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 17, 2025 - 6:00 P.M.
Persons desiring disability-related accommodations should contact the City Clerk prior to the meeting for the accommodation. A copy of any writing that is a public record relating to an open session of this meeting is available at City Hall, 115 South Robinson Street, Tehachapi, California.
Pursuant to G.C. Section 54957.5(b)(2) the designated office for inspection of records in connection with the meeting is the Office of the City Clerk, City Hall, 115 S. Robinson Street, Tehachapi, CA. Any items distributed to the City Council after posting of the Agenda Packet will be available for inspection at the Office of the City Clerk at City Hall. If you would like additional information on any item appearing on this agenda, please contact the Office of the City Clerk at (661) 822-2200.
CALL TO ORDER
ROLL CALL
INVOCATION
Participation in the invocation is strictly voluntary. Each city councilmember, city employee, and each person in attendance may participate or not participate as he or she chooses.
PLEDGE TO FLAG
COMMUNITY ENGAGEMENT DIRECTOR REPORTS
1. Tehachapi High School Warrior Cheerleaders – National Champions – PRESENTATION
CONSENT AGENDA
2. All items listed with an asterisk (*) are considered to be routine and non-controversial by city staff.
Consent items will be considered first and may be approved by one motion if no member of the council or audience wishes to comment or ask questions. If comment or discussion is desired by anyone, the item will be removed from the consent agenda and will be considered in listed sequence with an opportunity for any member of the public to address the city council concerning the item before action is taken. Staff recommendations are shown in caps.
TEHACHAPI CITY COUNCIL REGULAR MEETING,
TEHACHAPI REDEVELOPMENT SUCCESSOR AGENCY REGULAR MEETING,
TEHACHAPI PUBLIC FINANCING AUTHORITY REGULAR MEETING, AND
TEHACHAPI CITY FINANCING CORPORATION REGULAR MEETING
MONDAY, MARCH 17, 2025 - 6:00 P.M. - PG. 2
AUDIENCE ORAL AND WRITTEN COMMUNICATIONS
The City Council welcomes public comments on any items within the subject matter jurisdiction of the Council. We respectfully request that this public forum be utilized in a positive and constructive manner.
Persons addressing the Council should first state their name and area of residence, the matter of City business to be discussed, and the organization or persons represented, if any. To ensure accuracy in the minutes, please fill out a speaker’s card at the podium. Comments directed to an item on the agenda should be made at the time the item is called for discussion by the Mayor. Questions on non-agenda items directed to the Council or staff should be first submitted to the City Clerk in written form no later than 12:00 p.m. on the Monday preceding the Council meeting; otherwise, response to the question may be carried over to the next City Council meeting. No action can be taken by the Council on matters not listed on the agenda except in certain specified circumstances. The Council reserves the right to limit the speaking time of individual speakers and the time allotted for public presentations.
3. Public comment
CITY CLERK REPORTS
ALL ORDINANCES SCHEDULED FOR INTRODUCTION OR ADOPTION AT THIS MEETING SHALL BE READ
BY TITLE ONLY
Tehachapi City Council Unassigned Res. No. 03-25
Tehachapi City Council Unassigned Ord. No. 25-01-779
Tehachapi Redevelopment Successor Agency Unassigned Res. No. 01-25 Tehachapi Public Financing Authority Unassigned Res. No. 01-25 * 4. Minutes for the Tehachapi City Council, Tehachapi Redevelopment Successor Agency, Tehachapi Public Financing Authority, and the Tehachapi City Financing Corporation regular meeting held on March 3, 2025 – APPROVE AND FILE
* 5. Destruction of Records – ADOPT A RESOLUTION TO AUTHORIZE THE DESTRUCTION OF CERTAIN CITY
RECORDS SUBJECT TO APPROVAL BY THE CITY CLERK AND CITY ATTORNEY * 6. HdL agreement for Business License Administrative Services – APPROVE THE AGREEMENT BETWEEN
DE LLAMAS & ASSOCIATES (HDL) AND THE CITY OF TEHACHAPI, SUBJECT TO CITY MANAGER AND CITY
ATTORNEY APPROVAL
FINANCE DIRECTOR REPORTS
* 7. Disbursements and bills for February 26, 2025 through March 10, 2025 - AUTHORIZE PAYMENTS * 8. City of Tehachapi Treasurer’s Report through February 2025 – RECEIVE REPORT
9. 2024/25 Mid-Year Budget Adjustments – APPROVE THE 2024/25 MID-YEAR BUDGET ADJUSTMENTS
AS PRESENTED
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 17, 2025 - 6:00 P.M. - PG. 3
POLICE CHIEF REPORTS
* 10. Annual Military Equipment Report – APPROVE REPORT
PUBLIC WORKS DIRECTOR
11. Tehachapi Museum Stucco/Paint Project – AWARD THE MUSEUM STUCCO/PAINT PROJECT TO ANGELES CONSTRUCTION INC. FOR THE AMOUNT OF $45,404.56 AND AUTHORIZE THE CITY MANAGER TO APROVE ANY CHANGE ORDERS UP TO 10% OF THE CONTRACT AMOUNT OR $4,540.45
CITY MANAGER REPORTS
12. 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 18, 2025 – APPROVE AND FILE
2. CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: (one potential case)
3. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Paragraph (1) of subdivision (d) of § 54956.9
City of Tehachapi, et. al v. Tehachapi-Cummings County Water District (2 cases)
4. 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 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 3, 2025– 6:00 P.M.
NOTE: Sm, Da, Pa, Ch and Po are abbreviations for Council Members Smith, Davies, Pauer, Chung, and Pogon-Cord, respectively. For example, Pa/Sm denotes Mayor Pro Tem 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 Pogon-Cord at 6:00 pm
ROLL CALL
Roll call by City Clerk Tori Marsh
Present: Mayor Pogon-Cord, Mayor Pro Tem Pauer, Councilmember Smith, Councilmember Davies, Councilmember Chung
Absent: None
INVOCATION
Led by Pastor Kyle Phillips, Grace Fellowship Church
PLEDGE TO THE FLAG
Led by Councilmember Smith
POLICE CHIEF REPORTS
1. Promotion of Tehachapi Police Department Sergeant Ryan Hulse -
PRESENTATION
COMMUNITY ENGAGEMENT DIRECTOR REPORTS
2. 2025 Tehachapi’s Extraordinary Women Recognition – PRESENTATION Tehachapi City Council Regular Meeting – March 3, 2025
Tehachapi Redevelopment Successor Agency Regular Meeting Tehachapi Public Financing Authority Regular Meeting And Tehachapi City Financing Corporation Regular Meeting ACTION TAKEN
3. CONSENT AGENDA Approved
Sm/Pa Ayes All
AUDIENCE ORAL AND WRITTEN COMMUNICATIONS
4. Public comment
CITY CLERK REPORTS
* 5. Minutes for the Tehachapi City Council, Tehachapi Redevelopment Successor Agency, Tehachapi Public Financing Authority, and the Tehachapi City Financing Corporation regular meeting held on February 18, 2025 – APPROVED AND FILED Approved And Filed
Sm/Pa Ayes All
FINANCE DIRECTOR REPORTS
* 6. Disbursements and bills for February 12, 2025 through February 25, 2025 -
AUTHORIZED PAYMENTS
Authorized Payments
Sm/Pa Ayes All
* 7. City of Tehachapi Treasurer’s Report report through January 2025 – RECEIVED REPORT
Received Report
Sm/Pa Ayes All
8. Fiscal Year End 2024 Financial Reports - PRESENTATION
9. PUBLIC HEARING – Conducted 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 – OPENED HEARING AT 6:33PM; NOTICE OF PUBLIC HEARING WAS PUBLISHED IN THE TEHACHAPI NEWS ON JANUARY 29, 2025; NO CORRESPONDENCE WAS RECEIVED; FINANCE DIRECTOR HAMED JONES GAVE STAFF REPORT; NO PUBLIC COMMENTS RECEIVED; CLOSED HEARING AT 6:41PM; ADOPTED RESOLUTION NO. 02-25 FINDING THAT THERE ARE NO UNMET TRANSIT NEEDS
THAT ARE REASONABLE TO MEET WITHIN THE CITY
Adopted Resolution No. 02-25
Finding That There Are No
Unmet Transit Needs That Are
Reasonable To Meet Within The
City
Sm/Pa Ayes All
CITY MANAGER REPORTS
10. Report to Council regarding current activities and programs – VERBAL REPORT
COUNCILMEMBER REPORTS
CLOSED SESSION Tabled
1. Closed Session minutes of February 18, 2025 – APPROVE AND FILE
2. CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: (one potential case)
Tehachapi City Council Regular Meeting – March 3, 2025
Tehachapi Redevelopment Successor Agency Regular Meeting Tehachapi Public Financing Authority Regular Meeting And Tehachapi City Financing Corporation Regular Meeting ACTION TAKEN
3. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Paragraph (1) of subdivision (d) of § 54956.9
City of Tehachapi, et. al v. Tehachapi-Cummings County Water District (2 cases)
4. 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
The City Council/Boards adjourned at 6:47 pm to a City Council, Tehachapi Redevelopment Successor Agency, Tehachapi Public Financing Authority and Tehachapi City Financing Corporation Regular Meeting to be held on March 17, 2025 at 6:00 pm.
Adjourned At 6:47 pm
__________________________________
TORI MARSH, CMC
City Clerk, City of Tehachapi, California
Approved this 17th day
of March 2025.
___________________________
JOAN POGON-CORD
Mayor, City of Tehachapi, California
1234662.2 Page 1 of 12
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT (this “Agreement”) is entered into as of March 13, 2025 (the “Agreement Date”) by and between Hinderliter de Llamas & Associates (“Consultant”), and the City of Tehachapi (“Client”), which is located within the state of California (the “State”).
W I T N E S S E T H:
WHEREAS, Consultant is engaged in the business of providing consulting, software and other services that help public agencies understand and maximize their collection of revenues, as well as their delivery of other public services (collectively, “Consultant’s Business”); and WHEREAS, Client desires to contract with Consultant to obtain one or more of the services included within Consultant’s Business (as provided for in Section 1) upon the terms and conditions contained in this Agreement;
WHEREAS, Consultant desires to contract with Client to render such services upon the terms and conditions contained in this Agreement.
NOW THEREFORE, in consideration of the covenants and promises contained herein, Client and Consultant mutually agree as follows:
1. Services.
1.1 Consultant will perform those services included within Consultant’s Business that are described in Exhibit A. Such services are, collectively, the “Services”.
1.2 Consultant warrants that it will perform the Services in a professional manner in accordance with professional standards. In performing the Services, Consultant is acting as an independent contractor (and not as an agent or employee of Client).
1.3 Client acknowledges and agrees that any other public agency (including, without limitation, any participating government agency) located within or outside of the State (e.g., city, municipality, county, district, public authority or other political subdivision) may procure services for fees and other terms and conditions that are substantially similar to any of the Services, Fees and other terms and conditions set forth in this Agreement, provided that such other public agency executes a separate agreement with Consultant wherein the services rendered to such other public agency, the fees payable by such other public agency, and the other terms and conditions of such separate agreement are the responsibility of Consultant and such other public agency and not Client.
1.4 This Agreement does not limit the right of Consultant to enter into additional contracts with Client or to contract with other persons or entities (that are not Client) to provide them with merchandise or services of any kind whatsoever, including, but not limited to, services similar to the Services.
2. Fees. As compensation for performing the Services, Client will pay Consultant the fees, costs and expenses as described in Exhibit B. Individually and collectively these fees and costs are, the “Fees”. Consultant may perform the Services using professionalsfrom its staff or Consultant’s affiliated entities, and such Services will be billed to Client under the same billing terms applicable 1234662.2 Page 2 of 12
to Consultant’s staff. Consultant may increase the Fees from time to time (including, without limitation, annually as described in the Exhibits. Other than a Fee increase as described in the Schedules, Client may notify Consultant of a request that such Fee increase be modified or revoked and, if Consultant fails to do so to Client’s satisfaction within thirty (30) days after the receipt of such request, Client may terminate this Agreement without cause pursuant to Section 7.3.
3. Invoices; Payment.
3.1 Consultant will invoice Client for the Fees earned and/or incurred by Consultant pursuant to this Agreement.
3.2 Invoices are due and payable upon receipt. Interest will begin to accrue on the thirtieth (60th) day following the invoice date on all unpaid balances at a rate of one and one-half percent (1½%) per month, or the maximum rate permitted by law, whichever is less. Payments will first be credited to interest and then to principal. In the event that Client disputes or contests an invoice, only that portion so disputed or contested in good faith will be withheld from payment, and the undisputed portion must be timely paid. Interest will accrue on any contested portion of the invoice not timely paid and will be payable immediately if the contested invoice is resolved in favor of Consultant.
4. Insurance. Throughout the term of this Agreement, Consultant will maintain the following insurance in not less than the referenced amounts: (a) workers compensation and employers liability insurance as may be required by the State; (b) property damage liability of $1,000,000 per incident; (c) bodily injury liability of $1,000,000 per incident; and (d) professional liability for any errors or omissions of $1,000,000. Consultant shall name the City of Tehachapi, its officers, employees, and agents as additionally insured. Consultants insurance shall by primary and any insurance maintained by the City of Tehachapi is noncontributory.
5. Client Support.
5.1 Client will promptly provide in writing to Consultant all data and other information relating to or which may be necessary for Consultant’s performance of the Services. Without limiting the foregoing, Client will keep Consultant informed on a timely basis in writing as to the existence and amendments of the laws, ordinances and/or regulations under which Consultant is performing the Services (including any adopted by Client). Consultant will be permitted to rely on the accuracy, timeliness and completeness of the information provided by Client, and in no event will Consultant be liable to Client or others as a result of such reliance.
5.2 Client will examine all of Consultant’s reports, specifications, notices, proposals and other documents. In the event that a decision is required of Client in order for Consultant to perform the Services, Client will render such decision in writing in a timely manner.
5.3 Promptly following any request from Consultant, Client will adopt and maintain in full force and effect resolutions in forms acceptable to Client and in accordance with applicable law authorizing Consultant to examine the confidential sales tax and other relevant records of Client throughout the Term and, for so long as any Fees are still accruing pursuant to this Agreement, after the Term.
1234662.2 Page 3 of 12
5.4 Client will assist Consultant in obtaining such licenses, permits and approvals as may be required by law for performing the Services, and Client will pay all fees, assessments and taxes related to the application, issuance and maintenance thereof.
5.5 The Services do not include services that Consultant may be required or requested to provide to support, prepare, document, bring, defend or assist in litigation undertaken or defended by Client (“Litigation Services”). If Consultant agrees with Client or is required to perform Litigation Services, Client will promptly pay Consultant for all of Consultant’s costs and expenses related to Litigation Services at Consultant’s actual cost, plus ten percent (10%) thereof (all of which are deemed to be additional Fees).
6. Confidentiality; Software Use and Warranty; Records.
6.1 Consultant will comply with the requirements of the applicable laws, ordinances and/or regulations concerning the confidentiality of tax records of which it has been informed by Client pursuant to Section 5.1.
6.2 As used herein, the term “proprietary information” means all information, techniques, processes, services or material that has or could have commercial value or other utility in Consultant’s Business, including without limitation: Consultant’s (i) software, computer or data processing programs; (ii) data processing applications, routines, subroutines, techniques or systems; (iii) desktop or web-based software; (iv) audit, tax or fee collection/administration or business processes, methods or routines; (v) marketing plans, analyses and strategies; and (vi) materials, techniques and intellectual property used. Except as otherwise required by law, Client must hold in confidence and may not use (except as expressly authorized by this Agreement) or disclose to any other party any proprietary information provided, learned of or obtained by Client in connection with this Agreement.
The terms of this Section 6.2 do not apply to any information that is public information.
6.3 If access to any software which Consultant owns is provided to Client as part of this Agreement (including, without limitation, if Client chooses to subscribe to such software and reports option as part of the Services) (such Consultant-owned software is, collectively, the “Software”), Consultant hereby provides a limited, non-exclusive, non-transferable license to Client for the use by such of Client’s staff as may be designated from time to time by Client and approved by Consultant in writing to use the Software pursuant to and during the Term of this Agreement. The Software must only be used by such authorized Clientstaff, and Client must not sublicense, sublet, duplicate, modify, decompile, reverse engineer, disassemble, or attempt to derive the source code of the Software. The license granted hereunder does not imply ownership by Client or any of Client’s staff of the Software nor any rights of Client or any of Client’s staff to sublicense, transfer or sell the Software, or rights to use the Software for the benefit of others. Client may not create (or allow the creation of) any derivative work or product based on or derived from the Software or documentation, nor modify (or allow the modification of) the Software or documentation without the prior written consent of Consultant. In the event of a breach of this provision (and without limiting Consultant’s remedies), such modification, derivative work or product based on the Software or documentation is hereby deemed assigned to Consultant. Upon termination of this Agreement or this Software license, this Software license will be deemed to have expired and Client access to Software will be immediately removed. Client must immediately cease using and remove, delete and destroy all Software materials which may exist on Client’s computers and network. Consultant warrants that the Software will perform in accordance with the Software’s documentation. 1234662.2 Page 4 of 12
6.4 All documents, preliminary drafts, communications and any and all other work product related to the Services and provided by Consultant to Client either in hard copy or electronically are the property of Client. This does not include any software, programs, methodologies or systems used in the creation of such work product, nor does it include any drafts, notes or internal communications prepared by Consultant in the course of performing the Services that were not otherwise provided to Client in either hardcopy or electronic form, all of which may be protected by Consultant or others’ copyrights or other intellectual property. It is possible that any documents, drafts, communications or other work product provided to Client may be considered public records under applicable law and/or may be discoverable through litigation. Consultant may publicly state that it performs the Services for Client.
6.5 Subject to applicable law, Consultant is responsible for retaining all final documents and other final work product related to the Services for a period of not less than three (3) years from the date provided to Client. Retention of any other documents, preliminary drafts, communications and any and all other work product provided to Client by Consultant is the responsibility of Client.
Consultant has no responsibility to retain any drafts, notes, communications, emails or other writings created or received by Client in the course of performing the Services (other than the final documents and other final work product related to the Services and provided to Client for the term of years referenced above).
7. Term and Termination.
7.1 The initial term of this Agreement commences as of the Agreement Date and, unless terminated earlier pursuant to any of this Agreement's express provisions, will continue in effect for 3 years from such date (the “Initial Term”).
7.2 This Agreement may be terminated by either party for cause upon not less than fortyfive (45) days’ written notice given to and received by the other party, if the other party has materially breached this Agreement through no fault of the notifying party and fails to (i) commence correction of such material breach within thirty (30) days of receipt of the above-referenced written notice and (ii) diligently complete the correction thereafter.
7.3 In addition, either party may terminate this Agreement without cause upon not less than sixty (60) days’ written notice to the other party.
7.4 On termination, Client will pay Consultant for all Fees and other compensation (including for Litigation Services) earned and/or incurred through the termination date and will thereafter timely pay Consultant for all other Fees and compensation to which Consultant may be entitled pursuant to this Agreement (including the Schedules hereto), provided that Consultant shall not be entitled to payment for any Services performed in breach of this Agreement.
8. Indemnification.
8.1 Consultant agrees to fully and promptly indemnify and hold harmless (but not defend) Client and each of its officers, employees and agents (collectively, “Client Group”) from and against any and all third-party liabilities, judgments, awards, losses, claims, damages, expenses, and costs (including, without limitation, for reasonable third-party attorneys’ fees and costs awarded in connection therewith) (each, a “Third-Party Liability”, and collectively, “Third-Party Liabilities”) 1234662.2 Page 5 of 12
directly or indirectly related to this Agreement and arising out of any negligent act or negligent omission, or reckless or willful misconduct, of Consultant or any of its directors, officers, employees, agents, direct and indirect equity holders, or affiliates (collectively, “Consultant Group”) under this Agreement; provided, that such obligations to indemnify and hold harmless are only to the extent Consultant admits in writing, or any of Consultant Group is found by a court of competent jurisdiction in a judgment which has become final and that is no longer subject to appeal or review, to have caused the above-described Third-Party Liability(ies). In no event shall Consultant be obligated to defend any of Client Group or pay for any Client Group attorneys’ fees or other costs of defending against any such Third-Party Liabilities (“defense costs”), with exception of if Consultant is obligated to indemnify and hold harmless Client Group as described above in this Section 8.1 then Consultant shall also be responsible for the defense costs incurred by Client Group for the related matter.
Consultant’s duty to indemnify and hold harmless Client shall not apply to claims for liability which arise from the issuance or non-issuance of any registration, license, permit, or exemption.
9. Liability Limitations; Governing Law; Dispute Resolution.
9.1 To the maximum extent permitted by law and notwithstanding anything to the contrary in this Agreement:
9.1.1 Except as may otherwise be expressly set forth in this Agreement, Consultant makes no warranty of any kind with respect to the Services or the Software, express or implied. Consultant hereby disclaims all other warranties, express or implied, including the implied warranties of merchantability, fitness for a particular purpose, title and non infringement. Consultant disclaims all warranties and responsibility for third party software.
9.1.2 Notwithstanding anything to the contrary, in no event will Consultant be (a) liable for claims, liabilities or damages (i) that could not reasonably have been foreseen upon entry into this Agreement; (ii) arising from any action or inaction by Consultant in response to specific direction from Client; (iii) in connection with any Client monies not collected by Consultant; nor (iv) in connection with the issuance, non-issuance or revocation of any registration, license, permit, or exemption; nor (b) required to provide a defense in connection with any indemnification or hold harmless provisions under this Agreement.
9.1.3 Without limitation on any statue of limitations that expire in less than three years, no claim may be brought by Client against any one or more of Consultant Group arising out of this Agreement (including, without limitation, in connection with the Services or the Software) more than three years after the date upon which Client has actual knowledge of the first occurrence of the action or inaction giving rise to such claim (whether relating to the Services, the Software or otherwise).
9.1.4 Client acknowledges this Agreement is with Consultant in its capacity as a corporation or a limited liability company, and Client agrees that in no event will it seek to hold any of the Consultant Group (other than Consultant) responsible for any obligations under this Agreement.
9.2 The law of the State will govern the validity of this Agreement, its interpretation and performance, and any other claims related to it, without regard to the State’s conflict of laws rules. 1234662.2 Page 6 of 12
Venue for any legal action arising out of this Agreement will be proper only in the State courts or the federal courts located within the State. The parties hereby submit to the exclusive jurisdiction of such courts and waive any other venue to which either party might be entitled by domicile or otherwise.
Both parties waive the right to a jury trial in an action to enforce, interpret or construe this Agreement.
9.3 In the event of any legal action to enforce this Agreement or due to its breach, the non prevailing party shall reimburse the prevailing party for all costs and expenses incurred, including reasonable attorneys fees.
9.4 A breach of this Agreement by either party may cause the other party hereto irreparable harm, the amount of which may be difficult to ascertain, and therefore such other party will have the right to apply to a court of competent jurisdiction for specific performance and/or an order restraining and enjoining any further breach and for such other relief as such other party may deem appropriate.
Such right is in addition to the remedies otherwise available to such other party at law or in equity.
The parties hereto expressly waive the defense that a remedy in damages will be adequate and any requirement in an action for specific performance or injunction hereunder for the posting of a bond.
10. General Legal Provisions.
10.1 Force Majeure. Consultant is not responsible for damages or delay in performance caused by acts of God, strikes, lockouts, accidents or other events beyond the control of Consultant.
10.2 Amendment; Waiver. Any provisions of this Agreement (including, without limitation, any Schedules or provisions within any Schedules) may be amended or terminated if in writing and signed by both Client and Consultant. No waiver by any party of any default, misrepresentation or breach of warranty or covenant hereunder, whether intentional or not, will be deemed to be valid unless acknowledged by such party in writing, and such waiver will not extend to any prior or subsequent default, misrepresentation or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
10.3 Severability and Survival. If any provision in this Agreement is held illegal, invalid or unenforceable, the enforceability of the remaining provisions will not be impaired thereby.
Notwithstanding any other provisions of this Agreement (including, without limitation, Section 7), Sections 3, 5.5, 6, 7, 8, 9 and 10 will survive the termination of this Agreement.
10.4 No Third-Party Beneficiaries; Services Limited to Agreement. Except as set forth in Section 8, this Agreement gives no rights or benefits to anyone other than Client and Consultant and has no third-party beneficiaries. The Services to be performed for Client by Consultant are defined solely by this Agreement (including the Schedules), and not by any other contract or agreement that may be associated with performing the Services.
10.5 Assignment. This is a bilateral personal services agreement. Neither party will have the power to or will assign any of the duties or rights or any claim arising out of or related to this Agreement, whether arising in tort, contract or otherwise, without the written consent of the other party. Any unauthorized assignment is void and unenforceable. This Agreement is binding on the successors and assigns of the parties hereto.
1234662.2 Page 7 of 12
10.6 Notices. All notices under this Agreement must be in writing and will be deemed to have been given when such notice is received (i) from United States Postal Service First Class Certified Mail, Return Receipt Requested, (ii) by courier service, or (iii) by email; provided, however, that notices received on a weekend or holiday or on a business day after 4:00 p.m. local time will be deemed to have been received on the next business day. Notices will, unless another address is specified in writing, be sent to the addresses indicated below (each of which must include a street address and an email address): Consultant: Hinderliter de Llamas & Associates, Attn: HDL Contracts, Email: [email protected]; and Client: City of Tehachapi, Attn:
_______________, Email: ___________.
10.8 Entire Agreement; Conflict. This Agreement (including any Schedules dated as of the Agreement Date or hereafter) constitutes the entire agreement between the parties and supersedes any prior understandings, agreements, or representations by or between the parties, written or oral, to the extent they have related in any way to the subject matter hereof. Should there ever be a conflict between the terms and conditions of the Schedule(s) and the remainder of this Agreement, the terms and conditions of the remainder of this Agreement will prevail and be controlling.
10.9 Counterparts; Electronic Signatures; Authority. This Agreement may be signed in any number of counterparts, each of which will constitute an original and all of which, when taken together, will constitute one agreement. Any signed signature pages of this Agreement transmitted by email or other electronic means in a portable document format (PDF) or other clear and visible electronic format will have the same legal effect as an original. Each of the persons signing on behalf of a party hereto represents that he or she has the authority to sign this Agreement on such party’s behalf.
10.10 No Adverse Construction. Both parties acknowledge having had the opportunity to participate in the drafting of this Agreement. This Agreement will not be construed against either party based upon authorship. The section headings contained in this Agreement are inserted for convenience only and will not affect in any way the meaning or interpretation of this Agreement. [Signatures are on the next page]
1234662.2 Page 8 of 12
IN WITNESS WHEREOF, the parties hereto have entered into this Agreement through their duly authorized representatives as of the Agreement Date.
CONSULTANT:
Hinderliter de Llamas & Associates
By: Joshua Davis
Its: VP of TFA
CLIENT:
City of Tehachapi
By:
Its:
1234662.2 Page 9 of 12
EXHIBIT A
Business License Tax and Fees Administration
SCOPE OF SERVICES
Consultant will provide the following Services relative to Client’s business license tax administration.
1. Operations Management Services
1.1. Establish and maintain database of Client businesses.
1.2. Receive and process applications, renewals and payments in a timely fashion.
1.3. Send renewal notices to active businesses within 30 days of the renewal period end date or at another interval specified by Client.
1.4. Provide businesses multiple options for submitting applications, renewals, payments, or support requests (including via website, email, mail, phone, and fax. Consultant license specialists will be available for live interactions Monday through Friday, 8:00am to 5:00pm Pacific).
1.5. Remit revenue to Client no less than monthly.
1.6. Provide Client staff access to website portal offering business registry inquiry, reporting, and electronic department approval capabilities.
2. Compliance Services: 1) Identify and register businesses which are subject to licensure or taxation, 2) collect known debt as pertains to business license or tax, and 3) identify under-reported tax liability.
2.1. Discovery Services
2.1.1.Develop a list of businesses subject to Client licensure or taxation.
2.1.2.Notify non-compliant businesses of their options to comply or dispute their non-compliant status.
Notification and support to businesses will be facilitated through the website, mail, email, phone and fax.
2.1.3.Review information and forms submitted by the business for completion and accuracy, inclusive of any additional required documentation (i.e. home occupation permit). All submissions are filed and stored electronically and made available to Client upon request.
2.1.4.Provide businesses with detailed invoicing and options to pay via website, mail, and phone.
2.1.5.Remit revenue to Client no less than monthly, along with all business applications and any additional documentation.
2.2. Collection Services
2.2.1.Identify businesses subject to Client licensure or taxation which have known debt to Client and have failed to pay within an appropriate time frame.
2.2.2.Notify businesses of their options to comply or dispute their non-compliant status.
2.2.3.Provide businesses with detailed invoicing and options to pay via website, mail and phone.
2.2.4.Remit revenue to Client no less than monthly.
2.3. Audit Services
2.3.1. Identify potential under-reporting and/or misclassified businesses.
2.3.2.Audit businesses mutually agreed to by Client and Consultant that are identified as potential under-reporting businesses.
2.3.3.Submit audit summaries to Client and discuss further actions.
2.3.4.Educate businesses on proper reporting practices.
2.3.5.Invoice and collect identified deficiencies.
3. Online Payment Processing – Consultant’s services include PCI compliant payment processing services which supports both credit card and eCheck transactions.
3.1. Client Responsibilities
1234662.2 Page 10 of 12
3.1.1.As a condition to its receipt of the Service, Client shall execute and deliver any and all applications, agreements, certifications or other documents required by Consultant’s payment processor, Networks or other third parties whose consent or approval is necessary for the processing of Transactions by Consultant’s payment processor. “Network” is an entity or association that operates, under a common service mark, a system which permits participants to authorize, route, and settle Transactions among themselves, including, for example, networks operated by VISA USA and Mastercard, Inc., NYCE Corporation, American Express, and Discover.
3.1.2.Client hereby grants Consultant the full right, power and authority to request, receive and review any Data or records reflected in a Transaction report. Client represents and warrants that it has the full right and authority to grant these rights.
1234662.2 Page 11 of 12
EXHIBIT B
FEES
4. Operations Management Services
4.1. Fees for performing operations management Services shall be $23.00 for each processed account, which is any account for which an application or renewal/return was processed, or active account which was sent a renewal notice, and a one-time $5,000.00 implementation fee.
4.2. Fees will be increased as of January 1st of each calendar year with reference to the 12-month percent change in the most recently published annual Consumer Price Index for All Urban Consumers (CPIU), West Region, as reported by the U.S. Bureau of Labor Statistics (the “CPI Change”). Each annual increase in the Fees will be equal to the greater of two percent (2%) or the actual CPI Change and the lesser of ten percent (10%) or the actual CPI Change. For example, if the actual CPI Change is 1.5%, then the annual increase will be 2%, if the actual CPI Change is 3.5%, then the annual increase will be 3.5%, and if the actual CPI Change is 12%, then the annual increase will be 10%.
4.3. Fees related to travel and lodging expenses are billed at cost and apply to all meetings (including implementation, training, operations and support). Travel expenses only apply to out of scope travel and must therefore be pre-approved by Client.
4.4. Fees will be invoiced monthly to Client for Services performed during the prior month. Fees will be netted out of Client’s monthly revenue disbursement. Client will submit payment for any balance due to Consultant within 30 days of receiving the invoice.
5. Compliance Services
5.1. Fees for performing compliance Services apply to all monies received for the current tax/license period and any other prior period collected (including monies received for taxes, penalties, interest, and fees).
5.1.1.Fees for performing discovery Services shall be a contingency Fee of 40% of the revenues received as a result of the Services.
5.1.2.In the event that Client discovers a non-compliant business and reports the business to Consultant (including a calculation of all taxes/fees due), Consultant will categorize the business as a collection service effort and thus apply the lower collection Services contingency Fee rate.
5.1.3.Fees for performing collection Services shall be a contingency Fee of 25% of the revenues received as a result of the Services.
5.1.4.Fees for performing audit Services shall be a contingency Fee of 40% of the revenues received as a result of the Services.
5.2. Consultant recognizes Client’s authority to waive or reduce the tax/fee debt of a business. Should Client decide to do so for a business whose deficiency was identified by Consultant, Consultant shall be entitled to compensation in the amount of one half (1/2) of the Fees Consultant would have otherwise earned. Deficiencies which are uncollectable due to insolvency or dissolution of the business, or for deficiencies which are otherwise incapable of collection (i.e. statute of limitation or other legal defense) shall not be considered a Client voluntary election to waive, and thus, Consultant would not be entitled to compensation related thereto under this provision.
5.3. The fee shall be paid notwithstanding any related Client assistance, work in parallel, and/or incurrence of attorneys’ fees or other costs or expenses in connection, with the relevant Services.
5.4. Fees related to travel and lodging expenses are billed at cost and applied to all meetings (including implementation, training, operations, and support). Travel expenses only apply to out of scope travel and must therefore be pre-approved by Client.
1234662.2 Page 12 of 12
5.5. Fees will be invoiced monthly to Client for Services performed during the prior month. Fees will be netted out of Client’s monthly revenue disbursement. Client will submit payment for any balance due to Consultant within 30 days of receiving the invoice.
6. Payment Processing – Consultant will configure payment processing services to utilize either a taxpayer funded model (convenience fee) or Client funded model, as directed by Client. Client may switch between these models upon written request to Consultant. Fees for each of these payment processing models are detailed here.
6.1. Taxpayer funded model – Client authorizes Consultant to collect each convenience fee from the taxpayer at time of payment.
6.1.1.Credit and debit card processing – 2.9% of transaction amount, minimum of $2.00
6.1.2.ACH/eCheck processing - $2.50 per transaction
6.2. Client funded
6.2.1.Credit and debit card processing – 2.9% of transaction amount
6.2.2.ACH/eCheck processing - $0.75 per transaction
6.3. Returned payments/NSF fee – Each occurrence of a card chargeback, returned payment or insufficient funds will incur a fee of $25.00, to be applied to the taxpayers account.
6.4. Consultant reserves the right to review and adjust pricing related to payment processing services on an annual basis. Consultant will communicate any such adjustment to Client in writing, with 60 days advance notice. Items that will be considered in the review of fees may include, but are not limited to: regulatory changes, card association rate adjustments, card association category changes, bank/processor dues and assessments, average consumer payment amounts, card type utilization, and costs of service.
Accounts Payable
Checks by Date - Detail by Vendor Number
User afiescas
Printed: 3t512025 lt42 PM
Check No Vendor Name
ClTY OF
I'endor No
Invoice No
f'o^t
I
=_J
TE HACHAPI
CALIFORNIA
Check Date
Reference
CheckAmount
ACH 0061
NM'722
AI04768
N05279
Ar05525
0300
5233'/2732
5233',72733
BSKAssociates
Wf,Drinking Water Samples
Wtr/Drinking Water Sampleg
Wtr/Drinking Water Sarnples
Wtr,Drinking Water Saoples
Total for this ACH Check for Vendor 0061 :
Total for VeDdor 0061 (BSKAssociates):
State of Califomia Department of Justice
PD/LivescaDs
Total for this ACH Check for Vendor 0127:
Total for Vendor 0127 (State of Califomia Department ofJustic€):
P&J Electric Inc.
Wtr^lr'el Pump - Mojave Well
Swrn |WTP Run CAI Cable
Total for this ACH Check for Vendor 0 I 82:
Total for Vendor 0182 (P&J Electric Itrc.):
Mission Linen & Uniform Service
PW,{-inen MaintMats
SWI/WWTP Mats
Total for this ACH Check for VeDdo( 0300:
Total for Vendor 0300 (Mission Linen & Uniform Service):
RSI Petroleum Prcducts
PwruDhaded cas
PWru caded Gas,Diescl Fuel
Total for this ACH Check for Vendor 0362:
Total for Vendor 0362 (RSI Pefoleum Ploducrs):
Southem Califomia Edison
LLD/80028 I 5704/hdustrial Pk*y-Curry/JaD 20j
Aftl8000l46l55DeruisoD Vo Hwy 58/Jan 15-Fr
30.00 95.05
95.05 95.05
170.00
ACH 0127
79s383
ACH 0182
9247
9258
170.00
170.00
750.00
359.64
I,109.64
1,109.64
286.23
42.69 ACH 0362
0411013
Mlt221
ACH 0372
02032025
02142025
328.92
4389.10
3,526.44
8,015.54
8,015.54
86.82 226.81
AP Checks by Dat€ - Detail by Vendor Number (3/5/2025 l:42P1'tt) Page I Check No !'endor No
Invoice No
Vendor Nam€
Description
Check Date
Reference
CheckAmount
02r42025-A
02t42025-B
02142025-C
02142025-D
02r42025-E
02t42025-F
0214202s-G
02t42025-H
0219202s
02t92025-A
02192025-B
02192025-C
02t92025-D
02202025
02202025
02202025-A
02202025-B
0221202s
022t202-A
0221202-B
02242025
02242025-A
02242025-B
02242025-C
02242025-D
022s2025
02252025-4.
022s2025-B
02252025-C
0?.252025-D
02252025-E
0225202s-F
03032025
Aitl8000152422/314 N Hayes Sy'Jan l5-Feb 13 i
Air/800036113 1/314 N Hayes Papi./Jan 15-Feb 1
Air/8000EE0034/314 N Hayes G3/Jan 15-Feb l3
A 8001144201//314 N Hayes St #B/Jan l5-Feb
Ni/E0033121A'7//314N Hayes St atr15-F€b 13
Air/80033 12881/9999 1/2 Hayesran l5-Feb 13 :
Air/8003326595/316 N Mojave SVJan 15-Feb 1:
Air/8003354614/West End Teh Airport an l5-Fr
Sms/8000? 7 8639/ | 668 Tehachapi Bhd AJJan l:
Stnv800077e4ll l66E Tehachapi Bhd B/Jdn 1;
Strts/8003489234/500 Tucker Rdran 17-Feb 18
SFts/80024753 8 1/2069 E Tehachapi Blvd Bran
St s/8002489094/2069 E Tehachapi Blvd A-iJan
Stts/8000502976/318 East E St/Jan 21-Feb 19 2
LLDlE00295l475/329 1/2D Stllut22-Feb 20 2l
PW8001115138/114 S Gre€n SdJan 2l-Feb l9 :
strts/8000973948/l13 S Mojave Sr/Jan 2l-Feb I
Strts/8000568732/213 S Curry St Aran 22-Feb i
Ge/8002106277/200 W Tehachapi Blvd/Jan 22-
PD/800289341l/220 West C Stdan 22-Feb 20 2(
GG/80000?2472n 11 West I SrJar 23-Feb 23 20
Swr/80O3352493/880 Enterprise/Jan 23-Feb 23 i
Swr/8002521204/800 Enterprise/Jan 23-Feb 23 i
S8tV800388509/333 1/2 E Tehachapi Blvd/Jatr 2
Strty8004951232209 l/2 E Tehachapi Blvd/Jan
strrs/8000096590/205 N Mill Sr/Jan 24-Feb 24 2
Strts/80013365285/335 Tehachapi Blvd Ped/Jan
Strts/8003365285/Tohachapi Bl w/o Grc€r/Jan 2
Strtv8003 8 873 5 2/ 103 Tehacbapi Blvd/Jan 24-Fe
Strts/80tr03 8875 I I /10 1 Tebachapi Blvd #B/JaD 24
PW800M13506/801 Mountain View AvdJan 2!
GC/Eo1595 8413/704 W Valley Blvd Ped/Jan 24-
LLD/80028 I 5704,4Ddustrial Pk*y-Curryneb 20
Total for this ACH Check for Vendor 0372:
Total for veodor 0372 (Southern Califomia Edison):
HD Supplies IDc.
Swr/DosinS Pump
Total for this ACH Check for Verdor o450:
Total for Vendor 0450 (HD Supplies loc.):
WITTS Everything for the Office
Gc/Custom Prirted Envelopes
Total for this ACH Check for VeDdor M76:
Total for Vendor (X76 (WITTS Everything for tho Office):
Safety-Kleen Systems Inc.
PWOiI Disposal
95.90 120.15
2t.41
208.49
r33.71
I I I.80
t42.05
136.51
84.15 34.38
15.28 35.08
75.33 s4.09
24.50 39.91
68.',73
1.89 193.82
2,438.72
28.95 2,894.98
t3,291.06
84.0',1
16.86 71.83
47.32 31.42
48.59 l19.41
40.63 187.38
86.82 21.304.91
21,304.91
113.85
ACH M5O
INV00627819
ACH 0476
358915
ACH 0509
965667s7
113.85
113.65
303.10
303.10
303.10
l'74.00
174.00
AP Checks by Dale - Detail by Vendor Numbor (3/5 /2025 II42PW Tolal for this ACH Check for Veodor 0509:
Check No Vendor No
Invoice No
ACH 0832
0705397
0705397-A
0705397-B
0705397-C
ACH 0842
Tl9480
T19480-A
ACH 1754
SWRCB22525
ACH 1982
R-00572375-A
R-00572375-B
R-00572375-C
R-00572375-D
R-00572375-E
R-00572375-F
R-00572375-G
R-00572375-H
R-00572375-I
R-00572375-J
R-00572375-K
ACH 2026
022034079
ACH 2147
39565
Vendor Name
Description
Check Date
Reference
Total for Vendor 0509 (Safety-Kleen Systems Inc.):
ACWA/JPIA
Medical Insurance Premium & Adjustment/Apri"
Dental Insurance Premium & Adjustment/ April :
Vision Insurance Premiwn & Adjustment/April:
Life Insurance Premium & Adjustment/ April 20:
Total for this ACH Check for Vendor 0832:
Total for Vendor 0832 (ACWAIJPIA):
Kem County Public Works Dept.
Transit/fatal Operating Cost/Jan 2025
Transit/Less Farebox Revenue/Jan 2025
Total for thisACH Check for Vendor 0842:
Total for Vendor 0842 (Kem County Public Works Dept.):
SWRCB-DWOCP
Wtr/Grade D l Exam
Total for thisACH Check for Vendor 1754:
Total for Vendor 1754 (SWRCB-DWOCP):
SSD Systems
DSD/ Alarm Services/Mar 2025
PW/Alarm Services/Mar 2025
Trailer/ Alarm Services/Mar 2025
Wtr/Alarm Services/Mar 2025
WWTP/Alarm Services/Mar 2025
Wtr/Alarm Services/Mar 2025
WWTP/Alarm Services/Mar 2025
RR/ Alarm Services/Mar 2025
GG/ Alarm Services/Mar 2025
Air/Alarm ServiceState & County Tax/Mar 2025
PD/ Alarm ServiceState & County Tax/Mar 2025
AV Fuel Corporation
IOOLLAviation G Fuel
Total for this ACH Check for Vendor 1982:
Total for Vendor 1982 (SSD Systems):
Total for this ACH Check for Vendor 2026:
Total for Vendor 2026 (AV Fuel Corporation):
Coffee Break Service Inc.
GG/Coffee Service & Supplies
AP Checks by Date - Detail by Vendor Number (3/5/2025 I :42 PM) Check Amount
174.00
94,924.10
11,774.40
1,906.20
2,511.08
111,115.78
111,115.78
13,510.75
-12.93
13,497.82
13,497.82
50.00 50.00
50.00 56.97
57.75 77.73
52.98 52.98
41.82 41.82
102.09
52.33 81.27
255.68
873.42
873.42
17,826.24
17,826.24
17,826.24
294.30
Check No Vendor No
Invoice No
ACH 2634
L81747
ACH 2676
USPS2 l 92025
ACH 2893
A-7137
B-4756
ACH 3011
6104894142
6106367090-A
6106367090-B
6106367090-C
6106367090-D
6106367090-E
61 06367090-F
6106499183
6106499183-A
ACH 3173
3047
3049
ACH 3248
79019CVW
Vendor Name
Description
Check Date
Reference
Total for this ACH Check for Vendor 2147:
Total for Vendor 2147 (Coffee Break Service Inc.):
Bakersfield Electric Motor Repair Inc
Swr/RAS Pump Rebuild
Total for thisACH Check for Vendor 2634:
Total for Vendor 2634 (Bakersfield Electric Motor Repair Inc):
USPS-POC
Postage/ Acct #8104072
Total for this ACH Check for Vendor 2676:
Total for Vendor 2676 (USPS-POC):
Card.member Service
CSMFO Membership
PayPal/Accela Oline Payments/Jan 2025
Total for thisACH Check for Vendor 2893:
Total for Vendor 2893 (Card.member Service):
Verizon Wireless
PD/Mobile Computers #242395501/Jan 2-Feb 1
GG/Mobile Broadband #772237654/Jan 19-Feb
PW/Mobile Broadbaod #772237654/Jao 19-Feb
PD/Mobile Broadband #772237654/Jan 19-Feb
Fin/Mobile Broadband #772237654/Jan 19-Feb
ED/Mobile Broadband #772237654/Jan 19-Feb
FM/Mobile Broadband #772237654/Jan 19-Feb
CE/Mobile Broadband #372237676/Jan 21-Feb:
PD/Mobile Broadband #372237676/Jan 21-Feb:
Total for this ACH Check for Vendor 3011:
Total for Vendor 3011 (Verizon Wireless):
Sergio G. Soto
PW!TE-33 Flat Tire Repair
PW N-7 Wheel Alignment
Three Way Automotive Group
GGN-50 Pad Kit
Total for this ACH Check for Vendor 3173:
Total for Vendor 3173 (Sergio G. Soto):
AP Checks by Date - Detail by Vendor Number (3/5/2025 1 :42 PM) Check Amount
294.30
294.30
931.36
931.36
931.36
1,000.00
1,000.00
1,000.00
60.00 30.00
90.00 90.00
1,875.32
304.08
494.13
38.01 38.01
645.62
38.01 38.01
38.01 3,509.20
3,509.20
25.00 80.00
105.00
105.00
120.99
Page4
Check No V'€ndor No Vendor Name
Invoice No Description
Check Date
R€f€aenc€
Check Amount
Total for this ACH Check for Vendor 3248:
Total for Vendor 3248 (Three Way Automotive croup):
Motorola Solutions Inc.
PD,Radio Upgrade
Total for this ACH Ch€ck for Vendor 3546:
Total for Vendor 3546 (Motorola Solutions Inc.):
Don's ho Tecbnology Auto Repair
PWTE-32 Exlaust Manifoid
Total for this ACH Check for Vendor 3564:
Total for Vendor 359 (Don's Pro Tecbnology Auto Repair):
Customized Custodial Services
\4sitor Center Janilorial Service$Mar 2025
Public Works JaDilorial Services^,far 2025
Water Dept Ja.ditorial Services,4vtar 2025
Sewer Facility Jadtorial Services/Mar 2025
Sewer Batluoom Janitorial Serviceg4vlar 2025
Airport I-ounge Janitorial ServicesMar 2025
RR Dept Jadtorial Sewices,Mar 2025
SeDior CeDter Jaoitorial Scrvice$Mar 2025
City Hall Jaoitorial ServiceslMar 2025
Annex Jadtorial Services^4ar 2025
Police Dept Janitorial ServicesMar 2025
Bus Station Janitorial ServiceyMar 2025
Total for rhis ACH Check for Veador 3708:
Total for Vendor 3708 (Customized Cusrodial Services):
Hillorie Thomas
2024-25 Wellness crantE4uipmeDt
Tolal for this ACH Cbeck for Vendor 1619:
Total for Vendor l8l9 (tlillorie Thomas.l:
H&EEquipmentServices
PWBoom Lift Rental
Tolal for this ACH Check for Vendor 391 2:
Total for Vendor 3912 (H & E Equipme Services):
Kem County Public Works
P\ff/Trasb
120.99
120.99
1,635.7',7
ACH 3546
82820',71148
ACH 3564
104772
ACH 3819
HT332025
ACH 3708
coT0325
cor0325-A
coT0325-B
coT0325-C
cor0325-D
cor0325-E
coT0325-F
coT0325-G
cor0325-H
coT0325-r
coT0325-J
coTo325-K
|,635.71
t,635.'t7
867.29
E67.29
867.29
105.00
262.00
305.50
305.50
150.00
323.00
220.00
519.00
t,026.00
02.00 2,24E.00
r60.00
6,246.00
6,246.00
100.00
100.00
ACH 3912
900121821
100.00
839.23
E39.23
ACH 4138
47924
839.23
719.t4
AP Checks by Date - Detail by Vendor Numb€r (3/512025 tAzpM\ Page 5 Check No Vendor No
lnvoice No
Vendor Name Ch€ck Date
Reference
Ch€ck Amount
41924-A Wtr/Trash
Total for this ACH Check for Vendor 4 I I E:
Total forVendor4138 (Kem County Public Works):
WM Corporate Services
Ref,lRefuse CoDtract/Jan 2025 Billing
Ref,/Kem Couffy Bitr Disposal Fees/Jarl2025 Bi
Total for this ACH Check for V€ndor 4142:
Total for Vendor 4142 (WM Corporate Services):
Corey Costelloe
2024-25 Wellness Grad/Excrcise
Total for tbis ACH Cbeck for Vendor 4214:
Total for Veodor 4214 (Corey Costelloe)l
71.17 797.01
791.01
166,405.34
20,191.09
ACH 4142
1312025-A
t3t2025-B
ACH 4214
cco2272025
ACH 4234
2022-r3608
ACH 4260
sB32325
sB32325-A
s832325-B
sB32325-C
sB32325-D
sB32325-F
sB32325-C
sB3232s-H
s832325-l
sB32325-J
ACH 4212
0384182-rN
0384183-IN
0384184-IN
03841E6-IN
XIO Inc
wtr/SCADA Subscription F€e
186,602.43
186,602.43
100.00
100.00
100.00
9,968.92
Total for this ACH Check for Vendor 4234:
Total for Vetrdor 4234 QCO Inc):
Summit Bank-Loan q)erations
GcEquipment Lease Loao # 100020/Pri!cipal
cc/Capital Lease Loa! #l ooo2o/Pritrcipal
Cc/Ca?ital Lease Loan # 100020/Principal
Gc,Gquipment Lease Loan #100020[ntsrest
PD/Equipment Lease Loan #100020/Principal
PD/Capital Lease l-oan # 1 00020,DriDcipal
PD/Capital Leas€ Loan # 100020Principal
PDEquipm€nt L€ase Loan #100020,{nteresr
wtr,/EquipmeDt Lease Losn # 100020,?rincipal
Wtr/Equipment Lease Loan #100020^nterest
UCC FiliDg Fee (Fiml Payment)
Total for this ACH Cbeck fot Vendor 4260:
Total for Vendor 4260 (Surbliit Balk-Loan Operatlons):
Amber Chemical tnc
Wtr,/Hypochlorite - Curry Tal]k
Wtr/Hpochlorite - Walfstrom Well
Wtr/H)?octrlorite - Dennison Well
wtr/r\?ochlorite - Mitrto w€ll
9,968.92
9,968.92
32,402.45
32,4D2,45
-32,402.45
567.00
9,720.74
9,120.74
-9,720.14
170.1I
9,',t20.74
170.11
50.00 52,801.I5
52,801.15
508.00
254.00
r52.40
304.80
|,2r9.20
AP Check by Dat€ - D€tail by VeDdor Number (3/512025 l:42PW Total for this ACH Check for Vendor 4272:
Check No !'endor No Vendor Name
Invoice No Descriptiou
Check Date
Reference
Cbeck Amount
ACH 4294
I ls86E3
Total fo. Vendot 4272 (Amber Chemical Inc):
American Assoc of Airport Executives
Air/Aff iliate Membersbip
Total for this ACH Check for Vendor 4294:
Total for Vendor 4294 (American Assoc of Airport Executives):
Canon Fhancial Services Inc
PWCanon Copier Feb 2025 Billing
Total for this ACH Check for Vendor 43 53 :
Total for V€trdor 4353 (Canon Financial Services Inc):
Orkin
AirlPest Coatrol Acct #33?11033
PW,/Pest Corhol Acct #33 7 12203
Wtr/Pest Control Acct #3 371 2203
S*rDest CoDhol Acct #33 7 t 2203
Total for this ACH Check for Veddor 4389:
Total for Vendor 4389 (Orkin):
Springbrook Holding Co. LLC
CivicPay & PayPad Transaction Fees,4eb 2025
Tolal for this ACH Ch.ck for Vendor ug00:
Total for Vetrdor ,1400 (Springbrook Holding Co. LLC):
Quadient Leasing USA Inc.
Lease Palm€nt Mar 8-June 7 2025
Total for this ACH Check for Vendor 4429:
Total fo! Vendor 4429 (Quadietrt Leasing USA Inc.):
LL Safford
GG,^r'€ ness Crait 2024-25lEquipment
Total for this ACH Check for VeDdor 4439:
Total for Vendor 4439 (Liz Safford):
Zachary Page
Codn Vebicle Enf-Sacmmenl!.^y'.ar 23-28 2025
1,219.20
215.00
275.00
27s.00
90.s9
4353
38583372
ACH 4400
rNv-o19991
ACH
ACH
90.59 ACH 4389
2738t4940
273815108
273815108-A
2?38151oE-B
90.59 196.00
1t4.50
57.25 57.25
425.00
425.00
869.00
869.00
869.00
496.86
4429
Q\1 t1574
ACH 4439
8522625
ACH 4451
2P03232025
496.86
496.E6
100.00
100.00
100.00
489.00
A? Checks by Dale - Detsil by VeDdor Nu-mb€r t3/5 2025 l:42 PM) Total for this ACH Check for Vendor 445 1 :
P^Ee 7
Check No Vendor No
Invoice No
ACH 4573
RB22725
RB22725-A
ACH 4642
167752501022125
ACH 4647
14658548
ACH 4679
848
850
850-A
ACH 4714
CD_ 001036202
ACH 4741
EN2272025
ACH 4794
EM039007
EM039007-A
Vendor Name
Description
Rae Budge
Check Date
Reference
Total for Vendor 4451 (Zachary Page):
CAPE Seminar-Oxnard Mar 3-7 2025/Meals & I
CAPE Seminar-Oxnard Mar 3-7 2025/Parking
Total for this ACH Check for Vendor 4573:
Total for Vendor 4573 (Rae Budge):
Charter Communications
GG/lntemet Services/Feb 21-Mar 20 2025
Total for this ACH Check for Vendor 4642:
Total for Vendor 4642 (Charter Communications):
U.S. Bank
Fin/Investment AcctAdmin Fees
Total for this ACH Check for Vendor 4647:
Tehachapi Sign Co/Rocket Media
PW /Signs for Courts
Swr/Decals Installed on Vehicles
PW !Decals Installed on Vehicles
Total for Vendor 4647 (U.S. Bank):
Total for thisACH Check for Vendor 4679:
Total for Vendor 4679 (Tehachapi Sign Co/Rocket Media):
RingCentral Inc.
Digital Line Unlimited
Elizabeth Narvaez
Total for this ACH Check for Vendor 4714:
Total for Vendor 4714 (RingCentral Inc.):
2024-25 Wellness Grant/Equipment
Total for this ACH Check for Vendor 4741:
Total for Vendor 4741 (Elizabeth Narvaez):
Agile Occupational Medicine
PW/Pre Employment Physical
PD/Employment Physical
AP Checks by Date - Detail by Vendor Number (3/5/2025 1:42 PM) Check Amount
489.00
288.00
190.00
478.00
478.00
101.89
101.89
101.89
264.98
264.98
264.98
1,359.15
651.00
651.00
2,661.15
2,661.15
35.98 35.98
35.98 100.00
100.00
100.00
380.00
1,430.00
Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
Total for this ACH Check for Vendor 4794: 1,810.00
Total for Vendor 4794 (Agile Occupational Medicine): 1,810.00 ACH 4804 Wiring Connection
WC22025 Hydrant Meter Deposit Balance Refund/#008-00 429.26 Total for this ACH Check for Vendor 4804: 429.26
Total for Vendor 4804 (Wiring Connection): 429.26
ACH 4841 Nicole Turpin
NT22725 CAPE Seminar-Oxnard/Mar2-7 2025/Meals & Il 351.00 NT22725-A CAPE Seminar-Oxnard/Mar2-7 2025/Parking 228.00 Total for this ACH Check for Vendor 4841; 579.00
Total for Vendor 4841 (Nicole Turpin): 579.00
ACH 4842
25-0224-6
Susan Saxe-Clifford PH.D,
PD/Psych Evaluation 450.00
Total for this ACH Check for Vendor 4842: 450.00
Total for Vendor 4842 (Susan Saxe-Clifford PH.D,): 450.00 ACH 4856 Michael Gregorio
MG03232025 Comm Vehicle Enf-Sacramento/Mar 23-28 2025 489.00 Total for tbisACH Check for Vendor 4856: 489.00
Total for Vendor 4856 (Michael Gregorio): 489.00
ACH 4899 Sheldon Sherman
SS03232025 Comm Vehicle Enf-Sacramento/Mar 23-28 2025 489.00 Total for this ACH Check for Vendor 4899: 489.00
Total for Vendor 4899 (Sheldon Sherman): 489.00
ACH 4901 Catarina Taylor
001382 Swr/Patch Sidewalk 450.00
Total for this ACH Check for Vendor 490 l: 450.00
Total for Vendor 4901 (Catarina Taylor): 450.00
ACH LP-Bedf Terry P. Bedford
LP Refund 82.50
AP Checks by Date - Detail by Vendor Number (3/5/2025 1 :42 PM) Page 9 Check No Vendor No
Invoice No
Vendor Nam€
Description
Check Date
Reference
Check Amount
ACH LP-Lope Juan M Lopez
LP RefiDd
Total for this ACH Check for Vendor LP-Bedf:
Total for Vendor LP-Bedf (Terry P. BedforQ:
Total for this ACH Check for Vendor LP-Lope:
Total for Vendor LP-Lope (Juan M Lopez):
Report Total (54 cbecks): 453,616.43
AP Checks by Date - Detail by V€ndor Number (3/5/2U5 It42 PM) Page l0
CITY OF TEHACHAPI
INVESTMENT REPORT
February 28, 2025
PURCHASE MATURITY ACCOUNT/ STATED PAR PURCHASE MARKET YIELD TO
DATE DATE CUSIP INSTITUTION RATE AMOUNT AMOUNT VALUE MATURITY U.S. TREASURY SECURITIES
04-06-22 03-31-25 9128284F4 US Treasury Note 2.63 250,000.00 250,000.00 249,667.50 2.63 04-11-24 03-31-29 91282CKG5 US Treasury Note 4.13 500,000.00 496,778.00 502,190.00 4.27 TOTAL U.S. TREASURY SECURITIES $ 750,000.00 $ 746,778.00 $ 751,857.50
GOVERNMENT AGENCY ISSUES
07-14-22 c 07-14-25 3134GXZT4 Federal Home Loan Mortgage Corp 4.00 500,000.00 500,000.00 499,205.00 4.00 04-28-22 c 04-28-26 3130ARN64 Federal Home Loan Bank 3.13 250,000.00 250,000.00 247,080.00 3.13 08-10-22 08-03-26 3133END80 Federal Farm Credit Bank 3.00 500,000.00 501,864.50 492,105.00 2.90 04-06-22 04-05-27 3133ENTS9 Federal Farm Credit Bank 2.60 250,000.00 249,070.25 242,842.50 2.68 04-28-22 c 04-28-27 3130ARMP3 Federal Home Loan Bank 3.23 250,000.00 250,000.00 245,115.00 3.23 04-25-24 04-10-29 3133ERAK7 Federal Farm Credit Bank 4.38 500,000.00 495,053.00 505,765.00 4.60 08-07-24 c 04-18-29 3133ENUR9 Federal Farm Credit Bank 3.70 500,000.00 491,615.50 487,555.00 4.10 01-08-25 12-17-29 3133ERL41 Federal Farm Credit Bank 4.13 500,000.00 495,581.50 501,760.00 4.33 c = callable
TOTAL GOVERNMENT AGENCY ISSUES $ 3,250,000.00 $3,233,184.75 $3,221,427.50
CERTIFICATES OF DEPOSIT
04-07-22 04-07-25 02589AC34 American Express National Bank 2.55 246,000.00 246,000.00 245,537.52 2.55 04-08-22 04-08-25 87165HM98 Synchrony Bank 2.55 246,000.00 246,000.00 245,490.78 2.55 04-13-22 04-14-25 38149M4S9 Goldman Sachs Bank 2.55 246,000.00 246,000.00 245,451.42 2.55 12-23-22 06-23-25 920133AK1 Valley Strong Credit Union 4.80 249,000.00 249,000.00 249,415.83 4.80 08-10-22 08-11-25 795451CB7 Sallie Mae Bank 3.35 245,000.00 245,000.00 243,902.40 3.35 08-17-22 08-13-25 07371DEU7 Beal Bank USA 3.20 246,000.00 246,000.00 244,720.80 3.20 10-04-23 10-02-25 59013KXB7 Merrick Bank 5.30 248,000.00 248,000.00 249,480.56 5.30 12-29-22 12-29-25 31850LAE9 First American State Bank 4.30 249,000.00 249,000.00 249,047.31 4.30 01-06-23 01-06-26 20416TAX0 Communitywide Federal Credit Union 4.70 249,000.00 249,000.00 249,946.20 4.70 04-13-22 04-13-26 14042TFH5 Capital One Bank 2.65 246,000.00 246,000.00 241,640.88 2.65 10-17-23 10-16-26 16141BAS0 Chartway Federal Credit Union 5.40 248,000.00 248,000.00 252,523.52 5.40 12-21-22 12-21-26 01664MAA4 All In Federal Credit Union 4.45 249,000.00 249,000.00 249,911.34 4.45 12-21-22 12-21-26 25844MAL2 Dort Financial Credit Union 4.40 247,000.00 247,000.00 247,674.31 4.40 12-22-23 12-22-26 77357DAD0 Rockland Federal Credit Union 4.60 249,000.00 249,000.00 250,563.72 4.60 08-10-22 08-10-27 14042RTN1 Capital One NA 3.40 245,000.00 245,000.00 242,986.10 3.40 10-06-23 10-06-27 75102EAV0 Raiz Federal Credit Union 5.10 248,000.00 248,000.00 253,138.56 5.10 12-21-22 12-21-27 51828MAC8 Latino Community Credit Union 4.50 249,000.00 249,000.00 250,546.29 4.50 12-29-22 12-29-27 45157PAZ3 Ideal Credit Union 4.50 249,000.00 249,000.00 250,576.17 4.50 12-30-22 12-30-27 01882MAA0 Alliant Credit Union 4.85 249,000.00 249,000.00 252,814.68 4.85 02-23-24 02-23-28 01025RAL3 Alabama Credit Untion 4.15 249,000.00 249,000.00 248,155.89 4.15 08-22-24 08-22-28 07181JBH6 Baxter Credit Union 4.35 249,000.00 249,000.00 249,659.85 4.35 10-19-23 10-19-28 39573LEP9 Greenstate Credit Union 5.15 248,000.00 248,000.00 255,392.88 5.15 10-30-23 10-30-28 91739JAD7 Utah First Credit Union 5.10 248,000.00 248,000.00 254,971.28 5.10 11-01-23 10-30-28 254676BG3 Discover Bank 5.05 243,000.00 243,000.00 249,410.34 5.05 01-18-24 01-18-29 78413RAM9 SCE Credit Union 3.90 249,000.00 249,000.00 245,753.04 3.90 02-21-24 02-21-29 90355GLC8 UBS Bank 4.20 249,000.00 249,000.00 248,419.83 4.20 08-08-24 08-08-29 23204HPX0 Customers Bank 4.10 244,000.00 244,000.00 242,304.20 4.10 08-08-24 08-08-29 89235MPX3 Toyota Financial Savings Bank 4.15 244,000.00 244,000.00 242,792.20 4.15 TOTAL CERTIFICATES OF DEPOSIT $6,926,000.00 $6,926,000.00 $6,952,227.90
STATE OF CALIFORNIA LOCAL AGENCY INVESTMENT FUND
n/a n/a 98-15-914 State of California LAIF 4.33 166,905.19 $166,905.19 166,905.19 4.33 TOTAL LAIF ACCOUNTS $ 166,905.19 $166,905.19 166,905.19
CALIFORNIA ASSET MANAGEMENT PROGRAM
n/a n/a 6128-001 CAMP Investment Pool 4.51 11,093,390.59 $11,093,390.59 11,093,390.59 4.51 TOTAL CAMP ACCOUNTS $ 11,093,390.59 $11,093,390.59 11,093,390.59
JOINT POWERS AUTHORITY POOL
CHANDLER ASSET MANAGEMENT
n/a n/a 99CAMBX$1 CSJVRMA Investment Pool $2,447,631.76 $2,447,631.76 2,418,448.80 TOTAL MUTUAL FUNDS $ 2,447,631.76 $2,447,631.76 2,418,448.80 SUBTOTAL OF ALL POOLED INVESTMENTS $ 24,633,927.54 $ 24,613,890.29 $ 24,604,257.48
INVESTMENTS
1 CITY OF TEHACHAPI
INVESTMENT REPORT
February 28, 2025
BANK
STATEMENT
ACCOUNT NAME INSTITUTION BALANCE
CITY OF TEHACHAPI BANK ACCOUNTS
General Checking Bank of the Sierra 260,665.46
Police Department Bank of the Sierra 11,566.62
Water Deposit Trust Bank of the Sierra 135,391.50
Flexible Spending Account Bank of the Sierra 3,947.15
Airport Credit Card Sales Bank of the Sierra 16,218.28
Ashtown Water Escrow Bank of the West 114,001.53
TOTAL CITY OF TEHACHAPI BANK ACCOUNTS $ 541,790.54
PURCHASE MATURITY ACCOUNT INTEREST MARKET YIELD TO
DATE DATE FUND NUMBER RATE COST VALUE MATURITY
BOND PROCEEDS
$ - $ -
PURCHASE MATURITY ACCOUNT INTEREST MARKET YIELD TO
DATE DATE FUND NUMBER RATE COST VALUE MATURITY
BOND PROCEEDS
TEHACHAPI 2017 TAX ALLOCATION BONDS
Fiscal Agent: Bank of New York Mellon
n/a n/a 17AB TABS DEBT SERVICE 993546 3.99 1,143.98 1,143.98 3.99 n/a n/a 17AB TABS INTEREST 993547 3.99 58.71 58.71 3.99 n/a n/a 17A TABS RESERVE 993695 3.99 200,846.23 200,846.23 3.99 n/a n/a 17B TABS RESERVE 993734 3.99 205,507.34 205,507.34 3.99 TOTAL TEHACHAPI 2017 TAX ALLOCATION BONDS $407,556.26 $407,556.26 Cash in Bank Accounts $ 541,790.54
Pooled Cash Investments $ 24,604,257.48
City Fiscal Agent Cash $ -
Subtotal $ 25,146,048.02
Successor Agency Fiscal Agent Cash $ 407,556.26
Grand total $ 25,553,604.28 *
Investment Policy Statement
All investments are in full compliance with the City of Tehachapi Investment Policy. The City of Tehachapi will meet its expenditure obligations for the next six months.
The market values presented for pooled City investments are based on closing prices for the related investment as of the date of this report. This information was obtained from Intercontinental Exchange, Bloomberg, Refinitiv, and other reliable sources of market prices.
POOLED CASH BANK ACCOUNTS
CITY FISCAL AGENT CASH
RDA SUCCESSOR AGENCY FISCAL AGENT CASH
SUMMARY OF CASH AND INVESTMENTS
2