Agenda — Arvin City Council, August 22, 2023

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 22, 2023 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
Donny Horton Councilmember
Susana Reyes Councilmember
Juan Murillo Councilmember
******************************************
STAFF Jeff Jones City Manager / Finance Director
Nathan Hodges City Attorney – Hodges Law Group
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. Such comments shall be made in person and before the City during the meeting as prescribed below. There is a time limitation of two (2) minutes per person. However, the City shall allow a speaker using a translator four (4) minutes to ensure that non-English speakers receive the same opportunity to directly address the City. Sixteen Minutes (16) total (plus additional time based on use of a translator, if any) will be allowed for any one subject. For any item that is not on the agenda and within the jurisdiction or interest of the City, please come to the podium at this time. The Brown Act does not permit any action or discussion on items not listed on the agenda. If you wish to speak regarding a scheduled agenda item, please come to the podium when the item number and subject matter are announced, and the Mayor or Chair opens Public Comment on the item. When recognized, please begin by providing your name and address for the record (optional). Anyone wishing to submit written information at the meeting needs to furnish ten (10) copies to the City Clerk in advance to allow for distribution to City Council, staff and the media. Willful disruption of the meeting shall not be permitted. If the Mayor finds that there is in fact willful disruption of any City Council Meeting, he/she may order the disrupting parties out of the room and subsequently conduct the City’s business without them present.

In accordance with the Brown Act, all matters to be acted on by the City must be posted at least 72 hours prior to a regular 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 22, 2023

Page 1 of 2 ends

1. APPROVAL OF AGENDA AS TO FORM.

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

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.)

3. CONSENT AGENDA ITEM(S)
A. Approval of Demand Register(s) of August 05, 2023 – August 18, 2023.

B. Approval of Payroll Register(s) of August 04, 2023.

C. Approval of the Minutes of the Regular Meeting(s) of August 08, 2023.

Staff recommends approval of the Consent Agenda.

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

4. PUBLIC HEARING(S)
A. Consideration and Approval of A Resolution of the City Council of the City of Arvin Adopting Certain Findings and Approving A Master Services Agreement for Energy Related Improvements to City of Arvin’s Wastewater Treatment Plant with Enovity, A Veolia Company.

Staff recommends to open the hearing, allow for public testimony, closed the hearing and approve the Resolution.

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

5. ACTION ITEM(S)
A. Designation of Voting Delegate and Alternate(s) for the League of California Cities Annual Conference & Expo to be held on September 20 - 22, 2023 in Sacramento, California.

Staff recommends that the Council designate a voting delegate and up to two alternates.

Motion __________ Second __________ Vote __________
Roll Call: CM Murillo ___ CM Reyes ___ CM Horton ___ MPT Borreli ___ Mayor Trujillo ___ Arvin City Council Meeting Agenda – August 22, 2023

Page 2 of 2 ends

6. CITY MANAGER’S REPORT

7. COUNCIL MEMBER COMMENTS

8. CLOSED SESSION ITEM(S)
A. CONFERENCE WITH LABOR NEGOTIATORS (Government Code
§54957.6):

Agency Negotiator: City Manager
Employee Organizations: Arvin Police Officers Association (APOA) and Central California Association of Public Employees SEIU Local 521.

B. CONFERENCE WITH LEGAL COUNSEL--POTENTIAL LITIGATION
(Government Code §54956.9(b).)
Significant exposure to litigation pursuant to §54956.9(b): five cases C. THREAT TO PUBLIC SERVICES OR FACILITIES (Government Code §54957(a).)
Consultation with: City Manager and/or City Attorney. (one item) D. CONFERENCE WITH LEGAL COUNSEL: LIABILITY CLAIMS (Government Code §54956.95)
Claimant: Juan Ledesma - AIMs File No. FR101490; RMA Claim No. 22127.

Against: City of Arvin
E. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Govt. Code § 54956.8)
Property: 816 Sycamore Rd, Arvin, CA 93203; APN 192-110-16.

Arvin Successor Agency Negotiator: Jeff Jones, City Manager/Executive Director.

Negotiating parties: Joe Walker and Successor Agency to the Arvin Community Redevelopment Agency.

Under negotiation: Price and terms.

9. 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 18, 2023.

Cecilia Vela, City Clerk
8/15/2023 12:11:00 PM Page 1 of 10
Payment Register
City of Arvin APPKT00467 - FOR AP 8/9/23 & 8/16/23
01 - Vendor Set 01
Bank: Main Pool Ck - Main Checking - BOA
1256
Vendor Number

ADRIAN HERNANDEZ
Total Vendor Amount
750.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 08/15/2023 750.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount PER DIEM 08.21-09.01.23 A.HERNANDEZ PER DIEM POST SUPER COURSE 08.21-09.0108/14/2023 08/14/2023 0.00 750.00 1228
Vendor Number

ALL AMERICAN UNIFORMS
Total Vendor Amount
2,648.79
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 08/15/2023 2,648.79
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 115 UNIFORMS FOR NEW EMPLOYEES RUBIO, GONZ, SAMIN 07/21/2023 07/21/2023 0.00 2,648.79 1010
Vendor Number

AMERICAN BUSINESS MACHINES
Total Vendor Amount

15.00 Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 08/15/2023 15.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 694271 BLACK TONER 07/25/2023 07/25/2023 0.00 15.00
1622
Vendor Number

ARMANDO MARTIN JR
Total Vendor Amount
400.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 08/15/2023 400.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 0002133 ANIMAL REMOVAL SERVICES 07/17/2023 07/17/2023 0.00 400.00 1002
Vendor Number

ARVIN COMMUNITY SERVICES DISTRICT
Total Vendor Amount
13,798.76
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 08/15/2023 13,798.76
Payable Number Description Payable Date Due Date Discount Amount Payable Amount WATER SERVICES 06.26.23-07.25.23 WATER SERVICES 06.26.23-07.25.23 07/01/2023 07/01/2023 0.00 13,798.76 1150
Vendor Number
AT&T
Total Vendor Amount
441.15
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 08/15/2023 441.15
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 000020237287 9391056024 SERVICE 06.13.23-07.12.23 07/13/2023 07/13/2023 0.00 441.15 1015
Vendor Number

AT&T MOBILITY
Total Vendor Amount
433.54
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 08/15/2023 433.54
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 287251442687X07282023 PW + COMM DEV + CH CELL PHONES 06.23.23-07.22.23 07/22/2023 07/22/2023 0.00 433.54

CLARK PEST CONTROL OF STOCKTON
Total Vendor Amount
214.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 08/15/2023 214.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 33774785 800 WALNUT DR PEST SERVICE 08/02/2023 08/02/2023 0.00 118.00 33774840 414 4TH AVE PEST SERVICE 08/02/2023 08/02/2023 0.00 96.00 1020
Vendor Number

COLONIAL LIFE PROCESSING CENTER
Total Vendor Amount
1,476.54
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 08/15/2023 1,476.54
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 5193602-0707529 SUPPLEMENTAL INS JULY 2023 07/25/2023 07/25/2023 0.00 1,476.54 1047
Vendor Number

COMMUNICATION ENTERPRISES
Total Vendor Amount
420.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 08/15/2023 420.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 1115746 LTR 450 DISPATCH PW AUGUST 2023 08/01/2023 08/01/2023 0.00 240.00 1115747 LTR 450 DISPATCH TRANSIT AUGUST 2023 08/01/2023 08/01/2023 0.00 180.00 1204
Vendor Number

COMPLETE HARDWARE STORE AND MORE
Total Vendor Amount

57.30 Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 08/15/2023 57.30
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 44043 TRANSIT BIT DRILL 3/8" HSS 08/07/2023 08/07/2023 0.00 12.98 491864 MATERIAL FOR STREET STRIPING 08/02/2023 08/02/2023 0.00 36.35 492525 REDUCERS AND BUSHINGS 08/07/2023 08/07/2023 0.00 7.97 1369
Vendor Number

COMPUTERSHARE CORPORATE TRUST
Total Vendor Amount
116,321.25
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 08/15/2023 116,321.25
Payable Number Description Payable Date Due Date Discount Amount Payable Amount ARVI719TARA 7/19/2023 ARVIN CRA TAX REF BONDS SR 2019 07/19/2023 07/19/2023 0.00 73,875.00 ARVI719TARB 7.19.23 ARVIN CRA TAX REF BNDS SR 2019 07/19/2023 07/19/2023 0.00 42,446.25 1260
Vendor Number

DELIA REYES
Total Vendor Amount
750.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 08/15/2023 750.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount PER DIEM 08.21-09.01.23 D.REYES PER DIEM POST SUPERVIS COURSE 08.21-09.01 08/14/2023 08/14/2023 0.00 750.00 1591
Vendor Number

DEPARTMENT OF GENERAL SERVICES
Total Vendor Amount
430.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 08/15/2023 430.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 0000001493527 1 CASE FILINGS ALJ SERVICES 12/31/2022 12/31/2022 0.00 75.00 0000001527603 ALJ HOURS - 2022100173 06/30/2023 06/30/2023 0.00 355.00 1193
Vendor Number

DIAMOND TECHNOLOGIES INC
Total Vendor Amount
14,572.28
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 08/15/2023 11,230.45
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 33888 MIFARE ISO CONTACTLESS SMARTCARD 07/31/2023 07/31/2023 0.00 2,064.21 33894 SECURECENTRIC + FIREWALL AUGUST 2023 08/01/2023 08/01/2023 0.00 7,824.34

3.A.1
Attachment: Demand Register(s) of August 05, 2023 - August 18, 2023 (Demand Register(s) of August 05, 2023 - August 18, 2023.) Payment Register APPKT00467 - FOR AP 8/9/23 & 8/16/23
8/15/2023 12:11:00 PM Page 3 of 10
33895MS MICROSOFT 365 FOR BUSINESS AUGUST 2023 08/01/2023 08/01/2023 0.00 1,341.90 Check 08/15/2023 3,341.83
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 34623494 DELL PWREDGE SERV LIC & EQUIP- WRKSTNS AUGUST 23 08/07/2023 08/07/2023 0.00 3,341.83 1632
Vendor Number

DOUBLETREE HILTON LOS ANGELES ROSEMEAD
Total Vendor Amount
2,112.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 08/15/2023 528.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount HERN WK 1 A.HERNANDEZ LODGING POST SUPER COURSE 08.21-09.0108/14/2023 08/14/2023 0.00 528.00 Check 08/15/2023 528.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount HERN WK 2 A.HERNANDEZ LODGING POST SUPER COURSE 08.21-09.0108/14/2023 08/14/2023 0.00 528.00 Check 08/15/2023 528.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount REYES WK 1 D.REYES LODGING POST SUPERVISOR COURSE 08.21-09.0108/14/2023 08/14/2023 0.00 528.00 Check 08/15/2023 528.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount REYES WK 2 D.REYES LODGING POST SUPERVISOR COURSE 08.21-09.0108/14/2023 08/14/2023 0.00 528.00 1310
Vendor Number

ERIC REYES GUERRA
Total Vendor Amount
2,060.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 08/15/2023 2,060.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV0192 BUS WASH AND BUMPER SHINE 07.25.23 07/25/2023 07/25/2023 0.00 570.00 INV0193 ARVIN PD FLEET WASH 08.01.2023 08/01/2023 08/01/2023 0.00 600.00 INV0196 BUS WASH AND BUMPER SHINE 08.04.2023 08/04/2023 08/04/2023 0.00 230.00 INV0197 ARVIN PD FLEET WASH 08.08.23 08/08/2023 08/08/2023 0.00 660.00 1062
Vendor Number
FEDEX
Total Vendor Amount
149.06
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 08/15/2023 149.06
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 8-205-98271 SHIPPING SVCS 7/20/2023 07/28/2023 07/28/2023 0.00 149.06 1100
Vendor Number

FERNANDO LOPEZ
Total Vendor Amount
480.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 08/15/2023 480.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount

07.18.23 INTERPRETER SERVICES 07.18.23 08/08/2023 08/08/2023 0.00 480.00 1628
Vendor Number

GLENDALE POLICE OFFICERS FOUNDATION
Total Vendor Amount
591.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 08/15/2023 591.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 842601 26 INCH EXPANDABLE BATONS 07/27/2023 07/27/2023 0.00 591.00 1074
Vendor Number

GRAINGER
Total Vendor Amount
654.49
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 08/15/2023 654.49
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 9767813679 BX LOCKER , EVIDENCE PD LOCKER 07/12/2023 07/12/2023 0.00 525.33 9767813687 KEYED PADLOCK EVIDENCE LOCKER 07/12/2023 07/12/2023 0.00 129.16

GRANITE CONSTRUCTION
Total Vendor Amount

79.71 Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 08/15/2023 79.71
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 2510674 1818 3/4" CAL TRANS 2 AB 07/07/2023 07/07/2023 0.00 79.71 1232
Vendor Number

JEFFREY B KELLEY
Total Vendor Amount
203.71
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 08/15/2023 203.71
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 4216 PD KEYS , REKEY TO MASTER 05/30/2023 05/30/2023 0.00 203.71 1417
Vendor Number

JESUS MARTINEZ
Total Vendor Amount
1,178.31
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 08/15/2023 1,178.31
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 8314 UNIT 292 REPLACE FRONT DISC PADS / MACHINE ROTORS 08/02/2023 08/02/2023 0.00 680.09 8315 UNIT 293 ENGINE OIL CHANGE 08/03/2023 08/03/2023 0.00 119.64 8326 UNIT 293 BATTERY REPLACEMENT 08/09/2023 08/09/2023 0.00 378.58 1156
Vendor Number

JOSEPH HUGGETT
Total Vendor Amount
750.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 08/15/2023 750.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount PER DIEM 08.21-09.01 J.HUGGETT PER DIEM POST SUPER COURSE 08.21-09.01 08/14/2023 08/14/2023 0.00 750.00 1164
Vendor Number

KERN MACHINERY
Total Vendor Amount
113.96
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 08/15/2023 113.96
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 101-1079781 V-BELTS 07/21/2023 07/21/2023 0.00 113.96
1376
Vendor Number

KNORR SYSTEMS INC
Total Vendor Amount
1,940.54
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 08/15/2023 1,940.54
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 206594 SMPTHERMON PARK - SPLASH PARK 07/17/2023 07/17/2023 0.00 1,940.54 1331
Vendor Number

LN CURTIS & SONS
Total Vendor Amount

70.00 Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 08/15/2023 70.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV727649 POLICE PATCHES K-9 07/18/2023 07/18/2023 0.00 70.00 1168
Vendor Number
LOWES
Total Vendor Amount
440.62
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 08/15/2023 440.62
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 2877548 BHK 1/4 IN X 200 F SYN 06/27/2023 06/27/2023 0.00 24.67 62534777 10 FT BLUE POP UP SHADE 06/23/2023 06/23/2023 0.00 415.95

MADLAND TOYOTA LIFT INC
Total Vendor Amount
4,769.20
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 08/15/2023 4,769.20
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 14001410 UNIT 211 45 DAY INSPECTION REPLACE SAFETY LATCHES 07/18/2023 07/18/2023 0.00 385.00 14001448 UNIT 205-EV LOW VOLTAGE BATTERIES ARE BAD 07/18/2023 07/18/2023 0.00 553.14 14001466 UNIT 110 PERFORMED PM ON UNIT 07/18/2023 07/18/2023 0.00 199.25 14001467 UNIT 203 PERFORMED PM ON UNIT 07/18/2023 07/18/2023 0.00 408.17 14001483 UNIT 209 45 DAY INSPECTION INSTALLED SAFETY LATCH 07/18/2023 07/18/2023 0.00 385.00 14001484 UNIT 203-EV 45 DAY INSPECTION 07/18/2023 07/18/2023 0.00 220.00 14001485 UNIT 205-EV 45 DAY INSPECTION 07/18/2023 07/18/2023 0.00 220.00 14001486 UNIT 207-EV 45 DAY INSPECTION 07/18/2023 07/18/2023 0.00 220.00 14001487 UNIT 110 45 DAY INSPECTION 07/18/2023 07/18/2023 0.00 220.00 15000113 UNIT 209 REQUESTED HANDLES FOR BUS WINDOWS 07/18/2023 07/18/2023 0.00 979.32 15000114 UNIT 211 EMERGENCY WINDOW HANDLES 07/18/2023 07/18/2023 0.00 979.32 1191
Vendor Number

MARY VALENTI PHD
Total Vendor Amount
500.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 08/15/2023 500.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount PRE EMPLOYMENT 7/19/2023PRE EMPLOYMENT 7/19/2023 JOSUE G. 07/19/2023 07/19/2023 0.00 500.00 1102
Vendor Number

MOUNTAINSIDE DISPOSAL
Total Vendor Amount
214.18
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 08/15/2023 214.18
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 715508 BIN RENT AND 4 YD ROLL OFF JULY 2023 08/01/2023 08/01/2023 0.00 214.18 1340
Vendor Number

NATHAN M HODGES
Total Vendor Amount
20,118.50
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 08/15/2023 20,118.50
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 533 LEGAL FEES JULY 2023 08/07/2023 08/07/2023 0.00 20,118.50 1184
Vendor Number

OREILLY AUTOMOTIVE INC
Total Vendor Amount
493.13
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 08/15/2023 493.13
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 4451-305231 1 GAL WD-40 FOR CITY YARD 07/11/2023 07/11/2023 0.00 71.42 4451-305249 GL - WIPER FLUID 07/11/2023 07/11/2023 0.00 31.34 4451-306940 SS PAN HEAD 07/19/2023 07/19/2023 0.00 3.99 4451-307945 UNIT 317 LED MICROBAR 07/24/2023 07/24/2023 0.00 308.48 4451-308139 2.5 GAL BLUE DEF 07/25/2023 07/25/2023 0.00 77.90 1110
Vendor Number

PACIFIC TIRE ARVIN
Total Vendor Amount
360.60
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 08/15/2023 360.60
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 33579 UNIT 316 2 NEW TIRES 08/02/2023 08/02/2023 0.00 360.60 1108
Vendor Number
PG & E
Total Vendor Amount
3,405.55
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 08/15/2023 3,405.55
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 7149339108-1 06.15.23-07.17.23 7149339108-1 06.15.23-07.17.23 07/26/2023 07/26/2023 0.00 3,324.31

3.A.1
Attachment: Demand Register(s) of August 05, 2023 - August 18, 2023 (Demand Register(s) of August 05, 2023 - August 18, 2023.) Payment Register APPKT00467 - FOR AP 8/9/23 & 8/16/23
8/15/2023 12:11:00 PM Page 6 of 10
8440977428-2 07.01.23-08.01.23 8440977428-2 07.01.23-08.01.23 08/01/2023 08/01/2023 0.00 54.96 9307046200-2 06.23.23-7.24.239307046200-2 06.23.23-7.24.23 07/26/2023 07/26/2023 0.00 26.28 1111
Vendor Number

PITNEY BOWES
Total Vendor Amount
244.56
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 08/15/2023 244.56
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 3106202080 LEASE 05.28.23-08.27.23 07/29/2023 07/29/2023 0.00 244.56 1345
Vendor Number

PROVOST & PRITCHARD CONSULTING GROUP
Total Vendor Amount
51,064.48
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 08/15/2023 51,064.48
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 102016 CDBG FRANKLIN ST REHAB JUNE 2023 07/14/2023 07/14/2023 0.00 51,064.48 1346
Vendor Number

QUAD KNOPF INC
Total Vendor Amount
2,580.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 08/15/2023 2,580.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 119334 ON CALL PROFESSIONAL SERVICES 05.28.23-06.24.23 06/30/2023 06/30/2023 0.00 2,580.00 1434
Vendor Number

RIO HONDO COLLEGE
Total Vendor Amount
714.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 08/15/2023 238.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount HERN 08.21-09.01.23 A.HERNANDEZ POST SUPERVISORY COURSE 08.21-09.01.2308/14/2023 08/14/2023 0.00 238.00 Check 08/15/2023 238.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount HUGG 08.21-09.01.23 J.HUGGETT POST SUPERVISORY COURSE 08.21-09.01 08/14/2023 08/14/2023 0.00 238.00 Check 08/15/2023 238.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount REYES 08.21-09.01.23 D.REYES POST SUPERVISORY COURSE 08.21-09.01 08/14/2023 08/14/2023 0.00 238.00 1596
Vendor Number

ROBERT HALF
Total Vendor Amount
1,293.60
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 08/15/2023 1,293.60
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 62396538 WEEK ENDING 08/04/2023 JAZMIN C. 08/08/2023 08/08/2023 0.00 1,293.60 1123
Vendor Number

SO CAL GAS CO
Total Vendor Amount
182.74
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 08/15/2023 182.74
Payable Number Description Payable Date Due Date Discount Amount Payable Amount SERVICES 06.23.23-07.25.23 SERVICES 06.23.23-07.25.23 07/27/2023 07/27/2023 0.00 182.74 1125
Vendor Number

SPARKLE TEXTILE RENTAL SERVICE
Total Vendor Amount
1,505.94
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 08/15/2023 1,505.94
Payable Number Description Payable Date Due Date Discount Amount Payable Amount UNIFORM SERVICES JULY 2023UNIFORM SERVICES JULY 2023 08/07/2023 08/07/2023 0.00 1,505.94

SPECTRUM BUSINESS
Total Vendor Amount
108.99
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 08/15/2023 108.99
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 168251101072123 PUBLIC WORKS SVC 07.29.23-08.28.23 07/21/2023 07/21/2023 0.00 108.99 1399
Vendor Number

STAPLES & ASSOCIATES
Total Vendor Amount
13,002.06
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 08/15/2023 13,002.06
Payable Number Description Payable Date Due Date Discount Amount Payable Amount EW-10504 BALLAST REPLACEMENT FOR FIELD LIGHTS 06/30/2023 06/30/2023 0.00 13,002.06 1126
Vendor Number

STAPLES BUSINESS CREDIT
Total Vendor Amount
951.03
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 08/15/2023 951.03
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 1650108301 OFFICE SUPPLIES FOR THE CITY JULY 2023 07/25/2023 07/25/2023 0.00 951.03 1130
Vendor Number

TAG AMS INC
Total Vendor Amount
230.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 08/15/2023 230.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 2824004 RANDOM DRUG TEST & ALCOHOL TEST TRANSIT 05/17/2023 05/17/2023 0.00 230.00 1131
Vendor Number

TEL-TEC SECURITY SYSTEMS
Total Vendor Amount

55.00 Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 08/15/2023 55.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 821008 ARVIN ADOBE COMPLEX FIRE MONITORING AUGUST 2023 08/01/2023 08/01/2023 0.00 55.00 1179
Vendor Number

THE PUN GROUP LLP
Total Vendor Amount
12,500.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 08/15/2023 12,500.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 113983 AUDIT OF THE CITYS FINANCIAL STATEMENTS JUNE 2023 07/31/2023 07/31/2023 0.00 12,500.00 1136
Vendor Number
UNDERGROUND SERVICE ALERT OF NORTHERN CAL. AND NEV
Total Vendor Amount
1,397.96
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 08/15/2023 1,397.96
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 2023110814 2023 MEMBERSHIP FEE 07/20/2023 07/20/2023 0.00 1,030.85 23USB110814 CALIFORNIA STATE FEE JULY 1 2023- JUNE 30, 2024 07/24/2023 07/24/2023 0.00 367.11 1459
Vendor Number

URIEL JESSE ORTIZ
Total Vendor Amount
750.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 08/15/2023 750.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV2170 UNIT 302 ELECTRICAL REPAIR 08/04/2023 08/04/2023 0.00 750.00

WAGEWORKS INC
Total Vendor Amount

79.52 Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 08/15/2023 79.52
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 0723-TR39927 C2791 MNTHLY COMPLIANCE FEE COBRA JULY 2023 07/01/2023 07/01/2023 0.00 79.52 1142
Vendor Number

WELLS FARGO LEASE PMTS
Total Vendor Amount
110.88
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 08/15/2023 110.88
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 5026058462 COMM DEV LEASE 07.21.23-08.20.23 07/26/2023 07/26/2023 0.00 110.88 1147
Vendor Number

ZEE MEDICAL SERVICE
Total Vendor Amount
378.95
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 08/15/2023 378.95
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 34-201377 TRANSIT FIRST AID SUPPLIES 08/07/2023 08/07/2023 0.00 127.54 34-201378 TRANSIT FIRST AID SUPPLIES 08/07/2023 08/07/2023 0.00 142.99 34-201380 PUBLIC WORKS FIRST AID SUPPLIES 08/07/2023 08/07/2023 0.00 108.42 Bank: PY - Payroll Vendor Payables
1013
Vendor Number

ARVIN POLICE OFFICERS
Total Vendor Amount
900.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 08/15/2023 900.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV0000822 APOA Dues 08/04/2023 08/04/2023 0.00 900.00
1017
Vendor Number

CENTRAL CALIFORNIA ASSOC OF PUBLIC EMPLOYEES
Total Vendor Amount
1,038.57
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 08/15/2023 1,038.57
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV0000823 SEIU Dues 08/04/2023 08/04/2023 0.00 50.76
INV0000824 SEIU Dues 08/04/2023 08/04/2023 0.00 987.81
1312
Vendor Number

FRANCHISE TAX BOARD
Total Vendor Amount
300.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 08/15/2023 300.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV0000826 ALEX GHAZARIAN 08/04/2023 09/15/2023 0.00 300.00

3.A.1
Attachment: Demand Register(s) of August 05, 2023 - August 18, 2023 (Demand Register(s) of August 05, 2023 - August 18, 2023.) Payment Register APPKT00467 - FOR AP 8/9/23 & 8/16/23
8/15/2023 12:11:00 PM Page 9 of 10
Payment Summary
Type
Payment
Count Discount Payment
Payable
Bank Code Count
Main Pool Ck Check 94 60 0.00 280,562.88
Packet Totals: 94 60 0.00 280,562.88
Type
Payment
Count Discount Payment
Payable
Bank Code Count
PY Check43 0.00 2,238.57
Packet Totals:
43 0.00 2,238.57

3.A.1
Attachment: Demand Register(s) of August 05, 2023 - August 18, 2023 (Demand Register(s) of August 05, 2023 - August 18, 2023.)

3.B.1
Attachment: Payroll Register(s) of August 04, 2023 (Payroll Register(s) of August 04, 2023)

3.B.1
Attachment: Payroll Register(s) of August 04, 2023 (Payroll Register(s) of August 04, 2023) Arvin City Council Meeting Minutes – August 08, 2023

Page 1 of 3 ends

REGULAR MEETING MINUTES

ARVIN CITY COUNCIL / SUCCESSOR AGENCY TO THE

ARVIN COMMUNITY REDEVELOPMENT AGENCY / ARVIN HOUSING AUTHORITY /

ARVIN PUBLIC FINANCING AUTHORITY
AUGUST 08, 2023
CALL TO ORDER @ 6:01PM

PLEDGE OF ALLEGIANCE

INVOCATION
ROLL CALL: All present.

1. APPROVAL OF AGENDA AS TO FORM.

Motion to approve the Agenda.

Motion CM Horton Second MPT Borreli Vote 5-0

3. CONSENT AGENDA ITEM(S)
A. Approval of Demand Register(s) of July 22, 2023 – August 04, 2023.

B. Approval of Payroll Register(s) of July 21, 2023.

C. Approval of the Minutes of the Regular Meeting(s) of July 25, 2023.

D. Approval of A Resolution of the City Council of the City of Arvin to Approve Special Event Permit Application for the Arvin Chamber of Commerce Car Show to be held on August 19, 2023, Authorize Closure of Campus Drive and Waive City Permit Fees for Vendors.

Resolution No. 2023-49
E. Authorizing Placement of “In God We Trust” Decal on Arvin Police Vehicles.

Staff recommends approval of the Consent Agenda.

3.C.1
Attachment: Minutes of the Regular Arvin City Council Meeting of August 08, 2023 (Minutes of the Regular Meeting(s) of August 08, 2023.) Arvin City Council Meeting Minutes – August 08, 2023

Page 2 of 3 ends

Consent Agenda Item 3D pulled for discussion.

Motion to approve Consent Agenda Items 3A, 3B, 3C, and 3E.

Motion CM Murillo Second CM Reyes Vote 4-1 (MPT Borreli voted No.) Motion to approve Consent Agenda Item 3D.

Motion CM Horton Second MPT Borreli Vote 5-0

4. ACTION ITEM(S)
A. Consideration and Discussion of the Arvin Power Company Presentation.

Staff recommends that the Council provide direction to City Manager and/or City Attorney concerning further work and/or negotiation on the proposed project.

Motion to authorize the City Manager and City Attorney to work with Arvin Power Company in drafting and creating documents for the Council to consider regarding the proposed project.

Motion Mayor Trujillo Second MPT Borreli Vote 5-0
B. Consideration and Direction from Council Regarding Request for Waiver of Work Without City Permit Fee from Cana Rose Realty Holdings, LLC. (City Manager)
Staff recommends that the Council review the attached letter from Cana Rose Realty Holdings, LLC and provide direction to staff regarding the appropriate course of action.

Motion to authorize Staff to waive the work without city permit fee.

Motion Mayor Trujillo Second CM Horton Vote 3-2 (CM Murillo and CM Reyes voted No.)

5. CITY MANAGER’S REPORT

6. COUNCIL MEMBER COMMENTS

7. CLOSED SESSION ITEM(S)
A. CONFERENCE WITH LABOR NEGOTIATORS (Government Code
§54957.6):

Agency Negotiator: City Manager
Employee Organizations: Arvin Police Officers Association (APOA) and Central California Association of Public Employees SEIU Local 521.

3.C.1
Attachment: Minutes of the Regular Arvin City Council Meeting of August 08, 2023 (Minutes of the Regular Meeting(s) of August 08, 2023.) Arvin City Council Meeting Minutes – August 08, 2023

Page 3 of 3 ends

B. CONFERENCE WITH LEGAL COUNSEL--POTENTIAL LITIGATION
(Government Code §54956.9(b).)
Significant exposure to litigation pursuant to §54956.9(b): six cases C. THREAT TO PUBLIC SERVICES OR FACILITIES (Government Code §54957(a).)
Consultation with: City Manager and/or City Attorney. (one item) CLOSED SESSION REPORT BY CITY ATTORNEY:
7A. The City Council provided direction to the City Manager concerning negotiations with APOA; no reportable action concerning SEIU Local 521. 7B. No reportable action taken for 5 of the 6 potential litigation matters; Council provided direction to remove 1 potential litigation matter. 7C. No reportable action taken.

8. ADJOURNED @ 7:45PM
Respectfully submitted,
Cecilia Vela, City Clerk

3.C.1
Attachment: Minutes of the Regular Arvin City Council Meeting of August 08, 2023 (Minutes of the Regular Meeting(s) of August 08, 2023.) Solar Renewable Energy System
for the City of Arvin Wastewater Treatment Plant
Net Energy Metering Version 2.0 Program
California Energy Commission (CEC) Energy
Conservation Assistance Act (ECAA) 1% Loan
Program
Inflation Reduction Act (IRA)
Federal Tax Credit / Grant
Prepared by: John J. Burdette III, CEM, CDSM, LEED AP
Veolia North America
Facilities, Buildings and Service
08/22/2023

4.A.1
Attachment: Veolia FBS Program - The City of Arvin Solar Environmental solutions for business, industry and communities 2 John J. Burdette III, CEM, CDSM, LEED AP
Senior Business Development Manager
Sustainable Industries and Buildings
Enovity, Inc, a Veolia Company
Mobile: (530) 368-7886
Email: [email protected]

INTRODUCTIONS
Mirna Romero
Senior Project Manager
Facilities & Building Services
Enovity Inc., a Veolia Company
Mobile: (916) 712-6665
Email: [email protected]

4.A.1
Attachment: Veolia FBS Program - The City of Arvin Solar Environmental solutions for business, industry and communities 3 4.A.1
Attachment: Veolia FBS Program - The City of Arvin Solar Environmental solutions for business, industry and communities 4 4.A.1
Attachment: Veolia FBS Program - The City of Arvin Solar Environmental solutions for business, industry and communities CPUC Decision
Net Energy Metering (NEM 2.0)
• Reducing the economic value of going solar 50-75%
from what it is today.
• Consumers get some of the best net metering
benefits across the country under NEM 2.0
• These benefits will come to an end with the
implementation of California’s NEM 3.0

4.A.1
Attachment: Veolia FBS Program - The City of Arvin Solar Environmental solutions for business, industry and communities CPUC will grandfather older systems in and continue
to uphold the original agreements. This means going
solar now would most likely allow you to lock in the
net metering 2.0 benefits for 20 years.

Veolia has completed all project development,
engineering and interconnection applications with
PG&E and has received acknowledgment that
application has been received before sunset date
CPUC Decision
Net Energy Metering (NEM 2.0)

4.A.1
Attachment: Veolia FBS Program - The City of Arvin Solar Environmental solutions for business, industry and communities 7 VEOLIA’S PROVEN (FBS) PROGRAM PROCESS
Data
Collection,
Site Walks
and
Interviews
Discovery
Meeting
Preliminary
Analysis
Findings
Presentation
Program
Verification
&
Development
Agreement
Final
Program
Development
Contract &
Implementation
• Introduce FBS
Program
• Identify
Challenges/ Trends
• Identify Goals &
Objectives
• Action Plan
• Collect facility
information and
square footages of
your facilities.
• Collect and analyze
your utility cost and
consumption data.
• Identify any existing
technical issues or
deferred
maintenance scope
items..
• Select Scope of
Work Measures to
include in the
program
development
process
• Estimated Savings
• Estimated
Implementation
Costs
• Estimated
Greenhouse Gas
Emission
Reductions
• Verify Detailed
Scope of Work
• Funding Solution
• Identify and Apply
for Rebates,
Grants and
Incentives
• Confirm Schedule
• Review Financial
Performance
• Draft Program
Contract Review
• Finalize Funding
Solutions
• Post Two Week
Notice for CA
Government Code
4217 Compliance
• Public Hearing &
Resolution During
Regularly
Scheduled Board
Meeting
• Present Final
Guaranteed Costs
& Savings
• Board Resolution
• Execute Contract
• Implementation
• Measurement &
Verification (M&V)
• Energy Management
Services
• Hubgrade

4.A.1
Attachment: Veolia FBS Program - The City of Arvin Solar Environmental solutions for business, industry and communities VEOLIA’S WWTP Solar Renewable Energy Location
● Solar Renewable Energy Generation to be
installed on fixed tilt, ground mounted racking
systems around perimeter of the WWTP. Fixed
tilt offers lower maintenance costs and are more
reliable as there are no moving parts.
● Provides shorter wiring run to point of utility
interconnection, resulting in less line losses for
a more efficient and lower cost installation.
● Located in a fenced and secured area on City
Owned property.
● Less complex contract arrangement as no
easements or land leases required going across
others property.

4.A.1
Attachment: Veolia FBS Program - The City of Arvin Solar Environmental solutions for business, industry and communities

BUDGET NEUTRALITY

4.A.1
Attachment: Veolia FBS Program - The City of Arvin Solar Environmental solutions for business, industry and communities 10

FUNDING SOLUTIONS
Leveraging Available Funding & Tax Incentives
California Energy Commission (CEC) Energy
Conservation Assistance Act (ECAA) One Percent
(1.0%) Interest Loan Program
Veolia has completed the required feasibility study and all application forms and has submitted application to secure $3,000,000.00 through this program subsidized by the State of California.

Inflation Reduction Act (IRA) 30% Investment Tax
Credit/Grant Direct Payment to Municipalities
Veolia assist the City of Arvin to apply for and secure the direct payment from the US Treasury. We may be able to
get an additional 10% as a bonus for “Disadvantaged
Community”, however, the WWTP is located just outside of the area on the map, however, we are going to apply for it.

4.A.1
Attachment: Veolia FBS Program - The City of Arvin Solar Environmental solutions for business, industry and communities 11

FINANCIAL PERFORMANCE
PPA versus CEC ECAA Loan
• Provides Return on Investment (ROI) = 317%-900%+
• Secures Federal Direct Payment from US Treasury =
$1,285,714, maybe more if we get additional (10%) for
disadvantaged community.
• Financing at (1.0%) interest which is the lowest financed cost to the City of Arvin or any entity in this high interest rate environment.
• Veolia will provide construction financing until grants, rebates and incentives are received.
• Veolia will cut electricity out of O&M contract for the WWTP, and City of Arvin to realize 100% of the avoided
energy cost savings!

4.A.1
Attachment: Veolia FBS Program - The City of Arvin Solar Environmental solutions for business, industry and communities 12 Veolia’s Recommendation
Avoided Capital Expenditures to be included in the project Upgrade main electrical service from 800 amps to 2000 amps.

This is required for future plant modifications.

Relocate and upsize the “Centrate Line”
which is also required.

4.A.1
Attachment: Veolia FBS Program - The City of Arvin Solar Environmental solutions for business, industry and communities 13

ENVIRONMENTAL BENEFITS
Carbon Reduction & Climate Action Planning Goals per AB32

4.A.1
Attachment: Veolia FBS Program - The City of Arvin Solar Environmental solutions for business, industry and communities 14

ENVIRONMENTAL BENEFITS
Carbon Reduction & Climate Action Planning Goals per AB32

4.A.1
Attachment: Veolia FBS Program - The City of Arvin Solar Environmental solutions for business, industry and communities Hubgrade
Advanced Intelligence coupled with Human Experience

4.A.1
Attachment: Veolia FBS Program - The City of Arvin Solar Environmental solutions for business, industry and communities City of Arvin Sustainability Journey
• Introduction to Veolia’s Facility & Building Services (FBS) Program 11/17/2022 • Utility and Site Data Collection 12/21/2022
• Preliminary Site Walks 12/21/2022
• Preliminary Utility Data Analysis 01/12/2023
• Presentation of the Preliminary Analysis and ECM Selection 01/24/2023 • City Council to Provides Direction to move forward with Solar Engineering and Interconnection Applications 03/06/2023 • PG&E Interconnection Applications have been uploaded and submitted 04/14/2023 • City Council Meeting to take Action to direct Veolia to proceed with PPA or the CEC ECAA Loan funding option. 04/25/2023
• Master Services Agreement (MSA) contract negotiations 08/03/2023 • City of Arvin to Post Two Week Public Notice as required by CA Gov’t Code 4217 08/08/2023 • City Council Public Hearing and Resolution Approving Veolia Contract & Financing 08/22/2023

4.A.1
Attachment: Veolia FBS Program - The City of Arvin Solar Environmental solutions for business, industry and communities Veolia’s Brings Value!
• Leverage of Tax Incentives and Grant Funding: Veolia aids the client in identifying and applying for grants, rebates and incentives.
• Upgrade to Energy Efficient Equipment: Upgrade today and pay for it with future energy savings. No need for capital funds or additional funding, just re-directs funds already in the budget for utilities and O&M to these smart investments. • Perform Capital Improvements: Capital Budget Avoidance • Decrease Operating Costs (Utility and O&M): Veolia helps stabilize budgets from volatility in the energy marketplace and once the debt service is paid in full, all subsequent energy cost savings are realized, and operating budgets are permanently lowered.
• Hedge Against Historical High Utility Escalation Rates: PG&E has high electric escalation rates as illustrated by the data over the last 40 years. Veolia will help hedge against these inflationary pressures. • Resolve Deferred Maintenance Items: Some clients do not have the capital or operating budgets to perform required equipment and system maintenance. (e.g. chillers, boilers, cooling towers, controls, electrical upgrades, air handlers, pumps, valves, etc.) Veolia can integrate these services in the long-term O&M contract. • Create Long Term and Sustainable Energy Efficient Systems: Hubgrade energy & carbon footprint reduction dashboards.

4.A.1
Attachment: Veolia FBS Program - The City of Arvin Solar Environmental solutions for business, industry and communities Veolia Brings Value!
• Guaranteed Performance: Veolia’s typically install systems and equipment that it guarantees will generate savings for the payback period of the loan. If a piece of equipment fails during the payback period of the project, Veolia is responsible for replacing it.
• Responsibility: Veolia is obligated to pay in the event of an energy savings shortfall and must guarantee the energy savings. If actual savings are lower than guaranteed, Veolia reimburses the owner for the shortfall. • Measurement & Verification: Annul energy savings verification is conducted per the International Performance Measurement & Verification Protocol (IPMVP), an industry standard to prove the savings is being achieved. • Accountability: Veolia serves as the single point of accountability. No finger pointing between consultants, subcontractors and equipment manufactures / vendors.
• Financing Solutions: Veolia assists the Owner in identifying rebate, incentives, and low interest financing options that are available.
• Cost Certainty: Project cost is guaranteed. No change orders.

4.A.1
Attachment: Veolia FBS Program - The City of Arvin Solar Questions?

4.A.1
Attachment: Veolia FBS Program - The City of Arvin Solar Environmental solutions for business, industry and communities VEOLIA’S WWTP Solar Renewable Energy Location

4.A.1
Attachment: Veolia FBS Program - The City of Arvin Solar Environmental solutions for business, industry and communities VEOLIA’S WWTP Solar Renewable Energy Location
● Veolia does NOT recommend that solar be installed in buffer zone where WWTP effluent will be disposed of. ● Buffer zone could flood with effluent from the plant, creating an unsafe environment for service workers to the solar array. ● If buffer zone is to be used, Veolia recommends that the site create expensive berms to keep wastewater effluent out of areas proposed for solar installation.
● Longer wiring runs to main meter, 2,000 feet or more, in trenching across private property, will have additional line losses and is not as efficient as locating solar close to the meter. ● Location is not fenced or secured, requiring additional cost. ● More complicated contacting structure as there will be private property, lease agreements, or easements required. ● Neighborhood residents could complain about glare and reflection. ● Land here most likely will not be considered CEQA exempt and require Environmental Impact Report (EIR) and Negative Declaration Study.
● Land may be part of the Williamson Act that would prevent development.

4.A.1
Attachment: Veolia FBS Program - The City of Arvin Solar

Page 1 of 3 ends

Staff Report – Master Services Agmt with Enovity – Solar Renewable Energy for WWTP.

CITY OF ARVIN
Staff Report
Meeting Date: August 22, 2023
TO: Arvin City Council
FROM: John Burdette & Gerry Lemus, Veolia North America Jeff Jones, City Manager / Finance Director
SUBJECT: A Public Hearing to Consider Approval of A Resolution of the City Council of the City of Arvin Adopting Certain Findings and Approving A Master Services Agreement for Energy Related Improvements to City of Arvin’s Wastewater Treatment Plant with Enovity, A Veolia Company.

BACKGROUND:

Veolia proposes to install a solar renewable energy generating system at the City of Arvin wastewater treatment plant (WWTP) to reduce utility costs required to operate the WWTP. City Council provided direction to Veolia to move forward and to complete the required engineering and design in order to meet the PG&E Interconnection Application Deadline of April 14th, 2023, to ensure the City of Arvin would be grandfathered into the PG&E Net Energy Metering (NEM) v2.0 program. City Council also provided direction to abandon the Power Purchase Agreement (PPA) funding approach and directed Veolia to submit an application to the California Energy Commission (CEC) Energy Conservation Assistance Act (ECAA) (1% Interest) Loan Program to fund the project.

Veolia has successfully completed the above tasks and has received acknowledgement from both PG&E and the CEC that the City of Arvin’s applications have been received and are being processed. Veolia has worked with the City Manager and City Attorney to present a Master Services Agreement, the terms of which, have been approved by Veolia, City Staff, and City Attorney.

Veolia has conducted a detailed solar renewable energy model and cost analysis to determine the economic feasibility of implementing such a system. The data indicates that the PG&E and Constellation Energy cost of electricity including generation, transmission and distribution charges has been escalating at a rate of 10%+ per year over time, well above the Consumer Price Index (CPI) escalation rate allowed in the Veolia contract to manage the City of Arvin’s wastewater treatment plant electricity consumption. It has been determined that a solar renewable energy generation system located at the WWTP would create significant value and a handsome return on investment (ROI) for the City of Arvin. ROI’s estimates range from conservative coming in at 390%+ ROI and up to 900%+ ROI, over the life of the system, if

4.A.2
Attachment: Staff Report Request from Veolia to Install Solar System at WWTP_082223 [Revision 1] (Enovity - Master Services Agreement -

Page 2 of 3 ends

Staff Report – Master Services Agmt with Enovity – Solar Renewable Energy for WWTP. escalation rates continue at the same rate as they have over the last 40 years in the PG&E service territory.

The project will also include avoided capital expenditures that the City of Arvin would have had to pay for as a capital expense, out of the city’s budget in the near future. Veolia proposed to include upgrading the main electrical switchgear on the City’s side of the PG&E meter from 800 amps to 2000 amps and also includes the relocation and increasing the size of the “centrate” drain pipe line. Both projects were upcoming capital expenditures for the City of Arvin, which can now be included in this proposed project's costs. Additionally, because these scope of work items are included in this proposed project, they become eligible for the Federal Investment Tax Credits (ITC), thereby reducing the effective costs of this scope of work by 30-40%.

Veolia has moved forward, by direction of the City Council and has funded, all project development, engineering, PG&E interconnection services, and associated fees to secure and grandfather the City of Arvin on the current Net Energy Metering (NEM v2.0) program, which offers 75% more bill credits for renewable energy generation than the new NEM v3.0 program which starts on April 15th, 2023.

The proposed solar renewable energy system will reduce costs significantly and immediately reduce electric charges. The proposed system will also fix the payments, offering a solid hedge against the high inflation of PG&E delivered power and offer an avoided utility cost savings for the City of Arvin and residents.

California Energy Commission (CEC) Energy Conservation Assistance Act (ECAA) One Percent (1%) Interest Loan Program
The State of California provides a revolving loan program to assist municipalities in implementing renewable energy and energy efficiency projects to save operating costs and reduce carbon footprint.

Per City Council’s direction, at the City Council Meeting on April 25th, 2023. Veolia has submitted the feasibility study to the California Energy Commission for their review and approval. Veolia has received acknowledgement that the application has been accepted and the anticipated funding date for the project will be July 2024.

United States Federal Investment Tax Credit (ITC), Cash Payment Option for Municipal Entities Veolia will also assist the City of Arvin secure the $1,285,714.00 from the United States Treasury. This cash payment combined with the CEC ECAA 1% Interest Loan, fully funds the project with an Annual Percentage Rate (APR) of less than one percent (1%) when the two funding sources are combined. The City of Arvin may also qualify for an additional 10% bonus on the ITC Cash Payment for being a disadvantaged community. It is Veolia’s position that the City of Arvin can qualify for the additional funding, however, the guidelines have not yet been

4.A.2
Attachment: Staff Report Request from Veolia to Install Solar System at WWTP_082223 [Revision 1] (Enovity - Master Services Agreement -

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Staff Report – Master Services Agmt with Enovity – Solar Renewable Energy for WWTP. fully defined by the Internal Revenue Service (IRS) and this bonus ITC Cash Payment is not included in the financial projections. If the City of Arvin does qualify for this additional payment from the IRS, the financial ROI’s will improve even more.

ENVIRONMENTAL:

The project is deemed to be categorically exempt from CEQA and Veolia has filed a Notice of Exemption (NOE) which will include a brief description of the proposed project, the location of the project, a finding that the project is exempt from CEQA, including a citation to the appropriate exemption, and a brief statement of the reasons to support the finding that this project is exempt per CEQA guidelines (15062(a).)
If a NOE is filed after project approval, it will trigger a 35-day statue of limitations for challenging the agency’s decision that the project is exempt from CEQA. (Pub. Res. Code 21167(d); Guidelines 15062(d).) If the NOE is not filed, the time period for challenging the action under CEQA is normally 180 days following the agency’s approval. (Pub. Res. Code 21167(d); Guidelines 15062(d).)
If CEQA comes back and requires more information, Veolia will prepare a Negative Declaration concluding that the project will not cause a significant effect on the environment per (Pub. Res.

Code 21080(c).); Guidelines 15070 et seq. (negative declaration process).) A negative declaration is a written statement that an Environmental Impact Report (EIR) is not required because the project will not have a significant adverse impact on the environment. (Pub. Res.

Code 21064, 21080(c).)
STAFF RECOMMENDATION:

Staff recommends that the Council act and approve the Master Services Agreement as presented by Veolia to implement the solar renewable energy generating system at the City of Arvin’s WWTP.

FINANCIAL IMPACT: $3,000,000.00 CEC ECAA Loan Required by City of Arvin $1,285,714.00 US Federal 30% ITC – Cash Payment
$4,285,714.00 Total Funding
$3,900,000.00 Veolia Contract Implementation Cost
$ 385,714.00 PG&E Utility Service Upgrade Contingency
$4,285,714.00 Total Funding
$16,859,478.00 Projected Electrical Cost Savings over life of Solar Renewable Energy System
ATTACHMENTS:

Resolution
Veolia FBS Program – The City of Arvin Solar WWTP R4 - 08222023

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Attachment: Staff Report Request from Veolia to Install Solar System at WWTP_082223 [Revision 1] (Enovity - Master Services Agreement - Reso Approving Solar Master Services Agreement for Energy Related Improvements to City of Arvin WWTP with Enovity, a Veolia Company.

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RESOLUTION NO. _______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARVIN

ADOPTING CERTAIN FINDINGS AND APPROVING A MASTER

SERVICES AGREEMENT FOR ENERGY RELATED IMPROVEMENTS
TO CITY OF ARVIN’S WASTEWATER TREATMENT PLANT WITH
ENOVITY, A VEOLIA COMPANY.

WHEREAS California Government Code Section 4217.10 to 4217.18, authorizes the City of Arvin to enter into a Master Services Agreement for the implementation of energy related improvements if the City of Arvin finds that it is in the best interest of the City of Arvin to enter into such Master Services Agreement and that the anticipated cost to the City of Arvin for thermal or electrical energy or conservation services under the contract will be less than the anticipated marginal cost to the City for thermal, electrical, or other energy that would have been consumed by the City in the absence of such a contract; and WHEREAS the cost for thermal or electrical energy or conservation services provided under the proposed Master Services Agreement by and between the City of Arvin and Enovity, a Veolia Company, for the implementation of certain energy measures, will be less than the anticipated marginal cost to the City for thermal, electrical, or other energy that would have been consumed by the City in the absence of the implementation of the improvements under the Master Services Agreement, also known as, an Energy Service Contract.

NOW THEREFORE, the City Council of the City of Arvin finds and adopts the following:

SECTION 1. That the foregoing findings and recitals are true and correct.

SECTION 2. That the City of Arvin hereby declares its intention to enter into the proposed agreement with Enovity, a Veolia Company for energy conservation services for the City of Arvin facilities as defined by the Master Services Agreement, a true and correct copy of which is attached hereto as Exhibit “A.” SECTION 3. That the City Council authorizes the City Manager or his/her designee to execute all documents necessary to enter into the Agreement with Enovity, a Veolia Company, for energy conservation services for the City of Arvin facilities as defined by the Master Services Agreement.

SECTION 4. That this Resolution shall become effective immediately upon adoption by the City Council.

SECTION 5. That the City Clerk shall certify to the passage and adoption of this Resolution.
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Attachment: Reso Approving Solar Master Services Agmt for Energy Related Imp to COA WWTP with Enovity, A Veolia Company_082223 Reso Approving Solar Master Services Agreement for Energy Related Improvements to City of Arvin WWTP with Enovity, a Veolia Company.

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I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the City Council of the City of Arvin at its regular meeting thereof held on the 22nd day of August 2023 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST
CECILIA VELA, City Clerk

CITY OF ARVIN
By:

OLIVIA TRUJILLO, Mayor
APPROVED AS TO FORM:

By:

NATHAN HODGES, City Attorney
Hodges Law Group
I, ____________________________, City Clerk of the City of Arvin, California, DO HEREBY CERTIFY that the foregoing is a true and accurate copy of the Resolution passed and adopted by the City Council of the City of Arvin on the date and by the vote indicated herein.

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EXHIBIT A

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Attachment: Reso Approving Solar Master Services Agmt for Energy Related Imp to COA WWTP with Enovity, A Veolia Company_082223 Enovity, Inc. / City of Arvin
Master Services Agreement

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MASTER SERVICES AGREEMENT
This Master Services Agreement (this “Agreement”) is made effective as of the date of the last signature hereto (“Effective Date”) by and between Enovity, Inc., a California corporation and a Veolia company, with an address at 100 Montgomery St. Suite 600, San Francisco, California 94104 (“Service Provider”), and City of Arvin, California, with an office at 200 Campus Dr. Arvin, CA 93203 (“Client”) (each of Service Provider and Client a “Party” and, together, the “Parties”).

WHEREAS, California Government Code section 4217.10, et seq., authorizes the Client, as a public agency, to enter into an energy services agreement wherein the Service Provider provides conservation services to the Client from an energy conservation facility on terms that its governing body determines are in the best interest of the Client;
WHEREAS, pursuant to California Government Code section 4217.11(d), “conservation services” include electrical, thermal, or other energy savings resulting from conservation measures, which shall be treated as a supply of such energy;
WHEREAS, through this Agreement, Client intends to contract for implementation, including engineering, system design, fabrication and installation, of renewable energy generation and energy management systems that will result in energy savings to Client and which shall be a supply of energy to Client at various sites owned or controlled by Client, consistent with the terms of California Government Code section 4217.10, et seq.;
WHEREAS, Client’s governing body, after holding a hearing at a regularly scheduled public hearing and after having provided two weeks advance notice of such hearing, made all findings required by Government Code section 4217.12 for Client to enter into this Agreement; NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter set forth and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Service Provider and Client agree as follows:

1. Scope of Services. Service Provider shall provide to Client the services (the “Services”) set out in one or more statements of work to be executed between Client and Service Provider (each, a “Statement of Work”) for an individual project (each, a “Project”) from time to time. The initial accepted Statement of Work is attached hereto as Exhibit A. Service Provider shall be responsible for the professional quality, technical accuracy, and timely completion of its Services. Service Provider shall cooperate with Client’s construction manager, architects and engineers, as well as any consultants for the Project as needed in the performance of the Services. Service Provider is responsible for the execution of all aspects of its services and shall coordinate its services with Client’s facility management staff.

2. Service Provider Obligations. Service Provider shall:

2.1. Designate employees or contractors that it determines, in its sole discretion, to be capable of filling the following positions:

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(a) A person to act as its authorized representative with respect to all matters pertaining to this Agreement (the “Service Provider Contract Manager”), which person will initially be Jeff Guild. (b) A person to act as its authorized representative with respect to each Statement of Work (“Project Representative” and, together with the Service Provider Contract Manager, the “Provider Representatives”), which person will initially be Mirna Romero.

2.2. Make no changes in Provider Representatives except:
(a) Following notice to Client.
(b) Upon the resignation, termination, death, or disability of an existing Provider Representative. (c) At the reasonable request of Client, in which case Service Provider shall use reasonable efforts to appoint a replacement at the earliest time it determines to be commercially viable.

3. Client Obligations. Client:

3.1. Shall designate one of its employees to serve as its primary contact with respect to this Agreement and to act as its authorized representative with respect to matters pertaining to this Agreement (the “Client Contract Manager”), with such designation to remain in force unless and until a successor Client Contract Manager is appointed, and which person shall initially be Jeff Jones.

3.2. Shall require that the Client Contract Manager respond promptly to any reasonable requests from Service Provider for instructions, information, or approvals required by Service Provider to provide the Services.

3.3. Shall cooperate with Service Provider in its performance of the Services and provide access to Client’s premises for Service Provider’s employees, contractors, and equipment as required to enable Service Provider to provide the Services.

3.4. Shall take all steps necessary, including obtaining any required licenses or consents, to prevent Client-caused delays in Service Provider’s provision of the Services.

3.5. Represents and warrants to Service Provider that it has fulfilled all requirements to enter into a contract pursuant to California Government Code section 4217.12, including, but not limited to, Client’s governing body, after holding a hearing at a regularly scheduled public hearing and after having provided two weeks advance notice of such hearing, making all findings required by Government Code section 4217.12 for Client to enter into this Agreement.

4. Fees and Expenses.

4.1. As compensation for the satisfactory completion of the Services, Client shall pay Service Provider monthly, based on invoiced amounts representing percentage of Project completion during the month per the applicable Statement of Work, up to the total amount listed in such Statement of Work. A schedule of values will be developed by Service Provider for each project and included in the applicable Statement of Work.

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4.2. [Reserved]

4.3. Service Provider shall invoice Client on the last day of each month for actual services and expenses rendered by the Service Provider during the month. Client shall remit payment for the undisputed portion of each invoice to Service Provider within thirty (30) days following receipt of Service Provider invoice.

Client shall specifically identify disputed portions of each invoice and the reason(s) for such dispute. Client shall not withhold any payment as an offset to claimed or alleged costs or delays.

4.4. Client shall be responsible for all sales, use, and excise taxes, and any other similar taxes, duties, and charges of any kind imposed by any federal, state, or local governmental entity on any amounts payable by Client hereunder; provided, that, in no event shall Client pay or be responsible for any taxes imposed on, or with respect to, Service Provider’s income, revenues, gross receipts, personnel, or real or personal property, or other assets.

4.5. Except for invoiced payments that the Client is disputing in good faith, all late payments shall bear interest at the lesser of the rate of 1% per month or the highest rate permissible under California law, whichever is lower, calculated daily and compounded monthly. Client shall also reimburse Service Provider for all reasonable costs incurred in collecting any late payments, including, without limitation, attorneys’ fees.] In addition to all other remedies available under this Agreement or at law (which Service Provider does not waive by the exercise of any rights hereunder), Service Provider shall be entitled to suspend the provision of any Services if the Client fails to pay any amounts when due hereunder and such failure continues for seven (7) days following written notice thereof.

5. Additional Services. If the Client requires Additional Services during the Term of this Agreement, Service Provider may provide such Additional Services as are requested by Client or deemed necessary by Service Provider for timely and successful completion of any Project. The compensation for such Additional Services will be agreed upon prior to performing such Additional Services..

6. Limited Warranty and Limitation of Liability.

6.1. Service Provider warrants that it shall perform the Services:
(a) In a timely, workmanlike, and professional manner in accordance with the terms and subject to the conditions set forth in the applicable Statement of Work and this Agreement. (b) Consistent with and limited to the standard of care applicable to such Services, which is that Service Provider shall provide its Services consistent with the professional skill and care ordinarily provided by others in the same profession practicing in the same or similar locality under the same or similar circumstances. The professional quality, technical accuracy, completeness and coordination of all reports, designs, plans, information, specifications, and other items and services furnished under this Agreement shall be consistent with these standards of care. (c) To the extent the Services include equipment, Service Provider shall procure and assign to Client warranties from the equipment manufacturers (the “Manufacturer Warranty”) to the extent said equipment is purchased and provided for a Project. Service Provider makes no representation or warranty, and Client shall seek no recourse from Service Provider, regarding the Manufacturer Warranties.

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6.2. Service Provider’s sole and exclusive liability and Client’s sole and exclusive remedy for breach of this warranty shall be as follows:
(a) For one (1) year following the completion of Services under a Statement of Work, Service Provider shall use reasonable commercial efforts to promptly cure any such breach with respect to such Services; provided, that if Service Provider cannot cure such breach within a reasonable time (but no more than ninety (90) days) after Client’s written notice of such breach, Client may, at its option, terminate the Agreement by serving written notice of termination in accordance with 9.2. (b) In the event the Agreement is terminated pursuant to 6.2(a) above, Service Provider shall within thirty (30) days after the effective date of termination, refund to Client any fees paid by the Client as of the date of termination for such Services, less a deduction equal to the value of Services not affected by the breach of this warranty.

6.3. SERVICE PROVIDER MAKES NO WARRANTIES EXCEPT FOR THAT PROVIDED IN 6.1, ABOVE. ALL OTHER WARRANTIES, EXPRESS AND IMPLIED, ARE EXPRESSLY DISCLAIMED.

7. Intellectual Property. All intellectual property rights, including copyrights, patents, patent disclosures, and inventions (whether patentable or not), trademarks, service marks, trade secrets, knowhow, and other confidential information, trade dress, trade names, logos, corporate names, and domain names, together with all of the goodwill associated therewith, derivative works, and all other rights (collectively, “Intellectual Property Rights”) in and to all documents, work product, and other materials that are delivered to Client under this Agreement or prepared by or on behalf of the Service Provider in the course of performing the Services, including any items identified as such in the Statement of Work (collectively, the “Deliverables”), except for any Confidential Information of Client or customer materials, shall be owned by Service Provider. Service Provider hereby grants Client a license to use all Intellectual Property Rights in the Deliverables free of additional charge and on a non-exclusive, worldwide, nontransferable, non-sublicensable, fully paid-up, royalty-free, and perpetual basis to the extent necessary to enable Client to make reasonable use of the Deliverables and the Services.

8. Confidentiality. From time to time during the Term of this Agreement, either Party (as the “Disclosing Party”) may disclose or make available to the other Party (as the “Receiving Party”), nonpublic, proprietary, and confidential information of Disclosing Party that, if disclosed in writing or other tangible form is clearly labeled as “confidential,” or if disclosed orally, is identified as confidential when disclosed and within thirty (30) days thereafter, is summarized in writing and confirmed as confidential (“Confidential Information”); provided, however, that Confidential Information does not include any information that: (a) is or becomes generally available to the public other than as a result of Receiving Party’s breach of this 8; (b) is or becomes available to the Receiving Party on a non-confidential basis from a third-party source, provided that such third party is not and was not prohibited from disclosing such Confidential Information; (c) was in Receiving Party’s possession prior to Disclosing Party’s disclosure hereunder; or (d) was or is independently developed by Receiving Party without using any Confidential Information. The Receiving Party shall: (x) protect and safeguard the confidentiality of the Disclosing Party’s Confidential Information with at least the same degree of care as the Receiving Party would use to protect its own Confidential Information, but in no event with less than a commercially reasonable degree of care; (y) not use the Disclosing Party’s Confidential Information, or permit it to be accessed or used, for any purpose other than to exercise its rights or perform its obligations under this Agreement;

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and (z) not disclose any such Confidential Information to any person or entity, except to the Receiving Party’s Group who need to know the Confidential Information to assist the Receiving Party, or act on its behalf, to exercise its rights or perform its obligations under this Agreement.

If the Receiving Party is required by applicable law or legal process to disclose any Confidential Information, it shall, prior to making such disclosure, use commercially reasonable efforts to notify Disclosing Party of such requirements to afford Disclosing Party the opportunity to seek, at Disclosing Party’s sole cost and expense, a protective order or other remedy. For purposes of this 8 and 9.4 only, Receiving Party’s Group shall mean the Receiving Party’s affiliates and its or their employees, officers, directors, shareholders, partners, members, managers, agents, service providers, sublicensees, subcontractors, attorneys, accountants, and financial advisors.

9. Term, Termination, and Survival.

9.1. This Agreement shall commence as of the Effective Date and shall continue thereafter until the completion of the Services under all Statements of Work or five (5) years, whichever is later, unless sooner terminated pursuant to 9.2 or 9.3 (the “Term”).

9.2. Either Party may terminate this Agreement, effective upon written notice to the other Party (the “Defaulting Party”), if the Defaulting Party:
(a) Materially breaches this Agreement, and such breach is incapable of cure, or with respect to a material breach capable of cure, the Defaulting Party does not cure such breach within thirty (30) days after receipt of written notice of such breach.
(b) Becomes insolvent or admits its inability to pay its debts generally as they become due. (c) Becomes subject voluntarily to any proceeding under any domestic or foreign bankruptcy or insolvency law or subject to any involuntary version of such proceeding that is not dismissed or vacated within 45 days after filing.
(d) Is dissolved or liquidated or takes any corporate action for such purpose. (e) Makes a general assignment for the benefit of creditors. (f) Has a receiver, trustee, custodian, or similar agent appointed by order of any court of competent jurisdiction to take charge of or sell any material portion of its property or business.

9.3. Notwithstanding anything to the contrary in 9.2(a), Service Provider may terminate this Agreement before the expiration date of the Term on written notice if Client fails to pay any amount when due hereunder and such failure continues for 30 days.

9.4. The rights and obligations of the Parties set forth in this Section 9.4 and in Section 10, Section 11, and any right or obligation of the Parties in this Agreement which, by its nature, should survive termination or expiration of this Agreement, will survive any such termination or expiration of this Agreement, and with respect to Confidential Information that constitutes a trade secret under applicable law, the rights and obligations set forth in 8 hereof will survive such termination or expiration of this Agreement until, if

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ever, such Confidential Information loses its trade secret protection other than due to an act or omission of the Receiving Party or the Receiving Party’s Group.

10. Indemnification.

10.1. Service Provider hereby agrees to indemnify and hold Client and its officers and directors, attorneys, agents, employees, and representatives (“Indemnified Parties”) harmless from and against any and all claims, liabilities, suits, demands, losses, costs and expenses, including, but not limited to, reasonable attorneys’ fees and all legal expenses and fees incurred through appeal, and all interest thereon, accruing or resulting to any and all persons, firms or any other legal entities on account of any damages or losses to property or persons, including injuries or death, or economic losses that arise as a result of Service Provider’s negligence, recklessness, or willful misconduct under this Agreement; provided, Service Provider shall be liable only for that percentage of total damages that corresponds to its percentage of total negligence or fault.
(a) Notwithstanding anything to the contrary in this Agreement, if Service Provider’s obligation to defend, indemnify, and/or hold harmless any of the Indemnified Parties arises out of Service Provider’s performance of “design professional” services (as that term is defined under California Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, such obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Service Provider, and, upon Service Provider obtaining a final adjudication by a court of competent jurisdiction, Contractor’s liability for such claim, including the cost to defend, shall not exceed the Service Provider’s proportionate percentage of fault.

10.2. Client agrees to indemnify and hold Service Provider and its officers and directors, attorneys, agents, employees and representatives harmless from and against any and all claims, liabilities, suits, demands, losses, costs and expenses, including, but not limited to, reasonable attorneys’ fees and all legal expenses and fees incurred through appeal, and all interest thereon, accruing or resulting to any and all persons, firms or any other legal entities on account of any damages or losses to property or persons, including injuries or death, or economic losses, that arise as a result of (i) concealed or unknown conditions at a Project site, (ii) the performance or non-performance of obligations under this Agreement by the Client, or (iii) the negligence, recklessness, or willful misconduct of Client, except that this obligation shall not arise to the extent such damages or losses are found by a court or forum of competent jurisdiction to be solely caused by Service Provider’s own negligent errors or omissions.

11. Limitation of Liability.

11.1. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER OR TO ANY THIRD PARTY FOR ANY

LOSS OF REVENUE, PROFIT, OR LOSS OF DATA OR DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL,

INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF

BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER

SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE

POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.

11.2. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, IN NO EVENT SHALL SERVICE PROVIDER’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO ANY STATEMENT OF WORK

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UNDER THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE AGGREGATE AMOUNTS PAID OR PAYABLE TO SERVICE PROVIDER PURSUANT TO SUCH STATEMENT OF WORK.

12. Insurance.

12.1. Service Provider shall maintain:
(a) Statutory workers compensation for all of Service Provider’s employees associated with each Project in the amount required by the jurisdiction in which the Project is located. (b) Comprehensive general liability insurance in the amount of $1,000,000 per occurrence.

12.2. Client shall maintain:
(a) Statutory workers compensation for all of Client’s employees associated with each Project in the amount required by the jurisdiction in which the Project is located. (b) Property damage insurance for all property owned by Client associated with each Project. Any property, including vehicles, not properly or fully insured shall be the financial responsibility of Client.

12.3. Each Party will cause the other Party to be added as additional insured on the above insurance policies (except workers compensation or any professional liability insurance required to be maintained) and will require its insurance carrier to provide the other party at least thirty (30) days’ notice of the cancellation of such policies. Service Provider may self-insure reasonable deductible amounts under the policies it is required to maintain to the extent permitted by law. Each policy shall provide a waiver of subrogation in favor of the other Party.

13. Entire Agreement. This Agreement, including and together with any related Statements of Work, exhibits, schedules, attachments, and appendices, constitutes the sole and entire agreement of the Parties with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such subject matter. The parties acknowledge and agree that if there is any conflict between the terms and conditions of this Agreement and the terms and conditions of any Statement of Work, the terms and conditions of this Agreement shall supersede and control.

14. Notices. All notices and other communications hereunder shall be in writing and shall be deemed to be given if delivered personally or by facsimile transmission, emailed, or mailed by registered or certified mail (return receipt requested), postage prepaid, or deposited for overnight delivery with a reputable overnight delivery service, such as Federal Express, to the parties at the following addresses (or at such other address for the party as shall be specified by like notices; provided that notices of a change of address shall be effective only upon receipt thereof):

Notice to Client: City of Arvin
200 Campus Dr.

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Arvin, CA 93203
Attn: Jeff Jones
Email: [email protected]
With a copy to: Nathan Hodges, City Attorney
Hodges Law Group
1925 G Street
Bakersfield, CA 93301
[email protected]
Notice to Service Provider: Enovity, Inc.
100 Montgomery St., Suite 600,
San Francisco, California 94104
Attn: Jeff Guild
Email: [email protected]
With a copy to: Veolia North America, LLC
53 State Street, 14th Floor
Boston, MA 02109
Attn: General Counsel
Email: [email protected]

15. Severability. If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. Upon a determination that any term or provision is invalid, illegal, or unenforceable, the court may modify this Agreement to effect the original intent of the Parties as closely as possible in order that the transactions contemplated hereby be consummated as originally contemplated to the greatest extent possible.

16. Amendments.

16.1. No amendment to or modification of or rescission, termination, or discharge of this Agreement is effective unless it is in writing and signed by each Party.

16.2. Should Service Provider become aware of a change in the scope of its Services and/or schedule to complete its services that affect any Statement of Work, Service Provider shall advise Client in writing within five (5) business days. Changes to the scope of Services that affect the fees for the applicable Statement of Work shall state clearly the justification for the additional fee, the amounts, and request approval of a contract change order.

17. Waiver. No waiver by any Party of any of the provisions of this Agreement shall be effective unless explicitly set forth in writing and signed by the Party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof, nor shall any single or partial

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exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

18. Assignment. Neither Party may assign, transfer, delegate, or subcontract any of its rights or delegate any of its obligations under this Agreement without the prior written consent of the other Party.

Any purported assignment or delegation in violation of this Section 18 shall be null and void.

19. Successors and Assigns. This Agreement is binding on and inures to the benefit of the Parties to this Agreement and their respective permitted successors and permitted assigns.

20. Relationship of the Parties.

20.1. The relationship between the Parties is that of independent contractors. Nothing contained in this Agreement shall be construed as creating any agency, partnership, joint venture, or other form of joint enterprise, employment, or fiduciary relationship between the parties, and neither party shall have authority to contract for or bind the other party in any manner whatsoever.

20.2. Client understands and acknowledges that Service Provider shall not have control over or charge of, and shall not be responsible for, construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Services described herein, since these are solely the Client’s and/or its contractors’ responsibility. Service Provider shall not be responsible for Client’s contractors’ schedules or failure to carry out any Project. Service Provider shall not have control over or charge of acts or omissions of contractors, subcontractors, or their agents or employees, or of any other persons working on the Project who are not employees or contractors of Service Provider.

21. No Third-Party Beneficiaries. This Agreement benefits solely the Parties to this Agreement and their respective permitted successors and assigns and nothing in this Agreement, express or implied, confers on any other Person any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of this Agreement.

22. Force Majeure. No Party shall be liable or responsible to the other Party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any obligations of the Client to make payments to Service Provider hereunder), when and to the extent such failure or delay is caused by or results from acts beyond the impacted Party’s reasonable control, including, without limitation, the following force majeure events: (a) acts of God; (b) flood, fire, earthquake, epidemic (including COVID-19), or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or actions, or changes in any applicable law or regulation; (e) embargoes or blockades in effect on or after the date of this Agreement; (f) national or regional emergency; (g) strikes, labor stoppages or slowdowns, or other industrial disturbances; (h) shortage of adequate power or transportation facilities; and (i) other events beyond the reasonable control of the impacted Party.

23. Choice of Law. This Agreement and all related documents are governed by, and construed in accordance with, the laws of the State of California, excepting those provisions dealing with conflicts of law.

24. Mandatory Mediation. Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to the institution of legal or

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Master Services Agreement

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equitable proceedings by either party. If such matter relates to or is the subject of a lien arising out of Service Provider’s services, Service Provider may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the matter by mediation or by arbitration. The Parties shall endeavor to resolve claims, disputes and other matters in question between them by mediation which, unless the Parties mutually agree otherwise, shall be in accordance with the rules and procedures of the American Arbitration Association or Judicial Arbitration and Mediation Services, Inc. currently in effect. The request may be made concurrently with the filing of legal or equitable proceedings, but, in such event, mediation shall proceed in advance of such legal or equitable proceedings, which shall be stayed pending mediation for a period of sixty (60) days from the date of filing, unless stayed for a longer period by agreement of the Parties or court order. The Parties agree to split the mediator’s fee and any filing fees equally. The mediation shall be held in Bakersfield, California, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof.

25. Jurisdiction. Each Party irrevocably and unconditionally agrees that it will not commence any action, litigation, or proceeding of any kind whatsoever against the other Party in any way arising from or relating to this Agreement, including all exhibits, schedules, attachments, and appendices attached to this Agreement, and all contemplated transactions, in any forum other than the courts of the State of California sitting in Kern County and any applicable appellate court. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of such courts. Each Party agrees that a final judgment in any such action, litigation, or proceeding is conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law.

26. Counterparts. This Agreement may be executed in counterparts, each of which is deemed an original, but all of which together are deemed to be one and the same agreement, and a signed copy of this Agreement delivered by facsimile, email, or other means of electronic transmission is deemed to have the same legal effect as delivery of an original signed copy of this Agreement. [Signature Page Follows]

4.A.4
Attachment: Enovity Master Services Agreement City of Arvin (Final) 080923 (Enovity - Master Services Agreement - Energy Related Enovity, Inc. / City of Arvin
Master Services Agreement

Page 11 ends

IN WITNESS WHEREOF, the undersigned warrant and represent that they have been duly authorized to sign this Agreement on behalf of their respective Parties:

CLIENT: SERVICE PROVIDER:

City of Arvin, California Enovity, Inc.

By: By:

Name: Jeff Jones Name: Amin Najjar
Title: City Manager Title: President and Chief Executive Officer APPROVED AS TO FORM:

By:

Name: Nathan Hodges
Title: City Attorney

4.A.4
Attachment: Enovity Master Services Agreement City of Arvin (Final) 080923 (Enovity - Master Services Agreement - Energy Related Exhibit A

STATEMENT OF WORK
THIS STATEMENT OF WORK (this “SOW”) is governed by the Master Services Agreement (the “Agreement”) entered into between Enovity, Inc. ("Service Provider") and City of Arvin, California ("Client"), dated August 22, 2023.

1. Project Overview
Service Provider will provide engineering, permitting, procurement, construction and commissioning, supervision, materials and supplies, labor, tools, construction equipment and machinery, transportation, and funding assistance for the proper execution and completion of a fully integrated and operational solar renewable energy system to provide renewable clean energy for the Client’s Wastewater Treatment Plant (“WWTP”), resulting in reducing greenhouse gas emissions and carbon footprint.

The City of Arvin’s WWTP consumes 1,379,339.00 kilowatt hours (kWh) annually under normal loaded conditions with planned process expansion and city growth planned in the near future. The solar system has been sized to produce 1,488,267 kWh annually. The high efficiency solar modules / panels will be mounted on a ground mounted, fixed tilt, racking system to maximize electrical performance and minimize ongoing operations and maintenance. Figure 1.0 shows the proposed layout and location of the solar panel array.

The main electrical switchgear being fed from a PG&E owned transformer is currently sized at 800 amps and will have to be upsized to a 2,000 amp service to accept the solar renewable energy system that currently serves the WWTP’s electrical load. This electrical upgrade is required for future processes and WWTP expansion as the city grows.

A part of the Project, the Service Provider plans to relocate and upsize the “centrate” line as it is currently installed in the proposed location for the solar renewable energy system. By relocating the centrate line, it will prevent taking the solar renewable energy system out of service in event this line needed to be serviced, repaired or replaced in the future. This is also a scope item that was going to have to be funded as a capital expense by the Client and is now being funded completely by the solar renewable energy system project.

4.A.4
Attachment: Enovity Master Services Agreement City of Arvin (Final) 080923 (Enovity - Master Services Agreement - Energy Related Enovity, Inc. / City of Arvin, California
Exhibit A Statement of Work

Page 2 ends

Figure 1.0 - Helioscope Solar Design and Layout - Ground Mounted, Fixed Tilt

2. Payment
Client shall pay Service Provider $3,900,000 for the Project.

Service Provider will issue invoices and Client shall make payments in accordance with Section 4 of the Agreement and a schedule of values attached as Schedule 1.

To manage pricing and availability of equipment and potential cost impacts to the Project, Service Provider will coordinate with the Client to accommodate and mitigate such impacts. Accommodations may include, but are not limited to, allowing Service Provider to invoice Client for advance/prepayment and early deliveries of goods to a secure offsite location.

3. Timeline
The Pacific Gas and Electric (“PG&E”) interconnection application was submitted on April 14, 2023, and is pending approval. PG&E allows 36 months for Final Completion from the date of the interconnection approval to grandfather NEM 2.0 rates.

Service Provider will make commercially reasonable efforts to achieve Final Completion no later than 36 months from the date of approval of the interconnection application by PG&E. Upon such approval,

Page 3 ends

Service Provider and Client will work in good faith to establish a detailed Project schedule. Once a schedule is established and Client has secured funding, Client will issue Service Provider a written notice to proceed to begin work on the Project and proceed to Substantial Completion and Final Completion.

Service Provider shall not be liable, nor be deemed to have defaulted under or breached this Agreement, for failure to achieve Final Completion by 36 months from the date of approval of the interconnection application, when such failure is caused by or results from acts beyond the Service Party’s reasonable control, including but not limited to delays caused by Client in issuing a notice to proceed, delays caused by failure to make timely payments, or delays caused by upgrading of electrical services that are not the responsibility of Service Provider.
“Substantial Completion” means the date when the Project is sufficiently complete according to the Construction Documents to allow Client to utilize the Project for its intended purpose (but for interconnection). Substantial Completion will occur prior to interconnection. “Final Completion” occurs on the date when the Service Provider has completed the construction work in accordance with the Construction Documents; interconnection is completed; systems are tested and functional; all final punch list items have been completed and accepted by Client; all close-out documentation required under the Construction Documents have been transmitted to Client; and the Construction Permits have been approved by relevant governmental authorities.

4. Scope of Work
A. General
Provide a solar renewable energy system consisting of solar modules / panels, support structures for the solar modules / panels, inverters, system electrical protection, electrical disconnects, switchgear, control and monitoring systems, outdoor rated equipment enclosures, cables, wires, jumpers, connectors, system grounding and associated trenching and/or directional boring, equipment foundations, and signage.

All pricing and scope of work is dependent upon approval of the PG&E interconnection application submitted April 14, 2023.

B. Engineering Design Services
Provide the following Electrical Systems Design services:
i. Solar modules / panels
ii. Inverter
iii. DC Combines, disconnects, fuses, wiring
iv. AC breakers and disconnects
v. Revenue grade meter
vi. Enclosures, conduit, and wiring
vii. Communications and control systems as described herein viii. Other electrical systems included in the Scope of Work ix. Utility Interconnection Application and Agreement

Page 4 ends

C. Permits
Service Provider will obtain and shall file on a timely basis any documents required to obtain all fire and general construction and building permits (the “Construction Permits”). Client shall obtain, and shall file on a timely basis, any documents required to obtain all required permits other than Construction Permits (the “Client Permits” and, together with the Construction Permits, the “Permits”). Client shall pay for all taxes, fees, and costs required to obtain all Permits.

D. Investigate and Pothole for Centrate Line Relocation Provide labor and equipment to investigate and potholing of a new alignment for the centrate line leaving the Belt Press building and going to the manhole located at the North East corner of the Wastewater Treatment Plant.

E. Centrate Line Relocation
Install new centrate line from Belt Press to existing manhole to the North East of press building.

Approximately 210 linear feet. This quote is based on depth less than 6 feet. No provision for shoring is included.

F. Earthwork / Grading
Provide all necessary grading and earthwork is included in order to install ground mounted, fixed tilt, solar racking system.

G. Procurement
Procure all materials and equipment required for the installation of a complete System under this SOW.

H. New Switchgear
i.Increase switchgear from 800 amp to 2000 amp services per the Interconnection application. ii.Install a new concrete pad for the new switchgear (located adjacent to the existing switchgear outside).

I. Construction Services
Service Provider shall provide the following as part of the general construction activities:
i. Structural construction including erection of PV racks ii. Civil construction, including surveying, clearing, grubbing, excavating, trenching, backfill and fencing.
iii. Electrical construction, including PV modules, combiners, inverter, disconnects, wiring, breakers, metering, control and monitoring systems as required for a complete System iv. Safety services, including on-site safety equipment, personnel training, and safety monitoring of construction activities.
v. Coordination with Client’s staff for site access, laydown, and storage with minimal interference with site operations.
vi. Operator training services.
vii. Construction inspections, material verification, and testing as required. viii. Lawful disposal of refuse, chemicals, and waste materials brought on site through the performance of the Project.
ix. Testing and start-up services are included. Testing shall include pre-operational functional tests, equipment calibration. All necessary test equipment and instrumentation will be provided.
x. Coordination with Client’s staff and representatives for all inspections and submittals.

Page 5 ends

J. Documentation of Submittals
Service Provider will prepare and submit designs, drawings, and specifications to the Client for review and approval. Client shall review the documents and provide any comments in writing to Service Provider within ten (10) business days after receipt of such documents (the “Design Review Period”). Client shall consolidate all comments for each review cycle such that the Service Provider does not receive comments in separate submittals at different times from various Client personnel. To the extent consistent with applicable law and generally accepted professional practices and industry standards, the Service Provider will incorporate Client comments into the final designs, drawings, and specifications (the “Construction Documents”), as applicable. The Service Provider shall submit such revised documents to the Client for additional Design Review Periods, which shall not extend longer than ten (10) Business Days, until the Client approves such revised documents subject to the terms of the Agreement.

5. Assumptions and Exclusions
A. Working Hours. Work to be performed during normal business hours.

B. Facilities. Client to provide electricity, water, and access to restrooms.

C. Solar Work.
i. The systems proposed are based on the pending interconnection application and comprise the following equipment, subject to availability:

1. Solar Panels: Canadian Solar 535-watt

2. Inverters: Chint Power System

3. Racking: OMCO Solar CHOICE
ii. Utility upgrades are not included in the scope of this bid and will cost additional. iii. It is assumed the line side tap is approved by the building department and PG&E. iv. All existing infrastructure on the properties is assumed to be code compliant with the local authority having jurisdiction (“AHJ”). Any unknown modifications required by any AHJ in excess of the scope listed in this proposal are excluded and may result in additional costs. Blocking off work zones shall be permissible.
v. Assumes 2 phases, 2 mobilizations (racking / module installation and wiring). vi. Removal of hazardous materials or spoils from job sites is not included. vii. The project is bid as prevailing wages.
viii. Pile embedment is quoted at 7’, 20-degree tilt, 4 PSF ground snow load and 90 per hour wind speed.
ix. After construction, Service Provider will restore the project site to a reasonably similar condition, other than the conditions intended to be altered as part of the project (e.g., grading, installation of equipment). Remediation of any conditions existing prior to the beginning of the work will result in an extra cost.
x. Damage to underground utilities including irrigation lines not marked by Client or 811 are the Client’s cost to repair. Landscaping over trenching is Client’s responsibility. xi. Site is graded to eliminate any excessive contours (<3% in any direction). xii. Any work not expressly set forth in this SOW is hereby excluded.

D. Additional Work. Additional Work will be negotiated and agreed upon prior to performing such Additional Work.

Page 6 ends

6. Solar Equipment Manufacturer Warranties
The Service Provider shall procure and assign to Client warranties from the equipment manufacturers (the “Manufacturer Warranty”) to the extent said equipment is purchased and provided by Service Provider.

Solar energy equipment included in the scope of work for electricity generation (Solar modules, inverters) shall have a minimum ten (10) year manufacturer performance warranty to protect against degradation of electrical generation output of more than 15% from their originally rated electrical output. Except as expressly provided in this Agreement, Service Provider’s obligations under this warranty do not apply to any defects whatsoever in the equipment purchased and provided by Service Provider, provided Service Provider has procured and assigned to Client the Manufacturer Warranty of such equipment. Service Provider makes no representation or warranty, and Client shall seek no recourse from Service Provider, regarding the Manufacturer Warranties, including, without limitation, any degradation in electrical generation output of the PV modules.

7. Project Closeout
Service Provider shall deliver to the Client an operation and maintenance (O&M) manual and as-built drawings for the System no later than ninety (90) days after Substantial Completion occurs. For the avoidance of doubt, the as-built drawings shall be included in the punchlist items.

At Client’s request, Service Provider shall provide Client’s personnel with no less than one (1) full Day of detailed and complete on-site operation training with respect to the System. Client’s personnel shall have the qualifications necessary to perform their activities and will be hired by Client or its Affiliate. Service Provider shall provide Client reasonable assistance in soliciting and obtaining any subsidies, rebates or incentives that may be available from any Governmental Authority pursuant to or in connection with the purchase or operation of the System or otherwise. Service Provider makes no representation or warranty to Client as to the availability or amount of any such subsidies, rebates or incentives.

8. Client Responsibilities
Service Provider shall not be obligated to perform any work or activity beyond the scope of the work and its other obligations under this Agreement. In particular, the following shall not be included in the Scope of Work and therefore shall be performed by Client:

A. Client shall furnish, to the extent not already provided to Service Provider: (a) all surveys or other information in Client’s ’s possession that describe the physical characteristics, legal limitations, and utility locations in and around the Site; (b) any prior environmental review documentation and all known information in Client’s possession concerning subsurface conditions, including without limitation the existence of any known hazardous materials, in or around the general area of the Site where the Work will be performed; (c) all relevant information in Client’s possession, including any structural or other relevant as-built drawings and photographs, of prior construction undertaken in the general area where the Work will be performed; (d) title reports less than one (1) year in age; and (e) any and all easements, zoning variances, planning approvals, including any resolution of any environmental impact issues, and any other legal authorization regarding utilization of the Site essential to the execution of the Work.

Page 7 ends

B. Client shall provide continuous access to the Site to perform the work; C. Client shall clear all debris from the area of work prior to construction; D. Client shall obtain the Client Permits;
E. Client shall be responsible for hiring and paying for an inspector of record, if needed; F. Client shall select its own personnel so that it is present at the date of Substantial Completion;
G. Client shall pay for and provide communication access (internet) for system monitoring; H. Client shall pay for all taxes, fees, and costs required to obtain all Permits; I. As a condition of the pending interconnection application submitted on behalf of Client, Client’s utility company, PG&E, may need to provide a new, larger electrical service to the WWTP on the utility side of the meter. This potential service upgrade will be contracted directly between the Client and PG&E, and Client shall be responsible for any costs associated with such upgrade; provided that, upon request of the Client, Service Provider shall pay for such costs, and Client shall reimburse Service Provider for such costs in accordance with Section 4 of the Agreement. Client will be responsible for all power outages associated with any service upgrade.

9. Prevailing Wage
The Project is a public works project, the Work shall be performed as a public work and pursuant to the provisions of Section 1770 et seq. of the Labor Code of the State of California, which are hereby incorporated by reference and made a part hereof. Service Provider shall post a copy of the determination of the California Department of Industrial Relations (“DIR”) of the prevailing rate of per diem wages at each job site. This work is subject to compliance monitoring and enforcement by the DIR. Service Provider shall maintain all records in accordance with Federal and State requirements and shall cooperate with the Client’s labor compliance monitoring.

The payroll records will be certified and submitted by Service Provider on a monthly basis with its application for payment or at other times that may be required by the DIR. Service Provider will also make available or furnish a certified copy of all payroll records for inspection or upon request of the Division of Labor Standards Enforcement, the Division or Apprenticeship Standards or the DIR.

This Work is subject to apprenticeship requirements and attention is directed to Sections 1777.5, 1777.6, and 1777.7 of the California Labor Code and Title 8, California Administrative Code, Section 200 et seq. to ensure compliance and complete understanding of the law regarding apprentices.

The effective date of this Statement of Work is [DATE], 2023 (“SOW Effective Date”).

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IN WITNESS WHEREOF, the parties hereto have caused this SOW to be signed by their respective authorized representatives as of the SOW Effective Date.

Enovity, Inc. The City of Arvin, California
By: ___________________________________ By: ___________________________________ Name: Amin Najjar Name: Jeff Jones
Title: President and Chief Executive Officer Title: City Manager & Director of Finance

Page 9 ends

Schedule 1
Schedule of Values
Item Description Percentage Amount
1 Program Development / Mobilization / General
Conditions* 10% $390,000
2 Engineering / Design 9% $351,000
3 Bond* 1% $39,000
4 Project Management** 4% $156,000
5 Solar Equipment Down Payment 8% $312,000
6 Solar Equipment Balance 30% $1,170,000
7 Earthwork and Centrate 5% $195,000
8 Piers & Racking Installation 14% $546,000
9 Solar System Installation 15% $585,000
10 Commissioning / Project Closeout 4% $156,000
Total 100% $3,900,000
*Due upon Contract Execution
**Billed over the project duration

4.A.4
Attachment: Enovity Master Services Agreement City of Arvin (Final) 080923 (Enovity - Master Services Agreement - Energy Related

CITY OF ARVIN

NOTICE OF PUBLIC HEARING
Notice is hereby given that the City Council of the City of Arvin, California, will conduct a public hearing, at which time the public may be present and be heard, to consider the following:

A RESOLUTION ADOPTING CERTAIN FINDINGS AND APPROVING

SOLAR MASTER SERVICES AGREEMENT FOR ENERGY RELATED
IMPROVEMENTS TO CITY OF ARVIN’S WASTEWATER
TREATMENT PLANT WITH ENOVITY, A VEOLIA COMPANY.

Project Description:

The purposes of this hearing are to present certain findings, to accept public comment, and consider approving a Resolution adopting the findings and approving a Master Services Agreement with Enovity, Inc. a Veolia Company, for the implementation of certain energy related improvements at City of Arvin owned facilities including, but not limited to, the Wastewater Treatment Plant in accordance with California Government Code Section 4217.10 to 4217.18. The Council’s findings shall provide, and the Master Services Agreement shall require that the costs to the City of Arvin to implement the energy related improvements will be less than the anticipated marginal cost to the City of Arvin of thermal, electrical, or other energy that would have been consumed by the City of Arvin in the absence of entering into the Master Services Agreement.

In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please call (661) 854-3134. Notification 48 hours prior to the meeting will enable the city to make reasonable arrangements to ensure accessibility.

All persons interested in this topic who have questions, would like to provide feedback, or who have comments are invited to attend. If you challenge the approval or denial of these matters in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Clerk, at or prior to, the public hearing. Address any communications or comments regarding the project to Cecilia Vela, City Clerk, at 200 Campus Drive, Arvin, CA 93203, (661) 854-3134, [email protected].

Cecilia Vela, City Clerk
Posted: August 3, 2023
Public Hearing Information
Date: August 22, 2023
Time: 6:00 PM
Place: City of Arvin Council Chambers, 200 Campus Drive, Arvin, CA 93203

4.A.5
Attachment: PHN Solar Master Services Agmt for Energy Related Imp to COA WWTP with Enovity, A Veolia Company_CC Mtg of 082223_Post

CITY OF ARVIN
Staff Report
Meeting Date: August 22, 2023
TO: Arvin City Council
FROM: Cecilia Vela, City Clerk
Jeff Jones, City Manager / Finance Director
SUBJECT: Designation of Voting Delegate and Alternate(s) for the League of California Cities Annual Conference & Expo to be held on September 20 - 22, 2023 in Sacramento, CA.

BACKGROUND:

The League of California Cities’ Annual Conference will be held during September 20 - 22, 2023. At the League’s General Assembly, scheduled on the last day of the conference, voting delegates from the state’s cities consider and act on resolutions that establish League policy.

To participate in the establishment of League policy, City Council must designate a voting delegate to participate in the vote. City Council may also appoint an alternate who may vote in the event the designated voting delegate is unavailable.

New this year, the League will host a pre-conference information session for voting delegates to explain their role.

The City Clerk must provide the delegate information to the League by no later than August 28, 2023.

FINANCIAL IMPACT:

The registration cost to attend the conference is $650 per delegate attendee for those who registered by July 26th; $700 for those who register after July 26th; plus the cost for hotel at approximately $215 per night plus taxes and travel per diem.

RECOMMENDATION:

Staff recommends the Council designate a voting delegate and up to two alternates.

ATTACHMENTS:

League of California Cities Memorandum Dated June 21, 2023 Regarding Designation of Voting Delegates and Alternates.

5.A.1
Attachment: Staff Report Designation of Voting Delegates for League of CA Cities Conference Sept 2023_082223 (Designation of Voting 1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org DATE: Wednesday, June 21, 2023
TO: Mayors, Council Members, City Clerks, and City Managers RE: DESIGNATION OF VOTING DELEGATES AND ALTERNATES
League of California Cities Annual Conference and Expo, Sept. 20-22, 2023, Sacramento SAFE Credit Union Convention Center
Every year, the League of California Cities convenes a member-driven General Assembly at the Cal Cities Annual Conference and Expo. The General Assembly is an important opportunity where city officials can directly participate in the development of Cal Cities policy.

Taking place on Sept. 22, the General Assembly is comprised of voting delegates appointed by each member city; every city has one voting delegate. Your appointed voting delegate plays an important role during the General Assembly by representing your city and voting on resolutions.

To cast a vote during the General Assembly, your city must designate a voting delegate and up to two alternate voting delegates, one of whom may vote if the designated voting delegate is unable to serve in that capacity. Voting delegates may either be an elected or appointed official.

Please complete the attached voting delegate form and email it to Cal Cities office no later than Monday, August 28.

New this year, we will host a pre-conference information session for voting delegates to explain their role. Submitting your voting delegate form by the deadline will allow us time to establish voting delegate/alternate records prior to the conference and provide preconference communications with voting delegates.

Please view Cal Cities’ event and meeting policy in advance of the conference.

Action by Council Required. Consistent with Cal Cities bylaws, a city’s voting delegate and up to two alternates must be designated by the city council. When completing the attached Voting Delegate form, please attach either a copy of the council resolution that reflects the council action taken or have your city clerk or mayor sign the form affirming that the names provided are those selected by the city council.

Please note that designating the voting delegate and alternates must be done by city council action and cannot be accomplished by individual action of the mayor or city manager alone.

Council Action Advised by August 28, 2023

5.A.2
Attachment: League of CA Cities Memo Re Designation of Voting Delegates Sept 2023_082223 (Designation of Voting Delegate and Alternate(s) Conference Registration Required. The voting delegate and alternates must be registered to attend the conference. They need not register for the entire conference; they may register for Friday only. Conference registration is open on the Cal Cities website.

For a city to cast a vote, one voter must be present at the General Assembly and in possession of the voting delegate card and voting tool. Voting delegates and alternates need to pick up their conference badges before signing in and picking up the voting delegate card at the voting delegate desk. This will enable them to receive the special sticker on their name badges that will admit the voting delegate into the voting area during the General Assembly.

Transferring Voting Card to Non-Designated Individuals Not Allowed. The voting delegate card may be transferred freely between the voting delegate and alternates, but only between the voting delegate and alternates. If the voting delegate and alternates find themselves unable to attend the General Assembly, they may not transfer the voting card to another city official.

Seating Protocol during General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.

The voting delegate desk, located in the conference registration area of the SAFE Credit Union Convention Center in Sacramento, will be open at the following times:

Wednesday, Sept. 20, 8:00 a.m.- 6:00 p.m. and Thursday, Sept. 21, 7:30 a.m.- 4:00 p.m. On Friday, Sept. 22, the voting delegate desk will be open at the General Assembly, starting at 7:30 a.m., but will be closed during roll calls and voting.

The voting procedures that will be used at the conference are attached to this memo.

Please share these procedures and this memo with your council and especially with the individuals that your council designates as your city’s voting delegate and alternates.

Once again, thank you for completing the voting delegate and alternate form and returning it to Cal Cities office by Monday, Aug. 28. If you have questions, please contact Zach Seals at [email protected].

Attachments:
• General Assembly Voting Guidelines
• Voting Delegate/Alternate Form
• Information Sheet: Cal Cities Resolutions and the General Assembly

5.A.2
Attachment: League of CA Cities Memo Re Designation of Voting Delegates Sept 2023_082223 (Designation of Voting Delegate and Alternate(s) 1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org General Assembly Voting Guidelines

1. One City One Vote. Each member city has a right to cast one vote on matters pertaining to Cal Cities policy.

2. Designating a City Voting Representative. Prior to the Cal Cities Annual Conference and Expo, each city council may designate a voting delegate and up to two alternates; these individuals are identified on the voting delegate form provided to the Cal Cities Credentials Committee.

3. Registering with the Credentials Committee. The voting delegate, or alternates, may pick up the city's voting card at the voting delegate desk in the conference registration area. Voting delegates and alternates must sign in at the voting delegate desk. Here they will receive a special sticker on their name badge and thus be admitted to the voting area at the General Assembly.

4. Signing Initiated Resolution Petitions. Only those individuals who are voting delegates (or alternates), and who have picked up their city’s voting card by providing a signature to the credentials committee at the voting delegate desk, may sign petitions to initiate a resolution.

5. Voting. To cast the city's vote, a city official must have in their possession the city's voting card and voting tool; and be registered with the credentials committee. The voting card may be transferred freely between the voting delegate and alternates but may not be transferred to another city official who is neither a voting delegate nor alternate.

6. Voting Area at General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.

7. Resolving Disputes. In case of dispute, the credentials committee will determine the validity of signatures on petitioned resolutions and the right of a city official to vote at the General Assembly.

5.A.2
Attachment: League of CA Cities Memo Re Designation of Voting Delegates Sept 2023_082223 (Designation of Voting Delegate and Alternate(s) CITY: ________________________________________
2023 ANNUAL CONFERENCE

VOTING DELEGATE/ALTERNATE FORM
Please complete this form and return it to Cal Cities office by Monday, August 28, 2023.

Forms not sent by this deadline may be submitted to the Voting Delegate Desk located in the Annual Conference Registration Area. Your city council may designate one voting delegate and up to two alternates.

To vote at the General Assembly, voting delegates and alternates must be designated by your city council. Please attach the council resolution as proof of designation. As an alternative, the Mayor or City Clerk may sign this form, affirming that the designation reflects the action taken by the council.

Please note: Voting delegates and alternates will be seated in a separate area at the General Assembly. Admission to this designated area will be limited to individuals (voting delegates and alternates) who are identified with a special sticker on their conference badge. This sticker can be obtained only at the voting delegate desk.

1. VOTING DELEGATE
Name:

Title:

2. VOTING DELEGATE - ALTERNATE
Name:

Title:

Email: _______________________________
Email: ______________________________

3. VOTING DELEGATE - ALTERNATE
Name:

Title:

Email: _____________________________

ATTACH COUNCIL RESOLUTION DESIGNATING VOTING DELEGATE AND ALTERNATES OR ATTEST: I affirm that the information provided reflects action by the city council to designate the voting delegate and alternate(s).

Name: ____________________________________ Email: _________________________________ Mayor or City Clerk: ________________________ Date: __________ Phone: ________________ (circle one) (signature) Please complete and email this form to [email protected] by Monday, August 28, 2023.

5.A.2
Attachment: League of CA Cities Memo Re Designation of Voting Delegates Sept 2023_082223 (Designation of Voting Delegate and Alternate(s) Sixty days before the
Annual Conference and
Expo, Cal Cities members
may submit policy
proposals on issues of
importance to cities. The
resolution must have the concurrence
of at least five additional member cities
or individual members.

How it works: Cal Cities
Resolutions and the General Assembly
General Assembly
General Resolutions
Policy Committees
Developing League of California Cities policy is a dynamic process that engages a wide range of members to ensure that we are representing California cities with one voice. These policies directly guide Cal Cities advocacy to promote local decision-making, and lobby against statewide policy that erodes local control.

The resolutions process and General Assembly is one way that city officials can directly participate in the development of Cal Cities policy. If a resolution is approved at the General Assembly, it becomes official Cal Cities policy. Here’s how Resolutions and the General Assembly works.

The petitioned resolution
is an alternate method
to introduce policy
proposals during the
annual conference. The
petition must be signed by
voting delegates from 10% of member
cities, and submitted to the Cal Cities
President at least 24 hours before the
beginning of the General Assembly.

Petitioned Resolutions
The Cal Cities President
assigns general resolutions
to policy committees where
members review, debate,
and recommend positions for
each policy proposal. Recommendations are
forwarded to the Resolutions Committee.

Who’s who
The Resolutions
Committee includes
representatives from
each Cal Cities diversity
caucus, regional
division, municipal
department, policy
committee, as well as
individuals appointed by
the Cal Cities president.

Voting delegates
are appointed by each
member city; every city
has one voting delegate.

The General Assembly
is a meeting of the
collective body of
all voting delegates —
one from every
member city.

Seven Policy
Committees meet
throughout the year to
review and recommend
positions to take on
bills and regulatory
proposals. Policy
committees include
members from each Cal
Cities diversity caucus,
regional division,
municipal department,
as well as individuals
appointed by the Cal
Cities president.

During the General Assembly, voting delegates
debate and consider general and petitioned
resolutions forwarded by the Resolutions Committee.

Potential Cal Cities bylaws amendments are also
considered at this meeting.

Cal Cities policy
development is a
member-informed
process, grounded
in the voices and
experiences of city
officials throughout
the state.

For more information visit www.calcities.org/general-assembly Prior to the Annual Conference and Expo
Resolutions Committee
The Resolutions Committee
considers all resolutions.

General Resolutions approved1
by either a policy committee
or the Resolutions Committee
are next considered by the General
Assembly. General resolutions not approved,
or referred for further study by both a policy
committee and the Resolutions Committee
do not go the General Assembly. All
Petitioned Resolutions are considered by the
General Assembly, unless disqualified.2
• Voting delegates will receive increased communications to prepare them for their role during the General Assembly.
• The General Assembly will take place earlier to allow more time for debate and discussion.
• Improvements to the General Assembly process will make it easier for voting delegates to discuss and debate resolutions.

What’s new in 2023?
During the Annual Conference and Expo
1 The Resolution Committee can amend a general resolution prior to sending it to the General Assembly. 2 Petitioned Resolutions may be disqualified by the Resolutions Committee according to Cal Cities Bylaws Article VI. Sec. 5(f).

5.A.2
Attachment: League of CA Cities Memo Re Designation of Voting Delegates Sept 2023_082223 (Designation of Voting Delegate and Alternate(s)

Arvin City CouncilAugust 22, 2023

Arvin City Council
August 22, 2023