TEHACHAPI POLICE DEPARTMENT
COMMUNITY ROOM
220 WEST C STREET
AGENDA
TEHACHAPI CITY COUNCIL REGULAR MEETING,
TEHACHAPI REDEVELOPMENT SUCCESSOR AGENCY REGULAR MEETING,
TEHACHAPI PUBLIC FINANCING AUTHORITY REGULAR MEETING, AND
TEHACHAPI CITY FINANCING CORPORATION REGULAR MEETING
MONDAY, MARCH 18, 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
CITY CLERK REPORTS
1. City Council Appointment – District 5 – APPOINT ONE MEMBER TO THE TEHACHAPI CITY COUNCIL TO COMPLETE A TERM TO EXPIRE FOLLOWING THE CERTIFICATION OF THE NOVEMBER 2024 ELECTION
2. Swearing in of newly appointed council member
Brief recess to seat new council member
POLICE CHIEF REPORTS
3. Promotion of Tehachapi Police Department Lieutenants Jason Dunham and Justin Ruppert -
PRESENTATION
4. Recognition of Tehachapi Police Department Employee of the Quarter Officer Anthony Bonelli –
PRESENTATION
TEHACHAPI CITY COUNCIL REGULAR MEETING,
TEHACHAPI REDEVELOPMENT SUCCESSOR AGENCY REGULAR MEETING,
TEHACHAPI PUBLIC FINANCING AUTHORITY REGULAR MEETING, AND
TEHACHAPI CITY FINANCING CORPORATION REGULAR MEETING
MONDAY, MARCH 18, 2024 - 6:00 P.M. - PG. 2
5. Swearing in of Tehachapi Police Officer Christian Laverne – OATH OF OFFICE AND BADGE PINNING
CEREMONY
CONSENT AGENDA
6. All items listed with an asterisk (*) are considered to be routine and non-controversial by city staff.
Consent items will be considered first and may be approved by one motion if no member of the council or audience wishes to comment or ask questions. If comment or discussion is desired by anyone, the item will be removed from the consent agenda and will be considered in listed sequence with an opportunity for any member of the public to address the city council concerning the item before action is taken. Staff recommendations are shown in caps.
AUDIENCE ORAL AND WRITTEN COMMUNICATIONS
The City Council welcomes public comments on any items within the subject matter jurisdiction of the Council. We respectfully request that this public forum be utilized in a positive and constructive manner.
Persons addressing the Council should first state their name and area of residence, the matter of City business to be discussed, and the organization or persons represented, if any. To ensure accuracy in the minutes, please fill out a speaker’s card at the podium. Comments directed to an item on the agenda should be made at the time the item is called for discussion by the Mayor. Questions on non-agenda items directed to the Council or staff should be first submitted to the City Clerk in written form no later 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.
7. Public comment
CITY CLERK REPORTS - CONTINUED
ALL ORDINANCES SCHEDULED FOR INTRODUCTION OR ADOPTION AT THIS MEETING SHALL BE READ
BY TITLE ONLY
Tehachapi City Council Unassigned Res. No. 04-24
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 * 8. Minutes for the Tehachapi City Council, Tehachapi Redevelopment Successor Agency, Tehachapi Public Financing Authority, and the Tehachapi City Financing Corporation regular meeting held on March 4, 2024 – APPROVE AND FILE
* 9. Taxicab Application – Change in operation – DIRECT THE CITY CLERK TO ISSUE TAXICAB PERMIT AFTER
APPLICANT HAS MET ALL CITY CONDITIONS
TEHACHAPI CITY COUNCIL REGULAR MEETING,
TEHACHAPI REDEVELOPMENT SUCCESSOR AGENCY REGULAR MEETING,
TEHACHAPI PUBLIC FINANCING AUTHORITY REGULAR MEETING, AND
TEHACHAPI CITY FINANCING CORPORATION REGULAR MEETING
MONDAY, MARCH 18, 2024 - 6:00 P.M. - PG. 3
FINANCE DIRECTOR REPORTS
* 10. Disbursements and bills for February 28, 2024 through March 13, 2024 - AUTHORIZE PAYMENTS
11. RSI Disbursements and bills for February 28, 2024 through March 13, 2024 – AUTHORIZE PAYMENTS
12. 2023/24 Mid-Year Budget Adjustments – APPROVE THE 2023/24 MID-YEAR BUDGET ADJUSTMENTS
AS PRESENTED
PUBLIC WORKS DIRECTOR REPORTS
* 13. XIO Agreement for SCADA Services – APPROVE THE AGREEMENT BETWEEN XIO, INC. AND THE CITY OF
TEHACHAPI FOR SCADA SERVICES AND AUTHORIZE THE MAYOR TO SIGN, SUBJECT TO CITY MANAGER
AND CITY ATTORNEY APPROVAL
DEVELOPMENT SERVICES DIRECTOR REPORTS
14. Program Supplement Agreement No. 00000A451 to Administering Agency-State Agreement for State Funded Projects, Agreement No. 09-5184S21, Project No. ATPL-5184 (043) and resolution for the Valley and Mill Gap Closure Project – ADOPT A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND EXECUTE PROGRAM SUPPLEMENT AGREEMENT NO. 00000A451 TO ADMINISTERING AGENCY-STATE MASTER AGREEMENT FOR STATE FUNDED PROJECTS, AGREEMENT NO. 09-5184S21, PROJECT NO.
ATP-5184 (043)
* 15. Assignment & Assumption Agreement and First Amendment to Improvement Agreement for Final Tract Map No. 6248 located on S. Robinson St, adjacent to the Wells Education Center – APPROVE AND
AUTHORIZE THE MAYOR TO SIGN BOTH THE ASSIGNMENT AND ASSUMPTION AGREEMENT AND THE FIRST AMENDMENT TO IMPROVEMENT AGREEMENT FOR FINAL TRACT MAP NO. 6248
CITY ENGINEER REPORTS
16. Tract 6216, Phase 4A – K Hovnanian Communities; Public Improvement Notice of Completion – APPROVE THE NOTICE OF COMPLETION FOR TRACT 6216, PHASE 4A – K HOVNANIAN COMMUNITIES;
PUBLIC IMPROVEMENTS AND DIRECT STAFF TO RECORD SAME
POLICE CHIEF REPORTS - CONTINUED
17. Purchase of Police Vehicles – APPROVE THE PURCHASE OF POLICE VEHICLES AS PRESENTED
CITY ATTORNEY REPORTS
* 18. The attorney’s Spring conference for the League of California Cities is scheduled for May 8-10, 2024. The registration fee is $625 and a hotel room for 2 nights is $239.00. If approved by the City Council, the City’s share of the registration fee and hotel room would be $551.50 – APPROVE THE CITY’S SHARE OF THE COST FOR THE CITY ATTORNEY TO ATTEND THE LEAGUE OF CALIFORNIA CITIES’ SPRING
CONFERENCE
TEHACHAPI CITY COUNCIL REGULAR MEETING,
TEHACHAPI REDEVELOPMENT SUCCESSOR AGENCY REGULAR MEETING,
TEHACHAPI PUBLIC FINANCING AUTHORITY REGULAR MEETING, AND
TEHACHAPI CITY FINANCING CORPORATION REGULAR MEETING
MONDAY, MARCH 18, 2024 - 6:00 P.M. - PG. 4
CITY MANAGER REPORTS
19. 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.
CLOSED SESSION
1. Closed session minutes of February 20, 2024 meeting – APPROVE AND FILE
2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: Hangar H
Agency Negotiating Party: City Manager, Airport Manager Negotiating Party: Mark Boutilier
Under Negotiation: Possible exercise of City’s right of first refusal to purchase Hangar H
3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: APN 223-052-02 S 34 T32 R 33 NE1/4 (Exc Rd)
City Negotiators: City Manager, Public Works Director
Negotiating Party: Melendez Family Survivors Trust
Under Negotiation: Price and terms of payment
4. CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: (one potential case)
5. 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
CALI RNIA
COUNC!L REPORTS
MEETING DATE: MARCH 18,2024 AGENDA SECTION: CIW CLERK
DEPARTMENT
APPROVED
CITY
TO: HONORABLE MAYOR DAVIES AND COUNCIL MEMBERS
ASHLEY WHITMORE, GENERAL SERVICES DIRECTOR
MARCH L3,2O24
SUBJECT: CITY COUNCI L APPOI NTMENT
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. Ms. Wiggins term was set to exprire following the certification of the November 2026 election. As the vacancy occurred in the first half of the term and more than 130 days from the next general municipal election, the appointed resident will only serve until the certification of the November 2024 election, at which point the seat will be filled by an elected candidate. ln response to the publication, the City Clerk's office received one application, from Hannah Chung, a resident and registered voter of District 5.
RECOMMENDATION
APPOINT ONE MEMBERTO THE TEHACHAPI CITY COUNCITTO COMPTETE ATERM TO EXPIRE FOIIOWING THE CERTIFICATION OF THE NOVEMBER 2024 ETECTION
(66t) 822-2200
Far (661) 822€559
City of Tehachapi
Received
MAR I 820?4 TEHACHAPI ll5 South Robinron Street
Teti.d.pi, CA 93561-1 722
ww.tehachapicityhal l.com
CI'I'Y C K'S OFFICE Live Up
APPLICAT{TS ARE ENCOURAGED TO COT{TACT EACH COUI{CIL TIETIBER TO COMTTUIITCATE THEIR INTEREST FOR APFOINTIIENT.
Submat Appllcation To: Clty Clerk's Offlco
1 t5 South Robin;on Strcct
Tchachepi, CA 93561
Hannah Chung
Voter APPLICATION FOR APPOINTMENT
es "/ No
Vyes
[- No
OFFICE USE ONTY
City Resident:
Name
Address
City
509 Savannah Place
Tehachapi
phoneNumber (6Ot)333-8050
State CA Zip Code 93561
Fax Number
Email [email protected]
Position(s) Sought (List in order of preference)
1. City Council
2. 3.
4. occupation Retired
Business Name
Address
City 5tate Zip Code
Phone Number Fax Number
Education - List schools attendd and/or graduated, as well as degree(s):
Bachelor of Science degree - Business Administration with a concentration in Computer lnformation Systems from California State Polytechnic University (aka Cal Poly, Pomona) Page I of2
Other special training or experience:
Took several business management courses while lwas in MBA program at Cal Poly, Pomona Previous and present governmental and civic experience. lndicate when, position, and duties:
I worked for the City of Tehachapi from August 1999 through March 2022 as a Finance Director. My responsibilities included, but were not limited to: 1. Managing accounting and financial matters for the city, 2.
Handling risk management, 3. Coordinating human resources and personnel relations, and 4. Overseeing the contracted transit service operation.
Please explain why you wish to serve on a Board/Commission for the City of Tehachapi:
My desire is to make a positive contribution to the city where I reside and where l've raised my children Do you have any interests or associations that might present a conflict of interest? yes f Fyes, please explain below. ftfo R Please attach your resume and any additional information or statements that you feel would be helpful in reviewing your qualifratbns
AUTHORIZATION AND RELEASE
I understand that in connection with this application for appointmenL the information contained herein will be made available to the general public upon request.
Signature Field Date/Time Field 3
,
,
,1*l
This document is a public record and may be disclosed/released pursuant to the California Public Records Act
CITY OF
TEHACHAPI
CALIFORNIA
COUNCIL REPORTS
MEETING DATE: MARCH L8,2024 AGENDA SECTION: CHIEF OF POLICE
DEPARTMENT
APPROVED
CITY
TO: HONORABLE MAYOR MICHAEL DAVIES AND COUNCIL MEMBERS
FROM: RICHARD STANDRIDGE, CH!EF OF POLICE
DATE: MARCH L2,2024
SUBJECT: POIICE DEPARTMENT PROMOTION, EMPLOYEE RECOGNITION AND SWEARING lN
BACKGROUND
ln February 2024, a competitive promotional testing took place at the Tehachapi Police Department for the position of Police Lieutenant. As part of the reorganization approved by council in November 2023, the testing process was done to select two new Police Lieutenants to serve the citizens of Tehachapi. The rigorous testing process included a professional panel interview, community panel interview, written assignment and culminated with a Chief of Police, City Manager interview. After the completion of the competitive process the decision was made to promote Sergeant Jason Dunham and Sergeant Justin Ruppert to their new positions as Police Lieutenant. I would like to ask the Mayor and Council to join me in publicly recognizing and congratulating them on their hard-earned and well-deserved promotions.
Priorto the beginning of 2O24,Tehachapi Police Department Command and Supervisory Staff made the decision to recognize an outstanding department employee each quarter of the calendar year. Our employees serve this community with honor and professionalism daily, and it is important to publicly recognize them for their hard work. The first employee to earn this honor and did so unanimously is Code Enforcement Officer/Level ll Reserve Police Officer Anthony Bonelli. Please join me in recognizing Officer Bonelli as he receives this public recognition.
Lastly, in 2023, the Tehachapi Police Department made the decision to hire Police Cadet's and send them through a Police Academy and upon graduation return to the Tehachapi Police Department and become an entry level police officer. On March 8, 2024, Police Cadet Christian Laverne completed basic police academy training at the Kern County Sheriffs Department Basic Academy. Join me in congratulating Officer Laverne on this accomplishment and welcome him to the City of Tehachapi and Tehachapi Police Department team !
RECOMMENDATION
The Chief of Police is asking the Council to join me in recognizing our outstanding employees in their promotions, recognition, and graduation.
TEHACHAPI POLICE DEPARTMENT COMMUNITY ROOM
220 WEST C STREET
MINUTES
TEHACHAPI CITY COUNCIL REGULAR MEETING,
TEHACHAPI REDEVELOPMENT SUCCESSOR AGENCY REGULAR MEETING,
TEHACHAPI PUBLIC FINANCING AUTHORITY REGULAR MEETING, AND
TEHACHAPI CITY FINANCING CORPORATION REGULAR MEETING
MONDAY, MARCH 4, 2024 – 6:00 P.M.
NOTE: Sm, Da, Pa and Po are abbreviations for Council Members Smith, Davies, Pauer, and Pogon-Cord, respectively. For example, Pauer/Sm denotes Council Member Pauer 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
Absent: None, Vacancy
INVOCATION
Led by Pastor Kyle Phillips, Grace Fellowship Church
PLEDGE TO THE FLAG
Led by Councilmember Smith
COMMUNITY ENGAGEMENT REPORTS
1. Tehachapi’s Extraordinary Women Recognition - PRESENTATION
2. Mayor to present a Certificate of Recognition to the American Association of University Women Tehachapi Mountain (AAUW) for their 40th Anniversary -
PRESENTATION
POLICE CHIEF REPORTS
3. Community Partnership and Certificate of Appreciation to Maryann Paciullo –
PRESENTATION
Tehachapi City Council Regular Meeting –March 4, 2024
Tehachapi Redevelopment Successor Agency Regular Meeting Tehachapi Public Financing Authority Regular Meeting And Tehachapi City Financing Corporation Regular Meeting ACTION TAKEN
4. Consent agenda Sm/Po Ayes All
AUDIENCE ORAL AND WRITTEN COMMUNICATIONS
5. Public comment
CITY CLERK REPORTS
* 6. Minutes for the Tehachapi City Council, Tehachapi Redevelopment Successor Agency, Tehachapi Public Financing Authority, and the Tehachapi City Financing Corporation regular meeting held on March 4, 2024 – APPROVED AND FILED Approved And Filed
Sm/Po Ayes All
FINANCE DIRECTOR REPORTS
* 7. Disbursements and bills for February 14, 2024 through February 27, 2024 -
AUTHORIZED PAYMENTS
Authorized Payments
Sm/Po Ayes All
8. RSI Disbursements and bills for February 14, 2024 through February 27, 2024 –
AUTHORIZED PAYMENTS
Mayor Davies Recused Himself
Due To A Potential Conflict. He
Is An Employee Of RSI.
Authorized Payments
Sm/Pa Motion Carried
Abd Da
9. Fiscal Year End 2023 Financial Reports - PRESENTATION
10. PUBLIC HEARING – Conduct a public hearing to receive public testimony concerning the transit needs within the city. The City of Tehachapi provides a transit service named Dial-A-Ride through Kern Regional Transit. The average cost per rider from 2022/2023 was $72.57– OPENED HEARING AT 6:39 PM; NOTICE OF PUBLIC HEARING WAS PUBLISHED ON JANUARY 31, 2024 IN THE TEHACHAPI NEWS; NO CORRESPONDENCE RECEIVED; FINANCE DIRECTOR HAMED JONES GAVE STAFF REPORT; NO PUBLIC COMMENTS; CLOSED HEARING AT 6:42 PM; ADOPTED RESOLUTION NO. 03-24 FINDING THAT THERE
ARE NO UNMET TRANSIT NEEDS THAT ARE REASONABLE TO MEET WITHIN THE CITY
Adopted Resolution No. 03-24
Finding That There Are No
Unmet Transit Needs That Are
Reasonable To Meet Within The
City
Po/Pa Ayes All
AIRPORT MANAGER REPORTS
* 11. Aeronautical Hangar Ground Lease Agreement – Hangar 14E – APPROVED THE AERONAUTICAL HANGAR GROUND LEASE AGREEMENT FOR HANGAR 14E
BETWEEN THE CITY OF TEHACHAPI AND BENITO AND CORA GUTIERREZ AND
AUTHORIZED THE MAYOR TO SIGN, SUBJECT TO CITY MANAGER AND CITY
ATTORNEY APPROVAL
Approved The Aeronautical
Hangar Ground Lease Agreement
For Hangar 14e Between The City
Of Tehachapi And Benito And
Cora Gutierrez And Authorized
The Mayor To Sign, Subject To
City Manager And City Attorney
Approval
Sm/Po Ayes All
Tehachapi City Council Regular Meeting –March 4, 2024
Tehachapi Redevelopment Successor Agency Regular Meeting Tehachapi Public Financing Authority Regular Meeting And Tehachapi City Financing Corporation Regular Meeting ACTION TAKEN
DEVELOPMENT SERVICES DIRECTOR REPORTS
12. Brentwood Pedestrian Facilities Project – Bid Award – DEVELOPMENT SERVICES DIRECTOR JAY SCHLOSSER GAVE STAFF REPORT; AWARDED THE BRENTWOOD
PEDESTRIAN FACILITIES PROJECT (BASE BID PLUS ALL ADDITIVES) TO CEN-CAL CONSTRUCTION IN THE AMOUNT OF $223,585.00 AND AUTHORIZED THE CITY
MANAGER TO APPROVE ANY NECESSARY CHANGE ORDERS UP TO A
MAXIMUM OF 10% OF THE ORIGINAL CONTRACT (OR $22,358.00)
AWARDED THE BRENTWOOD
PEDESTRIAN FACILITIES PROJECT
(BASE BID PLUS ALL ADDITIVES)
TO CEN-CAL CONSTRUCTION IN
THE AMOUNT OF $223,585.00
AND AUTHORIZED THE CITY
MANAGER TO APPROVE ANY
NECESSARY CHANGE ORDERS UP
TO A MAXIMUM OF 10% OF THE
ORIGINAL CONTRACT (OR
$22,358.00)
Pa/Po Ayes All
CITY MANAGER REPORTS
13. Report to Council regarding current activities and programs – VERBAL REPORT
COUNCILMEMBER REPORTS
CLOSED SESSION
1. Closed session minutes of January 16, 2024 meetings Tabled
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 Section 54956.9
Name of Case: Tehachapi-Cummings County Water District v. City of Tehachapi, et. al.
ADJOURNMENT
The City Council/Boards adjourned at 6:50 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, March 18, 2024 at 6:00 pm.
Adjourned At 6:50 pm
__________________________________
TORI MARSH, CMC
City Clerk, City of Tehachapi, California
Approved this 18th day
of March 2024.
___________________________
MICHAEL DAVIES
Mayor, City of Tehachapi, California
CITY
TE HAC HAPI
CALIFORNI
COUNCIL REPORTS
MEETING DATE: MARCH 78,2024 AGENDA SECTION: CITY CLERK REPORTS
APPROVED
DEPARTMENT H
CITY MANAGER
TO HONORABLE MAYOR DAVIES AND COUNCIL MEMBERS
FROM: ASHLEY WHITMORE, DEPUW CITY CLERK
DATE: MARCH L3,2024
SUBJECT: TAXICAB APPLICATION - CHANGE lN OPERATION
BACKGROUND
Tehachapi Municipal Code 55.28.140 states that in the event that any permit holder desires to change his schedule of rates and charges, or color scheme, name, monogram or insignia used on such taxicab, or to substitute any vehicle for and in place of the vehicle or vehicles described in the application for permit, or to increase or decrease the number of vehicles operated by him, he shall first make application for permissions to do so from the city council, which permission shall be granted if, in the discretion of the city council, it deems the public interest, necessity and convenience will be subserved by such change, and provided further that the permit holder has complied with all provisions of this chapter.
Application for changes, as above provided, may be heard with or without notice, as the council may specify, and may be filed without a fee if the council consents thereto.
Shazad Ali, owner of Star Taxi, submitted a completed new Business Tax Certificate Application with the following changes in operation:
Name Change -
Current business name: Star Taxi
New business name: Blue Line Taxi
Vehicle Change -
New vehicle information: 2009 Suburu, License Plate CALLALI Monogram or lnsignia -
See attachement
Before the permit can be issued, the applicant must provide the following:
o A certificate of insurance showing the paid up existence of insurance of 5300,000 or more and the insurer's agreement to notify the City 30 days in advance of any cancellation of the policy. . A California Driver's License Class C
. Police Permit Application
. Taxicab Driver's Permit (for each driver)
OPTIONS
o Direct City Clerk to issue Taxicab Permit after City conditions have been met. . Request additional information from owner
. Do not issue Taxicab Permit
RECOMMENDATION
DIRECT THE CIW CLERK TO ISSUE TAXICAB PERMIT AFTER APPLICANT HAS MET Att CITY CONDITIONS.
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Checks by Date - Detail by Vendor Number
Usq: afrescas
Printed: J/1312O24 9:03 ANI
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CheckNo Vendor No
Invoice No
Vetrdoi Name
Description
TEHACHAPI
CAL ORNIA
Check Date
Refer€nce
Check Amount
ACH 0017
127271
727271-A
727271-B
American Busircss Machires
PWCa$oa Copi6 Jr! I s-Fet V 2An
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Swr/Canod CoDie! J6n I 5-F& 14 2024
Total for this ACH Check for Vendor 0017:
Total for Vendo.0017 (Amsrican Business Machines):
The Bakersfi eld Califomian
Bretrtwood Faciliti€s
Trafrc F€e Program-Public Notice
GGiIog Ord Sumnnry
Total for this ACH Check for VeDdor 0030:
Total for Vendor 0030 (The Bakcrsfield Californiau):
BSK Associatcs
Swr/GrouDd Water Monitoiing
Wtr/Drinking Water Satnples
Wt/Ddlkitrg Wate! SaDples
Total for this ACH Cbeck for Vendor 006 I :
Total for Veodor 0061 (BSK Associates)i
P&J Elechic Inc.
New Gate at Shop
Swr/Hesdworks
SdH€sdwo*s/Scum Pit
Total for lhis ACH Check for V€ndor 0182:
Total for Vendor 0182 @&J Electric lac.):
Mission Linen & Unifonn Service
PWLinetr Maidt/Mab
Swr/WWT? Mats
Total for this ACH Check for Vendor 0300:
Total for Vedor 0300 (Mission Linen & Unifonn Service):
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AP Checks by Date - Detail by Vendor Number (3/13 m24 9:03 AM) Page t CheckNo Vetrdor No Verdor Name CLeck Dat€
Reference
Cb€ckAinount
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02212024-B
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02262024-D
02262024-E
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030t2024-D
03012024-E
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0301202+G
030t202+H
030t2024-r
030t2024-t
030t20u-K
030120u-L
03012024-M
030r2024-N
0301202+0
0301202+P
0301202+Q
03012024-R
03012024-5
030t2024-T
03012024-U
0301202+v
030r202+w
0301202+x
03012024-v
030t20u-z
030120u-zA
03012024-zE
030r2024-zc
0301202+m
0301202+zE
0301202+zF
030t2024.zG
030t2024-m
03012024-zl
0301202+a
o301202+zK
030t2024-zL
03M20U
03052024
030s2024-A
0305202+8
0305202+C
03052024-D
03052024-E
030s2824-F
0305202+G
03062024
Southern Califomia Edisotr
Strty8000502976/318 East E Srrar 22-Feb 20 2
PW80001 I 15 136/1 14 S creetr Srran 22-Feb 20
strts/8000973948/113 S Mojave Sr/Jan 22-Feb 2
Stts/8000096590/205 N Mi[ SyJar 25-Feb 25 2
Strts/8001230096/335 Tehachapi Blvd Pe.d/Jan 2
Strty8003365285/Tehchapi Blvd w/o creeD/Jan
Sbls/8003E87352103 Tehachagi Blvd/Jan 25-Fe
Strts/8003887511/101 E Tetachapi Blvd #B/Jan
PW800O|13506/801 Moutrtain View Ave./Jrn 2l
Strtr/E002371967/1 002 W Teh6chapi Blvd A,iJa!
Strtv8002386384n 002 W Tehachapi Blvd Bdan
Strts/80025 I 5 I 7glT€hachapi-Tucker/Feb 2024
S*r/80038865l4nehact/I002 WTehachapi Blv
strts/6002457897/800 S Cury srFeb 2024
Strts/8002748942[ehachapi Blvd-Dennison Rd/
Strts/80025 I 57so^4ulbeny-Br€Dtwood/Feb 202
Stnv8000952476^r'auey Blvd-Mulbeny SVFeb i
LLD/800284I9l7Pinon St-E Orchard-Cuny Sr/
LLD/800403305/&Mill Sr-D StlF eb 20z.
Strts/80028,9782/Va ey Blvd Wo Dennison/Fet
PW8000691 5,10/800 Enteq'risatF eb 2024
PWE002992907800 Edterprise Shop/Jan 17-Fe
Swr/E003327285/800 Enterprise Facility/JaD l7-
Strts/800239748E/Tehachapi-DeDdso!,/Feb 2024
Strts/8000489050/TR 2995 Oakwmd-Valey/Fet
Strtv80019169 l5l100 W Tehschapi Blvd #A/Fel
Strts/8001941899n 0l West F SVFeb 2024
LLD / 80024 525 49 f f R 2995 Oakwood-Valey/Fel
srts/8002452549/TR 2995 Oakwood-Valley,/Fet
Strts/800281 7959/Tircker Rd-Hwy 202lFeb 2024
Strts/8002454554 viill and J SyFeb 2024
StrttE003094036/H St-&een Sr/Feb 2024
LLD|8000679393/TR45361 Mulbeny/Feb 2024
Strts/80024E575944i[ ad I St/Feb 2024
StrtV8002738103/F St do Mulbeny/Feb 2024
LLD/8004243m48 T&a.hapi Blvd-Steuber Rd.
LLD1E002843239/Deinison-Pinor St/Feb 202
Strts/8002489190/213 West I St/Feb 2024
StnV8002502 r8/HiebliDe & Curry/Feb 2024
StnV8003326?95/326 E€st D StFeb 2024
Strts/8003354214/303 EastAve D/Feb 2024
StrtyEoo28003 84/Tucker -Va[ey E 6 2024
Strty8002826534/?01 W Tehachapi Blvd/Feb 20
Strts/8002503365[ehachs?i Blvd-DelrisoD/Fet
StrwEoool 17087Highway 2028 & 2024
Strtv80027??497coo&ick Dr e,/o Dennison /Fel
LLD/E002852577 nehn h^pi Blvd-Bailey Av€/F
LLD/8002829317 |.Malla ni.tr-Grrf,nlFeb 2024
Wt/8004425404/126 S Snyds Ave/Jan6-Feb 5:
Wtf/8001 I 1965 Vcuny WelyF.b 2-M.ar 4 2024
Wh/80004881 89/Pircn WelUFeb 2-Mar 4 2024
LLD/8000293383/1347 Clasico Dr Ped/Feb 2-M
LLD/80002%695/1 I I 5 Alder Ave Ped,/Feb 2-Mz
LLD/80O030204E/1415 AlderAve Ped/Feb 2-M{
Wk/8000641860/1299 S Curry St/Feb 2-Mar 4 2
LLD9006I9E456061 1002 Applewood Puip Sto
GG/420 W Valley Blvd P edlFeb 2-Mar 4 2024
LLDI80033 E27t5l180 Valley/Feb s-Mar 5 2024
49.84 43.44
68.19 60.14
4r.92
29.60 40.94
130.43
42.19 85.1s
4t.92
57.08 361.64
71.77 1t3.28
E6.E6
68.06 386.21
la36
524.83
65.03 259.49
1,058.1r
150.36
149.05
73.t3
134.01
300.13
9,rE2.29
203.55
88.14 t7t.23
69.99 108.29
305.81
61,47
1448.76
13.96 19.10
36.99 20.75
17t.99
19E.02
19.10 7 r.17
251.@
91.90 32r.94
86.31 5,014.99
3,378.06
41.30 17.0E
16.52 2,67s.97
1,,{05.65
l8.El
15.59 AP Chects by Dat€ - Detail by Vendor Number (3113D024 9j3 l\l\'fl Page 2 CheckNo Vendor No
Invoice No
Vendor Name Check Date
Reference
Check Amoutrt
03062024-A
03062024-B
0306202+C
03062024-D
03012024
03072024-A
0307202+9
0307202+c
03012024-D
03072024-E
030't2024-F
03072024-G
03072024-H
03072024-l
ACH 0426
TCWD3624
TCWD3624-A
TCWD362,l-8
TCWD3624-C
TCWD3624-D
TCWD3624-E
TCWD362+F
TCWD3624-G
TCWD3624-H
TCWD3624-I
TCWD362+J
TCWD362+K
Wd8004628073/129 Brentwood DrlFeb 5-Mar :
LLD/8001628131/311 Sutter St/Feb s-Mar 5 20i
LLDnool628562l50l U2 Pinon/F€b 5-Mar 5 2{
LLD/8000259694/110 1, sutter srtreb s-Mar 5
LLD/8000844933/1 I 5 Manzadta Ln/Feb GMar
Strts/8000850180/209 E HiCirc Rd Ped/Feb 6
LLD/8000191339/1 199 Canyon Dr E/Feb 6Mar
LLDl8o00l92404/1200 S DennisoD,/Feb 6-Mar (
LLD/a00019343811202 S Demisod,/Feb GMar t
LLD/E000195859/1000 Canyon Dr WFeb 6-Ma
Swr/t003048390/755 St€uber WeI/Feb 6-Mar 6
Strtd8001470568/1300 Goodrick Dr #z"treb GIv
wtr/800,1425404/126 S Stryder Ave/Feb GMar 6
Drai.D/80011 15579/409 Bailey Ave/Feb 6-Mar 6 .
Total for tlis ACH Check for Vendor 0372:
Total for Vendor 0372 (Southem Califomia Edison):
Stato Codtroller's Offic€
Strts/Sheet Repolt 22-23
Tolal for lhis ACH Check for Vendor 0404:
Total for Veudor M04 (Slate Controllels Office):
Tehachapi-C"mrnings County Wat€i Distri(
Wtr,/?emzoil Quaker State/#005399/F et 2024
Wh/Hcnway Ladscaping/#0054008 eb 2024
Wtr,AIr'asE MgDt Ladscaping/#005401/Feb 202
Wt/TUSD Laddscaping/#0054028 eb 2024
LlDlwarrior Park Laodscapi4/#005403/Feb 20
LLD/COT Landscaping/#o0s 40 4 E S 2024
LLDICOT Median Lan&capidg/#005,{05/F6b 2(
WIr/TUSD-DN2 Landsca'pln.gl fl O05 43 4 E eb 2O2'
Wt/TUSD-DN4 Ladscapiael ffi 0 5 43 5 lF eb 20,
Wtr/TUSD-DN6 Landscapiael ffi 05 437 E eb 202'
Wh/TUSD-DN8 LaDdscapiael ffi OS 438 /F eb 202'
Gc/Steuber Landscaping/#0056r 3/Feb 202
Total for this ACH Check for Vetrdor 0426:
Total for Vendor 0426 (Tehachapi.Cummings County Water District):
Tehachapi Flower Shop
SlmpathyArraagelre
Tot5l for lhis ACH Check for vetrdor 0428:
Total for Vendor 0428 (Tehachapi Flower Shop):
Tehachapi News
Brsntwood Ped Facilities
City Comcil Appointment
FOG Od SuDmary
2,E35.43
15.59 15.59
15.59 16.14
15.59 15.59
15.59 15.59
16.41 98.24
15.59 86.72
31.94 33,390.29
ACH 0404
FAUD-00004249
33,390.29
2,786.03
2,786.03
2,786.03
2t.09
4.50 4.50
4.50 4.50
9.05 4.50
4.50 4.50
4.50 4.50
4.50 75.14
ACH 0428
KBzr424
75.t4
75.00 ACH 0431
0124109028
0124109028-A
1223109028-A
75.00 525.60
76.00 t29.10
AP Checks by Date - Detail by Vetrdor Number (3/13n024 9:8 AM) Page 3 CheckNo Vendor No
Invoice No
Vendor Neme Cleck Date
Reference
Check Amount
Totil for this ACH Cbeck for Vendor 043 I .
Total for Vedor 0431 (Iehachapi News):
HD Supplies Inc.
Wtsfiools
Wh/Paint for Martiry
Wtr/Stir Bar
Toral for this ACH Check for Verdo( 0450:
Total for V€ndor 0450 (IID Supplies Inc.):
WITTS Everything for rhe Office
Gc/Phaser5s5O Toner Crtdg & Dnrm
Total for this ACH Chect for Vend,or 0476:
Total for Verdor 0476 (WITTS Everythhg for the Office):
Safety-Kleetr Systems Inc.
Pw/oil Disposal
Total for this ACH Check for Vendor 0509:
Total for Vendor 0509 (Safety-Kl€str Syster6 Inc.):
Kem Machinery
PWE-206 Filters
Total for this ACH Check for Veidor 0561r:
Total for Vendor 0560 (Kem Machinery):
731.30
ACH 0450
29702r
rNv00022686
INV00(D4925
731.30
2r2.98
135.75
4.81 353.54
353.54
ACH 0476
337E07 920.09
920.09
ACH
920.@
r74.00
0509
93E78777
0560
10t-1133774
0745
1562215
0817
10t915416
r01917109
174.00
174.00
163.95
ACH
ACH
ACH
163,95
Jim Buke Ford
GG,4/-29 Repair
163.95
61.16 Total for lhis ACH Ch€ck for V€ndor 0745:
Total for Vendor 0745 (Jim Burke Fod):
Kimball Midwcst
PWShop SuFplies
PWDrill Set - Facilities
Total for this ACH Check for Vendo( 081?:
Total for Vendor 0817 (Kimba Midu,est):
ACWA/JPIA
Medicsl Insurarce Premium & AdjusmenuApr:
61.16 61.16
297.41
289.84
581.25
ACH 0832
0702152
587.25
79,555.59
AP Checkr by Date - D€tail by Vendor Numbcr (3/13 /2024 9:03 AM) Page 4 CheckNo vendor No
Invoice No
Vendor Nrme Check Date
Reference
Check Amourt
0702152-4.
0102ts2-B
0'702152-C
0842
T19436
T19436-A
1034
sIN036l50
srN036633
t44t
9018075631
9019301549
90r9301549-A
19t2
#l
#2
#3
De[tal Inrurance Pregriurd & Adjustrded/Apr 2(
Vision lDsurarc€ Premium & Adjustment/Apr 2(
Life lnsurance Preiiiurn & AdjustmedApr 202r
Toral for this ACH ChecL for Vendor 0832:
Total for Vendor 0832 (ACWA/PLC'):
Kem Courty Public Works Dept.
Dial A Nde - Total Operation Coss
Dial A Ride - Less Farcbox Revenue
Total for this ACH Check for Vendor 0842:
Total for Vendor 0842 (Kcm County Public Works Dept.):
Hitrderlitgr del-lamas & Associates
3Q24 Sales Tax
3Q2023 Audit Svce Jan-Mar 2024
Tolal for this ACH Check fo. Veddor 1034:
Total for Ve[dor 1034 (Hindetliter dellanas & Associates):
Grainger
Pwsafety Signs
Pw/Iools
Pwsafety Supplieg
Total for tbis AcH check for Vedor l't41 :
Total for Vendor l44l (Grainger):
Bakersfield Well & Pump Company
Defiison WeIl Rehab
Defidson Well Rehab
Dea4isod well Rehab
Total for this ACH Check for V€ndor 1912:
Total for Vetrdor l9l2 (BakErsfield Well & Pump Company):
Sun Vall€y Lighting
Valley Park
Toral for thb ACH Check for VeDdor 1946:
Total fol Vetrdor 1946 (Sun Valley Lighting):
Union Pacific Railroad
Gc/Public Pa*irg/RobiDson & E/Taco Samich
9,181.13
1,503.78
1,958.50
92,799.60
92,79.60
t1A34.87
-200.00
ACH
ACH
ACH
ACH
t7,234.8'l
t7,234.87
2,314.59
600.00
2,914.s9
ACH
2,914.59
32.46 t4t.23
591.41
765.tO
765.t0
16,000.00
24,950.00
68,1t5.00
109,135.00
r09,r35.00
t5453.77
1946
143228
ACH 1973
331611059
t5As3.77
t5453.77
7,524.29
AP Cheoks by Date - D€tail by V€ndor Nu$er (3113m24 9103 l\M) Page 5 CheckNo Veldor No
Irvoice No
Vendor Name Check Drte
Reference
Check Amourt
Total for this ACH Check for Vedoi 1973:
Total for Vendor I 973 (Union pacifrc Railroad):
Coffee Break Service Inc.
PD/Cofree Station Inst ll
Total for this ACH Check foi Vetrdor 2147:
Total for Vendor 2147 (Cotree Break Sewice Inc.):
Holliday Rock Co. Ioc.
PY//Concr€te at Shop
Wh/Corcr€te at Shop
Swr/Concr€te at Shop
Torol for lhis ACH Chect fot VeEdor 2600:
Total for Vendor 2600 (Holli<lay Rock Co. Inc.):
Cotrsolidated Electrical Dist.
Stts,Mi St Light Replacededt
Total for this ACH Check for Vendor 2776:
Total for Vendor 2776 (Colsolidated Eloctrical Dist.):
Cardmember Service
PayPal - Ac.cla ODlire PayEeny'Jatr 2024
Toral for lhis ACH Chect for Vendor 2893:
Total for Vendor 2893 (Cardmernber Service):
AT&T
GG/City Hall Line I #9391006712/Feb 6-Mar 5
Swr/WWn Office #9391006713/Feb GMar 5 2
RR/Rail Road Depot #9391006715/Feb 6-Mar 5
Swr/Lift Statiotr #9391(P67l6lFeb 6-M2tr 5 2W
GG/City Ilall Fax #9391006?17lFcb GMr 5 20
Air/ASr'OS #9391006718/Feb 6Msr s 2024
PWDSL Fax #9391m67198fr'.J 6-Mltr 5 2024
Air/Fuel SysteD #9391006720/Feb &M,f 5 202,
LLD AutoDial 1002 Applewood Pnp Sttr #9391
Total for this ACH Check for Vendor 2963:
Total for Vendor 2963 (AT&T):
Verizon Wireless
CElLlobile Broadbaad #37223767 6lJan 2l-Feb t
PDA,Iobile Broadbad #3?2237676/In 2l-Feb ,
7,524.29
ACH 2147
17555
7,524.29
98.13 98.r3
ACH
ACH
2600
t6t2n92
t612092-A
r6t2092-B
9E.13
62r.35
621.36
at36
t,8&.07
1,864.0'1
4,E71.25
ACH 2',1'76
0351- l 102331
ACH 2893
0618
4,871.25
4,E7t.25
30.00 30.00
2963
21371943
21311944
2137t945
2t37t946
2t371947
2137t948
2131t949
2t311950
2137t951
ACH 30ll
9957145401
9957 t45441-A
30.00 193.18
145.46
u.94
29.35 29.35
29.35 29.35
29.35 599.68
599.68
38.01 38.01
AP Checks by Date - Detail by V€ndor Number (3 /BnO24 9.03 AIVD Page 6 ChcckNo VcodorNo
Itrvoice No
Vendor Name CheckDate
Reference
CheckAmount
ACE 3054
DOT22924
Total for lhis ACH Check for Vendor 301 l:
Total for Vendor 30 I I (Verizon Wt€l€ss)l
Deparhsnt of Transportatiotr
Aii/Outdoor Advertisidg PeEdt Rercwal for 20i
Tot4l for lhis ACH Check for Vendor 3054;
Total for Ve or 3054 (Dsparbr€trt ofTnnsportation):
AECOM Tecbnical S€reicas Inc.
BFtrtwood Ped F.ciliti€€
Teh Blvd Sidewatk
Capiial Hilh Arca R€$ufaciag
Sage PDP
RSTP Capital Ilills
Tolal fol ihis ACH Check for V€trdor 3066:
Total for Veldor 3066 (AECOM Tecbnic.l Services Inc.):
Seryio G. Soto
Pw^r'48 Tire
PW r'48 TLeRepair
Total for this ACH Check for V€ndor 3 173:
Total for V€'ndor 3173 (Seryio G. Soto):
Raynond's Trophy & Awards
GC/2r10 Plastio Sig!./R Si.odridge
Total for this ACH Chect foi Vendo. 3243:
Total for Vsndor 3243 @aymood's Trophy & Awards):
Asbley G. Whitrore
Welness Grant 2023-24lEquipm.rf
Total fo! this ACH Check for V€ndor 3343:
Total for Vend,or 3343 (Ashley G. Whituore);
Granite Corstructio[ Compady
sfts/siik Hole Repair on Michael
Totd for lhis ACH Ch€oL for v€ndor 3550:
Total for Verdor 3550 (Gradte Constuctioo Company);
'16.02
3,000.00
3,000.00
3066
200085082s
2m0850t25-A
2m0851288
200085r31?
2000862909
3,000.00
2,570.00
220.N
20,894.4t
28,719.00
21,917.65
74,32t.t3
74,32t.13
182.89
40.00 ACH 3173
1945
1969
ACH 3243
94894
\2.45
ACH
AW22824
100.00
ACH 3550
2656507 1,194.21
1,194.21
1,t94.21
AP Chccb by Dar€ - D€tril by V€ndor Nuob€r (3/13 niu 9.03 llvt) PaAeT Check No Vendor No
Invoice No
Verdor Name Check Drte
Reference
CheckAmount
ACH
ACH
ACH
JJOT
4733
4761
3680
46-1731285
3730
100817381
200583802
3910
MA3t224
4063
1t244870
Lisa wise Consulting Inc.
Housing El€ment Update
Housing Element
Totrl for this ACH Check for Vedor 3561:
Total for Vedor 3561 (Lisa Wise Consulti4 Inc.):
Voriex Industies Irc.
Airlcrcen St cate Repair
Total for this ACH Check for Vedor 3680:
Total for Veodor 3680 (Vort€x I[dustries Inc.):
Tnctor Supply Crcdit Platr
Wt/Toolt
PWShop Lock Pias
Total for this ACH Check for Vmdor 3730:
Total for Veudor 3730 (Tractor Supply Credit Plan):
Diamotrd Tecbnologies
IT/Wor*statiotr Lifecycle
PD/L.ptop trstall
Total for this ACH Check for Vendor 3807:
Total for Vedor 3807 (Diamond Tecbnologies):
El Popular brc
Northsid€ Side*dks m
Total fol this ACH Chect for Vetrdor 3900:
Total for Vendor 3900 (El Popular Inc):
Michael PAdams
Peristible Skills-FrEsmr'Mar 25th-29th 2O24Me
Tolal for this ACH Ch€{k for Vendor 3910:
Total for V€ndor 3910 (Michael P Ad'm9:
Language Line Services Irc
PD/Translatias Servic€d/Feb 2024
Toral for this ACH Check for Vendoi 4063:
ToAl for Vendor 4063 (Languagc Line Services Inc):
3,611.25
1,200.00
4,8tt.25
4,8u.25
5,617.88
5,6r7.88
5,61?.88
44.34 r5.10
59.44 ACH 3807
35273
352'14
ACH 3900
940E
59.4 344.25
4,315.50
4,315.50
8ss.00
855.00
307.00
307.00
307.00
3r.25
3t.25
31.2s
AP Ch€cks by Dat€ - Detail by Vendor Numba (3/13/2024 9:03 AMI Pace 8 Check No Vendor No
IrYoice No
Vendor Nrme Check Date
Reference
Ch€ck Amount
ACH
ACH
ACH
ACH
4tt6
836
Cradord & Bowel Planning lnc
Ttoct7403
Total for lhis ACH Ch€ck for V€trdor 41 16:
Total fo( Vendor 4l 16 (Crawford & Bowen Planning Inc):
Vy'aste Marragement
RetrRefirse Cofiact/Jan 2024 Biliing
Ref/Recycling Contracrratr mu Birding
Ref/Kem Couty Bin Disposal Fees/Jarl2024 Bi
Total for this ACH Check for Veodor 4142:
Tolal for Vendor 4142 (Waste Managem€nt):
Core & Main LP
Wtr/Tools
Swr/Dewater Buildidg Plumbiry
Wtr/Repaii Ia6k
Total for this ACH Check for Vendor 4157:
Total for V€ndor 4 I 57 (Core & Main LP):
Data Ticket Inc.
CElcitatiotr hocossiDg
PD/Citatiotr Proc€ssiag
Total for this ACH Check for Vctrdor 4 t 94:
Total for Vendor 4194 (Data Ticket Inc.):
American Assoc of Airpot Executivcs
AirlAfrliare Membership May | 202+Apr 30 2l
Toral for this ACH Check fo! Vetrdor 4294:
Total for Veddor 4294 (American Assoc ofAirport Executives):
Wex Batrk
PD/Fuel for Patrol CarVJan 2024
PD/Fuel for Patol CarVFeb 2024
Total for this ACH Check for V€tdor 43 15:
Total for Veudor 43 I 5 (wex Bank):
All American Unifornrs
PD/CommuricatioDs Dispatcher Patches
38,435.00
38,435.00
4142
0l312024-4.
01312024-B
0t3t2024-c
38,435.00
93,25t.12
19,705.01
19,931.93
132,888.06
ACH 4157
rNv0005695
v267527
u304531
u394124
4194
161349
161677
132,888.06
376.4s
105.93
92.01 r,397.06
I o?1 4<
1,97t.45
210.00
12.37 ACH
222.37
275.OO
4294
113905E
4315
95001876
95637130
275.00
235.78
433.52
669.30
ACH 4340
2404
669.30
215.42
AP chocls by Date - Detail by vendor Nmbe! (3/13 /2024 9103 AW Page 9 CheckNo Vendor No
Invoice No
Vendor Name Check Date
Refer€trce
Check Amoutrt
215.42
3,521.98
ACH 4358
50918
ACH 4396
77931
Totsl for this ACH Check for Vendor 43,{0:
Total for Vedor 4340 (All American Uuiforns):
L%se Servicilg Center Inc
Swr/E-2l8Iras€
Torat for this ACH Check for Vendor 4358:
Total for Vetrdor 4358 (Lease S€rvicing CeDt€r loc):
Orkin
AirlPest Conrrol #3371 1033
PWPest Conhol #33712203
Swr/Pesr Contol #3371 2203
Wtr/Pest Conrrol #33712203
Total for lhis ACH Check for Veodor 4389:
Total for Vetrdor 4389 (Orkin):
Biddle Coosulting Group Ioc
PD/Or ine Critical Annual LiceDse thru Mar 27
Total for this ACH Check for Vendor 4396:
Total for Vendor 4396 (Biddle Corculting Group loc):
Springbrook Holding Co. LLC
CMc Pay & Pay Pad Trarsactiod Fe€s/Nov 2023
Civic Pay & Pay PadTrE saction Fees/Dec 2023
Civic Pay & Pay Pad TrEnsactiot FeeVJan 2024
Civic Pay & Pay Pad Tranractiol FeeVFeb 2024
Total for this ACH Check for Vddor,1400:
Total for Vsndor 4400 (Sprhgbrook Hotdiog Co. LLC):
Andy Orozco
Perishible Skills-Fresno/Mar 25th-29th 2O24Ade
Total for this ACH Check for Veador 4417:
Total fol Vetrdor 4417 (Andy Orozco):
Adventist Health Tehachapi
PD/Suspect M€dical Exp€r16€s
Total for this ACH Chect for Vetrdor ,1419:
Total for VEndor 4419 (Adventist Health Tehachapi):
3,527.94
ACH 4389
256397639
256398169
25639E169-A
256398169-8
3,52't.98
178.99
105.99
53.00 53.00
390.98
390.98
2,595.00
2,595.00
ACH ,t400
INV-o15ss 1
INV-o15783
INV-o16035
INV-o16217
2,595.00
848.00
t15.35
E't1.10
832.50
ACH 44t7
AO3t224
3,372.95
307.00
J07.00
ACH 4419
3730E6
307.00
289.00
2E9.00
AP Checkr by Date - D€tail by Veldor Nuhb€r (3/13 D024 9:03 AI''fl Page 10 CheckNo Vendor No
Invoic€ No
Vendor Nrme Check Date
Reference
CheckAmount
ACH 4420
2335392-235569E
Quadient Finance USA Inc. (ACII)
GcPriority Mail Jar 22-F* 19 2024
Total for this ACH Check for VEndor 4420:
Total for Vedor 4420 (Quadient Finsnce USA Inc. (ACH)):
Byme Softwarc Tecbnologies Ioc.
Professional Seflic€s Accela
Total for lhis ACH Check for Vendor 4565:
Total for Veldor 4565 (BFoe Softwarc Technologies loc.):
Rae Budge
CAPE Seoiaa/Robnen Park CA/Meals & IE
Total for this ACH Cheok for Veddor 4573:
Total for Ve'ndor 4573 (Rae Budge):
Pape Matedal Handling
PWE-212 R€pair
Total for this ACH Check for Vendor 4604:
Total for Vendor 4604 (Pape Ma&rial Handling):
477.36
417.36
477.36
r,650.00
ACH
ACH
ACH
ACH
4565
0t03591
4573
RB3l124
4604
9038532
4614
t0763-244
1,650.00
1,650.00
208.00
208.00
718.91
4leafIIrc.
Profcssional Services
718.91
3,471. t8
Total for lhis ACH Check for Vendor 4614:
Totrl for Vendor 4614 (4leaf Inc.):
Total for this ACH Check for Vendor 4617:
Total for vgndor 4617 (white Cap):
Total for lhis ACH Check for Veldor 4620:
Total for vsndoi 4620 (TJKM):
3A7t.r8
ACH 4617
50025503E29
5002s503E30
5002ss55E5r
ACII 4620
0055073
0055073-A
white Cap
Pwconcl€te Tools
PwcoDcrete Tools
Pwconcrete Tools
TJKM
Strts/Speed Survey
F€€ Study Update
3A7t.t8
40.23 186.15
730.69
951.01
95't.07
803.?5
4,015.00
4,E18.75
4,t1E.75
AP Chccks by Date - Detail by Veddot Nrmber (3/13 /2024 9103 AM) Page I I CheckNo Vendor No
Invoice No
Vendor Neme Check Dst€
Reference
CheckAmoutrt
ACH 4641
2024-31963
ACH 4647
r4t46421
ACH 4745
120028.00 c
120028.01B
120029.00 B
120029.00 c
120029.01 A
120029.01 B
ACH 4785
t 42282024
4746
8CM22724
ACH 4787
13391
Ten-West Towing, Itrc.
PWTE-33 to Bake,rrfield
Totrl for 6is ACIi Check for Vendor 4642:
Total for Vendor 4642 (Charter Communications):
U.S. BaDk
Inv€stment Accourt AdEin F.{F,Iaa 2024
Total for this ACH Check for Veador 4647:
Total for Vendor 46{7 (U.S. Bank):
Horizons Constuction Company
PSy',^ffater Tower Paint
PWWater Tower PaiDt
PWShop Gate AutoEatio0
PWShop Gate Aufomation
PWShop Gatc Automation
PWShop Gate Automatiorl
Total for this ACH Check fot Vedor 4745:
Total for Veodor 4745 (Iloizols Constuctioo Company):
Hugo Macias
Wel{ess Gret 2023-24lEquipment
Total for this ACH Check for Vendor 4785:
Total for Vendor 4785 (Ilugo Macias):
Bradford Cox Madhavani
Sign Crrnt Prcgan Rcinbulssment
Total for lhis ACH Check for Vendor 47t6:
Total for Veodor 4786 @radford Cox Madhavani):
CAPE Accounting
CAIE Trahing Semins/R Budge
5?'t.80
Toral for this ACH Check for Vendor 46{ I :
Total for Vendor rl6ll (Ten-West Towin& Inc.):
ACH 4$2 Charter Communicatioos
167752501022124 CG/IDtemet S€rvicevFeb 2l-Malr 20 2024
577.E0
s77.E0
t77.21
t71.21
177.21
247.63
247.63
247.63
2,t36.37
897.34
8,509,09
r,279.56
10,100.s0
531.6t
23,454.47
23454.47
100.00
100.00
ACH
2,325.97
232s.97
2,325.97
450.00
450.00
AP Checks by Date - Detail by Verdor Nlmbff (3/13 DO24 9103 A\tD Total for this ACH Check for Vendor 4787:
Pag€ 12
Ch€ckNo VendorNo
Invoice No
V€ldor Nrme Check Drte
RefereDce
Check AmouDt
ACH 4788
cT3ll24
Totrl for Veodor 4787 (CA?E Accounting):
Chicago Tide
Lrevocable Ofrer of D€dicotioo ATN #223-452-(
Totsl for rhi,s ACH Check fol Veddor 47t8:
Total for Vsndor 4788 (Chicsgo Tide):
Report Total (70 ch€cks): 620,071.25
AP Checks by Date - Mil by V€trdo. Nudb€t (3/13m24 9t03 N:tI) P4gp 13 Accounts Payable
Checks by Date - Detail by VendorNumber
User:
Pdnted:
CheckNo VctrdorNo
InYolc€ No
aficscss
3l13f2t2A 9:U2 AJttl
Vetrdor Nrme
DelcrDtioI
clrY or
CheckAmount
TEHACHAPI
CALIFORNIA
Chcck D.te
Rdercice
ACH 0362
$n555
03v/t01
RSI Petol€rm ?loduc8
Pg/rud€odd Gas/Di€s6l Fu€l
P$trulh.d€d Gas/Dierel Fu€l
3,99r.94
3,648.16
Total f6 ftisACH Check Sr V.odd 0362:
Totsl fc V€o&r 0362 (RSI P€tFol€m Prodrcts):
Report Total (l chec&r):
7,ffi.10
7,ffi.to
AP Ch€& by D.t - Debil by veodc Ndec (3/13/2@,1 9:02 AM) Pag. I
COUNCIL REPORTS
MEETING DATE: MARCH 18, 2024 AGENDA SECTION: FINANCE DIRECTOR TO: HONORABLE MAYOR DAVIES AND COUNCIL MEMBERS
FROM: HAMED JONES, FINANCE DIRECTOR
DATE: MARCH 14, 2024
SUBJECT: 2023/24 MID YEAR BUDGET ADJUSTMENTS
BACKGROUND
The Mid-Year Budget Adjustment process is completed and the adjustment summary is as shown below.
FISCAL IMPACT
In comparison to the 2023-24 original budget, the anticipated decrease in city-wide fund balance with mid-year budget adjustments is $286,437. A $23,432 fund balance increase for Landscape & Lighting District and Drainage Assessment District funds is expected as a result of mid-year budget adjustments. The major variances summary is attached.
RECOMMENDATION
Approve the 2023-24 mid-year budget adjustments as presented.
APPROVED
DEPARTMENT HEAD:_____
CITY MANAGER:_________
CITY OF TEHACHAPI
2023/2024 MID YR BUDGET ADJUSTMENT
MAJOR VARIANCES SUMMARY
Revenues Expenses
Increase (Decrease)
Sales Tax 446,904 Measure S district tax higher than anticipated Transient Occupancy Tax 74,000 Year to date up 7%
Motor Vehicle 99,998 % Increase based on assessed valuation change Development Services Revenue 275,334 Increased building activity Police Grant/Revenue 97,495 COPS Grant
Service/Admin Charges (SA-RDA) 230,000 Full RDA Admin Allowance approved by DOF Interest Income 100,000 Higher than expected interest rates CSJVRMA Refund 25,378 ERMA refund from insurance
Personnel Cost (23,186) Communications PT to FT conversion Computer Supplies 127,294 Citywide camera replacements
Community Promotion (6320 all depts) 44,000 Chamber staffing / Honor Flight / Pickleball / Valley Park Sign Grant Program 30,000 New program
Property Abatement (003) 17,080 Increased code enforcement Tree Removal (030) 46,500 Railroad Park Tree Removal / Mill St Drainage Insurance (26,674) Lower than expected premiums
Repairs & Maintenance (030) (27,000) Roof replacement moved to FY 24-25 Gas & Oil 48,176 Higher fuel costs
Contract Service (015) 172,800 Sales Tax Prep Agreement with CDTFA Reimbursable Consulting Services (050-6761) 100,000 Increased building activity Police Equipment (100) 456,460 Police vehicle purchases carried over from prior budgets Subsidy to Airport (010) decreased (207,208) Fund balance used from PY FAA grant revenue City St Rehab (320) 65,000 Engineering for FY 24-25 Road Rehab project Valley Rec Park (331) 241,128 Cost overages above grant amount City Funded Capital Proj (363) 124,654 E, F, & Pauley Grind Overlay project Other Revenues / Expenses 131,773 160,622 131,235
Tax Revenues Increase 145,943 Increased Streets & Roads LTF claim Transfers to City Funded St Projects 939,031 Projects carried forward from FY 22-23 Other Revenues / Expenses 54,633 88,992 All street maintenance related costs (827,447) Parks & Rec. Capital Project Fund 119,683 0 Timing
Facilities Impact Fee 136,383 136,383 Timing
Traffic Signals - Regional 255,434 0 Timing
Traffic Fair Share 42,931 (47,627) Timing
Building & Planning Capital Fund 83,629 12,000 Timing
Enhanced Striping 221,236 4,643 Timing
Beech St To Curry St Rehab 129,645 103,288 Timing
Brentwood Pedestrian Facilities 48,729 77,928 Timing
Tehachapi Blvd Bike Lane Fence (27,000) (24,954) Timing Northside Blvd Bike Lane Fence (66,500) (60,000) Timing Transit Ctr Sidewalk Connect 40,000 (252,972) Timing
Valley & Mill Gap Closure 65,000 65,000 Timing
Capital Hills Area Resurfacing 156,000 156,000 Timing
City Streets Pavement Rehab 65,000 65,000 Timing
Valley Blvd Rec Park 464,815 462,950 Timing
City Traffic Model/Mitigation 65,000 1,897 Timing
General Fund
Gas Tax /
Street &
Roads
CAPITAL PROJECTS
1 CITY OF TEHACHAPI
2023/2024 MID YR BUDGET ADJUSTMENT
MAJOR VARIANCES SUMMARY
Revenues Expenses
Increase (Decrease)
Pinon Road Extension (747,553) (602,837) Timing
Dennison Bicycle & Pedestrian Improvements (2,132,000) (2,072,110) Timing SB1/City Funded Street Rehab Projects 482,228 482,228 Timing All Other Variances are due to Timing 928 31,639 Return of excess funds 865,132 Retail Water Utility (43,000) Lower water sales due to wet winter Water Connection/Mitigation 177,892 412,500 Increased mitigation fee revenue / Water Rights purchases Personnel - Wage Allocation 33,282 Staff cross-training Repairs & Maintenance 55,000 Mill St Water Leak / PRV Maint / XIO Repairs Miscellaneous Improvements 20,000 Dennison Well Equipment Other Revenues / Expenses 417,627 432,254 Transfers within Water Fund to purchase water rights (400,517) Sewer Use Fee 141,374 CPI Increase
Loan Payment Collection 15,093 From Facilities Impact Fee Fund (129) Insurance Claims 20,131 Stolen Crane & Damaged Fence
Interest Income 23,830 Higher than expected interest rates Personnel - Wage Allocation (32,086) Reduced due to unfilled vacancies Utilities/Chemicals increased due to inflation 64,030 Higher Electric & Gas costs Repairs & Maintenance 28,142
Equipment Maintenance 42,500 Sweeper repairs
Equipment Rental 13,265
Miscellaneous Improvement 111,000 Headworks Screw and Screen Capital Projects deferred to FY24/25 (475,000) BioSolids Engineering ($75K) & Property Purchase ($400K) Other Revenues / Expenses 6,653 67,155 388,075
Refuse Collection/Recycling/Gate Fees 3,627 3,431 CPI Increase State Grant-SB1383 75,000 17,000 SB1383 Compliance
Contract Service 27,412 Rate Study
Revenues / Expenses (403) 15,943 14,438
5311 FTA Revenue 38,689 Increased revenue allocation
Transit Article 4 (98,740) (4,720) Decreased claim due to increased FTA revenue Other Revenues / Expenses (446) 259 (56,036)
Land Use Fee 8,261 Increased allocation from Kern County Other Revenues / Expenses 750 18,534 Increased staff allocations (9,523) Fund Shortage Subsidy (207,208) Fund balance used from PY FAA grant revenue FAA/State Grant deferred to next 5 years 7,981 163,000 Hangar purchases Aircraft Fuel Sales 87,857 79,071
Other Revenues / Expenses 25,128 63,481 Inc/decrease in both revenues and expenditures (391,794) (286,437)
Refuse Transit AIRPORT Water Sewer Solid Waste Mgmt
2 CITY OF
TEHACHAPI
CALIFORNIA
TO:
COUNC!L REPORTS
MEETING DATE: MARCH 18,2024 AGENDASECTION: PUBLICWORKS
HONORABLE MAYOR DAVIES AND COUNCIL MEMBERS
WLER NAPIER, DEPUTY PUBLIC WORKS DIREC-TOR
MARCH LL,2024
SUBJECT: S-YEAR AGREEMENT WITH xlO (SCADA SERVICESI
FROM:
DATE:
APPROVED
DEPARTMENT
CITY
BACKGROUND:
For the past five years, the City of Tehachapi has relied upon XIO for Supervisory Control and Data Acquisition (SCADA) services, a crucial component in maintaining the efficiency and functionality of our water and wastewater systems. XIO's SCADA monitoring encompasses a wide range of essential infrastructure including well sites, tank sites, booster pump stations, pump stations, and the Sewer Lift Station. Through their services, XIO facilitates remote access and scheduling capabilities, ensuring that all aspects of our municipal water and wastewater systems operate effectively and reliably.
Recent developments have prompted discussions between City staff and XIO regarding modifications to their platform and dashboard for operators. These modifications are aimed at enhancing efficiency in viewing and operating the SCADA system. As part of these conversations, City Staff have conveyed their interest in establishing a long-term agreement with XlO. This desire stems from the need to accurately budget for annual fees associated with the SCADA services and to solidify a dependable partnership with XIO over an extended period. Rather than maintaining a year-by-year agreement, the City seeks the assurance of a long-term commitment from XIO to ensure stability and continuity in the management of our water and wastewater systems.
ln light of the critical role that XIO plays in the effective operation of Tehachapi's infrastructure, establishing a long-term partnership is seen as essential for both parties. This arrangement not only provides financial predictability for the City but also fosters a collaborative relationship aimed at continually improving the efficiency and reliability of our water and wastewater systems.
Rt
FISCAL IMPACT:
The cost of services will be split 57,124 annually (67%l in the Water Fund ( 2) and 53,552 annually (33%) in the Sewer Fund (444). The total annual cost (year one) is 510,686.00.
The City wil! pay XIO 510,685.00 for their services in 2024 by April 15,2024. This payment covers the services for the whole year. ln the following years, the payment will increase based on the Consumer Price lndex (CPl) for all Urban Consumers, plus 1.5 percentage points. However, this increase won't exceed 5.5% per year.
XIO must inform the City about the new annual fee. The City manager or their representative will review and approve it. Then, it will be presented to the City Councilfor approval at the next scheduled meeting. Once approved by the City Council, the invoice will be paid within a reasonable timeframe.
RECOMMENDATION
STAFF RECOMMENDS THAT THE CITY COUNCIT APPROVE THE 5 YEAR AGREEMENT WITH X!O, INC FOR scADA SERVTCES AS OUTUNED lN THE PROPOSED SCOPE OF SERVTCES WITH A COST OF $10,586 (ANNUAL FEE - YEAR ONEI.
AGREEMENT
THIS AGREEMENT made this _ day of 2024
(the "Agreement"), by and between the CITY OF TEHACHAPI, hereinafter "City", and XiO, Inc., a Delaware Corporation hereinafter "Contractor," WITNEgSETH:
WHEREAS, City wishes to hire Contractor to perform the services 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:
L 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.
The term of this Agreement (the "Term") shall be for five years from the date hereof unless earlier terminated as hereinafter described.
3. City shall pay Contractor for performing the Services as follows: in calendar year 2024, City shall pay Contractor $10,686.00 on or before April 15, 2024 which shall constitute full payment for the Services for the calendar year 2024 (the "Annual Fee"). Thereafter, the Annual Fee shall be increased for each calendar year by the Consumer Price Index for all Urban Consumers (CPI-U), U.S. City Average, All Items, not seasonally adjusted, 1982-1984 : 100 reference base prepared by the U.S. Department of Labor plus 1.5 percentage points, provided, however, that the increase in the Annual Fee shall not exceed
5.5%. For example, if the CPI year-over-year increase is 2%o, then the maximum Annual Fee increase would be 3.5%o or, if the CPI year-over-year increase were 5% then the maximum Annual Fee increase would be 5.5%o. Contractor shall provide written notice to City of the amount of the Annual Fee (the "Annual Fee Notice"). The Annual Fee Notice may be reviewed by the City Manager or the City Manager's representative and approved for payment. Thereafter, the Annual Fee Notice shall be submitted to the City Council at the next regularly scheduled meeting for which the matter can be presented for consideration. Thereafter, upon approval by the City Council, the invoice shall be paid in the amounts approved by the City Council within a reasonable time thereafter.
4. In the performance of Contractor's duties hereunder, Contractor shall provide all vehicles, tools, personnel, equipment, supplies and all such other items as are necessary or convenient to completing the Services at Contractor's sole cost and expense.
5. Contractor, at Contractor's sole cost and expense, shall maintain throughout the term of this Agreement (i) all Worker's Compensation Insurance where and in the amounts required by law, (ii) a Comprehensive General Public Liability Insurance Policy from a company approved by City for protection against liability to the public arising as an incident of Contractor's performance hereunder in amounts not less than $l million per occulrence and $2 million in the aggregate and said policy shall be primary insurance naming City, its officers, councilpersons, employees, contractors, and representatives as additional insureds and affording City at least l0 days notice prior to cancellation or reduction of coverage, and (iii) Vehicle Liability Insurance in amounts not less than those set forth in Subparagraph (ii) of this Article 5. In the event any such policy shall lapse or be canceled, City may, at City's sole discretion, terminate this Agreement without further notice to Contractor.
Contractor shall provide City with a Certificate of Insurance veriffing Contractor's compliance with the foregoing. This Agreement shall not be effective until City has received and approved same.
6. Contractor 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 to the extent arising out of Contractor's breach of this Agreement including but not limited to any act or omission to act on the part of Contractor or Contractor's employees, subcontractors, agents, or representatives.
7. In addition to any other methods of termination described in this Agreement, City may terminate this Agreement at any time upon determination that Contractor is not performing its duties properly or has otherwise breached this Agreement. In the event of termination based on nonperfornance or other breach of this Agreement, City shall so notiff Contractor in writing and this Agreement shall be immediately terminated thereafter and Contractor shall not receive payment for that portion of any Services perlormed in breach of this Agreement.
8. Contractor shall not assign any portion of this Agreement to any other person or entity.
9. If this Agreement or any portion thereof shall be considered invalid 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.
10. Any notice required or permitted under this Agreement or at law 2 shall be deemed to be delivered when personally served on the party to be noticed or (a) on the next business day following deposit of the notice with an ovemight delivery service, provided the overnight carrier's records confirm delivery, @) when delivered by United States Mail, Postage Prepaid, Registered or Certified Mail, Retum Receipt Requested, with the date of signing the Return Receipt (or refusal to sign) deemed the date of service, (c) three business days following deposit in the United States Mail, Postage Prepaid, or (d) when sent by electronic mail ("email"). The following addresses shall be used: City - Greg Garrett, ll5 South Robinson Street, Tehachapi, Califomia 93561, Email - [email protected]; and Contractor - 100 South Ranch Road, Suite 120, San Rafael California 94903, Email - [email protected]. Any party may change any of the foregoing as it relates to the party by giving written notice to the other party in the manner set forth herein.
I l. If any action is commenced arising out of or relating to this Agreement, the prevailing party shall be entitled to a reasonable sum for the party's attorney fees and actual costs in such action.
13. 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.
14. 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.
15. 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.
16. This Agreement shall
accordance with the laws of the State of
be governed
California.
by and construed in
17. 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.
l8.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.
19. Contractor is an independent contractor under this Agreement and is not an agent or employee of City. As such, Contractor is not entitled to J
12. This Agreement may be amended only by a writing executed by all parties.
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.
20. Attached is an addendum (the "Addendum") containing supplemental terms and conditions. To the extent any of the terms in the Addendum conflict with those in the Agreement, the terms in the Agreement shall prevail. The following changes are made to the Addendum:
(a) Paragraph 1.2 of Exhibit A of the Addendum should read in part:
"Confidential Information," subject to the California Public Records Act, meansr...";and
(b) The last sentence in Paragraph l5 should read as follows:
'Notwithstanding anything else in this Agreement to the contrary, Vendor's aggregate liability arising from, relating to, based on, or connected with this Agreement including the Hardware and Services, shall in any event and under any theory of recovery, including claim of negligence, be limited to four times the amount of fees actually received by Vendor under this Agreement relating to the Customer facility for which the claim accrued during the 12 month period immediately preceding the date on which Customer's claim first accrued."
IN WITNESS WHEREOF, the parties have executed this Agreement on the date first hereinabove written.
XIO, [NC., a Delaware Corporation,
"Contractor"
By
JOHN TAYLOR, CEO/CFO
4 MICHAEL DAVIES, Mayor, City of
Tehachapi, California, * City"
EXHIBIT *A'
[Description of Servicesl
Proposal City of Tehachapi v.1.1
1 Proposal
XiO, lnc. (XiO) is pleased to supply thrs Proposal for City of Tehachapi.
1.1 Synopsis
Migration of Assets, lnputs, and Control to the Acuity Hub.
1.2 Monitored Assets (22)
1.3 Additional lnputs (5)
Continued on next page
FIU-1: Minton Site ISOLATED Residual Chlorine
FIU-I: Minton Site Minton well Pump RMS Electrical Current FIU-2: Curry Site Curry Site Water Meter
FIU-2: Curry Site Curry Booster Pump 1 RMS Electrical Current FIU-2: Curry Site Curry Booster Pump 2 RMS Etectrical Curent FIU-2: Curry Site ISOLATED Nitrate Level
FIU-2: Curry Site ISOLATED NW Tank Level from External Pressure Sensor FIU-2: Curry Site ISOLATED SW Tank Level from Extemal pressure Sensor FIU-2: Curry Site Curry Well Pump RMS Electrical Current FMU-I: Highline Tank Highline Tank Level
FIU-3: Dennison Site Dennison well Pump RMS Electrical Current FIU-3: Dennison Sate Dennison Well Water Meter
FIU-4: Pinon Site Pinon Well Pump RMS Electrical Curent FIU-4: hnon Srte Prnon Well Water Meter
FIU-s : Wahlstrom Site Wahlstrom Well Pump RMS Electrical Cunent FIU-6: Moiave Site Mojave Well Pump RMS Electrical Current FIU-6: Mojave Site Mo,ave Well water Meter
FIU-7: Tucker Lift Station Pumps ISOLATED Wet Well Level from Customer-Supplied pressure Sensor FIU-7: Tucker Lift Station Pumps Lift Station Pump I RMS Electricat Current FIU-7: Tucker Uft Station Pumps Lift Station Pump 2 RMS Elecrrical Current FIU-g: Curry Analyzers ISOLATED Chlorine Residual
FIU-9: Curry Analyzers ISOLATED Nitrate Level
FIU-I: Minton Site Mrnton Well Flow Rate
FIU-5 : Wahlstrom Site Wahlstrom Well Flow Rate
FIU-8: Tucker Lift Station FloaE ISOLATED Low Floa:
Confidential XiO lnc. (op1710) v.1.1 Contents 4of24
Soft Device
FIU Name Soft Device
FIU-8: Tucker Lift Station Floats Generator Voltage
FIU-8: Tucker Uft Station Floats ISOLATEO High Float
Proposal City of Tehachapi v.1.1
Continued from previous page
L.4 Controlled Outputs (10)
1.5 Disabled and Not Displayed Soft Devices (14)
Confidential XiO lnc. (op1710) v.1.1 Contents 5of24
6 FIU-1: Minton Site Minton Well Pump Contactor Relay
FIU-2: Curry Site Curry Booster Pump I Contactor Relay
FIU-2: Curry Site Curry Booster Pump 2 Contactor Relay
FIU-z: Curry Site Curry Well Pump Contactor Relay
FIU-3 : Dennison Site Oennison Well Pump Contactor Relay FIU-4: Pinon Site Pinon well Pump Contactor Relay
FIU-5 : Wahlstrom Site Wahlstrom Well Pump Contactor Relay FIU-6: Mojave Site Moiave Well Pump Contactor Relay
FIU-7: Tucker Lift Station Pumps Lift Station Pump I Contactor Relay FIU-7: Tucker Lift Station Pumps Lift Station Pump 2 Contactor Relay FIU-I,: Minton Site lntrusion Switch
FMU-l: Highline Tank Current lnput 2
FMU-1,: Highline Tank Curent lnput 3
FMU-l: Highline Tank Current lnput 4
FMU-l: Highline Tank Charge Current
FMU-1: Highline Tank Operating on Solar
FIU-3 : Dennison Site lntrusion Switch
FIU-4: Pinon Sate lntrusron Switch
FIU-5 : Wahlstrom Site lntrusion Switch
FIU-6: Mojave Site lntrusion Switch
FIU-8: Tucker Lrft Statron Floats lntrusion Switch
FIU-8: Tucker Lift Station Floats UPS Battery Charge Output FIU-8: Tucker Lift Station Floats UPS Power or Voltage Sense Output FlL,-8: Tucker Lift Station Floats uPS Banery Relay
FIU Name Soft Device
FIU Name Soft Device
FIU Name soft Device
XiO ACUITY HUb
operations management platform
Montored Assets and lnputs with a full suite of
software tools and data management
22 x Asset. Monitored
5 x Additional hputs
XiO Control Servlces
Automated and remote control of devices l0 x Controlled Outputs XiO Cellular Service
Cellular lnternet SeNice managed by XiO 9 x Cellular lntemet Service Proposal City of Tehachapi v.1.1
1.6 Scope of Supply
Recurring Services
Confidential xio lnc. (op1710) v.1.1 Contents 6of24
7 Proposa I City of Tehachapi v.1.1
1.7 Pricing
Confidential XiO lnc. (op1710) v.1.1 Contents 7ot24
8 XiO Hardware $0.00
3rd Pa(y Hardware t0.00
Hardware Total
Standard Support
-
s0.00
50.oo
Annual Subscription Fee (lncludes Standard Support)
services Subtotal r
916,440.00
$o.oo I
Annual Escalation A.ljustment 90.00
Annual Subscription Fee Discount ( 55.754.00 )
Subscription Fee at Start Date (l year paid up front) s10,586.00 Non-Recurring Seryices
Subscription Fee Detail
Hardware
Subscription Fee at Start Date (1 year paid up
front)
510.686.00
Total Up Front Fees s10,686.Oo
Summary of Up Front fees
Proposal City of Tehachapi v.l.l.
1.8 Payment Terms
Subscrlptlon Fe€s Vendor will invoice the Subscnption Fee at Staft Date indicated above on the Start Oate payable on net30 terms. Except where it is indicated above that Customer is prepaying for Subscription Fees for all years of the Subscription Tem, (i) the Subscription Fee at Start Date indicated above is for the first year only and Vendor reseryes the right each subsequent year of the Subscription lern to increase the then annual recurring fee by an amount equal to the then year-over-year percentage inc.ease in the Consumer Price lndex for all Urban Consumers (CP|-U); U.S. City Average; All items, not seasonally adlusted, 1982/1984 = 100 reference base prepared by the U.S, Oepanment of Labor plus 1.5 percentage points, not to exceed a 5,5% increase. For example, if the CPI year-over-year increase were 2%, then the maximum fee increase would be a 3.5% increase to the then recuring annual fee.
1.9 Scope of Services; Term
Such services will include providing access and use of the Platform to Customer for a Subscription Term commencing on the Start Date. continuing for an lnltlal Term of 5 years, and thereafter automatically renewing for successive I year terms absent an ele(tion not to renew in accordance with Section 2 of Exhibat B - Platform Tems and Conditions. Except as otherwise stated rn the Special Tems above, the Start Date of the Subscription Term will be the first day of the first full calendar month immediately following the date on which all Professional Services necessary to implement Customer's Subscription account and Platform access have been completed.
End XiO Proposal
Confidential XiO lnc. (op1710) v.1.1 Contents 8o124
9 ADDEI\DUM
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EXHIBIT A: XiO General Terms and Condrtions
EXHIBIT A: XIO Gensral T.rms and Condltions
These XiO General Tems and Conditions (these 'G.nGral Tams") govem the provision by XiO. lnc. ('Vcndor" or 'XlO-) of goods and/or seryrces to Customer as described in one or more Orde6. All Orders, together with these GeneralTerms and all attachments to, and ancillary tems incorporated into, the foregoing fom a binding master agreement between Vendor and Customer (collectively. the "AgrEemcnt"). The Agre€ment is effective as ot the effective date of the initial Order to which these General Terms are attached or that refer. ence being subrect to these General Tems. Caprtalized terms used in these General Terms, but not defined herein have the meaning given to them elsewhere in the Agreement. l. Dafinitions.
1.1 'Affillate'means. as to a
fubt,'o
12,.-oil;
et)7
an entity that dircctly, or rndirectly thrcugh one or more intermediaries, controls. is by, or is under common control with that party. all technical, business, financial. and other infomataon, in whatever fom (i oral. visual, paper. electronic, narative, and graphic), that a party discloses to the party in relatron to this Agreement except infomation that (i) is or becomes publicly available other than a5 a result of disclosure by the receivrng party rn violatron of thrs Agreement or any other legal, contractual or fiduciary obligation; (ii) is or was independently developed by personnel of the recerving party without access t0 or use of any Confidential lntormation of the other party (as defned without regard to this exception): (iii) is or becomes available to the receiving party on a non-confidential basis f.om a source (other than the disclosing party) that is not prohibited from disclosrng such inlomation to the receivrng party by any legal, contractual or fiduciary obligation; or (iv) is infomation that was already known by the receiving party, so long as the re€eiving party can prove that Such information had been in the receiving party's possession prior to recerpt of the Confidentral lnfomation by the recerving party.
1.3 'Custom.i" means thdaat*y or pe6on indicated as the procunng party on the initial Order.
1.4 'Customar Oata" has the meantng given it in Exhibit B - Platform Tems and Conditions.
1.5 "Customer lnfomatlon" means infomation made available to Vendor or its representatives by or on behalf of Customer in connection with this Agreement including in the context of Professional Servrces and including Customer Data.
1.6 'De-identified Data" means Customer lnfomation that is aggregated with other infomatron of Vendofs customers or that has been de-identified.
1.7 'DGllvcrablGs" meang reports. analyses, and other work product delivered by Wndor puEuant to an Order for the provision of Professional Services that constitutes Customer lnfomation or that is unique and sp€cific to custome(
1.8 "Nardware" means tangible goods sold by vendor to customer pursuant to an order.
1.9'OrdefmeansanrnitialoranysubsequentVendorproposal,StatementofWork,quotaton,Service Agreement, Engagement Tems, or similar ordering document pGpared by Vendor that is srgned by the panies and provides for one or more of the sale of Hardware, the provision of Professional Services, or Subs(ription(s) and that references these General Tems or is otherwise entered into by the parties in relation to this Agreement.
1.10 'Platform' has the meaning given it in Exhibit B - Platform Iems and Conditions. l.l1 "Pm,fasslonal Servlcas" means consulting. design. analysis, assessments, evaluations, verihcation. installation. commissroning, rmplementation, support. management, training. configuration. and other professional services (and excludrng for the avoidance of doubt, access or use ol the Plattorm) provided by or on behalf of Vendor to Customer pursuant to the Agreement as further described in the applicable Order.
1.12 'Prcfessional Services Fees" mean the fees payable to Vendor in consideration of Professional Serurces as provided in the applicable Order
1.13 "Soruaces'means collectrvely. Prcfessional Seruices and the provision of ac(ess to and use of the Platform in relation to this Agreement.
1.14'StrtamentofWo.k'meansawrittenproposalorotherdocumentpreparedbyVendorandexecuted by the panies that describes the nature and scope of Professional Seruices and any Hardware and/or Subscriptions to be sold or otheMrse provided by Vendor to Customer and that may include, as applicable, related compensation, expense reimbursement, and other tems and conditions relating thereto. A Statement of Work may be attached to and fom part of an Order or serve as a stand-alone Order.
t.ls "Vendof means xro. lnc.
1.16 "XiO HaTdware" means Hardware that rs prcprretary to Vendor or rs Vendor.branded Hardware.
Confidential xio lnc. (op1710) v.1..1 Contents 9ot24
ll
EXHIBIT A: XiO General Terms and Conditions
2. General Payment Terms.
date of invoice. Customer hereby procures the Services and Hardware and shall pay on the terms set forth in each Order in accordance wrth this Agre€ment. All of Servrces and Hardware are final and related payments are non-refundable except to othemrse expressly provided in the Agreement. Any credit extended by Vendor limits of the credit, are at Vendor's sole drscretion, and may be reduced or terminated at any trme, for any reason. A late charge is payable on all overdue balances while at the rate of the lesser of 1..5olo monthly and the highest rate allowed by law. may delivery of Hardware ordered and/or suspend the provrsion of Services such overdue amounts are paid. All payments must be paid in u.s. Dollars. Except specified in this Agreement, (i) all fees are exclusive of, and Customer is applicable foreign, federal, state, and local sales, use. excrse, value added. export, duties and other govemmental fees or levies or other applicable taxes, other on the net income of vendor, (ii) customer shall pay or reimburse Vendor for any and fees paid by Vendor, and (iii) Vendor may add any such taxes to invoices to Customer by Vendor. Vendor shall be entitled to recover from Customer any costs in collectrng any amount past due under this Agreement. including reasonable
iustification
Customer may make no otfset ior any amounts due regardless of the intended offset. Any good faith invorce disputes must be brought by Customer scope and planned Deliverables as are set torth rn the applicable Order, whtch design, installation, use, or maintenance considerations for Customer's systems withrn days of receipt, otherwrse Customer waives the dispute. are subiect to addatronal fees
Additional Hardware and
within the scope of an Order at \rendor's then-current
3. Orders.
3.1 All Orders and amendments and attachments thereto are hereby incorporated into this Agreement upon therr execution by the parties. Any Customer purchase order or similar purchasing document issued by any entity other than Vendor is subject to and incorporates these General Terms and will be valid only for the purpose of identifying this Agreement and the items and quantities ordered.
Any other terms and conditions included in such purchasing document that conflict with. vary, or supplement the tems in this Agreement are void and will be of no effect, even if Vendor otherwrse accepts the purchase order. ln the event of a conflict between these General Terms and an Order, these General Terms will control. Vendor's failure to object to Customer terms and conditions contained in any Order or other do€ument from Customer will not be construed as a waiver of the foregoing nor an acceptance of any such terms and condittons.
4. Platform Terms.nd Condatlons
4.1 Access to and use of the Plattorm is subiect to the additional terms and conditrons in the Platform Terms and Conditions (also referred to as the "Platform Tcrms").
5. Prcf€ssional Scrvlcos
5.1 Engagam€nt; Coop€ration. Customer hereby engages Vendor to perform the Professional Servi(es of the scope and on the terms described in Orders specifyrng the provision of Professional Services and Customer agrees to reasonably cooperate with the perfomance of such Professional Services.
expenses wrll be invoiced monthly or
for brref engagements, at completron, at Vendor's option, (ir) any total fee in connection with a time and materials-based proiect rs an estimate not a guarantee that the Professional Services will be completed for such total and (iii) Customer shall obtarn and pay for all state and local permits and required of Customer to recerve the Hardware and Services and Vendor may
of an early termination of Professional
of Professional Services pendrng
receipt of su€h permits and approvals. ln Services
(to the extent pemined by the Vendor shall rnvoice and Customer shall pay all Professional Services Fees for Services provided up to the effective date of termination of the applicable order shutdown fees, if any, rncurred by Vendor. Professronal Services are lim
all
5.3 Change Orders. lf Customer or Vendor requests a change in the scope or other tems of Professional Services to be provided (excluding Standard and Premium Technical Support), the partres shall promptly meet to discuss the proposed changes. Once any changes are tentatively agreed, if Confidential XiO lnc. (op1710) v.1.1 Contents 10 of 24
t2
/
EXHIBIT A: XiO General Terms and Conditions
at all, Vendor will prepare and deliver for Customer's review and approval a change order describing the proposed changes including any changes in fees and expenses (each, a "Change Order").
Change Orders are not binding unless and until they are executed by both parties. Upon their execution. Change Orders will be deemed pan of, and sub,iect to. this Agreement. tf the parties disagree about the proposed changes. the parties shall, at the request of either party, promptly escalat€ the change request to their respective senror management otficers for resolution.
5.4 Prfcssaonal Services Warranty. Vendor warrants to Customer that Vendor will perform ProfesSional Services in a professional manner consistent with industry standards and that it will dehver Deliverables substantially conforming to those specified to be delivered in the applicable Order.
Customer's sole and exclusive remedy for Vendor's breach of the foregoing waranty is as follows: Customer must provide Vendor wrth a detailed written description of the non-conforming Deliverables and their claimed non-conformity within ten (10) days from the date of delivery of the Deliverables or Professional Services claimed to be non<onforming, Vendor shall promgtly review and confer with Customer regarding such wrrtten claims and, for those claims that Vendor accepts as valid following an inquiry in good faith, Vendor shall promptly and at its expense, use commercially-reasonable efforts to re-perfom the non-confomrng Professional Services. lf no written reiection is given to Vendor by Customer within ten (10) days following such re-perfomance, the Deliverables and/or Professional Services as re'performed will be cleemed accepted by Customer. lf Vendor determines, in its sole discretion, that rt is not commercially feasible to re-perform non-conforming Professaonal Services so as to be conforming, then Vendor shall refund amounts paid by the Customer for the non-conforming Protessional Seruices. To the extent Vendor disagrees with Customer's notice of non-contomance, the parties shall. at the written request of Customer, escalate the matter to their respectrve senior management. This Section constitutes Customer's sole remedy and Vendor's sole obligation with respect to a breach of the toregoing Professional Services waranty.
5.5 lnsuranc€ Coverage. ln respect of Professional Seruices, vendor shall maintain insurance policres and coverages as follows: Worker's Compensation lnsurance insuring Vendo/s liabrlity under the worker's compensation and occupational disease laws of the state where Professional Services are periormed with at least the coverage required by law; Commercial General Liability lnsurance with coverage on an 'occurrence" basis with a combined single limit of not less than 51,000,000 per occurence and 62,000,000 aggregate; in each case to insure Vendor for Professional Services performed under an Order; and lnsurance for operations of all hired and non-owned vehicles with limits for each accident of 51.000,000 combined single limit with respect to bodily injury, death and property damage. Vendor shall provide a current certificate of insurance to Customer upon request.
ther party
Party with
(i) in the by the other
and thiny 10 days for failure to pay Professional not disputed in good faith) or (ii) in accordance with
6. Sale of Hardware.
6.1 Hardwar€ Purchase Terms. Except as othemise specrfied in the applicable Order. (i) Hardware prices are F.0.8. origin, freight prepaid to the destination specified in the Order and added to the invoice and (ii) Vendor will invoice sales of Hardware at the time of therr shipment. Title and nsk of loss pass to customer ugon tender of shipment to the carier customer must make any good faith clarm for shipment shortfall or damage within five (5) days of receipt of shipment: otherwise, customer waives such clarm as to such order6.2 &fCwafg_!ileff4tleg.All XrO Hardware rs warranted rn accordance with and is sold subrect to the Hardware limited warranty found on Vendor's website (the'Llmited Warianty"), currently at hrtp://xiowatersystems.com/waranty. The remedies provided in the Limited Waranty constrtute Customer's sole remedies and Vendor's sole obligatrons wrth respect to a breach of the Limited Warranty. The Lrmited Warranty is made expressly sublect to the tems and conditions of this Agreement including Section 14 below. Hardware other than XrO Hardware sold by XiO to Customer rs sold sub,ect to the Hardware manufacturer's applacable warranty, if any, on a passthrough basrs and is otherwrse sold "AS-|S" by Vendor.
7. Ownershlpi Proprietary Rights.
7.1 The Services and Xio Hardware.
der referencing thrs Sectron 7.1. the
Except as otherwise expressly provided in the applicable OrSeruices. Deliverables. and all ideas, know-how, processes, software, documentation, rnformation, drawings, documents. designs, models, inventions, copyConfidential XiO lnc. (op1710) v.1.1 Contents 11 of 24 13 EXHlElT A: XiO General Terms and Conditions
rightable material, and other tangible and intangible materials authored. prepared, created, made, developed, delivered, conceived, or reduced to practice, in whole or in part, by Vendor in relation to this Agreement (collectively, the 'Worl(s") and all copyrights, patent rights, trade secrets, trade. marks, moral rights, and all other proprietary and rntellectual property rights throughout the worid in each ot the foregoing (collectively, 'lntellectual Property Rlghts-) are and will remain the sole and exclusive property of Vendor. As between Vendor and Customer, each party retains all of its rights to its trademarks, logos, trade names, and service marks, website(s). technologies, patents, copyrights, trade secrets, and other intellectual property, and proprietary rights. Without limiting the generality of the foregoing. Vendor shall at all times solely and exclusrvely own (i) all rights, title, and interest in and to the Platform and content therein (excluding customer Data), the Professional Services, Oe-identified Data, and any and all improvements, enhancements, derivative works, and extensions thereof, and all htellectual Property Rights therein and (ii) all Intellectual Property Rights in xio Hardware. No implied licenses are granted. all rights not expressly granted to Customer in this Agreement are reserved to Vendo(
7.2 Us€ of lnformatlon. Customer hereby consents to Vendor's use of Customer lnformation as requireO or permitted by this Agreement and for exercising and enforcing Vendor's rights under thrs Agreement, including generating De-identified Data from Customer lnformation.
7.3 Fecdbac:. Customer hereby grants XiO a perpetual, royalty-free, worldwide right to use any inforrnaiion, suggestions, bug reports and fixes, and ideas provided by or on behalf of Customer to XiO for enhancements, modifications, and other feedback regarding the Services, Hardware, or any other xio product or servrce.
8. Customer Cooperation. Customer shall provide reasonable cooperation to Vendor in Vendor's performance of vendor's obligations under this Agreement. and n of providing Professional ServrceS,
represents and warrants that, to Customer's knowledge after reasonable inquiry, tially hazardous Substances. envrronmental contamination, or conditions required to be visited by Vendor employees or other
under the Agreement that present. wilhin the context of ticrpated danger to human health or the envi
becomes aware of a chanqe in Such
pre.existing hazardous
or regulations
no potenthe propertres
ing Vendor's obligations
an unreasonable and/or unanshall immediately notify vendor if it with the disclosure. lf Vendor is
10. Protcctlon and Use of Confidential lntormation. Each party shall not use or disclose Confidentral y4[akk"ffi ]:']11:i",:f,;.Xlfj,:J,31'il:1.:::;ff I'?"#d:^Af i#;[:t'""; to the extent necessary to comply wrth a lawful order of a court or taxing authority, or govemment regulatron, on condition that the party mak,ng the disclosure provrdes the other party ntffiie Fr*y'< 6F^+. (at iha ^|h.. pady's ,eg'.es| a^^ .yps^se) |^ taek €eafCantial et Prelactive ltsatmclt, ln aCC:tien, ca€h party ,hall tal€ et leogt rea3cn6ble mcagrre! to prolect tttd trtailttaitl ilrEulfldencE @{r) itt attemey'! a€€euntenls! anC etA€r fFefeg56nal adyrgerSr et te PetentEl inYe9tert er ethea thrrC -simil.r tranta€tien ef th€ pa.ty' and (iil in the €ase ef vender! te vencer'9 incepenc€nt €entt€€tor9 and s€fri€e PreYider
rndemnify,
cludi fees) out ot or relatrng to a farlure or
necessary to comply with applicable laws and regulations that make this or to otherwise comply with applicable public disclosure laws and vendor shall not be responsible tor remedying any
hazardous conditions or pre-existing violations of laws, where Professional Seruices are to be perfomed, and Customer shall hold harmless Vendor trom any liability, loss, damages, cost, breach of Customer's
and expense (inrepresentations,
however. that,
effons to seek confidential to the extent permitted by law, Customer shall treatment of all pricing information r,!rthin this
with Customer
Vendor for
u5e
obligated to respond to a third-party other compulsory legal order or process in connection er's use of the Hardware or Seruices, Customer shall reimburse and documented related attorneys' fees, and other reasonable costs responding to the legal order or pro<ess at Vendor's then-curent houdy rates for such Confidential XiO lnc. (opl710) v.1.1 Contents L2 of 24
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EXHIB{T A: XiO General Terms and Conditions
I 1. Use of Thlrd-Party ScrvacGs and Subcontracto6. vendor may, in the ordinary course of business, utilize third-party services (including third-party hosting and data centers) and may also engage independent contractors and subcontractors in performing its obligations under this Agreement (including for Hardware installation and other Professional Services) and Customer hereby consents to such use provided Vendor is responsible ior its subcontractors' compliance with this Agreement in therr gertormance on behalf of Vendor.
12. lndemnlficatlon.
12.1 By vendor.
12.1.1 Gencral. Vendor shall indemnify, defend, and hold hamless Customer and its officers, directors, agents. and employees (each a'Customer lndemnllled Psrty") from and against any and all third-party claims, demands. losses, liabilities, suits, costs. and expenses (including reasonable attomey's fees and legal expenses) (collectively, -Clalms-) to the extent arising out of death. injury, and propefty damage to the extent caused by Vendor'S gross negligence. or willful, reckless, or criminal misconduct in the performance ofthe Professional Services at Customer's location except to the extent caused by the negligence or misconduct of a Customer lndemnified Farty or resulting from Customer's failure to comply with this Agreement.
12.1.2 hfrlngGmcnt. Vendor shall indemnify, defend, and hold Customer lndemnified Parties harmless from all Claams to the extent arrsing out of or relating to any third-party claims, demands, or suits alleging that one or more of the XIO Hardware, the Platform, or the Services infringe a third-party's united states copyright or trademark rights except to the extent the alleged infringement is <aused b}/l (a) changes or modifications to the Platform made o. specified by Customer or any third party: or (b) combrnatrons of the Platfom or Professional Services Deliverables with any product or seruice not supplied or specified by Vendor under this Agreement. lf a Claim contemplated under this Section 12.:..2 is brought, Vendor shall, at ats sole option and expense, and lyithin a reasonable period. use commercially reasonable efforts to (1) procure fror Customer the right to continue using the allegedly infringing item; (2) replace the same with a non-infringing atem providing materially equivalent functions and effciency; (3) modify the same to be non-infringing without material loss of functionality: or, if none of the foregorng (1)-(3) is, in Vendor's sole discretion, commercially reasonable, at Vendor's notice, Customer shall discontinue use of the allegedly infnnging item and Vendor shall refund to Customer the fees patd by Customer to Vendor corresponding to the period followrng the effective date of such discontinuance and any pre-paid unused Subscription fees. This Sedion 12.1.2 sets forth Vendor's sole liability. and Customer's sole and exclusive remedy, in lieu of all others. with respect to infringement.
12.2 By Customer. Customer shall indemnify, defend, and hold hamless Vendor and its Afliliates and their respective officeG. d,rectors, agents, and employees (each an "Vendor lnd€mnlf,Gd Party') from and against any and all Claims to the extent arising out of death, injury. and prcperty damage to the extent caused by customer's gross negligence, or willful, reckless. or criminal misconduct; and except in each case to the extent caused by the negligence or misconduct of a Vendor lndemnified Party or resulting fmm Vendor's failure to comply with thls Agreement.
12.3 Procedur€s. The obligations under this Section 12 are conditioned upon the indemnified pafty (i) giving the indemnifyrng party prompt written notice of any Claim; (ii) granting the indemnifyinq party complete control of the defense and (conditioned upon a full release of the indemnified parties) settlement of Claims; and (iii) reasonably cooperating with the indemnifying party in the defense and settlement of the Claims.
13. Reprcsentations and Warontles by Both Partles. Each party represents and warrants to the other oarty that (r) thrs Agreement ,s brnd ng on rt and t has the flght to enter into thrs Agreement and perform ,ts obligations hereunder rn the man.er contemplated by thrs Agreement, (r) this Agreement does not conflrct wrth any other agreement entered rnlo cy t and (tii) that it shall comply with all applrcable law ,n connectron wrth the performance of ris oblrgatro.s and use of the Hardware and Servrces.
14. Disclaimers. Except for the express warranties provided in this Agreement, the Hardware and Services are provlded "AS lS AND WITH ALL FAULTS" and '.AS AVAILABLE" and to the fullest extent permissible under applicable law, Vendor dlsclalms a!! warranties, express, implaed, and statutory, conceming the Hardware and Services, and otherwise related to thls Agreement, including, but not limited to, the implied warranties of merchantabillty, fitness for a particular purpose, and any warranties of non-infringement. Vendor does not wamnt (i) that the Hardware or Servlces wilt meet Customer's requirements, (ii) that the Platform's operation will be error-free or uninterrupted (including due to performance of the lntemet, other transmission networks, and customer's local network and equlpment, which systems Confidential XiO lnc. (op1710) v.1.1 Contents !3 of 24
15 EXHIBIT A: xio General Terms and Condrtions
Vendor is not responsible for providing), (iii) that the Seryices or any Hardware will properly operate when used with equipment, other systems, or configuratlons, in each case not specified by vendor in an Order, or (iv, Vendor's qualification under state lacensing provisions. vendor's express warranties do not apply to failures due to misuse, electtical powet line sqrge damage, lmprop€r installation by user, imprcper power supply attachment, water damage, or physical abuse or where resulting from Customer's failure to reasonably cooperate with Vendor's performance, Vendor does not provide design. installation, or maintenance seruices tor water or other industrial systems generally. Proper installation and use of Vendor Hardware and Seruices may involve design, installation, and other Gonsiderations not prcvided by Vendor and for which Vendor is not responsible. Vendor is not responsible tor (il erroE in data provided by Customer or its useE or representatives, (ii) iniury ot prcperty damage or other damages or losses due to a failure of Hardware or Services or resulting ,rom local or remote management through Hardware and/or Seruices of Customer's facilities or systems, (iiil use of its Hardware and Seruices in a manner in(onsistent with their specifications and intended use as provided by vcndor, or (iv) detects or problems in Hardware or seruices to the extent caused by facto6 other than thc Hardware or seryices, or to the extent as a result of tampering with Hardware or Seryices (in<luding without limitation dis(onnection, abuse, misuse, accident, alteration, neglect, unauthorized repair, relocation, or interference). Customer acknowledges that the Hardware and Services, as equapment and activities in an industrial operation, have an Inherent risk of failure and Customer assumes such general risk. The specifi< risks disclaimed in this Section are not exhaustive.
Pro<urement of Hardware or serui<es from Vendor does not limit Customer's obligation to ensure, and is not a replacement for, Customer's on-site monitoring and management ot its facilities in(luding responding to water leaks, malfunctions, and hazardous conditions' The entire responsibility in connection wlth the consequen(es resulting frcm the use of the Hardware and Seruices as well as the intended or achieved results resulting from the use of the Hardware and Serui(es lies entirely with Customea lf Customer has acquired the Hardware or seruices through an authorized distributor or reseller of vendor, vendor shall not be held responsible for any promises or warranties made by such dlstributor or rcsellei To the maximum extent permitted by law, this Section shall aPply even if any expEss wananty or limited remedies set forth in this Agreement fails of its essential purpose.
15. Limitation of Liabtlity. To the maximum extent Pemitted by applicable law, in no event will venatr;E-aftr-tiates, in€luding their respective employees, of6cers, dire<toc' owne6' agents, successoE and assigns, be liable to cugtomer or to any thitd party for any indirect, incidental, special, exemplary or consequential damages, including, but not limlt€d to, lost profits, loss ot data, loss of use, business intemption, loss ot good will, or cost of PGuring substit te prcducts or seruices, arising out of or in retation to this Agrcement or the Hjrdware or S€ruices, even if advised of the possibility of such damages or losses. Notwithstanding anything else in this Agrcement to the contrary, Vendor's aggregate liability aris' ing from, relatlng to, based on, or connected with this Agre€ment including the Hardware and Seruices, shall ln any event and under any theory of recovery, in€luding claims of neg' ligence, be limited to the amount ot fees actually received by Vendor snder this Agreement relating to the Customer facility tor which the claim accrued during the twelve month P€riod immediately preceding the date on which Customer's claim first ac<rued.
16. Limitations of Ois<laimeE and Limitations on Llability. Applicable law an (ertainiurisdictions ex(lusion, limitation, or disclaimer of
warranties or damages. ln such cases, Vendor's liability (and the llability of its Atfiliates and agents, will be limited in accordance with this Agreement to the greatest extent pematted by applicable law.
17. Not a Lacensed Contractor. Customer acknowledges that Vendor is performing seruices as an tndependsrt ioniiactor and that vendor is a provider of water facility contTol systems and seruices and is not a licensed contractor. Customer acknowledges that vendot may work with a third-party installer (who, if required by aPplicable law, will be licensed) to p€rfom specified installation serui(es described in the applicable Order. Customer acknowledges that Vendor is not a licensed contractor under California or other law or regulations or under the law or regulations of the state in which it will perform Professional Seryices (each are 'stete licensing provisions"). Customer hereby waives any claim, and shall not raise any defense to enforcement of a contract, on grounds that vendor (i) ir a contnctor within the meaning of any state licensing provisions, or (ii) is required under any state licensing provisions or other applicable law to be licensed as a contracton Confidential XrO lnc. (op1710) v.1.1 Contents L4 ot 24
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EXHIBIT A: XiO General Terms and Conditions
18. Force i,laleure. Vendor shall not be liable to Customer or any other person or entity for any delay or failure in the performance of this Agreement or for loss or damage of any nature whatsoever suffered by Customer or its Atfiliates due to (i) disruption or unavailability of communications. utility, hosting. or lnternet service not within the reasonable control of vendor, (ii) acts of war, acts of vandalism, pandemics, tenorism. hacking, lightning, flood, fire. strike, or (iri) any other causes not reasonably anticipated and beyond Vendor's reasonable control.
19. or Vendor under this Agreement to an unrelated third party in transaction, Customer may, with notification to Vendor delivered within 60 transfer of ownership, assign the Services relating to such facility or property to owner only in respect of such individual facility or property and related Services, new owner agrees with Vendor rn writing to be bound by an agreement ent to thas Agreement as it applies to the transfered 5ervices, except that that splitting of customer's Plattom account and Seruiceg for purposes of may requrre addrtional Services at additronal cost. Any such assignment will nOt of or liabihties under the Agreement occuring and/or accruing of the assignment, and Customer shall continue to be bound by the Order to the assigned. Absent Such assignment in accordance with this Section. Customer will remain use case n promotion of Vendor's goods and use. such as on a websrte or approval by Customer and (ii) Customer reserves
21. lndcpendent Contractor. The relationship of Vendor and Customer is solely that of independent contractors. Nothing contained in this Agreement wrll be construed to make erther party the other's partner. joint venturer, co-owner. agent, franchisee, or employee. Neither party is authorized or empowered to transact business, incur obligations, or make representations on behalf of the other party.
22. Dispute Resotution. ln the event of any dispute arising out of or related in any way to this Agreement (except for non-payment by Customer), the parties shall, at the written request of either party, 6rst attempt, rn good faith, to settle such disputes infomally through direct discussions and negotiatrons. lf a resolution cannot be reached informally wathin a reasonable period (not to exc€ed 15 days), the parties shall, before the filing of any lawsuit, submit such disputes to and participate in good faith in at least one non-binding mediation before a mutually-acceptable mediator {or rf they cannot agree, then the parties will each choose a mediator and the two mediators will select a third mediator to serve as the sole mediator). For purposes of the procedures set forth in this paragraph, a "dispute" means any action. dispute. claim or controversy of any kind, whether in contract or tort, statutory or common law, legal or equitable, now existing or hereafter arising under or in connection with, or in any way pertaining to this Agreement. The foregoing does not apply to the seeking of injunctive relief. No fomal proceedings for the ludicial resolution of any dispute, except for the seeking of injunctive relief, may begrn until the foregoing drspute resolution procedure hasbEsn complete4except as otheHise agreed :n wriring by $e paftpJlLi
, O-aut.a*A4b-t*427f(qi4r
23. iiisccltancous. This A€re+m"f,tnrncluding all rts attachmgnts, conta,ns the entire agree- ment of the parties, and supersedes any b-nd all prevrous or contemporaneous agreements, with respect to the subiect matter hereof, whether oral or written. This Agreement will be binding and will inure to the benefit ol the parties hereto and their respective successors and pemitted assigns. Subject to Section 19. this Agreement may not be assigned by Customer, in whole or in part. wrthout Vendor's prior written consent. such consent not to be unreason- ably w'thheld. Any attempted assignment in violation of the foregoing void. Vendor may assign. delegate, and subcontract any or all of its rights or obliqations
by
will
electronic mail. by certifred or
be deemed grven
return
deposit in the
mail, two (2) days after deposit with an ovemight sent by email if sent during normal busrness hour5 of the sender, and business day if sent outside of the normal business hours of the sender confirmation of email transmission. Notrces will be sent to the party's infomation set forth in the Order or such other contact infomation as the in writing for notifrcation purposes in accordance urith the foregoing from time to Agreement is governed in all respects, including validity, interpretation and effect, by the laws of the State of Californaa, without reference to the conflicts of laws rules or any other rules that would result in the application of a different body of law The UN Convention on Contracts for the lntemational Sale of Goods will not apply to this Agreement. For purposes of enforcement of this Agreement, except Confidential XiO lnc. (op1710) v.1.1 Contents 15 of 24
this Agreement must be in writing and delivered
receipt requested. or by overnrght courier and
t7
ExHlBlT A: XiO General Terms and Conditions
to the extent the pafties otherrvise agree in writing,
lurisdiction of the state and federal courts located
Confidential XiO lnc. (op1710) v.1.1 Contents
vo*
5ubmit themselves to the exclusive
in the state of califomia and hereby
L6 ot 24
agree that such courts have exclusive jurisdiction for the enforcement of this Agreement and any rulings or orders associated therewith, and voluntar- ily waive any right to challenqe jurisdrction based on any theory. including inconvenience of forum. Notwithstanding the foregoing, Vendor may seek iniunctive or other equitable relief. wherever at deems appropriate, to protect or enforce Vendor's rights under this Agreement. lf any paft of this Agreement rs held to be void or unenforceable, such part will be treated as severable, leaving valid the remainder of this Agreement notwithstanding the part or parts found to be void or unenforceable. No waiver will be effective unless it is in writing and signed by an authorized representative of the waiving party, anc, any such waiver will Only be ap- plicable to the specific instance(s) referenced in such written waiver. This Agreement may be amended only by a w.iting executed by each of the parties. Headings in this Agreement are for purposes of reference only and will not limit or otherwise atfect the meaning hereof. Sections 7, 10' 12' 14 - 18, 22' and 23' Vendor's limited Hardware warranties in Section 6.2 (subject to their tems), and any and all payment obligations of Customer will survive a termanation of this Agreement or any one or more Orde6. The words 'for example-, -e.g." "including" and 'includes- in this Agreement are deemed to be followed by 'without limitation".
End General Terms and Conditrons
l8
ExHlBlT B: Platform Terms and Conditions
EXHIBIT B3 Platform Terms and Condltlons
These Platform Terms and Conditions (these. 'Pl.t{brm Terms") are supplemental terms and conditions goveming the provision by XiO, lnc. (-Vcndor-) of access to and use of the Platform, as defined below, and are attached to the General Tems and made part of the Agreement between Vendor and Customer. These Platform Terms supplement, but do not replace, the General Terms and other terms and conditions of thrs Agreement. Capitalized tems used, but not deFned in this Exhibit have the meaning given them elsewhere in the Agreement.
1. Dollnltions.
1.1 'Customar Dati" means electronic data submrtted to and stored in the Platform by or behalf of Customer in using the Platform.
1.2 "Platform'means, collectavely, the software application-based and other electronic services and data provided by Vendor to whrch Customer procures access and use pursuant to the Agreement via one or more of the lntemet, cell and/or other wireless technology, and other telecommunications methods ("Elcctronlc Communlcatlons-). The Platform may include web-based management and/or monitoring applications, and data feeds and services, and rncludes those that are a(cessed by the Customer through Hardware and other equrpment. Platform excludes Professional Seruic€s.
1.3 "Start Date" means the date on which a Subscription Term commences as set forth in the applicable Order p(rcuring the Subscriptron or if no date is indacated, then the effective date of the Order.
1,.4 "Subscrlptaon" means the right to access and use the Platform for the applicable Subscription Tem puGuant to and in accordance with this Agreement.
1.5 "Subscriptaon Fces" mean the fees owed in consideration of a Subscription.
1.6 "Subscrlptaon Term" means, as to a Subscription, the lnitial Term and any RenewalTerms (or until earlier terminated in ac(ordance with this Agreement) commencing on the Start Date.
2. General; Tarrn of Subscrlptlon. Sublect to the tems and conditions of the Agreement (including ffilesubscnptionFees}andforthe5UbscriptionTerm.cu5tomerhereby subscribes to. and Vendor shall use commercially reasonable efforts to make available. access and use ot the Platform via Electronic communications solely for customer'5 internal busaness use. subscriptions commence on the start Date. The subscriptaon Term will contrnue for the initial term ot the subscription (the 'lnltlal Tem") indicated on the applicable Order. lf no such lnitial Term is indicated, then the lnitial Tern is one (1) year. Upon expiration of the lnitial Term, the Subscription Tem will automatically renew for successive renewal periods of duration specified in the applicable Order or if not so specified, successive one-(l) year renewal terms (each. a -Ren€wal fbrm") absent written notice by either party of its election to not so renew delivered at least 60 days prior to the renewal.
3. Rcstrictions. Customer shall not, and shall not knowingly permit any third party to, in whole or in part, (i) reverse engineer, decompile, or disassemble the Platform or use srmilar methods to determine any design structure, concepts, or construction method of the Platform, including its database, or replacate the functionality of the Platform for any purpose, (ri) copy, translate. resell, distribute. or create a derivative work of the Platform or use the Platfom for timesharing, service bureau, or similar purposes, (iii) use the Platform for the purpose of building a similar or competitive product or service, (iv) obtain or knowingly assist in obtaining unauthorized access to the Platform including by sharing log-in credentials to access to Platform, (v) use the Platform in a manner that is contrary to applicable law, in violation of this Agreement or any third party rights of privacy or lntellectual Property Rights, (vi) use the Platform to store, access, distribute or transmrt any material that is unlawful. inappropriate, or infringing; facilitates illegal activity; or causes or is reasonably likely to cause damage or injury to any person or property, or (vii) transmit viruses or other code rntended to harm or sureptitiously intercept data to or from the Platform, or Vendor's or a third party's networks or systems, sr adversely affect their operation or security. Customer shall rndemnify, defend. and hold vendor hamless from claims, demands, liabilities, losses, and costs and expenses (including attomeys' feesl arising out of or relatrng to Customer's breach of this Section 3. Vendor has the right (but not the obligation) to monitor and review all information and materials transferred to or otheruise stored under Customer's account in the Plattorm for information, material, or activity that Vendor deems in its sole discretion to violate these Platform Terms or the Agreement generally. Customer shall comply with all applicable laws and regulations in connection with its use of the Platform including export laws and obtarn any permrts, licenses, and authorizations reguired to be obtained by Customer in using the Platform. Customer shall not remove, modiry, or obscure any Vendor or other copynght, tracremark, or other proprietary notices affixed to or displayed on or in the Platform and shall not knowingly allow any third pany under Customer's control to take any such action. Customer is responsible under this Agreement for all activities conducted in the Platform Confidential xio lnc. (op1710) v.1.1 Contents 17 of 24
l9
EXHIBIT B: Platform Terms and Conditions
under its login credentials and account including those of its independent contractors or any other third pafty.
4. Customer Dat ; Right to UsG; Other Custome? Responslbllltles. Responsibility for ensuring that Customer Dati ii iccurate and reflects Customer requirements lies solely with Customer. Customer hereby grants Vendor the right and license to use. copy. store, t.ansmit, modify, pro<ess, and drsplay Customer Data for the purposes of performing Vendor's obligations under this Agreement. The Platform may require the use of Hardware or other equipment such as transmitting sensors and communicatrons and other hardware and software necessary to access the lntemet and the Platform, which are not included in Subscription Fees (collectively. the "Equapment") and Customer is responsible for obtaining and maintaining Equipment, at Customer expense. Customer rs responsible for maintaining the security of the Equipment, customer account information, passwords and files, and for all uses of customet's Plafform account or the Equipment with or without Customer's knowledge or consent (excluding uses by Vendor in performing its obligations under this Agreement). Customer consents to Vendor's (reation of De.identified Data from Customer Data. Vendor owns all right, title, and interest in and to De-identified oata and nothing herein restricts vendor's use of De-identified Data in any manner whatsoever.
5. SubscrlF,tlon Fees. Customer shall pay all Subscription Fees in the amounts and according to the terms ai areEtErttr in tne applacable Orders procuring the Subscriptions. Ex(ePt as otherwise specified in the Agreement, (i) subscription Fees will be invoiced annually in advance and due within thirty (30) days of Cuitomer's receipt ofthe invoice. and (ial Vendor may increase Subscription Fees at each renewal of the Subscription Term by notice delivered at least 120 days' prior to the renewal. lf Customer's use of the Platform exceeds the parameters or restrictions set forth in the applicable Order or otherwise requires the payment of additional Subscription Fees (per the terns of this Agreement), Customer will be billed for such usage and Customer agrees to pay the additional fees in the manner provided herein.
Subscriptions Fees are not refundable except in accordance with this Agreement.
6. Servlca LevGl Ag.eoment Terrns. During the Subscription Term. Vendor shall meet the service levels @ditionsindicatedintheserviceLevelA9reementTermsattachedas Exhibit C.
7. ptetform Dlsclalmer. Without limiting Section 14 of the General Terms (Disclaimers), the Platform provtdA-blvg;aor r€nas upon numerclus interconnected communication and other technologies that are inherenily not fault-free and may contain erors or become interrupted. Vendor disclaims responsibility for liabiliiies, losses. claims. and demands resulting from any such erors or interruptrons. The Platfom should not be used for fault-intolerant applications or where such enors or interuptions would present a high degree of risk. Certain Platform features allow alerts and notifications to be sent to mobile devices.
Vendor ls not responsible for text or other mobile communrcations charges resulting ftom such alerts and notifications or for alert farlures due to failures of the mobile device or its connectivity. Vendor is not responsible for Platform errors due to Hardware or other equipment failure.
8. lmprovGments to Platform. Vendor may make enhancements, updates, and other modifications to ifrEfu=aiid;iEluEE;reEce, usabitiry, and documentation of the Platform from time to time in its sole discretion as part of its ongoing effort to improve its offerings, so long as such modifications do not materially diminish the functionality of the Platform.
9. Own€rship of Ptatfonn. Without hmiting Section 7 of the General Terms (Ownershrp; Propnetary Rig-h-GI. ;sretween vendor and customer. vendor owns all nght, title and interest in and to the Platform iniluding all tnteltectual Property Rights therein. Nothing in this Agreement grants Customer any right. title or interest in or to the Platform other than the limited right to access and use the Platform during the subscriptaon Term in accordance with the Agreement. All rights not expressly granted to customer rn this Agreement are reserved by Vendor.
event !hat party has committed a that
is not
must
leged
days afrer the other notice thereof, which notice
breach in sufficient detail so as to provide the aloppo(unity to cure the alleged breach, except that the cure period
11. Effect of Termination.
shall cease all use of the
Upon termination or expiration of a Subscription. for any reason, Customer Platfom and Vendor has the rrght, at any time more than ninety (90) days following such termination or expiration, to permanently delete Customer Data and Customer's account associated wrth the temrnated Subscription.
Confidential XiO lnc. (opl710) v.1.1 Contents 18 of 24
20 cured wrthin
expressly state
EXHIBIT B: Platform Terms and Conditions
12. Erport; U,S. Governmental Rlghts. Customer shall not remove or export from the United States or knowingly permit the export or re-export of the Platform, or any of its source code, object code, or underlying structure, rdeas. know-how or algorithms. documentation or data (the 'Platform lllaterlals',, or anything related thereto, or any direct product thereof in violation of any restrictions, laws or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control. or any other United States or foreign agency or authority. The Platform Materials are 'commercial items", "commercial computer software-, and 'commercial computer software documentation" under U.S. federal acquisition regulations (FAR) and U.5. defense federal acquisition regulations (DFAR). Consistent wrth such regulations. any use modification, reproduction, release, performance. display, or disclosure of Platform Materials by the U.S. Govemment will be govemed solely by the tems ol this Agreement and will be prohibited except to the extent expressly permitted by this Aqreement.
End Platform Terms and Conditions
Confidential XiO lnc. (opI710) v.1.1 Contents 19 of 24
2t
EXHIBIT C: Service Level Agreement Terms
EXHIBIT C: Servlce Level Agreemcnt Terms
These Service Level Agreement Tems (these "SLA T6rms') are provided pursuant to that certain Agreement to which these SLA Terms are attached between Vendor and Customer and form part of the Agreement.
Capitalized tems used in these SLA Terms, but not defined herein have the meaning given to them elsewhere in the Agreement.
1. Avsilability Sen icc Lcvcls
1.1 Defnitions For purposes of these SLA Terms, the following tems have the tollowing meanrngs:
1.1.1 "Emergency ttalntenance" means Vendor's unplanned or emergency maintenance for application of hotfixes. security related maintenance activities, and other actions necessary to maintain the integrity or operation of the Platform during whi<h the Platform is unavailable.
1.1.2 "Scheduled malntanance" means scheduled marntenance to maintain the integrity or operation of the Platfom during which the Platfom is unavailable. 1 l.3 "Total lrlonthly Tim€" means the total number of minutes in the applicable calendar month.
1.1.4 "Unavailable Monthly Time" means the total number of minutes in the applicable calendar month during which the Platfom was unavailable for use1.1.5 "Uptlme Per.carltagc" = ((A-B+C)/A) multiplied by 100 and expressed as a percentage, where:
A = Total Monthly Trme;
B = Unavailable Monthly Tlme; and
c = Excluded MonthlyTime (as defined below)
1.2 Avaalabllity Commitment Subiect to these SLA Terms:
1.2.1 Durinq the Subscription Term. Vendor shall use commercrally reasonable effons to ensure that the Platfom will have an Uptim€ Percentage of at least 99.916: and
1.2.2 VendorshallendeavortoscheduleScheduledMaintenancetooccuroutsideofVendodsnormal business hou6 and to provide Customer at least 48 hours' notrce prior to Scheduled Maintenance. No prior notice to Customer is required for Emergency Maintenance; however, Vendor shall use commercially reasonable efforts to notiry Customer in advance of Emengency Maintenance.
1.3 Exclusions. Notwithstanding anything to the contrary in these SLATems, no Unavailable Monthly Time will be deemed to have occured it it: (a) is caused by factors outside of vendor's reasonable control. including, without limitation, lntemet access or related problems occurring beyond the pornt in the network where Vendor marntarns access and control over the Platform; (b) results from failures or issues in satellite, radio, cellular, or other non-lntemet-based telecommunications transmissions used to communicate with or to the Platform, whether ptocured through Vendor or otherwise; (c) results from any actions or rnactrons of Customer or any third party (ex(ept for Vendor's agents and subcontractors); (d) results from any Customer third party application(s), Customer's equipment, software, or other te(hnology, add-on services. or third-party equipment. software, or other technology; (e) occurs during Scheduled Maintenance; (0 o<curs during Emergency Maintenance; or (g) rs less than 6ve (5) minutes of continuous unavailabrlity in duration (minutes ot unavailability in the calendar month resulting from (a)-(9) collectively, "Ercludcd Uonthly Time').
1.4 Unavallablllty Ctrdlts
For any calendar month that has an Uptime Percentage indicated in the Unavailability Credit Table below, Customer may request an Unavailability Credit correspondrng to the Uptime Percentage, where -Unavailability Credit" is calculated as the applicable Unavailability Credit Percentage of the Subscription Fees corresponding to the calendar month at issue. The Unavailability Credit will be credited toward the next invoice for Subscription Fees or refunded if the Subscription Term expires or is terminated before it can be so credrted. customer must request the unavailability credit by submitttng a request to vendor via email to [email protected] during the first 15 calendar days of the calendar month immediately following the calendar month for whrch the credit rs claimed.
Unavailability Credit Table:
Confidential XiO lnc. (opl710) v.1.1 Contents 2O of 24
1.4.1 r.4.2
1.4.3 22
EXHIBIT C: Service Level Agreement Terms
UnavalLability Credit Pertentage
(%)
99.5% - <99.9% 2.0%
98.5% - <99.5% 3.0%
<98.5% 5.0%
1.5 Chrcnlc Un.v.ilability lf the Platform experiences an Uptime Percentage that is less than 98.596 for any two conse<utive months, or for any four out of l2 consecutive months. then Customer will have the right, upon l0 business days' notice to Vendor, to terminate the Subscription in which case Vendor shall refund to Customer its prepaid and unused fees corresponding to the period from the effective date of termination to the expiration of the then applicable Subscription Term. The foregoing credits and termination right constitute vendor's sole and entire liability to Customer. and Customer's sole and exclusive remedy with respect to Vendor's failure to meet Vendor's commitments regarding availability of the Platfiorm provided in this Exhibit C.
2. Standard Support
2.1 Standard Support Acccss and Hours. Vendor shall provide requested general technical suppon services to address errors in the Platform as further described in and subject to the Standard Support terms in this Section 2 of these SLA Terms (such support services, 'Standard Support").
Standard Support is available without extra charge from 8am - 5pm Pacific time, Monday - Friday, except Vendor holidays ('Standard Support Hou6') through Vendor's online ticketing system accessible at www.xtowater.com and via email at [email protected]. Vendor reserves the right to update the contact information for accessing Standard Suppon from time to time by written notice to Customer.
2.2 Standatd Support Servlca Levels. Each request for Standard Support recerved by Customer must rdentify an Error (defined below) and wrll be assigned a case number (each, a -Case'). An "Error" means a failure of the Platform to perform rn accordance with its specifications as further described in the Eror Descriptron column Oelow. For each Eror. vendor will prioritize the Case in accordance with the Severity Levels in the table below and wall work to provide a temporary or permanent Solution, fix, or work-around that resolves the material aspects of the Error with the coresponding Level of Effort as descrrbed in the table below.
2.3 St ndard Support Servlce Levels lbble:
Confidential XiO lnc. (op1710) v.1.1 Contents 2l of 24
23 Uptime Percentage
EXHIBIT C: Service Level Agreement Terms
vendor Shall use commercially
reasonable efforts, applying
resources during nomal
business hours. to correct the
Error as quickly as reasonably
practicable.
'Severity 4
(tow)"
. support provided outside of the standard support Hours; . support that relates to or becomes necessary due to failure of computer hardware, equipment or programs not provided by vendor,
Confidential XiO lnc. (opl710) v.1.1 Contents 22 of 24
As used above, "rbrget lnitlal Ra3pons€ timc" means the elapsed time during standard support Hours between the moment a request regarding an Eror is flrst submitted to Vendor via a Standard Support contact until vendor first responds to the request except that. if the request is submiRed during the last 30 minutes of suppon Hours on a given day, the elapsed time will be measured from the start of the next day on which Standard SuPport Hours are available.
Under no circumstances does Vendor warrant or represent that Erro6 can or will be corrected.
2.4 Customer Obllgauons for Standard Support. vendor's ability and obligation to tulfill its Stanstomer(a)providin9allrelevantinformationnec. essary for Vendor to regpond to a Standard Support request within the applicable response times set forth above; (b) providing all relevant infomation and any additional requested information and documentation necessary for Vendor to reproduce the Eror; (c) designation of Customer's primary and secondary contacts (along with after-hours contact infonnation for Such personnel) who have been trained on the Platform and who can provide Vendor with all requested information; (d) submission of Standard Support requests promptly in response to an Error; (e) using commercially reasonable etforts to diagnose and resolve problems in the operation of the customer's interface to the platfom prior to submrtting a request for Standard Suppon; (f) using commercially reasonable etforts to confirm that reported problems are not due to Customer's systems or thrrd-party systems; (g) consultation of Vendor-supplied documentatron before submitting Standard Support requests; and (h) providing Vendor with remote access to Customer's account or environment on the Platform for purposes of provrding the requested Standard Support. Customer acknowledqes that if it provides Vendor wrth eroneous informatron, or fails to provide all reasonably available information, then Vendor will not be liable for delays in. or improper performance of Standard Support. Customer is responsible for procuring, installing, and maintaining all applcations, equipment, telephone lines, communications interfaces, af,d other hardware necessary tO access the Platform and to obtain Standard Support.
2.5 Standard Support Excluslons. The following are outside the scope of Standard Support:
Error Description Level of Effort
Target
lnitial
Response
Time
"Severity 1
(Critical)"
Critical production issue
affecting all users, includrng
Platform unavailabitity and
data integrity i5sues with no
workaround available.
Vendor shall use best eftorts,
applying its resources on a 24
hour per day basis to the
exclusion of other priorities. lo
correct the Enor as quickly as
possible.
Four (4)
hours
Vendor shall use best etforts,
applying resources during
normal business hours, to
conect the Error as quickly as
reasonably practicable.
"Severity 2
(Hi9h)"
Major functionality is
impacted. lssue is persistent
and affects many users and/or
major functionality. No
reasonable workaround
available.
Four (4)
Hours
Platform performance issue or
bug affecting some but not all
users. Shon-term workaround
is available, but not scalable.
Eight (8)
hours
lnquiry regarding a routine
technical issue; bug affecting
a small number of use6.
Reasonable workaround
available.
vendor shall use commercially
reasonable efforts to correct
the Error.
Twenry four
(24) hours
24 Severity
Level
| "severity r I
I (Medium)" I
EXHIBIT C: Service Level Agreement Terms
. negligence of Customer, enor by Customer in operation of the Platform. or improper modification or use of hardware or software by Customer; . maintenance and Support of hardware, software programs, or data connections not provaded by Vendor ('Thl.d Patty P?oducts");
. development, customization. coding, installation. integratron, consulting, and training; . any other Services that are not for the identification and resolution of Errors in the Platform:
and
. issues or failures caused by:
- Customer acts or omissions. including any Customer misuse or abuse of the Vendor system or in violatron of the Agreement;
- Any force majeure event as described in the Agreement; - Viruses or system attacks not prevented by Vendor's application of industry standard antivirus software: and - An increase in Platform utilization by Customer materially beyond the Platform's standard or mutually agreed hosting capacity.
2.6 Out-of-Scop€ Support. lf Customer does not have Premium Technical Support and requests and receives technical support from Vendor that is provided outside of Standard Suppon Hours or rs otherwise outside the scope of Standard Suppon (for example, providing assistance or training in use of the Platform, troubleshooting of non-Vendor products or services, or light engtneenng advice) or if Customer is sublect to additional charges for overuse of Premium Technical Support as described in Sectron 3.3 ("Out-of-Scope Support"). then Customer will be charged and agrees to pay for such excess suppon on an hourly basis at Vendor's then generally appli(able hourly rates for the type of support provided. Higher rates will apply for Out of Scope Support provided outside of Standard Support Hours, that is outside of the scope of Standard Support, or that involves assistance from a Vendor engineer. Any such charges will be invoiced and payable monthly in arrears- Customer may request Vendor's support services hourly rates at any time. Out-of-Scope suppon is subiect to Section 3.5 below (Oisclaimer).
2.7 Chronlc Support fallures. lf Vendor materially fails to meet its Standard Support commitments in this Exhibit C for any two consecutrve months, or for any four out of 12 consecutive months as shown by reasonable documentation, then Customer will have the right. upon 30 days' prior written notice to Vendor, to terminate the Agreement in which case Vendor shall refund to Customer its prepaid and unused Subscription Fees corespondrng to the period from the effective date of termination to the expiration of the then applicable Subscription Term. The foregoing termination right constitutes Vendor's sole and entire liability to Customer, and Custome/s sole and exclusive remedy vvith respect to Vendor's failure to meet the Standard Support commitments in this Exhibit c.
3. Pr€mium Technical Support
3.1 The following terms apply only to CustomeB that have procured Premium Technical Suppon. Premium Technical Support is an enhanced te<hnical support plan, further described belovy, whtch includes an annual allotment of support pornts that may be redeemed at different rates depending on the nature and timing of the support provided and that, in addition to online ticketing and email suppon contacts provided with Standard Support, includes telephone suppon at the support telephone number made available by Vendor to its Premrum Technical Support Customers ('P,rmium Technlcal Support-).
3.2 Scope. ln addition to receiving Standard Support. Customers that have purchased Premium Technical Support may request technical support for assistance in the use of the Platfom, requests that may involve Some light engineenng, and requests that may involve or relate to software. hardtvare, seruices, or products provided by third pafties ('Thard-Party Products'). Sublect to Section 3.5 (Disclaimer) below, Vendor will use its commercially reasonable etfons to fulfill and/or resolve its Premium Technical Support requests. Standard Support requests (i.e., those involving errors rn the Platform provided during Standard Suppoft Hours) wrll be subiect to the Standard Support tems in Section 2 (Standard Suppoft) above.
3.3 Support Points. On or before the Start Date of rhe Subscription Tem, Cugtomers with Premium Technical Support will be allotted the number of support pornts indicated in the applcable Order purchasing Premium Technical Suppo(, which points will be redeemable during the Subscnptron Term. The points expire if not redeemed dunng the Subscription Term for which they were allotted.
Support points are redeemed for Premium Technical Support provided at the applicable rate rn the table below based On the time spent by Vendor providing the Support, Subiect to the rounding Confidential XiO lnc. (op1710) v.1.1 Contents 23 of 24
25 EXHIBIT C: Service Level Agreement Terms
described below. Premium Technical Support provided via telephone, email, the online ticketing portal, or othenvise, as well as time spent by Vendor on the suppon case outside of communications with customer count for purposes of determining points redeemed. standard support provided during standard support Hours will not use or count against Premium Technical suppon points.
Every apprOximately three months, Vendor will provide Customer a Statement of Standard and Premium Technical Support provided and an accounting of points redeemed and remaining since the period covered by the last such repon provided (or since the start Date, as applcable). lf Customer has exhausted i!'s available points during the Subscription Term, Premium Technical Support will still be provided at Vendor's applicable hourly rates in the mannerspecified in Section
2.6 (Out-of-Scope support), except that the rates wrll be discounted by the discount percentage applicable to the Premium Support level or plan that Customer has procured (as indicated in the applicable Order). Unused points have no cash value and expire upon termination or expiration of the Subscription for which the Premium Technical Support was pro(ured.
3.4 Premlum Technical Support Point Redemption Ratesr
Premium Technical Support
(not provided by a Vendor
engineer)
Premium Technical Suppon or
Standard Support (not
provided by a Vendor
engineer)"
Premium Support
provided by a Vendor
engineer"'
During Standard Support
Hours
Outsrde Standard Support
Hours
Dunng Standard SuPPort
Hours
1 point redeemed Per hour of
support provided.
1.5 points redeemed Per hour
of support provrded.
2 points redeemed per hour
of support provided.
.For purposes of pornt redemption for a support case, Premium Technical Support provided for the case will be rounded up to the nearest 6 minute increment. For example. with respect to a Premium Technical Support case, 21 minutes of actual time spent by Vendor providing the support would be treated as the provision of 24 minutes of support.
'- Support provided outside of Standard Support Hours (regardless of whether the lssue is within or outside the scope of Standard Support) redeems points at 1.5 points per hour, subject to the applicable rounding described above.
.-. Engineer-provided Premium Technical Support is not avarlable outside of Standard Support Hours.
3-S Dlsclaamcr. With respect to Premium Technical Support that involves engineering and/or that relates to Thrrd Party Products, Customer acknowledges that Vendor makes no guarantees as to Vendor'S abihty tO resolve Or othemrse provide such Support Or as tO the ac(uracy Or appropriateness of any such support that rs provrded. Engineering provided through Premium Technical Support is intended for relatively minor engineering matters or where exigent circumstances require immediate attention and actron. Engineering needs that involve complex or critical tunctions or problems should be addressed, if at all, through the provision ot Professional Services separately procured pursuant to a properly scoped Statement of Work and not through Premium Technrcal 5uF port whenever possible. Vendor reserves the right at any time to decline to provide engineering and assistance with Thrrd Party Products through Premium Technical Support that Vendor detemines in its sole discretion is beyond the scope of what rs appropriate for Premium Technical Support. including at any time after such support has been commenced.
3.6 Changes to these lL/!EIm!. During the Subscription Term, upon reasonable notice, Vendor reservE therigFt to reasonJbty modrry tnese SLA Terms, but not in manner that materially, adversely reduces Vendor's commitments herein.
End of Servrce Level Agreement Terms
Confidential XiO lnc. (op1710) v.1.1 Contents 24 of 24
Ourang/Outside Standard
Support Hours Rate of Point Redemption' fype of Premium Technical Support
26 CITY OF
TEHACHAPI
CALIFORNIA
COUNCIL REPORTS
MEETING DATE: MARCH t8,2024 AGENDASECTION: DEVELOPMENTSERVICES
APPROVED
DEPARTMENT
CITY
TO: HONORABLE MAYOR DAVIES AND COUNCIL MEMBERS
FROM: JOHN (JAYI SCHLOSSER, P.E., DEVELOPMENT SERVICES DIRECTOR MARCH 1.1.,2024
SUBJECT: PROGRAM SUPPLEMENT AGREEMENT NO. OOOOOA451 TO ADMINISTERING AGENCY.STATE AGREEMENT FOR STATE FUNDED PROJECTS, AGREEMENT NO. 09.5184521, PROJECT NO.
ATPL-5184 (043) AND RESOTUTION
DATE:
ND
As the Council is aware, the City has been allocated funding and has received an Authorization to Proceed from the California Department of Transportation (Cal Trans) for the Active Transportation Program (ATP) to construct new curb, gutter, sidewalk and ADA ramps on the north side of Valley Boulevard between Oakwood Street and Curry Street; and on Mill Street between Valley Boulevard and Tehachapi Boulevard. According to the Master Agreement between the City and Cal Trans, the City is obligated to approve and sign a Program Supplement Agreement on a project-by-project basis for certain programs that do not fall under that Master Agreement. This agreement is for the preliminary engineering phase of this project, also referenced as PA&ED.
Attached to this memorandum is Program Supplement Agreement No. 00000A451for the Valley and Mill Gap Closure Project as well as a Resolution authorizing the Mayor to execute same. This necessary step must occur in order to receive state reimbursement for any funds expended on the design and construction of this project.
RECOMMENDATION:
ADOPT RESOLUTTON AUTHORIZTNG THE MAYOR TO SIGN AND EXECUTE PROGRAM SUPPLEMENT AGREEMENT NO. o0oooA451To ADM|N|STERING AGENCY-STATE MASTER AGREEMENT NO.09-5184521, PROJECT NO. ATP-5184(043).
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PROGRAM SUPPLEMENT NO. OOOOOA451
to
ADMINISTERING AGENCY.STATE AGREEMENT
FOR STATE FUNDED PROJECTS NO 09-5184521
Adv. Project lD Date: February 13,2024
0924000017 Location: 09-KER-0-THPI
Project Number: ATPL-S1 84(043)
E.A. Number:
Locode:5184
This Program Supplement, effective 0112612024, hereby adopts and incorporates into the Administering Agency-State Agreement No. 09-5184521 for State Funded Projects which was entered into between the ADMINISTERING AGENCY and the STATE with an effective date of 0512412021 and is subject to all the terms and conditions thereof. This PROGRAM SUPPLEMENT is executed in accordance with Article I of the aforementioned Master Agreement under authority of Resolution No. approved by the ADMINISTERING AGENCY on (See copy attached).
The ADMINISTERING AGENCY further stipulates that as a condition to the payment by the State of any funds derived from sources noted below encumbered to this project, Administering Agency accepts and will comply with the Special Covenants and remarks set forth on the following pages.
PROJECT LOCATION: On the north side of West Valley Boulevard between Oakwood Street and Curry Street; and on Mill Street between Valley Boulevard and Tehachapi Boulevard. ln the City of Tehachapi.
TYPE OF WORK: Pedestrian and Bike Path LENGTH: 0.0(MILES) Estimated Funds
OTHER
$65,000. $0.00
CITY OF TEHACHAPI STATE OF CALIFORNIA
Department of Transportation
By
Title
Date
Attest
By
Chief, Office of Project lmplementation
Division of Local Assistance
Date
State Funds
STATE $65,000.00 LOCAL
$0.00
I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance:
U* l/.., Date 211312024 0a Accounting Officer
Program Supplement 09-518-A451- SERIAL Page 1 ot 4
$65,000.00
09.KER.O.THPI
ATPL-5184(043)
I
SPECIAL COVENANTS OR REMARKS
A. This PROJECT will be administered in accordance with the applicable CTC STIP guidelines and the Active Transportation Program guidelines as adopted or amended, the Local Assistance Procedures Manual (LAPM), the Local Assistance Program Guidelines (LAPG), and this PROGRAM SUPPLEMENT.
B. This PROJECT is programmed to receive State funds from the Active Transportation Program (ATP). Funding may be provided under one or more components. A component(s) specific fund allocation is required, in addition to other requirements, before reimbursable work can occur for the component(s) identified. Each allocation will be assigned an effective date and identify the amount of funds allocated per component(s).
This PROGRAM SUPPLEMENT has been prepared to allow reimbursement of eligible PROJECT expenditures for the component(s) allocated. Unless otherwise determined, the effective date of the component specific allocation will constitute the start of reimbursable expenditures.
C. STATE and ADMINISTERING AGENCY agree that any additional funds made available by future allocations will be encumbered on this PROJECT by use of a STATE-approved Allocation Letter and STATE Finance Letter. ADMINISTERING AGENCY agrees that STATE funds available for reimbursement will be limited to the amount allocated by the California Transportation Commission (CTC) and/or the STATE.
D. Upon ADMINISTERING AGENCY request, the CTC and/or STATE may approve supplementary allocations, time extensions, and fund transfers between components. Funds transferred between allocated project components retain their original timely use of funds deadlines, but an approved time extension will revise the timely use of funds criteria for the component(s) and allocation(s) requested. Approved supplementary allocations, time extensions, and fund transfers between components made after the execution of this PROGRAM SUPPLEMENT will be documented and considered subject to the terms and conditions thereof.
Documentation will consist of a STATE approved Allocation Letter, Fund Transfer Letter, Time Extension Letter, and Finance Letter, as appropriate.
E. This PROJECT is subject to the timely use of funds provisions enacted by the Active Transportation Program guidelines, as adopted or amended, and by approved CTC and State procedures as outlined below.
Funds allocated for the environmental & permits (E&P), plan specifications & estimate (PS&E), and right-of-way components are available for expenditure until the end of the second fiscal year following the year in which the funds were allocated.
Program Supplement 09-518-A451- SERIAL Page 2 ol4
O9.KER.O.THPI
ATPL-5184(043)
SPECIAL COVENANTS OR REMARKS
Funds allocated for the construction component are subject to an award deadline and contract completion deadline. ADMINISTERING AGENCY agrees to award the contract within 6 months of the construction fund allocation and to complete and accept the construction within 36 months of award.
F. Award information shall be submitted by the ADMINISTERING AGENCY to the District Local Assistance Engineer immediately after project contract award and prior to the submittal of the ADMINISTERING AGENCY'S first invoice for the construction contract. Failure to do so will cause a delay in the State processing of invoices for the construction phase.
G. The ADMINISTERING AGENCY shall invoice STATE for environmental & permits (E&P), plans specifications & estimate (PS&E), and right-of-way costs no later than 180 days after the end of last eligible fiscal year of expenditure. For construction costs, the ADMINISTERING AGENCY has 180 days after project completion or contract acceptance to make the final payment to the contractor prepare the final Report of Expenditures and final invoice, and submit to STATE for verification and payment.
H. ADMINISTERING AGENCY agrees to submit the final report documents that collectively constitute a "Report of Expenditures" within one hundred eighty (180) days of PROJECT completion. Failure of ADMINISTERING AGENCY to submit a "Final Report of Expenditures" within 180 days of PROJECT completion will result in STATE imposing sanctions upon ADMINISTERING AGENCY in accordance with the current LAPM and the Active Transportation Program (ATP) Guidelines.
l. ADMINISTERING AGENCY indirect costs, as defined in 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirement for Federal Awards, to be claimed must be allocated in accordance with an lndirect Cost Allocation Plan (ICAP), submitted, reviewed, and approved in accordance with Caltrans Audits and lnvestigations requirements which may be accessed at: www.dot.ca.gov/hq/audits/.
ADMINISTERING AGENCY agrees to comply with, and require all sub-recipients and project sponsors to comply with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirement for Federal Awards, and all applicable Federal and State laws and regulations.
ADMINISTERING AGENCY agrees, and will assure that its contractors and subcontractors will be obligated to agree, that Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., and all applicable Federal and State laws and regulations, shall be used to determine the allowability of individual PROJECT cost items.
Any Fund expenditures for costs for which ADMINISTERING AGENCY has received Program Supplement 09--518-A451- SERIAL Page 3 of4
09.KER.O.THPI
ATPL-sl84(043)
2 SPECIAL GOVENANTS OR REMARKS
payment or credit that are determined by subsequent audit to be unallowable under 2 CFR, Part 200, or 48 CFR, Chapter 1, Part 3, are subject to repayment by ADMINISTERING AGENCY to STATE. Should ADMINISTERING AGENCY fail to reimburse Funds due STATE within 30 days of demand, or within such other period as may be agreed in writing between the Parties hereto, STATE is authorized to intercept and withhold future payments due ADMINISTERING AGENCY from STATE or any third-party source, including, but not limited to, the State Treasurer, the State Controller, and the California Transportation Commission.
J. By executing this PROGRAM SUPPLEMENT, ADMINISTERING AGENCY agrees to comply with all reporting requirements in accordance with the Active Transportation Program guidelines, as adopted or amended.
K. This PROJECT has received funds from Active Transportation Program (ATP). The ADMINISTERING AGENCY agrees to administer the project in accordance with the CTC Adopted SB1 Accountability and Transparency Guidelines.
The ADMINISTERING AGENCY shall construct the PROJECT in accordance with the scope of work presented in the application and approved by the California Transportation Commission. Any changes to the approved PROJECT scope without the prior expressed approval of the California Transportation Commission are ineligible for reimbursement and may result in the entire PROJECT becoming ineligible for reimbursement.
Program Supplement 09-518-A451- SERIAL Page 4 ot 4
CITY OF
TEHACHAPI
LEGAL DEPARTMENT
RESOLUTION NO.
A RESOTUTION OF THE CIW COUNCIT OF THE CITY OF
TEHACHAPIAUTHORIZING THE MAYOR TO SIGN AND EXECUTE
PROGRAM SUPPTEMENT AGREEMENT NO. A451 TO
ADMINISTERING AGENCY-STATE MASTER AGREEMENT FOR
FEDERAL-AID PROJECTS, AGREEMENT NO. U'-5184S21,
PROJECT NO. ATPr-s184 (043)
WHEREAS, the Legislature of the State of California has enacted legislation by which certain State funds are made available for use on local transportation related projects of public entities qualified to act as recipients of these state funds; and WHEREAS, the administering agency has applied to the California Transportation Commission (CTC) and/or STATE for funding from either State Transportation lmprovement Program (STIP), or other State-funded programs (herein referred to as STATE FUNDS), as defined in the Local Assistance Program Guidelines (LAPG), for use on local authorized transportation related projects as a localadministered project(s), hereinafter referred to as "PROJECT'; and WHEREAS, before STATE FUNDS will be made available for PROJECT, ADMINISTERING AGENCY and STATE are required to enter into an agreement to establish terms and conditions applicable to ADMINISTERING AGENCY when receiving STATE FUNDS for a designated PROJECT facility and to the subsequent operation and maintenance of that completed facility.
NOW, THEREFORE, lT lS HEREBY RESOLVED as follows: that the Mayor of the City of Tehachapi is herewith authorized to sign and execute the PROGRAM SUPPLEMENT AGREEMENT NO.
A451 TO ADMINISTERING AGENCY-STATE AGREEMENT FOR FEDERAL-AID PROJECTS, AGREEMENT NO.09-5184521, FOR PROJECT NO. ATPL-5184 (043), between the City of Tehachapiand Caltrans.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Tehachapi at a
CITY OF
TEHACHAPI
LEGAL DEPARTMENT
regular meeting this 18th day of March,2024.
AYES:
NOES:
ABSENT:
ABSTAIN:
MICHAEL DAVIES, MAYOR
City of Tehachapi, California
ATTEST:
TORI MARSH, CIW CLERK
City of Tehachapi, California
I hereby certify that the foregoing resolution was duly and regularly adopted by the City Council of the City of Tehachapi at a regular meeting thereof held on March 6,2020.
TORI MARSH, CITY CLERK
City of Tehachapi, California
TEHACHAPI
CALIFORNIA
COUNCIL REPORTS
MEETING DATE: March t8,2024 AGENDA SECTION: DEVETOPMENT SERVICES
DEPARTMENT
APPROVED
ctw
TO: HONORABLE MAYOR DAVIES AND COUNCIT MEMBERS
JAY SCHLOSSER, DEVELOPMENT SERVICES D!RECTOR
MARCH L3,2O24
ASSIGNMENT & ASSUMPTION AGREEMENT AND FIRST AMENDMENT TO IMPROVEMENT AGREEMENT FOR FINAT MAP NO.6248
FROM:
DATE:
SUBJECT:
BACKGROUND:
Tentative Tract Map 6248 was initially approved by the City of Tehachapi in 2003 and represents the oldest residential subdivision project on the City's records. The proposed development is located at the southern end of Robinson Street adjacent to the Wells Education Center and includes 30 lots. Two previous owners/developers failed to move the project into construction leaving staff on the verge of expiring the tentative tract map when the property changed ownership again. Saticoy Development Company, LLC approached the city to continue the map and move the project forward. Saticoy successfully recorded the Final Tract Map on June 15, 2023 and launched construction. As the project progressed into construction, it underwent an ownership change. This has led to Family Lodging, LLC becoming the sole owner of Tract 6248.
Family Lodging, LLC has been working with the city for the past 3-4 months to continue construction. The original improvement agreement was approved on August L5,2022. Since then, 80% of the public improvements have been completed.
PROPOSAL:
This action proposes to move responsibility for the final 20% of the public improvements to Family Lodging, LLC. City staff feels this remains a manageable project for the developer and is in a favorable location that would be an asset to the downtown area. Attached first is an Assignment and Assumption Agreement that will transfer responsibility for the original lmprovement Agreement from Saticoy to Family Lodging. To address the changing project security (bonds), the attached First Amendment to lmprovement Agreement for Final Tract Map No. 6248 was prepared. This amendment serves to allow Family Lodging to make a cash deposit of 5486,289 as security for the remainder of the project work. This deposit assures the city that the unfinished remaining improvements are completed in a timely manner.
The proposed agreement also governs reimbursement terms for the City's expenses in monitoring the project construction. Once construction is complete to the satisfaction of the City Engineer, Staff will request that the Council approve those improvements completing the effort.
RECOMMENDAT!ON:
APPROVE AND AUTHORIZE THE MAYOR TO SIGN BOTH THE ASSIGNMENT AND ASSUMPTION AGREEMENT AND THE FIRST AMENDMENT TO IMPROVEMENT AGREEMENT FOR FINAL TRACT MAP NO. 5248 ATTACHMENT A: Aerial Site View
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ASSIGNMENT AND ASSI,'MPTION AGREEMENT
THIS AGREEMENT made this day of
SATICOY DEVELOPMENT COMPANY, LLC, a California Limited
("Assignor") and FAMILY LODGING INVESTMENT PROPERTIES LLC.
Liability Company (the "Assignee") who agree as follows:
?024 by and betrueen
Liability Company
a California Limited
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 the lmprovement Agreement for Final Tract Map No. 6248 between Assignor and the City of Tehachapi (*City") dated August 15, 2022 (the "Agreement"). Assignee hereby accepts the foregoing assignment and assumes all of Assignor's obligations under the Agreement and agrees to perform same.
2. This Agreement shall be govemed by and construed in accordance with the laws of the State of Califomia.
3. A facsimile or electronic copy of this fully executed Assigrunent shall be as effective as the original for all purposes. The parties agree that a facsimile or electronic copy of this Agreement shall be as effective as the original for all purposes.
IN WITNESS WHEREOF, the parties have executed this Assignment to be effective on the date first hereinabove written.
FAMILY LODGTNG I}WESTMENT
PROPERTIES
, LLC, a California Limited Liability
Company, "Assignee"
By: BSI Energy Partners II. LLC, a California
Limited Liability Company, Its Managing Member
By
Its
SATICOY COMPAI.IY, LLC, a
Caiifomia Limited L Company, "Assignor"
By
TIM FINNIGA Member
The undersigned hereby consents to the foregoing assignmenr MICHAEL DAVIES, Mayor, City of Tehachapi,
Califomia
uuuuorgil EilvEtuPE tu. JJJn+zvuu r DZ4urn-Junr-onJ r JJE94UEU
FIRST AMENDMENT TO IMPROVEMENT AGREEMENT
FOR
FTNAL TRACT MAP NO. 6248
THIS AMENDMENT TO AGREEMENT made and entered into this _ day of 2024by and between the CITY OF TEHACHAPI, a municipal corporation of the State of California, hereinafter referred to as "CITY", and FAMILY LODGING INVESTMENT PROPERTIES LLC, a California Limited Liability Company hereinafter referred to as ''SUBDIVIDER,''
WITNES$ETH:
WHEREAS, CITY and SUBDIVIDER's predecessor in interest (the "ASSIGNOR") entered into that certain Improvement Agreement for Final Tract Map No. 6248 dated August 15, 2022 (the "Agreement") and ASSIGNOR has completed most of the Remaining Improvements described therein; and
WHEREAS, ASSIGNOR has assigned its interest in the Agreement to SUBDIVIDER; and WHEREAS, the parties wish to replace the performance bond and labor and materials bond with a Cash Deposit hereinafter described and in the reduced amounts determined by the City Engineer as still remaining to be completed and to remove the monuments bond and add a guarantee bond; and
WHEREAS, the parties wish to allow for a deposit with CITY by SUBDIVIDER of money equal to the estimated cost of the unfinished Remaining Improvements in the place of bonds (the "Cash Deposit"), with CITY to pay out the Cash Deposit to SUBDIVIDER as hereinafter described and as authorized pursuant to Section 66499 of the California Subdivision Map Act.
NOW, THEREFORE, the parties hereby amend the Agreement as follows:
l. The parties incorporate the foregoing recitals as if fully set forth herein verbatim.
The capitalized terms used herein shall have the same meaning as in the Agreement unless otherwise specifically described herein.
2. following:
The parties hereby replace Section 2 of the Agreement in its entirety with the "2. (a) This Agreement shall be secured by good and sufficient security in the form of a Cash Deposit paid to CITY hereinafter described. The total of the Cash Deposit shall be $486,289.00 in immediately available funds. The Cash Deposit shall be for assuring construction of the unfinished Remaining Improvements; and for payment of all labor and materials for the existing Remaining Improvements; and shall not fall below a balance of $200,000.00 for a guarantee of the construction, labor, and materials utilized in completing the unfinished Remaining Improvements, provided, however, that should the cost of construction of the unfinished Remaining Improvements exceed $286,289.00, then I
uuLuorgil EilvEluPE 19, oJJnazvv-v r oza9rn-Junr-onJ, JJEDZUEJ no further portion of the Cash Deposit shall be released to SUBDIVIDER. The foregoing amounts are as shown on the estimated costs of the unfinished Remaining Improvements described in the SUBDIVIDER's estimate as approved by and on file with the City Engineer and incorporated herein in full by this reference. "(b) The Cash Deposit shall be paid to SUBDIVIDER by CITY as SUBDIVIDER completes construction of the unfinished Remaining Improvements pursuant to written invoices from SUBDIVIDER submitted no more often than monthly and containing only those costs for the unfinished Remaining Improvements which have been completed to the reasonable satisfaction of CITY and approved by the City Engineer.
Any approval shall be provided within twenty (20) calendar days of the City Engineer's determination of approval. Upon approval by the City Engineer, the CITY shall pay the requested Cash Deposit to SUBDIVIDER within thirty (30) calendar days subject to the restrictions at paragraph 2(a). Payments of the Cash Deposit shall be without interest on the Cash Deposit and any interest accruing on the Cash Deposit shall be retained by CITY for reimbursement of its costs in handling the Cash Deposit. "(c) Upon payment of the Cash Deposit the performance bond and labor and materials bond may be cancelled by the SUBDIVIDER and CITY shall provide any required approvals for release of the existing bonds.
"(d) Upon the completion of the unfinished Remaining Improvements, the Cash Deposit shall retain a minimum balance of $200,000 as a guarantee against defective work or labor or defective materials on all of the work associated with the SUBDIVSION for a period of one (1) year following completion. At the discretion of the SUBDIVIDER, the SUBDIVIDER may furnish a guarantee bond of $497,179 in lieu of the Cash Security prior to approval of the work." The balance of the Cash Deposit, if any and reduced by the cost of any defective work or labor or defective materials, shall be released to SUBDIVIDER by CITY at the end of one (l) year following completion.
3. The parties hereby delete Section 4 of the Agreement in its entirety.
4. Except as amended herein, the Agreement and each of its terms and conditions are hereby reaffirmed and shall remain in full force and effect. In the event of any inconsistency or ambiguity between this Amendment and the Agreement, the terms of this Amendment shall prevail.
5. This Amendment may be executed in counterparts. The parties agree that a facsimile or electronic copy ofthis Amendment shall be as effective as the original for all purposes.
IN WITNESS WHEREOF, the parties have executed this Amendment to be effective on the date first herein above written.
FAMILY LODGING TNVESTMENT
PROPERTIES , LLC, a Califomia Limited Liability
Company, "SUBDIVIDER"
2 uuuuorgil EilvtrruPtr tu. JyJnrzuu-v r ozavrn-Yunr-onu, JJEDZUEJ APPROVED AS TO CONTENT:
City Engineer of the City of Tehachapi,
California
By: BSI Energy Partners II, LLC, a California
Limited Liability Company, Its Managing Member
JEFFREY
Its Authorized Signatory
MICHAEL DAVIES, Mayor of the
City of Tehachapi, California, "CITY"
J
Y
uuuuorgr EilvtrruPE tu. JJJn$zuVv r oz*urn-Junr-onJ r uyEo4uEU
FIRST AMENDMENT TO IMPROVEMENT AGREEMENT
FOR
FINAL TRACT MAP NO. 6248
THIS AMENDMENT TO AGREEMENT made and entered into this _ day of 2024by and between the CITY OF TEHACHAPI, a municipal corporation of the State of Califomia, hereinafter referred to as "CITY", and FAMILY LODGING INVESTMENT PROPERTIES LLC, a Califomia Limited Liability Company hereinafter referred to as ''SUBDIVIDER,''
WITNEgSETH:
WHEREAS, CITY and SUBDIVIDER's predecessor in interest (the "ASSIGNOR") entered into that certain Improvement Agreement for Final Tract Map No. 6248 dated August 15, 2022 (the "Agreement") and ASSIGNOR has completed most of the Remaining Improvements described therein; and
WHEREAS, ASSIGNOR has assigned its interest in the Agreement to SUBDIVIDER; and WHEREAS, the parties wish to replace the performance bond and labor and materials bond with a Cash Deposit hereinafter described and in the reduced amounts determined by the City Engineer as still remaining to be completed and to remove the monuments bond and add a guarantee bond; and
WHEREAS, the parties wish to allow for a deposit with clTY by SUBDIVIDER of money equal to the estimated cost of the unfinished Remaining Improvements in the place of bonds (the "Cash Deposit"), with CITY to pay out the Cash Deposit to SUBDIVIDER as hereinafter described and as authorized pursuant to Section 66499 of the California Subdivision Map Act.
NOW, THEREFORE, the parties hereby amend the Agreement as follows L The parties incorporate the foregoing recitals as if fully set forth herein verbatim.
The capitalized terms used herein shall have the same meaning as in the Agreement unless otherwise specifically described herein.
2. The parties hereby replace Section 2 of the Agreement in its entirety with the following
"2. (a) This Agreement shall be secured by good and sufficient security in the form of a Cash Deposit paid to CITY hereinafter described. The total of the Cash Deposit shall be $486,289.00 in immediately available funds. The Cash Deposit shall be for assuring construction of the unfinished Remaining Improvements; and for payment of all labor and materials for the existing Remaining Improvements; and shall not fall below a balance of $200,000.00 for a guarantee of the construction, labor, and materials utilized in completing the unhnished Remaining Improvements, provided, however, that should the cost of construction of the unfinished Remaining Improvements exceed 5286,289.00, then 1 uuuuorgil EilvtrluPE lu. JJun+zuu-v r oe+vrn-Ju r-on J, JyEozuEJ no further portion of the Cash Deposit shall be released to SUBDIVIDER. The foregoing amounts are as shown on the estimated costs of the unfinished Remaining Improvements described in the SUBDIVIDER's estimate as approved by and on file with the City Engineer and incorporated herein in full by this reference. "(b) The Cash Deposit shall be paid to SUBDIVIDER by CITY as SUBDIVIDER completes construction of the unfinished Remaining Improvements pursuant to written invoices from SUBDIVIDER submitted no more often than monthly and containing only those costs for the unfinished Remaining Improvements which have been completed to the reasonable satisfaction of CITY and approved by the City Engineer.
Any approval shall be provided within twenty (20) calendar days of the City Engineer's determination of approval. Upon approval by the City Engineer, the CITY shall pay the requested Cash Deposit to SUBDIVIDER within thirty (30) calendar days subject to the restrictions at paragraph 2(a). Payments of the Cash Deposit shall be without interest on the Cash Deposit and any interest accruing on the Cash Deposit shall be retained by CITY for reimbursement of its costs in handling the Cash Deposit. "(c) Upon payment of the Cash Deposit the performance bond and labor and materials bond may be cancelled by the SUBDIVIDER and CITY shall provide any required approvals for release of the existing bonds.
"(d) Upon the completion of the unfinished Remaining Improvements, the Cash Deposit shall retain a minimum balance of $200,000 as a guarantee against defective work or labor or defective materials on all of the work associated with the SUBDIVSION for a period of one (1) year following completion. At the discretion of the SUBDIVIDER, the SUBDIVIDER may furnish a guarantee bond of $497,179 in lieu of the Cash Security prior to approval of the work." The balance of the Cash Deposit, if any and reduced by the cost of any defective work or labor or defective materials, shall be released to SUBDIVIDER by CITY at the end of one (l) year following completion.
3. The parties hereby delete Section 4 of the Agreement in its entirety.
4. Except as amended herein, the Agreement and each of its terms and conditions are hereby reaffirmed and shall remain in full force and effect. In the event of any inconsistency or ambiguity between this Amendment and the Agreement, the terms of this Amendment shall prevail.
5. This Amendment may be executed in counterparts. The parties agree that a facsimile or electronic copy of this Amendment shall be as effective as the original for all purposes.
IN WITNESS WHEREOF, the parties have executed this Amendment to be effective on the date first herein above written.
FAMILY LODGING INVESTMENT
PROPERTIES , LLC, a California Limited Liability
Company, "SUBDIVIDER"
2 uguuolg I r El r vEluPE lu. )JJna zv v9 r ozawrn-Jun r-ohv, JVEEZUEJ APPROVED AS TO CONTENT:
City Engineer of the City of Tehachapi,
California
By: BSI Energy Partners II, LLC, a California
Limited Liability Company, Its Managing Member
fl*F+
JEFFREY KATERSKY
Its Authorized Signatory
MICHAEL DAVIES, Mayor of the
City of Tehachapi, California, .'CITY"
J
TEHACHAPI
CALIFORNIA
COUNCIL REPORTS
MEETING DATE: MARCH L8,2024 AGENDA SECTION: DEVELOPMENT SERVICES
APPROVED
DEPARTMENT
CITY MANAG
/l
TO:
FROM:
DATE: MARCH L8,2O24
SUBJECT:
HONORABTE MAYOR DAVIES AND COUNCIT MEMBERS
ANDREW NORTON, P.E., CITY ENGINEER
TRACT 6216, PHASE 4A - K HOVNANIAN COMMUNITIES; PUBIIC IMPROVEMENT NOTICE OF
COMPTETION
BACKGROUND:
Alta Estates (Tract Map No. 6216) was originally approved by the City Council on December 10, 2003. Since approval in 2003, Alta Estates was partially constructed by Empire Land, LLC. Backbone infrastructure, including water, sewer, and streets, have been completed. The community's central amenity, Warrior Park, has also been completed. To date, lots on the northern portion of Alta Estates have been developed, with the lots south of the park and paseo remaining vacant. tn Septembe r 2O2Lthe Planning Commission approved Architectural Design and Site Plan Review 2O2t-L3 submitted by K Hovnanian Communities to construct 55 lots in Phase 4A (Lots l through 55)of Tract 6216. The 55 lots are located north of South Alder Avenue, south of East Orchard Parkway, east of Clasico Drive, and west of South Curry Street.
COMPLETION:
K Hovnanian Communities has completed the items in section 5-C in the lmprovement Agreement dated September 20, 2O2t as follows:
1. K Hovnanian Communities has notified the City Engineer in writing that the improvements required are complete.
2. By this report, the City Engineer is notifying the City Council in writing that he has inspected and accepted said improvements and that they are complete.
3. A final cost accounting has been completed and any sums due for plan check and inspection fees have been paid by K Hovnanian Communities to the City.
4. The "record drawings" have been filed with and approved by the City, sewer record drawings and monument elevation data have been submitted to and approved by the City, and K Hovnanian's Communities' Engineer has submitted a certificate stating all required survey monuments have been set (attached).
5. A guarantee bond or other form of security acceptable to the City to guarantee the work for a period of one (1) year from final acceptance has been furnished.
6. A Grant Deed conveying said improvements to the City has been properly executed in recordable form and has been delivered to the City for recording.
As the City Engineer, this report is provided to confirm that all the above items have been completed.
RECOMMENDATION:
APPROVE THE NOTTCE OF COMPLETION FOR TRACT 5215, PHASE 4A - K HOVNANIAN COMMUNITIES; PUBTIC IMPROVEMENTS AND DTRECT STAFF TO RECORD SAME.
Erqlner,rlng:
Clvtl
Electrlcal
illsr,hanlcal
Process
Stnrctural
Suruaylng
Prol*t
Managcment
CORNERSTONE
DSr ENGINEERING
@NSULTANTS O ENGINEERS T I.AND SURVETORS
February 28,2024
Glty of Tehachapl
Publlc Works Department
'115 S Robinson Street
Tehachapl, Ca.93561
Attn: Jay Schlosser
Re: Tract 62164, Lots 1-55
Dear Mr. Schlosser,
This ls to certify that the street monumentation and property come6 for Tract 6216-4, lots 1-55 have been monumented in accordance with Tract 62164 Final Map. Attached is an exhibit showing the street monumentation with elevations to each monument lf you have any questions, please don't hesitate to give me a call.
Sincerely
DerillG. Whilten, PLS srlff
Augmentafioa
Drcna
Servlces
44ro4
DERB!LL G.
WHITTEN JR.
NO. 7816
t?,o
5509 Young Street
Bak€rsfield, CA 9331 1
Tel: 661.325.947 4 - F ax ffi1.322.0129
trrwtY.comcBlonacno,com
DEFFILL G.
WHITTEN JR,
NO.7B16
N
INTERIOR MONUMENTS SET FOR TRACT 6216 PHASE 4 LOTS 1-55
TEHACHAPI, CALIFORNIA
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SOUTH ALDER AVENUE
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I -EI-+---r-J----E+-----E-L---^-L---=-_-._.--E ,11-r-5--i-L-i-=-_:.--f -
{- Pr.
sET CoNCREIE MoNUMENT v BRASS
CAP MARKED 'LS 78.16, lN LAMPHOLI
CORNERSTONE
ENG!NEERING
@f{sULIA,UTs . EMill€ElS . llNo Sf,tlEYORs
DAIL 9/20/?flLJ SIJRIEY0R: OGt{
N: 22277 88.37' E: 6426E46. 78'
EL: 41 2J.48'
.---LSET 2" lR0N PIPE w/
PLUG & BRASS TAG
PLS 7816
N:2227532.05'
E:6426296.10'
EL: 4t 39.72'
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ARTINO COURT
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N: 2227 7 92.83' E: 6 42651'1. 69'
EL:4122.14'
N: 2227 499.46' E: 6426842.97'
EL:4135.05'
N: 2227 50?.7J' E: 6426597.08'
EL:4138.14'
N: 2227212.73' E: 6426859.1 6'
EL: 4'147.03'
N: 2221 238.25' E: 6426 42J. 65'
EL:4153.96'
CASSANO DRIVE
--15
N: 2227 21 8.24' E: 6426 42 3. 38'
EL:4153.50'
N: 2227 21 6.05' E: 6426589.65'
EL: 41 52.87'
\ ____L
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EAST ORCHARD PARKWAY !
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RECORDING REQUESTED BY AND
FOR THE BENEFIT OF AND
WHEN RECORDED MAIL TO:
City Clerk's Office
CITY OF TEHACHAPI
1 15 South Robinson Street
Tehachapi, CA 93561
SPACE ABOVE THIS LINE FOR RECORDER'S USE
Recording Fee $ None
cC 27388.1(aX1)
NOTICE OF COMPLETION
This is to certify that the Contract entered into on the 20th day of September 2021 by and between the City of Tehachapi, the Owner, and K HOVNANIAN COMMUNITIES, the Subdivider, for all work necessary to complete the TRACT 6216 PHASE 4A PUBLIC IMPROVEMENT, has been completed in accordance with the requirements of the plans and specifications and contract documents, and I hereby acknowledge the full completion and acceptance on the day of March 18,2024, on behalf of the Owner.
By
Greg Garrett, City Manager
City of Tehachapi
Greq Garrett, being duly sworn, says. That he is the City Manager and Authorized Agent of the City of Tehachapi, the City that executed the foregoing Notice as the Owner of the Property herein described; that he makes this verification on behalf of the City; and that he has read said Notice and knows the contents thereof, and that the facts there instated are true.
"A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE
VERIFIES ONLY THE IDENTITY OF THE INOIVIDUAL WHO SIGNED THE DOCUMENT TO \AftIICH THIS CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THE DOCUMENT."
State of California
County of Kern
Subscribed and sworn to (or affirmed) before me on this _ day of 2024, by (1 proved to me on the basis of
satisfactory evidence to be the person who appeared before me (Seal) Signature
CITY OF
TE HAC HAPI
CALIFORNIA
COUNCIL REPORTS
MEETING DATE: MARCH 18,2024 AGENDA SECTION: CHIEF OF POLICE
DEPARTMENT
APPROVED
CITY
TO: HONORABLE MAYOR DAVIES AND COUNCIL MEMBERS
RICHARD STANDRIDGE, CH!EF OF POLICE
MARCH L3,2O24
SUBJECT: PURCHASE OF POLICE UNITS
FROM:
DATE:
The Tehachapi Police Department continues to need patrol units. This is primarily due to our ageing fleet and the inability to secure vehicles over the past few years due to a variety of issues with the supply chain. We were recently advised by Jim Burke Ford of Bakersfield that the three Ford Explorer Patrol Units which were ordered in 2021 were built and anticipated to be delivered in March 2024. ln addition, we were able to secure two additional vehicles, being Ford F 150 pickup trucks from Phil Long Ford of Denver Colorado. Our local vendors continue to struggle to keep up with the demand of vehicles for the public as well as governmental and private agencies. Thus, we have an opportunity to secure vehicles which will alleviate issues with our aging fleet and reduce time due to costly repairs. This wi!! increase our readiness and ability to continue to provide the high level of service our city requires and deserves.
FISCAL IMPACT
The fiscal impact for purchasing the three Ford Explorers from Jim Burke with equipment is $249,886.52. The fiscal impact for the two Ford F 150's from Phil Long with an estimated equipment upfit is $162,000.00. These funds will be factored in midyear budget adjustment and a portion of the funds will come from the police department budget and Measure "S" funds. A copy of the quotes for the vehicles is attached. The total estimated cost would be $411,886.52.
RECOMMENDATION
Staff requests the City Council to approve the attached quotes from Jim Burke Ford and Phil Long of Denver Colorado.
R
-J
QUOTE
Jim Burke Ford
2001 Oak Street
Bakerslietd, Ca.93301
661-328-3700
fo:
TEHACHAPI POLICE DEPARTMENT
220 WEST C STREET
TEHACHAPI CA 93561
UNDERWRITING FEE
DAIE Febtuary27,2024
Quote I 2
Preparcd by: Dan Smith
Descrlptlon AMOUNT
I(S)ZOAa FORD POLICE INTERcEPToR
lwesr consr LTGHTS
lscorrsauro
I
IDECAL QUOTE
DIAMOND IT
DOC FEE
FILING FEE
TIRE FEE
SUBTOTAL
SALES TD(
TOTAL
$ 141,606.00
54,857.16
8,749.89
3,000.00
22,254.75
25s.00
93.00 26.25
230,842.05
79,044.47
$2,49,886.52
$sas.oo
wEsT co^sT LtcHTs C StREr{S, 11{C.
uNn'"8"
RryERSIDE, CA 9EO7
Phone I
Ful
951-7n-9?57
%t-779-925,6
[email protected]
wcrs.us PROPOSAL
Name / Addres
TEHACHAPI PD
220 W C. St
TEHACHAPI. CA 9356I
---1
I 1n2rl024
..: I
:: J
I tem
115,o0/HOLTR
INTG5T'-PF3L
OBDCABLE2S-2
EXPHARN03
EXPMOD.2
PF2OOSITB
wc-PFAC-z020
Desctiption
>>TO INSTALL THE fOLLOWING ON A 2024 FORD
UTILITY
>>>PRJCE IS PER VEHICLE<<<
>>INSTATL BLACK OUT<<
. CUSTOMER SUPPLIED MODEM, ANTENNAS & DOCKTNG
STATION
LABOR IN A 2O2{ FORD UTILITY
>>LIGHTS & SIREN EQUIPMENT<<
5T., INTECRTTY, RED/BLUXIVI{ITE FRoNT,
RED/BLUE/AMBER REAR
25-FT OBDII INTERFACE CABLE, FOR USE ON 2MO TORD
POLICE TNTERCEPTOR UTrLrry ( PASSENGER srDE KrCK
PANEL)'
ITEAR TAJLLIGTTT CONNECTION WIRE HARNESS FOR USE
WITH EXPANSION MODULE, FORD INTERCETTOR
LTULITY 2U2O
EXPANSION IvIODULE FOR PATHFINDER & SSP SIRENS
SIREN/LIGI TT CONTROI.I.ER WITH I7 BUTTON
CONTROLLER, 1M2OO W, OBDII TNTEGRATION
CAPABILTTY,
INTEGRATED RUMBLER@ CAPABILITY, AND
INTEGRA'IED DUAL TONE CAPABILITY. MI.II-TICOLOR
CONTROL HEAD
PAIHFINDER ACCLSSORY HARNES5 REV 82
PATHFINDER
l*
47 a
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l@ WhSTr
a=]]Gf
qoAslT
14457
Terms VEHICLE ryPE
2024 UTTI,ITY
Cost
115.00
lm 46
99.59 1,9E(.80
149.r8
t77.N
95.@
Totrl L
5,405.007
100.{ET
l,9E4.EoT
l49.4ET
377.W
y7s,wT
D.'Cr
lto.74T
Subtotal
Sales Tax (7.5o/"')
Total
'trl
d-
&dar.'bl
I
1 WEST COAST LIGHTS & SIR,ENS, tNC.
UNIT ''B"
RIVERSIDE, CA 92507
Phone !
Fax I
Name / Address
TEHACHAPI PD
220 rrr' c. st
TEHACHAPI, CA 93561
95t-n9-9257
95t-n9-9256
[email protected]
WCLS.US PROPOSAL
Datt Bdmrh,
rn2na24 tu57
4159002-RW
4169002-8W
ESIOOC
ES8-FPIU2ONDB
MT662U.RB
MISM6U.SPACRKT
MPS62U.RB
MI562U.BA
MI'S62U-RW
MtS52U-RB
Descrip60n
CORNER LED,DUAL,INLINE FLASHER, HORIZ OPTIC,
IRED/wlrrE I
>>DR, SIDE HEADLIGHT<<
CORNER LED,DUAL,TNLINE FLASHE& HORIZ
OPTIC,BLUEAVHNE
>>PAsS. SIDE IIEADLIGHT<<
ES1OOC SPEAKER W/lC BRACKET
SPEAKER MOUNT BRACKET FOR 2O2O TNUT
MICROPULSE ULTRA 5. DUAL COLOR, CLEAR LENS,
SURTAC E MOUNT. RED/ALUE
>>MIRROR LIGHTS<<
SPACER KIT FOR THE ULTRA MPS LIGfIIS
MICROPULSE ULTRA 6, DUAL COLO& CLEAR LENS,
SURFACE MOUNT. REDELUE
>>LICENSE PLATE LICHTS<<
IVUCROPULSE ULTRA 6 DUAL CoLO& CLEAR LENS,
STMFACE MOUNT. BLUE/AMBER
>>FRONT TACINC AND SIDE (TLAT) BUMPER<<
MICROPULSE ULIRA 5, DUAL COI.OR, CLEAR LENS,
SURFACE MOUNT- REDAVHITE
>>FRONT FACING AND SIDE (FLAT) BUMPER<<
MICROPU.SE ULTRA 6, DUAL COLOR, CLEAR LENS,
S1JRFACE MOUNT. REDELUE
>>LIFI GATE<<
oLe
I
1 2
2 2
2 )
a
u
a
, i:r
Terms VEHICLE TYPE
2024 UTILITY
Total
70.007
70.wf
21.1 o{tT
2l4.0gr
214.007
225.007
36.437
214.007
30.007
214.007
Subtotal
Sales Tax 0.5%l
Total
.-i
-
1 I
-
1 2
Co.t
70.00 70.m
107.m
107.00
107 m
us.w
36.43 107.00
r5.m
107.00
wEsT coAsT UcHTS O StREl{S, tNC.
UNIT "8"
RTVERSIDE, CA 92507
Phone I
Fax,
Nam / Address
TEHACIJAPI PD
220 W C. 5t
TEHACHAPI, CA 93567
95t-779-9U7
1-779-9?5,6
lnlororucls.us
wcls.us PROPOSAL
l
J
Item
416,9002-BA
?G2.125
36{005F2Mr
SI-IIPFTING
CC.2Gt'VIGL8
AC-INBHG
FP-SGTRAY
LFI6ES.LEI)
CM.SDMT.SL-LED
10168
oMwv005FB
FABRICATED
Desaiption
CORNER LED,DUAL,INLINE FLASHER. HORTZ
OPTIC,BLUE/AMBER
>>REAR TAILLIGHTS<<
>>BUMPER<<
PUSH BUMPER ELITE, T}OLICE INTERCEPTER UTILITY
2A$2{n1
23.5' UGHT CHANNEL FOR 2 FEDERAL STGNAL
MICROPULSE UI,TRAS
SHIPPING OF WESTIN PRODUCTS
>>CONSOLE & FIRE ARM EQUIPMENT<<
2O2O PI IJTIUTY 16" SLOPED CONSOLE, 10' SLOPE. 8'
LEVEL (NO FI.OOR PLATE NEEDED MOUNTS DTRECTLY
TO FLOOR)
,I" IN'ERNAL BEVERAGE HOLDER WCROMMETS
4" FACEPLATE SHALLOW TRAY; FOR TTEMS SUCH AS
CELL PHONE, KEYS, WALLET, SUNGI..ASSES, ETC.
r8 INCH RED/WHITE LED LITTLITE, NECK EXTENDS
FROM END OF CHASSIS, VERTICAL MNT
SIDE-Ii/OUNT w/SLIDING SWING ARM AND CLEVTS FOR
LEDCO DOCKINGSTATION
DUAL USB SOCKET
CONSOLE DUAL MIC STANT)
FABRICATION.DUAL GUN RACK W/ADJUSTABLE AR
Qty
a!r
a
;,.
@ mtfli FrEr. _,trBl
',-Qyy)
1n2P,024
Terms VEHICLE ryPE
2024 UNLIry
Cort
70,m
.105.68
5C7.N
38.m
1W_U'
43.20 33.75
82.50 397.58
1E.55
7.fi
175.00
Total
140.0(I7
1()5.687
82.507
397.587
397.W
38.007
100.00
43.207
33.257
37.tW
7.007
r75.mT
Subtotal
Sales Tax (7.5"/"1
,
!-
l
1 1
I
1 t
'I
I
Total
E tlrnate,
14457
wEsT co^sT LtcHTS & StREl{S. tilC.
UNM,'8"
RIVERSIDE, CA 9?507
Phone f
tuI
Neme/ Addnss
TEI{ACHAPI PD
220 W C. Sr
TEHACHAPI, CA 93561
957-779-9257
95r-779-9256
Info(owcl s- us
WCI^S.US PROPOSAL
-
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,'tt
;..'j- .:
:'t
,
It.m Des*ipdon
BUTT PLATE FOR WEAPON
SANTA CRUZ GUN LOCX S.CT W STANDARD KEY
XL HANDCUFF STYLE GT'N LOCK ,2 KEY
HAWS RUGCED KEYBOARD WTTH INTEGRATED
TOUCHPAD (LITE) WITH KEYBOARD MOUNT SYSTEM
UNIVBRSAL RUCCED CRADLE FOR AfPROTMATELY
1I.I4" COMPUTING DEVICES
>>FOR MOUNTING DOCKING STATTON ON EQI,'IPMENT
TRAY<<
UNWERSAL ADAPTER PLATE
SHIPPING FOR HAVIS ITEMS
>>PRISONER CONTAINMENT<<
E-SLIDE U,S. CACE, RECESSED PANEL, SQUARE HOLE
BKT
2020 FORD LrV Brc BOy PARTmON MOUNT (TNCLLDED
WITH PARTITION)
2O2O FORD (,V KICK PANELS WITH FOOT POCKETS
T,LASTIC SEAT W/ OS BELTS, REAR PARTITION
IOLYCARBONATE WINDOW. WITH IIRE COMTAITMENT
2O2O PI UTILITY DRTVER EASSENGER STDE SET OF
DIAMOND-PUNCHED MNDOW SCREENS
2MO FORD W TILT.IJP CARGO MOUNT WCAS SHOCKS
2O2O PI UTILITY ELECTRONICS TRAY
SHIP?ING OF TROY PRODUCTS
Qty
oMwv002FB
5C-1
sc6
PKG-KB-206
2 I
I
t
uT-1001
C.ADP.1O1
SHIPPING
TP.E.SL6.US.S9
SAB-2O.FDUV,BB
KP.W2()-DAP-SS
PS.2GWFX{)S-RL
AC.2O.W-SET
CP.LTV2GCARGO
AC.2GW-TRAY
SHIPPING
1 I
1 aqu
a
. {r ,
Total
@
WtSflj f:]EIf' 1IE wE dmrb,
rn22:024 14457
Terms VEHICLE TYPE
2024 UTILITY
Co3r Toirl
0.00 228.r5
715.5A
174.43
45.90 75.N
t2.u
lot.38
170.16
4E2.63
6{7,25
215.33
200.00
154.5E
1,520.00
228.15?
715.507
0.007
i74.E3T
45 907
75.W
,r4.687
t0{.3ET
170.167
,tE2.637
an.25r
215.337
200.m
r5{.587
r,520.007
Subtotal
Sales Tax (7.5"/ol
I
I
1 1
wEsT co^sT Ltct{Ts & stRE[s. rNc.
UNIT ''8"
RTVERSIDE, CA 92507
Phone I
Ful
Name / Address
TEHACHAPI PD
220 W C. St
TEHACHAPI, CA 93551
951-n9-9257
951-n9-9?56
[email protected]
wcls.us PROPOSAL
Date Esuru& r
vung24 1&57
,
Ia€m
WC.2OIDFEH
sl-2{o-T-rH
ELECTRONICS BO.
7187b
CBB.BK.S
76158
50258
5O2EB
MBSU
ANXQW800
LGMM.EXT-R.SLT
,OB I4ATERLAIS
Description
>>ELECTRONICS 6. OTHER EQTIIPMENT<<
2O2O FRONT END HARNESS
SECURE.IDLE FOR FORD SEDAN ANO UTruTY
ELECTRONICS BOARD WITH CARPET
1OO AMP THERMAL CIRCUII ER,EAKER (SURFACE
MOUNT)
SEDAN / 2O2O trrILITY CIRCUIT BREAKER BRACKEI
AUIOMATIC TIMER DISCONNECT
FUSE BLOCK STBLADE 12 CIRC W/GND/CVR
FUSE BLOCK 5T BLADE 6 CIRCUTT
3/4'HOLE NMO SryLE BRASS MT W/U'RG56U & NO
CONNECTOR
8068% MHZ FIELD TUNAELE WAVE MOBILE ANTENNA
MOUNT'INC PAD FOR XK.IN2O33 B
MISC. PARTS, ffiRE, AP TIES, CLAMIIS. FASTENERS,
RELAYS, ETC.
Qry
.ESTIMATES ARE VALID FOR 30 DAYS.
TORDERS WILL BE INVOICED UPON NOTIFICATION OT COMPLETION .RETURNS/CANCELLATIONS ARE SLJBJECT TO A,soh RESTOCKTNG FEE
AND SHIPPING CHARGES,
,PLEASE MAKE SURE YOU HAVE ALL CUSTOMER SUPPLIED PARTS WHEN VEHICTE IS DROPPED OTF TO AVOID DELAYS. IF DELAYS CONTINUE. WE WI[t SUPPLY NEEDED PARTS AT CUSTOMERS EXPENSE
.CALIFORNIA CERTIFIED SMALL BUSINESS f49E78
'NOTE: SALES TAX WILL BE CHARGED ON INSTATLATION LABOR ON A VEHICLE WITH 5OO MILES OR LESS OR UNDER 5 MONTHS SINCE
REGISTRATION WITH TIIE DMV
a
t
a
ri
Total $19,629,W
Terms VEHICLE TYPE
2024 UTILtry
Cdt Tot l
l0E.55T
152.507
65_mT
D$TT
9.75 54.40
225.00
1flt.65
152.s0
55.00 29.30
l5.m
106.61
35.33 2i.96
17.50 15.otrr
106,5rT
36,337
23.%T
77.fit
8.757
s {07
22S.fl'T
Subtotal itE,z&s.T7
Sales Tax 0.5%l sl,343.30
I
I
I
1 r
I
*-]
I
I
I
I
I
I
I
I
I
Srnilb n,rfo
SCOTT'S AUTO BODY
l17 East H Street, Tehachapi, CA 93561
Phone: (ffit) 822-4432
FAX: (661) 823-7937
Estimate
Workllle ID:
Par$hare:
State EPA:
BAR:
42e6l7b7
SMutGv
uD982373t77
ARD00224524
RO Number:
Custorner:
TEHACHAPI POUCE DEPT
220 WEST C STREET
TEHACHAPI, CA 93561
(661) 917-9141
Insurance: MJlJstefi
Phone:
Oaim:
Loss Date:
Deductibh:
EsUmator:
Create Date:
Ryan Lackey
sl18l2o22
2022 FORD Police Irterctptor UUlity Vehicle AWD (Fleet) .lD UW 6-3.01Turbodrarged Gasoline Gasoline Dircct Injection VIN:
License:
State:
Interior Colq:
Exterior Color:
Production Datre
lrlileage In;
Mileage Out:
Condition:
Vehide Out:
Job #:
Llnc Vcr Opcraton Descrlpdon Qtv Ertcnded
Prlcc I
P.rt
rYpc
lrDor 'lYpe Prlnt
I Eol Detrim/Refinish
NOTE: Roof&4 Doors
Add tor Clear Coat
MISCETTANEOUS OPER,ATIOT{S
CAR COVER/ MASK FOR OVERSPRAY
HAZ WASTE DISPOSAL CAMOO2L2949
10.007
5.00 Other
Ofter
8.0 Eody
0,2 Eody
14.0 2.8
t
I
2 3
4 5
E0l
E0l
E0l
E0l Sublet
E3Um.t6 Tot ls Dlscount S l4artup $ Ratl g Total Hours Total g Parts
Sublet/Mixdlaneous
Labor, Eody
Labor, Refinish
Material, Paint
80,00
80.00 50.00
8.2 16.8
16,8
10.00 5.00
656.00
1,344.00
840.00
Subtotal 2,855.O0
Sales Tax 61.61
Grand Total 21916.63
l'et Tot l 2,916.63
Eidmetr Verlon Tot lt
Original 2,9r6,63
In$rance Total $:
Received ftom Insurance f:
Balance due from Insurance f: 0.00
T-Tantettm,RPDrRelatedPturD.m4c.^^-Ap0snmeAierafte,uPO-UneLtcdPrldDrm!g.,POR-prhtls9o€rtRrFak,f/M-Aftrm*:t,Rft[=RccfiqflGd,Rmn= R€Mu,kurcd, OEit . Io (XglBl Equlpmgt Hanuftrtrrer, Rry . RHqld, RECOID . REsdltbocd, LKQ = Ute XInd Qualty or Us€d, DI.g = OlaCm.Uc, Ehc = Ecdnol, tl(h = tlBh.nlcal, Rel - Rcinlsh, $ruc = Swtu.al
112212024 9:30:,14 AM Page I
0.00 0.00
Estimate
R.O Number:
2022 FoRD Polic€ Int€rceptor utllity vehicle AwD (Fleet) 4D uw 6-3,0L Turbodrarged Gasollne Gasoline Dtrect In1ecton Ctls{omer Total gl
Received from Customer t:
Balance due from Customer f:
2.916.63
0.00 2.916.63
I authorize to pertbrm tfrc needed repafs tro my vchlde. Repairs imfude parts, lnspectton and does mt colrer addltlonal parb labor, and dagnosls. The above ls based on our inspection, may be discovercd and
or labor whldt may bc required after ttre work has started. Wom or damage parb, rxrt evtdent on first |,ou will be contaded fur authorization for addiuonal work. Parts prices are subject to change without notlce.
ACKNoW'fDGEMENT: I have read and uMerst'and the above estimate aM authorire repalr s€wke to be performed, irduding srbht worft and ffS?rg:" recelpt of this estimate' An express ,ecttanL lien is hereby ,.t.*t dE i;; the above vehide to ;;-;; amounr d,epairs This Estimate Authorized By:
Wort Accepted By:
PowER oF ATToRNEY: I do hereby appoint the aforenentioned busin€ss as rry auonEy in fact to accept on my behaff any .1,6 ag checks, drarb, or ::ffljt^tt* for deposit b the afurementroneo uu*eJ acctunt tur crcdit on my account for repairs on ,r,r, ,Ji.ru *t,a ua bcen released and r ' Tml.c l.tvtr' iro ' rfr k5t ormgo' AA ' Applmrccrbrrrca' uro-= unrdatcr, lrtr Dmrca tDi - r!h&$o!il rcr.ar. ryil = AarrBra, Rt6r. rdma4 tanrl . ffi:t*iffirrtffiraruraaut,n...'-rfr,.o,REcoilD-rr(orilon{r,e.t["rqdqr*,srrrcd,ot e,orreoodr,rh(.aqrrrd,,tcthr 1122/2024 9:30:rl4 AM
esumate
He:
Date:
AUOTE
0a/ 22 / 2a24
City Of Tehachapi Police Dept
220 W C st.
Tehachapi Ca,9356iStandard Patrol Units taaaaa st,000
Special Units K9 ect. rr..$\r4oo
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We have prepared a quote for you
Dell Toughbooks March 2024
Quote S 007048
Version 2
Prepared for:
City of Tehachapi
Ashley Whitmore
awhitmore@ tehachapicityhall.com
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Tuesday, February 06, 2074
City of Tehachapi
Ashley Whitmore
115 S. Robinson St.
Tehachapi, CA 93551
awhitmore@tehachapi cityhal l.com
Dear Ashley,
I have prepared the following quote to install3 new MDCs to be used in the new Police vehicles as discussed. This quote includes:
r Dell Touth-book Laptop
o Havis Docking station for Dell taptop
r Hardwired in vehicle power supply
. 5 Yr protection plus warranty
r Cradle Poant in vehicle mobile router
r Panoramaantenna
This project will provide hardware and configuration labor for 3 new Dell Toughbook computers, Havis Docking Station, Cradlepoint mobile routers, and antennas. fhese devices will be configured for use in the new Police Vehicles being purchased by the depaftment. This proposal includes the device configuration only. All in vehicle installation will be provided by 3rd party integrator contracted with Tehachapi police Department and is not included in this quote.
Please sign the authorization page with detailed pricing to proceed with the proposed recommendations. Please let me know if you have any questions about our prepared information.
Sincerely,
Michael leftwich
VPlGM
OiamondlT
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Quote fl007048 v2 page: 2 of 10
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,) Statement of Work
The following scope of work details the maior steps involved in the completion of the recommended services included in this proposal. r Receive unpack, and confirm all components were received and are not defective for the following items; o (3) new Dell Toughbooks, o (3) Havis Docking Stations,
o (3) Cradle polnt panorama Antennas
o (3) Cradle point Routers
o Prep hardware on DiamondlT workbench:
r Name device appropriately.
o Create local admin account.
o Complete firmware, OS, and application updates.
o lnstall DiamondlT Mrnagecentric agent.
o lnstall DiamondlT SecureCentric Antivirus.
o lnstall Microsoft3O5 desktop applications
o lnstall Microsoft Outlook
o rnstail and configure crient provided apprications incruding: RtMs, ors . Deliver all hardware to cllent,ite
r Join devices to Active Directory and conlirm Azure AD joined and lnTune Enrollment ' confrrm Bitrocker poricy appries and encryption keys are present in portar. r Testwith the user3 r Update client documentation.
PD CradlePoint configuration
o
r configure up to 3 new cradlePoint 18R900 Router for each of the 3 new police vehicles including power adapters and antennas client will be responsible for physical cradlePoint equipment installation in vehicl€r r Client will be responsible for provirioning cellular service to new lgR9OO devices '
e
&nfigure up to 3 new cradlePoint device for Hub-and-spoke confituration to enable persistent vpN tunnel Testconnectivity ' Join up to 3 MDC devices in vehicle to the Tehachapi PD domain For authentication r Audit RMM agent deployment . Update client documentation
SPECIFIC ASSUMPTIONS & EXCLUSIONS:
r client has rofhrvare and necessary licensing readily avairabre for rnstailauon. r Vehicle mountlng inrtallation is to be provided by client. r
T&M
lf cltent
rate.
requires specific applicationr to be installed other than Microsoft sofharare, the additional time required may be billed at a r Client has valid sugport contract and soltware licensing for any software being installed. r Soltware vendor is availabrc to rupport any client specific roftware apprications, ' optionar accessorres (carrying raptop bag, wireress device..cessoriesl. r lf client has chosen to re-use existing monitors, the cables/ports will be presumed compatible with modern workstations.
STANOARD ASSUMPTIONS & EXCIUSIONS:
' Nopreexistingconditionsexistthatwill preventordelaythesuccessful completionoftheworkincludedinthisscope. ,:i::r::ai
Quote s007048 v2
Page; 3 of 10
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Statement of Work
' capacity at existing patch panel and POE switch is available to accommodate additlonal equipment / wiring installations. o ExistinB cabling, low voltage, and data drops will be used and are available in required locations. o Additional services requested outside the above mentioned scope will require a signed Change Order and approval by Client and will be billed as quoted.
o All services will be provided during 8am to 5pm Monday thru Friday. lf after hours or weekend service is required additional hourly rate will be increased by 1.5 per hour factor.
o DiamondlT staff will be allowed access to client location to complete necessary installation requirements. r DiamondlT does not warranty installed hardware. All equipment installed is warranted by manufacturer and subject to manufacturi ng warranty policies.
r DiamondlT reserves the right to sub-contract as needed based on project type, project specialiration and scheduling. o Coordination with utility & service providers or remote sites is excluded unless otherwise specified in the scope of work. . Lowvoltageandcablingisexcludedunlessotherwisespecifiedinthescopeofwork. . Electrical power/ UPS u4rades/changes or special requirements are excluded. r HVAC upgrades/changes or special requirements are excluded. r Custom programming and software development are excluded, r Expedited shipping is excluded unless otherwise stated in this proposal (overnight, 2-day,red, orange or other express shipping types)
Quote #007048 v2 Page: 4 of 10
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Hardware
Software
Services
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Quote fl007048 v2
a55B-zfsubtotat, Sre,eza.rs
Subtotal: s2,400.00
Subtotal: S3,tso.oo
page: 5 of 10
Dell Latltude Rugged laptop
'l4" Touchscreensemi-rugged Notebook - FulrHD - 1g2o x 1020 - rnter core i5 1 1th Gen i5-1135G7 - 16 GB Totar RAM - 512 GB SSD - lntel Chip - Windows 11 pro
I DOCX STN W/ BASIC PORT REP AND DOCX PWR FOR DELI TAT RUGGED NB T4I73I' Havis Premium Vehicle Dock (dual pass) for Dell Tougb book 5430 includes LIND power supply
CradlePoint lBR90O Router
cradlePoint Netcroud Essentiars for Mobile Routers LTE Advanced pro + 24x? support with rBR900-B-Nps Router (1200Mbps modem), no AC power suppry or Antennas - subscription License - 1 License - 3 year rBR900 RourER w wrrr' 1000MBPS (Client provided)
CradlePoint Panorama Antenna
PANORAMA5 IN l SHARKFIN BLK LPACCSSHARKFIN 5 IN l ANTENNA 2X 2G/3G14
Description
CA-state Fee
Environmental Fee - Monitor 0-15,, S 5.OO
Environmental Fee - Monitor 16-35, S 6.00
Environmental Fee - Monitor 36+', S 7.OO
prlce
S3,02o.so
s840.07
S1,38s.12
S307.56
ss.00
Qtv
3 3
3 3
3 txt. Prlce
S9,o51.so
s2,s20.21
s4,1ss.36
s1s.00
s922.68
Description
5YR PROTECTION PLUS TAPTOPSVCS
Price
s800.00
qty
3 Ext. Price
s2,400.00
Descrlption
Project Labor - Flxed Fee s3,1s0.00
atv
1 Ext.
s3,150.00
q ;
Shipping
Oescrlption
Estimated Shipping and Handling
Estimated shipping charges provided. Actual charges may vary, Prlce
s30.0o
atv
1 Ext. Prlce
s30.00
Su btotal: s3O.00
Quote f007048 v2 Page: 6 of 10
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Dell Toughbooks March 2024
Prepared by:
DiamondlT
Michael Leftwich
(6671 473-7667
Fax (55r) 833-5608
mleftwich @dia mondit.pro
Prepared for:
City of Tehachapi
115 S. Robinson St.
Tehachapi, CA 93561
Ashley Whitmore
{551) 822-2200
[email protected]
Quote lnformation:
Quote t:00704E
Version:2
Delivery D ate : 02 I 06 I 2024
Expiration Date: O3 / O2l 2024
Quote Summary
Subtotal:
Shipping:
Estimated Tax:
Total:
522,224.?s
s30.00
$1,381.83
S23,536.s8
Descrlption
Hardware
Software
Services
Amount
S18,674.75
s2,400.00
s3,1s0.00
quote fl007048 v2 Page: 7 of 10
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Contract Summary
The enclosed materlals ate proprletary to Diamond Technologles lnc. ("DiamondlT"), and are therefore copyrlghted materlal, The materlab are presented tor the purpose of afeement to servlces and may not be dlsclosed ln any manner to anyone other than the addressee and employees or an authorized representative of the herein addressed llrm hereafter referred to as "CUSTOMER". Thls Quote ls time sen3itive and are therefore considered flrm for 30 days from date of quote, Hardware/Softrrare Purchases: Due to thc fast-paced nature of technology and the unlque needs of each proJect, DlamondlT does not typically stock Hardware and Software, Thus, all hardware and softnrare orders requlre advance payment and will be ordered within one business day of payment being received unless otherwise noted in thas proposal.
Returns may only occur with an RMA. RMA's may not be issued for all ltems. Assuming we are able to return the product to the dlst?lbutor or manufacturer, a restocklng fee will typicelly apply to allowed retutns, DiamondlT reserves the right ro modify any of the enctosed or r€lated details thereaftcr.This Quote and prlclng outllned hereln is only valld when purchased at a complete hardware, software, and service solution unless otherwise agreed to by the Account Manager in writlng ln the'Modifications" section of the Quote.
SUMMARY OF SASIC CONTRACT PROViSIONS T'SUMMART)
1. Date of Contract (the "Effective Date"): The Contract is effective as of the date we first provide the services described herein.
2. Name and Address of DIAMONDIT ("DIAMONDlT"):
DIAMONOIT
8701 Swigert Ct.,
Bakersfield, California, 9331 1
(661) 833-s600
[email protected]
3, Name and Address of CUSTOMER (the "CUSTOMER")
City of Tehachapi
115 S. Robinson St.
Tehachapi, CA, 93561
l66Ll 822-22OO
awhitmore@tehachapicityhal l,com
4. Statement of Work (the "Work"): DIAMONDIT and CUSTOMER acknowledge and agree that DIAMONDIT is to provide CUSTOMER wlth the following WORK:
Project Services: Project Services are provided as scoped in the Statement of Work section of the Quote
5. Contract Documents (the "Contract Documents"):
5.1This Summary.
5.2 The accompanying MSA Terms and Conditions of Contract. 5,3 The Addendum(s) referenced and acknowledged above in Section 4 entitled "Statement of Work"
5.4 The Quote(s) referenced and acknowledged below in Section 10.1.
6. lnitial Contract Term and Renewal (the "Contract Term"l Unless otherwise specified in the QUOTE SUMMARY, the lnitial Contract Term shall be thirty-six (36) months. Upon the expiration of the lnitial Contract Term of an Managed Services Agreement, Cloud Servires Subscription, SaaS License, or Equipment Rental. The Agreement, Subscription, SaaS License and/or Equipment Rental will automatically renew for Quote fr007048 v2 Page: 8 of 10
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Contract Summary
successive twelve (12) month Terms at the then current rate unless You notify DiamondlT of Your intent not to renew at least ninety (90) days prior to the termination date.
7. lnitlel Term Commitment (the Term Commitment") The pricing reflected in Your SUMMARY is directly related to the commitment to complete the lnitial ferm of your summary. You are not able to downgrade or reduce the number of users and/or devices and maintain the pricing provided for your original number of users and/or devices. You may extend your lnatial Term under Your pricing specified in your Summary or take advantage of volume pricing by committing to a new Contract Term to be agreed upon by DiamondlT, so long as the new Contract Term is equal to or greater than the time remaining on Your lnitial Term.
8. ContractTargetCommencement Date (the'TargetCommencement Dafe"l:2h12024 12:00:00 AM.
9. Contrast TargetCompletlon Date (the "Completion Date"l:813U2024 12:00:00 AM.
10. Contract Sum (the "Contract Sum"): CUSTOMER shall pay 0IAMONDIT for the WORK in the amount(s) ('Contract Sums''), as hereinafter provided:
10.1. The Contract Sum as set forth in Quote f007048 v2 attached hereto, subject to modification as provided for.
Monthly Fee may be modified based on changes to number of users/computers/servers or covered devices/software during term of contract.
CUSTOMER agrees that all new users/items added during the term of this contract will be added to the monthly service fee as per the current per userlitem fee.
11. Add-ons for Users, Devlces, and Subscription Licenses. (the "Ad4on(s)") You may purchase additional Add-Ons at any time at the Add-On Rate specified on YoUTQUOTE SUMMARY.YouTAdd-on Rate is determined by the lnitial Term and number of users, devices and/orservices purchased for Your lnitial Term. This Add On rate shall remain in effect unless you extend Your Term and/or Your user, device and/or service count is altered, Any changes to YourAdd-On Rate and Term must be mutually agreed by You and DiamondlT.
12. Additlonal Provisions: I have read, understand and accepted the following:
r DiamondlT MasterService AgreementTermsand Conditions (MSA): https://diamondit.pro/MasterServiceAgreement o DiamondtT Privary Policy: https://diamondit.prolPrivacyPolicy r DiamondlT MicrosoftCloud Services Termsand Conditions: https://diamondit.pro/CloudTerms r DiamondlT Microsoft Online Services Terms and Conditions: https://diamondit.pro/MicrosoftTerms o DiamondlT ManageCentric Complete Addendum: https;//diamondit,prolMCC-Addendum o DiamondlT ManageCentric Essentials Addendum: https://diamondit.prolMCE-Addendum o DiamondlT SecureCentric Addendum: https://diamondit.pro/SecureCentric-Addendum . DiamondlT CloudCentric Azure Addendum: https://diamondit,pro/CloudCentric-Addendum r DiamondlT Co-ManageCentric Addendum; https://diamondit.prolCeManaged-Addendum The parties hereto acknowledge that the Contract Documents constitute all of the documents listed in section 5 of this Summary (collectively the "Contract Documents") and that there are no other agreements, written or oral, between the parties as to the Work. By their signatures below, the parties acknowledge and agree that, as of the Effective Date, they are bound by all of th€ provisions of the Contract Oocuments and that the Contract Documents are in full force and effect.
I have read and agree to the Contract Documents provided. I am an authorized agent with authority to enter into this agreement with OIAMONDIT. I hereby confirm to you that the information and arrangements outlined and the terms of payment are acceptable to us. Our deposit is forthcoming. This agreement cannot be canceled or modified without wriften permissions. Service rates are subject to change with notification.
Quote #007048 v2 Page: 9 of 10
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City of Tehachapi
Signature:
Name:
Date;
Ashley Whitmore
Signature:
Name;
Title:
Date:
Michael Leftwich
VP/GM
02/0612024
Quote #007048 v2 Page: 10 of 10
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DiamondlT
PhilLot
PHttforvo
g-colal,
DIRECT ALL INQUIRIES TO:
Herman Sanchez
(505) 2sG9388
emai I : [email protected] om
SIam l9{5
THANK YOU FOR YOUR AUS'A/ESS'
Chief Richard Standridge
Police Department
QUOTE NUMBER
QUOTE DATE
Agency PO #.
CES PO#
TERMS
SALES REP
SHIPPED VIA
F.O.B.
PREPAID or COLLECT
021324-1
March 8,2024
Due on Receipt
Herman Sanchez
Driver
PRICE AGREEIilENf : T.l.P.S. (The lnterlocal Purchasing System) t223U 2023 Ford F150 SSV Crcw Cab 4wd: Orford ttYhite
QUATNTY DESCRtPnOil U1{IT PRICE AfOUNT
2 2
2 2023 Ford Fl50 SSV Crew Gab 4wd
(lncl: 5.0L engine, 1O-spd lrans, C/ass lV Hitch, 17" SteelWheels, Skid Plate, Keyless Entry,Trailer Tow Pkg, FX4 Oft-Road Pkg) Available Government Discount
Transport To:. 220 West C Street
Tehachapi, CA 9356'l
52,070.00
(3,000.00)
1,700,00
$104,140.00
($6,000.00)
$3,400.00
Additi o na I I nform ation :
Proposal valid for 30 Days
101,s40.00
$101,540.00
Total
AMOUNT
M : GITYOFTEHACHAPI
TO: City Council, City Manager DArE: February 2112024
Thomas F. Schroeter, City Attorney
SUBJECT: League of California Cities City Attorney's Spring Conference The League of Califomia Cities City Attorney's Spring Conference will be held on May 8-10, 2024 in Rancho Mirage. The registration fee is $625.00 and a two-night stay in the hotel is $239.00. During the conference, there will be three days of presentations devoted solely to legal issues facing cities and updates on cases recently decided. This is a critical learning session for city attorneys and reduces the time and effort needed by the City Attorney to research these matters on his or her own.
My other city is being asked to contribute equally to the cost for the registration fee and one night's lodging. The City's share of the expenses would be $551.50. I would request permission to represent the City of Tehachapi at the City Attorney's Spring League Conference and for the City to pay up to $551.50 for my expenses.
FROM :