, commencing on January 22,2024. Either party may terminate this Agreement at any time by giving thirty (30) days prior written notice to the other.
3. RENTALCONSIDERATION:
As and for rental, TENANT agrees to pay to LANDLORD, the sum of $414.00 per month payable in advance on the first day of each month commencing on February 1,2024. 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 commen@ment of the new calendar year. LANDLORD shall notify TENANT in writing of said rental increase/decrease prior to January 1. LANDLORD shall bill TENANT 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 13 and22.
1 of l-3
4, INTEREST:
lf the payments required herein are not paid afterthey become due, then, in addition to such sums, TENANT shall also pay interest at the rate of ten percent (10%) per month on the unpaid balance or portion thereof, until paid in full.
5. PURPOSE: NUISANGE:
(a) The demised premises shall only be used by the TENANT for aeronautical purposes permitted by the Federal Aviation Administration's (FAA) Hangar Use Policy, or locally adopted Hangar Use Policy, which may be updated from time to time. These uses include:
. 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;
o storing aircraft handling equipment, e.g., tow bar, glider tow equipment, workbenches, and tools and materials used to service, maintain, repair or outfit aircraft; items related to ancillary or incidental uses that do not affect the hangars' primary use;
o storing materials related to an aeronautical activity, e.g., balloon and skydiving equipment, office equipment, teaching tools, and materials related to ancillary or incidental uses that do not affect the hangars' primary use; o storirg non-aeronautical items that do not interfere with the primary aeronautical purpose of the hangar, e.9., televisions and furniture; or . parking a vehicle at the hangarwhile the aircraft usually stored in that hangar is flying, subject to local airport rules and regulations.
(b) TENANT 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. In the event any of TENANT'S uses are for commercial activities as determined by LANDLORD in its sole discretion, TENANT shall first obtain a business license from IANDLORD 2of13
prior to conducting any such commercial activity. Additionally, TENANT shall not permit any act or thing to be done upon the premises which constitutes a nuisance or which may disturb the quiet enjoyment of LANDLORD or any tenant of LANDLORD on adjacent or neighboring propefi.
TENANT shall abate or cure any non-permitted use or nuisance on the demised premises or for which TENANT is responsible within ten (10) days after written notice thereof from LANDLORD. ln the event TENANT has not taken corrective action within ten (10) days, LANDLORD may take any action necessary to abate or cure such condition at TENANT'S sole cost and expense, without further written notice and LANDLORD shall have no liability to TENANT 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 LANDLORD'S reasonable determination, a condition immediately hazardous to health or safety, LANDLORD may immediately, without written notice to TENANT, enter the premises to abate or cure the condition at TENANT'S sole cost and expense and LANDLORD wil! use its reasonable best efforts to limit the physical damage incuned to hangar or property to cure such condition.
(c) The demised premises shall not be used for residential purposes and neither TENANT nor any principal, employee, or representative of TENANT shall live or reside on the demised premises or any structure or hangar thereon nor shall TENANT allow the demised premises or any structure or hangar thereon to be used for living or residential purposes. The determination of whether someone is living or resided on the demised premises or structure thereon shall be made by the LANDLORD in its sole and absolute discretion.
6. CONDITION OF PREMISES:
TENANT 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.
7. SAFETY:
Any area that is within the control of the TENANT at the airport shall be kept clear of accumulation of oil, grease, fuel, trash and debris which are potential fire, environmental, or safety hazards, and TENANT shall comply with a!! local, state and federal laws, statutes, rules and regulations with regard thereto. LANDLORD shall maintain undeveloped grounds adjacent to demised property in a condition consistent with current city and county flre code.
8. ALTERATIONS:
3of13
TENANT shall not construct any improvements or make any alterations of any kind (whether permanent or othenrvise)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.
9. SIGNS:
TENANT 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 LANDLORD'S prior written consent thereof. TENANT further agrees to remove signs, displays, advertisements, or decorations it has placed or permitted to be placed on the premises, which, in LANDLORD'S opinion are offensive or othenrise objectionable. lf TENANT fails to remove such signs, displays, advertisements or decorations within ten (10) days after having received written notice to remove same from LANDLORD, LANDLORD reserves the right to re-enter the premises and remove them at TENANT'S expense.
10. UTILITY EXTENSION OR MODIFICATION:
TENANT shall pay any and all expenses that may be incurred in obtaining the extension of public utility services to the demised premises from existing facilities or any modification of same.
11. UTILITIES:
TENANT agrees to pay during the term of this Lease, or any holding over, all utilities used by TENANT. The term "utilities" as used herein shall include, but is not limited to, gas, electricity, water, sewer, telephone, and trash and refuse disposal service.
12. MAINTENANCE:
TENANT 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.
13. FAILURE TO REPAIR:
ln the event TENANT 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 LANDLORD, or in the event that TENANT fails, neglects or refuses to pursue said repair or maintenance work with reasonable diligence to completion, LANDLORD 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 4of13
as a charge to TENANT. lf such repair is determined by the TENANT to be economically unfeasible, either party shall have the option of terminating the agreement with TENANT, and at TENANT'S cost, returning the demised propefi to its original pre-agreement condition. 14, COMPLIANCE WITH LAW:
TENANT 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.
15. RIGHT OF INSPECTION:
LANDLORD shall have the right to enter upon the demised premises at all reasonable times to inspect the premises and TENANT'S operations thereon. LANDLORD reserves all rights in and with respect to the premises, not inconsistent with TENANT'S use of the premises as in the Lease provided, including (without limiting the generality of the foregoing) the right of LANDLORD 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 LANDLORD 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. LANDLORD shall compensate TENANT for any and alt damage to TENANT'S improvements and personal property caused by the exercise of the rights reserved in this paragraph.
16. INDEMNIFICATION:
TENANT agreesto indemnify, defend (upon request bythe LANDLORD)and save harmless the LANDLORD, 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 TENANT'S use, occupancy and/or operation of the demised premises during the term of this Lease or any holding over, and (b) the construction or the removal of any facilities or improvements on the demised premises during the term of this Lease or any holding over.
17. WORKERS COMPENSATION:
TENANT 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 5of13
LANDLORD from any and all liability hereunder.
18. LIABILITYINSURANCE:
TENANT, in order to protect LANDLORD, its agents, officers and employees, against all claims and liability for death, injury, loss, and damage as a result of TENANT'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 TENANT'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 LANDLORD, Council persons, agents, officers, and employees as additional insured; and
(b) shall be primary insurance as regards any other valid and collectible insurance LANDLORD possesses, and any other insurance that LANDLORD 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 LANDLORD.
Within ten (10) days from the date of the Lease, TENANT shall file with the City Manager a duly certified Certificate of !nsurance 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 LANDLORD, its councilpersons, agents, officers, and employees are named as additional insured. ln the event that TENANT shall fail to obtain or thereafter maintain such policies or to furnish evidence thereof to LANDLORD, LANDLORD may, in LANDLORD'S sole discretion, (1) procure the same, pay the premium therefore, and collect same with the next payment of rental due from TENANT, or (2) terminate this Lease pursuant to Paragraph 26 hereof.
19. TAXES AND ASSESSMENTS:
TENANT agrees to pay all taxes and/or assessments levied by any govemmental agency upon any interest acquired by TENANT under the terms of this Lease. Providing further, that TENANT is aware that certain possessory interests may be created by entering into this Lease 6 of 13
and that TENANT will be subject to the payment of propefi taxes levied on such interests.
20. 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 LANDLORD and the United States relative to the development, operation or maintenance of the Airport.
21. AERONAUTICAL RESTRICTIONS:
(a) There is hereby reserved to LANDLORD 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 sha!! include the right to cause in said air space any noise inherent in the lawful operation of any aircraft used for navigation or flight through the said air space or landing at, taking off from, or operation on the Tehachapi Airport. (b) TENANT 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 5 (b) to abate the nuisance and City shall have all other rights and remedies available at law or in equity. (c) TENANT shall not make use of the demised premises in any manner, which might interfere with laMul air navigation and communication, the landing or taking off of aircraft from Tehachapi Airport, or otherwise constitute an airport hazard. In the event the aforesaid covenant is breached, LANDLORD reserves the right to enter on the demised premises and cause the abatement of such interference at the expense of TENANT. (d) LANDLORD 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 TENANT, and without interference or hindrance.
(e) LANDLORD reserves the right, but shall not be obligated to TENANT, to maintain and keep in repair the landing area at the Tehachapi Airport and all publicly owned facilities at the airport, together with the right to direct and control all activities of the TENANT in this regard. Provided, however, that in the event of the taxiways or runways at the airport are 7 of l-3
determined to be unfit for aeronautical use by the FAA or by LANDLORD or by the Aeronautical Division of the Califomia Department of Transportation, or the airport ceases to be operated as an airport, then this Lease may be terminated by TENANT, at its option, by its giving of at least thifi (30)days written notice thereof LANDLORD.
(0 Nothing herein contained sha!! be construed to grant or authorize the granting of an exclusive right within the meaning of Section 308 of the Federal Aviation Act. 22, SUBLETTING:
(a) TENANT shall not assign this Lease or sublet the premises, or any part thereof, without the prior written consent of the LANDLORD, which consent shall not be unreasonably withheld but may be reasonably conditioned to include but not be limited to the following:
(i) Any assignment or sublease shall be in writing and shall provide that the assignee or subleasee shall agree to and be bound by a!! of the terms and conditions of the Lease; (ii) The assignee or SUBLEASEE 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 18, liability lnsurance, with respect to any aircraft hangared on the premises that are owned by SUBLEASEE or assignee or other third party; and (iii) A rental adjustment, which shall be, based on the rental then in effect by LANDLORD for new aeronauticalground 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 LANDLORD may, at its option, by written notice to the TENANT, either (1) declare such sublease, assignment, transfer, mortgage, or other conveyance void, or (2) terminate this Lease and all rights and interest of TENANT and al! other persons hereunder pursuant to Paragraph 26. Any consent by the LANDLORD 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 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.
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23, RIGHT OF INGRESS AND EGRESS:
TENANT shall have the reasonable right-of-way over property owned and controlled by LANDLORD for ingress thereto and egress there from for pedestrian, vehicular, and air travel, together with the right to use in common with other TENANT'S or licenses or LANDLORD 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 LANDLORD 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.
24. BANKRUPTGY:
ln the event that (a) TENANT shallfile 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 TENANT shall be instituted by anyone other than TENANT 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 TENANT, or any lien or any writ of attachment, gamishment, execution or distrait shall be levied upon any TENANT'S rights or interest under this Lease; or (d) there shall be any other assignment of any TENANT'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, LANDLORD may, at its option by written notice to TENANT, terminate this Lease and all rights and interest of TENANT and all other persons under this Lease. The term "TENANT", as used in this paragraph, includes any individual, partnership, or corporation who is a TENANT hereunder, even though several individuals, partnership, or corporations are such, and includes each partner of any partnership, which is TENANT hereunder.
25, WAIVER OF BREACH:
The waiver by LANDLORD of any breach by TENANT of any provision contained herein shall not be deemed to be a continuing waiver of such provision, or a waiver of any other prior of subsequent breach thereof, or a waiver or any breach of any other provisions contained herein.
26. BREACH:
(a) ln the event of a breach by TENANT of any term, condition, or agreement 9 of l-3
herein contained, TENANT shall have 30 days to cure the breach after written notice has been given to TENANT by LANDLORD, provided however that if any such breach cannot be reasonably cured within 30 days of such notice, then TENANT shall have commenced reasonable efforts to cure same within said period. ln the event of TENANT'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 TENANT shall immediately surrender to LANDLORD possession of the premises, and in addition to all other remedies available to LANDLORD hereunder or at law or equity, LANDLORD shall have the remedies either to remove the lmprovements on the premises at the expense of TENANT or to retain the lmprovements and to thereafter be the sole and exclusive owner of same. Notwithstanding the foregoing, in the event TENANT allows a nuisance to exist on the premises as described in Paragraph 5 of this Lease, TENANT shallabate the nuisance as required therein and nothing herein shall be deemed to waive or modify the requirements and remedies described in Paragraph 5. Providing further, that in the event TENANT breaches this Lease and abandons the property before the end of the term, if TENANT'S right to possession is terminated by LANDLORD because of breach of this Lease, LANDLORD shall have the right to recover damages from TENANT as provided in the State of California Civil Code Section 1951.2.
(b) ln the event of a breach by LANDLORD of any term, condition, or agreement herein contained, that deprives TENANT 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 5 hereof, or of its rights of ingress and egress described in Paragraph 23 hereof, TENANT shall not be obligated to LANDLORD for any rental payments otherwise due and payable for the period of such breach. 27, NEGATION OF PARTNERSHIP:
LANDLORD shall not become or be deemed a partner or joint venture with TENANT or in any other relationship with TENANT other than that of landlord and tenant by reason of the provisions of this Lease nor shall TENANT for any purpose be considered an agent, officer, or employee of LANDLORD.
28. SURRENDER OF PREMISES:
On the last day of the term, or extension thereof, or sooner termination of this Lease, and subject to the rights and remedies of LANDLORD and TENANT described in Paragraph 13 hereof, TENANT shall peaceably and quietly leave, sunender and yield up to the LANDLORD the 10 of 13
demised premises in as good condition and repair as at the commencement of TENANT'S occupancy, reasonable wear and tear thereof excepted.
29. 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.
30. VENUE AND GOVERNING LAW:
This agreement is made, entered into and is to be performed in Kern County, California. This Lease shall be governed by and construed in accordance with the laws of the State of Califomia.
31. COVENANTS AND CONDITIONS:
Each provision of this Lease performable by TENANT shall be deemed both a covenant and a condition.
32. 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.
33. SEVERABILITY:
lf any provision of this Lease is determined by a Court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall in no way be affected thereby and same shall remain in fullforce and effect.
34. AUTHORIZED AGENT OF LANDLORD:
The City Manager of the City of Tehachapi is the duly authorized agent of LANDLORD for purposes of this Lease, and as to any obligations assumed herein by TENANT, they shall be performed to the satisfaction of the City Manager.
35. NOTICES:
All notices required or permitted under this Agreement or at law shall be deemed to be given when personally served on the party to be noticed or when deposited in the United States mail, Registered or Certified, postage prepaid and addressed as follows:
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TO LANDLORD: City Manager
City of Tehachapi
115 South Robinson Street
Tehachapi, CA 93561
TO TENANT: Dustin Moser
542 East E Street
Tehachapi, CA 93561
714 349 0549
[email protected]
Any pafi may change its or their address by providing notice of same in the manner herein prescribed.
36. BINDING:
This Lease shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, successors, and assigns.
37, 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.
38. AMENDMENTS:
This Lease may not be altered, amended, or modified except by a writing executed by duly authorized representatives of all parties.
39. 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 pafi shall be entitled to its reasonable attorney's fees and actual costs.
40. RECORDATION:
TENANT acknowledges its understanding that the law of the State of California authorizes LANDLORD to record this Lease or a memorandum of same. In that regard, TENANT agrees to execute a memorandum of this Lease for the purposes of recordation in such reasonable form and content as may be proposed by LANDLORD.
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41. COUNTERPARTS:
This Lease may be executed in counterparts and the respective signature pages for each party may thereafter be attached to the body of this Lease to constitute one integrated agreement which is as fully effective and binding as if the entire Lease had been signed at one time.
lN WITNESS WHEREOF, the parties have hereunto set their hands the day and year first above written.
LANDLORD: TENANT:
CITY OF TEHACHAPI DUSTIN MOSHER
By:
Michael Davies
Mayor
City of Tehachapi, California
Aircraft:
N19BBV Cessna L20
Dustin Mosher
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W
CITY OF
TEHACHAPI
CALIFORNIA
COUNCIL REPORTS
MEETING DATE: FEBRUARY 5,2024 AGENDA SECTION: AIRPORT
APPRovED
/
DEPARTMENT Hdo, ]
crrY MANAGE -{n
TO: HONORABLE MAYOR DAVIES AND COUNCIL MEMBERS
FROM: ASHLEY WHITMORE, AIRPORT MANAGER
DATE: JANUARY 30,2024
SUBJECT: AERONAUTICAL HANGAR RENTAL AGREEMENT _ HANGAR OgW
BACKGROUND
The City of Tehachapi owns hangar 09W located at the Tehachapi Municipal Airport and the current subleasee Jake Riley would like to continue to lease the hangar from the City. Mr. Riley is requesting a new Aeronautical Hangar Rental Agreement with a term starting on February 7,2024.
FISCAL IMPACT
Rental Payment:
57.207.501 month
St4,49o.oo/ year
RECOMMENDATION
APPROVE THE AERONAUTICAL HANGAR RENTAT AGREEMENT FOR HANGAR OgW BETWEEN THE CITY OF
TEHACHAPI AND JAKE RILEY
AERONAUTICAL HANGAR RENTAL AGREEMENT
(Tehachapi Airport Hangar 09VU
THIS LEASE AGREEMENT, hereinafter referred to as this "Agreement", is made and entered into this first day of February, 2024, by and between the CITY OF TEHACHAPI, hereinafter referred to as "Landlord", and Jake Riley, hereinafter referred to as "Tenant". !N CONSIDERATION OF THE MUTUAL COVENANTS CONTAINED HEREIN, THE PARTIES HERETO AGREE AS FOLLOWS:
1. PREMISES:
LANDLORD does hereby demise and lease to TENANT, and TENANT hereby hires from LANDLORD, 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 Hangar #09W.
2. TERM:
The term of this Agreement shall be from month to month, commencing on January 22,2024. Either party may terminate this Agreement at any time by giving thirty (30) days prior written notice to the other.
3. RENTAL CONSIDERATION:
As and for rental, TENANT agrees to pay to IANDLORD, the sum of $1,207.50 per month payable in advance on the first day of each month commencing on February 1 ,2024. 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. LANDLORD shall notiff TENANT in writing of said rental increase/decrease prior to January 1. LANDLORD shall bill TENANT 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 13 and 22.
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4, INTEREST:
lf the payments required herein are not paid afterthey become due, then, in addition to such sums, TENANT shall also pay interest at the rate of ten percent (10%) per month on the unpaid balance or portion thereof, until paid in full.
5. PURPOSE: NUISANCE:
(a) The demised premises shall only be used by the TENANT for aeronautical purposes permitted by the Federal Aviation Administration's (FAA) Hangar Use Policy, or locally adopted Hangar Use Policy, which may be updated from time to time. These uses include:
o storing active aircraft;
o 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, e.9., 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;
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' primary use; o 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 atthe hangarwhile the aircraft usually stored in that hangar is flying, subject to local airport rules and regulations.
(b) TENANT 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 TENANT'S uses are for commercial activities as determined by LANDLORD in its sole discretion, TENANT shall first obtain a business license from IANDLORD 2of13
prior to conducting any such commercial activity. Additionally, TENANT shall not permit any act or thing to be done upon the premises which constitutes a nuisance or which may disturb the quiet enjoyment of IANDLORD or any tenant of IANDLORD on adjacent or neighboring property.
TENANT shall abate or cure any non-permitted use or nuisance on the demised premises or for which TENANT is responsible within ten (10) days afterwritten notice thereof from IANDLORD. ln the event TENANT has not taken corrective action within ten (10) days, LANDLORD may take any action necessary to abate or cure such condition at TENANT'S sole cost and expense, without further written notice and I-ANDLORD shall have no liability to TENANT 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 IANDLORD'S reasonable determination, a condition immediately hazardous to health or safety, LANDLORD may immediately, without written notice to TENANT, enter the premises to abate or cure the condition at TENANT'S sole cost and expense and IANDLORD will use its reasonable best efforts to limit the physical damage incurred to hangar or property to cure such condition.
(c) The demised premises shall not be used for residential purposes and neitherTENANT nor any principal, employee, or representative of TENANT shall live or reside on the demised premises or any structure or hangar thereon nor shall TENANT allow the demised premises or any structure or hangar thereon to be used for living or residential purposes. The determination of whether someone is living or resided on the demised premises or structure thereon shall be made by the LANDLORD in its sole and absolute discretion.
6. CONDITION OF PREMISES:
TENANT 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.
7. SAFETY:
Any area that is within the control of the TENANT at the airport shall be kept clear of accumulation of oil, grease, fuel, trash and debris which are potential fire, environmental, or safety hazards, and TENANT shall comply with all local, state and federal laws, statutes, rules and regulations with regard thereto. LANDLORD shall maintain undeveloped grounds adjacent to demised property in a condition consistent with current city and county fire code.
8. ALTERATIONS:
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TENANT 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.
9. SIGNS:
TENANT 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 TANDLORD'S prior written consent thereof. TENANT further agrees to remove signs, displays, advertisements, or decorations it has placed or permitted to be placed on the premises, which, in LANDLORD'S opinion are offensive or otherwise objectionable. lf TENANT fails to remove such signs, displays, advertisements or decorations within ten (10) days after having received written notice to remove same from IANDLORD, LANDLORD reserves the rightto re-enterthe premises and remove them at TENANT'S expense.
10 UTILITY EXTEN OR MODIFICATION:
TENANT shall pay any and all expenses that may be incurred in obtaining the extension of public utility services to the demised premises from existing facilities or any modification of same.
11. UTILITIES:
TENANT agrees to pay during the term of this Lease, or any holding over, all utilities used by TENANT. The term "utilities" as used herein shall include, but is not limited to, gas, electricity, water, sewer, telephone, and trash and refuse disposal service.
12. MAINTENANCE:
TENANT 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.
13. FAILURE TO REPAIR:
ln the event TENANT 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 I-ANDLORD, or in the event that TENANT fails, neglects or refuses to pursue said repair or maintenance work with reasonable diligence to completion, IANDLORD 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 4of13
as a charge to TENANT. lf such repair is determined by the TENANT to be economically unfeasible, either party shall have the option of terminating the agreement with TENANT, and at TENANT'S cost, returning the demised property to its original pre-agreement condition.
14. COMPLIANCE WITH LAW:
TENANT 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.
15. RIGHT OF INSPECTION:
LANDLORD shall have the right to enter upon the demised premises at all reasonable times to inspect the premises and TENANT'S operations thereon. LANDLORD reserves all rights in and with respect to the premises, not inconsistent with TENANT'S use of the premises as in the Lease provided, including (without limiting the generality of the foregoing) the right of IANDLORD 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 cpnduits or lines as I-ANDLORD may deem desirable in connection with the development or use of the demised premises or any other propefi on the airport or in the neighborhood of the premises. IANDLORD shall compensate TENANT for any and all damage to TENANT'S improvements and personal property caused by the exercise of the rights reserved in this paragraph.
16. INDEMNIFIGATION:
TENANT agrees to indemniff, defend (upon request by the LANDLORD) and save harmless the IANDLORD, 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 TENANT'S use, occupancy and/or operation of the demised premises during the term of this Lease or any holding over, and (b) the construction or the removal of any facilities or improvements on the demised premises during the term of this Lease or any holding over.
17. WORKERS COMPENSATION:
TENANT agrees to observe and obey the Workers' Compensation Act of the State of California as from time to time amended, and will indemniff and save and hold harmless 5of13
LANDLORD from any and al! liability hereunder
18. LIABILITY INSURANCE:
TENANT, in order to protect LANDLORD, its agents, officers and employees, against all claims and liability for death, injury, loss, and damage as a result of TENANT'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 TENANT'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 LANDLORD, Councilpersons, agents, officers, and employees as additional insured; and
(b) shall be primary insurance as regards any other valid and collectible insurance LANDLORD possesses, and any other insurance that I-ANDLORD 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 IANDLORD.
Within ten (10) days from the date of the Lease, TENANT shall file with the City Manager a duly certified Certificate of Insurance 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 LANDLORD, its councilpersons, agents, officers, and employees are named as additional insured. ln the event that TENANT shall fail to obtain or thereafter maintain such policies or to furnish evidence thereof to IANDLORD, LANDLORD may, in LANDLORD'S sole discretion, (1) procure the same, pay the premium therefore, and collect same with the next payment of rental due from TENANT, or (2) terminate this Lease pursuant to Paragraph 26 hereof.
19. TAXES AND ASSESSMENTS:
TENANT agrees to pay all taxes and/or assessments levied by any governmental agency upon any interest acquired by TENANT under the terms of this Lease. Providing further, that TENANT is aware that certain possessory interests may be created by entering into this Lease 6 of 13
and that TENANT will be subject to the payment of property taxes levied on such interests
20. 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 LANDLORD and the United States relative to the development, operation or maintenance of the Airport.
21. AERONAUTICAL RESTRICTIONS:
(a) There is hereby reserved to IANDLORD 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 lawful 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) TENANT 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 5 (b) to abate the nuisance and City shall have all other rights and remedies available at law or in equity. (c) TENANT shall not make use of the demised premises in any manner, which might interfere with laMul air navigation and communication, the landing or taking off of aircraft from Tehachapi Airport, or otherwise constitute an airport hazard. In the event the aforesaid covenant is breached, LANDLORD reserves the right to enter on the demised premises and cause the abatement of such interference at the expense of TENANT. (d) LANDLORD 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 TENANT, and without interference or h ind rance.
(e) LANDLORD reserves the right, but shall not be obligated to TENANT, to maintain and keep in repair the landing area at the Tehachapi Airport and all publicly owned facilities at the airport, together with the right to direct and control all activities of the TENANT in this regard. Provided, however, that in the event of the taxiways or runways at the airport are 1 of 13
determined to be unfit for aeronautical use by the FAA or by IANDLORD 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 TENANT, at its option, by its giving of at least thirty (30) days written notice thereof LANDLORD.
(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.
22. SUBLETTING:
(a) TENANT shall not assign this Lease or sublet the premises, or any part thereof, without the prior written consent of the LANDLORD, which consent shall not be unreasonably withheld but may be reasonably conditioned to include but not be limited to the following:
(i) Any assignment or sublease shall be in writing and shall provide that the assignee or subleasee shall agree to and be bound by all of the terms and conditions of the Lease; (ii) The assignee or SUBLEASEE 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 18, liabili$ lnsurance, with respect to any aircraft hangared on the premises that are owned by SUBLEASEE or assignee or other third party; and (iii) A rental adjustment, which shall be, based on the rentalthen in effect by LANDLORD for new aeronauticalground 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 LANDLORD may, at its option, by written notice to the TENANT, either (1) declare such sublease, assignment, transfer, mortgage, or other conveyance void, or (2) terminate this Lease and all rights and interest of TENANT and all other persons hereunder pursuant to Paragraph 26. Any consent by the LANDLORD 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 underthis Lease or at law or in equity and the exercise of any 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.
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23. RIGHT OF INGRESS AND EGRESS:
TENANT shall have the reasonable right-of-way over property owned and controlled by IANDLORD for ingress thereto and egress there from for pedestrian, vehicular, and air travel, together with the right to use in common with other TENANT'S or licenses or I-ANDLORD the airplane landing field adjacentto 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 LANDLORD 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.
24, BANKRUPTCY:
ln the event that (a) TENANT shallfile 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 TENANT shall be instituted by anyone other than TENANT 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 TENANT, or any Iien or any writ of attachment, gamishment, execution or distrait shall be levied upon any TENANT'S rights or interest under this Lease; or (d) there shall be any other assignment of any TENANT'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, LANDLORD may, at its option by written notice to TENANT, terminate this Lease and all rights and interest of TENANT and all other persons under this Lease. The term "TENANT', as used in this paragraph, includes any individual, partnership, or corporation who is a TENANT hereunder, even though several individuals, partnership, or corporations are such, and includes each partner of any partnership, which is TENANT hereunder.
25. WAIVER OF BREACH:
The waiver by IANDLORD of any breach by TENANT of any provision contained herein shall not be deemed to be a continuing waiver of such provision, or a waiver of any other prior of subsequent breach thereof, or a waiver or any breach of any other provisions contained herein.
26. BREAGH:
(a) ln the event of a breach by TENANT of any term, condition, or agreement 9of13
herein contained, TENANT shall have 30 days to cure the breach after written notice has been given to TENANT by IANDLORD, provided however that if any such breach cannot be reasonably cured within 30 days of such notice, then TENANT shall have commenced reasonable efforts to cure same within said period. ln the event of TENANT'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 TENANT shall immediately surrender to LANDLORD possession of the premises, and in addition to all other remedies available to IANDLORD hereunder or at law or equity, LANDLORD shall have the remedies either to remove the lmprovements on the premises at the expense of TENANT or to retain the lmprovements and to thereafter be the sole and exclusive owner of same. Notwithstanding the foregoing, in the event TENANT allows a nuisance to exist on the premises as described in Paragraph 5 of this Lease, TENANT shall abate the nuisance as required therein and nothing herein shall be deemed to waive or modifo the requirements and remedies described in Paragraph 5. Providing further, that in the event TENANT breaches this Lease and abandons the property before the end of the term, if TENANT'S right to possession is terminated by LANDLORD because of breach of this Lease, LANDLORD shall have the right to recover damages from TENANT as provided in the State of California Civil Code Section 1951.2.
(b) ln the event of a breach by LANDLORD of any term, condition, or agreement herein contained, that deprives TENANT 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 5 hereof, or of its rights of ingress and egress described in Paragraph 23 hereof, TENANT shall not be obligated to LANDLORD for any rental payments otherwise due and payable for the period of such breach.
27. NEGATION OF PARTNERSHIP:
LANDLORD shall not become or be deemed a partner or joint venture with TENANT or in any other relationship with TENANT other than that of landlord and tenant by reason of the provisions of this Lease nor shall TENANT for any purpose be considered an agent, officer, or employee of IANDLORD.
28. SURRENDER OF PREMISES:
On the last day of the term, or extension thereof, or sooner termination of this Lease, and subject to the rights and remedies of LANDLORD and TENANT described in Paragraph 13 hereof, TENANT shall peaceably and quietly leave, surrender and yield up to the LANDLORD the 10 of 13
demised premises in as good condition and repair as at the commencement of TENANT'S occupancy, reasonable wear and tear thereof excepted.
29. 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.
30. VENUE AND GOVERNING LAW:
This agreement is made, entered into and is to be performed in Kern County, California. This Lease shall be governed by and construed in accordance with the laws of the State of California.
31. COVENANTS AND CONDITIONS:
Each provision of this Lease performable by TENANT shall be deemed both a covenant and a condition.
32. 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.
33. SEVERABILITY:
lf any provision of this Lease is determined by a Court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall in no way be affected thereby and same shall remain in fullforce and effect.
34. AUTHORIZED AGENT OF LANDLORD:
The City Manager of the City of Tehachapi is the duly authorized agent of LANDLORD for purposes of this Lease, and as to any obligations assumed herein by TENANT, they shall be performed to the satisfaction of the City Manager.
35. 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 as follows:
1-l- of 13
TO LANDLORD: City Manager
City of Tehachapi
115 South Robinson Street
Tehachapi, CA 93561
TO TENANT: Jake Riley
21901 Fig Ct
Tehachapi, CA 93561
917-620-3863
Jakeriley2 5 [email protected]
Any party may change its or their address by providing notice of same in the manner herein prescribed.
36. BINDING:
This Lease shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, successors, and assigns.
37. 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.
38. AMENDMENTS:
This Lease may not be altered, amended, or modified except by a writing executed by duly authorized representatives of all parties.
39. 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.
40. RECORDATION:
TENANT acknowledges its understanding that the law of the State of California authorizes LANDLORD to record this Lease or a memorandum of same. ln that regard, TENANT agrees to execute a memorandum of this Lease forthe purposes of recordation in such reasonable form and content as may be proposed by LANDLORD.
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41. 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.
IN WTNESS WHEREOF, the parties have hereunto set their hands the day and year first above written.
LANDLORD: TENANT:
CITY OF TEHACHAPI JAKE RILEY
By By
Michael Davies
Mayor
City of Tehachapi, California
Jake Riley
Aircraft:
Project Aircraft
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CITY OF
TEHACHAPI
CALIFORNIA
COUNCIL REPORTS
MEETING DATE: FEBRUARY 5,2024 AGENDA SECTION: AIRPORT
APPROVED
DEPARTMENT
CITY
TO: HONORABLE MAYOR DAVIES AND COUNCIL MEMBERS
FROM: ASHLEY WHITMORE, AIRPORT MANAGER
DATE: JANUARY 30,2024
SUBJECT: AERONAUTICAL HANGAR RENTAL AGREEMENT - HANGAR O8W
BACKGROUND
The City of Tehachapiowns hangar 08W located at the Tehachapi MunicipalAirport and the current subleasee John P O'Dell would like to continue to lease the hangar from the City. Mr. O'Dell is requesting a new Aeronautical Hangar RentalAgreement with a term starting on February L,2024.
FISCAL IMPACT
Rental Payment:
5447.L21 month
S5,36s.++/ year
RECOMMENDATION
APPROVE THE AERONAUTICAL HANGAR RENTAL AGREEMENT FOR HANGAR O8W BETWEEN THE CIW OF
TEHACHAPI AND JOHN P O,DELL
AERONAUTICAL HANGAR RENTAL AGREEMENT
(Tehachapi Airport Hangar 08W)
THIS LEASE AGREEMENT, hereinafter referred to as this "Agreement", is made and entered into this first day of February, 2024, by and between the CITY OF TEHACHAPI, hereinafter referred to as "Landlord", and John P O'Dell, hereinafter referred to as "Tenant".
IN CONSIDERATION OF THE MUTUAL COVENANTS CONTAINED HEREIN, THE PARTIES HERETO AGREE AS FOLLOWS:
1. PREMISES:
LANDLORD does hereby demise and lease to TENANT, and TENANT hereby hires from LANDLORD, those certain premises situated in the City of Tehachapi, County of Kern, State of Califomia, hereinafter referred to as the "premises" or "demised premises", and more particularly Hangar#08W.
2. TERM:
The term of this Agreement shall be from month to month, commencing on January 22,2024. Either party may terminate this Agreement at any time by giving thirty (30) days prior written notice to the other.
3. RENTALCONSIDERATION:
As and for rental, TENANT agrees to pay to LANDLORD, the sum of V47.12 per month payable in advance on the first day of each month commencing on February 1,2024. 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 Index published immediately preceding the commencement of the new calendar year. LANDLORD shall notify TENANT in writing of said rental increase/decrease prior to January 1. LANDLORD shall bill TENANT 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 13 and 22-
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4, INTEREST:
lf the payments required herein are not paid after they become due, then, in addition to such sums, TENANT shall also pay interest at the rate of ten percent (10%) per month on the unpaid balance or portion thereof, until paid in full.
5. PURPOSE: NUISANCE:
(a) The demised premises shall only be used by the TENANT for aeronautical purposes permitted by the Federal Aviation Administration's (FAA) Hangar Use Policy, or locally adopted Hangar Use Policy, which may be updated from time to time. These uses include:
o storing active aircraft;
o 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;
o storing aircraft handling equipment, e.g., tow bar, glider tow equipment, workbenches, and tools and materials used to service, maintain, repair or outfit aircraft; items related to ancillary or incidental uses that do not affect the hangars' primary use;
. storing materials related to an aeronautical activity, e.g., balloon and skydiving equipment, office equipment, teaching tools, and materials related to ancillary or incidental uses that do not affect the hangars' primary use; . storing non-aeronautical items that do not interfere with the primary aeronautical purpose of the hangar, e.9., televisions and furniture; or o parking a vehicle at the hangarwhile the aircraft usualty stored in that hangar is flying, subject to local airport rules and regulations.
(b) TENANT 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{o-time, or locally adopted hangar use policy, if any, and as adopted or amended from time-to-time hereafter, which is incorporated herein bythis reference. ln the event any of TENANT'S uses are for commercial activities as determined by LANDLORD in its sole discretion, TENANT shallfirst obtain a business license from IANDLORD 2 of 13
priorto conducting any such commercial activity. Additionally, TENANT shall not permit any act or thing to be done upon the premises which constitutes a nuisance or which may disturb the quiet enjoyment of LANDLORD or any tenant of LANDLORD on adjacent or neighboring propefi.
TENANT shall abate or cure any non-permitted use or nuisance on the demised premises or for which TENANT is responsible within ten (10)days afterwritten notice thereof from LANDLORD. ln the event TENANT has not taken corrective action within ten (10) days, LANDLORD may take any action necessary to abate or cure such condition at TENANT'S sole cost and expense, without further written notice and IANDLORD shall have no liability to TENANT 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 LANDLORD'S reasonable determination, a condition immediately hazardous to health or safety, LANDLORD may immediately, without written notice to TENANT, enter the premises to abate or cure the condition at TENANT'S sole cost and expense and LANDLORD will use its reasonable best efforts to limit the physical damage incuned to hangar or property to cure such condition.
(c) The demised premises shall not be used for residential purposes and neitherTENANT nor any principal, employee, or representative of TENANT shall live or reside on the demised premises or any structure or hangar thereon nor shall TENANT allow the demised premises or any structure or hangar thereon to be used for living or residential purposes. The determination of whether someone is living or resided on the demised premises or structure thereon shall be made by the LANDLORD in its sole and absolute discretion.
6. CONDITION OF PREMISES:
TENANT 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.
7. SAFETY:
Any area that is within the control of the TENANT at the airport shall be kept clear of accumulation of oil, grease, fuel, trash and debris which are potential fire, environmental, or safety hazards, and TENANT shall comply with all local, state and federal laws, statutes, rules and regulations with regard thereto. LANDLORD shall maintain undeveloped grounds adjacent to demised property in a condition consistent with cunent city and county fire code.
8. ALTERATIONS:
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TENANT shall not construct any improvements or make any alterations of any kind (whether permanent or othenryise) 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.
9. SIGNS:
TENANT 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 LANDLORD'S prior written consent thereof. TENANT further agrees to remove signs, displays, advertisements, or decorations it has placed or permitted to be placed on the premises, which, in LANDLORD'S opinion are offensive or othenrise objectionable. lf TENANT fails to remove such signs, displays, advertisements or decorations within ten (10) days after having received written notice to remove same from LANDLORD, LANDLORD reserves the right to re-enter the premises and remove them at TENANT'S expense.
10. UTILITY EXTENSION OR MODIFTCATION:
TENANT shall pay any and all expenses that may be incurred in obtaining the extension of public utility services to the demised premises from existing facilities or any modification of same.
11. UTILITIES:
TENANT agrees to pay during the term of this Lease, or any holding over, all utilities used by TENANT. The term "utilities" as used herein shall include, but is not limited to, gas, electricity, water, sewer, telephone, and trash and refuse disposal service.
12. MAINTENANCE:
TENANT 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.
13. FAILURE TO REPAIR:
ln the event TENANT 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 LANDLORD, or in the event that TENANT fails, neglects or refuses to pursue said repair or maintenance work with reasonable diligence to completion, LANDLORD 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 4 of 13
as a charge to TENANT. !f such repair is determined by the TENANT to be economically unfeasible, either party shall have the option of terminating the agreement with TENANT, and at TENANT'S cost, retuming the demised property to its original pre-agreement condition.
14. GOMPLIANCE WITH LAW:
TENANT 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 govemments which may in any way apply to the use, maintenance, or occupation of, or operations on the demised property.
15. RIGHT OF INSPEGTION:
LANDLORD shall have the right to enter upon the demised premises at all reasonable times to inspect the premises and TENANT'S operations thereon. LANDLORD reserves all rights in and with respect to the premises, not inconsistent with TENANT'S use of the premises as in the Lease provided, including (without limiting the generality of the foregoing) the right of LANDLORD 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 LANDLORD 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. LANDLORD shall compensate TENANT for any and all damage to TENANT'S improvements and personal property caused by the exercise of the rights reserved in this paragraph.
16. INDEMNIFICATION:
TENANT agrees to indemnify, defend (upon request by the LANDLORD) and save harmless the LANDLORD, 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 TENANT'S use, occupancy and/or operation of the demised premises during the term of this Lease or any holding over, and (b) the construction or the removal of any facilities or improvements on the demised premises during the term of this Lease or any holding over. 17, WORKERS COMPENSATION:
TENANT agrees to observe and obey the Workers' Compensation Act of the State of Califomia as from time to time amended, and will indemnify and save and hold harmless 5of13
LANDLORD from any and all liability hereunder.
18. LIABILITYINSURANCE:
TENANT, in order to protect LANDLORD, its agents, officers and employees, against all claims and liability for death, injury, loss, and damage as a result of TENANT'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 TENANT'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 LANDLORD, Councilpersons, agents, officers, and employees as additional insured; and
(b) shall be primary insurance as regards any other valid and collectible insurance LANDLORD possesses, and any other insurance that LANDLORD 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 LANDLORD.
Within ten (10) days from the date of the Lease, TENANT 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 LANDLORD, its councilpersons, agents, officers, and employees are named as additional insured. ln the event that TENANT shall fail to obtain or thereafter maintain such policies or to fumish evidence thereof to LANDLORD, LANDLORD may, in LANDLORD'S sole discretion, (1)procure the same, pay the premium therefore, and collect same with the next payment of rental due from TENANT, or (2) terminate this Lease pursuant to Paragraph 26 hereof.
19. TAXES AND ASSESSMENTS:
TENANT agrees to pay all taxes and/or assessments levied by any govemmental agency upon any interest acquired by TENANT under the terms of this Lease. Providing further, that TENANT is aware that certain possessory interests may be created by entering into this Lease 6of13
and that TENANT will be subject to the payment of property tiaxes levied on such interests
20. 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 LANDLORD and the United States relative to the development, operation or maintenance of the Airport.
21, AERONAUTICAL RESTRICTIONS:
(a) There is hereby reserved to LANDLORD 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 lav'rful operation of any aircraft used for navigation or flight through the said air space or landing at, taking off from, or operation on the Tehachapi Airport. (b) TENANT 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 5 (b) to abate the nuisance and City shall have all other rights and remedies available at law or in equity. (c) TENANT 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, LANDLORD reserves the right to enter on the demised premises and cause the abatement of such interference at the expense of TENANT. (d) LANDLORD 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 TENANT, and without interference or hindrance.
(e) LANDLORD reserves the right, but shall not be obligated to TENANT, to maintain and keep in repair the landing area at the Tehachapi Airport and all publicly owned facilities at the airport, together with the right to direct and control all activities of the TENANT in this regard. Provided, however, that in the event of the taxiways or runways at the airport are 1 of 13
determined to be unfit for aeronautical use by the FAA or by LANDLORD or by the Aeronautical Division of the Califomia Department of Transportation, or the airport ceases to be operated as an airport, then this Lease may be terminated by TENANT, at its option, by its giving of at least thirty (30)days written notice thereof LANDLORD.
(f) Nothing herein contained shall be construed to grant or authorize the granting of an exclusive right within the meaning of Section 308 of the Federal Aviation Act.
22. SUBLETTING:
(a) TENANT shall not assign this Lease or sublet the premises, or any part thereof, without the prior written consent of the LANDLORD, which consent shall not be unreasonably withheld but may be reasonably conditioned to include but not be limited to the following:
(i) Any assignment or sublease shall be in writing and shall provide that the assignee or subleasee shall agree to and be bound by all of the terms and conditions of the Lease; (ii) The assignee or SUBLEASEE 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 18, Iiability lnsurance, with respect to any aircraft hangared on the premises that are owned by SUBLEASEE or assignee or other third party; and (iii) A rental adjustment, which shall be, based on the rental then in effect by LANDLORD 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 LANDLORD may, at its option, by written notice to the TENANT, either (1) declare such sublease, assignment, transfer, mortgage, or other conveyance void, or (2)terminate this Lease and all rights and interest of TENANT and all other persons hereunder pursuant to Paragraph 26. Any consent by the LANDLORD 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 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. 8 of 13
23. RIGHT OF INGRESS AND EGRESS:
TENANT shall have the reasonable right-of-way over property owned and controlled by LANDLORD for ingress thereto and egress there from for pedestrian, vehicular, and air travel, together with the right to use in common with other TENANT'S or licenses or LANDLORD 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 subjectto such reasonable rules and regulations as the LANDLORD 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 Federa I Aviation Ad m i nistration or its successor.
24. BANKRUPTCY:
ln the event that (a) TENANT shall file a voluntiary petition in bankruptcy or shall be adjudged a bankrupt in any voluntary bankruptcy proceeding; (b) any voluntary or involuntary proceeding for the reorganization of TENANT shall be instituted by anyone other than TENANT 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 TENANT, or any lien or any writ of attachment, gamishment, execution or distrait shall be levied upon any TENANT'S rights or interest under this Lease; or (d) there shall be any other assignment of any TENANT'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, LANDLORD may, at its option by written notice to TENANT, terminate this Lease and all rights and interest of TENANT and all other persons under this Lease. The term "TENANT", as used in this paragraph, includes any individual, partnership, or corporation who is a TENANT hereunder, even though several individuals, partnership, or corporations are such, and includes each partner of any partnership, which is TENANT hereunder.
25, WAIVER OF BREAGH:
The waiver by LANDLORD of any breach by TENANT of any provision contained herein shall not be deemed to be a continuing waiver of such provision, or a waiver of any other prior of subsequent breach thereof, or a waiver or any breach of any other provisions contained herein.
26, BREACH:
(a) ln the event of a breach by TENANT of any term, condition, or agreement 9 of 13
herein contained, TENANT shall have 30 days to cure the breach after written notice has been given to TENANT by LANDLORD, provided however that if any such breach cannot be reasonably cured within 30 days of such notice, then TENANT shall have commenced reasonable efforts to cure same within said period. ln the event of TENANT'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 TENANT shall immediately sunender to LANDLORD possession of the premises, and in addition to all other remedies available to LANDLORD hereunder or at law or equity, LANDLORD shall have the remedies either to remove the lmprovements on the premises at the expense of TENANT or to retain the lmprovements and to thereafter be the sole and exclusive owner of same. Notwithstanding the foregoing, in the event TENANT allows a nuisance to exist on the premises as described in Paragraph 5 of this Lease, TENANT shall abate the nuisance as required therein and nothing herein shall be deemed to waive or modify the requirements and remedies described in Paragraph 5. Providing further, that in the event TENANT breaches this Lease and abandons the property before the end of the term, if TENANT'S right to possession is terminated by LANDLORD because of breach of this Lease, LANDLORD shall have the right to recover damages from TENANT as provided in the State of California Civil Code Section 1951.2.
(b) ln the event of a breach by LANDLORD of any term, condition, or agreement herein contained, that deprives TENANT 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 5 hereof, or of its rights of ingress and egress described in Paragraph 23 hereof, TENANT shall not be obligated to LANDLORD for any rental payments othenryise due and payable for the period of such breach.
27. NEGATION OF PARTNERSHIP:
LANDLORD shall not become or be deemed a partner or joint venture with TENANT or in any other relationship with TENANT other than that of landlord and tenant by reason of the provisions of this Lease nor shall TENANT for any purpose be considered an agent, officer, or employee of LANDLORD.
28, SURRENDER OF PREMISES:
On the last day of the term, or extension thereof, or sooner termination of this Lease, and subject to the rights and remedies of LANDLORD and TENANT described in Paragraph 13 hereof, TENANT shall peaceably and quietly leave, surrender and yield up to the LANDLORD the 10 of 13
demised premises in as good condition and repair as at the commencement of TENANT'S occupancy, reasonable wear and tear thereof excepted.
29, 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.
30. VENUE AND GOVERNING LAW:
This agreement is made, entered into and is to be performed in Kern County, California. This Lease shall be governed by and construed in accordance with the laws of the State of Califomia.
31. COVENANTS AND CONDITIONS:
Each provision of this Lease performable by TENANT shall be deemed both a covenant and a condition.
32. TIME OF TH 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.
33. SEVERABILITY:
!f 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 fullforce and effect.
34. AUTHORIZED AGENT OF LANDLORD:
The City Manager of the City of Tehachapi is the duly authorized agent of LANDLORD for purposes of this Lease, and as to any obligations assumed herein by TENANT, they shall be performed to the satisfaction of the City Manager.
35. NOTICES:
All notices required or permitted under this Agreement or at law shall be deemed to be given when personally served on the party to be noticed or when deposited in the United States mail, Registered or Certified, postage prepaid and addressed as follows:
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TO LANDLORD: City Manager
City of Tehachapi
115 South Robinson Street
Tehachapi, CA 93561
TO TENANT: John P O'Dell
22321McCarthy Dr
Tehachapi, CA 93561
831-277-s958
[email protected]
Any party may change its or their address by providing notice of same in the manner herein prescribed.
36. BINDING:
This Lease shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, successors, and assigns.
37, 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.
38. AMENDMENTS:
This Lease may not be altered, amended, or modified except by a writing executed by duly authorized representatives of all parties.
39. 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.
40. RECORDATION:
TENANT acknowledges its understanding that the law of the State of Califomia authorizes LANDLORD to record this Lease or a memorandum of same. ln that regard, TENANT agrees to execute a memorandum of this Lease for the purposes of recordation in such reasonable form and content as may be proposed by LANDLORD.
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41. 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.
!N WITNESS WHEREOF, the parties have hereunto set their hands the day and year first above written.
LANDLORD: TENANT:
CITY OF TEHACHAPI JOHN P O'DELL
By: O P c'pn//
Michael Davies
Mayor
Gity of Tehachapi, California
%hn P oDeu
Aircraft:
N43B9L
N30267
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TEHACHAPI
CALIFORNIA
COUNCIL REPORTS
MEETING DATE: February 5,2024, AGENDA SECTION: COMMUNITY ENGAGEMENT
APPROVED
DEPARTMENT H
CITY MANAGER:
TO HONORABLE MAYOR DAVIES AND COUNCIL MEMBERS
FROM: MYA ACOSTA, COMMUNITY ENGAGEMENT SPECIALIST
DATE: February 7.,2024
SUBJECT: Tehachapi's Extraordinary Women Recognition
The Community Engagement Department is looking for ways to celebrate Women's History Month this March by recognizing the extraordinary women in our community.
Modeled after existing "woman of the year" type awards, we plan to open nominations for Tehachapi's Extraordinary Women Recognition to the public.
We are seeking the community's nominations of women in Tehachapi who go above in beyond in their daily work/lives, who demonstrate great character, who are leaders and change-makers, and who are active participants in our community. They will be recognized with a certificate at the March 4th City Council Meeting, highlighted on our social media pages, and asked to be featured on our podcast, Tehachapod, to share about their backstory. Nominees must live, work, or volunteer within Tehachapi city limits. Nominations willclose Feb. 22nd.
Based on the number of nominations, we plan to recognize up to three women with this award Our goal is to highlight the wonderful women in our community who are making a difference in the lives of others.
Fiscal impact is stafftime, all certificates and media production will be done in-house.
The Communications Department would also like to ask for the support of a councilmember to assist in the screening process of the nominations in choosing which nominees are recognized.
TEHACHAPI
CALIFORNIA
COUNCIL REPORTS
MEETING DATE: February 5,2024, AGENDA SECTION: COMMUNITY ENGAGEMENT
DEPARTMENT H
CITY MANAG
APPROVED
TO:
FROM:
DATE:
HONORABLE MAYOR DAVIES AND COUNCIL MEMBERS
KEY BUDGE, COMMUNIW ENGAGEMENT MANAGER
February 1,2024
SUBJECT: Weekly Walking Group in Downtown
The Community Engagement Department has had conversations with numerous people in the community at various events we've hosted or attended, also we've received comments on social media regarding the need for healthy activities to do in our city.
We did some research and found there are several benefits to being part of a walking group, which include physical health, mental health, social connections, connecting to nature, and giving you a sense of purpose and be active.
We thought by creating a downtown walking group we could utilize our existing infrastructure including sidewalks and walking paths we have built over the past several years and encourage people to join us weekly.
Like our Coffee with the Mayor and Coffee with a Cop events, our weekly walks would allow the community to join us for a walk through downtown and have a conversation with us.
On the lines of "mall walkers" we will lead people on walks through our downtown streets past downtown businesses during hours they are open for business. Giving the businesses the opportunity to show off what they have to offer. At the end of the walks, leading into the lunch hour we will stop by a local downtown eatery for lunch.
While having internal discussions on how we would put this together, TPD Chief Standridge mentioned he would like to have a "Walk with TPD" event. We see this is another opportunity to connect with our community and invite everyone who would like to join us weekly to meet on Thursdays at 11am, beginning March 22 (weather permitting).
Our goal is that other groups and organizations may also participate and perhaps create their own walking groups that meet on different days of the week.
Fiscal impact is stafftime, the walking infrastructure (sidewalks and walking/bike paths) is already in place.
CITY OF
TEHACHAPI
CALIFORNIA
COUNCIL REPORTS
MEETING DATE: February 5,2024 AGENDA SECTION: PUBLIC WORKS
HONORABLE MAYOR DAVIES AND COUNCIL MEMBERS
DON MARSH, PUBLIC WORKS D!RECTOR
February 5,2024
SUBJECT: PICKLEBALL COURT CONSTRUCTION
TO:
FROM:
DATE:
DEPARTMENT H
CITY MANAG
APPROVED
BACKGROUND:
Pickleball is a multi-generational sporting activity enjoyed by ages 6-86, it's the fastest growing sport in America for the past five years. 3.5 million Americans were playing pickleball in 2019 and the sport has grown to nearly 25 million players in the U.S. by the end of 2023 according to leaders in the sports and fitness industry. Tehachapi has a large population of pickleball players who travel to Bakersfield and the Antelope Valley on a regular basis to play.
The addition of pickleball courts at the Tehachapi Police Department public parking lot may seem like an odd placement for a public accessible recreation facility, but it is actually a great place to connect the community with its police department.
During this past summer the Tehachapi Police Department and the City of Tehachapi hosted two "Pickleball with the police" events using six temporary courts in the public parking lot where we propose the permanent courts be built.
More than 150 children and adults came out for the two evenings of pickleball play. The children and the officers got the opportunity to play with each other and for many, learn a new sport. There were both new players wanting to learn how to play and experienced players eager to teach. lt was a great community event connecting police officers with the community they serve. The addition of permanent courts will provide an opportunity for possible Police Activity League and ongoing Pickleballwith the Police events.
The parking lot in its current configuration has numerous unused parking spaces every day. The pickleball courts which are 2O'x44' plus a few extra feet surrounding the court area for a safety buffer to the fencing. ln the greater Tehachapi area, there are very few options to play pickleball, Bear Valley Springs has 4 dedicated courts, Stallion Springs has 3 temporary courts with limited hours, TVRPD has 2 painted courts (bring your own net), and the Church of Jesus Christ Latter-day Saints has one temporary court with limited hours.
This project will apply a slurry coat and apply a 4-coat acrylic paint system over the existing asphalt base, install four new, permanent net systems and install new perimeter chain-link fencing.
City staff has contacted four contractors who specialize in pickleball court construction and obtained pricing for this project. The results of this solicitation are presented below:
6al : I
Contractor Bid
Courts and Greens s69,ooo
Supreme Court Construction No Bid
Pacific Tennis Courts No Bid
SportCourt $116,800
PICKLEBALL COURT BIDS
FISCAT IMPACT:
The impact to the FY2O2312O24 budget is estimated to be 586,460 for construction of the four courts, nets, fencing and the installation of portable spectator bleachers.
Item Estimated Cost
Court Paint, Nets & Fencing s69,ooo
Portable Bleachers S5,ooo
Benches (4) s1,600
Bleacher Fencing s3,ooo
Contingency (10%) s7,860
Total Estimated Cost = s86,460
STAFF RECOMMENDS THAT THE CITY COUNCII AUTHORIZE STAFF TO PROCEED WITH THE PICKLEBALL COURT PROJECT FOR THE AMOUNT OF 586,450 AS PRESENTED AND AWARD THE CONSTRUCTION TO COURTS AND GREENS !N THE AMOUNT OF SSS,OOO AND AUTHORIZE THE CITY MANAGER TO SIGN ANY NECESSARY CHANGE ORDERS UP TO LOo/oOF THE CONTRACT AMOUNT OR 55,900.
RECOMMENDATION:
Printed on ___% Post-Consumer
Recycled Content Paper CONSULTANT AECOM 5001 E. Commercenter Dr., Suite 100 Bakersfield, CA 93309 661.283.2323 tel www.aecom.com CLIENT CITY OF TEHACHAPI 115 S. Robinson Street Tehachapi, CA 93561 661.822.2200 tel 661.822.8559 fax PROJECT CITY OF TEHACHAPI PICKLEBALL COURT Tehachapi Police Department 220 W. C ST. Tehachapi, CA 93561 PROJECT NUMBER 60709600 ANSI D 22" x 34" SHEET TITLE PICKLEBALL COURT AND CHAIN LINK FENCE LAYOUT SHEET NUMBER Last saved by: 1GHILARDUCCID(2023-11-08) Last Plotted: 2024-01-26 Project Management Initials: Designer: Checked: Approved: _____ _____ _____ Filename: S:\T08\60709600- 2023 24 GENERAL SERVICES\900_CAD_GIS\910_CAD\POLICE DEPT PICKLEBALL COURTS\POLICE DEPT PICKLEBALL.DWG I/R DATE DESCRIPTION ISSUE/REVISION 6' HIGH DIPPED CHAIN LINK FENCE 4' HIGH DIPPED CHAIN LINK FENCE 4' HIGH DIPPED CHAIN LINK FENCE 63.5' 63.5'
30.0' 30.0'
20' 5' 5' 20' 5' 5' 9.7' 44' 9.7' 9.7' 44' 9.7' EXISTING PARKING LOT SOUTH PAULEY STREET WEST "C" STREET EXISTING POLICE DEPARTMENT BUILDING EXIST. CHAIN LINK FENCE EXIST. BLOCK WALL 0 10' 20' 1" = 10' N PICKLEBALL COURT (TYP. OF 4) 15' 70' 7' 15' 10' 100' NOTES: 1. CONTRACTOR SHALL VISIT THE SITE AND FAMILIARIZE ITSELF WITH EXISTING WORKING CONDITIONS. 2. REMOVE ALL WHEEL STOPS AFFECTED BY THE PROPOSED IMPROVEMENTS. 3. APPLY SLURRY SEAL TO SMOOTH OUT EXISTING PAVEMENT DEFORMATIONS AND COVER EXISTING PAVEMENT STRIPING AND SIGNAGE. 4. FURNISH AND INSTALL PICKLEBALL COURT STRIPING AND NET SYSTEM INCLUDING POSTS. 5. PICKLEBALL STRIPING PAINT TO BE THERMOPLASTIC PAINT. 4' MAN GATE (TYP. OF 6) FENCED SPECTATOR AREA 4' HIGH DIPPED CHAIN LINK FENCE 6' HIGH DIPPED CHAIN LINK FENCE 22' 46'
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AGREEMENT
THIS AGREEMENT made this _ day of 2024,by
and between the CITY OF TEHACHAPI, hereinafter "City", and COURTS AND GREENS, a California Corporation, hereinafter "Contractor, " WITNES!ETH:
WHEREAS, City wishes to hire Contractor to construct and install pickleball courts as more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof (the "services") pursuant to the terms and conditions described hereinafter and Contractor is agreeable thereto.
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 complete the Services for a total price of not to exceed $69,000.00 which shall represent the full and complete compensation due and owing Contractor. Contractor shall be paid upon completion of the Services to the reasonable satisfaction of City. Prior to payment of Contractor, Contractor shall first provide City with a written invoice setting forth the Services performed and the amount due and owing which may be reviewed by the City Manager or the City Manager's representative and approved for payment. Thereafter, the invoice 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. Contractor shall complete the Services within weeks from the date of this Agreement. 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 Services at Contractor's sole cost and expense. Information, data, plans and specifications, and all other Service documents drafted or created by Contractor or on behalf of Contractor for City shall belong to City and Contractor hereby assigns all of its copyright interests therein to City, irrevocably and forever and agrees that City shall be the owner of all such copyrights.
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 perforrnance 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 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 fuither 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 performance of the provisions hereof including but not limited to any act or omission to act on the part of Contractor or Contractor's or employees, subcontractors, agents, or representatives.
8. In addition to any other methods of termination described in this 2 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 nonperformance or other breach of this Agreement, City shall so notiff Contractor in writing and this Agreement shall be immediately terminated thereafter. In addition to the foregoing, City may terminate this Agreement for the City's convenience upon ten (10) days written notice to Contractor at City's sole and absolute discretion and, in that event, 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 perforrnance.
9. 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 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 Califomia 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 and that, if known by him or her would have materially affected his or her settlement with the debtor or released 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.
10. Contractor shall not assign any portion of this Agreement to any other person or entity.
1 1. If this Agreement or any portion thereof shall be considered invalid 3 by any court of competent jurisdiction, the 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.
12. 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 overnight delivery service, provided the overnight carrier's records confirm delivery, (b) when delivered by United States Mail, Postage Prepaid, Registered or Certified Mail, Return 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, 1 15 South Robinson Street, Tehachapi, California 93561, Fax (661) 822-2197, Email
[email protected]; and Contractor - Gerald Wayne Ogden, 3910 Buck Owens Boulevard, Bakersfield, California 93308, Fax - ( ) Email - ( )
relates to the party by giving written notice to the other party 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.
17. 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.
18. This Agreement shall be governed by and construed in accordance 4 Any party may change any of the foregoing as it
with the laws of the State of California.
19. Waiver by a party of any provision of this Agreement shall not be considered a continuing waiver or a waiver of any other provision, including the time for performance of any such provision.
20. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto, and their respective heirs, successors, and assigns.
Notwithstanding the foregoing, Contractor shall not, under any conditions, assign this Agreement or any part thereof to any other entity or individual.
21. Contractor 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, arangements, or distributions that City may now or hereafter have, including, without limitation, retirement plans, health care or similar benefits for regular employees.
IN WITNESS WHEREOF, the parties have executed this Agreement on the date first hereinabove written.
MICHAEL DAVIES, Mayor, City of
Tehachapi, California
COURTS AND GREENS, a California
Corporation, "Contractor"
By:
GERALD WAYNE OGDEN, CEO
5 EXHIBIT "A"
[Description of Servicesl
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C ITY
TEHACHAPI
CALIFORNIA
COUNCIL REPORTS
MEETING DATE: FEBRUARY 5,2024 AGENDA SECTION: PUBLIC WORKS
APPROVED
DEPARTMENT
CITY MANAGE
TO: HONORABLE MAYOR MICHAEL DAVIES AND COUNC!L MEMBERS
FROM: TYLER NAPIER, DEPUTY PUBLIC WORKS DIRECTOR
DATE: JANUARY 30,2024
SUBJECT: WASTEWATER MUNICIPAL FARM LEASE (FIRST AMENDMENT)
BACKGROUND
On Decemb er 5,2022, an agreement was established between The City of Tehachapi and "Kevin Parsons and Tim Dobbs, doing business as Tehachapi Farming and Ranching Co. This contractual arrangement constituted a five-year lease permitting Tehachapi Farming and Ranching Co. to cultivate the 81 acres on the Airport/Rodeo Grounds utilizing treated effluent from the Wastewater Treatment Plant.
lnitially, the agreement was structured as a one-year lease, with provisions for renegotiation of terms after the initial year. Upon mutual agreement, the contract could then be extended for an additional four years. Following a successful year of farming, City staff-initiated negotiations with Kevin Parsons and Tim Dobbs, aiming to address certain changes or modifications desired by the City and Kevin Parsons and Tim Dobbs, before proceeding with the additional four-year extension. Here are the key alterations sought by the City and Kevin Parsons and Tim Dobbs dba Tehachapi Farming and Ranching Co.:
Significant Changes/Modifications Requested by the City:
r Lessee shall only store hay and alfalfa crops on the premises that have been cultivated and harvested directly from the premises and no other hay or alfalfa or any other crop shall be stored on the premises . Lessee may allow prospective customers of its crops to visit the premises provided each such visit is scheduled in advance with the Lessor and with the approval of the Lessor. At all times during any such visit, a representative of Lessee shall be present.
Lessee shall maintain a clear section of land measuring fifty feet by fifty feet located by the following GPS coordinates:35.07' ,59.73" N 118.25' 58.82" W, as more particularly shown in Exhibit "B". This area shall be kept unobstructed between June 15th and July 7'h each year for the staging and operations of the Fourth of July fireworks event (the "Fireworks Show")
Significant Changes/Modifications requested by Kevin Parsons and Tim Dobbs dba Tehachapi Farming and Ranching Co Tim Dobbs and Kevin Parsons have agreed to part ways. Kevin Parsons will continue managing the land/lease underanewbusinessnameof "KEVIN PARSONSdba PARSONS HAY".Bothpartieshaveagreedtothisand documentation to confirm this is attached and upon approval from the City Council, both Tim Dobbs and Kevin Parsons will provide their signatures for the record.
. Change the annual lease cost per acre:
o The original agreement rate of 561.75 per acre (81 acres) with an annual rate of 55001.75. o New agreement rate of S5O.O0 per acre (81 acres) with an annual rate of 54050.00. parsons Hay will continue with plans to plant all 81 acres with a mixture of small grains and alfalfa to be sold locally
FISCAL IMPACT
The revenue generated from this municipal farm lease will be S50 per acre, per year with a total revenue of S4O5O.OO per year for the next four years with an end date of November 15, 2028. Wastewater staff time to operate and maintain the reclamation area will continue to be reduced by approximately L,000 manhours per year.
RECOMMENDATION
APPROVE THE ASSIGNMENT AND ASSUMPTION AGREEMENT BETWEEN TIM HOBBS DBA TEHACHAPI FARMING AND RANCHING COMPANY AND PARSONS HAY, INC. AND THE ClW OF TEHACHAPI AND
AUTHORIZE THE MAYOR TO SIGN
APPROVE THE FIRST AMENDMENT TO WASTEWATER MUNICIPAL FARM LEASE BETWEEN PARSONS HAY AND THE CITY OF TEHACHAPI FOR 8l ACRES OF MUNICIPAL FARM LAND AND AUTHORIZE THE CITY
MANAGER TO SIGN
ASSIGNMENT AND ASSUMPTION AGREEMENT
THIS AGREEMENT made this
-
day of 2024 by and between TIM
DOBBS, dba TEHACHAPI FARMING AND RANCHING COMPANY ("Assignor") and PARSONS HAY LLC, a Wyoming Limited Liability Company (the "Assignee") who agree as follows:
1. For valuable consideration, receipt of which is hereby acknowledged, Assignor hereby transfers and assigns to Assignee all of its right, title, interest, and obligations in and to the lease between the City of Tehachapi as Lessor and Kevin Parsons and Tim Dobbs dba Tehachapi Farming and Ranching Co as Lessee dated December 5,2022 (the "Lease") under the terms and conditions described in Exhibit "A" attached hereto and by this reference made a part hereof.
2. Assignee hereby accepts this Assignment and agrees to assume all of Assignor's duties and obligations thereunder and as more particularly described in Exhibit "A."
3. This Agreement shall be governed by and construed in accordance with the laws of the State of California.
4. A facsimile or electronic copy of this fully executed Assignment shall be as effective as the original for all purposes. The parties agree that a facsimile or electronic copy of this Agreement shall be effective for all purposes.
IN WITNESS WHEREOF, the parties have executed this Assignment to be effective on the date first hereinabove written.
TIM DOBBS, dbA TEHACHAPI FARMING AND
RANCHING CO "Assignor"
KEVIN PARSONS, dbA PARSONS HAY,
ttAssigneet'
The undersigned hereby consents to the foregoing assignment.
MICHAEL DAVIES, Mayor, City of Tehachapi,
Califomia
I
EXHIBIT ''A''
[Copy of Leasel
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ln hgh! of the re(ent r[qurstud chon6*s by thc ((y. lo th| W;ltll]w;rlet Munrcrpal farm leaie between the c,ty of Tehachnp' and TohJ(hapr Inrnrrng and Rrn(hrn8 compJny datod Dccember 5, 2022 and the addrrional nsk that would be as!umed lo facrht.le tho followlnB itemt l. MrtiSaltng brrds on the Alrpott Srounde
2. Undue risk asso(roted wrth habrhty bcing placed on lehachapi farming and Ranchrng for the Fourth of July Irrework show
3. rhe.egtnctaons and process requiremcnts of selhng hay products fiom the Municipal farm property.
l, fim Oobbs, ,elinquish any and all relation wilh the Wattewater MuniGipal Fatm Lease A8reement. I do not wish to continue leasang lhe property and do not want to be atsocialed with any liabilrty, actlons, or responsibihty from a continued lease. This includes paragtaph 16 indamnification Glause l unde6tand there mav be furlher lease agreements made by Kevin Parsons and his aSSociated dba, hOwever he is ectint under his own recotnirance and not as an a8ent or principal of Tehechapi Farmint and Ranchtng Company or a general partner with Tim Dobbs. This statement includes the provision that Kevin Parson5 will asrume any and all funher obligations lncluding paragraph 16 indemnification a5 set forth in the original aSreement.
Tim Dobbs
2 _day of
FIRST AMENDMENT TO
WASTEWATER MUNICIPAL FARM LEASE
This First Amendment to Lease (the "Amendment") is made and entered into this 2024 between the CITY OF
TEHACHAPI, a municipal corporation, hereinafter called "Lessor" and PARSONS HAY LLC, a Wyoming Limited Liability Company hereinafter called "Lessee".
WITNESSETH
WHEREAS, the parties entered into that certain "Wastewater Municipal Farm Lease" dated Novemberl 5,2022 (the "Lease") and the parties wish to amend the lease as hereinafter described.
NOW THEREFORE, the parties hereby amend the lease as follows:
l.
verbatim.
2. The parties hereby incorporate the foregoing recitals as if fully set forth herein
2.8 The parties hereby add the following provision to Section I of the Lease:
"(a) Lessee shall maintain a valid business license issued by the Lessor throughout the Lease Term."
Parties hereby amend section 2 to read "commencing of November 15, 2023 and terminating on November 15,2028,"
Parties hereby amend section 3 to read "Lesse shall pay rentalto Lessor annually in advance in cash in the amount of four thousand fifty dollars ($4050.00) calculated at the rate of fifty dollars ($50.00) per acre for 8l acres (the "Rent").
The parties hereby amend Section 5 of the Lease by adding the following provisions:
"(a) Lessee shall only store hay and alfalfa crops on the premises that have been cultivated and harvested directly from the premises and no other hay or alfalfa or any other crop shall be stored on the premises.
"(b) Lessee may allow prospective customers of its crops to visit the premises provided each such visit is scheduled in advance with the Lessor and with the approval of the Lessor. At all times during any such visit, a representative of Lessee shall be present."
4. The parties hereby add the following provisions to Section 8 of the Lease to be placed at the end ofSection 8:
ll-essee shall maintain a clear section of land measuring fifty feet by fifty feet located by the following GPS coordinates: 35.07',59.73" N 118.25' 58.82" W, as more particularly shown in Exhibit "B". This area shall be kept unobstructed between June 15ft and July 76 each year for the staging and operations of the Fourth of July fireworks event (the "Fireworks Show").
"Lessee hereby releases Lessor and agrees to indemnifr, defend, and save harmless Lessor' its councilmembers, employees, agents, officers, successors and assigns from and against any and all claims, losses, liabilities, fines, charges, damages, injuries, penalties, costs, and expenses ofany and every kind whatsoever caused to Lessee's crops, equipment, or injury to Lessee or Lessee's employees, contractors, subcontractors, or others associated with
2.C
3 I
Lessee as a result either directly or indirectly of the Fireworks Show.
Lessee expressly waives the benefits and protections of section 1542 of the Civil Code of the State of California which reads 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 and that, if known by him or her would have materially affected his or her settlement with the debtor or released party." "Lessor agrees to indemniff, defend, and save harmless Lessee, its employees, agents, officers, successors and assigns from and against any and all claims, losses, liabilities, fines, charges, damages, injuries, penalties, costs, and expenses ofany and every kind whatsoever to equipment, surrounding structures, vehicles, or injury to Lessor or Lessor employees, general public, attendees, contractors, subcontractors, or others associated with Lessor as a result either directly or indirectly of and only to the extent caused by the Fireworks Show.
5. The capitalized terms used herein shall have the same meaning as in the lease unless otherwise specifically described herein.
6. Except as amended herein, the terms and conditions of the Lease shall remain in full force and effect. Any inconsistency or ambiguity between this Amendment and the Lease shall be resolved in favor of this Amendment.
7. This Amendment may be executed in counterparts. A facsimile or electronic copy of this Amendment shall be as effective as the original for all purposes.
IN WITNESS WHEREOF, the parties have caused this Amendment to be executed by their duly authorized representatives on the date first written above.
PARSONS HAY LLC, a Wyoming Limited
Liability Company, Lessee
By CITY OF TEHACHAPI, Lessor
Greg Garrett, City Manager Kevin Parsons, Managing Member 2 Tehachapi Farming and Ranching Go.
Revised: '11-07-2023
Legend
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CITY OF
TEHACHAPI
COUNCIL REPORTS
MEETING DATE: FEBRUARY 5,2024 AGENDA SECTION: DEVELOPMENT SERVICES DIRE R
DEPARTMENT
APPROVED
CITY
TO: HONORABLE MAYOR DAVIES AND COUNCIL MEMBERS
FROM: JOHN (JAYI SCHLOSSER, P.E., DEVELOPMENT SERVICES DIRECTOR DATE: JANUARY ?O,2024
SUBJECT: ON-CALI ENGINEERTNG SERVTCES AGREEMENT WITH 4-CREEKS, lNC.
BACKGROUND
As the Council is aware, 4-Creeks has provided engineering consultant services to the City of Tehachapi for many years. This relationship started in 2019 with an Engineering Services Agreement between the City of Tehachapi for Federally Funded Projects.
PROPOSED CONTRACT! NG APPROACH
City Staff would like to enter into a second contract with 4-Creeks for On-Call engineering services and has prepared a two-prong approach to procuring the needed services:
1. Enter into an on-call contract with 4-Creeks lnc. for engineering services for work not encumbered by specific grant-related obligations. The contract will sunset after five years and is not an exclusive contract.
2. On a case-by-case basis, procure engineering services in compliance with unique funding requirements as the need arises.
RECOMMENDATION
The City Attorney has prepared an on-call agreement for this effort.
APPROVE AND AUTHORIZE THE MAYOR TO ENTER INTO AN ON.CALI AGREEMENT WITH 4'CREEKS
INCORPORATED TO PROVTDE ENGINEERING CONSULTING SERVICES IN SUPPORT OF CIW NEEDS IN CASES DETERMTNED TO BE APPROPRIATE BY CITY STAFF.
CALIFORNIA
PROFESSIONAL SERVICE AGREEMENT
THIS AGREEMENT (the "Agreement") made this of
-
day 2024, by and
between the CITY OF TEHACHAPI ("City"), a municipal corporation (the "City"), and 4 Creeks, Inc. (the "Consultant").
WITNESSETH:
WIIEREAS, City wishes to contract with Consultant to provide certain professional services pursuant related to civil engineering, surveying, architecture, structural, planning, transportation planning, traffic engineering, traffic operations or any similar service related to the fee schedule provided by the Consultant that may be required by the City from time to time under the terms and conditions described hereinafter and Consultant is agreeable thereto.
NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth hereinafter, the parties agree as follows:
l. The parties incorporate the foregoing recitals as if fully set forth herein verbatim.
2. During the term of this Agreement, Consultant shall serve at the pleasure of the City Manager or his designee. Consultant shall perform those services requested by the City Manager oi hi. designee by written or email direction to Consultant and within the time frames and any other terms and conditions of same described therein. In that regard, whenever a project is requested, Consultant shall submit a scope of work and cost proposal for same and 'City *a Coniultant shall negotiate, where necessary, over the terms of same. Notwithstanding any other provision to this Agreement, City may contract with any other Consultants to p.ifo.. any services otherwise described herein and shall have no obligation or responsibility to utilize Consultant for any such services.
3. Consultant shall receive payment for all services performed by Consultant hereunder based on Time and Materials. As used in this Agreement, "Time and Materials" shall mean the number of hours devoted by Consultant to such services charged at the rate set forth in the Consultant's Rate Schedule attached hereto as Exhibit "A" and by this reference made apart hereof and including all reasonable costs incurred by Consultant. The Consultant's Rate SChedule shall remain unchanged for two (2) years from the date of this Agreement subject to changes in prevailing wage as they apply to employees who receive prevailing wage.
4. Consultant shall bill City no more often than monthly by invoice for the services provided. City Manager shall have the right to reasonable review of each invoice and, at the tonclusion of the reriew, City Manager shall place the matter on the agenda for the next available City Council meeting for consideration by the City Council. Upon approval of the invoice, samL shall be paid in the regular cycle of payments made by City for other bills and claims.
I
5. Consultant shall not provide Consulting services for projects within City to any entity or individual other than City without the prior wriffen consent of the City.
6. Information, data, plans and specifications, Consultant's estimates, and all other project documents drafted or created by Consultant or on behalf of Consultant for City shall belong to City and Consultant hereby assigns all of its copyright interests therein to City, irrevocably and forever and agrees that City shall be the owner of all such copyrights.
All of the foregoing documents hereafter prepared by Consultant for City or on behalf of Consultant for City shall be retained and maintained for City by Consultant in its offices at no additional cost to City. Consultant shall release all such files and documents as instructed by City from time to time, and all such files and documents shall belong to City. Consultant shall not be liable for use of any such files or documents for purposes other than their original intended purpose.
7. Indemnity
a) Indemnity for Professional Liability
When the law establishes a professional standard of care for Consultant's Services, to the fullest extent permitted by law, Consultant shall indemni$, protect, defend, and hold harmless City and any and all of its officials, employees and agents from and against any and all losses, liabilities, damages, costs, and expenses, including legal counsel's fees and costs but only to the extent the Consultant (and its SubConsultants), are responsible for such damages, liabilities and costs on a comparative basis of fault between the Consultant (and its SubConsultants) and the City in the performance of professional services under this agreement. b) Indemnity for Other Than Professional Liability
Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemniff, defend, and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including legal counsel's fees and costs, court costs, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or City for which Consultant is legally liable, including, but not limited to officers, agents, employees, or subcontractors of Consultant.
8. The term of this Agreement shall continue for a term of three (3) years beginning February 5,2024. The City, at its sole discretion, may extend the contract for up to two (2) additional years. Either party may terminate this Agreement at any time upon 30 days prior written notice to the other party. In the event of termination, Consultant shall be entitled to payment under the terms of this Agreement for the work completed by Consultant prior to the date of termination minus the expenses incurred by the City to find areplacementConsultant. 2 9. All notices required to be given under this Agreement or by law shall be in writing and shall be deemed served if personally delivered or if sent by confirmed facsimile or electronic mail ("Email") or by United States mail, certified, return receipt requested, with date of signing the return receipt (or refusal to sign) as the date of service as follows: if to City - City Manager, ll5 South Robinson Street, Tehachapi, California 93561, For - (661) 822-8559, Email -
[email protected], or if to Consultant, Randy Wasnick, 324 S. Sante Fe Street, Visalia, California 93292, Email - [email protected]. Any parry may change any ofthe foregoing as it relates to the party by giving written notice to the other party of the change in the manner set forth herein.
10. Time is of the essence with regard to each covenant, condition and provision of this Agreement.
I l. This Agreement shall be governed by and construed in accordance with the laws of the State of California.
12. This Agreement and the projects arising hereunder constitute the entire agreement between the parties with regard to the subject matter herein and supersede all prior oral and written agreements and understandings between the parties with respect thereto.
13. This Agreement may not be altered, amended, or modified except by a writing executed by duly authorized representatives of all parties. This Agreement or any amendment to same may be executed in counterparts.
14. In the event any action or proceeding is instituted arising out of or relating to this Agreement, the prevailing parfy shall be entitled to its reasonable attomey's fees and actual costs.
15. This Agreement may be executed in counterparts. A facsimile or electronic copy of the Agreement shall be as effective as the original for all purposes.
16. Waiver by aparty of any provision of this Agreement shall not be considered a continuing waiver or a waiver of any other pro vision, including the time for performance of any such provision.
16. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto, and their respective heirs, successors, ffid assigns. Notwithstanding the ioregoing, Consultant shall not, under any conditions, assign this Agreement or any part thereof to any other entity or individual.
17. Ifany term, provision, covenant or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions shill remain in full force and effect and not be affected, impaired, or invalidated thereby.
18. City and Consultant acknowledge that each party and their respective legal counsel have reviewed this Agreement and agree that this Agreement is the product of a
J
negotiations between the parties. This Agreement shall be interpreted without reference to the rule of interpretation of documents that uncertainties or ambiguities therein shall be determined against the party so drafting the Agreement.
19. Without limiting Consultant's obligations under Paragraph 7 of this Agreement, Consultant shall obtain and maintain during the life of this Agreement:
a) Professional Liability Insurance
Consultant shall maintain professional liability insurance that insures against professional errors and omissions that may be made in performing the Services to be rendered in connection with this Agreement, in the minimum amount of two million dollars ($2,000,000) per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement, and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this agreement.
b) General Liability
Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occulrence for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. Consultant's general liability policies shall be primary and shall not seek contribution from the City's coverage, and be endorsed using Insurance Services Office form CG 20 l0 (or equivalent) to provide that City and its officers, officials, employees, and agents shall be additional insureds under such policies.
c) Workers'Compensation
Consultant shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000). Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees, and volunteers. Consultant shall provide City with appropriate certificates of insurance and endorsements for the comprehensive general liability insurance coverage in which City, its officers, Councilpersons, employees, and agents shall be named as additional insureds and specifically designating all such insurance as "primary," and providing further that same shall not be terminated nor coverage reduced without ten days prior written notice to City.
20. Consultant is an independent Consultant under this Agreement and is not an agent or employee of City. As such, Consultant 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 for regular employees. 4 ilt
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ilt
IN WITNESS WHEREOF, the parties have executed this Agreement on the date first hereinabove written.
Michael Davies, Mayor
City of Tehachapi, California
Randy Wasnick
4Creeks Inc.
5 EXHIBIT *A'
Effective May 1, 2022- Amended (810112023)
4Creeks,lnc. Fee Schedule - Professionql
Fees are based on the median hourly pay rate for employees in each classification, plus indirect costs, overhead, and profit. Multi-Year contracts are subject to any subsequent changes in these rates. Fee schedules for the various billing categories are: 4cneEKs Chorges Per
Hour
Chorges Per
Hour Clossificqtion Clqssificotion
Civil Engineering Services
fusociate Engineer
Engineer
Senior Engineer
Principal Engineer
Planning Services
Assistant Planner
Associate Plannerr*
Planner
Senior Planner
Principal Planner
Structural Engineering Services
Associate Structural Engineer
Structural Engineer
Senior Structural Engineer
GIS Services
Associate Gls Technician
GIS Technician
Senior GIS Technician
Utility Design Services
Associate Designer
Designer
Senior Designer
Land Surveying Services
Assistant Surveyor
Land Surveyor
Senior Surveyor
Principal Land Surveyor
1-Man Survey Crew *
2-Man Survey Crew +
3-Man Survey Crew'
Drone Pilot
Software Engineerint Services
Assistant Software Engineer
Associate Software Engineer
Software Engineer
Senior Software Engineer
$12s
$14s
$us
S2oo
Sgo
slos
s13s
S15s
918s
s14s
S160
srso
$s0
sloo
s12o
slos
9130
s160
$110
S13s
Slss
s18o
$lso
$22O
527s
slss
s7s
$so
s13s
s16s
Architectural Se rvices
Associate Architectr*
Architect
Senior Architect"
Construction lnspection
(Non-Prevailing Wage)
Associate Construction lnspector
Construction lnspector
Senior Construction lnspector
Construction Management
Associate Construction Manager
Construction Manager
Senior Construction Manager
Proiect M anater/coordinator* *
Associate Proiect Manager/Coordinator
Project Manager/Coordinator
Senior Project Manager/Coordinator
Technical Services
Project Technician I
Project Technician ll
Project Technician lll
Project Technician lV
Public Outreach Coordination
Associate Outreach Coordinator
Outreach Coordinator
Water Consulting Services
Associate Water consultant
Water Consultant
Senior Water Consultant
Executive Staff
Associate Executive
Executive
Senior Executive
Expert Witness
Expert Witness
s13O
S14s
S17s
s110
S13o
s1s0
s12s
s14s
$17s
S12o
s140
s17s
$85
$ss
$10s
s12o
s105
$12s
s11s
Srrs
$16s
S12o
$14s
$1Gs
6 Ssoo
4,
Clossificotion Chorges Per Hour
Construction Inspection ( Prevai li n g Wage)
Construction lnspector
Construction lnspector Over Time
Construction lnspector - Sunday
Land Surveying (Prevailing Wage)
1-Man Survey Crew - Tulare County
1-Man Survey Crew - Fresno County
1-Man Survey Crew - Kings County
1-Man Survey Crew - Kern County
1-Man Survey Crew - Merced County
2-Man Survey Crew - Tulare County
2-Man Survey Crew - Fresno County
2-Man Survey Crew - Kings County
2-Man Survey Crew - Kern County
2-Man Survey Crew - Merced County
Direct Charges
At cost plus fifteen percent (15%):
. Trcnsportotion ond Wr-diem expenses (outo mileoge @ current IRS rote, off-rood chorges 550.00/doy) . Printing and reproduction: 5O.03 per b/w copy, $0.72 per color copy, 50.80 per sq. ft. lorge printing . Equipment rentals. subcontactors, loborotory onolyses . Website Hosting Fees:515/mo. I $7sO/onnuol
$150
$180
$210
$1s0
$1s0
$1s0
$1so
$280
$280
s280
1280
$280
7