Agenda — Arvin City Council, August 27, 2024 (part 2 of 2)

TRANSPORTATION MANAGER EMPLOYMENT AGREEMENT

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

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

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

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

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

8. MISCELLANEOUS

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

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

4.F.2
Attachment: Transportation Manager EA [Revision 2] (Approval of Transportation Manager Job Description and Employment Agreement)

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TRANSPORTATION MANAGER EMPLOYMENT AGREEMENT
The Parties agree that the exclusive jurisdiction for any legal proceeding arising out of or relating to this Agreement shall be the Kern County Superior Court and all Parties hereby waive any challenge to personal jurisdiction or venue in that court.

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

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

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

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

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

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

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

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

4.F.2
Attachment: Transportation Manager EA [Revision 2] (Approval of Transportation Manager Job Description and Employment Agreement)

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

Dated: “Employee”
By:

HESHAM ELSHAZLY
Dated: City of Arvin
By:

Name:

Title: MAYOR
APPROVED AS TO FORM:

For City:

By:

Name:

Title: CITY ATTORNEY
For Employee (if represented):

By:

Name:

Title:

4.F.2
Attachment: Transportation Manager EA [Revision 2] (Approval of Transportation Manager Job Description and Employment Agreement)

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TRANSPORTATION MANAGER EMPLOYMENT AGREEMENT
EXHIBIT “1”

EMPLOYMENT AGREEMENT

4.F.2
Attachment: Transportation Manager EA [Revision 2] (Approval of Transportation Manager Job Description and Employment Agreement) 1 of 3
(F) = Frequent (O) = Occasional (S) = Seldom
Transportation Manager
City of Arvin
Essential Function Job Description
I. Position Title: Transportation Manager
II. Employment Classification: Exempt
III. Department: Transportation
IV. Responsible to: City Manager
V. Fundamental Objective: Supervises the daily operation of the transit department and drivers, including planning, organizing, directing, coordinating, and reviewing the activities and operations of the department.

VI. Level of Supervision Required: General
VII. Supervisory Responsibilities: Bus Drivers
VIII. Essential Job Duties and Responsibilities:

A. Supervise daily operation of transit department and drivers.

1. Coordinate daily driver schedules.

2. Maintain daily passenger logs and pre-trip inspections.

3. Count fare boxes and make weekly bank deposits.

4. Maintain effective communication between the public and the transportation department.

5. Perform dispatch duties.

6. Ensure in-service hours are met.

7. Provide general safety training to all city employees

8. Acts as safety officer for the city
B. Coordinate and maintain records for driver training.

C. Maintain operational and maintenance records.

D. Schedule maintenance of all transit equipment and vehicles.

E. Prepare Kern COG quarterly report.

F. Prepare quarterly reports for the City Council.

G. Schedule annual CHP inspection, meet with Officer in charge.

H. Communicate with Transportation Department of Fresno.

I. Apply for Federal Communications license for radios.

J. Submit compliance reports to the Air Resource Board.

K. Oversee drug testing for employees and drug testing program for Transit Department.

L. Submit drug testing reports to the California Department of Transportation.

I. Prepares performance reports to the City Manager and City Council

4.F.3
Attachment: Transportation Manager - Current Job Description March 10, 2009 (Approval of Transportation Manager Job Description and 2 of 3
(F) = Frequent (O) = Occasional (S) = Seldom
J. Driving duties:

1. Serves as back-up driver to transport passengers on modified local fixed routes, dial-a-ride, and Lamont.

IX. Marginal Job Duties and Responsibilities:

X. Assists City Manager in such areas as risk management, safety training programs, capital project management, and budgeting.

XI. Minimum Qualifications:

A. Two years college level course work.

B. Two years public sector administrative or management experience.

C. Five years transit related experience.

D. Knowledge of principles and practices related to transit operations.

E. First hand experience in transit operations, including associated data collection, analysis, and reporting.

F. Ability to organize and coordinate bus routes, supervise personnel and communicate effectively with drivers and the general public.

G. Requisite reading, mathematical, written language and verbal skills in order to perform the essential functions of the job as listed in Section VIII.

H. Possess a valid Class B California drivers' license with passenger endorsement and driving record acceptable to the City’s insurance underwriter.

I. Possess a current DMV medical certificate.

J. Possess a current General Public Para-transit Certificate.

XI. Essential Position Requirements:

A. Operate a transit department vehicle.

XII. Marginal Position Requirements - None
XIII. Essential Physical Requirements:

A. Body Position and Movement

1. Sit to drive automobiles and buses, while training vehicle operators, and while performing clerical duties. (F)

2. Stand to communicate with customers and drivers, and while training subordinates. (F)

3. Walk to various office areas, while training drivers, etc. (F)

4. Crouch/stoop/squat to reach fare boxes, seats, and seatbelts. (O)

5. Twist upper body while adjusting mirrors, destination signs and windows and roof hatches on buses. (O)
B. Object Manipulation - None
C. Simultaneous Object Manipulation

1. Operate a telephone while taking messages. (O)

2. Train vehicle operators while driving vehicle. (F)

4.F.3
Attachment: Transportation Manager - Current Job Description March 10, 2009 (Approval of Transportation Manager Job Description and 3 of 3
(F) = Frequent (O) = Occasional (S) = Seldom

3. Drive automobiles. (F)

4. Drive buses. (F)
D. Environmental Demands

1. Work outdoors to communicate with customers and vehicle operators, to check bus routes and time point locations. (O)

2. Work indoors to perform clerical duties, schedule vehicle operators. (F)

3. Exposure to fumes/odors when working near automobiles and buses. Risk involves exposure to gasoline fumes resulting in possible respiratory discomfort.

XIV. Marginal Physical Requirements
A. Object Manipulation - None
B. Simultaneous Object Manipulation – None
C. Environmental Demands - None

4.F.3
Attachment: Transportation Manager - Current Job Description March 10, 2009 (Approval of Transportation Manager Job Description and City of Arvin

TRANSPORTATION MANAGER
DEPARTMENT: FINANCE
FLSA STATUS: EXEMPT
UNIT: UNREPRESENTED, MID-MANAGEMENT
GRADE:

JOB SUMMARY
Under general direction, manages, coordinates, and directs staff and activities involved in providing quality transportation services and programming to the citizens of Arvin. Implements programs, maximizes existing resources, and secures additional resources as required.

Communicates orally and in writing to Citizens, Council, and Departments; serves as Safety Officer of the division.

DISTINGUISHING CHARACTERISTICS
The Transportation Manager is a single position with full management responsibility. The incumbent provides direct supervision to employees within the division and assumes substantive and significant programmatic responsibility in the Transportation division. The incumbent exercises discretion and good judgment, communicates with tact and diplomacy, and utilizes leadership skills.

SUPERVISION RECEIVED AND EXERCISED
Receives supervision from the Finance Director. Exercises direct supervision over assigned subordinate staff.

EXAMPLE OF ESSENTIAL FUNCTIONS (Illustrative only)
• Recommends and implements the City’s Transportation division goals and objectives; establishes performance standards and methods for the development and implementation of the City Transit program and related activities; develops and implements policies and procedures.
• Plans, develops and oversees the work of staff involved in the performance of duties related to the City’s Transportation division; ensures in-service hours are met. • Evaluates operations and activities of the City’s Transportation division program; implements improvements and modifications; prepares various reports on operations and activities.
• Participates in budget preparation and administration; prepares cost estimates for budget recommendations; submits justifications for staff, supplies and equipment. • Participates in the selection, motivation, and evaluation of personnel; provides or coordinates training; recommends discipline procedures. • Develops short and long range objectives that are in concert with operational objectives and regulatory requirements.

4.F.4
Attachment: Transportation Manager - Updated Job Description Aug 27, 2024 (Approval of Transportation Manager Job Description and Transportation Manager

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• Coordinates and maintains records related to drivers’ training and the operation and maintenance of vehicles.
• Research and prepare technical and administrative reports and studies for the City Council, other boards, and outside agencies; submits compliance reports to the Air Resource Board; applies for Federal Communications license for radios.
• Schedules annual CHP inspections; meets with Officer in charge. • Oversees drug testing for employees and drug testing program for Transit Department; submits drug testing reports to the California Department of Transportation. • Creates and conducts general safety training to all city employees; acts as Safety officer • May performs the functions of a Transit Driver or Transit Administrative Dispatcher, as required.
• Regular and timely attendance.
• Performs other duties as required.

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

Education:

Equivalent to a four (4) year degree from an accredited college or university with major course work in transportation management, public or business administration, or a related field.

Experience:

Three (3) years of direct experience in transit operations, including driving, associated data collection, analysis, and reporting, two (2) of which must have been at the supervisory or management level.

Licenses and Certificates:

Valid California driver’s license and a satisfactory driving record.

Knowledge of:
• Principles and practices of transit planning and management, including route design, bus purchasing, insurance, maintenance, fare structure and staffing requirements. • Trip reduction methodology and transportation system management techniques. • Principles and practice of marketing, community outreach and public information. • Principles and practices of public administration, management, and organizational theories. • Principles and practices of leadership, motivation, team building and conflict resolution. • Principles and practices of research analysis and management. • Budgeting procedures and techniques.
• Principles and practices of work safety.
• Pertinent federal, state and local laws, codes, and regulations. • Principles and practices of effective employee supervision including selection, training, evaluation, and discipline, team building and employee empowerment programs.

4.F.4
Attachment: Transportation Manager - Updated Job Description Aug 27, 2024 (Approval of Transportation Manager Job Description and Transportation Manager

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• Office procedures, methods, and equipment including computers, all Microsoft Office applications, and other relevant software applications. • Basic principles of business letter writing and basic report preparation. • Techniques and principles of effective interpersonal communication. • English usage including grammar, spelling, vocabulary, and punctuation. • Techniques for providing a high level of customer service to the public and City staff, in person and over the telephone.

Ability to:
• Ability to organize and coordinate bus routes, supervise personnel, and communicate effectively with drivers and the general public.
• Organize, implement, and direct a variety of transit activities. • Understand all aspects of the job.
• Supervise, organize, schedule, and review the work of lower level staff. • Train and evaluate assigned staff.
• Analyze situations correctly and adopt quick, effective, and reasonable courses of action based on surrounding circumstances.
• Interpret and apply federal, state, and local policies, procedures, laws, and regulations. • Make sound decisions, use good judgment, and think clearly and effectively in all situations. • Understand and act in accordance with City and department policies, procedures, and rules. • Interpret and apply policies, procedures, and rules to assigned personnel. • Prepare clear, concise, and complete reports, presentations, correspondence and other related documents.
• Communicate clearly and effectively, both orally and in writing. • Understand and comply with oral and written instructions. • Provide high quality customer service.
• Establish and maintain effective working relationships with those contacted in the course of work.

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

Work is performed primarily in the office in an air-conditioned office environment with natural and fluorescent lighting and moderate noise level and occasionally in the field in all weather conditions, exposed to fumes, odors, and loud noise levels. Employees may interact with upset members of the public and private representatives and contractors in interpreting and enforcing departmental policies and procedures. May be required to work a varied schedule which could include off-hours, weekends, and on-call. Must possess mobility to work in the field and in a standard office setting and use standard office equipment, including a computer, to operate a motor vehicle and drive on surface streets. Must possess vision to read printed materials and a computer screen, and hearing and speech to communicate in person and over

4.F.4
Attachment: Transportation Manager - Updated Job Description Aug 27, 2024 (Approval of Transportation Manager Job Description and Transportation Manager

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the telephone or radio. The employee must regularly lift and/or move up to 10 pounds and occasionally lift and/or move up to 40 pounds.

HISTORY
Approved by:

Date:

4.F.4
Attachment: Transportation Manager - Updated Job Description Aug 27, 2024 (Approval of Transportation Manager Job Description and

CITY OF ARVIN
Staff Report
Meeting Date: August 27, 2024
TO: Arvin City Council
FROM: Megan Miller, Human & Community Resources Manager Jeff Jones, City Manager
SUBJECT: Approval of the Grants Manager Employment Agreement BACKGROUND:

The City of Arvin relies heavily on grant funding to move otherwise financially infeasible projects forward for the city.

Since the position's inception, the Grant Writer turned Grant Manager incumbent has secured funding for projects ranging from parks and electric buses to a City microgrid, EV charging stations, street improvements, and so much more. The Grant Manager has applied for approximately 104 grants, with 91 being awarded to date, resulting in over $44,000,000 in funding benefiting the City of Arvin.

In the last year, the Grants Manager has collaborated with community groups, institutes of higher education, residents, and youth to conduct outreach, establish a community vision, and form a powerful collaborative group. The goal is to advance community-driven projects and build the capacity and unity needed to apply to significantly larger grants that can transform the Arvin community.

This contract will serve as a new term after successfully completing the previous two-year contract, which concludes on September 19, 2024.

STAFF RECOMMENDATION:

The recommendation is to approve the Grants Manager employment agreement. The term of the agreement is for two (2) years.

FINANCIAL IMPACT:

Annual salary of $110,000.00 with an option of a 5% merit increase of $5,500.00 for the second year of the contract. Please note this position has an annual salary that is somewhat costrecoverable with grant funding and, in turn, has a minimal impact on the city’s total personnel budget.

ATTACHMENTS:

Grants Manager Employment Agreement
Grant Manager Job Description

4.G.1
Attachment: grant mgr staff report (Approval of the Grants Manager Employment Agreement)

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GRANTS MANAGER EMPLOYMENT AGREEMENT
AGREEMENT NO. 2024-__

GRANTS MANAGER EMPLOYMENT AGREEMENT
This Employment Agreement (“Agreement”) is made and entered into and effective on the 27th day of August 2024, by and between the City of Arvin (“City”), a California municipal corporation, and Christine Viterelli (“Employee”). City and Employee are sometimes referred to in this Agreement individually as “Party” and collectively as “Parties.”

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

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

AGREEMENT

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

2. HIRE. City acknowledges that it is appointing and/or hiring Employee as Grants Manager effective August 27, 2024 (“Effective Date”) pursuant to the terms and conditions of this Agreement. Employee shall remain in the exclusive hire of City during the term of this Agreement and shall neither accept other employment nor become employed by any other employer until the end of the Term or earlier termination of this Agreement.

3. “AT-WILL” EMPLOYMENT. Employee acknowledges he is employed at the pleasure of the City Manager and is thus an at-will employee. The terms of the City’s personnel rules, policies, procedures, ordinances, or resolutions (collectively “Personnel Policies”) shall not apply to Employee unless made expressly applicable to Employee. Nothing in this Agreement is intended to, or does, confer upon Employee any right to any property interest in continued employment, or any due process property right to a hearing before or after a decision by the City Manager to terminate his employment, including any so-called

4.G.2
Attachment: Grants Mgr Employment Agreement 08.27.24 (Approval of the Grants Manager Employment Agreement)

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GRANTS MANAGER EMPLOYMENT AGREEMENT
due process pre-disciplinary “Skelly” meeting, except that the City must terminate Employee in the manner set forth in Section 7 below. Nothing contained in this Agreement shall in any way prevent, limit, or otherwise interfere with the right of the City to terminate the services of Employee as provided in Section 7 of this Agreement. Nothing in this Agreement shall prevent, limit, or otherwise interfere with the right of Employee to resign at any time from this position with City, subject only to the provisions set forth in Section 7 of this Agreement.

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

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

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

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

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

A. Salary. Commencing on the Effective Date, Employee’ annual salary shall be $110,000.00 annual salary which shall be paid according to the payroll schedule in place for City Employees. Employee shall be eligible for a merit-based pay increase up to 5% of her annual salary after successfully completing 1 year of service following performance evaluation. Such a merit-based salary increase shall be awarded at the discretion of the City Manager.

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

The position of Grants Manager is exempt under the Fair Labor Standards Act and, therefore, no overtime pay will be paid to Employee based on hours worked.

B. Paid Time Off (“PTO”). Employee shall accrue 4.62 hours of vacation leave per pay period during the term of this Agreement, resulting in 120 hours per year. Employee shall be entitled to accrue vacation leave up to three (3) times the total annual accrual level, not to exceed three hundred sixty hours (40) days accrued vacation. Should

4.G.2
Attachment: Grants Mgr Employment Agreement 08.27.24 (Approval of the Grants Manager Employment Agreement)

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GRANTS MANAGER EMPLOYMENT AGREEMENT
Employee reach the accrual limit, accrual will cease until such time as the Employee's accrued number of hours falls below the limit; Employee shall have the option to request vacation pay cash out to stay below the limit; but must maintain a minimum of 80 hours left in bank after cash out request.

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

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

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

F. Term Life Insurance. The City shall pay the premiums for a term life insurance policy in the amount of $150,000. Employee shall name the beneficiary of the life insurance policy, provided said beneficiary has and maintains an insurable interest of the employee.

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

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

H. Public Employees’ Retirement System (Pers) And Social Security. EMPLOYEE shall be provided California Public Employees’ Retirement System (“CalPERS”) benefits. CalPERS 2% at 55, Employee is responsible for the 6.75% employee contribution, and the City is responsible for 7.47% contribution per pay period. City and Employee shall each pay one-half of the payments due to Social Security and Medicare during the term of this Agreement.

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

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

4.G.2
Attachment: Grants Mgr Employment Agreement 08.27.24 (Approval of the Grants Manager Employment Agreement)

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GRANTS MANAGER EMPLOYMENT AGREEMENT

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

A. Termination by CITY for Cause. The City Manager may terminate this Agreement for cause at any time by providing Employee with written notice of the termination for cause and the facts and grounds constituting such cause. The term “cause” shall be defined to include any misconduct materially related to performance of official duties, including but not be limited to any of the following:
i. Theft, or attempted theft, financial mismanagement, material dishonesty, willful or persistent breach of duties, engaging in conduct tending to bring embarrassment or disrepute to the City, unauthorized or excessive absences. ii. A formal investigation commissioned by the City Council and conducted by a third-party investigator hired by the City Council in which the City Council has determined that the Employee has engaged in unlawful discrimination or harassment of Employees or any third party while on City Premises or on City time. City is not required to wait until Employee has exhausted any appeal rights prior to terminating this Agreement “for cause.” iii. Conviction of any felony, or for any misdemeanor involving moral turpitude, corruption, or dishonesty. “Conviction” shall include any guilty plea, plea of nolo contendre, or any other disposition other than a dismissal of charges or acquittal. City is not required to wait until Employee has exhausted any appeal rights prior to terminating this Agreement “for cause.” iv. Employee’ death.
v. Employee’ permanent disability if such disability precludes Employee from performing her essential job duties for more than three (3) cumulative months after attempts at a reasonable accommodation pursuant to the Americans with Disabilities Act and/or California’s Fair Employment & Housing Act have been made.
vi. Breach of this Agreement;
vii. Willful or persistent material breach of duties;
viii. Résumé fraud or other acts of material dishonesty; ix. Unauthorized absence or leave

4.G.2
Attachment: Grants Mgr Employment Agreement 08.27.24 (Approval of the Grants Manager Employment Agreement)

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GRANTS MANAGER EMPLOYMENT AGREEMENT
x. Violation of the City’s anti-harassment policies and/or a finding that legally prohibited personal acts of harassment against a City official or employee or legally prohibited personal acts of discrimination against a City official or employee has occurred,
xi. Violation of the City’s Municipal Code, Ordinances, Rules, and Regulations, including but not limited to the City’s Personnel Rules xii. Use or possession of illegal drugs,
xiii. “Abuse of office or position” as defined in Government Code §53243.4 (i.e., waste, fraud, and violation of the law under color of authority and crimes against public justice, including crimes involving bribery and corruption).

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

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

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

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

Within thirty (30) days of completing the hearing, the independent hearing officer shall issue an advisory decision in writing to the City Council determining whether Employee

4.G.2
Attachment: Grants Mgr Employment Agreement 08.27.24 (Approval of the Grants Manager Employment Agreement)

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GRANTS MANAGER EMPLOYMENT AGREEMENT
was properly terminated under the terms of this Agreement. Following City Council’s review and consideration of the advisory decision, Employee shall be notified in writing as to whether the advisory decision will be upheld, modified, or rescinded.

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

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

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

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

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

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

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

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and/or confidential under applicable law, including but not limited to personnel information, information pertaining to on-going or potential litigation, information learned in the context of the attorney-client relationship with the City Attorney or special counsel to the City.

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

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

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

G. Severance. In the event that Employee is terminated “Without Cause,” she shall be entitled to severance pay as follows:
o An amount equal to Six (6) pay periods.
o Continued Health Insurance benefit coverage for Six (6) pay periods.

The severance pay will be in addition to pay accrued, but not remitted, prior to the notice of termination, and any accrued PTO. The severance rights provided in this Paragraph 7(G) shall constitute the sole and only entitlement of Employee with respect to severance pay in the event of the termination other than for cause or by expiration of this Agreement. Employee expressly waives any and all other rights with respect to severance pay except as provided herein, including any and all rights he may have to a separation payment pursuant to any joint powers insurance authority memorandum of liability coverage then in effect. Any and all severance rights are conditioned upon and in consideration for execution of the Standard “Agreement of Separation, Severance, and General Release” attached hereto in form only as Exhibit “B.”

8. INDEMNIFICATION. City shall defend, save harmless and indemnify Employee from any and all demands, claims, suits, actions, or other legal proceedings (“Claims”) brought against him in her individual capacity or in her official capacity as Grants Manager, provided the Claims arise while Employee is acting within the scope of her employment and provided, she did not act or fail to act because of actual fraud, corruption or malice.

The provision shall not extend to claims brought by City itself or where indemnity is otherwise prohibited by law.

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

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

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

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

City Employee
Mayor, City of Arvin Christine Viterelli
200 Campus Drive 200 Campus Drive
Arvin, California 93203 Arvin, California 93203
Either party may change her or its address by providing written notice to the other party in the manner described herein.

11. GENERAL PROVISIONS.

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

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

C. Severability. If any provision contained in this Agreement is held invalid or unenforceable by a court of competent jurisdiction, the remainder of this Agreement

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shall be deemed severable and shall not be affected thereby and same shall remain in full force and effect.

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

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

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

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

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

I. Counterparts. This Agreement may be executed in counterparts and the respective signature pages for each party may thereafter be attached to the body of this Agreement to constitute one integrated Agreement which is as fully effective and binding as if the entire document had been signed at one time.

J. Acknowledgement of Statutes That May Affect Employment Relationship. City and Employee acknowledge that, in addition to the statutes previously referenced in this Agreement, the following statutes shall govern this employment relationship under the circumstances described in the statutes:
a. Government Code section 53243 states that on or after January 1, 2012, any contract executed or renewed between a local agency, such as the City, and an officer or Employee of a local agency, such as Employee, that provides paid leave salary offered by the local agency to the officer or Employee pending an investigation shall require that any salary provided for that purpose be fully reimbursed if the officer or Employee is convicted of a crime involving an abuse of his or her office or position.
b. Government Code section 53243.1 states that on or after January 1, 2012, any contract executed or renewed between a local agency, such as the City, and an officer or Employee of a local agency, such as Employee that provides funds for

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the legal criminal defense of an officer or Employee shall require that any funds provided for that purpose be fully reimbursed to the local agency if the officer or Employee is convicted of a crime involving an abuse of his or her office or position. c. Government Code section 53243.3 states that on or after January 1, 2012, if a local agency, such as the City, provides, in the absence of a contractual obligation, for any of the payments described in the corresponding article of the Government Code, then the Employee or officer, such as Employee, receiving any payments provided for those purposes shall fully reimburse the local agency that provided those payments in the event that the Employee or officer is convicted of a crime involving the abuse of his or her office or position.
d. Government Code sections 87100 et seq., section 1090 and section 1126, and all other similar statutory and administrative rules, prohibit conflicts of interest.

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

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

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

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

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

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

M. Binding Effect. The rights and obligations of this Agreement shall inure to the benefit of,

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

N. Non-Interest. With the exception of Employee, no officer or employee of the City shall hold any interest in this Agreement (California Government Code section 1090). [Signature Page Follows]
IN WITNESS WHEREOF, City has caused this Agreement to be signed and executed on its behalf by its City Manager and duly attested to by its City Clerk, and Employee has signed and executed this Agreement, as of the date written below.

Dated: CITY OF ARVIN
By:

JEFF JONES, CITY MANAGER

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Dated: EMPLOYEE
By:

CHRISTINE VITERELLI
ATTEST:

By:

CECILIA VELA
APPROVED AS TO FORM:

By:

NATHAN M. HODGES, ESQ.

CITY ATTORNEY
Attachments:

Exhibit “A”: Grants Manager Job Description
Exhibit “B”: Severance Agreement
Exhibit “A”

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Grants Manager Job Description
Exhibit “B”

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Agreement Of Separation, Severance, And
General Release

AGREEMENT OF SEPARATION, SEVERANCE, AND GENERAL RELEASE

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

2. RECITALS

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

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

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

3. CONSIDERATION

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

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

3.3 In exchange for the severance payment provided for herein, Employee, and on behalf of Employee’s Spouse, heirs, representatives, successors, and assigns, hereby releases, acquits, and forever discharges the City, and each of its predecessors, successors, assigns,

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

Furthermore, nothing herein shall be interpreted as a release or waiver of the City’s statutory obligations relative to providing defense and indemnification of public Employees, if any, including but not limited to Government Code Sections 825-825.6 and Sections 995-996.6.

4. SPECIFIC ACKNOWLEDGMENT OF WAIVER OF CLAIMS UNDER ADEA AND OWBPA
The Age Discrimination in Employment Act of 1967 (hereinafter referred to as the “ADEA”') makes it illegal for an employer to discharge any individual or otherwise discriminate with respect to the nature and privileges of an individual’s employment on the basis that the individual is age forty (40) or older. The Older Workers Benefit Protection Act (hereinafter referred to as the “OWBPA,” 29 U.S.C. § 626, et. seq., Pub L 101-433, 104 Stat. 978 (1990)) further augments the ADEA and prohibits the waiver of any right or claim under the ADEA, unless

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the waiver is knowing and voluntary. By entering into this Agreement, Employee acknowledges that Employee knowingly and voluntarily, for just compensation in addition to anything of value to which Employee was already entitled, waives, and releases any rights he may have under the ADEA and/or OWBPA. Employee further acknowledges that Employee has been advised and understands, pursuant to the provisions of the ADEA and OWBPA, that:
a) This waiver/release is written in a manner understood by Employee; b) Employee is aware of, and/or has been advised of, Employee’s rights under the ADEA and OWBPA, and of the legal significance of Employee’s waiver of any possible claims Employee currently may have under the ADEA, OWBPA and/or similar age discrimination laws;
c) Employee is entitled to a reasonable time of at least twenty-one (21) days within which to review and consider this Agreement and the waiver and release of any rights Employee may have under the ADEA, the OWBPA and similar age discrimination laws; but may, in the exercise of Employee's own discretion, sign or reject this Agreement at any time before the expiration of the twenty-one (21) days;
d) The waivers and releases set forth in this Agreement shall not apply to any rights or claims that may arise under the ADEA and/or OWBPA after the Effective Date of this Agreement;
e) Employee has been advised by this writing that Employee should consult with an attorney prior to executing this Agreement;
f) Employee has discussed this waiver and release with, and been advised with respect thereto by, Employee’s counsel of choice or at least had the opportunity to do so, and Employee represents by signing this Agreement that Employee does not need any additional time within which to review and consider this Agreement;
g) Employee has seven (7) days following Employee’s execution of this Agreement to revoke the Agreement;
h) Notice of revocation within the seven (7) day revocation period must be provided, in writing, to the City pursuant to Paragraph 8.9 herein, and must state, “I hereby revoke my acceptance of our Agreement of Severance and General Release;” and i) This Agreement shall not be effective until all parties have signed the Agreement and ten (10) days have passed since Employee's execution of same (“Effective Date”).

5. UNKNOWN CLAIMS
In relation to the release provisions of Paragraphs 3, and 4 above, Employee understands that California Civil Code section 1542 reads as follows:
“GENERAL RELEASE--CLAIMS EXTINGUISHED”

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“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS

WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT

TO EXIST IN HIS OR HER FAVOR AT THE TIME OF

EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM

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

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

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

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

7.2 No Fraud in Inducement: No party (nor any officer, agent, employee, representative, or attorney of or for any party) has made any statement or representation or failed to make any statement or representation to any other party regarding any fact relied upon in entering into this Agreement, and neither party relies upon any statement, representation, omission or promise of any other party in executing this Agreement, or in making the settlement provided for herein, except as expressly stated in this Agreement.

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

7.4 Mistake Waived: In entering into this Agreement, each party assumes the risk of any misrepresentation, concealment, or mistake. If any party should subsequently discover that any fact relied upon by it in entering into this Agreement was untrue, or that any fact was concealed from it, or that its understanding of the facts or of the law was incorrect, such party shall not be entitled to any relief in connection therewith, including without limitation on the generality of the foregoing any alleged right or claim to set aside or rescind this

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Agreement. This Agreement is intended to be, and is, final and binding between the parties, regardless of any claims of misrepresentation, promise made without the intent to perform, concealment of fact, mistake of fact or law, or any other circumstance whatsoever.

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

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

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

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

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

8. MISCELLANEOUS

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

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

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

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

Dated: “Employee”
By:

CHRISTINE VITERELLI
Dated: City of Arvin
By:

Name:

Title: MAYOR
APPROVED AS TO FORM:

For City:

By:

Name:

Title: CITY ATTORNEY
For Employee (if represented):

By:

Name:

Title:

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EXHIBIT “1”

EMPLOYMENT AGREEMENT

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Attachment: Grants Mgr Employment Agreement 08.27.24 (Approval of the Grants Manager Employment Agreement) City of Arvin

GRANTS MANAGER
DEPARTMENT: FINANCE DEPARTMENT
FLSA STATUS: EXEMPT
UNIT: UNREPRESENTED
GRADE:

JOB SUMMARY
Under general direction, coordinates and oversees the grant application and management process for the city including identification of potential new funding sources, development of funding resources for existing and proposed programs and/or services, writing grants, developing budgets, collaborating on grant applications with various departments and community organizations. The Grant Manager is responsible for processing, monitoring, and coordinating required report evaluations on existing grants; assists Finance Director with writing and preparing presentations and providing support to the City. The Grant Manager is responsible for the activities of the organization or foundation, both before and after the awards process. Establishes standards and deadlines for proposals, reviews proposals for completeness, and ensures compliance with organizational or foundation standards.

DISTINGUISHING CHARACTERISTICS
The Grant Manager is a single position classification responsible for coordinating and overseeing the grant application and management process for the city. The incumbent is expected to be fully competent to independently perform the full range of duties utilizing tact, discretion, initiative, and independent judgment. The incumbent receives only occasional instruction or direction as new, unusual, or unique situations arise.

SUPERVISION RECEIVED AND EXERCISED
Receives supervision from the Finance Director. Incumbents in this class manage grant funded staff members.

EXAMPLE OF ESSENTIAL FUNCTIONS (Illustrative only)
• Identifies the need, drafts, and submits grant applications; works under limited supervision following standardized practices and/or methods; leads, guides, and/or coordinates others; and monitors budget expenditures.
• Perform all activities to prepare and manage all grant proposals for various government agencies.
• Collaborates with a variety of parties (e.g. city personnel, community organizations, businesses, etc.) to secure funding to maintain and enhance services and/or programs.

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• Develops and submits highly effective grant applications and related documents (e.g. required reports, budgets, specific inquiries, etc.) to the appropriate funding agency. • Develops forms, processes, procedures, and policies to ensure the implementation of a consistent grant application methodology.
• Evaluates degree of match between listed grant priority areas and the needs of the City the purpose of matching needs with funding sources.
• Monitors and evaluates grant proposals and funding application requirements, content, delivery method and labeling, deadlines, eligibility for grant, etc. to ensure time and resources are utilized to maximize successful awarding of grant funds and ensures compliance. • Prepare and maintain records of database and prepare files for City Staff and prepare reports to maintain track of all grant activities, deadlines and associated terms in time constraints set forth.
• Maintain project records and prepare all modifications to resolve various application issues for grant funds.
• Perform all federal and state audits on all grant-related information on subgrantees and prepare all reports for all expenses.
• Presents concepts, status, and information to a variety of groups (e.g. funding requests, grant applications, identifying underfunded services, etc.) to gain the required administrative and board approvals, provide progress reports to administration and funding sources, and/or advise other staff of potential funding sources.
• Provides support to the City Manager and department directors through preparation of written materials and presentations to disseminate clear and effective communications and to ensure the City’s strategic goals are met.
• Prepares Staff reports and resolutions related to grants. • Administer all programs and prepare a schedule for site visits with help of various members and submit to management.
• Research grant opportunities (e.g., facility improvements, professional development, curriculum development, administrative needs, etc.) to develop additional funding resources for both current and proposed services, programs and administrative operations as well as serving as a clearinghouse for potential grant funding opportunities. • Develops relationships with community leaders to further their support of the grant opportunities via letters of support.
• Utilization of resources from other work units may be required to perform the job's functions. • Participates in and leads, if appropriate, meetings, workshops, and seminars to convey, share, and/or gather information required to performfunctions. • Assists with the financial management of grants (e.g. budget preparation, budget adjustments, expenditures, etc.) to ensure compliance with all program and funding guidelines of awarding organizations.
• Coordinates with other Grant Writers to obtain information about upcoming grants. • Ability to interpret federal, state, and local government laws and regulations regarding grant administration.
• Responsible for implementing the various grant projects. • Regular and timely attendance.

4.G.3
Attachment: Grant Manager JD (Approval of the Grants Manager Employment Agreement) Grant Manager

Page 3 of 4 ends

• Performs other duties as required.

Education:

Graduation from an accredited college or university with a Bachelor’s degree in Business or Public Administration, English or a related field.

Experience:

Three (3) years of progressively complex and responsible experience in the public or non-profit sector demonstrating proficient grant writing which has resulted in the awarding of grant funds, grant administration and management.

Licenses and Certifications:

Valid California driver’s license and satisfactory driving record.

Knowledge:
• Principles and practices of community organizations, and public, non-profit, and/or private agency funding sources.
• Grant writing techniques and strategies.
• Familiarity with research techniques for grant prospect research. • Pertinent local, State, and Federal laws, ordinances. and rules. • Principles and practices of financial record keeping, reporting and records management. • Office procedures, methods, and equipment including computers, all Microsoft Office applications, and other relevant software applications. • English usage including grammar, spelling, vocabulary, and punctuation. • Techniques for providing a high level of customer service to the public and City staff, in person and over the telephone.

Ability to:
• Write clear, structured, articulate, and persuasive proposals to effectively apply for and receive grant awards.
• Review and interpret highly technical information, write technical materials, and/or speak persuasively to implement desired actions.
• Identify issues and create action plans, meeting deadlines and schedules. • Set priorities while performing work with minimal direct day-to- day supervision. • Organize and communicate information and concepts effectively. • Analyze situations to define issues and draw conclusions to perform single, technical tasks to meet changing job conditions.
• Plan and manage multiple projects and assignments effectively. • Prepare and maintain accurate records.

4.G.3
Attachment: Grant Manager JD (Approval of the Grants Manager Employment Agreement) Grant Manager

Page 4 of 4 ends

• Define organizational, operational, and management needs. • Collect appropriate data to support research aims, draw reasonable conclusions, and conceptualize solutions effectively.
• Work with and maintain confidentiality of information. • Work effectively with diverse groups and individuals. • Operate and use modern office equipment including computers and applicable software and databases.
• Respond effectively to difficult and sensitive public inquiries. • Work after hours, and evenings and weekends
• Provide high quality customer service.
• Communicate clearly and concisely, both orally and in writing. • Establish and maintain effective working relationships with those contacted in the course of work.

Work is performed primarily performed indoors in an air-conditioned office environment with natural and fluorescent lighting and moderate noise level. There may be some travel to different sites and incumbents may be required to work extended hours including evenings and weekends and may be required to travel outside City boundaries to attend meetings. Position requires prolonged sitting, standing, walking; and occasional kneeling, squatting, and stooping in the performance of daily activities. While performing the duties of this job, the employee is regularly exposed to video display terminals. The position also requires repetitive hand movement and fine coordination in data entry and preparing reports using a computer keyboard. Specific vision abilities required by this job include close vision, distance vision, color vision, peripheral vision, depth perception, and ability to adjust focus. Acute hearing is required when providing phone and personal service. The employee must regularly lift and/or move up to 10 pounds and occasionally lift and/or move up to 35 pounds.

HISTORY
Approved by: Arvin City Council
Date: June 14, 2022

4.G.3
Attachment: Grant Manager JD (Approval of the Grants Manager Employment Agreement)

CITY OF ARVIN
Staff Report
Meeting Date: August 27, 2024
TO: Arvin City Council
FROM: Megan Miller, Human Resources Manager
Jeff Jones, City Manager
SUBJECT: Adoption of The Mechanic I Position, Job Description and Corresponding Salary Schedule
BACKGROUND:

The City of Arvin has approximately 35 fleet vehicles spanning across four departments. The repairs to city vehicles range from traditional scheduled maintenance to costly repairs due to an aging fleet. The repair cost is averaging roughly $10,000.00 per month in fleet repair charges.

Utilizing a staff mechanic will afford the city more timely, efficient, and cost-effective service to the fleet.

STAFF RECOMMENDATION:

The recommendation to approve the Mechanic I position and corresponding salary schedule.

FINANCIAL IMPACT:

Figuring the mid-range all in rate, the city stands to save over $2,000.00 per month in fleet maintenance costs.

ATTACHMENTS:

Mechanic I Job Description
Salary Schedule

4.H.1
Attachment: mechanic I staff report (Adoption of The Mechanic I Position, Job Description and Corresponding Salary Schedule) City of Arvin
Mechanic I
DEPARTMENT: TRANSPORTATION DEPARTMENT
FLSA STATUS: NON-EXEMPT
UNIT: UNREPRESENTED
GRADE:

JOB SUMMARY
Under general supervision by Transit Manager, Mechanic I acts as the fleet mechanic to serve all City of Arvin vehicles. Mechanic I is to inspect, repair, maintain, and overhaul heavy and light trucks, automobiles, electrical vehicles, other gasoline, and electrically powered vehicles, motorized equipment, and small gasoline engines and similar equipment. Operate a wide variety of hand, power, and specialized electromechanical and electronic diagnostic equipment, and other miscellaneous equipment. Track all equipment maintenance and repairs for City of Arvin fleet. Ensure all City vehicle fleet and mechanical equipment are in safe mechanical condition.

DISTINGUISHING CHARACTERISTICS
This classification is the skilled journey-level class of the Equipment Mechanic series.

Incumbents perform the full range of mechanical maintenance and repair duties. This class is responsible for diagnosing the problem with the fleet vehicle, repair plan, part procurement and executing the repairs. This class is solely responsible for all regular maintenance functions.

Incumbents should be comfortable working independently and maintaining detailed records.

SUPERVISION RECEIVED AND EXERCISED
Supervision is received from the Transit Manager and/or city administrative personnel.

EXAMPLE OF ESSENTIAL FUNCTIONS (Illustrative only)
• Perform minor to medium repair on diesel engines. Maintain and repair gasoline powered automobiles, automotive equipment and integrated systems, construction equipment, and other light and heavy power-driven equipment.
• Inspect motorized and mechanical equipment, diagnose trouble, and determine the extent of necessary repairs. Overhaul, repair, and adjust various mechanical systems. Diagnose and repair hydraulic equipment and systems. Change or repair electrical systems and their related hydraulic and mechanical components. Perform preventive maintenance in the course of all repair and overhaul activities.
• Road tests automobiles, trucks, and other motor vehicles • Inspects vehicles in the shop and in the field.
• Diagnose and performs electrical, hydraulic, and other repair and maintenance work in the shop or in the field.
• Respond to road calls and other emergency situations to repair vehicles and equipment, as necessary.

4.H.2
Attachment: Mechanic I- draft (Adoption of The Mechanic I Position, Job Description and Corresponding Salary Schedule) Mechanic I

Page 2 of 4 ends

• Read and interpret manuals, drawings, schematics, diagrams, and specifications. • Estimate labor, materials, and equipment and order parts required to complete assignments. • Make independent judgment as to methods to be used in safely completing assignments on time and in the most cost-efficient manner. Determine parts to be used and prepare estimates of time and equipment. Determine whether equipment can be repaired or must be replaced.
• Record installation activities and cost of time and equipment expended. • Prepare work orders concerning work performed. Completes forms and prepares reports of maintenance and repair activities, as requested.
• Observe job safe practices and utilize safety equipment related to the work. Ensures safe operating condition of vehicles and equipment and pulls vehicles and equipment from service if judged unsafe to operate.
• Coordinate repair and maintenance activities with the appropriate supervisors and lead workers within the departments and divisions for whom maintenance or repair is being undertaken. Keep supervisor informed of issues, problems or difficulties arising during the course of work.
• Maintain close working relationships with various City department heads or their representatives. Keep up to-date through technical support literature, manuals, and training provided through his/her immediate supervisor. Performs other or related duties as assigned.
• Regular and timely attendance.
• Performs other duties as required.

Education:

High School diploma or GED Certificate
Experience:

Five (5) years of progressively complex and responsible experience in public transit department.

Licenses and Certificates:
• Valid California Class B driver's license and a clean driving record. • A General Public Paratransit Vehicle Inspection Certificate, • Biennial Inspection of Terminal Certificate, and an Air Brake Inspection and Adjustment Certificate are required.

Other Requirements:

Bilingual English/Spanish preferred

4.H.2
Attachment: Mechanic I- draft (Adoption of The Mechanic I Position, Job Description and Corresponding Salary Schedule) Mechanic I

Page 3 of 4 ends

Knowledge of:

Methods, techniques, parts, tools, materials used in maintaining and repairing a wide variety of motorized vehicles and equipment and their related systems and components, including simple and complex hydraulic systems, welding, and fabrication; Structural design relating to the repair, modification, installation, and fabrication needs of vehicles and equipment; Simple and complex automotive diagnostic equipment; Hand, power, and shop tools and electrical/electronic instruments (such as diagnostic scopes, gas analyzers, dynamometers, and multimeters) commonly used in the trade; Shop mathematics; computers and the Internet; Safe work practices, methods, and regulations pertaining to the repair of fleet vehicles and equipment
Skilled in:

Diagnosing and repairing a wide variety of diesel and gasoline –powered vehicles and equipment, including computer and electronic sensor systems. Reading and interpreting complex maintenance manuals and regulations. Conducting effective and timely maintenance on automotive and other mechanical systems. Compiling and preparing clear and concise reports; and organizing and maintaining accurate records and files documenting installations and repairs for job costing/recharge purposes. Organizing and prioritizing assigned work.

Establishing and maintaining effective working relationships with those contacted in the course of work. Communicating tactfully and effectively with the public and City employees. Using initiative and making sound and independent judgments within established parameters and guidelines. Respond effectively to oral as well as written instructions.

Ability to:

Estimate materials needed and estimate cost of materials and time of repair and installation activities. Read, interpret, and prepare detailed schematics, and specifications. Communicate clearly and concisely in oral and written English. Prepare clear and concise reports, correspondence, and other written materials. Follow oral and written instructions. Operate a computer and related Window-based applications programs.

Work is primarily performed outside. While performing the duties of this job, the incumbent must regularly hear, sit, reach with hands and arms, and use leg/foot to reach or handle controls. Physical effort, finger and manual dexterity are regularly needed to drive non-power steering vehicles and to operate door and dispense transfers. The incumbent must frequently talk, walk, and use hands to handle or feel objects or controls. Occasionally required to stoop, push or pull and climb stairs. Specific vision abilities required by this job include near and distance vision, color vision, night vision, peripheral vision, depth perception and the ability to adjust focus. The incumbent is regularly exposed to fumes, odors, and moderate noise. The

4.H.2
Attachment: Mechanic I- draft (Adoption of The Mechanic I Position, Job Description and Corresponding Salary Schedule) Mechanic I

Page 4 of 4 ends

employee must regularly lift and/or move up to 10 pounds and occasionally lift and/or move up to 50 pounds.

HISTORY
Approved by:

Date:

4.H.2
Attachment: Mechanic I- draft (Adoption of The Mechanic I Position, Job Description and Corresponding Salary Schedule)

A B C D E F G H
8 $ 19.08 $ 20.03 $ 21.04 $ 22.09 $ 23.19 $ 24.35 $ 25.57 $ 26.85 9 $ 20.06 $ 21.06 $ 22.12 $ 23.22 $ 24.38 $ 25.60 $ 26.88 $ 28.23 10 $ 21.06 $ 22.11 $ 23.22 $ 24.38 $ 25.60 $ 26.88 $ 28.22 $ 29.63 10 $ 21.06 $ 22.11 $ 23.22 $ 24.38 $ 25.60 $ 26.88 $ 28.22 $ 29.63 12 $ 23.45 $ 24.62 $ 25.85 $ 27.15 $ 28.50 $ 29.93 $ 31.43 $ 33.00 12 $ 23.45 $ 24.62 $ 25.85 $ 27.15 $ 28.50 $ 29.93 $ 31.43 $ 33.00 13 $ 23.78 $ 24.97 $ 26.22 $ 27.53 $ 28.90 $ 30.35 $ 31.87 $ 33.46 Office Technician 13 $ 23.78 $ 24.97 $ 26.22 $ 27.53 $ 28.90 $ 30.35 $ 31.87 $ 33.46 13 $ 23.78 $ 24.97 $ 26.22 $ 27.53 $ 28.90 $ 30.35 $ 31.87 $ 33.46 13 $ 23.78 $ 24.97 $ 26.22 $ 27.53 $ 28.90 $ 30.35 $ 31.87 $ 33.46 14 $ 25.60 $ 26.88 $ 28.22 $ 29.64 $ 31.12 $ 32.67 $ 34.31 $ 36.02 15 $ 28.18 $ 29.59 $ 31.07 $ 32.62 $ 34.25 $ 35.97 $ 37.76 $ 39.65 17 $ 31.90 $ 33.50 $ 35.17 $ 36.93 $ 38.77 $ 40.71 $ 42.75 $ 44.89 18 $ 35.29 $ 37.05 $ 38.90 $ 40.85 $ 42.89 $ 45.04 $ 47.29 $ 49.65 20 $ 40.30 $ 42.32 $ 44.44 $ 46.66 $ 48.99 $ 51.44 $ 54.01 $ 56.71 Mechanic I $ 33.42 $ 35.09 $ 36.75 $ 38.69 $ 40.62 $ 42.65 $ 16.00
APOA Union Hourly Schedule
13-A $ 32.55 $ 34.18 $ 35.89 $ 37.68 $ 39.56 $ 41.54
Senior Officer 14-A $ 33.91 $ 35.61 $ 37.39 $ 39.26 $ 41.22 $ 43.28 16-A $ 36.88 $ 38.72 $ 40.66 $ 42.69 $ 44.83 $ 47.07
35 $ 28.64 $ 30.07 $ 31.58 $ 33.15 $ 34.81 $ 36.55
60 $ 40.59 $ 42.62 $ 44.75 $ 46.99 $ 49.34 $ 51.80
60 $ 40.59 $ 42.62 $ 44.75 $ 46.99 $ 49.34 $ 51.80
60 $ 40.59 $ 42.62 $ 44.75 $ 46.99 $ 49.34 $ 51.80
60 $ 40.59 $ 42.62 $ 44.75 $ 46.99 $ 49.34 $ 51.80
60 $ 40.59 $ 42.62 $ 44.75 $ 46.99 $ 49.34 $ 51.80
65 $ 44.55 $ 46.78 $ 49.12 $ 51.57 $ 54.15 $ 56.86
F $ 49.15 $ 68.06
X $ 93.30 $ 93.30
Mayor
Mayor Pro Tem
Council Members
A B C D E F Funding
Source SF-CA $42.41 $44.53 $46.76 $49.09 $51.55 $54.13
SF-SNI $44.77 $47.00 $49.36 $51.83 $54.42 $57.14
SF-SI

SF-EMDC
Not to exceed
$46,080.00
$64,000.00
AM Bains/KC Fentanyl Misuse & OD Prevention TF
AM Bains/KC Fentanyl Misuse & OD Prevention TF
Funding Source
ARPA
ARPA
Classification Range
Special Investigator
Emergency Management/Deputy Chief
Special Funding Positions
Classification Range
Crime Analyst
Special Narcotics Investigator
Classification Range

CITY OF ARVIN
EMPLOYEE CLASSIFICATION & SALARY SCHEDULE EFFECTIVE JULY 2, 2024 Budgeted positions only
Hourly Rates
Police Admin Asst.

SEIU Union Positions
Bus Drivers
Public Works
Police Dispatchers
Transit Lead
Animal Control
Community Services Officer
Accounting Technician
Police Dispatch & Records Supervisor
Permit Technician
Transportation Manager
Accountant
Public Works Supervisor
Finance Supervisor
City Clerk
Part-Time Positions
Custodian
Officer
Sergeant
Mid-Manager Non-Union/Exempt Hourly Schedule
Non-Union/Non-Exempt Hourly Schedule
City Manager/Finance Director (contract)
Human & Community Resources Mgr
Grants Manager
City Planner
Sr. Bldg Officer/Code Enforcement
Lieutenant - Police Dept.

City Engineer
Executive Tier/Exempt Hourly Schedule
Police Chief
EL-C $ 300.00
EL-C $ 300.00
Elected Officials (Monthly)
Classification Range Per Month
EL-M $ 900.00

4.H.3
Attachment: SALARY SCHEDULE 8.21.24 (Adoption of The Mechanic I Position, Job Description and Corresponding Salary Schedule)

CITY OF ARVIN
Grant Report for 2024/2025 Fiscal Year

5.A.1
Attachment: Grants Presentation_082724 (Grants Status Report) Grants Status Report
• Kern COG CEC Charging Station Grant & SJVAPCD Charging Grant $ 170,021 (Park and Ride)- completed!
• 2023 CDBG Grant- Haven Drive- Sewer Upgrade and Road Rehabilitation $ 3.2 million NEPA has been updated and completed, awaiting final contract HCD • 2024 REAP 2.0 MPO Application (awarded) pending HCD and MPO MOU contract • $ 5.3 million.
• These funds are the “first money in” for 50 affordable housing units, utilities, infrastructure, and outreach.

5.A.1
Attachment: Grants Presentation_082724 (Grants Status Report) Grants Status Report
• LCTOP (yearly fund) 23/24 & 24/25
• FY 2023 $ 49,309
• FY 2024, $ 52,847
• Match funds for the new EV Bus to FTA 5339 Program. The program can be rolled into one project over three years.
• Transit State of Good Repair (SGR) 23/24 & 24/25
SGR SB1 FP 2023 $ 35,846
SGR SB1 FY 2024 $ 16,927
Match funds to FTA 5339 Program for Microgrid.
• SB1 (Street paving funding), annually approximately $ 500,000 yearly. 24/25 Project List has been submitted and approved for the 4th Street build-out.

SB1 funds have been utilized to match funds for street projects, the design and engineering of future street projects, and the purchase of new road paving equipment for public works

5.A.1
Attachment: Grants Presentation_082724 (Grants Status Report) • 2021 Bus and Bus Facilities Grant- FTA
It will replace gas and diesel buses with 2 electric buses and build a City Microgrid. It recently received a DOT contract, and an RFP is in process/review for the construction bid.

Buses have been ordered.
– Amount Received/Value -$2,922,550
– City Other Grants Match - $ 730,637 SGR, LCTOP, LCFC)

5.A.1
Attachment: Grants Presentation_082724 (Grants Status Report) Grants Status Report
• Prop, 68 Competitive Grant- Kovacevich $ 1.956 million. Grant completion is due by June 30, 2028. The project is currently under construction. The estimated completion is Winter 2024.

5.A.1
Attachment: Grants Presentation_082724 (Grants Status Report) Grants Status Report
• Prop. 68 Per Capita- Di Giorgio park $ 190,383 for playground and field improvements
• Playground equipment has been installed, and lights have been repaired/replaced; Bleacher installation is in process with management.

5.A.1
Attachment: Grants Presentation_082724 (Grants Status Report) Grants Status Report
• SB2 Planning Grant $ 160,000 – 80% completed! Finalizing Housing Element • LEAP $ 150,000 planning Grant- completed!
• PHLA $ 692,965 ($ 138,593 per year) first year Covid relief, completed, years 2-5 ADU funding, ADU kick-off, and financial programming in process with Self-help Enterprises. Will provide forgivable loans/grants to residents to rehabilitate accessory dwelling units. Year 1 is completed, and ADU templates are being processed with precision engineering and revised plan checks.
• The 2022 CDBG Flood Ministries Navigation Center Grant is $500,000 in progress; more than 70% of the funds have been spent, and the project completion date is Spring 2025.
• 2022 CDBG Housing Rehabilitation Program – $ 500,000, in process- home rehabilitation applications are currently being accepted and

5.A.1
Attachment: Grants Presentation_082724 (Grants Status Report) Road Improvements and Sidewalks for the City of Arvin
Mejoras de Carreteras y Aceras para la ciudad de Arvin
AB617

5.A.1
Attachment: Grants Presentation_082724 (Grants Status Report)

1. Comanche Dr
– Varsity Aveà Schipper
$1,525,000

5.A.1
Attachment: Grants Presentation_082724 (Grants Status Report)

2. South A Street
– Olsen à SR 223
$2,545,000

5.A.1
Attachment: Grants Presentation_082724 (Grants Status Report)

3. South Derby
– Schipper to SR 223
$3,291,000

5.A.1
Attachment: Grants Presentation_082724 (Grants Status Report) Priority AB617 CSC projects
proyectos prioritarios

1. Comanche Drive – Varsity Ave to Schipper $ 1,525,000

2. South A Street – Olsen to SR 223 $ 2,545,000

3. South Derby – Schipper to SR 223 $ 3,291,000
--------------------------------------------------------------------------------------------------------------- TOTAL $ 7,361,000
AB 617 Budgeted Amount for Arvin / Cantidad Presupuestada de AB 617 para Arvin $ 6,000,000 Amount over budget/Cantidad por encima del presupuesto $ 1,361,000 NEXT CSC MEETING IS THURSDAY 8/26/24 at 6 pm – CSC committee to determine rescope to meet the $6 million budget.

5.A.1
Attachment: Grants Presentation_082724 (Grants Status Report) Grants Status Report
Pending Grant Projects:

EPA Community Change Grant (CCG) submitted 8/16/24- a collaborative grant between the City of Arvin, KCCD, DHF, and Grid Alternatives.
$ 19,836,954 Fund Requested (TBD in approximately 8 weeks) Projects: Urban Greening bike and walking path extension along Walnut Drive and in Smothermon Park, Smothermon Park Sump Upgrade with Bioswale, Microgrid with battery back up storage, for Community Center Resilience with Charging Stations, 2 EV buses, Portable Solar EV chargers for Kovacevich Park, Plumtree Drive road rehabilitation from 223- Orange Avenue, with sidewalk repairs, ADA curb ramps and crosswalks, new bus shelter, Meyer Street bike lane restriping and signage, Grid Alternatives Residential Solar with an allowance for roof repairs and utility upgrades, 200 free bus pass a year for low-income residents, 250 EV charging cards for low-income Arvin residents with EVs, workforce development programs and training at the new Arvin BC Campus, formation of an Arvin Business Alliance to include business coaching and workshops. Establishment of an Arvin ACE Collaborative Steering Committee with meals, childcare, translation services, and stipends offered for 30 participants.

5.A.1
Attachment: Grants Presentation_082724 (Grants Status Report) Grants Status Report
Future Planned Applications:
2024 CDBG- NOFA release very soon!
Joe Serna- (Spring/Summer 2025)
Affordable Housing Sustainable Communities (AHSC)
(Spring/Summer 2025)
Transformative Climate Communities (TCC) -when funds become available

5.A.1
Attachment: Grants Presentation_082724 (Grants Status Report)

Arvin City CouncilAugust 27, 2024

Arvin City Council
August 27, 2024