Agenda — Arvin City Council, August 23, 2022

REGULAR MEETING AGENDA
OF THE

ARVIN CITY COUNCIL / SUCCESSOR AGENCY TO THE

ARVIN COMMUNITY REDEVELOPMENT AGENCY / ARVIN HOUSING

AUTHORITY / ARVIN PUBLIC FINANCING AUTHORITY
TUESDAY AUGUST 23, 2022 6:00p.m.

CITY HALL COUNCIL CHAMBERS
200 CAMPUS DRIVE, ARVIN
CALL TO ORDER Mayor Olivia Trujillo

PLEDGE OF ALLEGIANCE

INVOCATION
*******************************************
ROLL CALL Olivia Trujillo Mayor
Daniel Borreli Mayor Pro Tem
Mark S. Franetovich Councilmember
Donny Horton Councilmember
Susana Reyes Councilmember
******************************************
STAFF Jeff Jones City Manager / Finance Director
Nathan Hodges City Attorney – Hodges Law Group
Edwin Brock Chief of Police
Cecilia Vela City Clerk
I pledge allegiance to the flag of the United States of America and to the Republic for which it stands, one nation, under God, indivisible, with liberty and justice for all.

PUBLIC COMMENTS:

The meetings of the City Council and all municipal entities, commissions, and boards (“the City”) are open to the public. At regularly scheduled meetings, members of the public may address the City on any item listed on the agenda, or on any non-listed matter over which the City has jurisdiction. At special or emergency meetings, members of the public may only address the City on items listed on the agenda. The City may request speakers to designate a spokesperson to provide public input on behalf of a group, based on the number of people requesting to speak and the business of the City.

In accordance with the Brown Act, all matters to be acted on by the City must be posted at least 72 hours prior to the City meeting. In cases of an emergency, or when a subject matter needs immediate action or comes to the attention of the City subsequent to the agenda being posted, upon making certain findings, the City may act on an item that was not on the posted agenda.

AGENDA STAFF REPORTS AND HANDOUTS:

Staff reports and other disclosable public records related to open session agenda items are available at City Hall, 200 Campus Drive, Arvin, CA 93203 during regular business hours.

CONDUCT IN THE CITY COUNCIL CHAMBERS:

Rules of Decorum for the Public
Members of the audience shall not engage in disorderly or boisterous conduct, including the utterance of loud, threatening or abusive language, clapping, whistling, stamping of feet or other acts which disturb, disrupt, impede or otherwise render the orderly conduct of the City meeting infeasible. A member of the audience engaging in any such conduct shall, at the discretion of the presiding officer or a majority of the City, be subject to ejection from the meeting per Gov. Code Sect. 54954.3(c).

Removal from the Council Chambers
Any person who commits the following acts in respect to a meeting of the City shall be removed from the Council Chambers per Gov. Code Sect. 54954.3(c).
(a) Disorderly, contemptuous or insolent behavior toward the City or any member thereof, tending to interrupt the due and orderly course of said meeting; (b) A breach of the peace, boisterous conduct or violent disturbance, tending to interrupt the due and orderly course of said meeting;
(c) Disobedience of any lawful order of the Mayor, which shall include an order to be seated or to refrain from addressing the City; and
(d) Any other unlawful interference with the due and orderly course of said meeting.

AMERICANS with DISABILITIES ACT:

In compliance with the ADA, if you need special assistance to participate in a City meeting or other services offered by the City, please contact the City Clerk’s office, (661) 854-3134. Notification of at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service.

Arvin City Council Meeting Agenda – August 23, 2022

Page 1 of 2 ends

1. APPROVAL OF AGENDA AS TO FORM.

Motion __________ Second __________ Vote __________
Roll Call: CM Reyes ___ CM Horton ___ CM Franetovich ___ MPT Borreli ___ Mayor Trujillo ___

3. CONSENT AGENDA ITEM(S)
A. Approval of Demand Register(s) of August 06, 2022 – August 19, 2022.

B. Approval of Payroll Register(s) of August 05, 2022 and August 19, 2022.

C. Approval of the Minutes of the Regular Meeting of August 09, 2022.

D. Approval of Assistant City Manager / Community Development Director Employment Agreement.

E. Approval of Lease Agreement with the Arts Council of Kern County for Use of A Portion of the Facility Located at the Arvin Community Center Upon Receipt of the Required Documentation, Insurance and Security Deposit from Tenant; and Setting the Annual Base Rent to One Dollar ($1.00) in Accordance with the City of Arvin’s Policy Guidelines for Leasing City Property; and Authorizing the City Manager to Execute Said Lease Agreement.

Staff recommends approval of the Consent Agenda.

Motion __________ Second __________ Vote __________
Roll Call: CM Reyes ___ CM Horton ___ CM Franetovich ___ MPT Borreli ___ Mayor Trujillo ___

4. ACTION ITEM(S)
A. Discussion and Action on Measures to Mitigate the Impacts of the COVID-19 (Coronavirus) Pandemic. (City Manager)
Staff recommends to discuss and take action as appropriate.

Motion __________ Second __________ Vote __________
Roll Call: CM Reyes ___ CM Horton ___ CM Franetovich ___ MPT Borreli ___ Mayor Trujillo ___ Arvin City Council Meeting Agenda – August 23, 2022

Page 2 of 2 ends

5. STAFF REPORTS

6. COUNCIL MEMBER COMMENTS

7. CLOSED SESSION ITEM(S)
A. Threats to Public Services or Facilities (Pursuant to Government Code, § 54957(a).)
Consultation with: City Attorney and/or City Emergency or Critical Function Personnel.

B. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2) and (3): (eight potential cases)
C. Conference with Legal Counsel: Liability Claims (Pursuant to Cal. Govt. Code § 54956.95)
Claimant: Arthur J. Granillo - AIMs File No. FR100520; RMA Claim No. 20858.

Against: City of Arvin

8. ADJOURNMENT
I hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the Arvin City Council Chambers Bulletin Board not less than 72 hours prior to the meeting. Dated August 19, 2022.

Cecilia Vela, City Clerk
8/9/2022 5:33:32 PM Page 1 of 4
Payment Register
City of Arvin APPKT00180 - AP for 08/09/22
01 - Vendor Set 01
Bank: Main Pool Ck - Main Checking - BOA
1015
Vendor Number

AT&T MOBILITY
Total Vendor Amount
386.38
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 08/09/2022 386.38
Payable Number Description Payable Amount Payable Date Discount Amount Due Date 287251442687X072822022 PW + COMM DEV + CH CELL PHONES 6/23 -7/22/2022 386.38 07/22/2022 0.00 07/22/2022 1298
Vendor Number

CREATIVE FINANCIAL STAFFING
Total Vendor Amount
2,361.54
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 08/09/2022 2,361.54
Payable Number Description Payable Amount Payable Date Discount Amount Due Date 122300207 CRISTINA DURAN WEEK ENDING 7/31/2022 1,283.50 07/31/2022 0.00 07/31/2022 122300208 ELENA A CHAVEZ VELOZ WEEK ENDING 7/31/2022 1,078.04 07/31/2022 0.00 07/31/2022 1310
Vendor Number

ERIC REYES GUERRA
Total Vendor Amount
440.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 08/09/2022 440.00
Payable Number Description Payable Amount Payable Date Discount Amount Due Date INV0087 ARVIN PD FLEET WASH 8/3/2022 440.00 08/03/2022 0.00 08/03/2022 1062
Vendor Number
FEDEX
Total Vendor Amount
130.08
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 08/09/2022 130.08
Payable Number Description Payable Amount Payable Date Discount Amount Due Date 7-835-29256 SHIPPING SVCS 7/29/2022 130.08 07/29/2022 0.00 07/29/2022 1065
Vendor Number

GALLS, LLC
Total Vendor Amount

37.64 Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 08/09/2022 37.64
Payable Number Description Payable Amount Payable Date Discount Amount Due Date 021650727 7911 COVERED COMPACT ACCUMOLD ELITE 37.64 07/15/2022 0.00 07/15/2022 1448
Vendor Number

LUIS TAMAYO
Total Vendor Amount
900.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 08/09/2022 900.00
Payable Number Description Payable Amount Payable Date Discount Amount Due Date CR#37444 REFUND REIMBURSEMENT FEE , CANCELLATION OF EVENT 9/17/2207/28/2022 0.00 07/28/2022 900.00 1102
Vendor Number

MOUNTAINSIDE DISPOSAL
Total Vendor Amount
214.18
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 08/09/2022 214.18
Payable Number Description Payable Amount Payable Date Discount Amount Due Date 672614 LANDFILL AND COMPOST FEE 8/1/2022 214.18 08/01/2022 0.00 08/01/2022

NATHAN M HODGES
Total Vendor Amount
16,434.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 08/09/2022 16,434.00
Payable Number Description Payable Amount Payable Date Discount Amount Due Date 436 LEGAL FEES JULY 2022 16,434.00 08/01/2022 0.00 08/01/2022 1447
Vendor Number
ON DEMAND AUTO PARTS INC.

Total Vendor Amount
50,289.53
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 08/09/2022 50,289.53
Payable Number Description Payable Amount Payable Date Discount Amount Due Date 5231-654984 MOBILE COLUMN 50,289.53 07/12/2022 0.00 07/12/2022 1110
Vendor Number

PACIFIC TIRE ARVIN
Total Vendor Amount

22.00 Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 08/09/2022 22.00
Payable Number Description Payable Amount Payable Date Discount Amount Due Date 30987 PATCH REPAIR #263 22.00 07/07/2022 0.00 07/07/2022 1108
Vendor Number
PG & E
Total Vendor Amount
5,754.48
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 08/09/2022 5,754.48
Payable Number Description Payable Amount Payable Date Discount Amount Due Date 5299823039-6 6/23/22-7/24/22BUS EV CHARGING 6/23/2022-7/24/2022 4,315.52 07/25/2022 0.00 07/25/2022 6043695638-1 6/23/22-7/24/22SERVICE FOR 6/23/22-7/24/22 10.51 07/25/2022 0.00 07/25/2022 7317315093-6 06.23.22 TO 07.24.22 SERVICE FOR 06.23.22 TO 07.24.22 58.87 07/25/2022 0.00 07/25/2022 7368140966-7 06.23.22 TO 07.24.22 SERVICE FOR 06.23.22 TO 07.24.22 1,171.00 07/25/2022 0.00 07/25/2022 9132070691-3 6/23/22-7/24/22SERVICE FOR 6/23/2022 -7/24/2022 EV 172.30 07/25/2022 0.00 07/25/2022 9307046200-2 06.23.22 TO 07.24.22 SERVICE FOR 06.23.22 TO 07.24.22 26.28 07/25/2022 0.00 07/25/2022 1346
Vendor Number

QUAD KNOPF INC
Total Vendor Amount
18,244.70
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 08/09/2022 18,244.70
Payable Number Description Payable Amount Payable Date Discount Amount Due Date 114380 ON CALL PROFESSIONAL SERVICES 5/1-6-30-22 18,244.70 07/07/2022 0.00 07/07/2022 1131
Vendor Number

TEL-TEC SECURITY SYSTEMS
Total Vendor Amount

55.00 Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 08/09/2022 55.00
Payable Number Description Payable Amount Payable Date Discount Amount Due Date 784904 ARVIN ADOBE COMPLEX FIRE MONITORING 8/1/22-8/31/2208/01/2022 0.00 08/01/2022 55.00

3.A.1
Attachment: Demand Register(s) of August 06, 2022 - August 19, 2022 (Demand Register(s) of August 06, 2022 - August 19, 2022.) Payment Register APPKT00180 - AP for 08/09/22
8/9/2022 5:33:32 PM Page 3 of 4
Payment Summary
Type
Payment
Count Discount Payment
Payable
Bank Code Count
Main Pool Ck Check 95,269.53 19 13 0.00
Packet Totals: 19 13 0.00 95,269.53

3.A.1
Attachment: Demand Register(s) of August 06, 2022 - August 19, 2022 (Demand Register(s) of August 06, 2022 - August 19, 2022.) Payment Register APPKT00180 - AP for 08/09/22
8/9/2022 5:33:32 PM Page 4 of 4
Cash Fund Summary
Fund Amount Name
90 Main Pooled Cash Fund -95,269.53
Packet Totals: -95,269.53

3.A.1
Attachment: Demand Register(s) of August 06, 2022 - August 19, 2022 (Demand Register(s) of August 06, 2022 - August 19, 2022.) 8/16/2022 2:27:17 PM Page 1 of 6
Payment Register
City of Arvin APPKT00183 - AP FOR 8/16/2022
01 - Vendor Set 01
Bank: Main Pool Ck - Main Checking - BOA
1450
Vendor Number

ALL AMERICAN GLASS
Total Vendor Amount

75.00 Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 08/16/2022 75.00
Payable Number Description Payable Date Discount Amount Due Date Payable Amount CR #37745 OVERPAYMENT OF $75 RECEIVED FOR 2022 BUSINESS LI 75.00 08/10/2022 0.00 08/10/2022 1002
Vendor Number

ARVIN COMMUNITY SERVICES DISTRICT
Total Vendor Amount
19,648.85
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 08/16/2022 19,648.85
Payable Number Description Payable Date Discount Amount Due Date Payable Amount 01-705 WATER SERVICES 6-22-22 -7-21-22 07/15/2022 0.00 07/15/2022 19,648.85 1224
Vendor Number

CHRISTINE VITERELLI
Total Vendor Amount
283.73
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 08/16/2022 283.73
Payable Number Description Payable Date Discount Amount Due Date Payable Amount APPRECIATION LUNCH 8/8/2 FOOD FOR CIVIC SPARK APPRECIATION LUNCH 8/8/22 283.73 08/10/2022 0.00 08/10/2022 1204
Vendor Number

COMPLETE HARDWARE STORE AND MORE
Total Vendor Amount

86.08 Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 08/16/2022 86.08
Payable Number Description Payable Date Discount Amount Due Date Payable Amount 445677 FOR CITY YARD PARKS 07/19/2022 0.00 07/19/2022 6.48 445970 FOR PARKS 445970 JULY 22,2022 07/22/2022 0.00 07/22/2022 3.22 446553 BOLTS AND NUTS FOR JOHN DAARE MOWER 15.78 07/27/2022 0.00 07/27/2022 446684 CHEMICAL TO CLEAN HOSE LINES FOR STREET 60.60 07/28/2022 0.00 07/28/2022 1298
Vendor Number

CREATIVE FINANCIAL STAFFING
Total Vendor Amount
2,789.16
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 08/16/2022 2,789.16
Payable Number Description Payable Date Discount Amount Due Date Payable Amount 122310209 ELENA A CHAVEZ VELOZ WEEK ENDING 8/7/2022 1,354.36 08/07/2022 0.00 08/07/2022 122311055 C.DURAN WEEK ENDING 7/24/2022 08/07/2022 0.00 08/07/2022 1,434.80 1193
Vendor Number

DIAMOND TECHNOLOGIES INC
Total Vendor Amount
4,925.02
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 08/16/2022 4,925.02
Payable Number Description Payable Date Discount Amount Due Date Payable Amount 32195255 DELL PWREDGE SERV LIC & EQUIP- WRKSTNS 8/8/2022 4,925.02 08/08/2022 0.00 08/08/2022 1310
Vendor Number

ERIC REYES GUERRA
Total Vendor Amount
310.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 08/16/2022 310.00
Payable Number Description Payable Date Discount Amount Due Date Payable Amount INV0089 BUS WASH AND BUMPER SHINE 8/10/2022 310.00 08/10/2022 0.00 08/10/2022

FERNANDO LOPEZ
Total Vendor Amount
320.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 08/16/2022 320.00
Payable Number Description Payable Date Discount Amount Due Date Payable Amount

08.09.22 INTERPRETER SERVICES 08.09.22 & 06.28.22 320.00 08/09/2022 0.00 08/09/2022 1070
Vendor Number

GENERAL OFFICE
Total Vendor Amount
216.59
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 08/16/2022 216.59
Payable Number Description Payable Date Discount Amount Due Date Payable Amount 19310 METER READING APD & COMM 8/4/2022 08/04/2022 0.00 08/04/2022 216.59 1451
Vendor Number
JOHN KOVACEICH JR.

Total Vendor Amount
1,000.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 08/16/2022 1,000.00
Payable Number Description Payable Date Discount Amount Due Date Payable Amount RESOULTION NO. 2017-53 PAYMENT OF 1,000 TRANSER OF 0.78 ACRE LAND 1,000.00 08/16/2022 0.00 08/16/2022 1249
Vendor Number

JOSE GARCIA JR
Total Vendor Amount
600.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 08/16/2022 600.00
Payable Number Description Payable Date Discount Amount Due Date Payable Amount 115 NEW DRIVER TRAINING 08/06/2022 08/06/2022 0.00 08/06/2022 300.00 120 NEW DRIVER TRAINING 8/5/2022 08/05/2022 0.00 08/05/2022 300.00 1164
Vendor Number

KERN MACHINERY
Total Vendor Amount
7,086.55
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 08/16/2022 7,086.55
Payable Number Description Payable Date Discount Amount Due Date Payable Amount 101-972345 RIDING MOWER JOHN DEERE X380 07/12/2022 0.00 07/12/2022 7,086.55 1408
Vendor Number

KOSMONT REAL ESTATE SERVICES
Total Vendor Amount
4,732.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 08/16/2022 4,732.00
Payable Number Description Payable Date Discount Amount Due Date Payable Amount 2204.3-003 ARVIN RE ADVISORY & BROKERAGE FOR JUNE 2022 4,732.00 06/30/2022 0.00 06/30/2022 1332
Vendor Number

MADLAND TOYOTA LIFT INC
Total Vendor Amount
1,044.93
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 08/16/2022 1,044.93
Payable Number Description Payable Date Discount Amount Due Date Payable Amount 64130643 FRONT BRAKES/ MOUNTING CALIPERS &SUN VISOR UNIT 07/22/2022 0.00 07/22/2022 1,044.93 1184
Vendor Number

OREILLY AUTOMOTIVE INC
Total Vendor Amount
186.20
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 08/16/2022 186.20
Payable Number Description Payable Date Discount Amount Due Date Payable Amount 4451-229006 A/C PRO R134A ULTRA SYNTHETIC 6/29/2022 69.53 07/29/2022 0.00 07/29/2022 4451-233408 GREASE FOR FUEL PUMP 07/22/2022 0.00 07/22/2022 12.97 4451-234313 MATERIAL FOR SHOP 07/26/2022 0.00 07/26/2022 51.78 4451-234386 TRANSMISSION FLUID FOR FLEET 07/26/2022 0.00 07/26/2022 38.94 4451-234766 MATERIAL TO CHALK LINE 07/28/2022 0.00 07/28/2022 12.98

PEDRO GOMEZ JR
Total Vendor Amount
920.13
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 08/16/2022 920.13
Payable Number Description Payable Date Discount Amount Due Date Payable Amount 1017 HOTBOX MATERIAL & FABRICATION REPAIR 920.13 07/21/2022 0.00 07/21/2022 1108
Vendor Number
PG & E
Total Vendor Amount
366.55
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 08/16/2022 366.55
Payable Number Description Payable Date Discount Amount Due Date Payable Amount 8440977428-2 SERVICES FOR 07.01.22-08.01.22 08/01/2022 0.00 08/01/2022 366.55 1449
Vendor Number

PRECISION CIVIL ENGINEERING (PCE)
Total Vendor Amount
7,222.50
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 08/16/2022 7,222.50
Payable Number Description Payable Date Discount Amount Due Date Payable Amount 26863 HCD PLANNING GRANT 19-PGP-14265 07/27/2022 0.00 07/27/2022 7,222.50 1163
Vendor Number

PRO AIR
Total Vendor Amount
446.83
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 08/16/2022 446.83
Payable Number Description Payable Date Discount Amount Due Date Payable Amount 19130 REPLACED PUMP ON MINI SPLIT 07/19/2022 0.00 07/19/2022 446.83 1200
Vendor Number

SELF HELP ENTERPRISES
Total Vendor Amount
5,900.08
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 08/16/2022 5,900.08
Payable Number Description Payable Date Discount Amount Due Date Payable Amount 18 CDBG-CV1 UTILITY ASSISTANCE 06-1-22 - 06-30-22 5,548.66 07/15/2022 0.00 07/15/2022 8 CDBG CV2 ADMIN SERVICES 06-01-22 - 06-30-22 351.42 07/18/2022 0.00 07/18/2022 1123
Vendor Number

SO CAL GAS CO
Total Vendor Amount
151.21
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 08/16/2022 151.21
Payable Number Description Payable Date Discount Amount Due Date Payable Amount SERVICES 06.27.22-07.27.22 SERVICES 06.27.22-07.27.22 07/29/2022 0.00 07/29/2022 151.21 1033
Vendor Number

SPECTRUM BUSINESS
Total Vendor Amount
398.27
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 08/16/2022 398.27
Payable Number Description Payable Date Discount Amount Due Date Payable Amount 064070101080222 SERVICE 08.01.22- 08.31.22 08/02/2022 0.00 08/02/2022 289.28 069794801073022 PUBLIC WORKS SVC FROM 7/29/22-8/28/2022 108.99 07/30/2022 0.00 07/30/2022 1140
Vendor Number
VERIZON WIRELESS 609123961 5
Total Vendor Amount
814.50
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 08/16/2022 814.50
Payable Number Description Payable Date Discount Amount Due Date Payable Amount 9912019296 APD SERVICES JUNE 26 - JULY 25 2022 07/25/2022 0.00 07/25/2022 814.50

3.A.1
Attachment: Demand Register(s) of August 06, 2022 - August 19, 2022 (Demand Register(s) of August 06, 2022 - August 19, 2022.) Payment Register APPKT00183 - AP FOR 8/16/2022
8/16/2022 2:27:17 PM Page 4 of 6
1139
Vendor Number
VERIZON WIRELESS 609123961 6
Total Vendor Amount
798.33
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 08/16/2022 798.33
Payable Number Description Payable Date Discount Amount Due Date Payable Amount 9912019297 ARVIN PD JUNE 26 - JULY 25 2022 07/25/2022 0.00 07/25/2022 798.33 1186
Vendor Number
VERIZON WIRELESS 642023305 2
Total Vendor Amount
576.44
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 08/16/2022 576.44
Payable Number Description Payable Date Discount Amount Due Date Payable Amount 9912228925 TRANSIT SVCS FROM JUNE 29 -JULY 28 2022 576.44 07/28/2022 0.00 07/28/2022 1142
Vendor Number

WELLS FARGO LEASE PMTS
Total Vendor Amount
110.88
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 08/16/2022 110.88
Payable Number Description Payable Date Discount Amount Due Date Payable Amount 5021144368 COMM DEV LEASE 7/21/22-8/20/222 07/26/2022 0.00 07/26/2022 110.88

3.A.1
Attachment: Demand Register(s) of August 06, 2022 - August 19, 2022 (Demand Register(s) of August 06, 2022 - August 19, 2022.) Pa
yment Register APPKT00183 - AP FOR 8/16/2022
8/16/2022 2:27:17 PM Page 5 of 6
Payment Summary
Type
Payment
Count Discount Payment
Payable
Bank Code Count
Main Pool Ck Check 37 26 0.00 61,009.83
Packet Totals: 37 26 0.00 61,009.83

3.A.1
Attachment: Demand Register(s) of August 06, 2022 - August 19, 2022 (Demand Register(s) of August 06, 2022 - August 19, 2022.)

3.B.1
Attachment: Payroll Registers of August 05, 2022 and August 19, 2022 (Payroll Register(s) of August 05, 2022 and August 19, 2022.)

3.B.1
Attachment: Payroll Registers of August 05, 2022 and August 19, 2022 (Payroll Register(s) of August 05, 2022 and August 19, 2022.) Arvin City Council Meeting Agenda – August 09, 2022

Page 1 of 4 ends

REGULAR MEETING MINUTES

ARVIN CITY COUNCIL / SUCCESSOR AGENCY TO THE

ARVIN COMMUNITY REDEVELOPMENT AGENCY / ARVIN HOUSING

AUTHORITY / ARVIN PUBLIC FINANCING AUTHORITY
AUGUST 09, 2022
CALL TO ORDER @ 6:00PM

PLEDGE OF ALLEGIANCE

INVOCATION
ROLL CALL: CM Franetovich absent; All others present.

1. APPROVAL OF AGENDA AS TO FORM.

Motion to approve the Agenda with the following change:
- Move Discussion Item 6A to be considered and discussed after Item 2, Public Comments.

Motion CM Horton Second MPT Borreli Vote 4-0

2. PUBLIC COMMENTS
(This is the opportunity for the public to address the City Council on any matter on the agenda or any item of interest to the public that is within the subject matter jurisdiction of the City Council.)
NONE
DISCUSSION ITEM 6A WAS CONSIDERED AFTER ITEM 2, PUBLIC COMMENTS. 6A. Discussion Regarding Use of Main Recreation Area at the Arvin Community Center by Arts Council of Kern for Arts, Crafts, and Projects Program for Arvin Seniors. (City Manager)

3. CONSENT AGENDA ITEM(S)
A. Approval of Demand Register(s) of June 11, 2022 – August 05, 2022.

B. Approval of Payroll Register(s) of July 08, 2022 and July 22, 2022.

C. Approval of the Minutes of the Regular Meeting of June 28, 2022.

D. Approval of Assistant City Manager / Community Development Director Employment Agreement.

3.C.1
Attachment: Mintues of the Regular Arvin City Council Meeting of August 09, 2022 (Minutes of the Regular Meeting of August 09, 2022.) Arvin City Council Meeting Agenda – August 09, 2022

Page 2 of 4 ends

E. Approval of the Permit Technician Position, Job Description and Corresponding Salary Schedule.

F. Approval of A Resolution of the City Council of the City of Arvin Approving the Project List for Fiscal Year 2022-2023 for the California State of Good Repair Program; and Authorizing Related Actions.

Resolution No. 2022-47
G. Approval to Dispense with the Public Bidding Requirement Based on the Competitive Procurement Process of the HGACBuy Interlocal Contract for Cooperative Purchasing; and Authorize the City Manager to Approve the Purchase of 911 Police Dispatch Console Workstations for the Arvin Police Department from Russ Bassett Corporation for the amount of $51,630.15, Allowing the Police Department to Modernize the 911 Communications Center.

H. Approval of A Resolution of the City Council of the City of Arvin Authorizing Retroactive Approval the Purchase of A Patented Mahle Wireless Mobile Column Lift System for the Arvin Transit Department from On Demand Auto Parts Inc. / Napa Auto Parts in the amount of $50,289.53.

Resolution No. 2022-48
I. Approval to Authorize the City Manager to Execute the Task Order between Veolia and the City of Arvin for the amount of $150,000 from the FY 2022- 2023 Sanitation Budget for the Return Activated Sludge (RAS) and Waste Activated Sludge (WAS) Upgrade Project to the Arvin Wastewater Treatment Plant; and Authorize Veolia to Proceed with the Project and to Act on Behalf of the City of Arvin as Necessary to Complete the Project.

J. Approval of New Badge, Patch and Field Training Officers Stripe Design to be Worn on Police Department Uniforms.

Staff recommends approval of the Consent Agenda.

Motion to pull Consent Agenda Items 3D and 3E for discussion.

Motion CM Horton Second Mayor Trujillo Vote 4-0
Motion to approve Consent Agenda Items 3A, 3B, 3C, 3F, 3G, 3H, 3I, and 3J.

Motion MPT Borreli Second CM Reyes Vote 4-0
Consent Agenda Item 3D was pulled for discussion. Item died due to lack of a motion. No motion and no action taken.

Consent Agenda Item 3E was pulled for discussion. Motion to approve Consent Agenda Item 3E.

Motion CM Horton Second MPT Borreli Vote 4-0

3.C.1
Attachment: Mintues of the Regular Arvin City Council Meeting of August 09, 2022 (Minutes of the Regular Meeting of August 09, 2022.) Arvin City Council Meeting Agenda – August 09, 2022

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4. ACTION ITEM(S)
A. Discussion and Action on Measures to Mitigate the Impacts of the COVID-19 (Coronavirus) Pandemic. (City Manager)
Staff recommends to discuss and take action as appropriate.

No motion and no action taken for above Action Item 4A.

5. SUCCESSOR AGENCY ITEM(S)
A. A Resolution of the Board of Directors of the Successor Agency to the Dissolved Arvin Community Redevelopment Agency Declaring Certain Successor Agency-Owned Real Properties to be Exempt Surplus Land and Certain Other Successor Agency-Owned Properties to be Surplus Land and Directing the Executive Director to Follow the Procedures Set Forth in the Surplus Land Act for the Sale of Such Properties. (Executive Director) Staff recommends approval of the Resolution.

Motion to approve the Resolution.

Motion AM/CM Reyes Second AM/CM Horton Vote 4-0
Resolution No. 2022-49

6. DISUSSION ITEM(S)
A. Discussion Regarding Use of Main Recreation Area at the Arvin Community Center by Arts Council of Kern for Arts, Crafts, and Projects Program for Arvin Seniors. (City Manager)
DISCUSSION ITEM 6A WAS CONSIDERED AFTER ITEM 2, PUBLIC COMMENTS.

7. STAFF REPORTS

8. COUNCIL MEMBER COMMENTS

9. CLOSED SESSION ITEM(S)
A. Threats to Public Services or Facilities (Pursuant to Government Code, § 54957(a).)
Consultation with: City Attorney and/or City Emergency or Critical Function Personnel.

B. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2) and (3): (five potential cases)

3.C.1
Attachment: Mintues of the Regular Arvin City Council Meeting of August 09, 2022 (Minutes of the Regular Meeting of August 09, 2022.) Arvin City Council Meeting Agenda – August 09, 2022

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C. Conference with Legal Counsel: Liability Claims (Pursuant to Cal. Govt. Code § 54956.95)
Claimant: Monica Garcia - AIMs File No. FR100482; RMA Claim No. 20815.

Against: City of Arvin
CLOSED SESSION REPORT BY CITY ATTORNEY:
9A. No reportable action.
9B. No reportable action; Update was provided to the City Council on all potential litigation matters.
9C. The City Council denied the claim.

10. ADJOURNED @ 7:45PM
Respectfully submitted,

Cecilia Vela, City Clerk

3.C.1
Attachment: Mintues of the Regular Arvin City Council Meeting of August 09, 2022 (Minutes of the Regular Meeting of August 09, 2022.)

CITY OF ARVIN
Staff Report
Special Meeting Date: August 23, 2022
TO: Arvin City Council
FROM: Megan Miller, Human Resources Manager
Jeff Jones, City Manager
SUBJECT: Approval of Assistant City Manager/Community Development Director Employment Agreement
BACKGROUND:

The position for the Assistant City Manager/Community Development Director has been a longawaited position within the city. This positions recruitment has been a process for a large portion of the first half of 2022. The council officially approved the position and corresponding salary schedule at the regular council meeting on March 8, 2022.

STAFF RECOMMENDATION:

The City Council approves the two (2) year Employment Agreement for the Assistant City Manager/Community Development Director and all the terms and conditions set forth within.

FINANCIAL IMPACT:
$128,000.00 plus benefits, included in the 2022-2023 FY budget ATTACHMENTS:

EXHIBIT A

1. Assistant City Manager/Community Development Director Employment Agreement

3.D.1
Attachment: staff report acm cdd 082322 (Approval of ACM/CDD Employment Agreement) City of Arvin

ASSISTANT CITY MANAGER/

COMMUNITY DEVELOPMENT

DIRECTOR
DEPARTMENT: CITY HALL/COMMUNITY DEVELOPMENT DEPARTMENT
FLSA STATUS: EXEMPT
UNIT: UNREPRESENTED, DEPARTMENT HEAD
GRADE:

JOB SUMMARY
Under the administrative direction of the City Manager, assumes full management responsibility for assigned functions, services, and activities of the City and directs all activities of the Community Development Department. To include but not limited to, providing policy recommendations to the City Manager, develops new department structures and procedures; manages, plans, organizes, directs, and coordinates all department activities across assigned divisions: Planning, Building Inspection, Code Enforcement, Public Works, as well as a key member of the City Manager’s Economic Development team.

DISTINGUISHING CHARATERISTIC
The Assistant City Manager/Community Development Director is a department head classification with overall responsibility for the activities of the City and Community Development Department. The incumbent is accountable, through subordinate managers and supervisors, for accomplishing all department goals, and for furthering City goals and objectives within general policy guidelines.

SUPERVISION RECEIVED AND EXERCISED
Receives policy direction from the City Manager. The incumbent develops and implements internal department policies and exercises supervision, either directly or through subordinate supervisors, over assigned management, supervisory, professional, technical, and administrative support personnel.

EXAMPLES OF ESSENTIAL FUNCTIONS (Illustrative only)
Assistant City Manager Duties
• Manage the development and implementation of goals, objectives, and priorities for each assigned service area; recommend and administer policies and procedures. • Establish, within City policy, appropriate service, and staffing levels for assigned functions; monitor and evaluate the efficiency and effectiveness of service delivery methods and procedures; allocate resources accordingly. • Assess and monitor workload, administrative and support systems, and internal reporting relationships for assigned areas of responsibility; identify opportunities for improvement; direct and implement changes.

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• Plan, direct, and coordinate, through management level staff, the work plan for assigned functions; assign projects and programmatic areas of responsibility; provide direction and supervision on key projects; review and evaluate work methods and procedures; meet with key staff to identify and resolve problems. • Select, train, motivate, and evaluate assigned personnel; provide or coordinate staff training; work with employees to correct deficiencies; implement discipline and termination procedures.
• Conduct special studies and analyses of regional, local and agency issues for the City Manager; conduct organization and management reviews; formulate recommendations and prepare reports; evaluate programs and prepare studies and analyses. • Participate in the development of City goals, objectives, polices, and priorities; incorporate community input into goals and objectives for the City Manager’s and City Council’s approval; develop new polices in consultation with the City Manager; confer with Department Directors and employees regarding significant policy and procedural changes.
• Coordinate activities of the City Manager’s Office with other City departments and divisions and with outside agencies.
• Coordinate and participate in providing responsible staff assistance to the City Manager, City Council, and other City boards and commissions as assigned; attend City Council meetings and other public meetings to assist or represent the City Manager. • Serve as acting City Manager as required; oversee City operations in the City Manager’s absence; provide assistance to the City Council; respond to requests for policy implementation direction; review draft City Council agendas, conduct agenda meetings, and sign staff reports.
• Supervise the conduct of studies, surveys, and the collection of information on difficult operational and administrative problems; analyze findings and prepare reports of practical solutions for review.
• Represent the City’s interests and positions before legislative and rule-making authorities at all levels of government; recommend policies and procedures. • Review and analyze legislation for impact on the city; work with legislators to develop or influence legislation; recommend revisions to proposed legislation.

Community Development Director Duties
• Oversees the City’s Community Development Department, including directing the Planning, Building Inspection, Code Enforcement, Maintenance & Infrastructure, and Parks and Recreation Divisions.
• As a member of the Economic Development team and under the direction of the City Manager, coordinate and manage economic development projects and activities. • Develop and implement effective affordable housing policies. • Provide staff support to the Planning Commission.
• Provide City Manager with policy recommendations on assigned areas • Develop, plan, and implement department goals and objectives; recommend and administer policies and procedures.

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• Coordinate Department activities with those of other departments and outside agencies and organizations; provide staff assistance to the City Manager and City Council; prepare and present staff reports and other necessary correspondence. • Direct, oversee and participate in the development of the Department's work plan; assign work activities, projects, and programs; monitor workflow; review and evaluate work products, methods, and procedures.
• Develop and implement long and short-term strategic plans in support of department and City-wide goals and objectives.
• Supervises and participates in the development and administration of the department budget; recommends department budget to the City Manager for adoption; directs the forecast of additional funds needed for staffing, equipment, materials, and supplies; monitors and approves expenditures; implements mid-year adjustments. • Directs, manages, and/or conducts planning studies, including analysis, review and presentation of narrative and statistical findings and recommendations. • Monitors, reviews for improvement, and recommends Community and Economic Development policies and activities that exemplify best practices to the City Manager, City Council, and other boards and commissions.
• Communicates the departmental functions, policies, and plans to the Council, boards, commissions, community groups, private parties, and the general public. • Ensures proper administration and enforcement of the City's Municipal Codes including Building, Zoning, Code Enforcement and Housing.
• Manages environmental review of all development projects, including reviews by other agencies, evaluation of environmental impact reports, and preparation of any additional recommendations.
• Working with the Director of Finance, ensures regulatory compliance and management of former redevelopment projects and the disposition of Successor Agency properties, as well as city properties
• Oversees Community Development Block Grant (CDBG) activities and other Grant activities as they relate to the Community Development Department. • Select, train, motivate and evaluate personnel; provide or coordinate staff training; conduct performance evaluations; implement discipline procedures; maintain discipline and high standards necessary for the efficient and professional operation of the Department.
• Represent the Department to outside groups and organizations; participate in outside community and professional groups and committees; provide technical assistance as necessary.
• Research and prepare technical and administrative reports and studies; prepare written correspondence as necessary.
• Responsible for public outreach and engagement as it relates to Community and Economic Development activities and projects.
• Regular and timely attendance.
• Performs other duties, as required.

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MINIMUM QUALIFICATIONS
Sufficient experience and education to demonstrate the knowledge and skills listed and to perform the essential duties is required. A typical way of obtaining the required qualifications is:

Education:

A Bachelor’s degree from an accredited college or university in Business or Public Administration, City or Regional Planning, Urban Planning, or related field.

Experience:

Five (5) years of progressively responsible management or supervisory experience in urban or comprehensive planning, economic and community development within a municipality Knowledge of:
• Federal, State and local laws, codes and regulations relating to personnel administration.
• Principles and practices of risk management.
• Principles and practices of the administration of a comprehensive public personnel program
• Principles and practices of public administration, organization development, and management
• Principles and practices of public administration, management, and organizational theories.
• Principles and practices of leadership, motivation, team building and conflict resolution. • Organizational and management practices as applied to the analysis and evaluation of programs, policies, and operational needs.
• Principles and practices of urban planning, building inspection, code enforcement, and related economic development and community development programs and projects and former redevelopment projects and activities.
• Housing and Urban Development (HUD) regulations relative to CDBG program. • Practices and procedures of CDBG program application and administration. • Social, economic, political, and environmental issues impacting urban planning. • Public relations practices and techniques.
• Research methods; report writing techniques; statistical concepts and methods; principles and techniques of project management.
• Principles and practices of budget preparation and administration. • Techniques for providing a high level of customer service to the public and City staff, in person and over the telephone.

Abilities to:
• Develop implement and apply sound programs, policies, and procedures in accordance with Federal, State and local laws, ordinances and policies. • Analyze data, communicate complete information, develop recommendations, and prepare and present effective written and oral reports.

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• Provide effective employee management, effective leadership, supervision, training, and work evaluation.
• Interpret, apply, and effectively explain laws, rules, regulations and departmental policies.
• Exercise sound and independent judgment, conduct independent analyses and make recommendations on complex, sensitive and controversial issues. • Establish clear goals and objectives in order to create an organization that delivers excellent customer service through ethical leadership standards. • Establish, maintain, and foster cooperative relationships by promoting effective partnerships with department peers, employees, citizens, and others contacted in the course of work.
• Work effectively in time-sensitive situations and coordinate multiple projects and complex tasks simultaneously.
• Communicate effectively orally and in writing and make clear and convincing presentations.
• Develop creative and practical solutions to complex and difficult problems. • Communicate tactfully, sensitively, and effectively with employees and employee representatives.
• Establishing and maintaining working relationships with professional colleagues in other public jurisdictions.
• Provide effective administrative and technical leadership to the Human Resource Department.
• Respond effectively to requests for assistance from other department managers. • Read, understand, and apply established City policies, procedures, practices, and regulations.
• Maintain confidentiality.
• Make rapid and sound independent judgments.
• Plan, organize, administer, and integrate the City’s development services programs and activities
• Formulate and recommend complex public policies as it relates to Community and Economic Development.
• Successfully develop, control and administer departmental budget and expenditures. • Analyze problems, identify alternative solutions, project consequences of proposed actions and implement recommendations in support of goals. • Interpret and apply construction and design standards, various codes and regulations, and department policies, procedures, rules and regulations. • Deliver effective presentations before City Council, Planning Commission, other local and regional commissions and boards, and various community groups • Communicate clearly and concisely, both orally and in writing. • Supervise, train and evaluate assigned personnel.
• Provide high quality customer service.
• Establish and maintain effective working relationships with those contacted in the course of work.

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Attachment: ACM-Community Development Director - draft (Approval of ACM/CDD Employment Agreement) ACM/Community Development Director

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WORKING CONDITIONS
The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions.

Work is primarily performed in the office in an air-conditioned office environment with natural and fluorescent lighting and moderate noise level and occasionally in the field in all weather conditions, and are occasionally exposed to loud noise levels, road hazards, mechanical and/or electrical hazards, and hazardous substances and fumes. Employees may interact with upset members of the public and private representatives and contractors in interpreting and enforcing departmental policies and procedures. May be required to work a varied schedule which could include off-hours, weekends, and on-call. Must possess mobility to work in the field and in a standard office setting and use standard office equipment, including a computer, to operate a motor vehicle, drive on surface streets, and make inspections; strength, stamina, and mobility to perform light physical work; vision to read printed materials and a computer screen, and hearing and speech to communicate in person and over the telephone or radio. The job involves fieldwork requiring frequent walking on uneven terrain and landscapes when performing inspections. Finger dexterity is needed to access, enter, and retrieve data using a computer keyboard or calculator and to operate above-mentioned tools and equipment.

Positions in this classification bend, stoop, kneel, reach, and climb to perform work and inspect work sites. Employees must possess the ability to lift, carry, push, and pull materials and objects weighing up to 35 pounds.

HISTORY
Approved by:

Date:

3.D.2
Attachment: ACM-Community Development Director - draft (Approval of ACM/CDD Employment Agreement)

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AGREEMENT OF SEPARATION, SEVERANCE, AND GENERAL RELEASE AGREEMENT NO. _______

ASSISTANT CITY MANAGER/COMMUNITY DEVELOPMENT DIRECTOR

EMPLOYMENT AGREEMENT
This Employment Agreement (“Agreement”) is made and entered into and effective on the 22nd day of August 2022, by and between the City of Arvin (“City”), a California municipal corporation, and Ricardo R. Quezada (“Employee”). City and Employee are sometimes referred to in this Agreement individually as “Party” and collectively as “Parties.”

RECITALS
WHEREAS, Employee has demonstrated the knowledge, skills and abilities to serve as the City’s Assistant City Manager/Community Development Director under the criteria established by the City; and
WHEREAS, this Employment Agreement (“Agreement”) is made and entered into by and between the City and Employee in order to secure the services of Employee as Assistant City Manager/Community Development Director (“ACM/CDD”); and WHEREAS, the position of ACM/CDD is an “at will” position, not subject to the City’s personnel rules; and
WHEREAS, it is in the City’s best interest at this time to pursue employment of Employee as ACM/CDD in accordance with the applicable provisions of the City’s Municipal Code and as otherwise provided by law. Employee wishes to accept employment as ACM/CDD and is willing to do so under the terms and conditions set forth below.

NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth hereinafter, the Parties mutually agree as follows:

AGREEMENT

1. INCORPORATION. The Parties incorporate the foregoing recitals as if fully set forth herein verbatim.

2. HIRE. City acknowledges that it is appointing and/or hiring Employee as ACM/CDD effective August 22, 2022 (“Effective Date”) pursuant to the terms and conditions of this Agreement. Employee shall remain in the exclusive hire of City during the term of this Agreement and shall neither accept other employment nor become employed by any other employer until the end of the Term or earlier termination of this Agreement.

3. “AT-WILL” EMPLOYMENT. Employee acknowledges he is employed at the pleasure of the City Manager and is thus an at-will employee. The terms of the City’s personnel rules, policies, procedures, ordinances, or resolutions (collectively “Personnel Policies”) shall not apply to Employee unless made expressly applicable to Employee. Nothing in this Agreement is intended to, or does, confer upon Employee any right to any property

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AGREEMENT OF SEPARATION, SEVERANCE, AND GENERAL RELEASE interest in continued employment, or any due process property right to a hearing before or after a decision by the City Manager to terminate his employment, including any so-called due process pre-disciplinary “Skelly” meeting, except that the City must terminate Employee in the manner set forth in Section 7 below. Nothing contained in this Agreement shall in any way prevent, limit, or otherwise interfere with the right of the City to terminate the services of Employee as provided in Section 7 of this Agreement. Nothing in this Agreement shall prevent, limit, or otherwise interfere with the right of Employee to resign at any time from this position with City, subject only to the provisions set forth in Section 7 of this Agreement.

4. DUTIES. Assistant City Manager/Community Development Director. Employee accepts employment with the City as its ACM/CDD and agrees to perform all functions, duties and services set forth the job description for the ACM/CDD position attached hereto as Exhibit “A,” and those duties that are otherwise legally permissible and proper as required by law and as the City Manager shall assign from time to time.

Employee shall devote his full energies, interests, abilities, and productive time to the performance of this Agreement, and utilize his best efforts to promote City’s interests.

Employee shall not engage in any activity, consulting service or enterprise, for compensation or otherwise (together “Outside Employment”), which is actually or potentially in conflict with or inimical to, or which materially interferes with, his duties and responsibilities to the City. Additionally, Employee shall not undertake any Outside Employment except with the consent of the City Manager.

5. TERM. Except as hereinafter described, the term of this Agreement shall be for two years commencing on the Effective Date.

6. SALARY AND BENEFITS. Employee’ salary and other benefits for all work or services called for under this Agreement shall be as follows:

A. Salary. Commencing on the Effective Date, Employee’ annual salary shall be $128,000.00 which shall be paid according to the payroll schedule in place for City Employees. Employee shall be eligible for a merit-based pay increase up to 5% of his annual salary after successfully completing 1 year of service following performance evaluation. Such a merit-based salary increase shall be at awarded at the discretion of the City Manager.

Should Employee be appointed to act as Acting City Manager by the City Council pursuant to 2.06.050 of the Arvin Municipal Code, Employee shall be entitled to an additional five percent (5%) pay, based on Employee’s then current salary. Employee shall not be entitled to the additional five percent (5%) pay when serving as the manager pro tempore during any temporary absence or disability of the City Manager.

The compensation set forth in this section shall be Employee’s total compensation under this Agreement, and Employee shall not be eligible for any other benefits or compensation not specifically provided for in this Agreement.

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AGREEMENT OF SEPARATION, SEVERANCE, AND GENERAL RELEASE The position of ACM/CDD is exempt under the Fair Labor Standards Act and, therefore, no overtime pay will be paid to Employee based on hours worked.

B. Paid Time Off (“PTO”). Employee shall accrue 3.0769 hours of vacation leave per pay period during the term of this Agreement, resulting in 80 hours per year. Employee shall be entitled to accrue vacation leave up to one and one half (1½) times the total annual accrual level, not to exceed one hundred twenty (120) days accrued vacation.

Should Employee reach the accrual limit, accrual will cease until such time as the Employee's accrued number of hours falls below the limit; Employee shall accrue

3.6923 hours of sick leave per pay period during the term of this Agreement, resulting in 96 hours per year. Employee shall be entitled to 18 hours of personal business days at the beginning of every fiscal year. If these hours are not utilized, they will not be carried forward and will be forfeited.

C. Holiday and Other Leaves. Employee shall receive the same leaves, holidays, and other time off as provided to other managers at the City.

D. Employee Benefits. 100% of the employee benefit coverage is paid by the city. If Employee elect to add dependents, Employee’s maximum out of pocket expense shall be$150.00 per month. Employee may select between two Platinum level plans with the benefit provider.

E. Term Life Insurance. The City shall pay the premiums for a term life insurance policy in the amount of $150,000.00. Employee shall name the beneficiary of the life insurance policy, provided said beneficiary has and maintains an insurable interest of the employee.

F. Cell Phone. City shall provide Employee with a cell phone which shall be used to conduct official city business. Employee acknowledges that use of the City provided cell phone for City business may be subject such usage to disclosure under the California Public Records Act.

G. Laptop. City shall provide Employee with a laptop to use during his employment.

Employee shall return the laptop when he ceases his employment with the City. The laptop shall be used exclusively for City business.

H. Public Employees’ Retirement System (Pers) And Social Security. EMPLOYEE shall be provided California Public Employees’ Retirement System (“CalPERS”) benefits. CalPERS 2% at 55, Employee is responsible for the 7% employee contribution. City and Employee shall each pay one half of the payments due to Social Security and Medicare during the term of this Agreement.

I. Professional Development. City shall pay the professional dues for one (1) professional organization, which is necessary and desirable for Employee’s continued professional participation, growth, enhancement or for the good of the City. Subject to

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AGREEMENT OF SEPARATION, SEVERANCE, AND GENERAL RELEASE the prior approval of the City Council, City shall budget and pay the attendance for Employee’ attendance at one (1) professional organization conference annually. City shall allow attendance at other conferences identified by Employee that may benefit the City or enhance his development and growth so long as the City Council approves of the leave in advance.

J. Expenses. The City shall pay for Employee’s membership in professional organizations, subscriptions, and training as provided in Section 7 of the Department Heads Benefits Resolution, as it may be amended from time to time. Upon advance approval of the City Manager, the City will pay for or reimburse Employee for reasonable travel expenses related to meetings and conferences related to such professional organizations.

K. Changes in Benefits. Employee acknowledges that the City Council may from time to time revise the Non-Represented Salary Resolution, which may change the level of compensation (exclusive of Employee’s base salary) or benefits provided to Employee.

In such event, amendment of this Agreement shall not be required, and Employee shall be provided benefits according to the Non-Represented Salary Resolution then in effect. Furthermore, revision to the Non-Represented Salary Resolution such that it changes the benefits provided in this Section 6 shall not be deemed a breach of this Agreement.

7. TERMINATION. Upon appointment to the ACM/CDD position, Employee remains an at-will employee serving at the under the direction of the City Manager and may be terminated as follows:

A. Termination by CITY for Cause. The City Manager may terminate this Agreement for cause at any time by providing Employee with written notice of the termination for cause and the facts and grounds constituting such cause. The term “cause” shall be defined to include any misconduct materially related to performance of official duties, including but not be limited to any of the following:
i. Theft, or attempted theft, financial mismanagement, material dishonesty, willful or persistent breach of duties, engaging in conduct tending to bring embarrassment or disrepute to the City, unauthorized or excessive absences. ii. A formal investigation commissioned by the City Council and conducted by a third-party investigator hired by the City Council in which the City Council has determined that the Employee has engaged in unlawful discrimination or harassment of Employees or any third party while on City Premises or on City time. City is not required to wait until Employee has exhausted any appeal rights prior to terminating this Agreement “for cause.” iii. Conviction of any felony, or for any misdemeanor involving moral turpitude, corruption, or dishonesty. “Conviction” shall include any guilty plea, plea of nolo contendre, or any other disposition other than a dismissal

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AGREEMENT OF SEPARATION, SEVERANCE, AND GENERAL RELEASE of charges or acquittal. City is not required to wait until Employee has exhausted any appeal rights prior to terminating this Agreement “for cause.” iv. Employee’ death.
v. Employee’ permanent disability if such disability precludes Employee from performing his essential job duties for more than three (3) cumulative months after attempts at a reasonable accommodation pursuant to the Americans with Disabilities Act and/or California’s Fair Employment & Housing Act have been made.
vi. Breach of this Agreement;
vii. Willful or persistent material breach of duties;
viii. Résumé fraud or other acts of material dishonesty; ix. Unauthorized absence or leave
x. Violation of the City’s anti-harassment policies and/or a finding that legally prohibited personal acts of harassment against a City official or employee or legally prohibited personal acts of discrimination against a City official or employee has occurred,
xi. Violation of the City’s Municipal Code, Ordinances, Rules, and Regulations, including but not limited to the City’s Personnel Rules xii. Use or possession of illegal drugs,
xiii. “Abuse of office or position” as defined in Government Code §53243.4 (i.e., waste, fraud, and violation of the law under color of authority and crimes against public justice, including crimes involving bribery and corruption).

For any of the foregoing, the City may, in its discretion, place Employee on paid or unpaid administrative leave until resolution. In order to comply with the requirements of California Government Code section 3304(c), a termination by the City Manager for cause shall be conducted in accordance with the following procedures:

Within fifteen (15) days of receipt of written notice under Section 7(A), Employee may submit a request in writing to the City Manager for an administrative appeal. Such appeal shall not prohibit or otherwise delay the termination of Employee prior to the administrative appeal. Failure to timely file such a request shall be deemed to be a waiver of the right to do so.

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AGREEMENT OF SEPARATION, SEVERANCE, AND GENERAL RELEASE Upon Employee’s written appeal request, the City Manager shall appoint an independent hearing officer to conduct an administrative hearing and issue an advisory decision which shall then be reviewed and considered and either adopted, modified or rejected by City Council. Both Employee and the City and their respective representatives, if any, shall make reasonable efforts to set an administrative appeal hearing date within thirty (30) days from the City Manager’s receipt of the written appeal request. Pursuant to Government Code section 3304(c) and for purposes of this subdivision, the removal of Employee for the purpose of implementing the goals or policies, or both, of the City, for reasons including, but not limited to, incompatibility of management styles or as a result of a change in administration, shall be sufficient to constitute "reason or reasons" for Employee’s termination in addition to those stated in Section 7(A) above.

At the administrative appeal hearing, the independent hearing officer shall be presented with both the information and documents on which the City based its decision to terminate for cause, as well as any information and documentation that the Employee chooses to submit to challenge the City’s information and documents to raise mitigating circumstances for consideration by the independent hearing officer.

Within thirty (30) days of completing the hearing, the independent hearing officer shall issue an advisory decision in writing to the City Council determining whether Employee was properly terminated under the terms of this Agreement. Following City Council’s review and consideration of the advisory decision, Employee shall be notified in writing as to whether the advisory decision will be upheld, modified, or rescinded.

B. Termination “Without Cause.” City reserves the right to terminate this Agreement and Employee’s Employment at any time at the will, discretion and pleasure of the City Manager upon providing Employee with thirty (30) days written notice. City’s only obligation in the event of such termination will be payment to Employee of all compensation then due and owing as set forth in Section 2.1 up to and including the effective date of termination. However, this Agreement may be terminated immediately if necessitated by changes to statutory or regulatory requirements, or if doing so will preclude a violation of State, Federal or local law.

In order to comply with the requirements of California Government Code section 3304(c), in the event of termination without cause EMPLOYEE may request to appear before the City Council, prior to the effective date of the termination to challenge the reasons for the termination without cause or to raise mitigating circumstances regarding the termination.

C. Resignation. If Employee elects to resign at any time during the term of this Agreement, he may do so upon giving City thirty (30) days’ written notice.

Termination pursuant to such action shall occur thirty (30) calendar days after service of said notice, or on such other date as may be agreed to by the Parties.

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AGREEMENT OF SEPARATION, SEVERANCE, AND GENERAL RELEASE D. Retirement. If Employee elects to retire, he shall inform City, in writing, at least thirty (30) days prior to the effective date of such retirement. City shall cooperate fully with Employee to provide all information in a timely manner.

E. No Notice for Expiration. Nothing in this Section 7 shall be construed to require either party to give advance written notice in order for the Agreement to expire as set forth in Section 5.

F. Termination Obligations. Employee agrees that all property, including, without limitation, all equipment, Confidential Information (as defined below), documents, records, notes, contracts, and computer-generated materials furnished to or prepared by him incident to his employment belongs to City and shall be returned promptly to City upon termination of Employee’ employment. Employee’ obligations under this subsection shall survive the termination of his employment and the expiration of this Agreement.
i. Confidential Information. “Confidential Information” shall include, but not be limited to, all information or material that Employee learns of or obtains during his employment with City that is or was confidential or privileged by virtue of it having been discussed or presented in a dulynoticed closed session meeting of the City Council, or otherwise privileged and/or confidential under applicable law, including but not limited to personnel information, information pertaining to on-going or potential litigation, information learned in the context of the attorney-client relationship with the City Attorney or special counsel to the City.

Confidential Information as defined includes, but is not limited to, all data, materials, products, technology, computer programs, specifications, manuals, business plans, software, marketing plans, financial information, internal processes and procedures, and other information disclosed or submitted, orally, in writing, or by any other media, to Employee by City.

Nothing herein shall require City to disclose any of its information to Employee. During his employment with City, Employee shall use and disclose Confidential Information only for the benefit of City and as is, or may be, necessary to perform his job responsibilities under this Agreement.

Following the termination of this Agreement, Employee shall not use or disclose any Confidential Information, except with the express written consent of City. Employee’ obligations under this Section shall survive the termination of his employment and the expiration of this Agreement.

G. Severance. In the event that Employee is terminated “Without Cause,” he shall be entitled to severance pay as follows:
o An amount equal to One (1) pay period.

The severance pay will be in addition to pay accrued, but not remitted, prior to the notice of termination, and any accrued PTO. The severance rights provided in this

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AGREEMENT OF SEPARATION, SEVERANCE, AND GENERAL RELEASE Paragraph 7(G) shall constitute the sole and only entitlement of Employee with respect to severance pay in the event of the termination other than for cause or by expiration of this Agreement. Employee expressly waives any and all other rights with respect to severance pay except as provided herein, including any and all rights he may have to a separation payment pursuant to any joint powers insurance authority memorandum of liability coverage then in effect. Any and all severance rights are conditioned upon and in consideration for execution of the Standard “Agreement of Separation, Severance, and General Release” attached hereto in form only as Exhibit “B.”

8. INDEMNIFICATION. City shall defend, save harmless and indemnify Employee from any and all demands, claims, suits, actions, or other legal proceedings (“Claims”) brought against him in his individual capacity or in his official capacity as ACM/CDD, provided the Claims arise while Employee is acting within the scope of his employment and provided, he did not act or fail to act because of actual fraud, corruption or malice. The provision shall not extend to claims brought by City itself or where indemnity is otherwise prohibited by law.

9. PERFORMANCE EVALUATION. City Manager evaluate Employee at least one (1) time each year during the pendency of this Agreement. Employee shall be responsible for initiating the evaluation. The City Manager may conduct more frequent performance evaluations at their discretion.

A. Written Summary. The City Manager may, at his/her sole discretion, elect to provide a written summary of each performance evaluation to Employee within two (2) weeks following the conclusion of the review and evaluation process.

B. No Grievance or Appeal. Grievance or appeal of performance evaluations is not permitted. Employee may, if he disagrees with a performance evaluation, submit a written rebuttal to the performance evaluation within thirty (30) calendar days of receiving the evaluation. Performance evaluations, along with any rebuttal, will be maintained in Employee’s personnel file and will be treated as confidential.

10. NOTICES. Notices pursuant to this Agreement shall be deemed to be given when personally delivered to the party to whom directed or when deposited in the United States Mail, postage prepaid, and addressed as follows:

City Employee
Attn: City Manager Ricardo R. Quezada
City of Arvin Address set forth in Employee's
200 Campus Drive Personnel File.

Arvin, California 93203
Either party may change his or its address by providing written notice to the other party in the manner described herein.

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AGREEMENT OF SEPARATION, SEVERANCE, AND GENERAL RELEASE

11. GENERAL PROVISIONS.

A. Entire Agreement. This Agreement constitutes the complete understanding between the Parties, is fully integrated, and supersedes all prior agreements, promises, representations, or inducements, no matter their form, concerning the subject matter of this Agreement. No subsequent agreements, promises, representations, or inducements will be binding unless recorded in a written document, which specifically references this Agreement and is signed by the Parties or their authorized representatives. The Parties acknowledge that this Agreement may be used as evidence in any subsequent proceeding in which either Party alleges a breach of this Agreement or seeks to enforce its terms, provisions, obligations, or as compelled by law.

B. Captions. The headings used in this Agreement are inserted for reference purposes only and shall not be deemed to limit or affect in any way the meaning or interpretation of any of the terms or provisions of this Agreement.

C. Severability. If any provision contained in this Agreement is held invalid or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be deemed severable and shall not be affected thereby and same shall remain in full force and effect.

D. Amendment. This Agreement may not be amended except in a written document signed by Employee, approved by the City Council and signed by the City’s Mayor.

E. Assignment. Employee shall not assign any rights or obligations under this Agreement, nor any interest in it. City may, upon prior written notice to Employee, assign its rights and obligations hereunder.

F. Governing Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action or motion to enforce the terms or conditions of this Agreement shall be brought only in the Superior Court of California for the County of Kern.

G. Waiver. Waiver by any party of any breach of this Agreement by the other party, whether such waiver be direct or implied, shall not be construed as a continuing waiver or consent to any subsequent breach of this Agreement on the part of the other party.

H. Attorneys’ Fees. If either party commences any action or proceeding relating to this Agreement or the enforcement of any provision of this Agreement against the other party, the prevailing party, in such action or proceeding, shall be entitled to recover reasonable attorneys’ fees, costs, and all other litigation costs.

I. Counterparts. This Agreement may be executed in counterparts and the respective signature pages for each party may thereafter be attached to the body of this Agreement

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AGREEMENT OF SEPARATION, SEVERANCE, AND GENERAL RELEASE to constitute one integrated Agreement which is as fully effective and binding as if the entire document had been signed at one time.

J. Acknowledgement of Statutes That May Affect Employment Relationship. City and Employee acknowledge that, in addition to the statutes previously referenced in this Agreement, the following statutes shall govern this employment relationship under the circumstances described in the statutes:
a. Government Code section 53243 states that on or after January 1, 2012, any contract executed or renewed between a local agency, such as the City, and an officer or Employee of a local agency, such as Employee, that provides paid leave salary offered by the local agency to the officer or Employee pending an investigation shall require that any salary provided for that purpose be fully reimbursed if the officer or Employee is convicted of a crime involving an abuse of his or her office or position.
b. Government Code section 53243.1 states that on or after January 1, 2012, any contract executed or renewed between a local agency, such as the City, and an officer or Employee of a local agency, such as Employee that provides funds for the legal criminal defense of an officer or Employee shall require that any funds provided for that purpose be fully reimbursed to the local agency if the officer or Employee is convicted of a crime involving an abuse of his or her office or position. c. Government Code section 53243.3 states that on or after January 1, 2012, if a local agency, such as the City, provides, in the absence of a contractual obligation, for any of the payments described in the corresponding article of the Government Code, then the Employee or officer, such as Employee, receiving any payments provided for those purposes shall fully reimburse the local agency that provided those payments in the event that the Employee or officer is convicted of a crime involving the abuse of his or her office or position.
d. Government Code sections 87100 et seq., section 1090 and section 1126, and all other similar statutory and administrative rules, prohibit conflicts of interest.

During the term of this Agreement, Employee shall comply with all those requirements of law, and shall not engage in any business or transaction or maintain a financial interest which conflicts, or reasonably might be expected to conflict, with the proper discharge of Employee's duties under this Agreement.

Employee represents that he has reviewed, is familiar with, and agrees to comply fully with each of these provisions if any of these provisions are applicable to him, including that Employee agrees that any cash settlement or severance related to a termination that Employee may receive from City shall be fully reimbursed to the local agency if Employee is convicted of a crime involving an abuse of Employee's office or position.

K. Independent Legal Advice. City and Employee represent and warrant to each other that

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AGREEMENT OF SEPARATION, SEVERANCE, AND GENERAL RELEASE each has received legal advice from independent and separate legal counsel with respect to the legal effect of this Agreement or had the opportunity to do so and City and Employee further represent and warrant that each has carefully reviewed this entire Agreement and that each term thereof is understood and that the terms of this Agreement are contractual and not a mere recital. This Agreement shall not be construed against the Party or its representatives who drafted it or who drafted any portion thereof. By way of example and not in limitation, this Agreement shall not be construed in favor of the party receiving a benefit nor against the party responsible for any particular language in this Agreement.

Captions are used for reference purposes only and should be ignored in the interpretation of the Agreement. This Agreement may be altered, amended, or modified only by an instrument in writing, executed by the parties to this Agreement and by no other means.

Each party waives their future right to claim, contest or assert that this Agreement was modified, cancelled superseded or changed by any oral agreement, course of conduct, waiver or estoppel.

L. Further Assurances. Each party shall execute and deliver such papers, documents, and instruments, and perform such acts as are necessary or appropriate, to implement the terms of this Agreement and the intent of the parties to this Agreement.

M. Binding Effect. The rights and obligations of this Agreement shall inure to the benefit of, and be binding upon, the parties to the contract and their heirs, administrators, executors, personal representatives, successors and assigns, and whenever the context so requires, the masculine gender and includes the feminine and neuter, and the singular number includes the plural. This Agreement may be executed in any number of counterparts, each of which shall be considered as an original and be effective as such.

N. Non-Interest. With the exception of Employee, no officer or employee of the City shall hold any interest in this Agreement (California Government Code section 1090). [Signature Page Follows]

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AGREEMENT OF SEPARATION, SEVERANCE, AND GENERAL RELEASE IN WITNESS WHEREOF, City has caused this Agreement to be signed and executed on its behalf by its City Manager and duly attested to by its City Clerk, and Employee has signed and executed this Agreement, as of the date written below.

Dated: CITY OF ARVIN
By:

Jeff Jones, City Manager
Dated: EMPLOYEE
By:

Ricardo R. Quezada
ATTEST:

By:

CECILIA VELA, City Clerk
APPROVED AS TO FORM:

By:

NATHAN M. HODGES, ESQ.

City Attorney
Attachments:

Exhibit “A”: Assistant City Manager/Community Development Director Job Description Exhibit “B”: Severance Agreement

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AGREEMENT OF SEPARATION, SEVERANCE, AND GENERAL RELEASE Exhibit “A”
Assistant City Manager/Community
Development Director Job Description

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AGREEMENT OF SEPARATION, SEVERANCE, AND GENERAL RELEASE Exhibit “B”
Agreement Of Separation, Severance, And
General Release

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AGREEMENT OF SEPARATION, SEVERANCE, AND GENERAL RELEASE

1. PARTIES
This Agreement of Separation, Severance, and General Release (hereinafter referred to as the “Agreement”) is entered into effective this ___ day of ___________, _____ by and between the City of Arvin, a municipal corporation (“'City” herein), and Ricardo R. Quezada (“Employee” herein).

2. RECITALS

2.1 Employee was hired by the City as an at-will Assistant City Manager/Community Development Director effective on or about _______________, serving at the pleasure of the of the City Manager of the City pursuant to a written Employment Agreement, a copy of which is attached hereto as Exhibit “1” (“Employment Agreement”). Employee is currently ___ years old.

2.2 On or about __________, 20__, the City provided Employee with a Notice of Termination without Cause (or the Employee provided the City a letter of resignation, wherein Employee informed the City of his intent to resign.) Pursuant to the Notice of Termination (or Employee’s resignation letter), the City and Employee desire that Employee separate from employment with the City and enter into this Agreement whereby Employee receives severance compensation in exchange for executing a general release and waiver of any and all claims that Employee may have against the City, including but not limited to, its elected and non-elected officials, Employees, attorneys, and agents. Accordingly, the parties hereto intend by this Agreement to mutually conclude any and all employment relationships between the City and Employee by means of Employee's separation as Assistant City Manager and Community Development Director as of the ____ day of _________ 20__. This Agreement sets forth the full and complete terms and conditions concluding Employee's employment relationship with the City and any obligations related thereto, including any provided under the Employment Agreement.

2.3 In accordance with this Agreement and with applicable state and federal laws, Employee acknowledges that Employee has been advised of Employee’s post-employment rights, including but not limited to, Employee’s rights under the Consolidated Omnibus Budget Reconciliation Act of 1985 (“COBRA”), the Employee Retirement Income Security Act of 1974 (“ERISA”), and the Health Insurance Portability and Accountability Act of 1996 (" HIPAA"), and of his rights under the Age Discrimination in Employment Act, and the Older Workers Benefit Protection Act.

3. CONSIDERATION

3.1 Employee shall receive payment to him at the time of his voluntary separation all earned salary, accrued fringe benefits as detailed in the Employment Agreement, and/or all other wage compensation/benefits owed to Employee upon separation of employment, as required by state, federal or municipal law or any other Agreement with the City.

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AGREEMENT OF SEPARATION, SEVERANCE, AND GENERAL RELEASE

3.2 In exchange for the waivers and releases set forth herein, the City shall cause to be paid to Employee an additional compensatory payment as severance pay by means of a lump sum payment of ________________ ($__________), as set forth in in the form of a check made payable to Employee to be mailed to Employee at Employee’s home address via certified mail return receipt requested within thirty (30) business days after the Effective Date (as defined below) of this Agreement. The lump sum payment shall be subject to applicable state and federal withholdings as determined appropriate by the City.

3.3 In exchange for the severance payment provided for herein, Employee, and on behalf of Employee’s Spouse, heirs, representatives, successors, and assigns, hereby releases, acquits, and forever discharges the City, and each of its predecessors, successors, assigns, officials, employees, representatives, agents, insurers, attorneys, and all persons and entities acting by, through, under, or in concert with any of them, and such of them (hereinafter referred to as “the City Parties”), from any and all claims, charges, complaints, contracts, understandings, liabilities, obligations, promises, benefits, Agreements, controversies, costs, losses, debts, expenses, damages, actions, causes of action, suits, rights, and demands of any nature whatsoever, known or unknown, suspected or unsuspected, which Employee now has or may acquire in the future, or which Employee ever had, relating to or arising out of any act, omission, occurrence, condition, event, transaction, or thing which was done, omitted to be done, occurred or was in effect at any time from the beginning of time up to and including the effective date of this Agreement (hereinafter referred to collectively as “Claims”), without regard to whether such Claims arise under the federal, state, or local constitutions, statutes, rules or regulations, or the common law. Employee expressly acknowledges that the Claims forever barred by this Agreement specifically include, but are not limited to, claims based upon any alleged breach of the contract or any other Agreement of employment, any demand for wages, overtime or benefits, any claims of violation of the provisions of ERISA, COBRA or HIP AA, any alleged breach of any duty arising out of contract or tort, any alleged wrongful termination in violation of public policy, any alleged breach of any express or implied contract for continued employment, any alleged employment discrimination or unlawful discriminatory act or any claim or cause of action including but not limited · to, any and all claims whether arising under any federal, state or local law prohibiting breach of employment contract, wrongful termination, or employment discrimination based upon age, race, color, sex, religion, handicap or disability, national origin or any other protected category or characteristic, and any and all rights or claims arising under the California Labor Code or Industrial Welfare Commission Wage Orders, the Federal Fair Labor Standards Act, the California Fair Employment and Housing Act, California Government Code§§ 12, 900 et seq., the Americans With Disabilities Act, Title VII of the Civil Rights Act of 1964, the Public Safety Officers Procedural Bill of Right Act, and any other federal, state, or local human rights, civil rights, or employment discrimination or Employee rights statute, rule, or regulation. Nothing herein shall be interpreted as a release or waiver of any workers’ compensation claims or in any way prohibit or prevent Employee from participating in any claims or administrative action brought by a state or federal agency.

Furthermore, nothing herein shall be interpreted as a release or waiver of the City’s statutory obligations relative to providing defense and indemnification of public

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AGREEMENT OF SEPARATION, SEVERANCE, AND GENERAL RELEASE Employees, if any, including but not limited to Government Code Sections 825-825.6 and Sections 995-996.6.

4. SPECIFIC ACKNOWLEDGMENT OF WAIVER OF CLAIMS UNDER ADEA AND OWBPA
The Age Discrimination in Employment Act of 1967 (hereinafter referred to as the “ADEA”') makes it illegal for an employer to discharge any individual or otherwise discriminate with respect to the nature and privileges of an individual’s employment on the basis that the individual is age forty (40) or older. The Older Workers Benefit Protection Act (hereinafter referred to as the “OWBPA,” 29 U.S.C. § 626, et. seq., Pub L 101-433, 104 Stat. 978 (1990)) further augments the ADEA and prohibits the waiver of any right or claim under the ADEA, unless the waiver is knowing and voluntary. By entering into this Agreement, Employee acknowledges that Employee knowingly and voluntarily, for just compensation in addition to anything of value to which Employee was already entitled, waives, and releases any rights he may have under the ADEA and/or OWBPA. Employee further acknowledges that Employee has been advised and understands, pursuant to the provisions of the ADEA and OWBPA, that:
a) This waiver/release is written in a manner understood by Employee; b) Employee is aware of, and/or has been advised of, Employee’s rights under the ADEA and OWBPA, and of the legal significance of Employee’s waiver of any possible claims Employee currently may have under the ADEA, OWBPA and/or similar age discrimination laws;
c) Employee is entitled to a reasonable time of at least twenty-one (21) days within which to review and consider this Agreement and the waiver and release of any rights Employee may have under the ADEA, the OWBPA and similar age discrimination laws; but may, in the exercise of Employee's own discretion, sign or reject this Agreement at any time before the expiration of the twenty-one (21) days;
d) The waivers and releases set forth in this Agreement shall not apply to any rights or claims that may arise under the ADEA and/or OWBPA after the Effective Date of this Agreement;
e) Employee has been advised by this writing that Employee should consult with an attorney prior to executing this Agreement;
f) Employee has discussed this waiver and release with, and been advised with respect thereto by, Employee’s counsel of choice or at least had the opportunity to do so, and Employee represents by signing this Agreement that Employee does not need any additional time within which to review and consider this Agreement;
g) Employee has seven (7) days following Employee’s execution of this Agreement to revoke the Agreement;

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AGREEMENT OF SEPARATION, SEVERANCE, AND GENERAL RELEASE h) Notice of revocation within the seven (7) day revocation period must be provided, in writing, to the City pursuant to Paragraph 8.9 herein, and must state, “I hereby revoke my acceptance of our Agreement of Severance and General Release;” and i) This Agreement shall not be effective until all parties have signed the Agreement and ten (10) days have passed since Employee's execution of same (“Effective Date”).

5. UNKNOWN CLAIMS
In relation to the release provisions of Paragraphs 3, and 4 above, Employee understands that California Civil Code section 1542 reads as follows:
“GENERAL RELEASE--CLAIMS EXTINGUISHED”
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS

WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT

TO EXIST IN HIS OR HER FAVOR AT THE TIME OF

EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM

OR HER MUST HAVE MATERIALLY AFFECTED HIS OR
HER SETTLEMENT WITH THE DEBTOR.”
Employee hereby waives the protection of California Civil Code section 1542.

6. WAIVER OF ADDITIONAL CLAIMS
Employee hereby waives any provisions of state or federal law that might require a more detailed specification of the claims being released pursuant to the provisions of Paragraphs 3, 4, and 5 above.

7. REPRESENTATIONS AND WARRANTIES
Each of the parties to this Agreement represents and warrants to, and agrees with, each other party as follows:

7.1 Advice of Counsel: The parties hereto have received independent legal advice from their respective attorneys concerning the advisability of entering into and executing this Agreement or have been given the opportunity to obtain such advice. The parties acknowledge that they have been represented by counsel of their own choice in the negotiation of this Agreement, that they have read this Agreement; that they have had this Agreement fully explained to them by such counsel or have had such opportunity to do so and that they are fully aware of the contents of this Agreement and of its legal effect.

7.2 No Fraud in Inducement: No party (nor any officer, agent, employee, representative, or attorney of or for any party) has made any statement or representation or failed to make any statement or representation to any other party regarding any fact relied upon in entering into this Agreement, and neither party relies upon any statement, representation, omission

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AGREEMENT OF SEPARATION, SEVERANCE, AND GENERAL RELEASE or promise of any other party in executing this Agreement, or in making the settlement provided for herein, except as expressly stated in this Agreement.

7.3 Independent Investigation: Each party to this Agreement has made such investigation of the facts pertaining to this settlement and this Agreement and all the matters pertaining thereto, as it deems necessary.

7.4 Mistake Waived: In entering into this Agreement, each party assumes the risk of any misrepresentation, concealment, or mistake. If any party should subsequently discover that any fact relied upon by it in entering into this Agreement was untrue, or that any fact was concealed from it, or that its understanding of the facts or of the law was incorrect, such party shall not be entitled to any relief in connection therewith, including without limitation on the generality of the foregoing any alleged right or claim to set aside or rescind this Agreement. This Agreement is intended to be, and is, final and binding between the parties, regardless of any claims of misrepresentation, promise made without the intent to perform, concealment of fact, mistake of fact or law, or any other circumstance whatsoever.

7.5 Later Discovery: The parties are aware that they may hereafter discover claims or facts in addition to or different from those they now know or believe to be true with respect to the matters related herein. Nevertheless, it is the intention of the parties that Employee fully, finally, and forever settle and release all such matters, and all claims relative thereto, which do now exist, may exist or have previously existed against the City or the City Parties. In furtherance of such intention, the releases given here shall be, and remain, in effect as full and complete releases of all such matters, notwithstanding the discovery or existence of any additional or different claims or facts relative thereto.

7.6 Indemnification: Employee agrees to indemnify and hold harmless the City or the City Parties from, and against, any and all claims, damages, or liabilities sustained by them as a direct result of the violation or breach of the covenants, warranties, and representations undertaken pursuant to the provisions of this Agreement. Employee understands and agrees that Employee shall be exclusively liable for the payment of all taxes for which Employee is responsible, if any, as a result of Employee's receipt of the consideration referred to in Paragraph 3 of this Agreement. In addition, Employee agrees fully to indemnify and hold the City Parties harmless for payment of tax obligations as may be required by any federal, state, or local taxing authority, at any time, as a result of the payment of the consideration set forth in Paragraph 3 of this Agreement.

7.7 Future Cooperation: Employee shall execute all such further and additional documents as shall be reasonable, convenient, necessary, or desirable to carry out the provisions of this Agreement.

7.8 Return of Confidential Information and Property: Prior to the separation all City keys, equipment, passwords, computer identification cards or codes, and other equipment or materials or confidential documents provided to or obtained by Employee during the course of Employee’s employment with the City shall be provided by Employee to the Finance Director or designee.

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AGREEMENT OF SEPARATION, SEVERANCE, AND GENERAL RELEASE

7.9 No Pending Claims and/or Actions: Employee represents that Employee has not filed any complaints or charges against the City or the City Parties with any local, state or federal agency or court; that Employee will not do so at any time hereafter for any claim arising up to and including the Effective Date of this Agreement; and that if any such agency or court assumes jurisdiction of any such complaint or charge against the City or the City Parties on behalf of Employee, whenever or where ever filed, Employee will request such agency or court to withdraw from the matter forthwith. Nothing herein shall be interpreted as a release or waiver of any workers’ compensation claims or in any way prohibit or prevent Employee from participating in any claims or administrative action brought by a state or federal agency.

7.10 Ownership of Claims: Employee represents and warrants as a material term of this Agreement that Employee has not heretofore assigned, transferred, released, or granted, or purported to assign, transfer, release, or grant, any of the Claims disposed of by this Agreement. In executing this Agreement, Employee further warrants and represents that none of the Claims released by Employee thereunder will in the future be assigned, conveyed, or transferred in any fashion to any other person and/or entity.

7.11 Enforcement Fees and Costs: Should any legal action be required to enforce the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees and costs in addition to any other relief to which that party may be entitled.

7.12 Authority: Each party represents to the other that it has the right to enter into this Agreement, and that it is not violating the terms or conditions of any other Agreement to which they are a party or by which they are bound by entering into this Agreement. The parties represent that they will obtain all necessary approvals to execute this Agreement. It is further represented and agreed that the individuals signing this Agreement on behalf of the respective parties have actual authority to execute this Agreement and, by doing so, bind the party on whose behalf this Agreement has been signed.

7.13 Unemployment: Nothing in this Agreement shall limit Employee’s ability to apply for unemployment benefits.

8. MISCELLANEOUS

8.1 No Admission: Nothing contained herein shall be construed as an admission by the City of any liability of any kind. The City denies any liability in connection with any claim and intends hereby solely to avoid potential claims and/or litigation and buy its peace.

8.2 Governing Law: This Agreement has been executed and delivered within the State of California, and the rights and obligations of the parties shall be construed and enforced in accordance with, and governed by, the laws of the State of California.

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AGREEMENT OF SEPARATION, SEVERANCE, AND GENERAL RELEASE The Parties agree that the exclusive jurisdiction for any legal proceeding arising out of or relating to this Agreement shall be the Kern County Superior Court and all Parties hereby waive any challenge to personal jurisdiction or venue in that court.

8.3 Full Integration: This Agreement is the entire Agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous oral and written Agreements and discussions. This Agreement may be amended only by a further Agreement in writing, signed by the parties hereto.

8.4 Continuing Benefit: This Agreement is binding upon and shall inure to the benefit of the parties hereto, their respective agents, spouses, employees, representatives, officials, attorneys, assigns, heirs, and successors in interest.

8.5 Joint Drafting: Each party agrees that it has cooperated in the drafting and preparation of this Agreement. Hence, in any construction to be made of this Agreement, the parties agree that same shall not be construed against any party.

8.6 Severability: In the event that any term, covenant, condition, provision, or Agreement contained in this Agreement is held to be invalid or void by any court of competent jurisdiction, the invalidity of any such term, covenant, condition, provision or Agreement shall in no way affect any other term, covenant, condition, provision or Agreement and the remainder of this Agreement shall still be in full force and effect.

8.7 Titles: The titles included in this Agreement are for reference only and are not part of its terms, nor do they in any way modify the terms of this Agreement.

8.8 Counterparts: This Agreement may be executed in counterparts, and when each party has signed and delivered at least one such counterpart, each counterpart shall be deemed an original, and, when taken together with other signed counterparts, shall constitute one Agreement, which shall be binding upon and effective as to all parties. Delivery of executed originals of this Agreement, as well as any instrument contemplated in connection with this Agreement, may be affected by facsimile and/or electronic transmission, and in such event, copies of executed originals so delivered may be used in place of, and shall have the same force and effect as, the executed originals.

8.9 Notice: Any and all notices given to any party under this Agreement shall be given as provided in this paragraph. All notices given to either party shall be made by certified or registered United States mail, or personal delivery, at the noticing party's discretion, and addressed to the parties as set forth below. Notices shall be deemed, for all purposes, to have been given and/or received on the date of personal service or three (3) consecutive calendar days following deposit of the same in the United States mail.

City: City of Arvin
City Hall
200 Campus Drive
Arvin, California 93203
Employee: Ricardo R. Quezada
Address set forth in Employee's Personnel
File.

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ASSISTANT CITY MANAGER/COMMUNITY DEVELOPMENT DIRECTOR

EMPLOYMENT AGREEMENT
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed, the day and year first-above written.

Dated: “Employee”
By:

RICARDO R. QUEZADA
Dated: City of Arvin
By:

Name:

Title: Mayor
APPROVED AS TO FORM:

For City:

By:

Name:

Title: City Attorney
For Employee (if represented):

By:

Name:

Title:

3.D.3
Attachment: 07.21.2022.ACM-CDD Employment Agreement (Approval of ACM/CDD Employment Agreement)

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ASSISTANT CITY MANAGER/COMMUNITY DEVELOPMENT DIRECTOR

EMPLOYMENT AGREEMENT
EXHIBIT “1”

EMPLOYMENT AGREEMENT

3.D.3
Attachment: 07.21.2022.ACM-CDD Employment Agreement (Approval of ACM/CDD Employment Agreement)

CITY OF ARVIN
Agenda Report
Meeting Date: August 23, 2022
TO: Arvin City Council
FROM: Jeff Jones, City Manager
SUBJECT: Approval of Lease Agreement with Arts Council of Kern County for Use of A Portion of the Facility Located at the Arvin Community Center, 800 Walnut Drive, Arvin for Senior Citizens Program and Activities.

BACKGROUND:

The Arts Council of Kern County, a non-profit organization, has been working with the Arvin senior community for over 10 years on several projects including the De Colores Community Story Project, building fiber art, paintings and crafts, sewing projects that including making quilts or making blankets to donate to nursing care facilities or hospitals for seniors and infants.

They would like to continue to meet to provide these and other activities for the senior community. Their group is growing, and they need a larger space to accommodate some of their larger projects. The seniors meet 2 to 3 days a week but are hoping to meet more frequently as their group continues to grow. All services provided to the Seniors are offered at no cost. All program expenses are covered through small community grants.

The Arvin Community Center was previously designated as the Senior Center. However, when it was changed from the Arvin Senior Center to the Arvin Community Center, the seniors were moved from the large recreation hall to a much smaller room. At times they must share this smaller room with the cooling center providing them with less and inadequate space for their projects. Their group has grown and they are working on larger projects so they wish to move back to the main recreation hall that is now vacant, offering them approximately 1,421 square feet of space for their projects.

Each tenant is required to provide a security deposit of $1,000 and a Certificate of Liability Insurance with coverage as indicated in the lease agreement. Each tenant must provide documentation showing the proposed tenant’s credit history, including outstanding liens, judgements, and bankruptcies. This requirement may be satisfied by providing the City with a business or individual credit report (depending on whether the proposed tenant is a business entity or individual).

The City Council approved the attached Policy Guidelines for Leasing City Property on January 26, 2021. Since that time, staff has offered the monthly rent at fair market value at approximately $1.00 per square foot. Tenant request that the City Council consider providing a

3.E.1
Attachment: Staff Report_Lease Agmt Arvin Community Center_Arts Council of Kern County - Arvin Seniors_082322 (Arvin Community Center reduced rental fee of $1.00 per year as approved for their former leases due to the nature of their program and because they offer free services to the community.

According to the guidelines, the City property generally will be leased for fair market rent although other public benefits will be considered. Leases for fair market rent will include provisions for annual or periodic rent increases to ensure the rent amount remains at fair market value throughout the term of the lease. First month’s rent shall be paid at the time of the lease execution by City.

The City may approve leases for below fair market value if the tenant is a non-profit or government agency and provides significant and beneficial services or programs to City residents through the leased property, which are not already available in the City or are in short supply. In determining whether to offer a below-fair-market rent, the City will also consider whether the proposed tenant charges market rates for its services and programs or whether it offers them at a subsidized rate. A lease with lower than fair market rent shall require the tenant to provide the services or programs on an ongoing basis throughout the term of the lease and to provide City with regular documentation of such services and programs, and shall provide that rent will revert to market value if the tenant ceases to provide the services and programs or ceases to be a tax-exempt entity.

The City may approve leases with below-fair-market rent for a short time period to start-up businesses with demonstrated potential to create significant economic development in the City, provided that the rent shall be increased to fair market rent after a set time period or upon achievement of specified financial milestones by the tenant, as determined by City.

FINANCIAL IMPACT:

The City of Arvin pays for maintenance of lawn and outdoor common areas and for repairs as may be needed such as for the air conditioning unit. The City of Arvin also pays for utilities such as water, gas, sewer, trash service and electricity including heating and air conditioning.

RECOMMENDATION:

Staff recommends that the City Council approve the Lease Agreement with the Arts Council of Kern County for use of a portion of the facility located at the Arvin Community Center upon receipt of the required documentation, insurance and security deposit from tenant; and setting the annual base rent to one dollar ($1.00) in accordance with the City of Arvin’s Policy Guidelines for Leasing City Property; and Authorizing the City Manager to execute said lease agreement.

ATTACHMENTS:
- City of Arvin Policy Guidelines for Leasing City Property (adopted Jan. 26, 2021) - Application for Lease of City Facility and Lease Agreement between the City of Arvin and Arts Council of Kern County for use of a portion of the facility located at the Arvin Community Center, 800 Walnut Drive, Arvin.

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Attachment: Staff Report_Lease Agmt Arvin Community Center_Arts Council of Kern County - Arvin Seniors_082322 (Arvin Community Center 01159.0001/683989.4 Page 1 of 5 Pages

CITY OF ARVIN

POLICY GUIDELINES FOR LEASING CITY PROPERTY

1. Purpose. From time to time, City of Arvin leases City-owned property to various entities.

The purpose of this policy is to establish criteria for selecting and vetting tenants, and to establish consistent terms and conditions for leases of City property.

2. Compliance with Laws. City must comply with the Surplus Land Act (Govt. Code 54220 et seq.) with respect to leasing surplus property. In addition certain types of property (such as park, recreation and open space property) may have additional requirements before being available for leasing.

3. Scope of Policy. This policy applies to leasing of City-owned property for more than 30 days.

4. Lease Application. A person or entity interested in leasing City property shall submit a written application either by email to [email protected] or a physical copy to City Clerk’s office located at 200 Campus Drive, Arvin, CA 93203. Each application must include the following information regarding the proposed tenant:

A. Proposed Tenant.
• Legal name and address;
• Other names used by proposed tenant;
• If an entity, specify the type (i.e. corporation, LLC, LLP, etc.), the state of formation, and, if formed outside of California, confirmation of California filings as a foreign entity;
• Whether a proposed tenant is a tax-exempt entity, and if so, under what section of the Internal Revenue Code (e.g., 501(c)(3)), including documentation of nonprofit status; • Date of entity formation, including a brief history or background of the entity; • Contact information for representative of proposed tenant; and • A copy of the entity’s bylaws or other similar document showing which individual(s) have signing authority for the entity.

B. Location and Proposed Term
• Identification of the proposed City property;
• Proposed lease term including any extensions; and
• Proposed date of term commencement.

C. Intended Use

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Attachment: City of Arvin Policy Guidelines for Leasing City Property_Adopted Jan 26, 2021 (Arvin Community Center Lease Agreement - Arts 01159.0001/683989.4 Page 2 of 5 Pages
• Detailed information regarding the intended use of the property; • Public services, programs, or benefits provided by the intended use of the property, if any;
• Intended population served by use, including estimated portion residing within City of Arvin;
• Documentation showing any available performance measures related to the entity’s services or business;
• The number of employees who will work at the property; and • Approximate number of employees tenant anticipates hiring from the Arvin community to work at the property, if any.

D. Impacts of Use and Proposed Tenant Improvements
• Anticipated impacts of the use, including increased traffic, noise, effects on neighboring uses, etc.; and
• Summary of any requested tenant improvements to the property.

E. Viability and Credit History
• Proposed tenants that are business entities must provide documentation showing the entity’s officers, agent for service of process, active standing with the California Secretary of State, and most current Statement of Information filed with the California Secretary of State; and
• All proposed tenants must provide documentation showing the proposed tenant’s credit history, including outstanding liens, judgments, and bankruptcies. This requirement may be satisfied by providing the City with a business or individual credit report (depending on whether the proposed tenant is a business entity or individual).

F. Terms and Conditions
• Any specific terms and conditions the leasing entity requests to be included or excluded from the lease agreement.

The application will be reviewed by the City Manager or designee. The City Manager or designee may request any other information or documentation that he or she deems necessary to adequately evaluate the applicant, provided that requests for additional information or documentation shall not be unreasonably burdensome.

5. Review and Selection Process. City will consider the following factors, among others, in evaluating a potential tenant:

A. Public Benefit. Priority will be given to tenants that provide beneficial services or programs to City residents that are not otherwise available, or are in short supply, in the City.

3.E.2
Attachment: City of Arvin Policy Guidelines for Leasing City Property_Adopted Jan 26, 2021 (Arvin Community Center Lease Agreement - Arts 01159.0001/683989.4 Page 3 of 5 Pages
B. Job Growth. Priority will also be given to tenants that will create employment opportunities for City residents.

C. Low Impact. City will weigh any detrimental environmental or community impacts of the tenant’s proposed use against any public benefits provided by the tenant and give priority to tenants that have no or minimal detrimental impacts.

D. Professionalism and Financial Reliability. The City will give priority to tenants with demonstrated professionalism and expertise in their area of work and organizational management, and with demonstrated financial reliability.

E. Compliance with Restrictions on Property Use. The permissible use of certain City properties (including, but not limited, to the Adobe Complex) is or may be restricted by conditions on grants used to fund the development of such properties, by deed restrictions, or by other legal restrictions. City will evaluate each proposed use of the property to ensure compliance with any such restrictions.

6. Lease Terms.

A. Lease Agreement. All leases shall be in writing in a form approved by the City Attorney. Generally the City Attorney will prepare the lease.

B. Rent. City property generally will be leased for fair market rent although other public benefits will be considered. Leases for fair market rent will include provisions for annual or periodic rent increases to ensure the rent amount remains at fair market value throughout the term of the lease. First month’s rent shall be paid at the time of the lease execution by City.

City may approve leases for below fair market value if the tenant is a non-profit or government agency and provides significant and beneficial services or programs to City residents through the leased property, which are not already available in the City or are in short supply. In determining whether to offer a below-fair-market rent, the City will also consider whether the proposed tenant charges market rates for its services and programs or whether it offers them at a subsidized rate. A lease with lower than fair market rent shall require the tenant to provide the services or programs on an ongoing basis throughout the term of the lease and to provide City with regular documentation of such services and programs, and shall provide that rent will revert to market value if the tenant ceases to provide the services and programs or ceases to be a tax-exempt entity.

City may approve leases with below-fair-market rent for a short time period to startup businesses with demonstrated potential to create significant economic development in the City, provided that the rent shall be increased to fair market rent after a set time period or upon achievement of specified financial milestones by the tenant, as determined by City.

C. Term. While long-term leases may be appropriate in some circumstances, lease terms shall be established with the goal of providing City with a reasonable measure of long-term control over its property in the event City wishes to change the use of its property or lease the property to a different tenant. All leases should include

3.E.2
Attachment: City of Arvin Policy Guidelines for Leasing City Property_Adopted Jan 26, 2021 (Arvin Community Center Lease Agreement - Arts 01159.0001/683989.4 Page 4 of 5 Pages
provisions allowing City to terminate the lease under certain default conditions.

Furthermore, especially for leases of more than five years, City should consider adding provisions allowing early termination of the lease upon a determination by City that the property is needed for a different use, or if required maintenance and upkeep of the property becomes cost-prohibitive to the City.

City may also enter into leases with a relatively short term but with the option to renew upon a finding by City that the tenant is not in default and has satisfied certain conditions during the term. This will allow City to ensure that it continues to lease its property to high-quality tenants.

D. Subleases. The City will generally not allow subleases of its property, but may consider a sublease if the subtenant meets the selection criteria described in this policy, the terms of the sublease are approved by the City, and the proposed subtenant demonstrates financial viability to City’s satisfaction. Any profit resulting to the tenant from the sublease will accrue to City.

E. Taxes. All tenants must pay possessory interest taxes and other property related taxes that may be incurred as a result of the tenancy. If a tenant qualifies for an exemption from real estate taxes, tenant is solely responsible to pursue such exemption.

F. Security Deposit. City will generally require a security deposit of at least one month’s base rent.

G. Maintenance. Responsibility for property maintenance will be addressed in each lease agreement. In general, tenant will be responsible for day-to-day maintenance and upkeep of the property, including landscaping, and City will be responsible for repairs and capital improvements to the property, unless such improvements are requested by tenant. However, alternative requirements may apply for rental of space within a building as opposed to the leasing of an entire building, or as otherwise determined by the City.

H. Improvements. Tenants may not make improvements to the property without prior City approval and all such requested approvals shall be made at tenant’s sole cost and expense and must comply with applicable laws including, but not limited to, prevailing wages. All improvements to the property will become the property of City upon termination of the lease unless City otherwise notifies tenant to remove same at no cost to City and restore the property to its previous condition.

I. Inspections and Audits. Leases will include provisions allowing City to inspect the property and audit tenant’s records, as necessary, to determine tenant’s compliance with the terms of the lease.

J. Other City Requirements. All tenants and subtenants shall remain in good standing and full compliance with all applicable laws and regulations including, but not limited to, City requirements regarding land use and business activity such as business

3.E.2
Attachment: City of Arvin Policy Guidelines for Leasing City Property_Adopted Jan 26, 2021 (Arvin Community Center Lease Agreement - Arts 01159.0001/683989.4 Page 5 of 5 Pages
license requirements and obtaining all necessary permits for use of the property.

Failure to do so will constitute a breach of the lease or sublease agreement.

K. Broker Commission. Generally City will not pay a leasing commission.

L. Guaranty. If appropriate, City may require a personal guaranty of the lease by a third party.

M. Recordation. All leases must be recorded pursuant to Government Code Section 37393.

N. Approved Lease Terms Prevail. Notwithstanding anything in this policy, the terms and conditions of the lease agreement, as approved by City Council, shall govern the relationship between City and tenant, and in the event of any conflict between this policy and the lease agreement, the lease agreement shall prevail.

O. Approval and Execution Process. If the City Manager and City Attorney have approved the lease, it shall be publicly noticed on the City Council agenda. Prior to the City Council meeting, tenant shall execute and acknowledge two copies of the proposed lease and deliver same to the City Manager together with the security deposit and first month’s rent.

7. Applicability to Current Leases; Lease Renewals.

This policy shall only apply prospectively, beginning on the date that this policy is adopted by the City Council, and shall apply both to new leases and to discretionary renewals of current leases.

A. Current and Future Fixed-Term Leases. Current and future lessees of City property with a fixed-term lease, who are seeking renewal of the lease, shall submit an application to the City, in accordance with Section 4 of this policy, at least 3 months prior to termination of the lease. Failure to do so may result in non-renewal of the lease.

B. Current Month-to-Month Tenants. Lessees with a current month-to-month lease as of the date that this policy was adopted shall submit an application to the City, in accordance with Section 4 of this policy, no later than 6 months following the adoption of this policy by the City Council. Failure to do so may result in termination of the lease by the City.

C. No Interference with Current Leases. Nothing in this policy shall be interpreted to modify the terms and conditions of any current lease agreement between the City and a lessee of City property.

3.E.2
Attachment: City of Arvin Policy Guidelines for Leasing City Property_Adopted Jan 26, 2021 (Arvin Community Center Lease Agreement - Arts

3.E.3
Attachment: Application for Lease of City Facility_Arts Council of Kern_082322_Redacted (Arvin Community Center Lease Agreement - Arts

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RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:

Attention: City Clerk
City of Arvin
200 Campus Drive
Arvin, CA 93203
Portion of APN 192-090-04-00-9 [SPACE ABOVE FOR RECORDER’S USE ONLY] Exempt from filing/recording fees per Govt. Code §27383 AGREEMENT NO. _______

LEASE AGREEMENT
This Lease Agreement (“Lease”) is made and entered into on this _____ day of ________________, 2022 (“Lease Date”), by and between the CITY OF ARVIN, a municipal corporation (“Landlord”) and the Arts Council of Kern County, a California non-profit organization (“Tenant”). Landlord and Tenant are sometimes individually referred to as a “Party” and jointly as the “Parties.”
RECITALS:

A. Landlord owns that certain real property located at 800 Walnut Drive, Arvin California 93203, commonly referred to as The Arvin Community Center, which is legally described on Exhibit A attached hereto and incorporated herein by reference (“Real Property”). The Real Property is a community center building complex with five suites, bordered by Walnut Drive, Bush Street/Monroe Street, Durham Street and Meyer Street; legally described as a portion of APN 192-090-04-00-9. (“Building”).

B. Tenant desires to lease from Landlord and Landlord desires to lease to Tenant a portion of the Building pursuant to the terms set forth herein.

NOW, THEREFORE, the parties agree as follows:

1. Lease Premises; Statutory Notice.

1.1. Lease Premises. Subject to the terms of this Lease, Landlord hereby Leases to Tenant and Tenant hereby leases from Landlord, for Tenant’s exclusive

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use (i) that portion within the Building as depicted on Exhibit B attached hereto consisting of the Office Space located at 800 Walnut Drive, Arvin California 93203, Main Recreation Hall Area with Kitchen. (“Lease Premises)

1.2. Common Areas. Excluding the Lease Premises, the portions of the Real Property such as the trash and recycle areas, common hallways, restrooms, driveways, parking areas, landscaping, walkways, and sidewalks are hereinafter referred to as the (“Common Areas.”)

1.3. Reserved Rights. Landlord shall have the right from time to time, in Landlord’s sole discretion, to do any of the following without Tenant’s consent but on not less than twenty-four (24) hours’ notice to Tenant:
i. To make changes to the Common Areas;
ii. To temporarily close any of the Common Areas for maintenance purposes, so long as reasonable access to the Lease Premises remains available;
iii. To add additional buildings and improvements to the Common Areas; iv. To use the Common Areas while engaged in making additional improvements, repairs, or alterations to the Lease Premises, or other portions of the Building; and
v. To do or perform such other acts or make such other changes in, to or with respect to the Common Areas as Landlord may, in the exercise of its reasonable judgment, deem to be appropriate.

1.4. Parking. There is no long-term or permanent parking of any vehicles permitted. Vehicles left parked overnight will be subject to possible towing by the Landlord at the owner’s expense. Landlord will not be responsible for any damage or theft to cars parked on the premises at any time.

1.5. Statutory Disclosure Notice. Pursuant to California Civil Code Section 1938, Tenant is advised that the Lease Premises has not undergone inspection by a Certified Access Specialist (CASp) and, therefore, Landlord is not aware if the Lease Premises complies with the applicable constructionrelated accessibility standards pursuant to Civil Code Section 55.53.

2. Term; Right to Terminate.

2.1. Term. This Lease shall commence on ________________, 2022 (“Effective Date”) and be a month to month lease. (“Term”)

2.2. Landlord’s Right to Terminate. At anytime, with or without cause, Landlord may terminate this Lease upon thirty (30) days written notice. Tenant shall remain obligated to pay Rent for the remaining period prior to termination of

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the Lease. Tenant shall surrender the Lease Premises in the condition described herein (Section 25) and Tenant shall not be eligible for moving or relocation expenses.

2.3. Recordation. Within ten (10) business days of the execution and acknowledgement of this Lease by both parties, Landlord shall cause a copy of this Lease to be recorded in the Official Records of Kern County (“Official Records”) pursuant to Government Code Section 37393. Upon termination or exercise of any rights under this Lease or an amendment of this Lease, the parties shall record a copy thereof in the Official Records. Upon termination of the Lease, Tenant shall promptly execute, acknowledge and deliver to Landlord any documents reasonably requested by Landlord in order to terminate the Lease in the Official Records.

3. Rent and Other Consideration.

3.1. Basic Rent. City property generally will be leased for fair market rent although other public benefits will be considered. Leases for fair market rent will include provisions for annual or periodic rent increases to ensure the rent amount remains at fair market value throughout the term of the lease. First month’s rent shall be paid at the time of the lease execution by City. City may approve leases for below fair market value if the tenant is a non-profit or government agency and provides significant and beneficial services or programs to City residents through the leased property, which are not already available in the City or are in short supply. In determining whether to offer a below-fair-market rent, the City will also consider whether the proposed tenant charges market rates for its services and programs or whether it offers them at a subsidized rate. A lease with lower than fair market rent shall require the tenant to provide the services or programs on an ongoing basis throughout the term of the lease and to provide City with regular documentation of such services and programs, and shall provide that rent will revert to market value if the tenant ceases to provide the services and programs or ceases to be a tax-exempt entity. City may approve leases with below-fair-market rent for a short time period to start-up businesses with demonstrated potential to create significant economic development in the City, provided that the rent shall be increased to fair market rent after a set time period or upon achievement of specified financial milestones by the tenant, as determined by City.

On the Effective Date and on the first (1st) day of each month during the Term, Tenant shall pay to Landlord the sum of one thousand four hundred twenty one dollars ($1,421.00) per month (“Base Rent”). However, because Lessee is non-profit organization or government agency and provides significant and beneficial services or programs to City residents through the leased property, which are not already available in the City or are in short supply, City agrees to reduce the Base Rent and lease the Premises to Lessee for one dollar ($1.00) per year ("Reduced Rent"). Should Lessee

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cease to provide the significant and beneficial services or programs to City residents through the leased property, Lessee agrees that the rent due shall revert back to the Base Rent as stated above.

Payment shall be made to the City of Arvin, Post Office Box 548, Arvin, California 93203 on the first day of each month.

3.2. Base Rent Increase. On each anniversary of the Effective Date, Landlord, in its sole discretion and upon thirty (30) days’ written notice to Tenant, may adjust the Base Rent effective each anniversary of the Effective Date (“Anniversary Date”) during the Term by the Percentage Increase (but not more than three percent (3%) per lease year) in the “Consumer Price Index factor for the Bakersfield-Delano area. “Percentage Increase” shall mean the percentage equal to a fraction, the numerator of which shall be the change in the Index from the third month preceding the Effective Date to the third (3
rd) month preceding the current anniversary of the Effective Date. In no event shall the Base Rent decrease from the amount previously being paid under this Lease.

3.3. Miscellaneous. All Base Rent shall be paid in advance without notice, demand, deduction or offset on or before the first day of each calendar month during the Term of this Lease. Rent for any period during the Term which is less than one (1) month shall be prorated, assuming a thirty (30) day month.

Rent shall be paid to Landlord in lawful money of the United States of America, to Landlord at City of Arvin, Post Office Box 548, Arvin, California 93203 Attention: Finance Director, or at such other place as Landlord may designate in writing. All sums which may be due from Tenant under this Lease are deemed “Rent”.

3.4. Late Charge. If any Base Rent is not received by Landlord within ten (10) days of the due date, Tenant shall pay to Landlord an additional sum of ten percent (10%) of the overdue amount as a late charge, which is agreed to represent a reasonable estimate of the costs incurred by Landlord on account of such delinquency. Acceptance of a late charge shall not constitute a waiver of Tenant's default with respect to the overdue amount or prevent Landlord from exercising any of the other rights and remedies available to Landlord.

4. Security Deposit. Tenant is required to provide a security deposit to Landlord.

As of the Effective Date, Tenant shall deliver to Landlord the sum of one thousand dollars ($1,000.00) to be held during the entire Lease Term as security for the faithful performance by Tenant of all of its obligations under this Lease (“Security Deposit”). If Tenant defaults with respect to any provisions of this Lease, including, but not limited to, the provisions relating to the payment of Rent, Landlord may, without notice to Tenant, but shall not be required to apply all or any part of the Security Deposit for the payment of any Rent or any other sum in

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default and Tenant shall, upon demand therefor, restore the Security Deposit to its original amount. Any unapplied portion of the Security Deposit shall be returned to Tenant within sixty (60) days following the termination of this Lease. Tenant shall not be entitled to any interest on the Security Deposit and Landlord shall have the right to commingle the Security Deposit with Landlord's other funds. Tenant hereby waives the provisions of Section 1950.7 of the California Civil Code and all other provisions of law, now or hereafter in effect, which (i) establish the time frame by which a landlord must refund a security deposit under a lease, and/or (ii) provide that a landlord may claim from a security deposit only those sums reasonably necessary to remedy defaults in the payment of rent, to repair damage caused by a tenant or to clean the Lease Premises, it being agreed that Landlord may, in addition, claim those sums specified in this Section 4 and/or those sums reasonably necessary to compensate Landlord for any loss or damage caused by Tenant's default of this Lease, including, but not limited to, all damages or rent due upon termination of this Lease pursuant to Section 1951.2 of the California Civil Code.

5. Use of Premises.

5.1. Use. Tenant shall only use the Lease Premises to provide, support, and promote arts access, advocacy, activities and education for senior citizens in Arvin, CA. Usage of the Premises shall only occur on weekdays during the hours of 9am to 1pm and occasional weekends during the hours of 9am to 6pm, unless authorized by the City. Tenant shall not use or permit the Lease Premises to be used for any other purpose without the prior written consent of Landlord.

5.2. Compliance with Law. Tenant shall, at its sole cost and expense, promptly comply with all laws, statutes, ordinances and other governmental rules, regulations or requirements now in force or which may hereinafter be enacted or promulgated, relating to, or affecting Tenant’s use or occupancy of the Lease Premises.

5.3. Prohibitions. Tenant shall not do or permit anything to be done in or about the Lease Premises which will in any way obstruct or interfere with the rights of other parties, Landlord’s use of the Building, or injure or annoy them or use or allow or permit the Lease Premises to be used for any improper, immoral, unlawful or objectionable purpose. Tenant shall not cause, maintain or permit any nuisance in or about the Lease Premises, nor commit or suffer to be committed any waste or storage of any environmental hazardous materials in or upon the Lease Premises. Tenant shall not do or permit anything to be done in or about the Lease Premises, nor bring or keep anything therein, which will in any way increase the existing rate of or affect any fire or other insurance upon the Lease Premises, or part thereof, or the contents of the Lease Premises, or cause cancellation of any insurance policy covering the Lease Premises, or part thereof, or its contents.

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Tenant shall not allow any animals on the Premises except service dogs as defined in federal and state law.

Tenant shall not permit smoking or vaping inside any area of the Lease Premises. Persons wishing to smoke outside shall do so at a minimum of twenty (20) feet distance from any Lease Premises entrance, exit and operable window. Persons wishing to smoke are responsible for disposing of cigarette butts in an appropriate receptacle.

Tenant and their employees are advised of their responsibility to maintain direct supervision of any and all minor children present at their Lease Premises.

Tenant and their employees are expressly prohibited from using, allowing to be used or bringing any illegal drug or narcotic (under either Federal or state law) onto Lease Premises. In the interest of safety, anyone known to be under the influence of drugs and/or alcohol must be asked to, and shall, leave the Lease Premises immediately.

5.4. AS-IS. Tenant has had an opportunity to inspect the Lease Premise prior to the Effective Date and accepts it in AS-IS condition without any representations or warranties of any nature or kind whatsoever from Landlord.

Tenant assumes all responsibility and expense of repairing, restoring or fixing the interior of premises so that they are suitable for the permitted uses.

5.5. Matters of Record. This Lease is subject to all existing easements, covenants, servitudes, licenses, rights-of-way and all matters of record with respect to the Common Area.

6. Maintenance and Repairs.

6.1. Tenant’s Duties. Tenant shall, at Tenant’s sole cost and expense, maintain the interior non-structural portions of the Lease Premises (including doors and glass) in good condition and repair at all times and, upon the expiration or sooner termination of this Lease, surrender the Lease Premises in good condition and repair, reasonable wear and tear excepted. Should Tenant fail to vacate the Lease Premises in a clean and undamaged condition, Landlord may arrange for the cleaning and/or repair of the Lease Premises, the cost of which will promptly be reimbursed by Tenant.

6.2. Landlord’s Duties.

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6.2.1. Structural Elements. Landlord shall, at Landlord’s sole cost and expense, maintain the structural elements of the Building including building systems, plumbing, electrical, HVAC and other building or structural systems and the parking areas in good condition and repair.

Landlord shall not be required to make repairs necessitated by reason of (1) negligence or willful misconduct of Tenant, or any of Tenant’s staff, volunteers, contractors, invitees, employees, clients or customers; (2) by reason of failure of tenant to perform or observe and promptly report to Landlord any conditions the repair of which are Landlord’s responsibility; or (3) by reason of the failure of Tenant to perform or observe the conditions or agreements in this Lease, or caused by unauthorized alterations, additions or improvements made by Tenant or anyone claiming under Tenant. Tenant shall be solely responsible, at its cost and expense to repair any Tenant caused damage.

6.3. Common Areas. Landlord shall maintain the Common Areas in good condition and repair at all times.

7. Alterations and Additions. Tenant shall not make or suffer to be made any alterations, additions or improvements in, to or about the Lease Premises or any part thereof without the prior written consent of Landlord. Any alterations, additions or improvements in, to or about the Lease Premises including, but not limited to, wall coverings, carpeting, paneling and built-in cabinet work, but excepting Tenant’s movable furniture and trade fixtures, shall, on the expiration of the Term, and any extensions thereof, become a part of the realty and belong to Landlord and shall be surrendered with the Lease Premises.

8. Signs. Tenant shall not place any sign upon the Lease Premises without Landlord’s prior written consent. If Landlord consents to any sign, such sign shall be installed or affixed in the receptacle provided for such sign only. Landlord shall not unreasonably withhold its consent to a reasonable sign which Tenant, at Tenant’s sole cost and expense, may install in compliance with Landlord’s requirements and in compliance with all applicable municipal ordinances. Any damage to the Lease Premises occasioned by the installation, maintenance or removal of such sign shall be borne by the Tenant.

9. Utilities. Tenant shall pay, before delinquency, for all charges for telephone service, internet, and all other services and utilities used in, upon or about the Lease Premises by Tenant during the entire Lease. Tenant shall also be responsible for arranging such services directly with the utility service providers.

No modifications to the Lease Premises (including any installations to the walls or roof) shall be made by Tenant’s service providers without the prior written consent of Landlord. Furthermore, Landlord shall not provide or be responsible for the use of emergency generator services to Tenant.

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10. Claims Against Premises. Tenant shall not suffer or permit to be enforced against the Lease Premises, or any part thereof, any mechanic’s, materialman’s, contractor’s or subcontractor’s liens arising from any claim for any work of construction, repair, restoration, replacement or improvement of or to the Lease Premises or any other claim or demand how ever the same may arise, but Tenant shall pay or cause to be paid any and all such claims or demands before any action is brought to enforce the same against the Lease Premises. Tenant agrees to indemnify and hold Landlord and the Lease Premises free and harmless of all liability for any and all such claims and demands, together with Landlord’s reasonable attorneys’ fees and all costs and expenses in connection with any such claims or liens.

11. Real and Personal Property Taxes. Tenant shall pay, or cause to be paid, before delinquency, any and all taxes levied or assessed and which become payable during the term hereof upon all of Tenant’s possessory interest in and to the Lease Premises, leasehold improvements, equipment, furniture fixtures and personal property located in or about the Lease Premises. Tenant specifically acknowledges that the interest granted under this Lease may be subject to possessory interest taxes. Tenant agrees that, without prior demand or notice by Landlord, Tenant shall, not less than fifteen (15) days prior to the day upon which any such possessory interest or other such tax is due, provide Landlord with proof of payment of such tax.

12. Rules and Regulations. Tenant shall faithfully observe and comply with all the rules and regulations promulgated by Landlord from time to time. Any additions and modifications to those rules and regulations shall be binding upon Tenant upon delivery of a copy thereof to Tenant.

13. Holding Over. Tenant has no right to retain possession of the Lease Premises or any part thereof beyond the expiration or earlier termination of this Lease. Any holding over after the expiration of the term of this Lease, with the consent of the Landlord shall be a tenancy from month-to-month with Base Rent payable each month. The tenancy is cancelable upon thirty (30) days’ written notice upon the terms and conditions that existed during the last year of the Term.

14. Entry by Landlord. Tenant agrees that representatives of Landlord, as designated by Landlord, shall, during normal business hours, or outside normal business hours in the event of an emergency, have the right to enter the Lease Premises and inspect the same to determine if the same complies with each and every term and condition of this Lease and with all applicable municipal, county, state and federal laws, rules, ordinances and regulations relating to building occupancy and the conduct of Tenant’s business. Tenant waives any claim for damages or for any injury or inconvenience to or interference with Tenant’s business, any loss of occupancy or quiet enjoyment of the Lease Premises, and any loss occasioned thereby. For each of the aforementioned purposes, Landlord shall at all times have and retain a key with which to unlock all of the doors in,

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upon and about the Lease Premises, excluding Tenant’s vaults, safes and files, and Landlord shall have the right to use any and all means which Landlord may deem proper to open said doors in an emergency in order to obtain entry to the Lease Premises without liability to Tenant, except for any failure to exercise reasonable care for Tenant’s property. Any entry to the Lease Premises obtained by Landlord by any of said reasons, or otherwise, shall not, under any circumstances, be construed or deemed to be a forcible or unlawful entry into, or a detainer of, the Lease Premises, or an eviction of Tenant from the Lease Premises or any portion thereof.

15. Damage. In the event the Lease Premises are destroyed or damaged by fire or other casualty or act of God as to be rendered uninhabitable (“Casualty”), this Lease may be terminated by either party in its sole discretion upon written notice to Tenant within thirty (30) days of such occurrence. If the Lease is not terminated by Landlord or Tenant, Tenant shall be responsible to repair the damage to the Lease Premises and Landlord shall be responsible to repair any damage to the Building (other than the Lease Premises) or Common Areas unless such was caused by Tenant or its employees, agents or invitees in which event Tenant shall, at its sole cost and expense repair the damage.

16. Repair of Damage by Landlord. Tenant agrees to notify Landlord in writing promptly of any damage to the Lease Premises resulting from a Casualty, as defined above. If the Lease Premises are damaged by a Casualty or any Common Areas of the Building providing access to the Lease Premises are damaged by a Casualty such that Tenant does not have reasonable access to the Lease Premises and neither Landlord nor Tenant has elected to terminate this Lease, Landlord shall promptly and diligently restore such Common Areas to substantially the same condition as existed before the Casualty, except for modifications required by building codes and other laws and except for any other modifications to the Common Areas considered desirable by Landlord. In making these modifications, Landlord shall reasonably endeavor to avoid impairing Tenant’s access to the Lease Premises. Landlord’s obligation to restore is subject to the availability of insurance proceeds and shall further be subject to reasonable delays for insurance adjustments and other matters beyond Landlord’s reasonable control and subject to the other clauses of this Lease. If Tenant requests that Landlord modify Tenant improvements in connection with the rebuilding, Landlord may condition its consent to those modifications on:
a. Tenant’s payment to Landlord before construction is begun of any sums in excess of the amount of insurance proceeds received by Landlord that are needed to complete the restoration of Tenant improvements; and b. Confirmation by Landlord’s architect or contractor that the modifications will not increase the scope of work or the time necessary to complete Tenant improvements.

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17. Waiver of Relocation, Goodwill and Condemnation. Tenant knowingly and voluntarily acknowledges and agrees upon its vacation of the Lease Premises at the end of the Lease term, upon the sooner termination thereof, for any reason or vacation of the Lease Premises under any circumstances, in no event shall Tenant be entitled or shall Landlord, including its employees, agents and assignees, be required to provide any relocation benefits, compensation for loss of goodwill, or assistance under any applicable federal, state or local laws or regulations including without limitation, Uniform Relocation Assistance Laws, California Government Code section 7260, et seq. Further, Tenant being fully informed of any and all of its rights and obligations and all laws and regulations (including without limitation, the Uniform Relocation Assistance Laws, California Government Code section 7260, et seq.) in connection therewith fully waives, releases and rejects any all relocation assistance and benefits relating to or in any respect connected with Tenant vacating the Lease Premises.

Tenant knowingly and voluntarily acknowledges and agrees upon its vacation of the Lease Premises at the end of the Term, upon the sooner termination thereof for any reason, or vacation of the Lease Premises under any circumstances, in no event shall Tenant be entitled or shall Landlord be required to provide any compensation or consideration to Tenant for the leasehold interest of Tenant, improvements pertaining to realty, personal property, fixtures and equipment, precondemnation damages, severance damages or interest and litigation expenses, whether based on condemnation, inverse condemnation or any other reason.

Upon vacation of the Lease Premises or termination of the Lease, Tenant knowingly waives and surrenders any claims or rights to the leasehold interest, improvements pertaining to really, personal property, fixtures and equipment, precondemnation damages, severance damages or interest and litigation expenses.

18. Estoppel Certificate. Tenant shall, at any time and from time to time, upon not less than ten (10) days’ prior written notice from Landlord, execute, acknowledge and deliver to Landlord a statement in writing (a) certifying that this Lease is unmodified and in full force and effect or, if modified, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effect and the date to which the rental and other charges are paid in advance, if any; and (b) acknowledging that there are not, to Tenant’s knowledge, any uncured defaults on the part of Landlord hereunder, or specifying such defaults on the part of Landlord hereunder, or specifying such defaults if any are claimed. Any such statement may be relied upon by any prospective purchaser or encumbrancer of all or any portion of which the Lease Premises are a part.

19. Assignment and Subletting. Tenant shall not assign or transfer this Lease or any right hereunder to any other party or parties, nor shall Tenant sublet all or any portion of the Lease Premises without first obtaining the written consent of Landlord which Landlord may withhold in its sole and absolute discretion. Any transfer, assignment or subletting of the Lease Premises without such prior written

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consent shall be void for all purposes. Consent to any such transfer, assignment or subletting shall be at Landlord’s sole discretion.

20. Indemnification. Tenant shall defend, indemnify, and hold Landlord harmless from, and reimburse Landlord for, any loss, cost, expense, liability, or damages of every kind or nature, including but not limited to injury to or death of any person or destruction of the Lease Premises in connection with or related to, the use by Tenant or any third party (including officers, directors, employees and invitees) of the Lease Premises or any facilities located thereon in connection with the business being conducted by Tenant. In addition, Tenant shall defend, indemnify, and hold Landlord harmless from any breach or default in the performance of any obligation to be performed by Tenant under this Lease, any violation of governmental law or regulation, or any intentional misconduct or negligence of Tenant, or any officer, agent, employee, guest, or invitee of Tenant, regardless of whether such intentional misconduct or negligence was active or passive.

In the event of the occurrence of any event which is an indemnifiable event pursuant to this Section, Tenant shall notify Landlord promptly and, if such event involves the claim of any third person, Tenant shall assume all expenses with respect to the defense, settlement, adjustment, or compromise of any claim; provided that Landlord may, if it so desires, employ counsel at its own expense to assist in the handling of such claim. Tenant shall obtain the prior written approval of Landlord before entering into any settlement, adjustment or compromise of such claim. Tenant shall reimburse Landlord or any third party (including officers, directors, and employees of Landlord) for any legal expenses and costs incurred in connection with or in enforcing the indemnity herein provided. All indemnification obligations hereunder shall survive the expiration or termination of this Lease.

Notwithstanding the generality of the foregoing, Tenant’s obligation to indemnify Landlord shall not extend to liability solely caused by the gross negligence or willful misconduct of Landlord, its officers, employees or agents on the Lease Premises, or events or activities conducted by Landlord.

21. Insurance. Tenant shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to Landlord during the entire Term, and any extension thereof, the following policies of insurance:
a. Personal Property Insurance. Throughout the Term, and any extensions thereof, Tenant shall, at its sole cost and expense, maintain fire and extended coverage insurance written on a per occurrence basis on its trade fixtures, equipment, personal property and inventory within the Lease Premises from loss or damage to the extent of their full replacement value. b. Commercial General Liability Insurance. Throughout the Term, at Tenant’s sole cost and expense, Tenant shall keep or cause to be kept in full force and effect, for the mutual benefit of Landlord and Tenant, comprehensive broad form commercial general public liability insurance in

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an amount not less than One Million Dollars ($1,000,000) per occurrence, Two Million Dollars ($2,000,000) general aggregate, for bodily injury, personal injury, and property damage arising from the use, occupancy, disuse, or condition of the Lease Premises, improvement, adjoining areas or ways, including without limitation, blanket contractual liability. c. Worker’s Compensation Insurance. Tenant shall, at its sole cost and expense, maintain a policy of Worker’s Compensation Insurance in such amount as will fully comply with the laws of the State of California. d. Policy Form, Contents and Insurer. All insurance required by express provision of this Lease shall be carried only in responsible insurance companies licensed to do business in the State of California. All such policies shall contain language to the effect that: (1) the policies are primary and noncontributing with any insurance that may be carried by Landlord; (2) they cannot be canceled or materially altered except after thirty (30) days’ notice by the insurer to Landlord; and (3) shall list Landlord, its officers, agents and employees as additional insureds. The insurers shall waive all rights of contribution they may have against Landlord, its officers, employees and agents and their respective insurers. Prior to the Effective Date, Tenant shall provide Landlord with certificates of insurance or appropriate insurance binders together with full copy of the policies evidencing the above insurance coverages written by insurance companies with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide. In the event any of said policies of insurance are cancelled or expire, Tenant shall, prior to the cancellation or expiration date, submit new evidence of insurance in conformance with this Section to Landlord. Tenant may effect for its own account any insurance not required under this Lease. Upon thirty (30) days prior written notice, Landlord may modify or add additional requirements and may increase the amount of coverage required.
e. Failure to Maintain Insurance; Proof of Compliance. If Tenant fails or refuses to procure or maintain insurance required by this Lease, or fails or refuses to furnish Landlord with required proof that the insurance has been procured and is in full force and paid for, Landlord shall have the right but not the obligation, at Landlord’s election and on ten (10) days’ notice, to procure and maintain such insurance. The premiums paid by Landlord shall be treated as added rent due from Tenant with interest at the rate of ten percent (10%) per year or the maximum allowable legal rate in effect in the State of California on the date when the premium is paid, whichever is higher, to be paid on the first day of the month following the date on which the premium was paid. Landlord shall give prompt notice of the payment of such premiums, stating the amounts paid and the names of the insurer or insurers, and interest shall run from the day of the notice. Notwithstanding

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that Landlord may secure policies under this Section, the failure of Tenant to obtain and maintain insurance under this Lease shall also constitute a material default by Tenant.

22. Default. The occurrence of any one or more of the following events shall constitute a default and breach of this Lease by Tenant:
a. The failure by Tenant to make any payment of Base Rent or any other payment required hereunder to Landlord within five (5) days after written notice from Landlord of Tenant’s failure to pay any such obligation when due under this Lease.
b. Use of Lease Premises for any purpose other than as authorized in this Lease;
c. Vacating or abandonment of the Lease Premises by Tenant; d. Failure to provide insurance in accordance with Section 21; e. A failure by Tenant to observe or perform any covenants, conditions or provisions of this Lease (other than payment of money), if the failure to perform is not cured within thirty (30) days of receiving written notice of the default from the Landlord. If the default cannot be reasonably cured within thirty (30) days, Tenant shall not be in default of this Lease if Tenant commences to cure the default within the thirty (30) day period and diligently and in good faith continues to cure the default.
f. The making by Tenant of any general assignment for the benefit of creditors, g. Filing of a voluntary petition in bankruptcy or the adjudication of Tenant as bankrupt.
h. Appointment of a receiver to take possession of all or substantially all the assets of Tenant located at the Lease Premises or of Tenant’s leasehold interest in the Lease Premises.
i. Filing by any creditor of the Tenant of an involuntary petition in bankruptcy which is not dismissed within sixty (60) days after filing. j. Attachment, execution or other judicial seizure of all or substantially all of the assets of Tenant or Tenant’s leasehold where such an attachment, execution or seizure is not discharged within sixty (60) days.

Any notice required to be given by Landlord under this Section 22 shall be in lieu of and not in addition to any notice required under Section 1161 of the California Code of Civil Procedure.

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23. Remedies on Default. In the event of any such material default or breach by Tenant, Landlord may at any time thereafter and without notice or demand and, without limiting Landlord in the exercise of a right or remedy Landlord may have by reason of such default or breach:
a. Termination of Lease Tenant’s right to possession of the Lease Premises by any lawful means, in which case this Lease shall terminate and Tenant shall immediately surrender possession of the Lease Premises to Landlord. In such event, Landlord shall be entitled to recover from Tenant all damages incurred by Landlord by reason of Tenant’s default including, but not limited to, the cost of recovering possession of the Lease Premises, expenses of reletting, including necessary renovation and alteration of the Lease Premises, for reasonable attorneys’ fees and costs, any real estate commission actually paid, or the worth at the time of the award of the unpaid rent which had been earned at the time of the termination; the worth at the time of award of the amount by which the unpaid rent which would have been earned after termination until the time of award exceeds the amount of such rent that Lessee proves could have been reasonably avoided; and any other amount necessary to compensate the Landlord for all the detriment proximately caused by the Tenant’s failure to perform Tenant’s obligations under this Lease.
b. Maintain Tenant’s right to possession, in which case this Lease shall continue in effect whether or not Tenant shall be entitled to enforce all of Landlord’s rights and remedies under this Lease, including the right to recover Rent as it becomes due hereunder.
c. Pursue any other remedy now or hereafter available to Landlord under the laws or judicial decisions of the State of California. Furthermore, Tenant agrees that no election by Landlord as to any rights or remedies available hereunder or pursuant to any law or judicial decisions of the State of California shall be binding upon Landlord until the time of trial of any such action or proceeding.
d. Take custody of all personal property owned by Tenant on the Premises and to dispose of the personal property and to apply the proceeds from any sale of that property to Tenant’s obligations under this Lease.

24. Waiver. The waiver by Landlord of any term, covenant or condition herein contained shall not be deemed to be a waiver of such term, covenant or condition on any subsequent breach of the same or any other term, covenant or condition herein contained. Acceptance of late payment of Base Rent by Landlord shall not be deemed to be a waiver of any preceding breach by Tenant of any term, covenant or condition of this Lease, other than the failure of Tenant to pay the particular rental so accepted, regardless of Landlord’s knowledge of such preceding breach at the time of acceptance of such Base Rent.

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25. Surrender of Leased Premises. Upon expiration or termination of this Lease, Tenant shall deliver to Landlord physical possession of the Lease Premises and the Leased Personal Property in good condition and repair, reasonable wear and tear.

26. Time. Time is of the essence of this Lease and each and all of its provisions.

27. Inability to Perform. This Lease and the obligations of Tenant hereunder shall not be affected or impaired because Landlord is unable to fulfill any of its obligations hereunder or is delayed in doing so, if such inability or delay is caused by reason of strike, war, civil insurrection, acts of God, or any other cause beyond the reasonable control of Landlord.

28. Sale of Premises by Landlord. In the event of any sale of the Lease Premises, Landlord shall be and hereby is entirely freed and relieved of all liability under any and all of the covenants and obligations contained in or derived from this Lease arising out of any act, occurrence or omission occurring after the consummation of such sale. The purchaser, at such sale or any subsequent sale of the Lease Premises, shall be deemed, without any further agreements between the parties or their successors in interest or between the parties and any such purchaser, to have assumed and agreed to carry out each and all of the covenants and obligations of Landlord under this Lease.

29. Successors. The covenants herein contained shall, subject to the provisions as to assignment, apply to and bind the heirs, successors, executors, administrators and assigns of all the Parties hereto, and each and all, including the Party making the assignment, shall be jointly and severally liable hereunder.

30. Notices. Any notices, demands or communications under this Agreement between the parties shall be in writing, and may be given by (i) personal service, (ii) overnight delivery, or (iii) mailing via United States mail, certified mail, postage prepaid, return receipt requested, addressed to each party as set forth below or such other address as may be furnished in writing by a party, and such notice or communication shall, if properly addressed, be deemed to have been given (a) as of the date so delivered under delivery methods (i) or (ii) above, or (b) three (3) business days after deposit into the U.S. Mail.

Tenant: Arts Council of Kern County
2001 22nd St., Suite 200
Bakersfield, CA 93301
Attention: Cynthia Hallstrom, Interim Executive Director Landlord: City of Arvin
200 Campus Drive
Arvin, California 93203
Attention: City Manager

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Copy to: Hodges Law Group
Attn: Nathan Hodges
1925 G Street
Bakersfield, California 93301

31. Execution by Landlord Not a Waiver. Tenant understands and agrees that Landlord, by entering into and executing this Lease, shall not have waived any right, duty, privilege, obligation or authority vested in Landlord with respect to the Lease Premises to approve, disapprove or conditionally approve any application which Tenant may be required to make under any laws, rules, ordinances or regulations now or hereafter in effect which said Landlord may be empowered to apply including, but not limited to, any use permit or approval, whether similar in nature or not.

32. Entire Agreement. This Lease contains the entire agreement between the parties. No promise, representation, warranty, or covenant not included in this Lease has been or is relied on by either party. Each party has relied on his own examination of this Lease, the counsel of his own advisors, and the warranties, representations, and covenants in the Lease itself. The failure or refusal of either party to inspect the Lease Premises or improvements, to read the Lease or other documents or to obtain legal or other advice relevant to this transaction constitutes a waiver of any objection, contention, or claim that might have been based on such reading, inspection, or advice.

33. Construction. This Lease shall be construed according to its fair meaning as if prepared by both parties. Headings used in this Agreement are provided for convenience only and shall not be used to construe meaning or intent.

34. Attorneys’ Fees. In the event that any action or proceeding is brought by either party to enforce any term or provision of this Lease, the prevailing party shall recover its reasonable attorneys’ fees and costs incurred with respect thereto.

35. Authority of Parties. Each individual executing this Lease on behalf of Tenant represents and warrants that he or she is fully authorized to execute and deliver this Lease on behalf of Tenant and that this Lease is binding upon Tenant in accordance with its terms.

36. Governing Law. This Lease shall be governed by, interpreted under, and construed and enforced in accordance with the laws of the State of California.

37. Jurisdiction. If any legal action is necessary to enforce the terms and conditions of this Agreement, the parties agree that a court of competent jurisdiction in the County of Kern shall be the sole venue and jurisdiction for the bringing of such action.

38. Severability. If any paragraph, section, sentence, clause, or phrase contained in this Lease shall become illegal, null or void, against public policy, or

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otherwise unenforceable, for any reason, or held by any court of competent jurisdiction to be illegal, null or void, against public policy, or otherwise unenforceable, the remaining paragraphs, sections, sentences, clauses or phrases contained in the Lease shall not be affected thereby.

39. Recordation of Lease. In accordance with Government Code Section 37393, this Lease shall be recorded in the Official Records of Los Angeles County.

Upon extension of the Term or any exercise of rights under this Lease to terminate, the parties shall execute and record an amendment to this Lease. Tenant shall cooperate with executing any documents reasonably required to effect this provision. Upon termination of the Lease, Tenant shall execute and acknowledge any documents reasonably requested by Landlord in order to terminate the Lease of record. This obligation shall survive termination of this Lease for any reason.

40. Interest. Any sum due to the Landlord under this Lease shall bear simple interest from and after its due date at a rate equal to ten percent (10%) per month until paid to Landlord, but not in excess of the maximum rate permitted by law.

41. Amendment or Modification. Any modification or amendment of any provision of this Agreement must be in writing executed by both Parties and approved by the Landlord in accordance with applicable law.

42. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original but all of which shall be deemed but one and the same instrument, and a facsimile copy of such execution shall be deemed an original.

43. Non-Discrimination: Tenant herein covenants by and for Tenant, Tenant’s successors, heirs, executors, administrators and assigns, and all persons claiming under or through Tenant, and this Lease is made and accepted upon and subject to the following conditions: that there shall be no discrimination against or segregation of any person or group of persons, on account of race, color, creed, religion, sex, marital status, national origin or ancestry, in the use, occupancy, tenure or enjoyment of the Lease Premises.

44. Acknowledgment:. Each Party acknowledges that they have read and fully understand the contents of this Lease and have had an opportunity to consult with an attorney regarding the same. This Lease represents the entire and integrated agreement between the Parties with respect to the subject matter hereof and supersedes all prior negotiations, representations and agreements, either written or oral.

NOW, THEREFORE, the parties hereto have entered into the Lease as of the Lease Date.

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TENANT: LANDLORD:

ARTS COUNCIL OF KERN COUNTY
a California non-profit organization
By: _______________________
(Signature)

Name: ____________________
(Print)
Title: _____________________
Dated: _______________, 2022

CITY OF ARVIN
a municipal corporation
By: _____________________________
Jeff Jones, City Manager
Dated: ________________, 2022
ATTEST:

By: ____________________
Cecilia Vela, City Clerk
APPROVED AS TO FORM:

Hodges Law Group
By: ___________________
Nathan Hodges
City Attorney

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EXHIBIT A

LEGAL DESCRIPTION
Portion of City of Arvin, Block FHC, Lot 2230 (APN 192-090-04-00-9)

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EXHIBIT B

LEASE PREMISES
DESCRIPTION AND DEPICTION OF THE “PREMISES”
Room #4 - Not
Available
Main Recreation Hall
Area - This will be the
room utilized.

Room #1 -
Not
Available
Room #2 –
Not
Available
Room #3 -
Not
Available
Restroom
(Available
during
operation)

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EMERGENCY CONTACT LIST
BUSINESS NAME:_____________________________________________

PERSONAL
OWNER(S)___________________________________________________

CONTACT IN CASE OF PERSONAL EMERGENCY
Name:_______________________________________________________ Daytime Phone: _______________________________
After Hours Phone: ___________________________

CONTACT IN CASE OF FACILITIES EMERGENCY
MANAGER’S NAME:____________________________________________ MANAGER’S PHONE: ________________________ HOME: ____________________ ALTERNATE CONTACT:_________________________________________ PHONE: ______________________________________
OTHER CONTACTS:____________________________________________

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ARVIN COMMUNITY CENTER

MOVE-IN INSPECTION LIST
Date of Inspection: _________________ Suite(s) #
Check

1. Space completely empty of any and all tenants owned items □

2. All floors swept/vacuumed □

3. Walls cleaned □

4. All holes in walls filled □

5. Windows and window sills clean □

6. Doors and door handles clean, inside and out □

7. Door locks in good working condition □

8. All keys returned □

9. Electrical cover and switch plates intact and in place □

10. Light fixtures cleaned and light bulbs in place and operational □

11. Exterior area of business clear and free of debris. □

LESSEE/COMPANY
I acknowledge receipt of this move-in inspection list and understand the City of Arvin will deduct all costs for labor and repairs and/or parts from our deposit upon termination of the lease for the above-mentioned Suite(s).

Lessee/Company Name:

Print Name:

Lessee/Company Authorized Personnel
Signature:

Lessee/Company Authorized Personnel
Date:

CITY OF ARVIN

PUBLIC WORKS DEPARTMENT
Inspected by:

Signature
Print Name/Title:

Date: _____________________________________
SUBMIT COMPLETED FORM TO THE CITY CLERK’S OFFICE ALONG WITH PHOTOS, IF ANY, AFTER INSPECTION.

3.E.4
Attachment: Lease Agreement Arvin Community Center_Arts Council of Kern for Seniors_082322 (Arvin Community Center Lease Agreement -

Page 23 of 24 ends

ARVIN COMMUNITY CENTER

MOVE-OUT INSPECTION LIST
(Page 1 of 2)
Date of Inspection: _________________ Suite(s) #
Check

1. Space completely empty of any and all tenants owned items □

2. All floors swept/vacuumed □

3. Walls cleaned □

4. All holes in walls filled □

5. Windows and window sills clean □

6. Doors and door handles clean, inside and out □

7. Door locks in good working condition □

8. All keys returned □

9. Electrical cover and switch plates intact and in place □

10. Light fixtures cleaned and light bulbs in place and operational □

11. Exterior area of business clear and free of debris. □ Repairs Needed: Hours:
_________________________________________ Hours_________________ _________________________________________ Hours_________________ _________________________________________ Hours_________________ Parts Replaced: Total Costs:
_________________________________________ $_____________________ _________________________________________ $_____________________ _________________________________________ $_____________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ Total Hours for Clean Up: ___________.
 No Charge. Area was found in good condition.
 Please Charge Lessee for ___________ hours.

Total Charges for Damages and/or Parts: $_________________

CITY OF ARVIN
Inspected by: ________________________________
City of Arvin Public Works
Please provide any additional details on cleaning, including damages and repairs or replacement parts needed:

3.E.4
Attachment: Lease Agreement Arvin Community Center_Arts Council of Kern for Seniors_082322 (Arvin Community Center Lease Agreement -

Page 24 of 24 ends

ARVIN COMMUNITY CENTER

MOVE-OUT INSPECTION LIST
(Page 2 of 2)

LESSEE/COMPANY
I acknowledge receipt of this move-out inspection list and understand the City of Arvin will deduct the above-mentioned amount for repairs and/or parts from our deposit previously provided to the City of Arvin for the above-mentioned Suite(s).

Lessee/Company Name:

Print Name:

Lessee/Company Authorized Personnel
Signature:

Lessee/Company Authorized Personnel
Date:

SUBMIT COMPLETED FORM TO THE CITY CLERK’S OFFICE ALONG WITH PHOTOS, IF ANY, AFTER INSPECTION.

For Office Use Only:

Hours Charged: ___________ @ $35.00 hour = $__________________ Damages/Parts Charges = $________________ Total Costs: $_____________ Date Received: Processed By

3.E.4
Attachment: Lease Agreement Arvin Community Center_Arts Council of Kern for Seniors_082322 (Arvin Community Center Lease Agreement -

Arvin City CouncilAugust 23, 2022

Arvin City Council
August 23, 2022