Agenda — Arvin City Council, September 26, 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 SEPTEMBER 26, 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 – September 26, 2023

Page 1 of 3 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. PRESENTATION(S)
A. The Arvin Navigation Center: A Year In Review
Andrew Dominguez, Program Manager – Flood Ministries
B. Police Pink Badge and Patch Breast Cancer Awareness Recognition - October 2023
Alex Ghazalpour, Chief of Police – City of Arvin

4. CONSENT AGENDA ITEM(S)
A. Approval of Demand Register(s) of September 08, 2023 – September 21, 2023.

B. Approval of Payroll Register(s) of September 15, 2023.

C. Approval of the Minutes of the Regular Meeting(s) of September 12, 2023 and Special Meeting(s) of September 15, 2023.

D. Approval of Consultant Services Agreement between the City of Arvin and Avenue MuniServices, LLC for Cannabis Audit Services.

E. Approval of A Resolution of the City Council of the City of Arvin Authorizing the City Manager to Execute An Agreement with Valencia Aircold, Inc. for Purchase and Installation of Two (2) HVAC Units for the City of Arvin Adobe Plaza Complex in the Amount of $19,860; and to adopt a Class 1 Categorical Exemption (Existing Facilities) for the project under CEQA Guidelines Section 15301.

Staff recommends approval of the Consent Agenda.

Motion __________ Second __________ Vote __________
Roll Call: CM Murillo ___ CM Reyes ___ CM Horton ___ MPT Borreli ___ Mayor Trujillo ___ Arvin City Council Meeting Agenda – September 26, 2023

Page 2 of 3 ends

5. ACTION ITEM(S)
A. Consideration and Approval of Appointment of Board of Trustee to the Kern Mosquito & Vector Control District (KMVCD) and Setting the Term of the Appointment. (City Clerk)
Staff recommends that the City Council appoint a qualified Arvin resident or a member of the City Council to serve as the KMVCD Board Trustee and set the term of the appointment.

Motion __________ Second __________ Vote __________
Roll Call: CM Murillo ___ CM Reyes ___ CM Horton ___ MPT Borreli ___ Mayor Trujillo ___ B. Consideration and Approval of A Resolution of the City Council of the City of Arvin Approving Budget Amendment Number 2324-01 in the Amount of $224,212.99 and Other Related Actions. (City Manager)
Staff recommends approval of the Resolution.

Motion __________ Second __________ Vote __________
Roll Call: CM Murillo ___ CM Reyes ___ CM Horton ___ MPT Borreli ___ Mayor Trujillo ___ C. Consideration and Approval of A Resolution of the City Council of the City of Arvin Dispensing with the Public Bidding Requirement Based on the Single Vendor Exception and Authorizing the Purchase of an Extended Warranty for Three Proterra Electric Busses for the Period of September 2023 through September 2026 in the amount of $224,212.99. (City Manager) Staff recommends approval of the Resolution.

Motion __________ Second __________ Vote __________
Roll Call: CM Murillo ___ CM Reyes ___ CM Horton ___ MPT Borreli ___ Mayor Trujillo ___ D. Consideration and Approval of A Resolution of the City Council of the City of Arvin Approving the Third Amendment to Contract Services Agreement by and between the City of Arvin and Diamond Technologies, Inc, for Computer System and Information Technology Installation, Repair, and Maintenance. (City Manager)
Staff recommends approval of the Resolution approving the Third Amendment to Contract Services Agreement by and between the City of Arvin and Diamond Technologies, Inc, for Computer System and Information Technology Installation, Repair, and Maintenance.

Motion __________ Second __________ Vote __________
Roll Call: CM Murillo ___ CM Reyes ___ CM Horton ___ MPT Borreli ___ Mayor Trujillo ___ Arvin City Council Meeting Agenda – September 26, 2023

Page 3 of 3 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 REAL PROPERTY NEGOTIATIONS (Government Code §54956.8)
Property: APN 190-250-05 (Bear Mountain Blvd., Arvin)
Agency Negotiator: City Manager
Negotiating Parties: Carlos Obaid for Ali & Obaid Marketing, Inc.

Under Negotiation: Price and terms of sale of parcel.

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 September 21, 2023.

Cecilia Vela, City Clerk
The Arvin Navigation Center
Serving the communities of Arvin and Lamont Since
August, 2022

3.A.1
Attachment: Arvin Navigation Center - Flood Ministries Presentation_092623 (Presentation: The Arvin •The Arvin Navigation Center (ANC) of Flood Ministries is dedicated to the work of reducing homelessness and transforming lives through the building and strengthening of relationships. •We seek to provide exceptional and personalized care that addresses each guests needs and improves their quality of living. •Through the building and strengthening of relationships and the application of targeted services our staff empower our guests to overcome certain barriers to housing, establish a continuum of care, and assist in re-establishing support systems that contribute to their retention of housing.

Reducing Homelessness, Transforming Li ves
About Us

3.A.1
Attachment: Arvin Navigation Center - Flood Ministries Presentation_092623 (Presentation: The Arvin FR
•Current operational hours are 8:30 am to 4:00 pm. •Food packs, and meals are provided as needed. •For those experiencing homelessness, the Navigation Center provides a safe place for guests to receive meals and an assortment of critical services aimed to provide stability. •Hygiene, laundry services, and clothing assistance are also available to guests in need.

Gener al Oper ational Outline
Service Details

3.A.1
Attachment: Arvin Navigation Center - Flood Ministries Presentation_092623 (Presentation: The Arvin FR
•Total Meals & Food Packs: 1,804 •Hygiene Kits: 460 •Laundry Services: 116 •Medi-Cal Acquired: 20 •Vital Documentation (includes PRC): 105 •Immigration Services: 9 •Mental Health & Substance Abuse Services: 33 •Homeless Prevention (Self Help): •Shelter Placements: 36 •Housed (Bakersfield): 8 A lot Can Happen In a Year
Service Outcomes: August 2022 – September 2023

3.A.1
Attachment: Arvin Navigation Center - Flood Ministries Presentation_092623 (Presentation: The Arvin FR
Serving Thr ough The Challenges
Additional Service Outcomes
• High number of return Rates for Shelter
Placements
• Limited to no Affordable Housing in the
Region
• Serving and assisting the Undocumented
• Transportation for Services in Bakersfield
Shelter Placements Return From Shelters Housed Clients Locally Housed

3.A.1
Attachment: Arvin Navigation Center - Flood Ministries Presentation_092623 (Presentation: The Arvin FR
Progress Through Collabor ation
Future Goals: Arvin Navigation Center • Our Goal at the ANC is to continually grow as a service provider. • Mobile showers will be added and are expected to expand the number of services provided.
• We seek to establish a reliable transportation system and form collaborations to ensure that our guests are
transported to, and receive regular services from primary care providers.
• Our goal is to provide 24/7 access for persons
experiencing homelessness in the Arvin and Lamont
communities.

3.A.1
Attachment: Arvin Navigation Center - Flood Ministries Presentation_092623 (Presentation: The Arvin Ways To Support and Volunteer
• Monthly Client focused BBQs
(4th Tue.)
• Winter Clothing & Blanket
Donations
• BKHRC’S Annual PIT Count
(January 24th, 2024)

3.A.1
Attachment: Arvin Navigation Center - Flood Ministries Presentation_092623 (Presentation: The Arvin Thank You.

Andrew Dominguez, Program Manager
(661) 808-3824
[email protected]
www.floodbako.com

3.A.1
Attachment: Arvin Navigation Center - Flood Ministries Presentation_092623 (Presentation: The Arvin Breast Cancer Awareness
Pink Patch Project
October 2023
9/14/2023 2:45:30 PM Page 1 of 8
Payment Register
City of Arvin APPKT00487 - FOR AP 9/14/2023
01 - Vendor Set 01
Bank: Main Pool Ck - Main Checking - BOA
1000
Vendor Number
A1 BATTERY
Total Vendor Amount

69.82 Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 09/14/2023 69.82
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 93622 FIRE ALARM SYSTEM AGM BATTERY 08/17/2023 08/17/2023 0.00 69.82 1228
Vendor Number

ALL AMERICAN UNIFORMS
Total Vendor Amount
210.98
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 09/14/2023 210.98
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 200 ITEMS IN FOR EMBROIDERY 08/16/2023 08/16/2023 0.00 33.50 201 PEERLESS 4710 CHAIN HANDCUFF 08/16/2023 08/16/2023 0.00 177.48 1010
Vendor Number

AMERICAN BUSINESS MACHINES
Total Vendor Amount

15.00 Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 09/14/2023 15.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 698108 GPR-53 BLACK TONER 08/21/2023 08/21/2023 0.00 15.00 1150
Vendor Number
AT&T
Total Vendor Amount
816.28
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 09/14/2023 816.28
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 000020385303 9391033189 SERVICE 07.13.23-08.12.23 09/13/2023 09/13/2023 0.00 339.45 000020387065 9391056024 SERVICE 07.13.23-08.12.23 08/13/2023 08/13/2023 0.00 476.83 1015
Vendor Number

AT&T MOBILITY
Total Vendor Amount
433.54
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 09/14/2023 433.54
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 287251442687X08282023 PW + COMM DEV + CH CELL PHONES 07.22.23-08.22.23 08/22/2023 08/22/2023 0.00 433.54 1028
Vendor Number
BAKERSFIELD CALIFORNIAN 1ARV05
Total Vendor Amount
1,631.33
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 09/14/2023 1,631.33
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 230559 NOTICE OF PUBLIC HEARING PLANNING COMMISSION 08/04/2023 08/04/2023 0.00 675.00 231074 NOTICE OF PUBLIC HEARING PLANNING COMMISSION 08/02/2023 08/02/2023 0.00 956.33 1489
Vendor Number

BRUCE WAYNE HINSLEY
Total Vendor Amount
617.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 09/14/2023 617.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 13098 CONVERTED GASOLINE AST INTO DORMANT 08/25/2023 08/25/2023 0.00 617.00

COMPLETE HARDWARE STORE AND MORE
Total Vendor Amount

9.18 Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 09/14/2023 9.18
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 497423 ROTARY MASONRY DRI FOR VETS HALL 09/11/2023 09/11/2023 0.00 4.21 497459 9 PC OFF SET TORK FOR VETS HALL 09/11/2023 09/11/2023 0.00 4.97 1591
Vendor Number

DEPARTMENT OF GENERAL SERVICES
Total Vendor Amount
266.25
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 09/14/2023 266.25
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 0000001523520 0.75 ALJ (2022100173) 06/30/2023 06/30/2023 0.00 266.25 1193
Vendor Number

DIAMOND TECHNOLOGIES INC
Total Vendor Amount
9,184.24
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 09/14/2023 9,184.24
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 34117MS MICROSOFT 365 FOR BUSINESS SEPTEMBER 2023 09/01/2023 09/01/2023 0.00 1,341.90 34118 SECURECENTRIC + FIREWALL SEPTEMBER 2023 09/01/2023 09/01/2023 0.00 7,842.34 1594
Vendor Number

ENTERPRISE FM TRUST
Total Vendor Amount
97,929.92
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 09/14/2023 97,929.92
Payable Number Description Payable Date Due Date Discount Amount Payable Amount FBN4833789 MONTHLY LEASE CHARGE 09.01.23-09.31.23 09/06/2023 09/06/2023 0.00 97,929.92 1310
Vendor Number

ERIC REYES GUERRA
Total Vendor Amount
630.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 09/14/2023 630.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV0207 ARVIN PD FLEET WASH 09.05.23 09/05/2023 09/05/2023 0.00 630.00 1062
Vendor Number
FEDEX
Total Vendor Amount

39.66 Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 09/14/2023 39.66
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 8-249-78272 SHIPPING SVCS 09.06.2023 09/08/2023 09/08/2023 0.00 39.66 1100
Vendor Number

FERNANDO LOPEZ
Total Vendor Amount
160.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 09/14/2023 160.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount

09.12.23 INTERPRETER SERVICES 09.12.23 09/12/2023 09/12/2023 0.00 160.00 1065
Vendor Number

GALLS, LLC
Total Vendor Amount
559.92
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 09/14/2023 559.92
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 025417728 GALLS ANSI SAFETY VEST 08/18/2023 08/18/2023 0.00 559.92

GENFARE
Total Vendor Amount
525.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 09/14/2023 525.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 90194118 TECH SUPPORT / SIGNED QUOTE 08/21/2023 08/21/2023 0.00 525.00 1074
Vendor Number

GRAINGER
Total Vendor Amount
609.14
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 09/14/2023 609.14
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 9810017294 WOMENS BATHROOM VET HALL PANEL BRACKET 08/18/2023 08/18/2023 0.00 146.10 9810017302 PANEL BRACKET ALUMINUM BRUSHED 08/18/2023 08/18/2023 0.00 128.14 9811726364 PANEL BRACKET ALUMINUM BRUSHED 08/21/2023 08/21/2023 0.00 213.58 9815015707 WOMENS BATHROOM VETS HALL 08/23/2023 08/23/2023 0.00 121.32 1372
Vendor Number

GREGS PETROLEUM SERVICE INC
Total Vendor Amount
315.71
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 09/14/2023 315.71
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 403322 GAS FOR GENARATOR FOR PD 08/18/2023 08/18/2023 0.00 315.71 1078
Vendor Number

INDEPENDENT FIRE & SAFETY INC
Total Vendor Amount
857.38
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 09/14/2023 857.38
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 62294 ADOBE BUILDING 5LB FE ANNUAL MAINT 08/16/2023 08/16/2023 0.00 857.38 1417
Vendor Number

JESUS MARTINEZ
Total Vendor Amount
301.71
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 09/14/2023 301.71
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 8362 UNIT 281 BLOWER MOTOR 08/30/2023 08/30/2023 0.00 301.71 1156
Vendor Number

JOSEPH HUGGETT
Total Vendor Amount
541.20
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 09/14/2023 541.20
Payable Number Description Payable Date Due Date Discount Amount Payable Amount GAS MILEAGE TO AND FROM TRAINING GAS MILEAGE TO AND FROM TRAINING 09/10/2023 09/10/2023 0.00 541.20 1376
Vendor Number

KNORR SYSTEMS INC
Total Vendor Amount
3,538.60
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 09/14/2023 3,538.60
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 208357 REPLACED I/O MODULE AND LAMP MODULE 08/02/2023 08/02/2023 0.00 3,538.60 1359
Vendor Number

LA UNIFORM AND TAILORING
Total Vendor Amount
601.80
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 09/14/2023 601.80
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 17355 NAME TAPE WITH VELCRO 07/26/2023 07/26/2023 0.00 39.69 17671 NAVY EMB VISOR CHIEF 08/21/2023 08/21/2023 0.00 562.11

LN CURTIS & SONS
Total Vendor Amount
324.87
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 09/14/2023 324.87
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV740161 LARGE BLACK POLICE PATCH 08/25/2023 08/25/2023 0.00 42.99 INV740164 BLACK DUTY RADIO TACO 08/25/2023 08/25/2023 0.00 93.33 INV740176 DOUBLE BLACK HANDCUFF TACO 08/25/2023 08/25/2023 0.00 145.56 INV740189 LARGE BLACK BACK POLICE PATCH 08/25/2023 08/25/2023 0.00 42.99 1168
Vendor Number
LOWES
Total Vendor Amount
698.26
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 09/14/2023 698.26
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 901236 APD FANS 07/13/2023 07/13/2023 0.00 698.26
1102
Vendor Number

MOUNTAINSIDE DISPOSAL
Total Vendor Amount
214.18
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 09/14/2023 214.18
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 718741 BIN RENT AND 4 YD ROLL OFF SEPTEMBER 2023 09/01/2023 09/01/2023 0.00 214.18 1184
Vendor Number

OREILLY AUTOMOTIVE INC
Total Vendor Amount
391.25
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 09/14/2023 391.25
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 4451-309473 FLOOR DRY FOR TRANSIT 07/31/2023 07/31/2023 0.00 25.96 4451-309941 1 GAL WD-40, 1 GAL ANITIFREZ FOR SHOP 08/02/2023 08/02/2023 0.00 48.69 4451-310427 BATTERY , CORE CHARGER FOR MOWER #4 08/04/2023 08/04/2023 0.00 159.29 4451-312946 GL WIPER FLD FOR TRANSIT 08/15/2023 08/15/2023 0.00 77.23 4451-315744 TOW STRAP FOR SHOP PUBLIC WORKS 08/28/2023 08/28/2023 0.00 80.08 1642
Vendor Number

OSCAR AGUILERA GONZALEZ
Total Vendor Amount
2,644.68
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 09/14/2023 2,644.68
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 3 JOB WALK AND INSPECTION LIGHTS AND MATERIAL 09/03/2023 09/03/2023 0.00 1,868.43 4 ADOBE COMPLEX ELECTRICAL WORK 09/04/2023 09/04/2023 0.00 776.25 1108
Vendor Number
PG & E
Total Vendor Amount
279.78
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 09/14/2023 279.78
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 8440977428-2 08.02.23-08.30.23 8440977428-2 08.02.23-08.30.23 08/30/2023 08/30/2023 0.00 279.78 1449
Vendor Number

PRECISION CIVIL ENGINEERING (PCE)
Total Vendor Amount
15,760.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 09/14/2023 7,640.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 28519 COA LEAP FUNDING 08/17/2023 08/17/2023 0.00 7,640.00 Check 09/14/2023 8,120.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 28520 COA SB2 GRANT FUNDING 08/17/2023 08/17/2023 0.00 8,120.00

ROBERT HALF
Total Vendor Amount
1,293.60
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 09/14/2023 1,293.60
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 62473672 WEEK ENDING 08.25.23 JAZMIN C. 08/28/2023 08/28/2023 0.00 1,293.60 1069
Vendor Number

ROGER GOODMAN
Total Vendor Amount

85.00 Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 09/14/2023 85.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 1786 REMOVE UNIT 293 REAR AXION CAMERA 08/15/2023 08/15/2023 0.00 85.00 1123
Vendor Number

SO CAL GAS CO
Total Vendor Amount
179.68
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 09/14/2023 179.68
Payable Number Description Payable Date Due Date Discount Amount Payable Amount SERVICES 07.25.23-08.23.23 SERVICES 07.25.23-08.23.23 08/25/2023 08/25/2023 0.00 179.68 1125
Vendor Number

SPARKLE TEXTILE RENTAL SERVICE
Total Vendor Amount
2,733.65
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 09/14/2023 2,733.65
Payable Number Description Payable Date Due Date Discount Amount Payable Amount UNIFORM SERVICES AUGUST 2023 UNIFORM SERVICES AUGUST 2023 08/31/2023 08/31/2023 0.00 2,733.65 1033
Vendor Number

SPECTRUM BUSINESS
Total Vendor Amount
108.99
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 09/14/2023 108.99
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 168251101082223 PUBLIC WORKS SVC 08.29.23-09.28.23 08/22/2023 08/22/2023 0.00 108.99 1126
Vendor Number

STAPLES BUSINESS CREDIT
Total Vendor Amount
1,241.05
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 09/14/2023 1,241.05
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 1650685542 OFFICE SUPPLIES FOR THE CITY AUGUST 2023 08/25/2023 08/25/2023 0.00 1,241.05 1131
Vendor Number

TEL-TEC SECURITY SYSTEMS
Total Vendor Amount

55.00 Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 09/14/2023 55.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 823917 ARVIN ADOBE COMPLEX FIRE MONITORING SEPT. 2023 09/01/2023 09/01/2023 0.00 55.00 1186
Vendor Number
VERIZON WIRELESS 642023305 2
Total Vendor Amount
576.30
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 09/14/2023 576.30
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 9943130891 TRANSIT SVCS 07.29.23-08.28.23 08/28/2023 08/28/2023 0.00 576.30

VINCENTE MEDRANO
Total Vendor Amount

5.40 Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 09/14/2023 5.40
Payable Number Description Payable Date Due Date Discount Amount Payable Amount FOOD FOR CHILD FOOD FOR CHILD IN PROTECTIVE CUSTODY 09/08/2023 09/08/2023 0.00 5.40 1142
Vendor Number

WELLS FARGO LEASE PMTS
Total Vendor Amount
110.88
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 09/14/2023 110.88
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 5026436347 COMM DEV LEASE 08.21.23-09.20.23 08/25/2023 08/25/2023 0.00 110.88

4.A.1
Attachment: Demand Register(s) of September 08, 2023 - September 21, 2023 (Demand Register(s) of September 08, 2023 - September 21, Payment Register APPKT00487 - FOR AP 9/14/2023
9/14/2023 2:45:30 PM Page 7 of 8
Payment Summary
Type
Payment
Count Discount Payment
Payable
Bank Code Count
Main Pool Ck Check 58 41 0.00 146,566.23
Packet Totals: 58 41 0.00 146,566.23

4.A.1
Attachment: Demand Register(s) of September 08, 2023 - September 21, 2023 (Demand Register(s) of September 08, 2023 - September 21, Payment Register APPKT00487 - FOR AP 9/14/2023
9/14/2023 2:45:30 PM Page 8 of 8
Cash Fund Summary
Fund Name Amount
90 Main Pooled Cash Fund -146,566.23
Packet Totals: -146,566.23

4.A.1
Attachment: Demand Register(s) of September 08, 2023 - September 21, 2023 (Demand Register(s) of September 08, 2023 - September 21, 9/18/2023 4:37:08 PM Page 1 of 5
Payment Register
City of Arvin APPKT00496 - AP FOR 9/18/2023
01 - Vendor Set 01
Bank: Main Pool Ck - Main Checking - BOA
1026
Vendor Number

BLUE SHIELD OF CALIFORNIA
Total Vendor Amount
21,665.10
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 09/18/2023 21,665.10
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 232260107127 MEDICAL SEPTEMBER 2023 08/14/2023 08/14/2023 0.00 21,665.10 1629
Vendor Number
CARDIO PARTNERS INC.

Total Vendor Amount
10,497.02
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 09/18/2023 10,497.02
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV0000895 RECERTIFIED ZOLL AED PLUS 09/18/2023 09/18/2023 0.00 10,497.02 1020
Vendor Number

COLONIAL LIFE PROCESSING CENTER
Total Vendor Amount
1,367.78
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 09/18/2023 1,367.78
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 5193602-0804466 SUPPLEMENTAL INS AUGUST 2023 08/25/2023 08/25/2023 0.00 1,367.78 1494
Vendor Number

DAVE BANG ASSOCIATES INC
Total Vendor Amount
435,896.75
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 09/18/2023 435,896.75
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV0000882 KOVACEVICH PARK - NEW PLAYGROUND EQUIP 09/14/2023 09/14/2023 0.00 435,896.75 1193
Vendor Number

DIAMOND TECHNOLOGIES INC
Total Vendor Amount
3,341.83
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 09/18/2023 3,341.83
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 34836121 DELL PWREDGE SERV LIC & EQUIP- WRKSTNS SEPTEMBER2309/06/2023 09/06/2023 0.00 3,341.83 1580
Vendor Number

FOUNDATION PROPERTIES INC
Total Vendor Amount
16,995.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 09/18/2023 16,995.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV0000896 RESTROOM'S RENOVATION @ VET'S HALL 09/18/2023 09/18/2023 0.00 16,995.00 1074
Vendor Number

GRAINGER
Total Vendor Amount
1,115.25
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 09/18/2023 1,115.25
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 9823452520 PHILIPS CPO- T WHITE VETS HALL 08/30/2023 08/30/2023 0.00 914.88 9823452538 URINAL PARTITION VETS HALL 08/30/2023 08/30/2023 0.00 200.37

Total Vendor Amount
4,561.25
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 09/18/2023 4,561.25
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 157149 AUGUST 2023 BROOM SWEEPING SERVICE 08/24/2023 08/24/2023 0.00 4,561.25 1322
Vendor Number

JAKE RAPER JR
Total Vendor Amount
6,255.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 09/18/2023 6,255.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INVOICE 14 INVOICE 14 08/31/2023 09/15/2023 0.00 6,255.00 1413
Vendor Number

JESUS BRAVO
Total Vendor Amount
350.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 09/18/2023 350.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount TOUCH UP - PD TOUCH UP - PD 09/13/2023 09/13/2023 0.00 350.00 1643
Vendor Number

JULIE GENTRY
Total Vendor Amount
250.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 09/18/2023 250.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 300 DEPOSIT FOR NATIONAL NIGHT OUT 07/28/2023 07/28/2023 0.00 250.00 1097
Vendor Number

LIEBERT CASSIDY WHITMORE
Total Vendor Amount
3,024.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 09/18/2023 3,024.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 249331 CLIENT MATTER NO : AR100-00001 08/31/2023 08/31/2023 0.00 2,284.50 249775 CLIENT MATTER NO : AR100-00006 08/31/2023 08/31/2023 0.00 739.50 1340
Vendor Number

NATHAN M HODGES
Total Vendor Amount
25,039.50
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 09/18/2023 25,039.50
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 539 LEGAL FEES AUGUST 2023 09/05/2023 09/05/2023 0.00 25,039.50 1596
Vendor Number

ROBERT HALF
Total Vendor Amount
1,293.60
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 09/18/2023 1,293.60
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 62505139 WEEK ENDING 09/01/23 FOR JAZMIN C. 09/04/2023 09/04/2023 0.00 1,293.60 1145
Vendor Number

VEOLIA WATER NORTH AMERICA MAINT NOTE
Total Vendor Amount
165,178.31
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 09/18/2023 165,178.31
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 9000110958 O & M SERVICES WASTEWATER JUNE 2023 08/23/2023 08/23/2023 0.00 165,178.31

VINCENTE MEDRANO
Total Vendor Amount
225.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 09/18/2023 225.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount MEALS FOR TRAINING MEALS FOR TRAINING 09.26.23-09.29.23 09/05/2023 09/05/2023 0.00 225.00 Bank: PY - Payroll Vendor Payables
1013
Vendor Number

ARVIN POLICE OFFICERS
Total Vendor Amount
950.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 09/18/2023 950.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV0000887 APOA Dues 09/15/2023 09/15/2023 0.00 950.00
1017
Vendor Number

CENTRAL CALIFORNIA ASSOC OF PUBLIC EMPLOYEES
Total Vendor Amount
887.36
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 09/18/2023 887.36
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV0000888 SEIU Dues 09/15/2023 09/15/2023 0.00 42.00
INV0000889 SEIU Dues 09/15/2023 09/15/2023 0.00 845.36
1312
Vendor Number

FRANCHISE TAX BOARD
Total Vendor Amount
300.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 09/18/2023 300.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV0000891 ALEX GHAZARIAN 09/15/2023 10/15/2023 0.00 300.00

4.A.1
Attachment: Demand Register(s) of September 08, 2023 - September 21, 2023 (Demand Register(s) of September 08, 2023 - September 21, Payment Register APPKT00496 - AP FOR 9/18/2023
9/18/2023 4:37:08 PM Page 4 of 5
Payment Summary
Type
Payment
Count Discount Payment
Payable
Bank Code Count
Main Pool Ck Check 18 16 0.00 697,055.39
Packet Totals: 18 16 0.00 697,055.39
Type
Payment
Count Discount Payment
Payable
Bank Code Count
PY Check43 0.00 2,137.36
Packet Totals:
43 0.00 2,137.36

4.A.1
Attachment: Demand Register(s) of September 08, 2023 - September 21, 2023 (Demand Register(s) of September 08, 2023 - September 21, 9/18/2023 4:35:34 PM Page 1 of 3
Payment Register
City of Arvin APPKT00497 - VEOLIA REISSUE CHECK
01 - Vendor Set 01
Bank: Main Pool Ck - Main Checking - BOA
1145
Vendor Number

VEOLIA WATER NORTH AMERICA MAINT NOTE
Total Vendor Amount
176,255.25
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 09/18/2023 176,255.25
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 9000109919 O & M SERVICES WASTEWATER MAY 2023 08/17/2023 08/17/2023 0.00 176,255.25

4.A.1
Attachment: Demand Register(s) of September 08, 2023 - September 21, 2023 (Demand Register(s) of September 08, 2023 - September 21, Payment Register APPKT00497 - VEOLIA REISSUE CHECK
9/18/2023 4:35:34 PM Page 2 of 3
Payment Summary
Type
Payment
Count Discount Payment
Payable
Bank Code Count
Main Pool Ck Check11 0.00 176,255.25
Packet Totals:
11 0.00 176,255.25

4.A.1
Attachment: Demand Register(s) of September 08, 2023 - September 21, 2023 (Demand Register(s) of September 08, 2023 - September 21, Payment Register APPKT00497 - VEOLIA REISSUE CHECK
9/18/2023 4:35:34 PM Page 3 of 3
Cash Fund Summary
Fund Name Amount
90 Main Pooled Cash Fund -176,255.25
Packet Totals: -176,255.25

4.A.1
Attachment: Demand Register(s) of September 08, 2023 - September 21, 2023 (Demand Register(s) of September 08, 2023 - September 21,

4.B.1
Attachment: Payroll Register(s) of September 15, 2023 (Payroll Register(s) of September 15, 2023.)

4.B.1
Attachment: Payroll Register(s) of September 15, 2023 (Payroll Register(s) of September 15, 2023.) Arvin City Council Meeting Minutes – September 12, 2023

Page 1 of 4 ends

REGULAR MEETING MINUTES

ARVIN CITY COUNCIL / SUCCESSOR AGENCY TO THE

ARVIN COMMUNITY REDEVELOPMENT AGENCY / ARVIN HOUSING AUTHORITY /

ARVIN PUBLIC FINANCING AUTHORITY
SEPTEMBER 12, 2023
CALL TO ORDER @ 6:00PM

PLEDGE OF ALLEGIANCE

INVOCATION
ROLL CALL: CM Horton and CM Reyes absent; All others present.

1. APPROVAL OF AGENDA AS TO FORM.

Motion to approve the Agenda.

Motion CM Murillo Second MPT Borreli Vote 3-0

3. CONSENT AGENDA ITEM(S)
A. Approval of Demand Register(s) of August 19, 2023 – September 07, 2023.

B. Approval of Payroll Register(s) of August 18, 2023 and September 01, 2023.

C. Approval of the Minutes of the Regular Meeting(s) of August 22, 2023 and Special Meeting(s) of August 29, 2023.

D. Approval of A Resolution of the City Council of the City of Arvin Updating the City of Arvin 2023 Transit Title VI Compliance Program.

Resolution No. 2023-50
E. Approval of the Third Amendment to Professional Services Agreement between the City of Arvin and The Pun Group, LLP for Auditing Services and Authorizing the Mayor or City Manager to Sign the Engagement Letter Submitted by The Pun Group, LLC for the Fiscal Year 2022-2023 Audit.

Agreement No. 2023-20

4.C.1
Attachment: Minutes of the Regular Arvin City Council Meeting of September 12, 2023 (Minutes of the Regular Meeting(s) of Sept 12, 2023 and Arvin City Council Meeting Minutes – September 12, 2023

Page 2 of 4 ends

F. Approval of A Resolution of the City Council of the City of Arvin to Approve the Saint Thomas Church Special Event Permit Application for their Annual Our Lady of Guadalupe Procession to be Held on December 10, 2023, Authorize Closure of Streets and Waive City Costs Associated with this Event Subject to Execution of A Memorandum of Understanding Between the City of Arvin and Saint Thomas Church.

Resolution No. 2023-51
Agreement No. 2023-21
G. Approval to Purchase and Authorize the Arvin Police Department to Implement the IRIMS Law Enforcement Software Program from Sun Ridge Systems, Inc. in the Amount of $14,450.00.

H. Approval of A Resolution of the City Council of the City of Arvin Authorizing the City Manager to Apply for Non-Transit Funding from the Mills-AlquistDeddeh (TDA) Act Funds.

Resolution No. 2023-52
I. Approval of Appointment of Manuel Leon to the Arvin Planning Commission (Mayor Trujillo).

Staff recommends approval of the Consent Agenda.

Consent Agenda Item 3G was pulled for discussion.

Motion to approve Consent Agenda Items 3A, 3B, 3C, 3D, 3E, 3F, 3H, and 3I.

Motion MPT Borreli Second CM Murillo Vote 3-0
Motion to approve Consent Agenda Item 3G.

Motion MPT Borreli Second CM Murillo Vote 3-0

4. PUBLIC HEARING(S)
A. A Public Hearing to Discuss and Approve Resubmittal of the 2019 CDBG Over the Counter (OTC) Application Under the 2023 CDBG NOFA, Disencumbering 18 CDBG Economic Development Grant, Submittal of A PHLA Streamline Application and; A Resolution Approving An Application for Funding and the Execution of a Grant Agreement and Any Amendments Thereto from the 2023-2024 Funding Year of the State CDBG Program for the Resubmittal of the 2019 Over the Counter (OTC) Application; and A Resolution Authorizing the Application and Adopting the PHLA Plan for the Permanent Local Housing Allocation Program. (Grants Manager) Staff recommends to open the hearing, allow for public testimony, close the hearing, and

Page 3 of 4 ends

1) Approve A Resolution of the City Council of the City of Arvin Approving An Application for Funding and the Execution of A Grant Agreement and Any Amendments Thereto from the 2023-2024 Funding Year of the State CDBG Program for the Resubmittal of the 2019 Over the Counter (OTC) Application; and
2) Approve to disencumber the City’s 2018 CDBG Economic Development Grant of $100,000 (18-CDBG-12903); and
3) Approve A Resolution of the City Council of the City of Arvin Authorizing the Application and Adopting the PLHA Plan for the Permanent Local Housing Allocation Program.

Hearing opened.

No public testimony.

Hearing closed.

Motion to:
1) Approve A Resolution of the City Council of the City of Arvin Approving An Application for Funding and the Execution of A Grant Agreement and Any Amendments Thereto from the 2023-2024 Funding Year of the State CDBG Program for the Resubmittal of the 2019 Over the Counter (OTC) Application; and
Resolution No. 2023-53
2) Approve to disencumber the City’s 2018 CDBG Economic Development Grant of $100,000 (18-CDBG-12903); and
3) Approve A Resolution of the City Council of the City of Arvin Authorizing the Application and Adopting the PLHA Plan for the Permanent Local Housing Allocation Program.

Motion MPT Borreli Second CM Murillo Vote 3-0

5. ACTION ITEM(S)
A. Consideration and Approval of Purchase and Replacement of Air Conditioning Units at the Arvin Police Department from Holders Air Conditioning and Heating, Inc. in the Amount of $27,133.29. (City Manager) Staff recommends Council consideration and direction.

Motion to approve the purchase and replacement of air conditioning units at the Arvin Police Department from Holders Air Conditioning and Heating Inc in the amount of $27,133.29 using ARPA funds.

Motion MPT Borreli Second CM Murillo Vote 3-0

Page 4 of 4 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) CLOSED SESSION REPORT BY CITY ATTORNEY:
8A. Direction given to City Manager concerning SEIU negotiations; no reportable action related to APOA negotiations.
8B. Case 1: Direction given to City Manager concerning special meeting.

Case 2: No reportable action.

Case 3: No reportable action.

Case 4: Direction given to City Attorney to move forward with next step for eminent domain.

Case 5: No reportable action.
8C: Direction given to City Manager concerning audit of capital improvement projects completed at Wastewater Treatment Facility.

9. ADJOURNED @ 8:10PM
Respectfully submitted,
Cecilia Vela, City Clerk

4.C.1
Attachment: Minutes of the Regular Arvin City Council Meeting of September 12, 2023 (Minutes of the Regular Meeting(s) of Sept 12, 2023 and Special Arvin City Council Meeting Minutes – September 15, 2023

Page 1 of 1 ends

SPECIAL MEETING MINUTES

ARVIN CITY COUNCIL / SUCCESSOR AGENCY TO THE

ARVIN COMMUNITY REDEVELOPMENT AGENCY / ARVIN HOUSING AUTHORITY /

ARVIN PUBLIC FINANCING AUTHORITY
SEPTEMBER 15, 2023
CALL TO ORDER @ 6:01PM

PLEDGE OF ALLEGIANCE

INVOCATION
ROLL CALL: CM Murillo and Mayor Trujllo absent; All others present.

1. APPROVAL OF AGENDA AS TO FORM.

Motion to approve the Agenda.

Motion MPT Borreli Second CM Reyes Vote 3-0

2. CLOSED SESSION ITEM(S)
A. CONFERENCE WITH LEGAL COUNSEL--POTENTIAL LITIGATION
(Government Code §54956.9(b).)
Significant exposure to litigation pursuant to §54956.9(b): one case CLOSED SESSION REPORT BY CITY MANAGER: The City Council provided direction to the City Manager.

3. ADJOURNED @ 6:18PM
Respectfully submitted,
Cecilia Vela, City Clerk

4.C.2
Attachment: Minutes of the Special Arvin City Council Meeting of September 15, 2023 (Minutes of the Regular Meeting(s) of Sept 12, 2023 and Staff Report – Consultant Services Agreement – Avenu MuniServices, LLC

Page 1 of 2 ends

CITY OF ARVIN
Staff Report
Meeting Date: September 26, 2023
TO: Arvin City Council
FROM: Jeff Jones, City Manager / Finance Director
SUBJECT: Approval of Consultant Services Agreement between City of Arvin and Avenu MuniServices, LLC for Cannabis Audit Services.

BACKGROUND:

The City desires to ensure the registered commercial cannabis retailers are conducting business within the guidelines provided for by the State of California related to taxation as well as local ordinances and that each maintains accurate books and records, to ensure the proper reporting to the various taxing entities and ensure the City obtains an accurate payment.

The City desires to engage Avenu MuniServices, LLC as consultants to conduct this work.

Avenu MuniServices will provide the services as described in the Statement of Work (Exhibit A) of the Consultant Services Agreement, which includes conducting an audit analysis and providing audit reports for each business entity.

Arvin Municipal Code Section 3.08.095(B) for procurement of professional services indicates:
“The city manager is authorized to contract for all professional services required by the city, for which an appropriation has been made in the current budget, without implementing the formal request for proposal process set forth in subsection B, provided the contract involves an expenditure of city moneys of less than or equal to fifteen thousand dollars ($15,000.00) and the total proposed expenditure of city moneys under the contract and any amendments thereto will not exceed fifteen thousand dollars ($15,000.00). However, in procuring professional services pursuant to the authority provided in this subsection the city manager shall use his best efforts to obtain the best value for the city based upon (1) qualifications of the firm; (2) The firm's experience with similar projects; (3) the firm's capacity to provide the professional services consistent with the city's timelines for performance and (4) the total overall cost to the city unless excluded by state or federal law. In addition, to the extent that its provisions apply to the particular type of service to be procured, the city manager shall fully comply with the requirements of Government Code, section 4526, as may be amended, which shall take precedence over any conflicting provisions in this section. The contract procuring the professional services shall be approved as to form by the city attorney prior to execution by the city manager. The city clerk shall retain the original contract. The finance department shall encumber the amount against the budget”.

Although this contract will be under or at the threshold dollar amount pursuant to Arvin Municdoe 3.08.095(B) and therefore not required to be brought forth to the City Council, the City Manager prefers to have this agreement considered for approval by the City Council.

4.D.1
Attachment: Staff Report Avenu MuniServices, LLC Consultant Services Agmt for Cannabis Audit Services_092623 (Consultant Services Staff Report – Consultant Services Agreement – Avenu MuniServices, LLC

Page 2 of 2 ends

STAFF RECOMMENDATION:

Staff recommends approval of the Consultant Services Agreement between City of Arvin and Avenu MuniServices, LLC for Cannabis Audit Services.

FINANCIAL IMPACT:
$150 per hour not to exceed $7,500 per audit. Entire contract not to exceed $15,000.

ATTACHMENTS:

Consultant Services Agreement

4.D.1
Attachment: Staff Report Avenu MuniServices, LLC Consultant Services Agmt for Cannabis Audit Services_092623 (Consultant Services City of Arvin, Master Consultant Services Agreement 1
AGREEMENT NO. __________
Consultant Services Agreement
This Consultant Services Agreement (the “Agreement”) is made as of September 11, 2023 (“Effective Date”) by and between City of Arvin, a municipal corporation of the State of California ("CLIENT") and Avenu MuniServices, LLC, a Delaware limited liability company, (“CONSULTANT”), collectively the Parties. In consideration of the mutual promises herein contained and other good and valuable consideration, the adequacy and receipt of which is hereby acknowledged, the parties agree as follows:

A. Services

1. CONSULTANT will provide CLIENT with the Services described in EXHIBIT A, Statement of Work which is attached hereto and incorporated by reference. CONSULTANT shall provide said services at the time, place, and in the manner specified in EXHIBIT A.

2. CONSULTANT shall furnish at its own expense all labor, materials, equipment and other items necessary to carry out the terms of this Agreement.

B. Compensation

1. Upon execution of this Agreement, CLIENT will pay CONSULTANT as outlined in EXHIBIT B, Compensation Schedule incorporated and included herein.

C. General Provisions

1. Term of the Agreement: The initial term of this Agreement shall be for a period of one (1) three years (3) following the Effective Date. , and automatically renew for two (2) successive one (1) -year terms if neither party has cancelled (the “Term”). Either r party shall have the right to terminate this Agreement in the event of a material breach by the other party. Any such termination may be made only by providing sixty (60) days prior written notice to the other party, specifically identifying the breach or breaches on which termination is based.

Following receipt of such notice, the party in breach shall have thirty (30) days to cure such breach or breaches.

In the event that such cure is not made, this Agreement shall terminate in accordance with the initial sixty (60) days’ notice. Provided, however, this Agreement is subject to termination upon not less than thirty (30) days written notice to CONSULTANT if CLIENT has failed to receive funds for the continued procurement of the Products or Services after every reasonable effort has been made by CLIENT to secure the necessary funding and if no substitute arrangement is made by CLIENT to obtain the same or similar System or Services from another source. CLIENT agrees to discontinue use of all hardware, software, and other CONSULTANT-owned materials no later than the effective date of termination and return the hardware, software, and other CONSULTANT-owned materials to CONSULTANT within thirty (30) calendar days after termination.

2. Effect of Termination: Notwithstanding non-renewal or termination of this Agreement, CLIENT shall be obligated to pay CONSULTANT for services performed through the effective date of termination for which CONSULTANT has not been previously paid. In addition, because the services performed by CONSULTANT prior to termination or non-renewal of this Agreement may result in the CLIENT’s receipt of revenue after termination which are subject to CONSULTANT’s fee, the CLIENT shall remain obligated after termination or non-renewal to provide to CONSULTANT such information as is necessary for CONSULTANT to calculate

4.D.2
Attachment: Avenu MuniServices LLC Consultant Services Agreement for Cannabis Auditing Services_ 092623 (Consultant Services City of Arvin, Master Consultant Services Agreement 2
compensation due as a result of the receipt of revenue by the CLIENT. Termination of this Agreement for any reason will not affect any liabilities or obligations of either party arising before termination or out of events causing termination and will not affect any damages or other remedies to which a party may be entitled under this Agreement, at law, or in equity, arising from any breach or default.

3. Independent Contractor: It is understood that CONSULTANT and its subcontractors, if any, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and shall not act as an agent or employee of the CLIENT. CLIENT understands that CONSULTANT may perform similar services for others during the term of this Agreement and agrees that CONSULTANT representation of other government sector clients is not a conflict of interest. CONSULTANT shall obtain no rights to retirement benefits or other benefits which accrue to CLIENT's employees, and CONSULTANT hereby expressly waives any claim it may have to any such rights.

4. Subcontractors: CONSULTANT shall have the right to hire subcontractors to provide the services described herein. CONSULTANT, in rendering performance under this Agreement shall be deemed an independent contractor and nothing contained herein shall constitute this arrangement to be employment, a joint venture, or a partnership. CONSULTANT shall be solely responsible for and shall hold CLIENT harmless from any and all claims for any employee related fees and costs including without limitation employee insurance, employment taxes, workman’s compensation, withholding taxes or income taxes.

5. Notice: Any notice required to be given under this Agreement shall be in writing and either served personally, sent prepaid first-class mail, or by express mail courier (i.e. FedEx, UPS, etc.). Any such notice shall be addressed to the other party at the address set forth below. All notices, including notices of address changes, provided under this Agreement are deemed received on the third day after mailing if sent by regular mail, or the next day if sent overnight delivery.

If to CLIENT:

City of Arvin
Attn: Jeff Jones
200 Campus Dr
Arvin, CA 93203
Phone: 661-854-3134
Email: [email protected]
If to CONSULTANT:

Avenu MuniServices, LLC
Attn: Contracts Department
5860 Trinity Parkway., Suite 120
Centreville, VA 20120
Email: [email protected]

6. Representative or designees: CONSULTANT Primary Representative/Project Manager shall be:

Rachelle ArizmendiRachelle Arizmendi, Account ExecutiveClient Services Manager Phone: 213.200.6376 [CSM PHONE] Email: Rachelle.Arizmendi: [CSMEMAIL]@avenuinsights.com

7. Indemnity: CONSULTANT shall indemnify, defend, and hold harmless the CLIENT, its officers, agents, and employees, from and against any and all claims, liabilities, and losses whatsoever (including damages to property and injuries to or death of persons, court costs, and reasonable attorneys’ fees) to extent occurring or resulting from CONSULTANT’s negligent or unlawful performance of its obligations under or breach of the terms of this Agreement, unless such claims, liabilities, or losses arise out of, or are caused at least in part by the sole negligence or willful misconduct of the CLIENT. “CONSULTANT’s performance” includes CONSULTANT’s action or inaction and the action or inaction of CONSULTANT’s officers, employees, agents and subcontractors.

4.D.2
Attachment: Avenu MuniServices LLC Consultant Services Agreement for Cannabis Auditing Services_ 092623 (Consultant Services City of Arvin, Master Consultant Services Agreement 3

8. Limitation of Liability: IN NO EVENT SHALL CONSULTANT, ITS EMPLOYEES,

CONTRACTORS, DIRECTORS, AFFILIATES AND/OR AGENTS BE LIABLE FOR ANY SPECIAL,

INCIDENTAL, OR CONSEQUENTIAL DAMAGES, SUCH AS, BUT NOT LIMITED TO, DELAY,

LOST DATA, DISRUPTION, AND LOSS OF ANTICIPATED PROFITS OR REVENUE ARISING

FROM OR RELATED TO THE SERVICES, WHETHER LIABILITY IS ASSERTED IN CONTRACT

OR TORT, AND WHETHER OR NOT CONSULTANT HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGE. IN ADDITION, CONSULTANT’S TOTAL LIABILITY HEREUNDER, INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS, SHALL IN NO EVENT EXCEED AN AMOUNT EQUAL TO THE FEES DESCRIBED IN EXHIBIT B. THE FOREGOING SETS FORTH THE CLIENT’S EXCLUSIVE REMEDY FOR CLAIMS ARISING FROM OR OUT OF THIS AGREEMENT. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS BETWEEN CONSULTANT AND THE CLIENT AND CONSULTANT’S PRICING REFLECTS THE ALLOCATION OF RISK AND LIMITATION OF LIABILITY SPECIFIED HEREIN.

9. Insurance: CONSULTANT shall keep in full force and effect insurance coverage during the term of this Agreement, including without limitation statutory workers’ compensation insurance; employer’s liability and commercial general liability insurance; comprehensive automobile liability insurance; professional liability and fidelity insurance. The insurance certificate shall name the CLIENT, its agents, officers, servants and employees as additional insureds under the CGL and Automobile policies with respect to the operations and work performed by the named insured as required by written contract. The General Liability policy is Primary & Non-Contributory. Waiver of Subrogation applies under the General Liability and Workers’ Compensation policies. The CGL insurance minimum coverage shall be at least $1,000,000 per incident, claim or occurrence and $2,000,000 aggregate. The Cybersecurity insurance minimum coverage shall be at least $2,500,000 per incident, claim or occurrence. The Automobile Liability insurance minimum coverage shall be at least $1,000,000 covering all owned, non-owned, and hired vehicles. The certificate shall provide that there will be no cancellation, termination, or non-renewal of the insurance coverage without a minimum 30-day written notice to the CLIENT, except in the case of cancellation for non-payment of premium which shall be at least 10-days written notice.

10. Equal Opportunity to Draft: The parties have participated and had an equal opportunity to participate in the drafting of this Agreement. No ambiguity shall be construed against any party upon a claim that that party drafted the ambiguous language.

11. Assignment: This Agreement shall be binding upon and inure to the benefit of the parties, their successors, representatives and assigns. CONSULTANT shall not assign this Agreement, or delegate its duties or obligations under this Agreement, without the prior written consent of CLIENT, which consent shall not be unreasonably withheld, delayed or conditioned. Notwithstanding the foregoing, CONSULTANT may assign this Agreement, in whole or in part, without the consent of CLIENT to any corporation or entity into which or with which CONSULTANT has merged or consolidated; any parent, subsidiary, successor or affiliated corporation of CONSULTANT; or any corporation or entity which acquires all or substantially all of the assets of CONSULTANT. Subject to the foregoing, this Agreement shall be binding upon and inure to the benefit of the parties and their successors or assigns.

12. Ownership of Documents: Except for CONSULTANT’s preexisting proprietary information and processes, any and all documents, including draft documents where completed documents are unavailable, or materials prepared or caused to be prepared by CONSULTANT pursuant to this agreement shall be the property of the CLIENT at the moment of their completed preparation.

4.D.2
Attachment: Avenu MuniServices LLC Consultant Services Agreement for Cannabis Auditing Services_ 092623 (Consultant Services City of Arvin, Master Consultant Services Agreement 4

13. Intellectual Property Rights: The entire right, title and interest in and to CONSULTANT’s database and all copyrights, patents, trade secrets, trademarks, trade names, and all other intellectual property rights associated with any and all ideas, concepts, techniques, inventions, processes, or works of authorship including, but not limited to, all materials in written or other tangible form developed or created in the course of this Agreement (collectively, the "Work Product") shall vest exclusively in CONSULTANT or its subcontractors.

The foregoing notwithstanding, in no event shall any CLIENT-owned data provided to CONSULTANT be deemed included within the Work Product.

14. Public Release and Statements: Neither party or its representatives or agents shall disseminate any oral or written advertisement, endorsement or other marketing material relating to each other’s activities under this Agreement without the prior written approval of the other party. Neither party shall make any public release or statement concerning the subject matter of this Agreement without the express written consent and approval of the other party. No party or its agent will use the name, mark or logo of the other party in any advertisement or printed solicitation without first having prior written approval of the other party. The parties shall take reasonable efforts to ensure that its subcontractors shall not disseminate any oral or written advertisement, endorsement or other marketing materials referencing or relating to the other party without that party’s prior written approval. In addition, the parties agree that their contracts with all subcontractors will include appropriate provisions to ensure compliance with the restrictions of this Section.

15. Force Majeure: CONSULTANT shall not be in default of its obligations hereunder to the extent that its performance is delayed or prevented by causes beyond its control, including but not limited to acts of God, government, quarantines, pandemics, endemics, weather, fire, flood, earthquake, weather, climate change, elements of nature, war, terrorism, civil disturbance, labor disruptions, strikes, embargoes, power or telecommunications failures, inability to obtain supplies, breakdown of equipment or interruption in vendor services or communications, or cause beyond the reasonable control of CONSULTANT (“Force Majeure Event”). Upon the occurrence of a Force Majeure Event, the party that has experienced a delay or failure of performance caused by the Force Majeure Event will be excused from further performance or observance of the affected obligation(s) for as long as the extenuating circumstances prevail and that party continues to attempt to recommence performance or observance whenever and to whatever extent possible without delay. The party that experienced a delay or failure of performance caused by the Force Majeure Event will immediately notify the other party and describe in reasonable detail the circumstances causing the delay or failure of performance.

The provisions of this Section shall survive termination of this Agreement.

16. Relationship of the Parties This Agreement shall not constitute, create, give effect to, or otherwise imply a joint venture, partnership, or business organization of any kind. CONSULTANT and CLIENT are independent parties, and neither party shall act as an agent for or partner of the other for any purpose. Nothing in this Agreement shall grant to either party any right to make any commitments of any kind for or on behalf of the other party without the prior written consent of the other party. CONSULTANT shall not be restricted from providing products or performing services for others and shall not be bound to CLIENT except as provided under this Agreement.

17. Severability If all or part of any term or condition of this Agreement, or the application of any term or condition of this Agreement, is determined by any court of competent jurisdiction to be invalid or unenforceable to any extent, the remainder of the terms and conditions of this Agreement (other than those portions determined to be invalid or unenforceable) shall not be affected, and the remaining terms and conditions (or portions of terms or conditions) shall be valid and enforceable to the fullest extent permitted by law. If a judicial determination prevents the accomplishment of the purpose of this Agreement, the invalid term or condition (or

4.D.2
Attachment: Avenu MuniServices LLC Consultant Services Agreement for Cannabis Auditing Services_ 092623 (Consultant Services City of Arvin, Master Consultant Services Agreement 5
portions of terms or conditions) shall be restated to conform to applicable law and to reflect as nearly as possible the original intent of the parties.

18. Waiver Or Forbearance Any delay or failure of either party to insist upon strict performance of any obligation under this Agreement or to exercise any right or remedy provided under this Agreement shall not be a waiver of that party’s right to demand strict compliance, irrespective of the number or duration of any delay(s) or failure(s). No term or condition imposed on either party under this Agreement shall be waived and no breach by either party shall be excused unless that waiver or excuse of a breach has been put in writing and signed by both parties. Waiver in any instance of any right or remedy shall not constitute waiver of any other right or remedy under this Agreement. Consent to or forbearance of any breach or substandard performance of any obligation under this Agreement shall not constitute consent to modification or reduction of the other obligations or forbearance of any other breach.

19. Entire Agreement: This Agreement constitutes the entire agreement between the parties hereto and supersedes any prior understandings or written or oral agreements between the parties respecting the subject matter contained herein. Said Agreement shall not be amended, altered, or changed, except by a written amendment signed by both parties.

20. Headings The section headings used in this Agreement are merely for reference and have no independent legal meaning and impose no obligations or conditions on the parties.

21. Governing Law This Agreement shall be governed by, interpreted, construed, and enforced in accordance with the laws of the State of Virginia, without reference to the principles of conflict of laws.

22. Counterparts: This Agreement may be signed in separate counterparts including facsimile copies. Each counterpart (including facsimile copies) is deemed an original and all counterparts are deemed on and the same instrument and legally binding on the parties.

23. Invalidity: If any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein.

24. Implementation: Implementation should begin as soon as possible from the signing of this Agreement (the “Implementation Date”) for the performance of services under the terms of this Agreement. [SIGNATURES ON FOLLOWING PAGE]

4.D.2
Attachment: Avenu MuniServices LLC Consultant Services Agreement for Cannabis Auditing Services_ 092623 (Consultant Services City of Arvin, Master Consultant Services Agreement 6
IN WITNESS HEREOF, the parties have caused this Agreement to be executed on the date first written above. “CLIENT”
City of Arvin
a Municipal Corporation
By: \signature1\
Name: ______________________________
Title: \title1\
Date: \date1\
“CONSULTANT”
Avenu MuniServices, LLC
a Delaware limited liability company
By: \signature2\
Name: ______________________________
Title: \title2\
Date: \date2\

4.D.2
Attachment: Avenu MuniServices LLC Consultant Services Agreement for Cannabis Auditing Services_ 092623 (Consultant Services City of Arvin, Master Consultant Services Agreement 7

EXHIBIT A - STATEMENT OF WORK
Cannabis Audit Services
The City desires to ensure the registered commercial cannabis retailers are conducting business within the guidelines provided for by the State of California related to taxation as well as local ordinances and that each maintains accurate books and records, to ensure the proper reporting to the various taxing entities and ensure the City obtains an accurate payment.

In performing Cannabis Audit Services, CONSULTANT will:
• Start with an Informational Kickoff Meeting - Meet with designated City staff to review and discuss potential audit candidates, audit approach, and establish a mutually agreeable project timeline. • Begin Audit process.
• Audit Issues/Findings – Meet with City staff on audit activities, including, but not limited to:
o Unexpected delays resulting from the business entity response or other causes. o Significant errors or issues identified during the audit process. o Cooporation issues with the business entity.
• Draft Report Presentation– Meet with City staff to present a draft report for each business. • Final Audit Report – Written report with information about each business; those in compliance, those not in compliance, and recommendations for corrective actions • Presentation of Audit Summary – Written report with recommendations on possible administrative, technical and/or regulatory policy modifications that may improve future compliance.

Commercial Canabis Business Audit Approach
CONSULTANT’s audit process has been developed to address the specifc requirements of each business operation and is not a one-size-fits-all approach. We recognize that businesses have differing operating styles, expertise, and attention to detail. CONSULTANT will conduct an initial expedited analytical evaluation before starting a complete verification of the business operations. The results of the initial analysis will determine the extent and depth of the full examination.

CONSULTANT will also work with City to create an audit authorization letter to be presented to the entities selected for review giving CONSULTANT authorization to conduct work on the City’s behalf. This letter will provide clear expectations for timely complying with audit requests such as access to the facility, system specifications and financial data storage and access.

4.D.2
Attachment: Avenu MuniServices LLC Consultant Services Agreement for Cannabis Auditing Services_ 092623 (Consultant Services The audit analysis can include, but is not limited to the following tasks:

1. Review of applicable provisions of the City's municipal code and resolutions adopted by the City.

2. Review business records filed with the city such as application, operating agreements, compliance documents and tax returns.

3. Initiate communication with businesses to establish appropriate business contacts and to get an initial understanding of the business’ Point of Sales systems (POS), product inventory and tracking systems, accounting data systems, physical operation procedures and methodology.

4. Examination of business operations and financial data to verify the accuracy of reported tax returns and compliance with city regulatory and administrative policies.

5. Prepare draft audit report for each business entity. The report will identify any tax deficiencies with a summary explaining how the deficiencies were discovered and suggestions on a resolution to ensure future compliance.

6. The draft report will first be discussed with city staff and then presented to the business entity, upon city approval. The business entity will be provided an appropriate amount of time to review the audit report and respond to any of the audit findings.

7. Prepare a final audit report summarizing the findings. The audit report will include information about the specific aspects of the business that were in compliance, those that were not in compliance, and recommendations for corrective actions. If relevant, we will also include areas for continued monitoring.

8. Prepare an audit summary report upon completion of all the initial audits. The audit summary report will provide recommendations to the city on possible administrative, technical and/or regulatory policy modification that maybe considered to improve compliance with City operating and reporting requirements.

Client Assistance
• CLIENT will provide CONSULTANT with the records of those taxpayers authorized by CLIENT for examination, including but not limited to business name, business’s physical address, mailing address, and contact person’s name, email, and phone number.
• CLIENT agrees to return the signed authorization letter on CLIENT letterhead within thirty (30) days of the effective date of the agreement.
• CLIENT agrees to timely sign documents and correspondence, as required. • CLIENT agrees to provide CONSULTANT with its ordinances, codes, and tax rates within thirty (30) days of the effective date of the agreement, and notice of any changes thereafter in the ordinances, codes, and tax rates levied by the CLIENT.

4.D.2
Attachment: Avenu MuniServices LLC Consultant Services Agreement for Cannabis Auditing Services_ 092623 (Consultant Services EXHIBIT B – COMPENSATION SCHEDULE
Audit
CONSULTANT’s compensation for the Cannabis Audit Services shall be an hourly fee of $150 not to exceed $7,500 per audit. The entire contract will not exceed $15,000. .

Travel and Out-of-Pocket
CLIENT shall reimburse CONSULTANT for reasonable travel and other out-of-pocket expenses associated with the performance of the field audits including but not limited to lodging, parking, mileage, per diem, etc. (Mileage and per diem shall be according to IRS regulations). Such reimbursement shall be billed incrementally.

Additional Consulting
CLIENT may request that CONSULTANT provide additional consulting services at any time during the term of this Agreement. If CONSULTANT and CLIENT agree on the scope of the additional consulting services requested, then CONSULTANT shall provide the additional consulting on a Time and Materials basis.

Depending on the personnel assigned to perform the work, standard hourly rates range from ninety dollars ($90) per hour to three-hundred fifty dollars ($350) per hour.

These additional consulting services will be invoiced at least monthly based on actual time and expenses incurred.

4.D.2
Attachment: Avenu MuniServices LLC Consultant Services Agreement for Cannabis Auditing Services_ 092623 (Consultant Services Staff Report – Auth City Manager to Execute Agreement with Valencia Aircold for HVAC units for Adobe Plaza Complex.

Page 1 of 2 ends

CITY OF ARVIN
Staff Report
Meeting Date: September 26, 2023
TO: Arvin City Council
FROM: Jeff Jones, City Manager / Finance Director
SUBJECT: Approval of A Resolution of the City Council of the City of Arvin Authorizing the City Manager to Execute An Agreement with Valencia Aircold, Inc. for Purchase and Installation of Two (2) HVAC Units for the City of Arvin Adobe Plaza Complex in the Amount of $19,860; and to adopt a Class 1 Categorical Exemption (Existing Facilities) for the project under CEQA Guidelines Section 15301.

BACKGROUND:

The City of Arvin desires to replace the decades old heating and cooling system at the Adobe Plaza Complex with 2 new HVAC systems. The current old systems do not provide sufficient cooling.

The suites at the Adobe Plaza Complex are leased by tenants in accordance with the lease agreements previously approved by the City Council. The City’s responsibility as the landlord according to the lease agreements is to, at City’s sole cost and expense, maintain the structural elements of the building including the HVAC systems in good condition and repair.

Arvin Municipal Code Section 3.08.080 establishes an open market procedure for purchases under $30,000. The municipal code requires a minimum number of three bids, when possible, with the award of the bid provided to the lowest responsible bidder. Public Contract Code §1103 defines a “Responsible bidder” as one, “who has demonstrated the attribute of trustworthiness, as well as quality, fitness, capacity, and experience to satisfactorily perform the public works contract.” Therefore, the City is not required to award the bid to the lowest bidder but instead to the lowest and responsible bidder.

The Public Works Supervisor reached out and obtained quotes from four local vendors regarding this project. Based on previous experience and work conducted for the City, Staff determined that although Valencia Aircold, Inc. did not provide the lowest bid, they were the lowest responsible bidder. Therefore, staff recommends awarding the bid to Valencia Aircold, Inc. in the amount of $19,860.

ENVIRONMENTAL:

Staff has performed a preliminary environmental assessment of this project and determined that it falls with the Categorical Exemption set forth in CEQA Guidelines Section 15301 (Existing Facilities), as the contract is for the replacement of outdated HVAC services in an existing structure (Adobe Plaza Complex) involving negligible or no expansion of existing facilities. Further, Staff has determined that none of the exceptions to Categorical Exemptions set forth in CEQA Guidelines Section 15300.2 apply to this project.

4.E.1
Attachment: Staff Report Agmt with Valencia Aircold, Inc. for HVAC Units at Adobe Plaza_092623 (Purchase and Installation of HVAC Units Staff Report – Auth City Manager to Execute Agreement with Valencia Aircold for HVAC units for Adobe Plaza Complex.

Page 2 of 2 ends

RECOMMENDATION:

Staff recommends the City Council adopt the Resolution authorizing the City Manager to execute an agreement with Valencia Aircold, Inc. for purchase and installation of two (2) HVAC units for the City of Arvin Adobe Plaza Complex in the amount of $19,860.00; and adopt a Class 1 Categorical Exemption (Existing Facilities) for the project under CEQA Guidelines Section 15301.

FINANCIAL IMPACT:

This project is funded by ARPA Economic Development funds.

ATTACHMENTS:
1) Proposal from Valencia Aircold, Inc.

4.E.1
Attachment: Staff Report Agmt with Valencia Aircold, Inc. for HVAC Units at Adobe Plaza_092623 (Purchase and Installation of HVAC Units Reso - Auth City Manager to Execute Agreement with Valencia Aircold for HVAC units for Adobe Plaza Complex.

Page 1 of 2 ends

RESOLUTION NO. ________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARVIN

AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT
WITH VALENCIA AIRCOLD, INC. FOR PURCHASE AND
INSTALLATION OF TWO (2) HVAC UNITS FOR THE CITY OF ARVIN ADOBE PLAZA COMPLEX IN THE AMOUNT OF $19,860; AND TO
ADOPT A CLASS 1 CATEGORICAL EXEMPTION (EXISTING

FACILITIES) FOR THE PROJECT UNDER CEQA GUIDELINES
SECTION 15301.

WHEREAS, the City of Arvin desires to replace a decades old heating and cooling system with new HVAC units at the City of Arvin’s Adobe Plaza Complex; and WHEREAS, the old units do not provide sufficient cooling; and WHEREAS, the suites at the Adobe Plaza Complex are leased by tenants in accordance with the lease agreements previously approved by the City Council and it is the City’s responsibility as the landlords to, at City’s sole cost and expense, maintain the structural elements of the building including the HVAC systems in good condition and repair; and WHEREAS, Arvin Municipal Code Section 3.08.080 establishes an open market procedure for purchases under $30,000 and requires a minimum number of three bids, when possible, with the award of the bid provided to the lowest responsible bidder; and WHEREAS, Public Contract Code §1103 defines a “Responsible bidder” as one, “who has demonstrated the attribute of trustworthiness, as well as quality, fitness, capacity, and experience to satisfactorily perform the public works contract.”; and WHEREAS, City staff obtained quotes from four local vendors and based on previous experience and work conducted for the City, Staff determined that although Valencia Aircold, Inc. did not provide the lowest bid, they were the lowest responsible bidder; and WHEREAS, City staff recommends awarding the bid to Valencia Aircold, Inc. for purchase and installation of two (2) HVAC units; and
NOW, THEREFORE, the City Council of the City of Arvin, does resolve as follows:

1. The City has performed a preliminary environmental assessment of this project and determined that it falls with the Categorical Exemption set forth in CEQA Guidelines Section 15301 (Existing Facilities), as the contract is for the purchase and installation of HVAC units in existing structures and buildings at the City of Arvin Adobe Plaza Complex involving negligible or no expansion of existing facilities. Further, none of the exceptions to Categorical Exemptions set forth in CEQA Guidelines Section 15300.2 apply to this project. As such, the City Council adopts a Class 1 Categorical Exemption (Existing Facilities) for this project under CEQA Guidelines Section

4.E.2
Attachment: Reso Agmt with Valencia Aircold, Inc. for HVAC Units at Adobe Plaza_092623 (Purchase and Installation of HVAC Units from Reso - Auth City Manager to Execute Agreement with Valencia Aircold for HVAC units for Adobe Plaza Complex.

Page 2 of 2 ends

15301.

2. The City Council authorizes the City Manager to purchase on the City’s behalf two (2) HVAC units and installation in an amount not to exceed $19,860.00 with Valencia Aircold, Inc., and to enter into any agreement(s) necessary for the same.

3. The City Manager is authorized to make any non-material, technical, and clerical edits and corrections to the agreement listed in (2), and subject to approval as to form by City Attorney.

4. This resolution is effective immediately upon adoption.

I HEREBY CERTIFY that the foregoing resolution was passed and adopted by the City Council of the City of Arvin at a regular meeting thereof held on the 26th day of September 2023 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST
CITY OF ARVIN CECILIA VELA, City Clerk
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.

4.E.2
Attachment: Reso Agmt with Valencia Aircold, Inc. for HVAC Units at Adobe Plaza_092623 (Purchase and Installation of HVAC Units from Proposal & Contract
Valencia Aircold, Inc.
5320 Taft Hwy
Bakersfield, CA 93313
Business: 661-747-4762
Fax: 661-836-0466
License # 904495
To: Arvin Adove HVAC Project
Date Job Location Attention
09/06/23 Air Conditioning Units 141 N A Street
Arvin, CA 93203
All the work mentioned above to be paid in full upon completion of installation.

Signature:_______________________ ___________ Date:____________ Item
#
QTY Scope of Work Unit Unit Price Line Total
2 We propose to remove 2 old 5ton complete split systems and install 2 5ton Rheem Horizontal Furnaces & Indoor Coils with a new drain pan and install new digital thermostats. We will also install a new filter rack for easy access for air filter replacement. The job includes city permit.------------------------ **If any zoning and duct work will stay the same
HVAC units come with a 5-year manufacturer warranty on
parts and a 1-year warranty on labor.
$9,860.00 $19,720.00
TOTAL $19,860.00

4.E.3
Attachment: Proposal Estimate from Valencia Aircold Inc. $19,860 (Purchase and Installation of HVAC Units from Valencia Aircold Inc. for

CITY OF ARVIN
Staff Report
Meeting Date: September 26, 2023
TO: Arvin City Council
FROM: Cecilia Vela, City Clerk
Jeff Jones, City Manager / Finance Director
SUBJECT: Consideration and Approval of Appointment of Board of Trustee to the Kern Mosquito & Vector Control District (KMVCD) and Setting the Term of the Appointment.

BACKGROUND:

The Kern Mosquito & Vector Control District (KMVCD) Board is made up of eight (8) Trustees; four appointed by the Kern County Board of Supervisors, one each by City Councils of Bakersfield, Arvin, Shafter, and Wasco. The District Manager of the Kern Mosquito & Vector Control District Board has informed City staff that a vacancy now exists and requested that the City consider appointing a qualified member to fill the City of Arvin’s Trustee seat for a term expiring on December 31, 2025 or December 31, 2027.

PRIMARY OBJECTIVE OF THE KMVCD BOARD:

The primary objective of the KMVCD is the progressive elimination of mosquito breeding places, the objective to be accomplished by an educational service on control measures, performing services of temporary relief control, establishing projects of source reduction, using abatement procedure methods when necessary, and by general policy of cooperation.

QUALIFICATIONS TO SERVE AS THE KMVCD BOARD TRUSTEE:

To be eligible to serve as the City of Arvin District Trustee of the KMVCD Board, the individual must be at least 18 years of age, and an elector and resident of the City of Arvin.

The filing of a Statement of Economic Interest disclosing certain personal financial holdings is required upon appointment and annually thereafter is required (Government Code sections 81000-91014). Two hours of training in general ethics principles and ethics law upon appointment, and every two years thereafter is required. (Government Code 53235(b), 53235.1).

The Arvin City Council may either appoint a qualified resident of Arvin; or appoint a member of the City Council to serve as the KMVCD Board of Trustee.

The Trustee must be available to attend meetings at the KMVCD office in Bakersfield every 2nd Wednesday of the month at 11:30am in Bakersfield. The term of the trustee may be set for either two or four years at the discretion of the City Council. Therefore, the term is scheduled to expire on December 31, 2025 or December 31, 2027.

5.A.1
Attachment: Staff Report Kern Mosquito Board of Trustee Appointment_92623 (Appointment of Board of Trustee to the Kern Mosquito & Vector RECOMMENDATION:

Staff recommends that the City Council appoint a qualified Arvin resident or a member of the City Council to serve as the KMVCD Board Trustee and set the term of the appointment.

FINANCIAL IMPACT:

None

5.A.1
Attachment: Staff Report Kern Mosquito Board of Trustee Appointment_92623 (Appointment of Board of Trustee to the Kern Mosquito & Vector

CITY OF ARVIN
Staff Report
Meeting Date: September 26, 2023
TO: Arvin City Council
FROM: Jeff Jones, City Manager/Finance Director
SUBJECT: Approval of Budget Amendment Number 2324-01
BACKGROUND:

The City Manager/Finance Director has completed an analysis of projected transit department revenue and expenses for Fiscal Year 2023-2024. Subsequent to the approval of the FY 23/24 budget, the Transportation Manager determined that an opportunity exists for the department to purchase extended warranties for the three electric busses in the fleet. The cost of the extended warranties, $244,212.99 is mostly funded through a COVID relief fund transportation grant in the amount of $201,016. The remainder of the expense $43,186.99 will be funded via TDA STAF funds. As this expense was not included in the FY 23/24 budget, the City Manager/Finance Director is requesting the following budget amendment:
40-00-000-400-00-0070 Pre-paid Vehicle Warranty Transit $244,212.99 40-10-130-400-23-4004 Grant Revenue – Federal COVID ($201,026.00) 40-10-230-400-23-4004 Grant Revenue TDA 5311 ($43,186.99) STAFF RECOMMENDATION:

Staff recommends that the Council adopt budget amendment number 2324-01.

FINANCIAL IMPACT:

No net impact on the general fund. The expense to the transportation department budget will be offset by grant revenue.

ATTACHMENTS:

Budget Adjustment #2324-01

5.B.1
Attachment: Staff Report Budget Amendment 2324-01 for Proterra Bus Warranty_092623 (Budget Amendment 2324-01 for Proterra Bus

Page 1 of 2 ends

Reso Budget Amendment No. 2324-01
RESOLUTION NO. _________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARVIN
APPROVING BUDGET AMENDMENT NUMBER 2324-01 IN THE
AMOUNT OF $224,212.99 AND OTHER RELATED ACTIONS.

WHEREAS, Section 540 of the City of Arvin’s Financial Management Manual requires City Council approval of all budget amendments which have a financial impact on the City’s funds; and
WHEREAS, the City Manager/Finance Director has completed an analysis of projected transit department revenue and expenses for Fiscal Year (FY) 2023-2024; and WHEREAS, when the Fiscal Year 2023-2024 budget was adopted by the City Council on June 27, 2023, $883,073 in expenses for Transit Department were budgeted to Transit Enterprise Account #40-10-XXX-400-23-5XXX; and
WHEREAS, the cost of the extended warranties, $244,212.99 is mostly funded through a COVID relief fund transportation grant in the amount of $201,016 and the remainder of the expense $43,186.99 will be funded via TDA STAF funds; and WHEREAS, this expense was not included in the FY 2023-2024 budget and the City Manager/Finance Director is requesting the following budget amendment:
40-00-000-400-00-0070 Pre-paid Vehicle Warranty Transit $244,212.99 40-10-130-400-23-4004 Grant Revenue – Federal COVID ($201,026.00) 40-10-230-400-23-4004 Grant Revenue TDA 5311 ($43,186.99) NOW THEREFORE BE IT RESOLVED, by the City Council of Arvin as follows:

Approve and authorize budget amendment 2324-01 in the amount of approximately $224,212.99 and authorize the finance department to provide a transfer of $201,026.00 in expenses from the Grant Revenue – Federal COVID fund and $43,186.99 from the Grant Revenue TDA 5311 fund to the Pre-paid Vehicle Warranty Transit Account.
.
/////
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/////
/////
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5.B.2
Attachment: Reso Budget Amendment Number 2324-01 for Busses Warranty__092623 (Budget Amendment 2324-01 for Proterra Bus Warranty)

Page 2 of 2 ends

Reso Budget Amendment No. 2324-01
I HEREBY CERTIFY that the foregoing resolution was passed and adopted by the City Council of the City of Arvin at a regular meeting thereof held on the 26 th day of September 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:

5.B.2
Attachment: Reso Budget Amendment Number 2324-01 for Busses Warranty__092623 (Budget Amendment 2324-01 for Proterra Bus Warranty)

CITY OF ARVIN NUMBER

BUDGET AMENDMENT REQUEST
per Arvin Financial Management Manual - Section 540

REQUESTING DEPARTMENT FUND NAME - NUMBER
Finance 400-Enterprise Fund
Account Number Account Name Amount to Amend
40-00-000-400-00-0070 Prepaid Maint Warranty $ 244,213
40-10-130-400-23-4004 Grant Revenue-Fed COVID 5311 $ (201,026) 40-10-230-400-23-4004 Grant Revenue TDA STAF $ (43,187) TOTAL ALL AMENDMENTS $ -

PURPOSE
Procurement of extended warranty for three electric busses. Expense is offset by grant revenue from Fedeal COVID and TDA STAF grants.

Approvals: If total of amendments equals ZERO, City Manager approval If total of amendments does NOT equal ZERO, Council Approval required Finance Department
City Manager
City Council - Resolution #_________________________________________ 2324-01

5.B.3
Attachment: Budget transfer worksheet 2324-01 (Budget Amendment 2324-01 for Proterra Bus Warranty)

CITY OF ARVIN
Staff Report
Meeting Date: September 26, 2023
TO: Arvin City Council
FROM: Hesham Elshazly, Transit Manager
Jeff Jones, City Manager / Finance Director
SUBJECT: A Resolution of the City Council of the City of Arvin Dispensing with the Public Bidding Requirement Based on the Single Vendor Exception and Authorizing the Purchase of An Extended Warranty for Three Proterra Electric Busses for the Period of Sept 2023 through Sept 2026 in the amount of $244,212.99.

BACKGROUND:

The City of Arvin’s Transit Department requests approval from the City of Arvin City Council to purchase an extended warranty for its Proterra Electric transit fleet – three busses. This is for a two-year beginning in September 2024 until September 2026. Each bus was purchased in 2019 for approximately $900,000 each. The warranty on each bus will be less than ten percent of the original purchase price of the busses.

This warranty will help avoid unforeseen mechanical costs over the next two years and is only available to Arvin from the bus manufacturer. Chapter 3.08.070 of the Arvin Municipal Code provides that the public bidding requirement may be dispensed with when the commodity can be obtained from only one (1) vendor.

STAFF RECOMMENDATION:

Staff recommends approval of the Resolution to dispense with the public bidding requirement based on the single vendor exception and authorize the purchase of the extended warranty to avoid unforeseen mechanical costs.

FINANCIAL IMPACT:

The warranty cost through September 2026 is $244,212.99, however payment is required now in order to protect the price. $201,016 of the purchase is funded via an approved Federal Transit Covid Related grant number 64RO21-01607. This grant can only be used for transit operations.

The remainder of the purchase is funded via TDA transit only grant funds. As this is a nonbudgeted item a budget adjustment will be required.

ATTACHMENTS:

Proterra Extended Warranty Estimate

5.C.1
Attachment: Staff Report Proterra Bus Warranty_092623 (Extended Warranty for 3 Proterra Electric Busses) Reso Extended Warranty for 3 Proterra Busses.

Page 1 of 2 ends

RESOLUTION NO. __________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARVIN

DISPENSING WITH THE PUBLIC BIDDING REQUIREMENT BASED

ON THE SINGLE VENDOR EXCEPTION AND AUTHORIZING THE

PURCHASE OF AN EXTENDED WARRANTY FOR THREE PROTERRA
ELECTRIC BUSSES FOR THE PERIOD OF SEPTEMBER 2023
THROUGH SEPTEMBER 2026 IN THE AMOUNT OF $244,212.99.

WHEREAS, the City of Arvin purchased three Proterra electric busses in 2019 for approximately $900,000 each; and
WHEREAS, the City of Arvin Transit Department has requested that the City Council authorize the purchase of an extended warranty for three (3) Proterra electric busses; and WHEREAS, the extended warranty will provide coverage for two years from September 2024 through September 2026 and will help avoid unforeseen mechanical costs over the next two years; and
WHEREAS, the cost for the two-year extended warranty coverage is $244,212.99 (less than ten percent of the original purchase price of the busses); and WHEREAS, California government Code Section 54201 requires local agencies to adopt procedures of the acquisition of supplies and equipment; and WHEREAS, Chapter 3.08 of the Arvin Municipal Code sets forth rules and regulations regarding the purchase of equipment and supplies for city departments; and WHEREAS, Chapter 3.08.080 generally requires that purchases of supplies and equipment in excess of thirty thousand dollars ($30,000.00) shall be subject to a formal bidding process; and
WHEREAS, Chapter 3.08.070 of the Arvin Municipal Code provides that the public bidding requirement may be dispensed with when the commodity can be obtained from only one (1) vendor; and
WHEREAS, Proterra is the only company that offers extended warranties on its projects; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arvin as follow:

1. The above recitals are true and correct; and

2. With respect to the purchase of an extended warranty for three Proterra electric busses, the City Council of the City of Arvin does hereby declare that the public bidding requirements of the Arvin Municipal Code are hereby dispensed with pursuant to Chapter

3.08.070, because the appropriate findings have been made that the warranty can only be obtained from one vendor; and

5.C.2
Attachment: Reso Purchase Extended Warranty for 3 Proterra Busses and Single Vendor Exception_092623 (Extended Warranty for 3 Proterra Reso Extended Warranty for 3 Proterra Busses.

Page 2 of 2 ends

3. The City Council of the City of Arvin authorizes the City of Arvin to purchase the extended warranty from Proterra for three electric busses.

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, LLP
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.

5.C.2
Attachment: Reso Purchase Extended Warranty for 3 Proterra Busses and Single Vendor Exception_092623 (Extended Warranty for 3 Proterra

5.C.3
Attachment: Proterra Bus Warranty_092623 (Extended Warranty for 3 Proterra Electric Busses) September 2023
Diamond IT Support Agreement & Services
For City of Arvin and Arvin Police Department
Support Contract
SecureCentric
BackupCentric
Recurring Maintenance
Managed Firewall Rentals

Block Retainer Agreement
• 15% discount off published hourly rates
• Help Desk Support
• Weekly Onsite support
• Emergency support requests
Strategic Planning & Guidance
• Architecture/Design
services
• Engineering services
• Consulting services
• Compliance
• DOJ requirements
• Cyber Security planning
• Cyber insurance
requirements
Thank you
Mike Leftwich
[email protected]
www.diamondit.pro
Staff Report – Third Amend to CSA – Diamond I.T.

Page 1 of 1 ends

CITY OF ARVIN
Staff Report
Meeting Date: September 26, 2023
TO: Arvin City Council
FROM: Dennis Clark, Finance Supervisor
Jeff Jones, City Manager / Finance Director
SUBJECT: Approval of A Resolution of the City Council of the City of Arvin Approving the Third Amendment to Contract Services Agreement by and between the City of Arvin, a municipal corporation and Diamond Technologies, Inc., for computer system and information technology installation, repair, and maintenance.

BACKGROUND:

The City of Arvin and Diamond Technologies, Inc., entered into a contract for Computer System and Information Technology Installation, Repair, and Maintenance on July 29, 2015. The term of the contract was for three years, with two additional options of one year each. This contract termed out effective July 29, 2020. The City and Diamond Technologies, Inc. extended this contract retroactively from June 30, 2020 to December 1, 2021. A second contract amendment extended the contract from December 1, 2021 to December 31, 2023. Staff has determined a need for a third contract amendment extending the contract to December 31, 2024 and retroactively updating the contract amount to not exceed $650,000 during the period of the first, second and third amendments.

The contract services agreement with Diamond includes remote support 24 hours/day, 7 days/week and 365 days/year; onsite regularly scheduled service by a Diamond qualified technician at least once a week; monitoring, maintaining and administration of computer servers and associated hardware, software, automated digital backup system, communications (including phone) and operating systems necessary to ensure the quality, security (including spam filters, virus protection and firewalls), performance, availability, recoverability and reliability of the system. There are 11 servers and 3 locations of networks and firewalls, 75 email accounts, approximately 60 Microsoft Office Business 365 licenses, the police department software systems, the police department mobile vehicle systems, and the body worn camera program. In addition, Diamond IT ensures that all of the Police Department computers and data are maintained to the highest level of security as required by the Department of Justice.

It is anticipated that a new 'RFP' (Request for Proposal) for this service (Computer System Information Technology Installation, Repair, and Maintenance) will go out to interested parties during the first quarter of 2024.

FINANCIAL IMPACT:

This is a budgeted expense in the administrative and police department budgets. Additionally, some grant funds may be available to offset some of the security costs, especially for police department operations.

5.D.1
Attachment: Staff Report Third Amend to Diamond IT Contract_092623 (Diamond IT - Third Amendment to Contract Services Agreement)

Page 1 of 2 ends

Reso Approving 3
rd Amend to CSA with Diamond Technologies, Inc. for computer system and I.T. installation, repair, & maintenance.

RESOLUTION NO. ______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARVIN

APPROVING THE THIRD AMENDMENT TO CONTRACT SERVICES

AGREEMENT BY AND BETWEEN THE CITY OF ARVIN, A MUNICIPAL CORPORATION AND DIAMOND TECHNOLOGIES, INC., FOR

COMPUTER SYSTEM AND INFORMATION TECHNOLOGY

INSTALLATION, REPAIR, AND MAINTENANCE
WHEREAS, the City of Arvin (“City”) and Diamond Technologies, Inc., (“Consultant” or “Contractor”) entered into that certain Contract Services Agreement (Agreement No. 2015-18) dated on or about July 29, 2015 (“Agreement”) whereby Consultant agreed to provide Computer System and Information Technology Installation, Repair, and Maintenance; and WHEREAS, the term of the Agreement was until June 30, 2018, with the City given the option to extend the Agreement by two additional one year periods; and WHEREAS, the City exercised both of these options to extend, extending the Term until June 30, 2020; and
WHEREAS, the First Amendment was retroactive to June 30, 2020, extending the term to December 1, 2021: and
WHEREAS, the Second Amendment was retroactive to December 1, 2021, extending the term to December 1, 2023; and
WHEREAS, City and Consultant now desire to amend the Agreement, in order to extend the term of the agreement, in addition to other changes as described in the Third Amendment to Contract Services Agreement between the City of Arvin and Diamond Technologies, Inc. (Exhibit A).

NOW, THEREFORE, BE IT RESOLVED THAT: by the City Council of the City of Arvin as follows:

Section 1: The foregoing recitals are true and correct.

Section 2: The City Council of the City of Arvin approves the “Third Amendment To Contract Services Agreement” attached herein, and authorizes the Mayor or City Manager to execute the same on behalf of the City of Arvin subject to approval as to legal form by the City Attorney.

Section 3: The City Council finds that this approval is in the best interests of the City of Arvin.

Section 4: This resolution shall be effective upon adoption.

5.D.2
Attachment: Reso Approving Diamond Technologies Third Amend to Contract Services Agmt_092623 (Diamond IT - Third Amendment to

Page 2 of 2 ends

Reso Approving 3
rd Amend to CSA with Diamond Technologies, Inc. for computer system and I.T. installation, repair, & maintenance.

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
Exhibit A: Third Amendment to Contract Services Agreement between the City of Arvin and Diamond Technologies, Inc.

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.

5.D.2
Attachment: Reso Approving Diamond Technologies Third Amend to Contract Services Agmt_092623 (Diamond IT - Third Amendment to

Page 1 of 5 ends

01159.0007/674436.2
AGREEMENT NO. __________

THIRD AMENDMENT TO CONTRACT SERVICES AGREEMENT BY

AND BETWEEN THE CITY OF ARVIN, A MUNICIPAL CORPORATION
AND DIAMOND TECHNOLOGIES, INC., FOR COMPUTER SYSTEM

AND INFORMATION TECHNOLOGY INSTALLATION, REPAIR, AND
MAINTENANCE.

This Third Amendment to Contract Services Agreement by and between the City of Arvin, a Municipal Corporation and Diamond Technologies, Inc., for Computer System and Information Technology Installation, Repair, and Maintenance (“Third Amendment”) is effective as of the 26th day of September 2023.

R E C I T A L S
WHEREAS, the City of Arvin (“City”) and Diamond Technologies, Inc., (“Consultant” or “Contractor”) entered into that certain Contract Services Agreement (Agreement No. 2015-18) dated on or about July 29, 2015 (“Agreement”) whereby Consultant agreed to provide Computer System and Information Technology Installation, Repair, and Maintenance; and WHEREAS, the term of the Agreement was until June 30, 2018, with the City given the option to extend the Agreement by two additional one-year periods; and WHEREAS, the City exercised both these options to extend, extending the Term until June 30, 2020; and
WHEREAS, the First Amendment was retroactive to June 30, 2020, extending the term to December 1, 2021: and
WHEREAS, the Second Amendment was retroactive to December 1, 2021, extending the term to December 1, 2023; and
WHEREAS, City and Consultant now desire to amend the Agreement, in order to further extend the term of the agreement, in addition to other changes described below.

A G R E E M E N T
In consideration of the foregoing Recitals and for good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the City and Consultant agree as follows:

Section 1. Section 2.1, entitled “Contract Sum,” is amended as follows, with strikethrough text indicating deleted text and underline text indicating added text:
“2.1 Contract Sum.

5.D.3
Attachment: Diamond Technologies Third Amend to Contract Services Agmt_092623 (Diamond IT - Third Amendment to Contract Services

Page 2 of 5 ends

01159.0007/674436.2
Thousand Dollars ($60,000) One Hundred Fifty Thousand Dollars ($150,000) (“Contract Sum”).

Notwithstanding, for the period from June 30, 2020 until December 1, 2023, June 30, 2020 until December 31, 2024, the maximum contract amount will be One Hundred Eighty Thousand Dollars ($180,000) Six Hundred Fifty Thousand Dollars ($650,000).

Section 2. Section 3.4, entitled “Term,” is amended as follows, with strikethrough text indicating deleted text and underline text indicating added text:
“3.4 Term.

Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect from the date it is entered into, as set forth above, until December 131, 20232024.”
Section 3. That portion of Exhibit “C-1” entitled “Block Retainer Service and Support” is hereby replaced with the following:

5.D.3
Attachment: Diamond Technologies Third Amend to Contract Services Agmt_092623 (Diamond IT - Third Amendment to Contract Services

Page 3 of 5 ends

01159.0007/674436.2
Section 7. Full Force and Effect. Except as expressly provided in this Third Amendment, all other terms and conditions of the Agreement, as amended by the First Amendment and Second Amendment, shall remain in full force and effect. [SIGNATURES ON NEXT PAGE]

5.D.3
Attachment: Diamond Technologies Third Amend to Contract Services Agmt_092623 (Diamond IT - Third Amendment to Contract Services

Page 4 of 5 ends

01159.0007/674436.2
IN WITNESS WHEREOF, the parties hereto executed this Second Amendment to be effective as of the Effective Date first written above.

CITY OF ARVIN
a municipal corporation
OLIVIA TRUJILLO, Mayor
ATTEST:

CECILIA VELA, City Clerk
CONSULTANT:

DIAMOND TECHNOLOGIES, INC.,
Name:

Title:

Name:

APPROVED AS TO FORM:

HODGES LAW GROUP
________________________________
NATHAN HODGES, City Attorney
Title:

Address: _______________________
_______________________
Note: Consultant’s signatures shall be notarized, and
appropriate attestations shall be included as may be
required by the bylaws, articles of incorporation, or
other rules or regulations applicable to developer’s
business entity.

Attachments:

Exhibit A: Second Amendment to Contract Services Agreement (Agreement No. 2022-27).

5.D.3
Attachment: Diamond Technologies Third Amend to Contract Services Agmt_092623 (Diamond IT - Third Amendment to Contract Services

Page 5 of 5 ends

01159.0007/674436.2

EXHIBIT A
Second Amendment to Contract Services Agreement (Agreement No. 2022-27) (Approximately 32 total pages)

5.D.3
Attachment: Diamond Technologies Third Amend to Contract Services Agmt_092623 (Diamond IT - Third Amendment to Contract Services

Page 1 of 6 ends

01159.0007/674436.2
AGREEMENT NO. 2022-27

SECOND AMENDMENT TO CONTRACT SERVICES AGREEMENT BY AND

BETWEEN THE CITY OF ARVIN, A MUNICIPAL CORPORATION AND DIAMOND TECHNOLOGIES, INC., FOR COMPUTER SYSTEM AND INFORMATION

TECHNOLOGY INSTALLATION, REPAIR, AND MAINTENANCE
This Second Amendment to Contract Services Agreement by and between the City of Arvin, a Municipal Corporation and Diamond Technologies, Inc., for Computer System and Information Technology Installation, Repair, and Maintenance (“Second Amendment”) is effective as of the 1st day of December, 2021.

R E C I T A L S
WHEREAS, the City of Arvin (“City”) and Diamond Technologies, Inc., (“Consultant” or “Contractor”) entered into that certain Contract Services Agreement (Agreement No. 2015-18) dated on or about July 29, 2015 (“Agreement”) whereby Consultant agreed to provide Computer System and Information Technology Installation, Repair, and Maintenance; and WHEREAS, the term of the Agreement was until June 30, 2018, with the City given the option to extend the Agreement by two additional one year periods; and WHEREAS, the City exercised both these options to extend, extending the Term until June 30, 2020; and
WHEREAS, the First Amendment was retroactive to June 30, 2020, extending the term to December 1, 2021: and
WHEREAS, City and Consultant now desire to amend the Agreement, in order to extend the term of the agreement, in addition to other changes described below; and WHEREAS, it is the intent of both parties that this Second Amendment is to be retroactive to December 1, 2021.

Section 1. Section 2.1, entitled “Contract Sum,” is amended as follows, with strikethrough text indicating deleted text and underline text indicating added text:
“2.1 Contract Sum.

For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference, but not exceeding the annual maximum contract amount of Sixty Thousand Dollars ($60,000) (“Contract Sum”). Notwithstanding, for the period from June 30, 2020 until December 1, 2021

5.D.4
Attachment: 2022-27 Diamond Technologies Second Amend to Contract Services Agmt_102522 (Diamond IT - Third Amendment to Contract

Page 2 of 6 ends

01159.0007/674436.2
2023, the maximum contract amount will be One Hundred Eighty Thousand Dollars ($180,000). until such time as the agreement is amended to increase the maximum contract amount for the particular year.

Section 2. Section 3.4, entitled “Term,” is amended as follows, with strikethrough text indicating deleted text and underline text indicating added text:
“3.4 Term.

Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect from the date it is entered into, as set forth above, until December 1, 2021 2023 June 30, 2018. In its sole discretion the City may authorize up to two 1-year extensions of the term of this agreement by providing Contactor with written notice of the extension prior to the expiration of the then current term.”
Section 3. Section 6.5, entitled “Confidentiality and Release of Information,” is hereby amended as follows, with strikethrough text indicating deleted text and underline text indicating added text:
“6.3 Confidentiality and Release of Information.
(a) All information gained or work product produced by the Parties Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to the Consultant party receiving the information (“Receiving Party”). Consultant The Receiving Party shall not release or disclose any such information or work product to persons or entities other than the City without prior written authorization from the other Party Contract Officer.
(b) Consultant shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives the City notice of such court order or subpoena.
(c) If Consultant provides any information or work product in violation of this Agreement, then the City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct. (d) Consultant shall promptly notify the City should Consultant be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under. The City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding.

5.D.4
Attachment: 2022-27 Diamond Technologies Second Amend to Contract Services Agmt_102522 (Diamond IT - Third Amendment to Contract

Page 3 of 6 ends

01159.0007/674436.2
Consultant agrees to cooperate fully with the City and to provide the City with the opportunity to review any response to discovery requests provided by Consultant.” Section 4. Section 6.5, entitled “Non-Solicitation,” is hereby added to the Agreement as follows:
“6.5 Non-Solicitation.
“City acknowledges that Consultant has invested significant time, effort, and money to recruit and develop the skilled technicians and consultants assigned to the Services for City and that this is a costly and time-consuming endeavor. If, at any time during or within two (2) years following the expiration of the Term, City directly or indirectly employs any employee of Consultant, City shall pay Consultant the sum of fifty thousand dollars ($50,000) per employee, which sum reflects the reasonable value of Consultant’s investment in said employee(s).” Section 5. Section 7.3, entitled “Legal Action,” is hereby amended as follows, with strikethrough text indicating deleted text and underline text indicating added text:
“7.3 Legal Action.

In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Prior to taking any legal action, each party should attempt to engage in alternative dispute resolution options, such as mediation.

Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. Notwithstanding any contrary provision herein, Consultant must file a statutory claim pursuant to Government Code Sections 905 et. seq. and 910 et. seq., in order to pursue any legal action under this Agreement.”
///

5.D.4
Attachment: 2022-27 Diamond Technologies Second Amend to Contract Services Agmt_102522 (Diamond IT - Third Amendment to Contract

Page 4 of 6 ends

01159.0007/674436.2
Section 6. That portion of Exhibit “C-1” entitled “Block Retainer Service and Support” is hereby replaced with the following:

Section 7. Full Force and Effect. Except as expressly provided in this Second Amendment, all other terms and conditions of the Agreement, as amended by the First Amendment, shall remain in full force and effect.
[SIGNATURES ON NEXT PAGE]

5.D.4
Attachment: 2022-27 Diamond Technologies Second Amend to Contract Services Agmt_102522 (Diamond IT - Third Amendment to Contract

5.D.4
Attachment: 2022-27 Diamond Technologies Second Amend to Contract Services Agmt_102522 (Diamond IT - Third Amendment to Contract Page
6 of 6
01159.0007/674436.2
Exhibit A: Contract Services Agreement (Agreement No. 2020-34) (Approximately 25 total pages)

5.D.4
Attachment: 2022-27 Diamond Technologies Second Amend to Contract Services Agmt_102522 (Diamond IT - Third Amendment to Contract

Arvin City CouncilSeptember 26, 2023

Arvin City Council
September 26, 2023