CARVING
CALIFORNIA
ninther Su
he gara
Incorporated Dec. 21 1960
REGULAR MEETING AGENDA
OF THE
ARVIN CITY COUNCIL/ SUCCESSOR AGENCY TO THE
ARVIN COMMUNITY REDEVELOPMENT AGENCY/ ARVIN HOUSING
AUTHORITYI ARVIN PUBLIC FINANCING AUTHORITY
TUESDAY NOVEMBER 12, 2024 6:00p.m.
CITY HALL COUNCIL CHAMBERS
200 CAMPUS DRIVE, ARVIN
CALL TO ORDER Mayor Daniel Borreli
PLEDGE OF ALLEGIANCE
INVOCATION
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ROLL CALL Daniel Borreli Mayor
Susana Reyes Mayor Pro Tern
Donny Horton Councilmember
Tim Tarver Councilmember
Vacant Councilmember
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STAFF Jeff Jones City Manager / Finance Director
Nathan Hodges City Attorney - Hodges Law Group
Cecilia Vela City Clerk
I pledge allegiance to the flag of the United States of America and to the Republic for which it stands, one nation, under God, indivisible, with liberty and justice for all.
PUBLIC COMMENTS:
The meetings of the City Council and all municipal entities, commissions, and boards ("the City") are open to the public. At regularly scheduled meetings, members of the public may akress the Cily on any item listed on the agenda, or on any non-listed matter over which the City has jurisdiction. At special or emergency meetings, members of the public may only address the City on items listed on the agenda. Such comments shall be made in person and before the City during the meeting as prescribed below. There is a time limitation of two (2) minutes per person. However, the City shall allow a spcaker using a translator four (4) minutes to ensure that non-English speakers receive the same opportunity to directly address the Cily, Sixteen Minutes (16) total (plus additional time based on use of a translator, if any) will be allowed for any one subject. For any item that is not on the agenda and within the jurisdiction or interest of the City, please come to the podium at this time. The Brown Act does not permit any action or discussion on items not listed on the agenda. If you wish to speak regarding a scheduled agenda item, please come to the podium when the item number and subject matter are announced, and the Mayor or Chair opens Public Comment on the item. When recognized, please begin by providing your name and address for the record (optional). Anyone wishing to submit written information at the meeting needs to furnish ten (10) copies to the City Cleric in advance to allow for distribution to City Council, staff and the media. Willful disruption of the meeting shall not be permitted. If the Mayor finds that there is in fact willful disruption of any City Council Meeting, he/she may order the disrupting partics out of the room and subsequently conduct the City's business without them present.
In accordance with the Brown Act, all matters to be acted on by the City must be posted at least 72 hours prior to a regular meeting. In cases of an emergency, or when a subject matter needs immediate action or comes to the attention of the City subsequent to the agenda being posted, upon making certain findings, the City may act on an item that was not on the posted agenda.
AGENDA STAFF REPORTS AND HANDOUTS:
Staff reports and other disclosable public records related to open session agenda items arc available at City Hall, 200 Campus Drive, Arvin, CA 93203 during regular business hours.
CONDUCT IN THE CITY COUNCIL CHAMBERS:
Rules of Decorum for the Public
Members of the audience shall not engage in disorderly or boisterous conduct, including the utterance of loud, threatening or abusive language, clapping, whistling, stamping of feel or other acts which disturb, disrupt, impede or otherwise render the orderly conduct of the City meeting infeasible. A member of the audience engaging in any such conduct shall, at the discretion of the presiding officer or a majority of the City, be subject to ejection from the meeting per Gov. Code Sect. 54954.3 (c).
Removal from the Council Chambers:
Any person who commits the following acts in respect to a meeting of the City shall be removed from the Council Chambers per Gov. Code Sect. 54954.3(c).
(a) Disorderly, contemptuous or insolent behavior toward the City or any member thercof, tending to interrupt the due and orderly course of said meeting;
(b) A breach of the peace, boisterous conduct or violent disturbance, tending to interrupt the due and orderly course of said meeting;
(c) Disobedience of any lawful order of the Mayor, which shall include an order to be seated or to refrain from addressing the City; and
(l) Any other unlawful interference with the due and orderly course of said meeting.
AMERICANS with DISABILITIES ACT:
In compliance with the ADA, if you need special assistance to participate in a City meeting or other services offered by the City, please contact the Cily Clerk's office, (661) 854-3134. Notification of at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service.
1. APPROVAL OF AGENDA AS TO FORM.
Motion Second Vote
Roll Call: CM Tarver _ CM Horton MPT Reyes _ Mayor Borreli.
2. PRESENTATIONS
Presentation by Javier Caltenco, U.S. Small Business Administration Public Information Officer - Office of Disaster Recovery and Resilience Field Operations Center - West
SUBJECT: Disaster Loans and other resources for Victims of the Borel Fire (FEMA Disaster CA-20028)
3. CONSENT AGENDA ITEMS)
A. Approval of Demand Registers) of October 15th, October 22nd. October 24th, and October 30th 2024
B. Approval of Payroll Register of October 8" to October 21s 2024 C. Approval of Minutes for the Regular Arvin City Council meeting of October 22, D. Approval of a Proclamation proclaiming Wednesday, November 13, 2024 as William Gregg "Cowboy" Day
E. Approval of a Resolution of the City Council of the City of Arvin (1) Declaring Central Natural Gas (CNG) Station as Surplus and (2) Directing the City Manager to Authorize Sale of the Equipment
Staff recommends approval of the consent agenda.
Motion Second Vote
Roll Call: CM Tarver — CM Horton _ MPT Reyes _ Mayor Borreli Arvin City Council Meeting Agenda - November 12, 2024
4. PUBLIC HEARING ITEM(S)
A Public Hearing to Consider Approval of A Resolution of the City Council of he City of Arvin Declaring the Necessity to Commence Eminent Domal roceedings for the Acquisition of the Property Located at the Southeas Corner of Rancho Dr. and Millux Rd., Arvin, California 93203: APN 446-010-
04. (City Manager)
Staff recommends that the City Council open the hearing, allow for public testimony, and then close the hearing and approve the Resolution of Necessity.
5. ACTION ITEM(S)
A. Consideration A recusent and Bie and cal ran AR Manager toM provide staff report
Staff recommends discussion of this item by the Council and then to provide direction to staff.
Roll Call: CM Tarver CM Horton MPT Reyes Mayor Borreli
B. Consideration and Approval of a First Amendment to the Professional Consultant Services Agreement between the City of Arvin and DPSI Engineers, Inc. for On-Call Engineering Services in the Amount of $470,900.00 for the (1) Design of Street Construction of 4th Street between Campus Drive and Walnut Drive, and (2) Design of Paving and Reconstructing of Meyer Street Between Bear Mountain Boulevard and Sycamore Drive. (City Manager)
Staff recommends approval of the First Amendment to the Professional Consultant Services Agreement between DPSI Engineers, Inc. and the City of Arvin.
Motion Second Vote_
Roll call: CM Tarver_ CM Horton MPT Reyes_ Mayor Borreli_ C. Consideration and Approval of A Resolution of the City Council of the City of Arvin Accepting and Awarding Bid and Authorizing the City Manager to Arvin City Council Meeting Agenda - November 12, 2024
Execute the Quote from Flock Group, Inc. for a two-year Subscription Purchase of Fifteen (18) Flock Safety Falcon Cameras and Related Technology in the Amount of $109,550.00, and Authorizing the Purchase based on the Sole Source Exemption of City of Arvin Purchasing Policy. (City Manager)
Staff recommends approval of the Quote from the Flock Group, Inc.
Motion Second Vote
Roll call: CM Tarver_ CM Horton MPT Reyes__ Mayor Borreli..
D. Consideration, Discussion, and Possible Approval of Transit Manager Employment Agreement and Job Description (Mayor Borreli and CM Horton) (HR Manager to provide staff report)
Staff recommends discussion of this item by the Council and then to provide direction to staff
Motion Second Vote
Roll Call: CM Tarver CM Horton . MPT Reyes _ Mayor Borreli —
6. SUCESSOR AGENCY ITEMS
A. Consideration and Acceptance of a Resolution Approving a Purchase Sale Agreement between the Dissolved Arvin Community Redevelopment Agency (Successor Agency) and State Foods LLC or Assignee and Arvin Walnut Properties LLC for the purchase of APNs 190-270-01, 190-270-03, 190-270- 05, and 190-270-06 which consists of a total of 5.14 acres and is located at Bear Mountain Blvd and North Walnut Street in the City of Arvin CA in the amount of $1,032,098. (City Manager)
Staff recommends approval of the Purchase and Sale Agreement between State Foods LLC or Assignee and Arvin Walnut Properties LLC and the Dissolved Arvin Community Redevelopment Agency.
Motion Second Vote
Roll Call: AM/CM Tarver _ AM/CM Horton_ AM/MPT Reyes_ Chair/Mayor Borreli _
7. CITY MANAGER'S REPORT
Arvin City Council Meeting Agenda - November 12, 2024
8. REPORT OF COUNCIL MEMBER MEETINGS & CONFERENCES ATTENDED
9. PUBLIC COMMENTS
(This is the opportunity for the public to address the City Council on any matter on the agenda or any item of interest to the public that is within the subject matter jurisdiction of the City Council.)
10. COUNCIL MEMBER COMMENTS
11. CLOSED SESSION ITEMS
A. CONFERENCE WITH LEGAL COUNSEL--POTENTIAL LITIGATION
(Government Code §54956.9(b).)
Significant exposure to litigation pursuant to §54956.9(b): six cases B. THREAT TO PUBLIC SERVICES OR FACILITIES (Government Code §54957(a).)
Consultation with: City Manager and/or City Attorney. (one item) C. CONFERENCE WITH LEGAL COUNSEL: LIABILITY CLAIMS (Government Code §54956.95)
Claimant: Rose Zuniga - AIMS File No. FR102424.
Against: City of Arvin
D. CONFERENCE WITH LEGAL COUNSEL: LIABILITY CLAIMS (Government Code §54956.95)
Claimant: Frank Lin - AlMs File No. FR102568.
Against: City of Arvin
12. ADJOURNMENT
I hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the Arvin City Council Chambers Bulletin Board not less than 72 hours prior to the meeting. Dated November 8, 2024.
Jeff Jones, Deputy City Clerk
Arvin City Council Meeting Agenda - November 12, 2024
ŞBA Administrusiness NEWS RELEASE
Administration
Disaster Field Operations Center West
Release Date: Oct. 22, 2024 Media Contact: Javier Caltenco, (571) 419-1053, Javier. [email protected]
Release Number: CA 20793-01 Follow us on X, Facebook, Blogs & Instagram SBA Offers Disaster Assistance to California
Businesses and Residents Affected by the Park and Borel Fires "As communities across the Southeast continue to recover and rebuild after Hurricanes Helene and Milton, the SBA remains focused on its mission to provide support to small businesses to help stabilize local economies, even in the face of diminished disaster funding," said Administrator Isabel Casillas Guzman. "If your business has sustained physical damage, or you've lost inventory, equipment or revenues, the SBA will help you navigate the resources available and work with you at our recovery centers or with our customer service specialists in person and online so you can fully submit your disaster loan application and be ready to receive financial relief as soon as funds are replenished." SACRAMENTO, Calif. - Low-interest federal disaster loans are available to California businesses and residents affected by the Park and Borel fires that occurred July 24-Aug. 26, announced Administrator Isabel Casillas Guzman of the U.S. Small Business Administration. SBA acted under its own authority to declare a disaster in response to a request SBA received from Gov. Gavin Newsom's authorized representative, Director Nancy Ward, of the California Office of Emergency Services on Oct. 15.
The disaster declaration makes SBA assistance available in Butte, Colusa, Glenn, Inyo, Kern, Kings, Los Angeles, Mendocino, Plumas, San Bernardino, San Luis Obispo, Santa Barbara, Shasta, Sutter, Tehama, Trinity, Tulare, Ventura and Yuba counties in California. "Low-interest federal disaster loans are available to businesses of all sizes, most private nonprofit organizations, homeowners and renters whose property was damaged or destroyed by this disaster," said Francisco Sánchez Jr., associate administrator for the Office of Disaster Recovery and Resilience at the Small Business Administration. "Within a few days, SBA will announce the opening of a Disaster Loan Outreach Center where SBA disaster representatives will be on hand to answer questions about SBA's disaster loan program, explain the application process and help each individual complete their application," Sánchez continued.
Businesses of all sizes and private nonprofit organizations may borrow up to $2 million to repair or replace damaged or destroyed real estate, machinery and equipment, inventory and other business assets.
For small businesses, small agricultural cooperatives, small businesses engaged in aquaculture and most private nonprofit organizations of any size, SBA offers Economic Injury Disaster Loans to help meet working capital needs caused by the disaster. Economic injury assistance is available regardless of whether the business suffered any property damage.
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"SBA's disaster loan program offers an important advantage-the chance to incorporate measures that can reduce the risk of future damage," Sánchez added. "Work with contractors and mitigation professionals to strengthen your property and take advantage of the opportunity to request additional SBA disaster loan funds for these proactive improvements." Disaster loans up to $500,000 are available to homeowners to repair or replace damaged or destroyed real estate. Homeowners and renters are eligible for up to $100,000 to repair or replace damaged or destroyed personal property, including personal vehicles.
Interest rates can be as low as 4 percent for businesses, 3.25 percent for private nonprofit organizations and 2.688 percent for homeowners and renters with terms up to 30 years. Loan amounts and terms are set by SBA and are based on each applicant's financial condition.
Interest does not begin to accrue until 12 months from the date of the first disaster loan disbursement. SBA disaster loan repayment begins 12 months from the date of the first disbursement.
On October 15, 2024, it was announced that funds for the Disaster Loan Program have been fully expended. While no new loans can be issued until Congress appropriates additional funding, we remain committed to supporting disaster survivors. Applications will continue to be accepted and processed to ensure individuals and businesses are prepared to receive assistance once funding becomes available.
Applicants are encouraged to submit their loan applications promptly for review in anticipation of future funding.
Applicants may apply online and receive additional disaster assistance information at SBA.gov/disaster. Applicants may also call SBA's Customer Service Center at (800) 659-2955 or email [email protected] for more information on SBA disaster assistance. For people who are deaf, hard of hearing, or have a speech disability, please dial 7-1-1 to access telecommunications relay services.
The deadline to apply for property damage is Dec. 20, 2024. The deadline to apply for economic injury is July 21, 2025.
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About the U.S. Small Business Administration
The U.S. Small Business Administration makes the American dream of business ownership a reality. As the only go-to resource and voice for small businesses backed by the strength of the federal government, the SBA empowers entrepreneurs and small business owners with the resources and support they need to start, grow or expand their businesses, or recover from a declared disaster. It delivers services through an extensive network of SBA field offices and partnerships with public and private organizations. To learn more, visit www.sba.gov. 2| Page
U.S. Small Business NEWS RELEASE
SBA Administration
Disaster Field Operations Center West
Release Date: Oct. 23, 2024 Media Contact: Javier Caltenco, (571) 419-1053, [email protected]
Release Number: CA 20793-02 Follow us on X, Facebook, Blogs & Instagram SBA to Open Disaster Loan Outreach Centers in
Chico, Lake Isabella and Red Bluff
"As communities across the Southeast continue to recover and rebuild after Hurricanes Helene and Milton, the SBA remains focused on its mission to provide support to small businesses to help stabilize local economies, even in the face of diminished disaster funding," said Administrator Isabel Casillas Guzman. "If your business has sustained physical damage, or you've lost inventory, equipment or revenues, the SBA will help you navigate the resources available and work with you at our recovery centers or with our customer service specialists, in person and online, so you can fully submit your disaster loan application and be ready to receive financial relief as soon as funds are replenished." SACRAMENTO, Calif. - Francisco Sánchez Jr., associate administrator for the Office of Disaster Recovery and Resilience at the Small Business Administration, today announced the opening of three Disaster Loan Outreach Centers to meet the needs of businesses and individuals who were affected by the Park and Borel fires that occurred July 24-Aug. 26. The centers will be located in the Butte County Office, North Valley Plaza in Chico, Isabella Senior Center in Lake Isabella and in the Tehama County Transportation Commission in Red Bluff beginning Thursday, Oct. 24. "When disasters strike, our Disaster Loan Outreach Centers are key to helping business owners and residents get back on their feet," Sánchez said. "At these centers, people can connect directly with our specialists to apply for disaster loans and learn about the full range of programs available to rebuild and move forward in their recovery journey."
"SBA customer service representatives will be on hand at the following centers to answer questions about SBA's disaster loan program, explain the application process and help each individual complete their electronic loan application," Sánchez continued. The centers will be open on the days and times indicated. No appointment is necessary.
BUTTE COUNTY KERN COUNTY
Disaster Loan Outreach Center Disaster Loan Outreach Center Butte County Office Isabella Senior Center
North Valley Plaza 6401 Lake Isabella Blvd.
765 E. Ave., Ste. 200 Lake Isabella, CA 93240
Chico, CA 96926 Opens 12 p.m. Thursday, Oct. 24
Opens 12 p.m. Thursday, Oct. 24 Mondays - Fridays, 8 a.m.-5 p.m.
Mondays - Fridays, 8:00 a.m.-4:30 p.m.
Closed on Monday, Nov. 11, for Veterans Day
Closed on Monday, Nov. 11, for Veterans Day
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TEHAMA COUNTY
Disaster Loan Outreach Center
Tehama County Transportation Commission
1509 Schwab St.
Red Bluff, CA 96080
Opens at 12 p.m. Thursday, Oct. 24
Mondays - Fridays, 8 a.m. - 5 p.m.
Closed on Monday, Nov. 11, for Veterans Day
Businesses of all sizes and private nonprofit organizations may borrow up to $2 million to repair or replace damaged or destroyed real estate, machinery and equipment, inventory and other business assets.
For small businesses, small agricultural cooperatives, small businesses engaged in aquaculture and most private nonprofit organizations of any size, SBA offers Economic Injury Disaster Loans to help meet working capital needs caused by the disaster. Economic injury assistance is available regardless of whether the business suffered any property damage.
"SBA's disaster loan program offers an important advantage-the chance to incorporate measures that can reduce the risk of future damage," Sánchez added. "Work with contractors and mitigation professionals to strengthen your property and take advantage of the opportunity to request additional SBA disaster loan funds for these proactive improvements." SBA disaster loans up to $500,000 are available to homeowners to repair or replace damaged or destroyed real estate. Homeowners and renters are eligible for up to $100,000 to repair or replace damaged or destroyed personal property, including personal vehicles.
Interest rates can be as low as 4 percent for businesses, 3.25 percent for private nonprofit organizations and 2.688 percent for homeowners and renters with terms up to 30 years. Loan amounts and terms are set by SBA and are based on each applicant's financial condition.
Interest does not begin to accrue until 12 months from the date of the first disaster loan disbursement. SBA disaster loan repayment begins 12 months from the date of the first disbursement.
On October 15, 2024, it was announced that funds for the Disaster Loan Program have been fully expended. While no new loans can be issued until Congress appropriates additional funding, we remain committed to supporting disaster survivors. Applications will continue to be accepted and processed to ensure individuals and businesses are prepared to receive assistance once funding becomes available.
Applicants are encouraged to submit their loan applications promptly for review in anticipation of future funding.
Applicants may apply online and receive additional disaster assistance information at SBA.gov/disaster. Applicants may also call SBA's Customer Service Center at (800) 659-2955 or email [email protected] for more information on SBA disaster assistance. For people who are deaf, hard of hearing, or have a speech disability, please dial 7-1-1 to access telecommunications relay services.
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The deadline to apply for property damage is Dec. 20, 2024. The deadline to apply for economic injury is July 21, 2025.
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About the U.S. Small Business Administration
The U.S. Small Business Administration helps power the American dream of business ownership. As the only go-to resource and voice for small businesses backed by the strength of the federal government, the SBA empowers entrepreneurs and small business owners with the resources and support they need to start, grow, expand their businesses, or recover from a declared disaster. It delivers services through an extensive network of SBA field offices and partnerships with public and private organizations. To learn more, visit www.sba.gov. 3 Page
Date: 10/22/2024
U.S. SMALL BUSINESS ADMINISTRATION
FACT SHEET - DISASTER LOANS
SBA CALIFORNIA Declaration #20793 & #20794
(Disaster: CA-20028)
Incident: PARK & BOREL FIRES
U.S. Small Business
Administration occurring: July 24 through August 26, 2024 in the California counties of: Butte, Kern & Tehama;
and the contiguous California counties of: Colusa, Glenn, Inyo, Kings, Los Angeles, Mendocino, Plumas, San Bernardino, San Luis Obispo, Santa Barbara, Shasta, Sutter, Trinity, Tulare, Ventura & Yuba Application Filing Deadlines:
Physical Damage: December 20, 2024 Economic Injury: July 21, 2025 If you are located in a declared disaster area, you may be eligible for financial assistance from the U.S. Small Business Administration (SBA).
What Types of Disaster Loans are Available?
• Business Physical Disaster Loans - Loans to businesses to repair or replace disaster-damaged property owned by the business, including real estate, inventories, supplies, machinery and equipment. Businesses of any size are eligible. Private, non-profit organizations such as charities, churches, private universities, etc., are also eligible. • Economic Injury Disaster Loans (EIDL) - Working capital loans to help small businesses, small agricultural cooperatives, small businesses engaged in aquaculture, and most private, non-profit organizations of all sizes meet their ordinary and necessary financial obligations that cannot be met as a direct result of the disaster. These loans are intended to assist through the disaster recovery period.
Home Disaster Loans - Loans to homeowners or renters to repair or replace disaster-damaged real estate and personal property, including automobiles.
What are the Credit Requirements?
• Credit History - Applicants must have a credit history acceptable to SBA. • Repayment - Applicants must show the ability to repay all loans.
What are the Interest Rates?
By law, the interest rates depend on whether each applicant has Credit Available Elsewhere. An applicant does not have Credit Available Elsewhere when SBA determines the applicant does not have sufficient funds or other resources, or the ability to borrow from non-government sources, to provide for its own disaster recovery. An applicant, which SBA determines to have the ability to provide for his or her own recovery is deemed to have Credit Available Elsewhere. Interest rates are fixed for the term of the loan. The interest rates applicable for this disaster are:
No Credit Available Credit Available
Physical Damage Loan Types Elsewhere Elsewhere
Home Loans 2.688% 5.375%
Business Loans 4.000% 8.000%
Non-Profit Organizations 3.250% 3.250%
No Credit Available Credit Available
Economic Injury Loan Types Elsewhere Elsewhere
Businesses & Small Agricultural Cooperatives 4.000% N/A Non-Profit Organizations 3.250% N/A
What are Loan Terms?
naximum 7-year term. SBA sets the installment payment amount and corresponding maturity based upon each borrower's ability to The law authorizes loan terms up to a maximum of 30 years. However, the law restricts businesses with credit available elsewhere to :
repay. Borrowers may be required to provide collateral.
Date: 10/22/2024
What are the Loan Amount Limits?
• Business Loans - The law limits business loans to $2,000,000 for the repair or replacement of real estate, inventories, machinery, equipment and all other physical losses. Subject to this maximum, loan amounts cannot exceed the verified uninsured disaster loss.
disaster. The actual amount of each loan is limited to the economic injury determined by SBA, less business interruption insurance and other recoveries up to the administrative lending limit. EIDL assistance is available only to entities and their owners who cannot provide for their own recovery from non-government sources, as determined by the U.S. Small Business • Business Loan Ceiling - The $2,000,000 statutory limit for business loans applies to the combination of physical, economic injury, mitigation and refinancing, and applies to all disaster loans to a business and its affiliates for each disaster. If a business is a major source of employment, SBA has the authority to waive the $2,000,000 statutory limit. • Home Loans - SBA regulations limit home loans to $500,000 for the repair or replacement of real estate and $100,000 to repair or replace personal property. Subject to these maximums, loan amounts cannot exceed the verified uninsured disaster loss.
What Restrictions are there on Loan Eligibility?
• Uninsured Losses - Only uninsured or otherwise uncompensated disaster losses are eligible. Any insurance proceeds which are required to be applied against outstanding mortgages are not available to fund disaster repairs and do not reduce loan eligibility. However, any insurance proceeds voluntarily applied to any outstanding mortgages do reduce loan eligibility.
Ineligible Property - Secondary homes, personal pleasure boats, airplanes, recreational vehicles and similar property are not eligible, unless used for business purposes. Property such as antiques and collections are eligible only to the extent of their functional value. Amounts for landscaping, swimming pools, etc., are limited.
Noncompliance - Applicants who have not complied with the terms of previous SBA loans may not be eligible. This includes borrowers who did not maintain flood and/or hazard insurance on previous SBA loans.
Note: Loan applicants should check with agencies / organizations administering any grant or other assistance program under this declaration to determine how an approval of SBA disaster loan might affect their eligibility.
Is There Help with Funding Mitigation Improvements?
If your loan application is approved, you may be eligible for additional funds to cover the cost of improvements that will protect your property against future damage. Examples of improvements include retaining walls, seawalls, sump pumps, etc. Mitigation loan money would be in addition to the amount of the approved loan, but may not exceed 20 percent of total amount of physical damage to real property, including leasehold improvements, and personal property as verified by SBA to a maximum of $500,000 for home loans. It is not necessary for the description of improvements and cost estimates to be submitted with the application. SBA approval of the mitigating measures will be required before any loan increase.
Is There Help Available for Refinancing?
SBA can refinance all or part of prior mortgages that are evidenced by a recorded lien, when the applicant (1) does not have credit available elsewhere, (2) has suffered substantial uncompensated disaster damage (40 percent or more of the value of the property or 50% or more of the value of the structure), and (3) intends to repair the damage.
Businesses - Business owners may be eligible for the refinancing of existing mortgages or liens on real estate, machinery and equipment, up to the amount of the loan for the repair or replacement of real estate, machinery, and equipment. • Homes - Homeowners may be eligible for the refinancing of existing liens or mortgages on homes, up to the amount of the loan for real estate repair or replacement.
What if I Decide to Relocate?
You may use your SBA disaster loan to relocate. The amount of the relocation loan depends on whether you relocate voluntarily or involuntarily. If you are interested in relocation, an SBA representative can provide you with more details on your specific situation.
Are There Insurance Requirements for Loans?
To protect each borrower and the Agency, SBA may require you to obtain and maintain appropriate insurance. By law, borrowers whose damaged or collateral property is located in a special flood hazard area must purchase and maintain flood insurance. SBA requires that flood insurance coverage be the lesser of 1) the total of the disaster loan, 2) the insurable value of the property, or 3) the maximum insurance available.
Applications for disaster loans may be submitted online using the MySBA Loan Portal at https://lending.sba.gov or other locally announced locations. Please contact the SA's Customer Service Center by email at [email protected] or by phone at 1-800-659-2955 for further assistance. For people who are deaf, hard of hearing, or have a speech disability, please dial 7-1-1 to access telecommunications relay services.
Fecha: 22 de octubre de 2024
LA AGENCIA FEDERAL DE PEQUEÑOS NEGOCIOS
SBA HOJA DE DATOS - PRÉSTAMOS PARA DESASTRES
CALIFORNIA Declaración #20793 y #20794
(Desastre: CA-20028)
U.S. Small Business Incidente: INCENDIOS DE PARK Y BOREL Administration
ocurriendo: el 24 de julio hasta 26 de agosto de 2024
en los condados de Butte, Kern y Tehama, en el estado de California; y en los condados contiguos de Colusa, Glenn, Inyo, Kings, Los Angeles, Mendocino, Plumas, San Bernardino, San Luis Obispo, Santa Barbara, Shasta, Sutter, Trinity, Tulare, Ventura y Yuba, en el estado de California Daños Físicos: 20 de diciembre de 2024 Fechas Límites Para Solicitar Préstamos:
Daños Económicos: 21 de julio de 2025
Pequeños Negocios (SBA). Si usted está ubicado en un área declarada de desastre, usted puede ser elegible para asistencia financiera por la Agencia Federal de ¿Qué Tipos de Préstamos para Desastres están Disponible? dañada perteneciente Préstamos para Desastres para Negocios Con Daños Fisicos - Préstamos a negocios para reparar o reemplazar propiedad Negocios de cualquier tamaño son elegibles. Organizaciones privadas sin fines de lucro, tal como organizaciones de caridad, al negocio, incluyendo: propiedad inmobiliaria, inventarios, mercaderías, maquinarias y equípos. iglesias, universidades privadas, etc. son también elegibles. • Préstamos de Desastre por Daños Económicos (EIDL) - Préstamos para proveer capital circulante para ayudar a pequeños negocios, pequeñas cooperativas agricolas, pequeños negocios involucrados en acuacultura y la mayoria de organizaciones privadas sin fines de lucro, de todos tamaños. Son préstamos para cubrir las obligaciones ordinarias y necesidades financieras que no pueden ser cubiertas, debido al resultado directo del desastre. Estos préstamos están destinados para la asistencia durante el período de recuperación del desastre.
• Préstamos para Desastres para Hogares - Préstamos para dueños de hogares o inquilinos para reparar o reemplazar la propiedad inmobiliaria y propiedad personal dañada por el desastre, incluyendo automóviles. ¿Cuáles son los Requisitos de Crédito?
• Historial de Crédito - El solicitante deberá tener un historial de crédito aceptable a la SBA. • Habilidad de Pago - El solicitante deberá demostrar su habilidad para pagar todos los préstamos. ¿Cuáles son las Tasas de Interés?
Por ley, la tasa de interés dependerá si el solicitante tiene Otros Créditos Disponibles. Un solicitante no tiene Otros Créditos Disponibles cuando la SBA determina que el solicitante no tiene suficientes fondos u otros recursos, o la habilidad para obtener préstamo de otras agencias no gubernamentales para proveer para su propia recuperación por daños sufridos por el desastre. Aquellos solicitantes los uales la SBA determina que tienen la habilidad para proveer para su propia recuperación, se entiende que tienen Otros Crédito Disponibles. Las tasas de intereses son fijas durante el término del préstamo. Los tipos de interés aplicables para este desastre son Tipos de préstamos por daños físicos Si usted no tiene Otro Si usted tiene Otro Préstamos para Hogares Crédito Disponible Crédito Disponible Préstamos para Negocios 2.688% 5.375%
Préstamos a Organizaciones Sin Fines de Lucro 4.000% 8.000%
3.250% 3.250%
Tipos de préstamos por lesiones económicas Si usted no tiene Otro Si usted tiene Otro Negocios y Pequeñas Cooperativas Agricolas Crédito Disponible Crédito Disponible Organizaciones Sin Fines Lucro 4.000% N/A
3.250% N/A
¿Cuáles son los Términos del Préstamo?
limita su término a un máximo de 7 años. La SBA establece la cantidad de pago y la madurez del préstamo correspondiente de acuerdo La ley autoriza términos de préstamo hasta un máximo de 30 años. Sin embargo, para negocios con Otros Créditos Disponibles la ley a la habilidad de pago de cada prestatario. Es posible que se requiera que las prestamos de pérdidas proporcionen garantías.
Fecha: 22 de octubre de 2024
¿Cuáles son los Límites de la Cantidad de Préstamo?
• Préstamos para Negocios - La cantidad de los préstamos son limitadas por ley, hasta $2,000,000 para reparar/reemplazar bienes inmobiliarios, inventarios, maquinarias, equipos y otras pérdidas físicas. Sujeto a este máximo, la cantidad máxima de los préstamos no podrá exceder la cantidad de daños verificados sin seguro. • Préstamos de Desastre por Daños Económicos (EIDL) - La cantidad de los préstamos por daños económicos son limitadas por ley, hasta $2,000,000 para aliviar el daño económico causado por el desastre. La cantidad actual de cada préstamo es limitada por el daño económico determinado por la SBA, menos lo recuperado por seguros de interrupción de negocios y otras fuentes de recuperación hasta el limite administrativo. La asistencia para EIDL está disponible sólo para las entidades y sus dueños que no pueden proveer para su propia recuperación, a través de recursos no gubernamentales, determinado por la U.S. Agencia Federal de Pequeños Negocios (SBA).
Limites del Préstamo para Negocios - El límite reglamentado de $2,000,000 es aplicado a préstamos de negocio en combinación de pérdidas físicas, pérdidas económicas, mitigación y refinanciamiento, y se aplica a todos los préstamos para desastres para negocios y sus afiliados, por cada desastre. Si el negocio es una fuente mayor de empleos, la SBA tiene la autoridad para elevar el límite estatutario de $2,000,000. • Préstamos para Hogares - Son limitados por regulaciones de la SBA a un máximo de $500,000 para reparar/reemplazar propiedad inmobiliaria, y $100,000 para reparar o reemplazar propiedad personal. Sujeto a estos máximos, las cantidades de los préstamos no podrán exceder los daños verificados sin seguro. ¿Qué Restricciones Existen Sobre la Elegibilidad de Préstamo? • Pérdidas Sin Seguro - Sólo pérdidas sin seguro o sin compensación son elegibles. Pagos de seguro que son requeridos para reducir el monto de la hipoteca y no están disponibles para financiar la reparación de daños causados por el desastre no reducirán la elegibilidad. Sin embargo, beneficios de seguro aplicados voluntariamente a la reducción de la hipoteca reducirán la elegibilidad.
• Propiedades que no son Elegibles - Propiedades secundarias, botes para diversión personal, aeroplanos, vehículos recreativos, y propiedades similares no son elegibles, a menos que sean parte de un negocio. Propiedades como antigüedades y colecciones califican hasta el valor máximo de funcionamiento. Cantidades del préstamo para restaurar jardinería, piscinas, etc., son limitadas.
• Incumplimiento - Solicitantes que con anterioridad no han cumplido con sus obligaciones en los préstamos de la SBA no son elegibles. Esto incluye prestatarios que no han cumplido con su obligación de mantener seguro contra inundaciones y/o incendio en anteriores préstamos de la SBA.
Nota: Los solicitantes de préstamo deberán verificar con las agencias/organizaciones que administran subvenciones u otros programas de asistencia, bajo esta declaración, para determinar si un préstamo para desastres aprobado por la SBA podria afectar su elegibilidad ¿Hay Ayuda para Financiar Mejoras de Mitigación?
Si su solicitud de préstamo es aprobada, usted puede ser elegible para fondos adicionales para cubrir los costos de mejoras para proteger su propiedad de daños futuros. Ejemplos de mejoras incluye; paredes de retención, muralla de contención maritima, etc. El dinero designado para mitigación será adicional a la cantidad del préstamo aprobado, pero no podrá exceder un 20 por ciento de la cantidad total de las perdidas fisicas y así verificadas por la SBA hasta un máximo de $500,000 para préstamos de hogares. No es necesario que la descripción de las mejoras y de los costos estimados sean enviados junto con la solicitud. La aprobación de la SBA sobre las mejoras de mitigación será requerida antes de cualquier aumento en la cantidad del préstamo. ¿Hay Ayuda Disponible para Refinanciar?
La SBA puede refinanciar todo o parte de hipotecas previas, siempre que estén registrados debidamente, cuando un solicitante (1) no califica para obtener fondos por otros medios, (2) ha sufrido daños de desastre sustanciales no compensados (del 40 por ciento o más del valor de la propiedad o del 50% o más del valor estructural), y (3) hay intención de reparar daños. • Negocios - Dueños de negocios pueden ser elegibles para refinanciar hipotecas en la propiedad inmobiliaria, maquinarias y equipos, hasta la cantidad del préstamo para reparar o reemplazar la propiedad inmobiliaria, maquinarias y equipos. • Hogares - Dueños de hogares pueden ser elegibles para el refinanciamiento de hipotecas existentes hasta la cantidad del préstamo para reparar o reemplazar la propiedad inmobiliaria. ¿Qué Ocurre si Decido Reubicarme?
Usted puede utilizar su préstamo para desastres de la SBA para reubicarse. La cantidad del préstamo de reubicación depende de si usted se reubicara voluntariamente o involuntariamente. Si usted está interesado en reubicarse, un representante de la SBA puede proveerle más detalles sobre su situación especifica.
¿Hay Algún Requerimiento de Seguro para los Préstamos?
Para la protección de cada prestatario y la Agencia, la SBA requiere a los prestatarios el obtener y mantener un seguro apropiado. Por ley, aquellos prestatarios los cuales sus propiedades damnificadas o propiedades de colateral están localizadas en un área especial de inundación, deben comprar y mantener seguros de inundación por el valor total asegurable de la propiedad por el término del préstamo.
Las solicitudes de préstamos para desastres pueden llenarse en línea utilizando el Portal de préstamos MySBA en https://lending.sba.gov o en los centros anunciados localmente. Si necesita ayuda adicional, póngase en contacto con el Centro de Servicio al Cliente de la SBA enviando un correo electrónico a [email protected] o por teléfono marcando 1-800-659-2955. Para las personas con discapacidades auditivas o del habla, favor de marcar 7-1-1 para tener acceso al servicio de retransmisión de telecomunicaciones.
Payment Register
City of Arvin APPKT00818 - FOR AP 10/15/2024
01 - Vendor Set 01
Bank: Maln Pool Ck - Main Checking - BOA
Vendor DBA Total Vendor Amount
Vendor Number 670.00
1733 AGILE OCCUPATIONAL MEDICINE, PC
Payment Type Payment Date Payment Amount
Payment Number
10/15/2024 670.00
Check Payable Date Due Date Discount Amount Payable Amount Payable Number Description 0.00 670.00
PRE EMPLOYMENT FOR PW 09/17/2024 09/17/2024
EM028596
Total Vendor Amount
Vendor Number Vendor DBA 87.38
1010 AMERICAN BUSINESS MACHINES
Payment Number Payment Date Payment Amount
Payment Type 87.38
10/15/2024
Check Payable Date Due Date Discount Amount Payable Amount Payable Number Description 0.00 87.38
165363 BUSINESS CARDS - MEGAN S, 09/23/2024 09/23/2024
Vendor Number Vendor DBA Total Vendor Amount
864.06
1150 AT&T Payment Amount
Payment Type Payment Number Payment Date
10/15/2024 864.06
Check Discount Amount Payable Amount
Payable Number Description Payable Date Due Date
9391033189 SERVICE 18.13.24-09.12.24 10/15/2024 10/15/2024 0.00 371.83 000022299775 10/15/2024 0.00 492.23
000022301537 9391056024 SERVICE 08.13.24-09.12.24 10/15/2024 Vendor DBA Total Vendor Amount
Vendor Number 423.05
1015 AT&T MOBILITY
Payment Type Payment Number Payment Date Payment Amount 10/15/2024 423.05
Check Discount Amount Payable Amount
Payable Number Description Payable Date Due Date
PW + COMM DEV + CH CELL PHONES 09.23.24-10.22.24 09/22/2024 09/22/2024 0.00 423.05 287251442687X09282024
Total Vendor Amount
Vendor Number Vendor DBA 5,016.00
1756 CALIFORNIA STAFFING SOLUTIONS INC.
Payment Type Payment Number Payment Date Payment Amount 10/15/2024 5,016.00
Check Payable Date Due Date Discount Amount Payable Amount Payable Number Description 0.00 5,016.00
PW TEMP STAFFING 09.09.24-09.15.24 09/18/2024 09/18/2024 3936
Total Vendor Amount
Vendor Number Vendor DBA 221.05
1720 CAPITAL INDUSTRIAL MEDICAL SUPPLY CO
Payment Type Payment Number Payment Date Payment Amount 10/15/2024 221.05
Check Payable Date Due Date Discount Amount Payable Amount Payable Number Description
10/04/2024 10/04/2024 0.00 208.14
34-202836 MEDICAL SUPPLIES TRANSIT
MEDICAL SUPPLIES TRANSIT 10/04/2024 10/04/2024 0.00 12.91 34-202837
Total Vendor Amount
Vendor Number Vendor DBA 5,264.84
1736 CHAPLIN AND HILL INVESTIGATIVE SERVICES LLC
Payment Type Payment Number Payment Date Payment Amount 10/15/2024 5,264.84
Check Discount Amount Payable Amount
Payable Number Description Payable Date Due Date
INVESTIGATION FOR SEPTEMBER 2024 10/08/2024 10/08/2024 0.00 5,264.84 24-20 05
10/15/2024 3:26:37 PM
APPKT00818 - FOR AP 10/15/2024
Payment Register
Vendor DBA Total Vendor Amount
Vendor Number 182,043.00
1052 CSJVRMA
Payment Type Payment Number Payment Date Payment Amount 10/15/2024 182,043.00
Check Discount Amount Payable Amount
Payable Number Description Payable Date Due Date
2024/25 2ND QUARTER 09/13/2024 09/13/2024 0.00 182,043.00 INV0080
Vendor DBA Total Vendor Amount
Vendor Number 30,046.50
1340 dba HODGES LAW GROUP
Payment Number Payment Date Payment Amount
Payment Type 10/15/2024 30,046.50
Check Payable Date Due Date Discount Amount Payable Amount Payable Number Description
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LEGAL FEES SEPTEMBER 202: LEGAL FEES SEPTEMBER 2024
Total Vendor Amount
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Payment Number Payment Date Payment Amount
Payment Type 10/15/2024 464.00
Check Discount Amount Payable Amount
Payable Number Description Payable Date Due Date
FINGERPRINT SVCS SEPTEMBER 2024 10/03/2024 10/03/2024 0.00 464.00 165652
Total Vendor Amount
Vendor Number Vendor DBA 10,570.88
1193 DIAMOND TECHNOLOGIES INC Payment Date
Payment Type Payment Number Payment Amount
10/15/2024 10,570.88
Check Discount Amount Payable Amount
Payable Number Description Payable Date Due Date
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36739 SECURECENTRIC + FIREWALL OCTOBER 2024 10/01/2024
AGREEMENT 0365 PD OCTOBER 2024 10/01/2024 10/01/2024 0.00 1,232.00 36740MS
Vendor DBA Total Vendor Amount
Vendor Number 340.00
1310 ERIC REYES GUERRA Payment Date
Payment Type Payment Number Payment Amount
10/15/2024 340.00
Check Payable Date Due Date Discount Amount Payable Amount Payable Number Description 10/11/2024 0.00 340.00
TRANSIT BUS WASH 10.11.24 10/11/2024
INVO314
Total Vendor Amount
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1070 GENERAL OFFICE Payment Date
Payment Number Payment Amount
Payment Type 10/15/2024 750.17
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MAINTENANCE CONTRACT 12.01.24-11.30.25 09/16/2024
23741
Total Vendor Amount
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1072 GRANITE CONSTRUCTION Payment Date Payment Amount
Payment Type Payment Number
10/15/2024 661.81
Check Payable Date Due Date Discount Amount Payable Amount Payable Number Description 0,00 661.81
1704 - 3/8 CMACOLDMIXSC3000 09/24/2024 09/24/2024
2808911
Total Vendor Amount
Vendor Number Vendor DBA 2,959.62
1372 GREGS PETROLEUM SERVICE INC Payment Amount
Payment Number Payment Date
Payment Type 2,959.62
10/15/2024
Check Payable Date Due Date Discount Amount Payable Amount Payable Number Description 0.00 2,723.59
COAF ARVIN FARM - EMERGENCY REPAIRS 09/25/2024 09/25/2024 485846 09/26/2024 09/26/2024 '0.00 236.03
486065 COA ARVIN FARM - EMERGENCY REPAIRS
10/15/2024 3:26:37 PM
Payment Register
Vendor Number Vendor DBA APPKT00818 - FOR AP 10/15/2024 1081 JIM BURKE FORD Total Vendor Amount
Payment Type Payment Number 1,792.61
Check Payment Date Payment Amount
Payable Number Description 10/15/2024 1,792.61
262239 Payable Date Due Date Discount Amount Payable Amount VEHICLE WILL OT START - RECHECK VEHICLE 09/16/2024 09/16/2024
0.00 1,792.61
Vendor Number Vendor DBA
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Payment Type Payment Number
Check Payment Date Payment Amount
Payable Number Description 10/15/2024
2744 Payable Date Due Date Discount Amount Payable Amount ACUTE PEDIATRIC EXAM 10/03/2024 10/03/2024
1,500.00
Vendor Number Vendor DBA
1328 KERN MEDICAL CENTER KERN COUNTY HOSPITAL AUTH Total Vendor Amount Payment Type Payment Number 98.60
Check Payment Date Payment Amount
Payable Number Description 10/15/2024 98.60
8000000837 VENIPUNCTURE 09.10.24 Payable Date Due Date Discount Amount Payable Amount 09/10/2024 09/10/2024 0.00 98.60
Vendor Number Vendor DBA
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Payment Type Payment Number 574.60
Check Payment Date Payment Amount
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53086 Payable Date Due Date Discount Amount Payable Amount RECEIPTS, CB BONDS 09/19/2024 09/19/2024
0.00 574.60
Vendor Number Vendor DBA
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Check Payment Date Payment Amount
Payable Number Description 10/15/2024 830.06
162829 Payable Date Due Date Discount Amount Payable Amount WEED WACKER STRING 09/18/2024 09/18/2024
0.00 830.06
Vendor Number Vendor DBA
1793 KW INVESTIGATIONS Total Vendor Amount
Payment Type Payment Number 3,699.00
Check Payment Date Payment Amount
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00001 Payable Date Due Date Discount Amount Payable Amount SKELLY HEARING INVESTIGATION 09/14/2024 09/14/2024
3,699.00
Vendor Number Vendor DBA
1168 LOWES Total Vendor Amount
Payment Type Payment Number 128.23
Check Payment Date Payment Amount
Payable Number Description 10/15/2024 128.23
64246856 Payable Date Due Date Discount Amount Payable Amount VETERAN'S HALL DOLLY 09/24/2024 09/24/2024
866726637 SMOTHERMON PARK CUSTODIAL ROOM 105.37
09/25/2024 09/25/2024
Vendor Number Vendor DBA
1332 MADLAND TOYOTA LIFT INC Total Vendor Amount
Payment Type Payment Number 1,430.00
Check Payment Date Payment Amount
Payable Number Description 10/15/2024 1,430.00
14003971 Payable Date Due Date Discount Amount Payable Amount UNT 211 EFFICIENCY BELOW NORMAL 09/14/2024 09/14/2024
14003992 0.00 910.00
UNIT 110 REPLACE SECONDARY BATTERY 09/14/2024 09/14/2024
0.00 520.00
10/15/2021 3:26:37 PM
APPKT00818 - FOR AP 10/15/2024
Payment Register Total Vendor Amount
Vendor Number Vendor DBA 506.61
1247 MOBILE AG AND INDUSTRIAL SUPPLY Payment Date Payment Amount Payment Type Payment Number
10/15/2024 506.61
Check Discount Amount Payable Amount
Payable Number Description Payable Date Due Date
09/18/2024 09/18/2024 0.00 506.61
118645 PPE FOR STAFF
Total Vendor Amount
Vendor Number Vendor DBA 1,709.33
1102 MOUNTAINSIDE DISPOSAL
Payment Number Payment Date Payment Amount
Payment Type 1,709.33
10/15/2024
Check Payable Date Due Date Discount Amount Payable Amount Payable Number Description 0.00 1,709.33
BIN RENT AND 4 YD ROLL OFF SEPTEMBER 2024 10/15/2024 10/15/2024 N4855106795
Total Vendor Amount
Vendor Number Vendor DBA 611.24
1184 OREILLY AUTOMOTIVE INC Payment Date
Payment Amount
Payment Type Payment Number 611.24
10/15/2024
Check Payable Date Due Date Discount Amount Payable Amount Payable Number Description 0.00 71.96
4451-387523 WIPER BLADES 08/12/2024 08/12/2024
FUEL CAP 08/20/2024 08/20/2024
4451-389403 09/09/2024
1451-393922 VALVE CAP 09/09/2024
BATTERY FOR TRANSIT 09/13/2024 09/13/2024 180.28
9451-394841 09/17/2024
1451-395747 MATERIAL TO CLEAN OIL SPILL 09/17/2024
09/24/2024 09/24/2024 0.00 227.10
9451-397193 2.5 GAL, MOTOR OIL, FLOOR DRY
Total Vendor Amount
Vendor Number Vendor DBA 25.00
1110 PACIFIC TIRE ARVIN Payment Date Payment Amount
Payment Type Payment Number 10/15/2024 25.00
Check Payable Date Due Date Discount Amount Payable Amount Payable Number Description
09/24/2024 09/24/2024 0.00 25.00
36259 UNIT 320 TIRE REPAIR
Total Vendor Amount
Vendor Number Vendor DBA 2,001.00
1108 PG & E Payment Date
Payment Amount
Payment Type Payment Number 10/15/2024 2,001.00
Check Payable Date Due Date Discount Amount Payable Amount Payable Number Description 0.00 1,705.33
5299823039-6 09.23.24-09.3 5299823039-6 09.23.24-09.30.24 10/01/2024 10/01/2024 09/30/2024 09/30/2024 0.00 295.67
8440977428-2. 08.30.24-09.3 8440977428-2 08.30.24-09.30.24 Total Vendor Amount
Vendor Number Vendor DBA 2,850.00
POPICHAK ENVIRONMENTAL CONSULTING & TRAINING
Payment Date Payment Amount
Payment Type Payment Number 10/15/2024 2,850.00
Description Payable Date Due Date Discount Amount Payable Amount Payable Number 10/01/2024 10/01/2024 0.00 2,850.00
OCTOBER 2024 OCTOBER 2024 CONSULTING
Total Vendor Amount
Vendor Number Vendor DBA 502.25
1112 PURCHASE POWER Payment Date Payment Amount
Payment Type Payment Number 502.25
10/15/2024
Check Payable Date Due Date Discount Amount Payable Amount Payable Number Description 502.25
10/14/2024 10/14/2024 0.00
METER ADD 10.11.24 METER ADD 10.11.24
Total Vendor Amount
Vendor Number Vendor DBA 385.49
ReadyRefresh Payment Date Payment Amount
Payment Type Payment Number 385.49
10/15/2024
Payable Date Due Date Discount Amount Payable Amount
Payable Number 09/28/2024 09/28/2024 0.00 385.49
WATER DELIVERY 08.27.24- WATER DELIVERY 08.27.24 - 09.26.24
10/15/2024 3:26:37 PM
APPКT00818 - FOR AP 10/15/2024
Payment Register
Total Vendor Amount
Vendor Number Vendor DBA 122.62
1123 SO CAL GAS CO
Payment Date Payment Amount
Payment Type Payment Number
10/15/2024 122.62
Check Payable Date Due Date Discount Amount Payable Amount Payable Number Description
09/26/2024 09/26/2024 0.00 122.62
SERVICES 08.22.24-09.24.24 SERVICES 08.22.24-09.24.24
Total Vendor Amount
Vendor Number Vendor DBA
1,711.14
1125 SPARKLE TEXTILE RENTAL SERVICE
Payment Date Payment Amount
Payment Type Payment Number
10/15/2024 1,711.14
Check Discount Amount Payable Amount
Payable Number Description Payable Date Due Date
10/15/2024 10/15/2024 0.00 1,711.14
UNIFORM SERVICES SEPTEM UNIFORM SERVICES SEPTEMBER 2024 Total Vendor Amount
Vendor Number Vendor DBA 353,642.25
1774 STOCKBRIDGE GENERAL CONTRACTING INC.
Payment Date Payment Amount
Payment Type Payment Number
10/15/2024 353,642.25
Check Discount Amount Payable Amount
Payable Date Due Date
Payable Number Description 09/19/2024 0.00 353,642.25
KOVACEVICH PARK IMPROVEMENTS 09/19/2024
002
Total Vendor Amount
Vendor Number Vendor DBA 55.00
1131 TEL-TEC SECURITY SYSTEMS Payment Date
Payment Amount
Payment Type Payment Number
10/15/2024 55.00
Check Discount Amount Payable Amount
Payable Number Description Payable Date Due Date
ARVIN ADOBE COMPLEX FIRE MONITORING OCT, 2024 10/01/2024 10/01/2024 0.00 55.00 861010
Total Vendor Amount
Vendor Number Vendor DBA 1,531.20
1662 TimeClock Plus, LLC Payment Date Payment Amount
Payment Type Payment Number
Check Payable Date Due Date iscount Amount Payable Amou Payable Number Description 1,531.20
INV00372518 SCHEDULE ANYWHERE LICENSE 09.29.24-09.28.25 09/19/2024 09/19/2024 Total Vendor Amount
Vendor Number Vendor DBA 517.55
1195 TRAFFIC MANAGEMENT INC Payment Date Payment Amount Payment Type Payment Number 517.55
10/15/2024
Check Payable Date Due Date Discount Amount Payable Amount Payable Number Description
09/17/2024 09/17/2024 226.66
06-110321 STREET SIGNS
09/17/2024 09/17/2024 0.00 246.68
06-110334 STREET SIGNS 0.00
LIME VEST ULTRA COOL MESH 09/25/2024 09/25/2024 44.21
06-110528
Total Vendor Amount
Vendor Number Vendor DBA 8,615.69
1700 UNITED RENTALS INC
Payment Date Payment Amount
Payment Type Payment Number 8,615.69
10/15/2024
Check Discount Amount Payable Amount
Description Payable Date Due Date
Payable Number SKID STEER TRACK LOADER 10/05/2024 10/05/2024 8,615.69 229076235-015
Total Vendor Amount
Vendor Number Vendor DBA 13,846.31
1145 VEOLIA WATER NORTH AMERICA MAINT NOTE
Payment Date Payment Amount
Payment Type Payment Number 13,846.31
Check Discount Amount Payable Amounte
Payable Number Description Payable Date Due Date
PASSTHROUGH WASTEWATER TREATMENT AUGUSUT 20: 09/19/2024 09/19/2024 13,846.31 2000176419
10/15/2024 3:26:37 PM
APPKT00B18 - FOR AP 10/15/2024
Payment Register
Vendor DBA Total Vendor Amount
Vendor Number 689.88
1723 VERIZON WIRELESS 609123961 7
Payment Type Payment Number Payment Date Payment Amount 10/15/2024 689.88
Check Payable Date Due Date Discount Amount Payable Amount Payable Number Description 0.00
PW CELLPHONES 08.26.24-09.25.24 09/25/2024 09/25/2024 689.88 9974776570
Vendor DBA Total Vendor Amount
Vendor Number 1,288.36
1140 VERIZON WIRELESS 6091239615
Payment Type Payment Number Payment Date Payment Amount 10/15/2024 1,288.36
Check Discount Amount Payable Amount
Payable Number Description Payable Date Due Date
ARVIN PD CELL PHONES 08.26.24-09.25.24 09/25/2024 09/25/2024 0.00 1,288.36 9974776568
Total Vendor Amount
Vendor Number Vendor DBA 848.30
1139 VERIZON WIRELESS 609123961 6
Payment Type Payment Number Payment Date Payment Amount 10/15/2024 848.30
Check Discount Amount Payable Amount
Payable Number Description Payable Date Due Date
ARVIN PD AIR CARDS 08.26.24-09.25.24 09/25/2024 09/25/2024 0.00 848.30 9974776569
Total Vendor Amount
Vendor Number Vendor DBA 576.30
1186 VERIZON WIRELESS 6420233052
Payment Type Payment Number Payment Date Payment Amount 10/15/2024 576.30
Check Discount Amount Payable Amount
Payable Number Description Payable Date Due Date
TRANSIT SVCS 08.29.24-09.28.24 09/28/2024 09/28/2024 0.00 576.30 9975000528
Vendor Number Vendor DBA Total Vendor Amount
485.00
1259 VINCENTE MEDRANO
Payment Type Payment Number Payment Date Payment Amount 10/15/2024 485.00
Check Payable Date Due Date Discount Amount Payable Amount Payable Number Description
PER DIEM FOR TRAINING OC PER DIEM FOR TRAINING OCT 21-25 08/21/2024 08/21/2024 0.00 485.00 Total Vendor Amount
Vendor Number Vendor DBA 79.52
1210 WAGEWORKS INC
Payment Type Payment Number Payment Date Payment Amount 10/15/2024 79.52
Check Payable Date Due Date Discount Amount Payable Amount Payable Number Description
10/15/2024 10/15/2024 0.00 79.52
0924-TR39927 C2791 MNTHLY COMPLIANCE FEE COBRA SEPT.2024 Total Vendor Amount
Vendor Number Vendor DBA 137.90
1142 WELLS FARGO LEASE PMTS
Payment Type Payment Number Payment Date Payment Amount 10/15/2024 137.90
Check Payable Date Due Date Discount Amount Payable Amount Payable Number Description 0.00 137.90
COMM DEV LEASE 09.21.24-10.20.24 09/25/2024 09/25/2024
5031493273
Bank: PY - Payroll Vendor Payables
Total Vendor Amount
Vendor Number Vendor DBA 40.98
1003 AFLAC
Payment Type Payment Date Payment Amount
Payment Number
10/15/202 40.98
Check Payable Date Due Date Iscount Amount Payable Amour Payable Number Description
09/27/2024 09/27/2024 0.00 20.49
INV0001376 AFLAC 0.00 20.49
INVO001401 AFLAC 10/11/2024 10/11/2024
10/15/2024 3:26:37 PM
APPKT00818 - FOR AP 10/15/2024
Payment Register
Vendor DBA Total Vendor Amount
Vendor Number 217.46
1006 ALLSTATE
Payment Type Payment Number Payment Date Payment Amount 10/15/2024 217.46
Check Discount Amount Payable Amount
Payable Number Description Payable Date Due Date
ALLSTATE 09/27/2024 09/27/2024 0.00 108.73
INV0001377 10/11/2024 0.00 108.73
INV0001402 ALLSTATE 10/11/2024
Vendor Number Vendor DBA Total Vendor Amount
ARVIN POLICE OFFICERS 900.00
1013 Payment Date Payment Amount
Payment Type Payment Number
10/15/2024 900.00
Check
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 10/11/2024 10/11/2024 900.00
INVO001403 APOA Dues
Vendor DBA Total Vendor Amount
Vendor Number 1,106.95
1017 CENTRAL CALIFORNIA ASSOC OF PUBLIC EMPLOYEES
Payment Type Payment Number Payment Date Payment Amount 10/15/2024 1,106.95
Check Discaunt Amount Payable Amount
Payable Number Description Payable Date Due Date
10/11/2024 10/11/2024 0.00 27.00
INV0001404 SEIU Dues
10/11/2024 10/11/2024 0.00 1,079.95
INVO001405 SEIU Dues
Total Vendor Amount
Vendor Number Vendor DBA 575.00
1312 FRANCHISE TAX BOARD
Payment Type Payment Number Payment Date Payment Amount 10/15/2024 275.00
Check Payable Date • Due Date Discount Amount Payable Amount Payable Number Description
10/11/2024 11/15/2024 0.00 275.00
INVO001407
10/15/2024 300.00
Check Payable Date Due Date Discount Amount Payable Amount Payable Number Description
10/11/2024 11/15/2024 0.00 300.00
INV0001408
10/15/2024 3:26:37 PM
APPKT00818 - FOR AP 10/15/2024
Payment Register
Payment Summary
Payable Payment
Bank Code Count Count Discount Paymer
Check 61 46 0.00 43,173.4
Main Pool Ck 643,173.40
Packet Totals: 61 46 0.00
Payable Payment
Bank Code Count Count Discount Payment
Type 0.00 2,840.39
PY Check
Packet Totals: 0.00 2,840.39
10/15/2024 3:26:37 PM
APPKT00818 - FOR AP 10/15/2024
Payment Register
Cash Fund Summary
Name Amount
Fund
90 Main Pooled Cash Fund -646,013.79
Packet Totals: -646,013.79
Page of o
10/15/2024 3:26:37 PM
Payment Register
TARIN
APPKT00822 - AP FOR 10/22/24
City of Arvin
01 - Vendor Set 01
Bank: Main Pool Ck - Maln Checking - BOA
Total Vendor Amount
Vendor Number Vendor Name 21,249.00
1606 QUANTUM FARMS LIC Payment Date Payment Amount
Payment Type Payment Number
10/22/2024 21,249.00
Check Payable Date Due Date Discount Amount Payable Amount Payable Number Description 0.00 21,249.00
EMERGENCY REPAIRS 09.09.24-10.11.24 10/14/2024 10/14/2024 12 Total Vendor Amount
Vendor Number Vendor Name 67,594.55
1730 RHOMBUS ENERGY SOLUTIONS INC Payment Date Payment Amount Payment Type Payment Number
10/22/2024 67,594.55
Check Discount Amount Payable Amount
Payable Number Description Payable Date Due Date 0.00 67,594.55 EV CHARGING DISPENSER 10/22/2024 10/22/2024
INVO001417
Total Vendor Amount
Vendor Number Vendor Name 5,600.00
1784 THE EVSTRUCTURE, INC. Payment Date Payment Amount
Payment Type Payment Number 10/22/2024 5,600.00
Check Payable Date Due Date Discount Amount Payable Amount Payable Number Description 5,600.00
10/22/2024 10/22/2024 0.00
INV0001416 INSTALL BUS CHARGERS
10/22/2024 4:15:35 PM
APPKT00822 - AP FOR 10/22/24
Payment Register
Payment Summary
Payable Payment
Type Count count Discount Payment
Bank Code
Main Pool Ck Check 94,443.55
0.00 94,443.55
Packet Totals:
10/22/2024 4:35:55 PM
APPKT00822 - AP FOR 10/22/24
Payment Register
Cash Fund Summary
Fund Name Amount
90 Main Pooled Cash Fund -94,443.55
Packet Totals: -94,443.55
10/22720244:15:35 PM
Payment Register
City of Arvin APPKT00829 - FOR AP 10/24/2024
01 - Vendor Set 01
Bank: Main Pool Ck - Main Checking - BOA
Vendor Number Vendor DBA
1796 Total Vendor Amount
BOVEE ENVIRONMENTAL MANAGEMENT, INC. 475.00
Payment Type Payment Number Payment Date Payment Amount Check 10/24/2024
Payable Number Description 475.00
Payable Date Due Date Discount Amount payable A47500
68191 SITE INSPECTION, SAMPLE COLLECTION 10/21/2024 10/21/2024 475.00 Vendor Number Vendor DBA Total Vendor Amount
1255 BRANDONS TRANSMISSION 4,442.59
Payment Type Payment Number Payment Date Payment Amount Check 10/24/2024
Payable Number Description 4,442.59
Payable Date Due Date Discount Amount Payable Amount
INVO001415 2018 FREIGHTLINER DOSSER PUMP 10/15/2024 10/15/2024 4,442.59 Vendor Number Vendor DBA Total Vendor Amount
1756 CALIFORNIA STAFFING SOLUTIONS INC.
Payment Type 9,747.00
Payment Number Payment Date Payment Amount
Check 10/24/2024 9,747.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 3935 PW TEMP STAFF 09.02.24-09.08.24 09/18/2024 09/18/2024 0.00 4,104.00 3949 PW TEMP STAFFING 09.16.24-09.22.24 10/02/2024 10/02/2024 0.00 5,643.00 Vendor Number Vendor DBA Total Vendor Amount
1720 CAPITAL INDUSTRIAL MEDICAL SUPPLY CO 425.81
Payment Type Payment Number Payment Date Payment Amount Check 10/24/2024
Payable Number 425.81
Description Payable Date Due Date Discount Amount Payable Amount 202877 MEDICAL SUPPLIES FOR FIRST AID BOX@ COMM. CENTEF 10/17/2024 10/17/2024 0.00 269.64 202878 PW MEDICAL SUPPLIES 10/17/2024 10/17/2024 0.00 156.17 Vendor Number Vendor DBA Total Vendor Amount
1736 CHAPLIN AND HILL INVESTIGATIVE SERVICES LLC 7,337.14 Payment Type Payment Number Payment Date Payment Amount Check 10/24/2024 7,337.14
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 24-1505 PD INVESTIGATION SEPTEMBER 2024 10/08/2024 10/08/2024 0.00 7,337.14 Vendor Number Vendor DBA Total Vendor Amount
1045 CLARK PEST CONTROL OF STOCKTON 225.00
Payment Type Payment Number Payment Date
Payment Amount
Check 10/24/2024 225.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 36182247 800 WALNUT DR PEST AWAY SERVICE 10.02.24 10/02/2024 10/02/2024 0.00 124.00 36182295 414 4TH AVE PEST AWAY SERVICES 10.02.24 10/02/2024 10/02/2024 0.00 101.00 Vendor Number Vendor DBA Total Vendor Amount
1204 COMPLETE HARDWARE STORE AND MORE 175.56
Payment Type Payment Number Payment Date Payment Amount Check 10/24/2024 175.56
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 544815 2"X 60 BLUE MASK TAPE 09/09/2024 09/09/2024 0.00 13.30 545681 60 IP MOTEER MIX 09/17/2024 09/17/2024 0.00 12.97 545927 FLEXON 5/8 IN 09/19/2024 09/19/2024 0.00 54.11
547236 ADOBE COMPLEX SUITE Y AIR WICK / PINE SOL 10/02/2024 10/02/2024 0.00 28.10 10/24/2024 2:46:12 PM
Payment Register APPKT00829 - FOR AP 10/24/2024
547985 ADJ BRASS TO CLEAN SWEEPER 10/09/2024 10/09/2024 0.00 23.26 548069 GROOVE LOCK AND WRENCH FOR SHOP USE 10/10/2024 10/10/2024 0.00 43.82 Vendor Number Vendor DBA Total Vendor Amount
1417 dba ARVIN AUTO 3,078.94
Payment Type Payment Number Payment Date Payment Amount Check 10/24/2024 3,078.94
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 8952 UNIT 401 OIL CHANGE / FILTER REPLACEMENT 10/02/2024 10/02/2024 0.00 176.46 8955 UNIT 281 VALVE TIMING SOLENOID 10/05/2024 10/05/2024 0.00 834.39 8956 UNIT 293 FUEL TANK PRESSURE SENSOR 10/05/2024 10/05/2024 0.00 2,068.09 Vendor Number Vendor DBA Total Vendor Amount
1331 dba CURTIS BLUE LINE 2,899.66
Payment Type Payment Number Payment Date Payment Amount Check 10/24/2024 2,899.66
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV871399 HARDWIRE ARMOR FOR JONATHAN M. 09/30/2024 09/30/2024 0.00 1,449.83 INV872503 HARDWIRE ARMOR FOR BRYAN C. 10/03/2024 10/03/2024 0.00 1,449.83 Vendor Number Vendor DBA Total Vendor Amount
1193 DIAMOND TECHNOLOGIES INC 8,593.89
Payment Type Payment Number Payment Date Payment Amount Check 10/24/2024 8,593.89
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 36829 ARVIN PD INVESTIGATION AUG 2024 LAPTOPS 10/07/2024 10/07/2024 0.00 8,593.89 Vendor Number Vendor DBA Total Vendor Amount
1310 ERIC REYES GUERRA 2,155.00
Payment Type Payment Number Payment Date Payment Amount Check 10/24/2024 2,155.00
Payable Number Description Payable Date Due Date DIscount Amount Payable Amount INVO309 APD FLEET WASH 09.24.24 09/24/2024 09/24/2024 0.00 550.00 INVO311 APD FLEET WASH 10.01.24 10/01/2024 10/01/2024 0.00 600.00 INVO313 APD FLEET WASH/ JAIL CELLS PRESSURE WASH 10/10/2024 10/10/2024 0.00 1,005.00 Vendor Number Vendor DBA Total Vendor Amount
1100 FERNANDO LOPEZ 320.00
Payment Type Payment Number Payment Date Payment Amount Check 10/24/2024 320.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount
10.22.24 INTERPRETER SERVICES 10.22.24 10/22/2024 10/22/2024 0.00 320.00 Vendor Number Vendor DBA Total Vendor Amount
1070 GENERAL OFFICE 561.44
Payment Type Payment Number Payment Date Payment Amount Check 10/24/2024 561.44
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 23824 METER READING 08.01.24-10.01.24 PD 10/04/2024 10/04/2024 0.00 48.76 23825 METER READING APD & COMM 09.01.24-10.01.24 10/04/2024 10/04/2024 0.00 512.68 Vendor Number Vendor DBA Total Vendor Amount
1372 GREGS PETROLEUM SERVICE INC 4,366.71
Payment Type Payment Number Payment Date Payment Amount Check 10/24/2024 4,366.71
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 486980 COA PUBLIC WORKS FUEL 09/30/2024 09/30/2024 0.00 500.71 487427 COA EMERGENCY REAPIRS 10/01/2024 10/01/2024 0.00 3,034.80 487507 COA EMERGENCY REPAIRS 10/02/2024 10/02/2024 0.00 247.36 487508 COA EMERGENCY REPAIRS 10/02/2024 10/02/2024 0.00 583.84 10/24/2024 2:46:12 PM Page 2 of 7
APPKT00829 - FOR AP 10/24/2024
Payment Register
Vendor DBA Total Vendor Amount
Vendor Number 89,151.01
1552 HARBOR PLUMBING COMPANY
Payment Date Payment Amount
Payment Type Payment Number
10/24/2024 89,151.01
Check
Payable Date Due Date Discount Amount Payable Amount
Payable Number Description
SMOTHERMON PARK DRAW REQUEST 09/12/2024 09/12/2024 0.00 30,000.00 728653 58,666.01
REPLACED ALL FIXTURES IN RESTROOMS @SMOTHERMOI 09/20/2024 09/20/2024 0.00 728653.1 10/01/2024 0.00 485.00
728672 RAN HYDRO JET @VET'S HALL BACKED UP WITH GREASE 10/01/2024 Total Vendor Amount
Vendor Number Vendor DBA
6,204.54
1754 J & E RESTAURANT SUPPLY INC
Payment Date Payment Amount
Payment Type Payment Number
Check Discount Amount Payable Amount
Payable Number
INDUSTRIAL ICE MAKER+ICE BIN+WATER FILTER MANIFOL 06/26/2024 06/26/2024 INV0001254
Total Vendor Amount
Vendor Number Vendor DBA 8,643.75
1153 JAS PACIFIC
Payment Type Payment Number Payment Date Payment Amount 10/24/2024 8,643.75
Check Payable Date Due Date Discount Amount Payable Amount Payable Number Description 10/05/2024 0.00 8,643.75
PLANNING SVCS SEPTEMBER 2024 10/05/2024
PC 7206
Vendor Number Vendor DBA Total Vendor Amount
1,749.70
1081 JIM BURKE FORD
Payment Type Payment Number Payment Date Payment Amount 10/24/2024 1,749.70
Check Payable Date Due Date Discount Amount Payable Amount Payable Number Description 0.00 1,749.70
UNIT 999 BATTERY REPLACED / INSPECTION 08/28/2024 08/28/2024 259981
Total Vendor Amount
Vendor Number Vendor DBA 649.50
1646 JOE'S RENTAL
Payment Type Payment Number Payment Date Payment Amount 10/24/2024 649.50
Check DIscount Amount Payable Amount
Payable Number Description Payable Date Due Date
09/27/2024 09/27/2024 0.00 324.75
465 FORKLIFT RENTAL
10/01/2024 10/01/2024 0.00 324.75
467 FORKLIFT RENTAL
Total Vendor Amount
Vendor Number Vendor DBA 450.00
1799 JUAN HERNANDEZ GARCIA Payment Date Payment Amount
Payment Type Payment Number
10/24/2024 450.00
Check Payable Date Due Date Discount Amount Payable Amount Payable Number Description 0.00 450.00
REIMBURSEMENT FOR VET'S REIMBURSEMENT FOR VET'S HALL FOR $450 10/11/2024 10/11/2024 Vendor Number Vendor DBA Total Vendor Amount
KERN COUNTY BEES 975.00
1780 Payment Date Payment Amount
Payment Type Payment Number
10/24/2024 975.00
Check Payable Date Due Date Discount Amount Payable Amount Payable Number Description
LIVE BEE REMOVAL @DIGIORGIO PARK SNACK BAR 09/13/2024 09/13/2024 0.00 975.00 2416
Total Vendor Amount
Vendor Number Vendor DBA 192.65
1164 KERN MACHINERY
Payment Type Payment Number Payment Date Payment Amount 10/24/2024 192.65
Check Payable Date Due Date Discount Amount Payable Amount Payable Number Description 192.65
PPE FOR PW STAFF 09/25/2024 09/25/2024 0.00
101-1189741
10/24/2024 2:46:12 PM
APPKT00829 - FOR AP 10/24/2024
Payment Register
Vendor Number Vendor DBA Total Vendor Amount
KERN PRINT SERVICES 529.45
1092
Payment Type Payment Number Payment Date Payment Amount 10/24/2024 529.45
Check
Payable Number Description Payable Date Due Date Discount Amount Payable Amount NOTICE TO REMOVE VEHICLE SLIPS 09/24/2024 09/24/2024 0.00 423.25 53328 106.20
53347 PERFORATED PAPER 09/24/2024 09/24/2024 0.00
Total Vendor Amount
Vendor Number Vendor DBA 520.00
1800 MARIA QUINTINO
Payment Type Payment Number Payment Date Payment Amount 10/24/2024 520.00
Check Discount Amount Payable Amount
Payable Number Description Payable Date Due Date
REIMBURSEMENT FOR VET'S REIMBURSEMENT FOR VET'S HALL FOR $520 10/17/2024 10/17/2024 0.00 520.00 Vendor Number Vendor DBA Total Vendor Amount
PACIFIC TIRE ARVIN 60.00
1110
Payment Type Payment Number Payment Date Payment Amount 10/24/2024 60.00
Check DIscount Amount Payable Amount
Payable Number Description Payable Date Due Date
UNIT 281 BALANCE TIRES 10/04/2024 10/04/2024 0.00 60.00 36334
Vendor Number Vendor DBA Total Vendor Amount
580.00
1343 PATRICIA CAMACHO
Payment Type Payment Number Payment Date Payment Amount 10/24/2024 580.00
Check Payable Date Due Date Discount Amount Payable Amount Payable Number Description
REIMBURSEMENT FOR VET'S REIMBURSEMENT FOR VET'S HALL FOR $580 10/11/2024 10/11/2024 0.00 580.00 Vendor DBA Total Vendor Amount
Vendor Number 137.01
1170 PETTY CASH ELSA CARDOSO GUZMAN
Payment Type Payment Number Payment Date Payment Amount 10/24/2024 137.01
Check Discount Amount Payable Amount
Payable Number Description Payable Date Due Date
PETTY CASH FOR PD 10/22/2024 10/22/2024 0.00 137.01
PETTY CASH FOR PR
Vendor Number Vendor DBA Total Vendor Amount
QUAD KNOPF INC 20,456.76
1346 Payment Date Payment Amount
Payment Type Payment Number
10/24/2024 20,456.76
Check Payable Date Due Date Discount Amount Payable Amount Payable Number Description
KOVACEVICH PARK CONSTRUCTION 08.18.24-09.14.24 09/25/2024 09/25/2024 0.00 18,895.26 124877 09/25/2024 09/25/2024 0.00 1,045.50
124985 ON CALL LAND SURVEYING 08.18.24-09.14.24 0.00 516.00 124993 ON-CALL PROF SERVICES 08.18.24-09.14.24 09/26/2024 09/26/2024 Total Vendor Amount
Vendor Number Vendor DBA 2,161.28
1117 RCN TECHNOLOGIES Payment Date Payment Amount
Payment Type Payment Number
10/24/2024 2,161.28
Check Payable Date Due Date Discount Amount Payable Amount Payable Number Description
1 YR RENEWAL NETCLOUD 10/24/2024 10/24/2024 0.00 2,161.28 INV0001419
Total Vendor Amount
Vendor Number Vendor DBA
ROBERT HALF 1,293.60
1596 Payment Date Payment Amount
Payment Type Payment Number
10/24/2024
Check Payable Date Due Date Discount Amount Payable Amount Payable Number Description
64208498 WEEK ENDING 10.18.24 FOR JAZMIN C. 10/21/2024 10/21/2024
10/24/2024 2:46:12 PM
Payment Register APPKT00829 - FOR AP 10/24/2024
Vendor Number Vendor DBA Total Vendor Amount
SELF HELP ENTERPRISES 6,605.77
1200
Payment Type Payment Number Payment Date Payment Amount 10/24/202 4,000.00
Check
vable Numb Description Payable Date Due Date iscount Amount Payable Amoun 24 CDBG NOI 2024 CDBG NOFA APPLICATION 09/26/2024 09/26/2024 0.00 4,000.00 10/24/2024 612.13
Check Discount Amount Payable Amount
ayable Numbe Description Payable Date Due Date
22-CDBG-NH-00002 AUGUST 2024 09/25/2024 09/25/2024 0.00 612.13 UGUST 202
10/24/2024 1,993.64
Check Discount Amount Payable Amount
Payable Number Descriptlon Payable Date Due Date
22-CDBG-HA-10029 09/25/2024 09/25/2024 0.00 1,993.64
AUGUST-2024
Vendor Number Vendor DBA Total Vendor Amount
41.22 1122 SIRCHIE
Payment Type Payment Number Payment Date Payment Amount 10/24/2024 41.22
Check
Payable Number Description Payable Date Due Date Discount Amount Payable Amount EVIDENCE RED TAPE 09/27/2024 09/27/2024 0.00 41.22
0665768-IN
Vendor Number Vendor DBA Total Vendor Amount
TRAFFIC MANAGEMENT INC 584,55
1195
Payment Type Payment Number Payment Date Payment Amount 10/24/2024 584.55
Check
Payable Number Description Payable Date Due Date Dscount Amount Payable mass STREET SIGNS 08/28/2024 08/28/2024 0.00
06-109827
Vendor Number Vendor DBA Total Vendor Amount
VEOLIA WATER NORTH AMERICA MAINT NOTE 154,863.86
1145 Payment Date Payment Amount
Payment Type Payment Number
10/24/2024 154,863.86
Check Discount Amount Payable Amount
Payable Number Description Payable Date Due Date
0 & M SERVICES WASTEWATER SEPTEMBER 2024 10/01/2024 10/01/2024 0.00 154,863.86 9000178661
Vendor DBA Total Vendor Amount
Vendor Number 170,689.19
1201 WESTERN ALLIANCE BANK LOAN PMT
Payment Type Payment Number Payment Date Payment Amount 10/24/2024 170,689.19
Check Discount Amount Payable Amount
Payable Number Description Payable Date Due Date
10/01/2024 10/01/2024 0.00 170,689.19
04500161025-61026 11.01.2 04500161025-61026 11.01.24
Vendor DBA Total Vendor Amount
Vendor Number 500.00
1794 WILIAMS MONUMENT COMPANY Payment Amount
Payment Type Payment Number Payment Date
10/24/2024 500.00
Payable Date Due Date Discount Amount Payable Amount
Payable Number escriptio
H SAND OFF TEXT TO BRONZE SHIN 09/25/2024 09/25/2024 0.00 500.00
10/24/2024 2:46:12 PM
Payment Register APPKT00829 - FOR AP 10/24/2024
Payment Summary
Payable Payment
Bank Code Count Count Discount Payment
Main Pool Ck Check 38 0.00 511,842.58
Packet Totals: 61 38 0.00 511,842.5B
10/24/20242:16:12 PM
Payment Register APPKT00829 - FOR AP 10/24/2024
Cash Fund Summary
Fund Name Amount
90 Main Pooled Cash Fund -511,842.58
Packet Totals: -511,842.58
10/2482024 2:16:12 PM
Payment Register
City of Arvin APPKT00836 - FOR AP 10/30/2024
01 - Vendor Set 01
Bank: Main Pool Ck - Maln Checking - BOA
Vendor Number Vendor DBA Total Vendor Amount
1288 BAKERSFIELD PAINT AND WALLPAPER 728.38
Payment Type Payment Number Payment Date Payment Amount 10/30/2024 728.38
Check
Payable Number Description Payable Date Due Date Dlscount Amount Payable Amount ADOBE COMPLEX KIOSK - PAINT 10/15/2024 10/15/2024 0.00 728.38 L0030597
Vendor Number Vendor DBA Total Vendor Amount
BLUE SHIELD OF CALIFORNIA 22,878.42
1026
Payment Type Payment Number Payment Date Payment Amount Check 10/30/2024 22,878.42
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 242880131474 MEDICAL NOVEMBER 2024 10/14/2024 10/14/2024 22,878.42 Vendor Number Vendor DBA Total Vendor Amaunt
CALED 620.00
1041
Payment Type Payment Number Payment Date Payment Amount Check 10/30/2024 620.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount ASSOCIATE MEMBERSHIP BASED ON POPULATION 08/21/2024 08/21/2024 0.00 620.00 300005859
Vendor Number Vendor DBA Total Vendor Amount
CALIFORNIA STAFFING SOLUTIONS INC. 7,695.00
1756
Payment Type Payment Number Payment Date Payment Amount Check 10/30/2024 7,695.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount TEMP STAFFING FOR PW 09.23.24-09.29.24 10/02/2024 10/02/2024 0.00 4,531.50 3950
TEMP STAFFING FOR PW 09.30.24-10.06.24 10/11/2024 10/11/2024 0.00 3,163.50 3965
Vendor Number Vendor DBA Total Vendor Amount
CHRISTINE VITERELLI 291.88
Payment Type Payment Number Payment Date Payment Amount 10/30/2024 291.88
Payable Number Payable Date Due Date Discount Amount Payable Amount PER DIEM FOR LEAGUE OF C, PER DIEM FOR LEAGUE OF CALI CITIES 10/28/2024 10/28/2024 0.00 291.88 Vendor Number Vendor DBA Total Vendor Amount
CIVICPLUS 500.00
1272
Payment Type Payment Number Payment Date Payment Amount 10/30/2024 500.00
Check Discount Amount Payable Amount
Payable Number Description Payable Date Due Date
ONLINE CODE HOSTING 10.01.24-09.30.25 10/01/2024 10/01/2024 0.00 500.00 311328
Vendor DBA Total Vendor Amount
Vendor Number 3,725.00
1205 CLEAN CUT LANDSCAPE MANAGEMENT INC
Payment Type Payment Number Payment Date Payment Amount 10/30/2024 3,725.00
Check Discount Amount Payable Amount
Payable Number Description Payable Date Due Date
ARVIN LANDSCAPE & MAINT LLMD NO. 1 SEPTEMBER 202 09/30/2024 09/30/2024 0.00 3,000.00 5100 725.00
ARVIN LANDSCAPE & MAINT LLMD NO. 2 SEPTEMBER 20: 09/30/2024 09/30/2024 0.00 5101
10/30/2024 4:11:30 PM
Payment Register APPKT00836 - FOR AP 10/30/2024
Vendor Number Vendor DBA Total Vendor Amount
COMMUNICATION ENTERPRISES 420.00
1047
Payment Type Payment Number Payment Date Payment Amount Check 10/30/2024 420.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 1120070 LTR 450 DISPATCH PW OCTOBER 2024 10/01/2024 10/01/2024 0.00 240.00 1120071 LTR 450 DISPATCH TRANSIT OCTOBER 2024 10/01/2024 10/01/2024 0.00 180.00 Vendor Number Vendor DBA Total Vendor Amount
1204 COMPLETE HARDWARE STORE AND MORE 68.06
Payment Type Payment Number Payment Date Payment Amount 10/30/2024 68.06
Check
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 547918 GRAFFITI LLMD'S, POLY ROLLERS 10/08/2024 10/08/2024 0.00 11.97 548732 ADOBE COMPLEX KIOSK CHAPIN SPRAYER 10/16/2024 10/16/2024 0.00 37.97 77695 ADOBE COMPLEX PAINT TRAYS 10/16/2024 10/16/2024 0.00 18.12 Vendor Number Vendor DBA Total Vendor Amount
COPOWER ID 903697 218.41
1159
Payment Type Payment Number Payment Date Payment Amount 10/30/2024 218.41
Check
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 2348265 CHIRO SVCS NOVEMBER 2024 10/08/2024 10/08/2024 0.00 218.41 Vendor Number Vendor DBA Total Vendor Amount
DANIEL BORRELI 436.52
Payment Type Payment Number Payment Date Payment Amount 10/30/2024 436.52
Payable Number Description Payable Date Due Date DIscount Amount Payable Amount LEAGUE OF CALL, CITIES 10.1 LEAGUE OF CALI. CITIES 10.16.24-10.19.24 10/30/2024 10/30/2024 0.00 436.52 Vendor Number Vendor DBA Total Vendor Amount
dba ACTION LOCKSMITH 461.76
1232
Payment Type Payment Number Payment Date Payment Amount 10/30/2024 461.76
Check Discount Amount Payable Amount
Payable Number Description Payable Date Due Date
ADOBE COMPLEX KEY COPIES FOR NEW PW EMPLOYEES 09/30/2024 09/30/2024 0.00 461.76 5302
Vendor DBA Total Vendor Amount
Vendor Number
dba ARVIN AUTO 732.10
1417
Payment Type Payment Number Payment Date Payment Amount Check 10/30/2024 732.10
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 8962 UNIT 292 ENGINE OIL CHANGE/ FILTER REPLACED 10/15/2024 10/15/2024 0.00 246.82 UNIT 294 ENGINE OIL CHANGE/ REAPIR DOOR LOCK 10/16/2024 10/16/2024 0.00 485.28 8966
Vendor Number Vendor DBA Total Vendor Amount
DEWALT CORPORTATION 9,405.00
1233
Payment Type Payment Number Payment Date Payment Amount 10/30/2024 9,405.00
Check Discount Amount Payable Amount
Payable Number Description Payable Date Due Date
ARVIN URBAN GREENING GRANT 10/04/2024 10/04/2024 0.00 9,405.00 1091696
Vendor Number Vendor DBA Total Vendor Amount
DIVERSIFIED PROJECT SERVICES INTERNATIONAL, INC. 15,507.50 1776
Payment Type Payment Number Payment Date Payment Amount 15,507.50
Check Discount Amount Payable Amsust
Payable Number Description Payable Date Due Date
9572822 ON CALL SERVICES 08.27.24-09.29.24 09/30/2024 09/30/2024 0.00 15,507.50
10/30/2024 4:11:30 PM
Payment Register APPКT00836 - FOR AP 10/30/2024
Vendor Number Vendor DBA Total Vendor Amount
ERIC REYES GUERRA 760.00
1310
Payment Type Payment Number Payment Date Payment Amount 10/30/2024 760.00
Check
Payable Number Description Payable Date Due Date Discount Amount Payable Amount APD FLEET WASH / CITY CARS 10.16.24 10/16/2024 10/16/2024 0.00 760.00 INVO315
Vendor DBA Total Vendor Amount
Vendor Number
GREGS PETROLEUM SERVICE INC 3,372.01
1372
Payment Type Payment Number Payment Date Payment Amount 10/30/2024 3,372.01
Check
Payable Number Description Payable Date Due Date Discount Amount Payable Amount COA ARVIN FARMS EMERGENCY REPAIRS 10/04/2024 10/04/2024 0.00 3,372.01 488189
Vendor DBA Total Vendor Amount
Vendor Number
GRIFFIN GRAPHICS INC 415.96
1403
Payment Type Payment Number Payment Date Payment Amount Check 10/30/2024 415.96
Payable Number Description Payable Date Due Date Discount Amount Payable Amount COA CITY SHIRTS 10/23/2024 10/23/2024 0.00 415.96
12202
Vendor Number Vendor DBA Total Vendor Amount
INDEPENDENT FIRE & SAFETY INC 320.42
1078
Payment Type Payment Number Payment Date Payment Amount 10/30/2024 320.42
Check
Payable Number Description Payable Date Due Date Discount Amount Payable Amount NEW 20LB ABC SENTRY FIRE EXTINGUISHER 09/30/2024 09/30/2024 0.00 320.42 68143
Vendor Number Vendor DBA Total Vendor Amount
1322 JAKE RAPER JR 6,795.00
Payment Type Payment Number Payment Date Payment Amount Check 10/30/2024 6,795.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV0001436 INVOICE 18 10/01/2024 10/15/2024 0.00 6,795.00 Vendor Number Vendor DBA Total Vendor Amount
KAISER PERMANENTE 26,388.01
1025
Payment Type Payment Number Payment Date Payment Amount 10/30/2024 26,388.01
Check
Payable Number Description Payable Date Due Date Discount Amount Payable Amount BUIK 690201404 NOV. 2024 MEDICAL NOVEMBER 2024 10/08/2024 10/08/2024 0.00 26,388.01 Vendor Number Vendor DBA Total Vendor Amount
1165 KERN COUNTY FIRE DEPARTMENT
Payment Type Payment Number Payment Date Payment Amount 10/30/2024 251,765.00
Check Payable Date Due Date Discount Amount Payable Amount Payable Number Description
FY 2024-25 FIRST QUARTER 07/01/2024 07/01/2024 251,765.00 25-000006
Vendor DBA Total Vendor Amaunt
Vendor Number 1,170.93
1164 KERN MACHINERY
Payment Type Payment Number Payment Date Payment Amount Check 10/30/2024 1,170.93
Payable Number Description Payable Date Due Date Discount Amount Payable Amount CHAIN LOOP 10/01/2024 10/01/2024 0.00 27.05
101-1191608 10/01/2024
101-1191728 JOHN DEERE MOWER REPAIRS 10/01/2024 0.00 1,143.88 10/30/2024 4:11:30 PM Page 3 of 7
Payment Register APPKT00836 - FOR AP 10/30/2024
Vendor Number Vendor DBA Total Vendor Amount
1408 KOSMONT REALTY 2,288.00
Payment Type Payment Number Payment Date Payment Amount Check 10/30/2024 2,288.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 2204.3-029 ARVIN RE ADVISORY SEPTEMBER 2024 09/30/2024 09/30/2024 0.00 2,288.00 Vendor Number Vendor DBA Total Vendor Amount
1397 NEOGOV GOVERNMENTJOBS.COM, INC. 4,678.93
Payment Type Payment Number Payment Date Payment Amount Check 10/30/2024 4,678.93
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV-44556 GOVERNMENT JOBS SUBSCRIPTION 11.01.24-10.31.25 10/02/2024 10/02/2024 0.00 4,678.93 Vendor Number Vendor DBA Total Vendor Amount
NEXTALK INC 174.50
1425
Payment Type Payment Number Payment Date Payment Amount 10/30/2024 174.50
Check
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 11688 INTERPRETTING USAGE SEPTEMBER 2024 09/30/2024 09/30/2024 0.00 174.50 Vendor Number Vendor DBA Total Vendor Amount
1108 PG & E 20,057.76
Payment Type Payment Number Payment Date Payment Amount Check
Payable Number Description Payable Date Discount Amount Payable Amount ELEC SVC 09.11.24-10.09.24 ELEC SVC 09.11.24-10.09.24 10/10/2024 10/10/2024 Vendor Number Vendor DBA Total Vendor Amount
1111 PITNEY BOWES
Payment Type Payment Number Payment Date Payment Amount Check 10/30/2024
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 3106879065 LEASE 08.28.24-11.27.24 10/09/2024 10/09/2024 Vendor Number Vendor DBA Total Vendor Amount
1114 PUBLIC WORKS COUNTY OF KERN 4,706.45
Payment Type Payment Number Payment Date Payment Amount Check 10/30/2024 4,706.45
Payable Number Description Payable Date Due Date Discount Amount Payable Amount ARV 10/8/2024 10/08/2024 10/08/2024 4,706.45
ARV 10/8/2024
Vendor Number Vendor DBA Total Vendor Amount
SITEONE LANDSCAPE SUPPLY LIC 1,507.48
1237 Payment Date Payment Amount
Payment Type Payment Number
Check 10/30/2024
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 146712017-001 DIGIORGIO PARK RAIN BIRD FALCON 10/02/2024 10/02/2024 954.70 146712428-001 DIGIORGIO PARK RAIN BIRD FALCON 10/02/2024 10/02/2024 0.00 552.78 Vendor Number Vendor DBA Total Vendor Amount
SPECTRUM BUSINESS 400.36
1033
Payment Type Payment Number Payment Date Payment Amount 10/30/2024 400.36
Check
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 167729901100124 SERVICE 10.01.24-10.31.24 10/01/2024 10/01/2024 0.00 291.37 168251101102124 PUBLIC WORKS SVC 10.29.24-11.28.24 10/21/2024 10/21/2024 0.00 108.99 10/30/2024 4:11:30 PM Page 4 of 7
Payment Register APPKT00836 - FOR AP 10/30/2024
Vendor Number Vendor DBA Total Vendor Amount
1195 TRAFFIC MANAGEMENT INC 980.35
Payment Type Payment Number Payment Date Payment Amount Check 10/30/2024 980.35
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 06-111028 MATERIAL FOR PAINT STRIPPING STREETS 10/01/2024 10/01/2024 0.00 980.35 Vendor Number Vendor DBA Total Vendor Amount
1142 WELLS FARGO LEASE PMTS 395.69
Payment Type Payment Number Payment Date Payment Amount Check 10/30/2024 395.69
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 5031592955 COPIER LEASE ARVIN PD 09.29.24-10.28.24 10/03/2024 10/03/2024 0.00 236.12 5031592956 COMM DEV LEASE 09.30.24-10.29.24 10/03/2024 10/03/2024 0.00 159.57 Vendor Number Vendor DBA Total Vendor Amount
WEX BANK 12,956.07
Payment Type Payment Number Payment Date Payment Amount 10/30/2024 12,956.07
Payable Number Description Payable Date Due Date Discount Amount Payable Amount FUEL USAGE FOR OCTOBER: FUEL USAGE FOR OCTOBER 2024 10/25/2024 10/25/2024 0.00 12,956.07 Bank: PY - Payroll Vendor Payables
Vendor Number Vendor DBA Total Vendor Amount
1013 ARVIN POLICE OFFICERS 900.00
Payment Type Payment Number Payment Date Payment Amount Check 10/30/2024 900.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV0001425 APOA Dues 10/25/2024 10/25/2024 0.00 900.00
Vendor Number Vendor DBA Total Vendor Amount
1017 CENTRAL CALIFORNIA ASSOC OF PUBLIC EMPLOYEES 1,055.65 Payment Type Payment Number Payment Date • Payment Amount Check 10/30/2024 1,055.65
Payable Number Description Payable Date Due Date DIscount Amount Payable Amount INV0001426 SEIU Dues 10/25/2024 10/25/2024 0.00 27.00
INVQ001427 SEIU DueS 10/25/2024 10/25/2024 0.00 1,028.65 Vendor Number Vendor DBA Total Vendor Amount
1312 FRANCHISE TAX BOARD 575.00
Payment Type Payment Number Payment Date Payment Amount Check 10/30/2024 275.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV0001429 10/25/2024 11/15/2024 0.00 275.00
Check 10/30/2024 300.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INVO001430 10/25/2024 11/15/2024 0.00 300.00
10/30/2024 4:11:30 PM Page 5 of 7
Payment Register APPKT00836 - FOR AP 10/30/2024
Payment Summary
Payable Payment
Bank Code Count Count Discount Payment
Main Pool Ck 44 34 0.00 403,065.51
Packet Totals: 44 34 0.00 403,065.51
Payable Payment
Bank Code Count Count Discount Payment
PY 5 0.00 2,530.65
Packet Totals: 0.00 2,530.65
10/30/2024 4:11:30 PM
Payment Register APPKT00836 - FOR AP 10/30/2024
Cash Fund Summary
Fund Name Amount
90 Main Pooled Cash Fund -405,596.16
Packet Totals: -405,596.16
1002024 411:30 PM
Detail Register
City of Arvin Payroll Summary
Pay Period: 10/08/2024- 10/21/2024
Packet: PYPKT00746 - Payroll 10.25.24 (10/08/24-10/21/24) Payroll Set: 01 - Payroll Set 01 Males Paid: 46
Females Paid: 16
Total Direct Deposits: 141,668.11 Unknown Paid:
Total Check Amounts: 136.87 Total Employees: 62
10/23/2024 4:42:16 PM
EARNINGS BENEFITS Pay Amaunt
Pay code Units
Pay Code 77.63 0.00
1X COMP
PERS-Classic 12.00 738,48
2X 3.00 33.24
AUTO ALLOW Unform Classic 771.72
Total: 92.63
BERV
BILINGUAL
CELL ALLOW TAXES
Code Subject To Employee Employer
CTO-CLASSIC 14,050.89 0.00
Federal W/H 181,562.69
CTO-PEPRA 196,149.98 2,844.17 2,844.17
CTYWK MC
194,511.98 2,139.63 0.00
DEGREE SDI
55 196,149.98 12,161.31 12,161.31
DIFFL 7,336.33 0.00
State W/H 181,562.69
INSUR 197,757.73 0.00 0.00
LONG Unemployment
Total: 38,532.33 15,005.48
PBD
PDADL
POST
REG
REGNP
RETRO
SALARY
SICK
55 Only
SSWEP
TUPGR
TUPGR-NP
Vacation
VACCO
WRKCO
Total:
0.00 0,00 9.96 0.00
0.00 0.00
0,00 0,00
0.00 0.00
BLUE 0.00
0.00 0.00
0.00 0.00
0,00 0.00
0.00 0.00
0.00 0.00
0,00 0.00
0.00 0.00
0.00 0,00
KAISR 0.00
0.00 0.00
PERSZ
0.00 ISSIC 0.00
PERS3-EE/ER SAFETY 0.00
PERS3-ER-SAFETY 0.00
PERSS CLASSIC 8.00 0.00
PERSSE-EE/ER CL 0.00
0.00 PERSG PEPRA
PERSG-ER-PEPRA 0.00
PERSE ER SAFETY 0.00
PERS&-SAFETY 0.00
PERS-CL DED 0.00 0.00
SEIU Dues D.00 0.00
Total:
RECAP 01- Payroll Set 01 22,231.53 Taxes: 38,532.33 Net Pay: 141,804.98 202,568,84 Beneflts: 771.72 Deductions:
Earnings:
1.0/23:2024 1:42:13 PM
Detail Register
City of Arvin Department Summary
Pay Period: 10/08/2024 - 10/21/2024
Packet: PYPKT00746 - Payroll 10.25.24 (10/08/24-10/21/24) Payroll Set: 01 - Payroll Set 01
Department: 003 - ANIMAL CONTROL
Total Direct Deposits:
Total Check Amounts
EARNINGS
Pay Code Units Pay Amount
1X 15.50 813.29
Department: 013 - Non Sworn PD
EARNINGS
Pay Code Units Pay Amount
63.00 2,796.45
1X
2X 6.00 364.52
Department: 014 - POLICE DEPARTMENT
EARNINGS
Pay Code Units Pay Amount
1X 250.50 16,321.57
2X 8.00 695.32
Department: 020 - STREETS - GAS TAX
Total Direct Deposits:
Total Check Amounts:
EARNINGS
Pay Code Units Pay Amount
26.00 931.36
1x
Department: 023 - TRANSIT
Total Direct Deposits:
Total Check Amounts
EARNINGS
Pay Code Units Pay Amount
10.00 373.90
1X
REGULAR MEETING MINUTES
ARVIN CITY COUNCIL / SUCCESSOR AGENCY TO THE
ARVIN COMMUNITY REDEVELOPMENT AGENCY / ARVIN HOUSING AUTHORITY /
ARVIN PUBLIC FINANCING AUTHORITY
October 22, 2024
CALL TO ORDER @ 6:06 PM
ROLL CALL: Mayor Borreli absent. All others present
Mayor Borreli arrived at 6:26 PM during agenda item 4-A
1. APPROVAL OF AGENDA AS TO FORM.
Item 3-A was removed from the agenda by staff
Motion CM Horton Second CM Tarver Vote 3-0
2. CONSENT AGENDA ITEMS)
A. Approval of Demand Registers) of October 11, 2024
B. Approval of Payroll Register(s) of October 7, 2024
C. Approval of Minutes for the Regular and Special Arvin City Council meetings of October 8, 2024
Motion CM Tarver Second CM Horton Vote 3-0
3. PUBLIC HEARING ITEMS)
A. A Public Hearing to Consider Approval of A Resolution of the City Council of the City of Arvin Declaring the Necessity to Commence Eminent Domain Proceedings for the Acquisition of the Property Located at the Southeast Corner of Rancho Dr. and Millux Rd., Arvin, California 93203: APN 446-010-04. (City Manager)
THIS ITEM WAS REMOVED FROM THE AGENDA
Pagen Cory Council Meeting Minues - October 2, 2024
B. (1) A Public Hearing to Discuss an Application to the 2024 CDBG Grant program and (2) A Resolution Approving for Funding and the Execution of a Grant Agreement and any Amendments Thereto From the 2024 Funding Year of the State CDBG Program (Grants Manager)
PUBLIC HEARING HELD WITH TRANSLATOR AVAILABLE
NO COMMENTS RECEIVED
Motion to approve resolution by CM Horton Second CM Tarver Vote 3-0 with Mayor Borreli absent
RESOLUTION # 2024-56
4. ACTION ITEM(S)
Mayor Borreli arrived at 6:26 and participated on this item and all subsequent items during the meeting.
A. Consideration Potential Direction to City Staff Concerning the Process to Fill the Vacancy on the City Council. (City Attorney) Discussion held with six citizens providing public comments.
CM Tarver moved to direct staff to contact former CM Murillo and inquire about his status regarding council position. Motion failed due to lack of second,
MPT Reyes moved to not hold a special election for the vacant council seat and to keep the seat vacant until 2026. Second by CM Horton. Motion passed 3-1 with CM Tarver voting no.
B. Consideration and Approval of A Resolution of the City Council of the City of Arvin Accepting and Awarding Bid and Authorizing the City Manager to Execute the Quote from Haaker Equipment Company, for Purchase of One (1) M2 230 Gallon Crack Sealer for the Public Works Department in the Amount of $79,323.44.
Motion to approve resolution by MPT Reyes Second CM Horton Vote 4-0
RESOLUTION #2024-57
rvin City Council Meeting Minutes - October 22, 20:
age 2 of
C. Consideration and Approval of A Resolution of the City Council of the City of Arvin Accepting and Awarding Bid and Authorizing the City Manager to Execute the Quote from Herc Rentals OMNIA contract for Purchase of One (1) 2015 John Deere 210LE Tractor Skiploader 60- 90HP 4WD DSL for the Public Works Department in the Amount of $52,095.31.
Motion to approve resolution by CM Horton Second MPT Reyes Vote 4-0
RESOLUTION #2024-58
D. Consideration and Approval of A Resolution of the City Council of the City of Arvin Accepting and Awarding Bid and Authorizing the City Manager to Execute the Quote from 661Communications for the Purchase of twelve (12) refurbished Motorola Radios in the amount of $57,211.65 and Authorizing the Purchase based on the Sole Source Exemption of City of Arvin Purchasing Policy
Motion to approve resolution by CM Tarver Second CM Horton Vote 4-0
RESOLUTION #2024-59
5. SUCCESSOR AGENCY ITEM(S)
A. Consideration and Acceptance of a Resolution Approving a Purchase Sale Agreement between the Dissolved Arvin Community
Redevelopment Agency (Successor Agency) and MCN LLC for APN 190-020-38-003 which consists of 2.81 acres and is located at the South East Corner of Comanche and Varsity Roads, Arvin CA.
Motion to approved resolution by AM/CM Horton Second by AM/MPT Reyes
Vote 4-0
RESOLUTION #2024-60
6. CITY MANAGER'S REPORT
Arvin City Council Meeting Minutes - October 22, 2024
7. REPORT OF COUNCIL MEMBER MEETINGS & CONFERENCES
ATTENDED
CM Horton discussed attendance at the League of California Cities Conference at Long Beach from October 23 - October 25.
MPT Reyes discussed attendance at the League of California Cities Conference at Long Beach from October 23 - October 25
8. PUBLIC COMMENTS
(This is the opportunity for the public to address the City Council on any matter on the agenda or any item of interest to the public that is within the subject matter jurisdiction of the City Council.)
Eleven citizens provided public comments.
9. COUNCIL MEMBER COMMENTS
10. CLOSED SESSION ITEM(S)
A. CONFERENCE WITH LEGAL COUNSEL--POTENTIAL LITIGATION
(Government Code §54956.9(b).)
Significant exposure to litigation pursuant to §54956.9(b): six cases B. THREAT TO PUBLIC SERVICES OR FACILITIES (Government Code §54957(a).)
Consultation with: City Manager and/or City Attorney. (one item) Arvin City Council Meeting Minutes - October 22, 2024
REPORT BY CITY ATTORNEY:
10 A - Case 1 - No reportable action.
Case 2 - Direction provided to City Attorney to contact Case 3 - No reportable are arken. Cordin repaid update
hat investigator is conducting follow-up interviews
'ase 4 - Direction provided to City Manager to hav
Case 5 - City Attorney provided update concerning title work on three nuisance properties
ase 6 - Update provided by City Manager concernin
otential litigation after required arbitratio
pursuant to SEIU MOU.
11. ADJOURNMENT at 9:10 PM.
Jeff Jones, Deputy City Clerk
Arvin City Council Meeting Minutes - October 22, 2024
PROCLAMATION
Office of the Mayor
ARVIN
NOVEMBER 13, 2024
WILLIAM GREGG "COWBOY" DAY
in our city in recognition of your military service during World War II.
The City of Arvin pays tribute to your unwavering commitment to duty, honor, and country inspires us all. It reminds us that freedom comes at a great cost, paid for by the brave souls who've answered the call to serve.
As we reflect this November for Veterans Day, we also have thought on your service and honor you as a hometown hero, our hometown hero.
May November 13, 2024, always hold a special place in your heart, as it is a day dedicated to you and your service to country.
In Witness Whereof, I have hereunto set my hand and caused to be affixed the seal of the City of Arvin, California, this 12" day of November 2024.
Danid Barrel, Mayor
City of Arvin
CITY OF ARVIN
Staff Report
Meeting Date: November 12, 2024
TO: Arvin City Council
FROM: Megan Snyder, Human & Community Resources Manager Jeff Jones, City Manager
SUBJECT: A Resolution of the City Council of the City of Arvin (1) Declaring Central Natural Gas (CNG) Station Equipment as Surplus and (2) Directing the City Manager to Authorize Sale of the Equipment.
RECOMMENDATION
Staff recommends that the City Council declare the equipment listed below, titled as surplus items, as surplus and authorize its sale pursuant to the procedures set forth in Arvin Municipal Code section 3.08.110.
BACKGROUND
Arvin Municipal Code section 3.08.110 specifies that current department heads of the city shall submit reports showing surplus stock, materials, and equipment. When it is found by the City Council that such materials owned by the City are not needed for use by any city department, the Council may declare such materials as surplus and authorize the sale thereof and proceeds from any such sale shall be deposited into City treasury.
Removal of these items from the City's public works yard would assist in providing additional space needed to store other items and with the general housekeeping and maintenance of the areas.
The following equipment is to be sold as surplus in their current operational condition:
• All CNG station equipment
If the City Council determines that these items are surplus and authorizes their sale, the Transportation Department intends to sell them at auction to the highest bidder.
FINANCIAL IMPACT
There will be a cost to dismantle the CNG Equipment. It is anticipated that the proceeds received from the sale of the asset will be equal to or exceed the amount of the dismantling costs.
RESOLUTION NO. 2024-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARVIN (1)
DECLARING CENTRAL NATURAL GAS (CNG) GAS STATION
EQUIPMENT AS SURPLUS AND (2) AUTHORISING THE CITY
MANAGER TO PROCEED WITH THE SALE OF THE EQUIPMENT
WHEREAS, Arvin Municipal Code (AMC) Section 3.08.110 (Surplus property-Sale or other disposal) establishes a procedure to declare equipment surplus; and WHEREAS, AMC Section 3.08.110 (A) states that all department heads of the city shall submit to the city council at such times, and in such form as may be prescribed, reports showing stock, materials, equipment and any real property on hand not then in use in said department.
When a surplus of stock, materials, equipment, or real property exists in any department, the city council may transfer the same to any other department having a need for such stock or any portion thereof on approval of the city council or its designated official; and WHEREAS, AMC Section 3.08.110 (B) states, when it is found by the city council that stock, materials, equipment, or real property exists which is not needed for use by any city department, the city council may authorize the sale thereof, and the proceeds from any such sale or sales shall be deposited in the city treasury; and
WHEREAS, AMC Section 3.08.110 (C) states, upon the city council's finding and authorization of the sale of surplus stock, materials, equipment, or real property, the city manager may take whatever steps necessary to obtain the highest price in exchange for the sale of the surplus stock, materials, equipment, or real property. The determination of the highest price that will be most favorable to the city will be made by the city manager, within his/her sole discretion. The city manager may thereafter enter into and complete the sale of the surplus stock, materials, equipment, or real property on behalf of the city; and WHEREAS, the Compressed Natural Gas (CNG) station equipment is no longer in use and is surplus.
NOW, THEREFORE, the City Council of the City of Arvin, does hereby resolve as follows:
The above recitals are true and correct.
2. The City Council of the City of Arvin hereby declares the above-described equipment is surplus and authorizes its sale by the city manager.
The City Council finds that this action is in the best interests of the City of Arvin.
I HEREBY CERTIFY that the foregoing resolution was passed and adopted by the City Council of the City of Arvin at a regular meeting thereof held on the 12' day of November by the following vote:
Reso Approving Sale of CNG Equipment Declared as Surplus
AYES::
NOES:
ABSTAIN:
ABSENT:
ATTEST
JEFF JONES, Deputy City Clerk
CITY OF ARVIN
By:
DANIEL BORELLI, Mayor
APPROVED AS TO FORM:
By:
NATHAN HODGES, City Attorney
Hodges Law Group
I, _, City Clerk of the City of Arvin, California, DO
HEREBY CERTIFY that the foregoing is a true and accurate copy of the Resolution passed and adopted by the City Council of the City of Arvin on the date and by the vote indicated herein.
Reso Approving Sale of CNG Equipment Declared as Surplus
STAFF REPORT
CITY OF ARVIN
TO: Honorable Mayor and City Council Members
FROM: Jeff Jones, City Manager
DATE: November 12 2024
SUBJECT: Report, Discussion, and Potential Approval of Resolution No Adopting the Resolution of Necessity.
Recommendation:
Adopt the Resolution of Necessity (2/3 vote required).
Background:
This item was pulled from the agenda on October 8, 2024 and October 22, 2024. Staff was directed to bring this item back at the November 12, 2024 meeting.
In 2023, the City was ordered by the State Water Control Board to comply with new requirements related to its Wastewater Treatment Facility to comply with a Cease and Desist Order. In order to comply with these requirements, the City needs additional land to properly disperse the effluent from its Wastewater Treatment Facility.
The City, however, does not own sufficient land in the vicinity of the Wastewater Treatment Facility, and after analyzing the property surrounding the Treatment Facility, it was determined that the property located at the Southeast Corner of Rancho Di. and Millux Rd., Arvin, California 93203: APN 446-010-04, is the best property to allow the City to comply with the State Water Control Board's requirements. While this Property is not within the territorial limits of the City of Arvin, California Code of Civil Procedure §1240.125 states, "Except as otherwise expressly provided by statute and subject to any limitations imposed by statute, a local public entity may acquire property by eminent domain outside its territorial limits for water, gas, or electric supply purposes or for airports, drainage or sewer purposes if it is authorized to acquire property by eminent domain for the purposes for which the property is to be acquired." A map showing the location of the property is attached as an exhibit to the proposed Resolution.
Staff has been in contact with the property owners. Additionally, an appraiser, retained by the City, assigned a fair market value to the property necessary to complete the Project. An offer from the City to acquire the property for the amount stated in the appraisal was made on July 23, 2024.
After receiving no response from the Property Owner, on August 19, 2024 the City sent a second letter to the Property Owner, reiterating the previous offer to Purchase the Property. Additionally, since sending the offer to acquire the property, the City has sought to negotiate the purchase of the property in good faith. On August 29, 2024, the City Attorney received a telephone call from the Property Owner. During this call, the Property Owner stated that the best and final counteroffer to the City's offer would be $3,750,000, or approximately $50,000 per acre. This best and final offer exceeds the appraised value of the property by $2,680,000. Thus, the Property Owner and the City are unable to agree to a purchase price for the Property. To comply with the State Water Control Board's requirements, the City must consider the filing of an eminent domain action, which will allow the City to proceed with the project while the fair market value is determined by the Court.
After the notice to the Property owner concerning this public hearing had been mailed, the property owner's attorney contacted the City Attorney and informed the City Attorney that the property owner would be seeking its own property valuation. Additionally, the property owner's attorney claimed that there may be other properties that are more suitable for the City's project.
Before an eminent domain case can be filed, the City Council must adopt, by at least a 2/3 vote (4 of 5 council members), a "Resolution of Necessity." This resolution makes certain findings required by state law and authorizes the city attorney to begin the proceedings.
It must be emphasized that the price to be paid for the property is NOT the subject of this hearing This hearing has the sole purpose of determining whether the statutory findings can be made.
This item was considered and then tabled at the September 24, 2024 meeting and is now being presented at this meeting.
Statutory Findings:
The statutory findings required to be made, and the facts supporting the making of the findings, are as follows:
1. The project is planned and located in a manner that will be most compatible with the greatest public good and the least private injury.
Facts: Yes, this is the closest property, which would allow the City to comply with the new requirements related to effluent mandated by the State Water Control Board. There is another property that the City evaluated using for the Project. However, due to the proximity of that property to a private lake, the property at issue has a lower risk of causing an environmental hazard. This property is vacant and will require minimal work in order to allow the City to utilize it as intended. This Project is deemed important for the safety of the residents of Arvin and is necessary to allow the City to continued compliance with the State Water Board's Cease and Desist requirements.
2. The taking of the project is necessary for the proposed project.
Facts: Yes, as stated above, the City does not own sufficient land within the vicinity of its Wastewater Treatment Facility to allow it to comply with the State Water Control Board's requirements. Additionally, because this land is currently vacant, it will require minimal work to allow it to be utilized for the public's interest.
3. The offer to purchase required by California Government Code Sec. 7267.2 was made to the owners of the property interests.
Facts: Yes, a written offer to acquire the property at the fair market value as determined by the appraiser was made on July 23, 2024. A follow-up offer letter was sent on August 19, 2024 after the property owner failed to respond to the initial offer.
4. The necessary notice of this hearing was given as required by Code of Civil Procedure Sec. 1245.235.
Facts: Yes, the notice was given by the City Clerk on August 29, 2024.
5. The City of Arvin has complied with all conditions and statutory requirements necessary to exercise the power of eminent domain.
Facts: Yes, as outlined in this staff report.
6. The City of Arvin has complied with all provisions of the California Environmental Quality Act for the project.
Facts: Yes, CEQA documents are prepared and will be submitted to the State Clearinghouse and the Kern County Clerk.
7. If any portion of the property is appropriated for a public use, the public uses are necessary and paramount pursuant to Code of Civil Procedure Sec. 1240.610, or alternatively, will not unreasonably interfere with or impair the continuance of the public use as it then exists or can be reasonably expected to exist in the future.
Facts: No portion of the property is currently appropriated for a public purpose. The City proposes to use the property public purposes, including disbursement of effluent from the City's Wastewater Treatment facility.
Fiscal Impact:
Acquisition of this property is included in the costs of the Project budget.
Conclusion:
If the City Council wishes to proceed with the project, then this Resolution should be adopted.
Attachments:
1) Resolution with Exhibits
RESOLUTION NO.
-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARVIN
DECLARING THE NECESSITY TO COMMENCE EMINENT DOMAIN
PROCEEDINGS FOR THE ACQUISITION OF THE PROPERTY LOCATED AT THE SOUTHEAST CORNER OF RANCHO DR. AND MILLUX RD., ARVIN, CALIFORNIA 93203: ASSESSORS PARCEL NO. 446-010-04
WHEREAS after consideration of the staff report, staff presentation, discussion, oral testimony and evidence presented at the hearing on the date of the adoption of this Resolution, all of which are incorporated as if set forth herein, the City Council of the City of Arvin by vote of at least two-thirds of its members, FINDS, DETERMINES, DECLARES AND RESOLVES that:
a) The public interest, convenience and necessity require the proposed project, to wit:
Disposal of Wastewater Treatment Facility Effluent and all uses appurtenant thereto ("Project"); and
b) The interests in real property to be acquired are fee simple, which are described in Exhibit "A" and depicted on Exhibit "B" attached hereto and incorporated herein by this reference ("Property'"). The Property is located within the City of Arvin, County of Kern, State of California.
c) The use of eminent domain to acquire the Property is authorized by California Government Code §37350.5;
d) The Project is planned and located in a manner that will be most compatible with the greatest public good and least private injury; and
e) The taking of the Property is necessary for the proposed project and such taking is authorized by Section 19, Article I of the California Constitution, Section 1230.010 et seq of the California Code of Civil Procedure, and other applicable law; and f) The offer to purchase required by California Government Code Sec. 7267.2 was made to the owners of the Property; and
g) The necessary notice of this Resolution has been given, as required by Code of Civil Procedure section 1245.235;
h) The City of Arvin has complied with all conditions and statutory requirements necessary to exercise the power of eminent domain to acquire the property interests described herein; and
i) The City of Arvin has fully complied with all provisions of the California Environmental Quality Act for the Project; and
WHEREAS the City Council hereby declares that it is its intention to acquire the Property in the name of the City of Arvin in accordance with the laws of the State of California governing condemnation proceedings; and
WHEREAS the City Council further finds that if any portion of the area of the Property has been appropriated to some public use, the public uses to which it is to be applied by the City, as described above, are more necessary and paramount public uses, pursuant to Code of Civil Procedure Sec. 1240.610 or, alternatively, will not unreasonably interfere with or impair the continuance of the public use as it then exists or may reasonably be expected to exist in the future, pursuant to Code of Civil Procedure Sec, 1240.510;
NOW, THEREFORE, BE IT RESOLVED that the City Attorney is authorized and directed to prepare, institute and prosecute in the name of the City of Arvin such proceedings in the proper Court having jurisdiction thereof as may be necessary for the acquisition of said Property, including the filing of a motion for an Order of Possession prior to judgment.
BE IT FURTHER RESOLVED that this Resolution shall be effective immediately upon its adoption.
I HEREBY CERTIFY that the foregoing resolution was passed and adopted by the City Council of the City of Arvin at a regular meeting thereof held on the 12' day of November 2024 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST
JEFF JONES, Deputy City Clerk
CITY OF ARVIN
By:.
DANIEL BORELLI, Mayor
APPROVED AS TO FORM:
By:_
NATHAN HODGES, City Attorney
Hodges Law Group
→ City Clerk of the City of Arvin, California, DO
HEREBY CERTIFY that the foregoing is a true and accurate copy of the Resolution passed and adopted by the City Council of the City of Arvin on the date and by the vote indicated herein.
CITY OF ARVIN NOTICE OF INTENT TO ADOPT RESOLUTION OF NECESSITY,
THE REAL PROPERTY LOCATED AT THE SOUTHEAST CORNER OF RANCHO DR. AND MILLUX RD., ARVIN, CALIFORNIA 93203: APN 446-010-04, INM 2910, LLC OWNER
INM 2910, LLC
Attn: Mr. Ismael Nunez
P.O. Box 607
McFarland, CA 93250
Re: Notice of Intent to Adopt Resolution of Necessity
Ra, Aral Potorio 20 3: Are Saddest Corner of Rancho Dr. and Millux Owner: Ismael Nunez
To the Owner or Owners of the Subject Property:
The City of Arvin is in the process of acquiring land in the vicinity of its Wastewater Treatment Facility to allow compliance with the California State Water Control Board's Requirements related to the City's Wastewater Treatment Facility and the effluent produced therefrom (the "Project"). The law provides procedures for public agencies to acquire private property for public use. It requires every agency which intends to condemn property to notify the owners of its intention to condemn. California Code of Civil Procedure (CCP) Section 1240.030 provides that the power of eminent domain may be exercised to acquire property for a proposed project if the following three conditions are established:
1. The public interest and necessity require the project.
2. The project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury.
3. The property sought to be acquired is necessary for the project.
Also, CCP Section 1245.230 requires that the offer required by Section 7267.2 of the Government Code has been made to the owner of record, unless the owner cannot be located with reasonable diligence. A written offer required by Section 7267.2 of the Government Code was sent to the address that was listed on the last equalized county assessment roll on or about September 15, 2023.
YOU ARE HEREBY NOTIFIED THAT THE CITY OF ARVIN, AT ITS MEETING TO BE HELD ON SEPTEMBER 24, 2024, AT 6:00 P.M., AT 200 CAMPUS DRIVE, ARVIN.
CA 93203, WILL BE ASKED TO DECIDE IF THE ABOVE CONDITIONS HAVE BEEN MET AND, IF SO, TO ADOPT A RESOLUTION OF NECESSITY ("RESOLUTION" TO ACQUIRE THE SUBJECT PROPERTY BY EMINENT DOMAIN.
Questions regarding the amount of compensation to be paid or the value of the property to be acquired are not part of this proceeding and the City Council will not consider such in determining whether a Resolution should be adopted.
If the City Council adopts the Resolution, the Resolution will authorize the City of Arvin to acquire the property by eminent domain. Within six months of the adoption of the Resolution, the City will prepare and file a complaint in the Kern County Superior Court commencing the eminent domain proceeding. All issues related to the compensation to be awarded for the acquisition of your property will be resolved in this court proceeding. A description of the required property is attached to this notice.
The law provides you with an opportunity to appear before the City Council and raise questions concerning the three conditions referred to in CCP 1240.030, as cited above. You are entitled to appear and object to the adoption of the Resolution. If you intend to appear, please provide a written request to appear before the City Council. Failure to file a written request to appear and be heard within 15 days after the notice was mailed will result in waiver of the right to appear and be heard. Please include with any written request to appear a statement indicating which of the three conditions listed in the first paragraph above you contend have not been met. By designating which of the conditions form the basis of your challenge and explaining why you believe they have not been met, you will enable the City Council to conduct a full and expeditious review of the project's effect on your property. If you request an appearance and review, you will be notified of the time and date for participation in that review. Staff will conduct the review on behalf of the City Council and ask for your participation. Based on this review, the City will then prepare a report to be presented to the City Council at the meeting at which you intend to appear. The request to appear should be sent to: Clerk of the City of Arvin, 200 Campus Drive, Arvin, CA 93203.
Your written request to appear must be on file with the Clerk of the City of Arvin within the 15- day period set forth above. Failure to timely file a written request to appear will result in a waiver of your right to appear and be heard by the City Council.
For your convenience, if you are unable to personally appear or choose to submit written objections in place of a personal appearance, the City Council will consider any written objections so long as they are received by the Clerk prior to the meeting date. All written objections filed with the City Council will become part of the official record of the meeting at which the City Council hears and considers the Resolution.
Attachment: Description of Property to be Acquired
CITY OF ARVIN
Staff Report
Meeting Date: November 12, 2024
TO: Arvin City Council
FROM: Megan Miller, Human & Community Resources Manager Jeff Jones, City Manager
SUBJECT: Consideration 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.
On August 27, this item was presented as a employment agreement update as the agreement was set to expire in September 2024. The item was tabled to bring back with more detail on increase.
The incumbent in the position has served the city for 8 years collectively. The incumbent was hired as the Grant Writer in 2016 and selected as the Grant Manager in 2022. She has demonstrated her continued commitment to the growth of the city in securing funding for many projects throughout her tenure.
STAFF RECOMMENDATION:
The recommendation is for Council to provide direction regarding the Grants Manager employment agreement. The term of the agreement is for two (2) years.
FINANCIAL IMPACT:
Annual salary of $110,000 with an option of a 5% merit increase of $5,500 for the second year of the contract. Please note this position has an annual salary that is somewhat cost-recoverable with grant funding and, in turn, has a minimal impact on the city's total personnel budget. In addition, this is not a new position and has been a budgeted position since class inception in 2022. This contract provides an increase of $12,261 from the most current employment agreement which was approved in August of 2022.
ATTACHMENTS:
Grants Manager Employment Agreement
Grants Manager Job Description
AGREEMENT NO. 2024-
GRANTS MANAGER EMPLOYMENT AGREEMENT
This Employment Agreement ("Agreement") is made and entered into and effective on the 3rd day of September 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 September 3rd, 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
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 aiter 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
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 po the pound od said beneficialyes hal ani thins an isurable 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. CaPERS 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:
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." ili. 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;
vili. Résumé fraud or other acts of material dishonesty; ix. Unauthorized absence or leave
x. Violation of the City's anti-harassment policies and/or a finding that legally prohibited personal acts of harassment against a City official or employee
GRANTS MANAGER EMPLOYMENT AGREEMENT
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,
xili. "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 was properly terminated under the terms of this Agreement. Following City Council's
GRANTS MANAGER EMPLOYMENT AGREEMENT
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 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 oi privileged by virtue of it having been discussed or presented in a duly- noticed closed session meeting of the City Council, or otherwise privileged and/or confidential under applicable law, including but not limited to
GRANTS MANAGER EMPLOYMENT AGREEMENT
personnel information, information pertaining to on-going or potential litigation, information learned in the context of the attorney-client relationship with the City Attorney of 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, of 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:
• An amount equal to 45 days of pay.
Continued Health Insurance benefit coverage for three pay periods (42 days) post-separation.
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.
GRANTS MANAGER EMPLOYMENT AGREEMENT
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 Emplovee
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
GRANTS MANAGER EMPLOYMENT AGREEMENT
shall be deemed severable and shall not be affected thereby and same shall remain in full force and effect.
D. Amendment. This Agreement may not be amended except in a written document signed by Employee, approved by the City Council and signed by the City's Mayor.
E. Assignment. Employee shall not assign any rights or obligations under this Agreement, nor any interest in it. City may, upon prior written notice to Employee, assign its rights and obligations hereunder.
F. Governing Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action or motion to enforce the terms or conditions of this Agreement shall be brought only in the Superior Court of California for the County of Kein.
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
GRANTS MANAGER EMPLOYMENT AGREEMENT
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 of 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 not 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,
GRANTS MANAGER EMPLOYMENT AGREEMENT
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]
GRANTS MANAGER EMPLOYMENT AGREEMENT
IN WITNESS WHEREOF, City has caused this Agreement to be signed and executed on its ehalf by its City Manager and duly attested to by its City Clerk, and Employee has signed an xecuted this Agreement, as of the date written below
Dated: CITY OF ARVIN
By: —
JEFF JONES, CITY MANAGER
Dated: EMPLOYEE
By: _
CHRISTINE VITERELLI
ATTEST:
By:
DEPUTY CITY CLERK
APPROVED AS TO FORM:
By:
NATHAN M. HODGES, ESQ
CITY ATTORNEY
Attachments:
Exhibit "A": Grants Manager Job Description
Exhibit "B": Severance Agreement
GRANTS MANAGER EMPLOYMENT AGREEMENT
Exhibit "A"
Grants Manager Job Description
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.
Grant Manager
• 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 perform functions. • 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.
Grant Manager
• 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:
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.
Grant Manager
• 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.
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 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
Exhibit "B"
Agreement Of Separation, Severance, And
General Release
GRANTS MANAGER EMPLOYMENT AGREEMENT
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
2.1 Employee was hired by the City as an at-will Grants Manager effective on or about ("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 terns and conditions concluding the Employee's employment relationship with the City and any obligations related thereto, including any provided under the Employment Agreement.
GRANTS MANAGER 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, 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, 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 of 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
GRANTS MANAGER EMPLOYMENT AGREEMENT
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 VIl 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 of 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 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;
GRANTS MANAGER EMPLOYMENT AGREEMENT
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 of 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"
"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
HER SETSMENT THE DER ORECTED HIS OR
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
GRANTS MANAGER EMPLOYMENT AGREEMENT
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 tact 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 of rescind this Agreement. This Agreement is intended to be, and is, final and binding between the parties, regardless of any claims of misrepresentation, promise made without the intent to perform, concealment of fact, mistake of fact or law, or any other circumstance whatsoever.
7.5 Later Discovery: The parties are aware that they may hereafter discover claims or facts in addition to or different from those they now know or believe to be true with respect to the matters related herein. Nevertheless, it is the intention of the parties that Employee fully, finally, and forever settle and release all such matters, and all claims relative thereto, which do now exist, may exist or have previously existed against the City or the City Parties. In furtherance of such intention, the releases given here shall be, and remain, in effect as full and complete releases of all such matters, notwithstanding the discovery or existence of any additional or different claims or facts relative thereto.
7.6 Indemnification: Employee agrees to indemnify and hold harmless the City of 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
GRANTS MANAGER EMPLOYMENT AGREEMENT
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 oi 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.
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 of 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, oi 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.
GRANTS MANAGER EMPLOYMENT AGREEMENT
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.
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, not 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
GRANTS MANAGER EMPLOYMENT AGREEMENT
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: Christine Viterelli
Address set forth in Employee's Personnel
File.
GRANTS 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:_
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:
GRANTS MANAGER EMPLOYMENT AGREEMENT
CITY OF ARVIN
Stalt Report
Meeting Date: November 12, 2024
TO: Alvin City Council.
FROM: Jeff Jones, City Manager
SUBJECT: Consideration and Approval of a First Amendment to the Professional Consultant Services Agreement between the City of Arvin and DPSI Engineers, Inc. for On-Call Engineering Services in the Amount of $470,900.00 for the (1) Design of Street Construction of 4th Street between Campus Drive and Walnut Drive and (2) Design of Paving and Reconstructing of Meyer Street between Bear Mountain Boulevard and Sycamore Drive
BACKGROUND:
The City of Arvin had a significant need for On-Call Engineering services based on current grant funding already awarded, pending grants, and planned future infrastructure projects. To meet the anticipated obligations and deadlines for existing and planned projects, the City needed to expand its ability to grow its engineering capacity and technical expertise to be responsive to its current and future needs for engineering support.
The City of Arvin published a Request for Qualifications for On-Call Engineering services on Planet Bids on April 18, 2024. The prepared scope of work was broad and included representation on behalf of the City in all needed engineering capacities. Three RFQ responses were received on May 7, 2024. The City interviewed all three firms and reviewed the responses for qualifications, ability to perform locally and in a hybrid environment, and experience and expertise in implementing State and Federal grant projects.
Staff determined that it would be appropriate to award an agreement to Diversified Project Services, Inc. ("DPSI"), a local firm in Bakersfield that could operate remotely and in Arvin and had the most experience and qualifications in completing federally funded infrastructure projects.
On or about July 15, 2024, the City Council approved an Agreement with DPSI for On-Call Engineering Services.
Since entering into that Agreement, the City has determined that the Agreement with DPSI should be amended to include two additional projects. These projects are related to (1) the design and construction of 4th Street between Campus Drive and Walnut Drive, and (2) the project to pave and reconstruct Meyer Street from Bear Mountain Boulevard to Sycamore Drive. Thus, City Staff has prepared an amendment to the Agreement with DPSI to include these two projects within the Scope of Work to be provided by DPSI.
STAFF RECOMMENDATION:
Staff Report - First Amendment to PSA with DPSI
Staff recommends approval of the First Amendment to the Professional Consultant Services Agreement between the City of Arvin and DPSI.
FINANCIAL IMPACT:
The amount of the proposed amendment totals $320,900.00, of which $185,560.00 would be allocated to the Meyer Street Project and $135,340.00 would be allocated to the 4" Street Project.
This proposed amendment would increase the total cost of the Agreement with DPSI from $150,000.00 to $470,900.00.
The majority of the funding will be reimbursable as pre-development engineering and design costs designated on the City of Arvin's SB1 list of projects that was previously approved but the City Council. A small amount of funding for non-grant reimbursable services is included in the Fiscal Year 2024-2025 budget.
ATTACHMENTS:
- Professional Consultant Services Agreement between the City of Arvin and DPSI Proposed First Amendment to the Agreement between the City of Arvin and DPSI DPSI's proposal related to the Meyer Street Project
DPSI's proposal related to the 4'" Street Project
Staff Report - First Amendment to PSA with DPSI
AGREEMENT NO. 2024-24
FIRST AMENDMENT TO PROFESSIONAL CONSULTANT SERVICES AGREEMENT
FOR ON-CALL ENGINEERING SERVICES
BETWEEN
CITY OF ARVIN, CALIFORNIA
AND
DIVERSIFIED PROJECT SERVICES INTERNATIONAL, INC.
THIS FIRST AMENDMENT TO PROFESSIONAL CONSULTANT SERVICES AGREEMENT FOR ON-CALL ENGINEERING SERVICES (this "Amendment") is made as of , 2024 (the "Effective Date") by and between the City of Arvin, a California municipal corporation (the "City") and Diversified Project Services International, Inc. ("'Consultant").
RECITALS:
A. City and Consultant entered that certain Professional Consultant Services Agreement For On-Call Engineering Services dated July 15, 2024 ("Agreement").
City and Consultant desire to amend the Agreement to modify (1) the Consultants Scope of Work under the Agreement and (2) the Payment related to the amended Scope of Work.
NOW THEREFORE, in consideration of the mutual covenants and conditions hereinafter set forth, and the above recitals which are by this reference incorporated herein, the sufficiency of which is hereby acknowledged by the parties hereto, the parties hereto agree as follows:
AGREEMENT:
Defined Terms. All initially capitalized terms used but not defined herein shall have the meanings ascribed to such terms in the Agreement.
amended as follows:
Payment to Consultant to perform its Scope of Work is set forth in Attachment "A," attached hereto and incorporated herein. The payments provided in this Section are full compensation for the Scope of Work as described in Attachment "A." This contract shall not exceed $470,900.00 unless further amended by both parties.
First Amendment to Professional Consultant Services Agreement for On-Call Engineering Services
Budget, Project Schedule and Timeline shall be amended as follows:
Contract Amount and Fee Schedule: The contract amount shall not exceed $470,900.00 unless further amended by both parties. Refer to the following attached Proposals for the schedule of fees:
(Peritiona, all daciay 1, rices from Diversified Project Solutions (2) Provide Services for Meyer Street Design dated September 16, 2024; and (3) Provide Services for 4" Street Design dated September 16, 2024.
Budget, Project Schedule and Timeline shall be amended as follows:
Incorporation of DPSI Proposal for Services related to Meyer Street Design dated September 16, 2024, and attached hereto as Exhibit "A(1);" and Incorporation of DPSI Proposal for Services related to 4" Street Design dated September 16, 2024, and attached hereto as Exhibit "A(2)." Ratification: Conflicts; Headings. Except as modified by this Amendment, the Agreement and all the terms, covenants, conditions and agreements thereof are hereby in all respects ratified, confirmed and approved. In the event of any conflict or inconsistency between the terms and provisions of the Agreement and the terms and provisions of this Amendment, the terms and provisions of this Amendment shall govern and control. The headings herein are inserted only as a matter of convenience and for reference and in no way define, limit or describe the scope or intent of this Amendment.
6. Entire Understanding. This Amendment contains the entire understanding between the parties with respect to the matters contained herein. Except as modified by this Amendment, the Agreement shall remain unchanged and shall continue in full force and effect.
No representations, warranties, covenants or agreements have been made concerning or affecting the subject matter of this Amendment, except as are contained herein and in the Agreement. This Amendment may not be changed orally, but only by an agreement in writing signed by the party against whom enforcement of any waiver, change or modification or discharge is sought.
Counterparts. This Amendment may be executed in any number of identical counterparts each of which shall be deemed to be an original and all, when taken together, shall constitute one and the same instrument. A facsimile or similar transmission of a counterpart signed by a party hereto shall be regarded as signed by such party for purposes hereof. [Signature page follows]
First Amendment to Professional Consultant Services Agreement for On-Call Engineering Services
IN WITNESS WHEREOF, the Parties hereto have duly executed this First Amendment to the Professional Consultant Services Agreement For On-Call Engineering Services dated July 15, 2024, as of the date and year first above written.
CITY CONSULTANT
CITY OF ARVIN, DIVERSIFIED PROJECT SERVICES
a California municipal corporation INTERNATIONAL, INC.
By: By:
Jeff Jones, City Manager
Name:
Dated: Title:
Dated:
By:
Name:
Title:
Dated:
Approved as to Form:
Nathan M. Hodges, City Attorney
First Amendment to Professional Consultant Services Agreement for On-Call Engineering Services
EXHIBIT "A(1)"
DPSI Proposal for Services related to Meyer Street Design dated September 16, 2024
First Amendment to Professional Consultant Services Agreement for On-Call Engineering Services
EXHIBIT "A(2)"
DPSI Proposal for Services related to 4'' Street Design dated September 16, 2024
First Amendment to Professional Consultant Services Agreement for On-Call Engineering Services
SPSI
DIVERSIFIED PROJECT SERVICES
INTERNATIONAL
September 16, 2024
Christine Viterelli
City of Arvin
200 Campus Drive
Arvin, CA 93203
via email: [email protected]
SUBJECT: PROPOSAL FOR SERVICES | MEYER STREET DESIGN - ARVIN, CALIFORNIA Dear Ms. Viterelli:
We are pleased to provide you with this proposal for design engineering for the project located on Meyer Street from Bear Mountain Boulevard to Sycamore Avenue in Arvin, California, It is our understanding that the City of Arvin is applying for a Community Development Block Grant to pave and reconstruct Meyer Street from Bear Mountain Boulevard to Sycamore Drive, and needs to have final design plans for submittal with the grant application by October 25, 2024.
Diversified Project Services International, Inc. (DPSI) will provide the following services as described below.
SCOPE OF SERVICES
TASK 1 PROJECT MANAGEMENT
DPSI will provide Project Management Services, scope of service will include:
Coordinating with Sub-Consultants
• Project Meetings (as necessary)
TASK 2 DESIGN
DPSI will provide a new road design in accordance with applicable standards including current Caltrans Highway Design Manual, City of Arvin Standards, and Kern County Development Standards.
Geotechnical testing for road design and trench backfill requirements Hydraulic review and verification for street drainage
Roadway design for reconstruction, digouts, and overlay. • Curb, gutter and sidewalk
• Drive approaches
• Striping
• Construction document preparation and bid support
• Engineer's Estimate of probable cost for CDBG Grant
Bakersfield « San Luis Obispo a long Beach | www.dpsiinc.com
DIVERSIFIED PROJECT SERVICES
INTERNATIONAL
DELIVERABLES
• Construction Drawings (2 physical copies in 11X17 Format, and PDF) • Project Specifications booklet (2 physical copies, and pdf) • Engineer's Estimate of Probable Cost
• 90 Percent Plans and estimate completed by October 25, 2024 TASK 3 CONSTRUCTION SUPPORT
DPSI will provide construction support throughout the construction phase of the project on an as needed basis. We will attend the project kick off meeting, respond to contractors REl's, and prepare plan set revisions deemed necessary to complete the project.
DELIVERABLES
• Addendums
• RFI Responses
SCHEDULE
DPSI is prepared to begin this project within two days of receiving your authorization to proceed, and will require an estimated 90 days to complete. While every effort will be made to adhere to the schedule provided, unexpected field conditions, design constraints, or other conditions may arise that extend out the estimated schedule. DPSI will keep the client informed on any substantial changes to the scheduling for deliverables.
DPSI requires 72-hour advance notice prior to start of work to allow for mandatory written request for dispatch of apprentices (excluding weekends and holidays).
CLARIFICATIONS AND ASSUMPTIONS
The following clarifications and assumptions apply to this proposal and are in addition to those stated in the above scope descriptions:
• Any additional studies and reports (i.e. traffic, air quality, biological, archaeological, cultural) are the responsibility of the client. If required, DPSI can coordinate obtaining consultant proposals on a time and materials basis with prior written authorization from client. • Any design changes that significantly alter the scope of work or change the location of site features as shown in the original site plan will require additional time and budget will be handled under an Additional Services Agreement.
• Client will be responsible for providing the subsurface utility location information and for coordinating any relocation if necessary.
• It is assumed that the client will provide all applicable environmental clearances required for the project. Any studies or reports required for clearances are the responsibility of the client. • All negotiations with agencies or adjacent property owners for obtaining or vacating easements, right-of-ways, or other interests required are the responsibility of the client.
Meyer Street Design | 240463 Page 1 2
SPSI
DIVERSIFIED PROJECT SERVICES
INTERNATIONAL
• The client will communicate any design, budgetary, or scheduling criteria or constraints prior to work commencing and provide timely input and responses throughout the course of the project to facilitate the work progress. It is requested that the client provide written review responses within five (5) days of receipt of review plans and provide a specific point of contact for management of the review process.
• Structural engineering, including calculations, retaining walls, and foundation design, is not included in the scope of this proposal but can be handled under an Additional Services • Permit fees are unknown and not included. If requested by client, DPSI will handle permit fee payment and invoice for this service with a 15% markup. • Electronic format submittals (PDF) will be made unless otherwise requested
ADDITIONAL SERVICES
The following services can be provided under an Additional Services Agreement:
Utility design and coordination
Hydrology and hydraulic studies
• Construction staking
• QSD / QSP services
• As-built plans
• Construction inspection services
Structural engineering
FEE SUMMARY
DESCRIPTION FIXED FEE
TASK 1 PROJECT MANAGEMENT $7,455
TASK 2 DESIGN $178,105
TASK 3 CONSTRUCTION SUPPORT As needed
TOTAL $185,560
• The fees stated above are based on non-prevailing wage rates, except for those classifications required for the geotechnical investigation and the field survey work which are based on prevailing wage rates.
Reimbursable expenses, including but not limited to reproduction costs, are in addition to the fees quoted above.
Meyer Street Design | 240463 Page | 3
DIVERSIFIED PROJECT SERVICES
INTERNATIONAL
TERMS AND CONDITIONS
This agreement consists of the scope of services, the following terms, and any exhibits or applicable documents attached. This agreement supersedes any and all prior negotiations, correspondence, or agreements either written or oral. Any changes to this agreement must be mutually agreed to in writing.
It is understood that all work done by DPSI for client will be performed in accordance with the terms and conditions as stated in the agreement between the DPSI and City of Arvin dated July 15, 2024.
If the terms of this proposal are acceptable, please sign the following acceptance and return a copy, which will serve as our notice to proceed. The fees quoted in this proposal are valid for 60 days from this date.
If you have any questions or would like clarification on the scope of services or fees outlined above, please do not hesitate to contact us. We thank you for this opportunity to offer our services.
Respectfully submitted,
DIVERSIFIED PROJECT SERVICES INTERNATIONAL, INC.
Samuel D. Lux, PE
Director of Civil Engineering
Page | 4
Meyer Street Design | 240463
DIVERSIFIED PROJECT SERVICES
INTERNATIONAL
ACCEPTANCE OF TERMS AND AUTHORIZATION TO PROCEED
Proposal Date: September 16, 2024
Project Name: Meyer Street Design - Arvin, California
Client agrees to accept work described in this proposal letter, including all terms and conditions, to be executed as of the date noted below. Payment is NOT contingent on third-party funds. Each of the signatories below represents that he or she is authorized to enter into this agreement.
City of Arvin Diversified Project Services International, Inc.
Signature Date Signature Date
Print Name Print Name
Title Title
Billing Email:
(for electronic invoices)
Billing Address:
(if different than mailing address)
Billing Code:
(i.e. PO, AFE, NWA, etc.)
Tasks Authorized:
(All tasks authorized unless otherwise noted)
Meyer Street Design | 240463
SPS
DIVERSIFIED PROJECT SERVICES
INTERNATIONAL
September 16, 2024
Christine Viterelli
City of Arvin
200 Campus Drive
Arvin, CA 93203
via email: [email protected]
SUBJECT: PROPOSAL FOR SERVICES | 4TH STREET DESIGN - ARVIN, CALIFORNIA Dear Ms. Viterelli:
We are pleased to provide you with this proposal for design engineering for the project located on 4th Street from Walnut Drive to Campus Drive in Arvin, California. It is our understanding that the City of Arvin is working closely with surrounding developers to complete the design and construction of 4th Street between Campus Drive and Walnut Avenue.
Diversified Project Services International, Inc. (DPSI) will provide the following services as described below.
SCOPE OF SERVICES
TASK 1 PROJECT MANAGEMENT
DPSI will provide Project Management Services, scope of service will include:
• Coordinating with Sub-Consultants
Project Meetings (every 3 weeks)
• Coordination with surrounding developers
TASK 2 DESIGN
DPSI will provide a new road design in accordance with applicable standards including current Caltrans Highway Design Manual, City of Arvin Standards, and Kern County Development Standards.
Geotechnical testing for road design and trench backfill requirements Hydraulic review and verification for street drainage
• Roadway design for new road
• Full width paving
• Curb, gutter and sidewalk
• Drive approaches
Striping
Lighting
Bakersfield • San Luis Obispo • Long Beach | www.dpsiinc.com SPSI
DIVERSIFIED PROJECT SERVICES
INTERNATIONAL
• Utility installation
• Construction document preparation and bid support
DELIVERABLES
• Construction Drawings (2 physical copies in 11X17 Format, and PDF) • Project Specifications booklet (2 physical copies, and pdf) TASK 3 CONSTRUCTION SUPPORT
DPSI will provide construction support throughout the construction phase of the project on an as needed basis. We will attend the project kick off meeting, respond to contractors RFl's, and prepare and plan set revisions deemed necessary to complete the project.
DELIVERABLES
• Addendums
• RFI Responses
SCHEDULE
DPSI is prepared to begin this project within two days of receiving your authorization to proceed, and will require an estimated 120 days to complete. While every effort will be made to adhere to the schedule provided, unexpected field conditions, design constraints, or other conditions may arise that extend out the estimated schedule. DPS! will keep the client informed on any substantial changes to the scheduling for deliverables.
DPSI requires 72-hour advance notice prior to start of work to allow for mandatory written request for dispatch of apprentices (excluding weekends and holidays).
CLARIFICATIONS AND ASSUMPTIONS
The following clarifications and assumptions apply to this proposal and are in addition to those stated in the above scope descriptions:
• Any additional studies and reports (i.e. traffic, air quality, biological, archaeological, cultural) are the responsibility of the client. If required, DPSI can coordinate obtaining consultant proposals on a time and materials basis with prior written authorization from client. • Any design changes that significantly alter the scope of work or change the location of site features as shown in the original site plan will require additional time and budget will be handled under an Additional Services Agreement.
• Client will be responsible for providing the subsurface utility location information and for coordinating any relocation if necessary.
• It is assumed that the client will provide all applicable environmental clearances required for the project. Any studies or reports required for clearances are the responsibility of the client. • All negotiations with agencies or adjacent property owners for obtaining or vacating easements, right-of-ways, or other interests required are the responsibility of the client.
Page | 2
4h Street Design | 240463
SPS
DIVERSIFIED PROJECT SERVICES
INTERNATIONAL
• The client will communicate any design, budgetary, or scheduling criteria or constraints prior to work commencing and provide timely input and responses throughout the course of the project to facilitate the work progress. It is requested that the client provide written review responses within five (5) days of receipt of review plans and provide a specific point of contact for management of the review process.
• Structural engineering, including calculations, retaining walls, and foundation design, is not included in the scope of this proposal but can be handled under an Additional Services Agreement.
• Permit fees are unknown and not included. If requested by client, DPSI will handle permit fee payment and invoice for this service with a 15% markup. • Electronic format submittals (PDF) will be made unless otherwise requested.
ADDITIONAL SERVICES
The following services can be provided under an Additional Services Agreement:
• Topographic survey
Utility design and coordination
• Hydrology and hydraulic studies
Construction staking
QSD / QSP services
• As-built plans
Construction inspection services
Structural engineering
FEE SUMMARY
DESCRIPTION FIXED FEE
TASK 1 PROJECT MANAGEMENT $4,635
TASK 2 DESIGN $130,705
TASK 3 CONSTRUCTION SUPPORT As needed
TOTAL $135,340
The fees stated above are based on non-prevailing wage rates, except for those classifications required for the geotechnical investigation and the field survey work which are based on • Reimbursable expenses, including but not limited to reproduction costs, are in addition to the fees quoted above.
Ail: Street Design | 240463 Page 1 3
SPSI
DIVERSIFIED PROJECT SERVICES
INTERNATIONAL
TERMS AND CONDITIONS
This agreement consists of the scope of services, the following terms, and any exhibits or applicable documents attached. This agreement supersedes any and all prior negotiations, correspondence, or agreements either written or oral. Any changes to this agreement must be mutually agreed to in writing.
It is understood that all work done by DPSI for client will be performed in accordance with the terms and conditions as stated in the agreement between the DPSI and City of Arvin dated July 15, 2024.
If the terms of this proposal are acceptable, please sign the following acceptance and return a copy, which will serve as our notice to proceed. The fees quoted in this proposal are valid for 60 days from this date.
If you have any questions or would like clarification on the scope of services or fees outlined above, please do not hesitate to contact us. We thank you for this opportunity to offer our services.
Respectfully submitted,
DIVERSIFIED PROJECT SERVICES INTERNATIONAL, INC.
- a
Samuel D. Lux, PE
Director of Civil Engineering
4ih Street Design ! 240463 Page | 4
DIVERSIFIED PROJECT SERVICES
INTERNATIONAL
ACCEPTANCE OF TERMS AND AUTHORIZATION TO PROCEED
Proposal Date: September 16, 2024
Project Name: 4th Street Design - Arvin, California
Client agrees to accept work described in this proposal letter, including all terms and conditions, to be executed as of the date noted below. Payment is NOT contingent on third-party funds. Each of the signatories below represents that he or she is authorized to enter into this agreement.
City of Arvin Diversified Project Services International, Inc.
Signature Date Signature Date
Print Name Print Name
Title Title
Billing Email:
(for electronic invoices)
Billing Address:
(if different than mailing address)
Billing Code:
(i.e. PO, AFE, NWA, etc.)
Tasks Authorized:
(All tasks authorized unless otherwise noted)
Aili Street Design | 240463 Page 1 5
CITY OF ARVIN
Staff Report
Meeting Date: November 12th, 2024
TO: Arvin City Council
FROM: Alex Ghazalpour, Chief of Police
Jeff Jones, City Manager
SUBJECT: A resolution of the City Council of the City of Arvin approving single source two- year subscription purchase of eighteen (18) Flock Safety Falcon Cameras and related technology from Flock Group, Inc. in the amount of $109,550.00 BACKGROUND:
The Arvin Police Department seeks to improve its technological capabilities in monitoring, preventing, and investigating criminal activities by utilizing the latest available tools. Flock cameras provide advanced surveillance capabilities, especially helpful for tracking vehicles associated with criminal activities, including drug-related crimes, vehicle theft, and violent offenses
DISCUSSION:
Flock cameras have demonstrated significant effectiveness in identifying vehicles linked to criminal enterprises. They are particularly beneficial in identifying and tracking vehicles associated with drug trafficking and other criminal activities. These cameras utilize advanced automatic license plate recognition (ALPR) technology, allowing officers to monitor vehicles and identify those tied to criminal organizations and drug trafficking networks. Vehicles involved in the smuggling of illegal narcotics are often on the move through multiple jurisdictions, making Flock cameras an essential tool for monitoring and interception.
Key Benefits:
1. Enhanced Crime-Fighting Capabilities: Flock cameras allow the department to quickly identify vehicles involved in criminal activities, particularly those related to drug trafficking. In regions where Flock cameras are implemented, law enforcement has observed an increase in successful identification and interception of vehicles used to smuggle large quantities of narcotics.
2. Improved Data-Sharing: Flock cameras can be integrated into regional and statewide databases, allowing real-time data sharing with neighboring law enforcement agencies.
This connectivity enhances collaboration and supports multi-jurisdictional efforts against organized criminal enterprises.
3. Cost-Effective Resource Allocation: By providing critical, actionable information, Flock cameras help the department allocate resources more effectively. This capability reduces the need for extensive patrol coverage and aids in prioritizing responses to high- risk vehicles.
FINANCIAL IMPACT:
The total cost of this project is as follows:
Year One - $51,000 for the subscription service and $7,550 for infrastructure and installation for a total of $58,550.
Year Two - $51,000 for the subscription service.
The acquisition and installation of Flock cameras will be fully funded by the AB33 grant, ensuring no additional financial impact on the City's general fund for the two year term of the subscription service. Ongoing maintenance and operational costs will be minimal and absorbed within the current department budget.
Should the City desire to extend the service beyond two years, additional funding will need to be found. If grant funding is not located for this project at that time, the City will either need to cut other police services or use general fund reserves to fund this subscription. If the City decides to not renew the subscription after two years, the vendor will remove the cameras and related infrastructure at no cost to the City.
STAFF RECOMMENDATION:
Staff recommend the following actions:
It is recommended that the City Council authorize the use of AB33 funds to implement the Flock Safety Camera system in key areas within Arvin. This investment in advanced technology will enhance our department's capacity to prevent, investigate, and deter drug trafficking and other serious crimes, fostering a safer community.
ATTACHMENTS:
1. Quote from Flock Safety Quote
2. Sole-Source Letter from Flock Safety
RESOLUTION NO. 2024-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARVIN APPROVING SINGLE SOURCE TWO-YEAR SUBSCIPTION PURCHASE OF EIGHTEEN (18)
FLOCK SAFETY FALCON CAMERAS AND RELATED TECHNOLGY FROM FLOCK GROUP, INC. IN THE AMOUNT OF $109,550.00
WHEREAS, a single source purchase of equipment can be made if a determination is made that only one vendor is found that provides the equipment; and WHEREAS, the City Council ('Council') approved Ordinance 440 on February 7, 2017, which amended the City's Municipal Code, Bidding Procedures Generally; and WHEREAS, Ordinance 440 allows the City to utilize single source purchasing of supplies, equipment, or services without completing the City's bidding or proposal process if the supplier is determined that the vendor is the single source of the supplies, equipment, or services to be provided
WHEREAS, staff has conducted due diligence and determined that Flock Group, Inc. is the only vendor available to provide a two-year subscription for advanced automatic license plate recognition technology and eighteen (18) cameras supported by that technology; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARVIN does hereby resolve, find, and order as follows:
Section 1. Recitals. The above recitals are true and correct and are incorporated herein by this reference.
' Section 2. Use of Single Source Purchases are Authorized. The Council finds that the use of single source purchases per Council approved Ordinance 440 amending the City's Municipal Code, is appropriate.
Section 3. Approval of Single Source Purchase. The Council approves the two-year subscription and related technology, installation, and use of eighteen (18) cameras from Flock Group, Inc. as a single source purchase in the amount of $109,550.00.
Section 4. Execution and Transmittal of the Purchase Agreement. The City Manager is hereby authorized and directed to take any action necessary to carry out the purposes of this Resolution concerning the two-year subscription and related technology, installation, and use of eighteen (18) cameras from Flock Group, Inc in the amount of $109,550.00.
Section 5. Effectiveness. This Resolution shall take effect immediately upon its adoption.
I HEREBY CERTIFY that the foregoing resolution was passed and adopted by the City Council of the City of Arvin at a regular meeting thereof held on the 12th day of November 2024 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST
JEFF JONES,
Deputy City Clerk
CITY OF ARVIN
By:
DANIEL BORRELI,
Mayor
APPROVED AS TO FORM:
By: _
NATHAN HODGES,
City Attorney
Hodges Law Group
→ Deputy City Clerk of the City of Arvin, DO HEREBY
CERTIFY that the foregoing is a true and accurate copy of the Resolution passed and adopted by the City Council of the City of Arvin on the date and by the vote indicated herein. flock safety
Budgetary Quote
This document Is for informational purposes only. Pricing is subject to change.
Bill To: 200 Campus Dr Arvin, California 93203 Ship To: 200 Campus Dr Arvin, California 93203 Biling Contay Name: CA - Arvin PD SuPaymen Terms: 2e Months Billing Email Address: Retention Period: 30 Days
Billing Phone: Billing Frequency: Annual Plan - First Year Invoiced at Signing.
Hardware and Software Products
Annual recurring amounts over subscription term
Cost Quantity Total
Item
Flock Safety Platfarm $51,000.00
Flock Safety Flock OS
Flockos ™M _ Essentials Included 1 Included
Flock Safety LPR Products
Flock Safety Falcon ®- Included 17 Included
Professional Services and One Time Purchases
Item Cost Quantity Total
One Time Fees
Flock Safety Professional Services
Professional Services - Standard $650.00 10 $6,500.00
Implementation Fee-
Professional Services - Existing Infrastructure $150.00 $1,050.00 Implementation Fee -
Subtotal Year 1: $58,550.00
Annual Recurring Subtotal: $51,000.00
Estimated Tax: $0.00
Contract Total: $109,550.00
axes shown above are provided as an estimate. Actual taxes are the responsibility of the Customer. This is not an invoice - this document is a non-binding proposa or informational purposes only. Pricing is subject to change Billing Schedule Amount (USD)
Year 1
At Contract Signing $58,550.00
Annual Recurring after Year 1 $51,000.00
Contract Total $109,550.00
*Tax not included
Product and Services Description
FlockOS Features Description
An integrated public safety platfor that detects, centralizes and decodes actionable evidence to FlockOS ™M _ - Essentials increase safety, improve efficiency, and connect the community.
Law enforcement grade infrastructure-free (solar power + LTE) license plate recognition camera Flock Safely Falcon ® - with Vehicle Fingerprint ™M technology (proprietary machine learning software) and real-time alerts for unlimited users.
One-time Professional Services engagement. Includes site and safety assessment, camera selup Professional Services - Standard Implementation Fee - and testing, and shipping and handling in accordance with the Flock Safety Standard Implementation Service Brief.
One-time Professional Services engagement. Includes site and safety assessment of existing Professional Services - Existing Infrastructure Implementation Fee - vertical infrastructure localion, camera setup and testing, and shipping and handling in accordance with the Flock Safety Standard Implementation Service Brief.
FlockOS Features & Description
FlockOS Features Description
The ability to request direct access to feeds from privately owned Flock Safety Falcon® LPR Community Network Access cameras located in neighborhoods, schools, and businesses in your community, significantly increasing actionable evidence that clears cases.
Unlimited Users Unlimited users for Flockos
Allows agencies to look up license plates on all cameras opted into the Flock Safety network State Network (License Plate Lookup Only) within your state.
With the vast Flock Safety sharing network, law enforcement agencies no longer have to rely on just their devices alone. Agencies can leverage a nationwide system boasting 10 billion additional Nationwide Network (License Plate Lookup Only) plate reads per month to amplify the potential to collect vital evidence in otherwise dead-end investigations.
The ability to request direct access to evidence detection devices from Law Enforcement Law Enforcement Network Access agencies outside of your jurisdiction.
Time & Location Based Search Search full, partial, and temporary plates by time at particular device locations License Plate Lookup Look up specific license plate location history captured on Flock devices Seats to is in ore ras, any enter ces eide er make or lange Vehicle Fingerprint Search
Reporting tool to help administrators manage their LPR program wilh device performance data.
Insights & Analytics user and network audits, plate read reports, hot list alert reports, event logs, and outcome reports ESRI Based Map Interface al, and in greaters cation aval as and a common operating teach concied Real-Time NCIC Alerts on Flock ALPR Cameras
Ability to add a suspect's license plate to a custom list and get alerted when it passes by a Flock Unlimited Custom Hot Lists camera
flock safety
October 23, 2024
2024 Sole Source Letter for Flock Safety® Public Safety Solutions Flock Safety® LPR Video Cameras
Flock Safety® is the sole manufacturer, developer, and distributor of the Flock Safety Condor™ and Flock Safety Wing® license plate recognition ("LPR") video cameras.
Flock Safety Condor™ Fixed
• Fixed, live, and record video ideal for building exteriors and city streets • Available with AC or solar power
Subscription-based live and recorded video solution, including hardware, cellular, installation, ongoing maintenance, and a cloud-based video management system, which allows officers to remotely view instant replay of downloadable live on-scene video with pan-tilt-zoom ("PTZ") controls and 25X optical zoom without the need for additional camera network set-up, installation, or up-keep
Improves safety with live and recorded video for enhanced situational awareness and case clearance
Flock Safety Condor™ PTZ
• Live and recorded video with remote PTZ controls ideal for open areas such as intersections or parks
• Subscription-based live and recorded video solution, including hardware, cellular, installation, ongoing maintenance, and a cloud-based video management system, which allows officers to remotely view instant replay of downloadable live on-scene video with PTZ controls and 25X optical zoom without the need for additional camera network set- up, installation, or up-keep
Improves safety with live and recorded video for enhanced situational awareness and case clearance
Flock Safety Wing®
• Allows customers to easily integrate third-party LPR and video cameras into FlockOS® for a seamless workflow
• Ability to apply computer vision to third-party cameras, transforming them into evidence capture devices using the same Vehicle Fingerprint® technology offered on the Flock Safety Falcon® automated license plate recognition ("ALPR") cameras • Flock Safety Wing® livestream integrates live stream traffic cameras, publicly or privately owned livestream security cameras into one cloud-based situational awareness dashboard to increase response time in mission-critical incidents flock safety
• Manage various government intelligence including ALPR, livestream cameras, computer-aided dispatch ("CAD"), automatic vehicle location ("AVL") on Flock Safety Wing® suite
• Ability to access live and recorded video using Flock Safety Condor™ The Flock Safety® LPR video cameras listed above are the only Law Enforcement Grade LPR video cameras to offer the following combination of proprietary features:
• Vehicle Fingerprint Technology®
• Patented proprietary machine vision to analyze vehicle license plate, state recognition, and vehicle attributes such as color, type, make and objects (roof rack, bumper stickers, etc.) based on image analytics (not car registration data) • Machine vision to capture and identify characteristics of vehicles with a paper license plate and vehicles with the absence of a license plate • Ability to "Save Search" based on description of vehicles using Flock's patented Vehicle Fingerprint Technology® without the need for a license plate, and set up alerts based on vehicle description
• Only LPR provider with "Visual Search," which can transform digital images from any source into an investigative lead by finding matching vehicles based on the vehicle attributes in the uploaded photo
• Integrated Cloud-Software & Hardware Platform
Best in class ability to capture and process up to 30,000 vehicles per day with a single device powered exclusively by solar power
Wireless deployment of solar powered license plate reading cameras with integrated cellular communication weighing less than 5lbs and able to be powered solely by a solar panel of 60W or less
• Web based footage retrieval tool with filtering capabilities such as vehicle color, vehicle type, vehicle manufacturer, partial or full license plate, state of license plate, and object detection
Utilizes motion capture to start and stop recording without the need for a reflective plate
Motion detection allows for unique cases such as bicycle capture, ATV, motorcycle, etc.
• On device machine processing to limit LTE bandwidth consumption • All images and metadata is encrypted throughout its entire lifecycle from on- Ф device to storage in Flock's US-based CJIS-compliant cloud Cloud storage of footage
Covert industrial design for minimizing visual pollution • Transparency & Ethical Product Design
flock safety
• One-of-a-kind "Transparency Portal," a public-facing dashboard that details the policies in place by the purchaser, as well as automatically updated metrics from the Flock Safety® system
• Built-in integration with National Center for Missing & Exploited Children (NCMEC") to receive AMBER Alerts to find missing children • Privacy controls to enable certain vehicles to "opt-out" of being captured • Integrated Audio & Gunshot Detection
• Ability to pair with Flock Safety Raven® audio detection device, which has natively integrated audio detection capabilities utilizing machine learning to recognize audio signatures typical of crimes in progress (e.g., gunshots) • Live Video Integration
• Ability to apply computer vision to third-party cameras using the Flock Safety Wing® LPR video camera, transforming them into evidence capture devices using the same Vehicle Fingerprint® technology offered on the Flock Safety Falcon® ALPR cameras
• Flock Safety Wing® Livestream integrates live stream traffic cameras, publicly or privately owned livestream security cameras into one cloud-based situational awareness dashboard to increase response time in mission-critical incidents • Manage various government intelligence including ALPR, livestream cameras, CAD, automatic vehicle location ("AVL") on Flock Safety Wing® suite • Ability to access live and recorded video using Flock Safety Condor™, a subscription video solution which allows officers to remotely view instant replay of downloadable live on-scene video with PTZ controls and 25X optical zoom without the need for additional camera network set-up, installation, or up-keep. • Situational Awareness
• FlockOS® is the world's first and only public safety operating system compatible with Flock Safety® LPR video cameras, including Flock Safety Condor™ live streaming fixed and Flock Safety Condor™ PTZ video cameras, and the Flock Safety Raven® audio detection device, while seamlessly integrating first and third-party data across video, LPR, and audio to deliver real-time intelligence and retroactive crime solving in a single-pane real-time crime center • Ability to enhance situational awareness capacity by layering all intelligence streams onto the FlockOS® ESRI-based map
• FlockOS® features Flock Safety® unique Real-Time Routing feature that analyzes various data sources to determine where a suspect vehicle has been and its' direction of travel providing users with possible outcomes based on a confidence threshold
flock safety
• Warranty & Service:
• Lifetime maintenance and support included in subscription price Flock Safety® is the only fully integrated ALPR one-stop solution from production of the device to delivery and installation
• Performance monitoring software to predict potential failures, obstructions, tilts, and other critical or minor issues
• Partnerships
Flock Safety® is the only LPR provider to officially partner with Axon® to be natively and directly integrated into Evidence.com®
Flock Safety® is the only LPR provider to be fully integrated into a dynamic network of Axon Fleet® 3 mobile ALPR cameras for patrol cars and Flock Safety's Falcon® cameras
• Access to additional cameras purchased by Flock's HOA and private business partners, means an ever-increasing amount of cameras and data at no additional cost
Thank you,
Garrett Langley CEO, Flock Safety®
Stope
Flock Safety + CA - Arvin PD
Flock Group inc
1170 Howell Mill Rd, Suite 210
Atlanta, GA 30318
MAIN CONTACT:
Jake Sherman
jake. [email protected]
8187467444
Created Date 10/31/2024
Expiration Date: 11/27/2024
Quote Number: Q-110542
PO Number:
flock safety
CITY OF ARVIN
Staff Report
Meeting Date: November 12, 2024
TO: Arvin City Council
FROM: Megan Miller, Human & Community Resources Manager Jeff Jones, City Manager
SUBJECT: Approval of Transportation Manager Job Description and Employment Agreement BACKGROUND:
The City of Arvin Transportation Department has been operating incident free under the sole direction of the Transportation Manager. Additionally, Hesham Elshazly, Transportation Manager, has received over a decade of flawless inspections by several regulatory agencies. The city received the award for additional electric buses; thus, the fleet inventory and maintenance and departmental oversight needs rise, respectively.
Based on research with the assistance of the City Clerk, it was discovered that the Transportation Manager position job description was last updated in 2009. With that, some modifications have been made to remove antiquated language and move to the standardized format the city began using in 2018. On August 27, this item was presented with the updates and moving from an unrepresented employee to a contract employee with a pay increase. The item was tabled to bring back with more detail on increase.
The assessment of local municipalities is difficult as many local cities utilize a county transit service of are not similar in product lines and fleet to ensure appropriate classification and compensation comparison. In comparing similar operations: Fresno, and Visalia, Arvin still comes in significantly below market value with the proposed employment agreement. With that, we are arguably within market value for Kern County.
The Arvin Transit Department is unique in many ways with the dial a ride. The service has ridership of 3,237 per year. This service is dedicated to individuals age 55 and over offering them door to door service within Arvin for $1.50 and with little to no wait time. The transportation drivers can assist the individuals to the door carrying bags, helping with walkers, etc. The bus is equipped to serve community members that are wheelchair bound. This service allows the senior community members freedom and independence that they may not have otherwise.
The route to Tejon has been incredibly rewarding offering Arvin community members the opportunity to work near home with environmentally friendly commute, savings on fuel and vehicle wear and tear. This is also incredibly rewarding for the economic wellbeing of Arvin.
Offering this service keeps people close to home, shopping, and dining locally.
The route to Bakersfield, is a main vein for transportation hub from Arvin to nearly anywhere.
The downtown stop allows accessibility to Greyhound, GET bus and many local transportation services. The stop is also walking distance to the Amtrak station.
The Transit Department completes 100 routes resulting in over 100,000 miles per year. This department's performance is crucial to meet the needs of the City of Arvin residents to provide transportation to their personal, professional, and educational obligations. The ridership for the city has continued to trend upward. With the increase in fuel prices, proposed growth in the Tejon service area and addition of the Bakersfield College satellite campus, we anticipate continued and consistent ridership growth. The department boasts a 99% on-time performance, has continued to operate incident free.
The Transportation Manager is now overseeing the maintenance of the city's entire fleet of approximately 35 vehicles, spanning across four departments. The addition of this team member is projected to see an average monthly savings of $2,000.00 per month and affords the city dedicated resource for City staff to go to for vehicle maintenance needs.
In summary, the incumbent in this position has been with the City since 2013. He has streamlined the program, supported, and improved department staff, procured state of the art busses, maintained a perfect record department wide with zero accidents and exemplary regulatory agency evaluations. The last increase was in 2021 for this employee for the salary schedule adjustment. Prior to the 2021 increase, he had not had an increase since 2016. In 2021, the labor unions agreed on new memorandum of understandings with a structured increases resulting in upwards of 21% in increases. The 21% is made up of two 5% merit increases, two added step opportunities and 11% COLA increase between 2021 and 2024. The unrepresented individuals within the City did not receive any increase in compensation. In an attempt to bring parity, the employment agreement yields an increase of 19%.
STAFF RECOMMENDATION:
The recommendation to approve the Transportation Manager job description and employment agreement.
FINANCIAL IMPACT:
The Transportation Department is primarily funded via TDA and state funding and is fiscally self-sustaining. This employment agreement increase would be under the same funding structure.
As a result, minimal impact to general plan as alternative funding sources are available.
ATTACHMENTS:
Transportation Manager Employment Agreement
Transportation Manager Job Description
AGREEMENT NO. 2024-
TRANSPORTATION MANAGER EMPLOYMENT AGREEMENT
This Employment Agreement ("Agreement") is made and entered into and effective on the 12'# day of November 2024, by and between the City of Arvin ("City"), a California municipal corporation, and Hesham Elshazly ("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 Transportation 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 Transportation Manager; and
WHEREAS, the position of Transportation 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 Transportation 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 Transportation 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 Employee has served as the Transportation Manager of the City of Arvin since June 3, 2013. By way of this Agreement City and Employee seek to formalize such employment, effective November 12, 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
TRANSPORTATION MANAGER EMPLOYMENT AGREEMENT
interest in continued employment, or any due process property right to a hearing before or after a decision by the City Manager to terminate his employment, including any so-called due process pre-disciplinary "Skelly" meeting, except that the City must terminate Employee in the manner set forth in Section 7 below. Nothing contained in this Agreement shall in any way prevent, limit, or otherwise interfere with the right of the City to terminate the services of Employee as provided in Section 7 of this Agreement. Nothing in this Agreement shall prevent, limit, or otherwise interfere with the right of Employee to resign at any time from this position with City, subject only to the provisions set forth in Section 7 of this Agreement.
4. DUTIES. TRANSPORTATION MANAGER. Employee accepts employment with the City as its Transit Manager and agrees to perform all functions, duties and services set forth the job description for the Transit 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 his full energies, interests, abilities, and productive time to the performance of this Agreement, and utilize his best efforts to promote City's interests. Employee shall not engage in any activity, consulting service or enterprise, for compensation or otherwise (together "Outside Employment"), which is actually or potentially in conflict with or inimical to, or which materially interferes with, his duties and responsibilities to the City. Additionally, Employee shall not undertake any Outside Employment except with the consent of the City Manager.
5. TERM. Except as hereinafter described, the term of this Agreement shall be for two years commencing on the Effective Date.
6. SALARY AND BENEFITS. Employee' salary and other benefits for all work or services called for under this Agreement shall be as follows:
A. Salary. Commencing on the Effective Date, Employee's annual salary shall be in the amount of $97,000.00 which shall be paid according to the payroll schedule in place for all City Employees. Employee shall be eligible for a merit-based pay increase up to 5% of his annual salary after successfully completing 1 year of service following performance evaluation. Such a merit-based salary increase shall be 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 ot compensation not specifically provided for in this Agreement.
The position of Transportation 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").
VACATION
TRANSPORTATION MANAGER EMPLOYMENT AGREEMENT
Carry over of existing leave balances at the date of employment agreement approval.
Employee shall accrue 6.15 hours of vacation leave per pay period during the term of this Agreement, resulting in 160 hours per year. Employee shall be entitled to accrue vacation leave not to exceed three hundred twenty (320) hours accrued vacation.
Should Employee reach the accrual limit, accrual will cease until such time as the Employee's accrued number of hours falls below the limit. Employee is allowed to cash in once per year but must keep minimum bank of 80 hours.
SICK
Carry over of existing leave balances at the date of employment agreement approval.
Employee shall accrue 3.69 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 is allowed to cash in once per year but must keep minimum bank of 80 hours.
PERSONAL BUSINESS DAYS
Carry over of existing leave balances at the date of employment agreement approval.
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 by the end of the given fiscal year, they will not be carried forward to the next fiscal year and will be forfeited. PBD have no cash out value.
C. Holiday and Other Leaves. Employee shall receive the same leaves, holidays, and other time off as provided to other managers at the City.
D. Employee Benefits. 100% of the employee benefit coverage is paid by the city. If Employee elect to add dependents, Employee's maximum out of pocket expense shall be $150.00 per month. Employee may select between two Platinum level plans with the benefit provider.
E. Term Life Insurance. The City shall pay the premiums for a term life insurance policy in the amount of $50,000.00. Employee shall name the beneficiary of the life insurance policy, provided said beneficiary has and maintains an insurable interest of the employee.
F. Cell Phone Allowance. City shall provide Employee with cell phone allowance of $150.00 per month.
G. Public Employees' Retirement System (Pers) And Social Security. Employee shall be provided California Public Employees' Retirement System ("CalPERS") benefits.
CalPERS 2% at 62, Employee is a PEPRA member. City and Employee shall each bear their own member/employee or employer contributions during the term of this Agreement. City and Employee shall each pay one half of the payments due to Social Security and Medicare during the term of this Agreement.
H. 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
TRANSPORTATION MANAGER EMPLOYMENT AGREEMENT
compensation (exclusive of Employee's base salary) or benefits provided to Employee.
In such event, amendment of this Agreement shall not be required, and Employee shall be provided benefits according to the Non-Represented Salary Resolution then in effect. Furthermore, revision to the Non-Represented Salary Resolution such that it changes the benefits provided in this Section 6 shall not be deemed a breach of this Agreement.
7. TERMINATION. Upon appointment to the Transportation 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." ili. 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 his essential job duties for more than three (3) cumulative months after attempts at a reasonable accommodation pursuant to the Americans with Disabilities Act and/or California's Fair Employment & Housing Act have been made.
vi. Breach of this Agreement;
vii. Willful or persistent material breach of duties;
TRANSPORTATION MANAGER EMPLOYMENT AGREEMENT
vili. Résumé fraud or other acts of material dishonesty; ix. Unauthorized absence or leave
x. Violation of the City's anti-harassment policies and/or a finding that legally prohibited personal acts of harassment against a City official or employee or legally prohibited personal acts of discrimination against a City official or employee has occurred,
xi. Violation of the City's Municipal Code, Ordinances, Rules, and Regulations, including but not limited to the City's Personnel Rules xii. Use or possession of illegal drugs,
xili. "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.
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.
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.
TRANSPORTATION MANAGER EMPLOYMENT AGREEMENT
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 his incident to his employment belongs to City and shall be returned promptly to City upon termination of Employee' employment. Employee' obligations under this subsection shall survive the termination of his employment and the expiration of this Agreement.
i. Confidential Information. "Confidential Information" shall include, but not be limited to, all information or material that Employee learns of or obtains during his employment with City that is of was confidential or privileged by virtue of it having been discussed or presented in a duly- noticed closed session meeting of the City Council, or otherwise privileged and/or confidential under applicable law, including but not limited to personnel information, information pertaining to on-going oi potential litigation, information learned in the context of the attorney-client relationship with the City Attorney or special counsel to the City.
Confidential Information as defined includes, but is not limited to, all data, materials, products, technology, computer programs, specifications, manuals, business plans, software, marketing plans, financial information, internal processes and procedures, and other information disclosed or submitted, orally, in writing, or by any other media, to Employee by City.
Nothing herein shall require City to disclose any of its information to Employee. During his employment with City, Employee shall use and disclose Confidential Information only for the benefit of City and as is, or may be, necessary to pertorm his job responsibilities under this Agreement.
Following the termination of this Agreement, Employee shall not use or disclose any Confidential Information, except with the express written consent of City. Employee' obligations under this Section shall survive the termination of his employment and the expiration of this Agreement.
G. Severance. In the event that Employee is terminated "Without Cause," he shall be entitled to severance pay as follows:
o An amount equal to Forty-five days.
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
TRANSPORTATION MANAGER EMPLOYMENT AGREEMENT
"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 his in his individual capacity or in his official capacity as Transportation Manager, provided the Claims arise while Employee is acting within the scope of his employment and provided, he did not act or fail to act because of actual fraud, corruption or malice. The provision shall not extend to claims brought by City itself or where indemnity is otherwise prohibited by law.
9. PERFORMANCE EVALUATION. City Manager evaluate Employee at least one (1) time each year during the pendency of this Agreement. Employee shall be responsible for initiating the evaluation. The City Manager may conduct more frequent performance evaluations at their discretion.
A. Written Summary. The City Manager may, at his/her sole discretion, elect to provide a written summary of each performance evaluation to Employee within two (2) weeks following the conclusion of the review and evaluation process.
B. No Grievance or Appeal. Grievance or appeal of performance evaluations is not permitted. Employee may, if he disagrees with a performance evaluation, submit a written rebuttal to the performance evaluation within thirty (30) calendar days of receiving the evaluation. Performance evaluations, along with any rebuttal, will be maintained in Employee's personnel file and will be treated as confidential.
10. NOTICES. Notices pursuant to this Agreement shall be deemed to be given when personally delivered to the party to whom directed or when deposited in the United States Mail, postage prepaid, and addressed as follows:
City Employee
Mayor, City of Arvin Hesham Elshazly
200 Campus Drive 200 Campus Drive
Arvin, California 93203 Arvin, California 93203
Either party may change his 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
TRANSPORTATION MANAGER EMPLOYMENT AGREEMENT
this Agreement and is signed by the Parties or their authorized representatives. The Parties acknowledge that this Agreement may be used as evidence in any subsequent proceeding in which either Party alleges a breach of this Agreement or seeks to enforce its terms, provisions, obligations, or as compelled by law.
B. Captions. The headings used in this Agreement are inserted for reference purposes only and shall not be deemed to limit or affect in any way the meaning or interpretation of any of the terms or provisions of this Agreement.
C. Severability. If any provision contained in this Agreement is held invalid or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be deemed severable and shall not be affected thereby and same shall remain in full force and effect.
D. Amendment. This Agreement may not be amended except in a written document signed by Employee, approved by the City Council and signed by the City's Mayor.
E. Assignment. Employee shall not assign any rights or obligations under this Agreement, nor any interest in it. City may, upon prior written notice to Employee, assign its rights and obligations hereunder.
F. Governing Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action or motion to enforce the terms or conditions of this Agreement shall be brought only in the Superior Court of California for the County of Kern.
G. Waiver. Waiver by any party of any breach of this Agreement by the other party, whether such waiver be direct or implied, shall not be construed as a continuing waiver or consent to any subsequent breach of this Agreement on the part of the other party.
H. Attorneys' Fees. If either party commences any action or proceeding relating to this Agreement or the enforcement of any provision of this Agreement against the other party, the prevailing party, in such action or proceeding, shall be entitled to recover reasonable attorneys' fees, costs, and all other litigation costs.
I. Counterparts. This Agreement may be executed in counterparts and the respective signature pages for each party may thereafter be attached to the body of this Agreement 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:
TRANSPORTATION MANAGER EMPLOYMENT AGREEMENT
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 of after January 1, 2012, any contract executed of renewed between a local agency, such as the City, and an officer or Employee of a local agency, such as Employee that provides funds for the legal criminal defense of an officer or Employee shall require that any funds provided for that purpose be fully reimbursed to the local agency if the officer or Employee is convicted of a crime involving an abuse of his or her office or position. c. Government Code section 53243.3 states that on or after January 1, 2012, if a local agency, such as the City, provides, in the absence of a contractual obligation, for any of the payments described in the corresponding article of the Government Code, then the Employee or officer, such as Employee, receiving any payments provided for those purposes shall fully reimburse the local agency that provided those payments in the event that the Employee or officer is convicted of a crime involving the abuse of his or her office or position.
d. Government Code sections 87100 et seq., section 1090 and section 1126, and all other similar statutory and administrative rules, prohibit conflicts of interest.
During the term of this Agreement, Employee shall comply with all those requirements of law, and shall not engage in any business or transaction or maintain a financial interest which conflicts, or reasonably might be expected to conflict, with the proper discharge of Employee's duties under this Agreement.
Employee represents that he has reviewed, is familiar with, and agrees to comply fully with each of these provisions if any of these provisions are applicable to his, 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 inere 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
TRANSPORTATION MANAGER EMPLOYMENT AGREEMENT
of the Agreement. This Agreement may be altered, amended, or modified only by an instrument in writing, executed by the parties to this Agreement and by no other means.
Each party waives their future right to claim, contest or assert that this Agreement was modified, cancelled superseded or changed by any oral agreement, course of conduct, waiver or estoppel.
L. Further Assurances. Each party shall execute and deliver such papers, documents, and instruments, and perform such acts as are necessary or appropriate, to implement the terms of this Agreement and the intent of the parties to this Agreement.
M. Binding Effect. The rights and obligations of this Agreement shall inure to the benefit of, and be binding upon, the parties to the contract and their heirs, administrators, executors, personal representatives, successors and assigns, and whenever the context so requires, the masculine gender and includes the feminine and neuter, and the singular number includes the plural. This Agreement may be executed in any number of counterparts, each of which shall be considered as an original and be effective as such.
N. Non-Interest. With the exception of Employee, no officer or employee of the City shall hold any interest in this Agreement (California Government Code section 1090). [Signature Page Follows]
TRANSPORTATION MANAGER EMPLOYMENT AGREEMENT
IN WITNESS WHEREOF, City has caused this Agreement to be signed and executed on its behalf by its City Manager and duly attested to by its City Clerk, and Employee has signed and executed this Agreement, as of the date written below.
Dated: _ CITY OF ARVIN
By: _
JEFF JONES, CITY MANAGER
Dated: EMPLOYEE
By: _
HESHAM ELSHAZLY
ATTEST:
By: _
DEPUTY CITY CLERK
APPROVED AS TO FORM:
By:
NATHAN M. HODGES, ESQ.
CITY ATTORNEY
Attachments:
Exhibit "A": Transportation Manager Job Description
Exhibit "B": Severance Agreement
TRANSPORTATION MANAGER EMPLOYMENT AGREEMENT
Exhibit "A"
Transportation Manager Job Description
TRANSPORTATION MANAGER EMPLOYMENT AGREEMENT
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.
Transportation Manager
• 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.
Transportation Manager
• 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 Transportation Manager
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:
Exhibit "B"
Agreement Of Separation, Severance, And
General Release
TRANSPORTATION MANAGER EMPLOYMENT AGREEMENT
AGREEMENT OF SEPARATION, SEVERANCE, AND GENERAL RELEASE
1. PARTIES
This Agreement of Separation, Severance, and General Release (hereinafter referred to as the Ay or ent) a emeied in torporative City herein), and Hesham Bishazly annelyeen the "Agreement") is entered into effective this herein).
2. RECITALS
2.1 Employee was hired by the City as an at-will Transportation Manager effective on or about
2.2 On or about , 20 _ the City provided Employee with a Notice of Termination without Cause (or the Employee provided the City a letter of resignation, wherein Employee informed the City of his intent to resign.) Pursuant to the Notice of Termination (or Employee's resignation letter), the City and Employee desire that Employee separate from employment with the City and enter into this Agreement whereby Employee receives severance compensation in exchange for executing a general release and waiver of any and all claims that Employee may have against the City, including but not limited to, its elected and non-elected officials, Employees, attorneys, and agents. Accordingly, the parties hereto intend by this Agreement to mutually conclude any and all employment relationships between the City and Employee by means of Employee's separation as Transportation Manager as of the day of 20_ This Agreement sets forth the full and complete terms and conditions concluding Employee's employment relationship with the City and any obligations related thereto, including any provided under the Employment Agreement.
2.3 In accordance with this Agreement and with applicable state and federal laws, Employee acknowledges that Employee has been advised of Employee's post-employment rights, including but not limited to, Employee's rights under the Consolidated Omnibus Budget Reconciliation Act of 1985 ("COBRA"), the Employee Retirement Income Security Act of 1974 ("ERISA"), and the Health Insurance Portability and Accountability Act of 1996 (" HIPAA"), and of his rights under the Age Discrimination in Employment Act, and the Older Workers Benefit Protection Act.
3. CONSIDERATION
3.1 Employee shall receive payment to his at the time of his voluntary separation all earned salary, accrued fringe benefits as detailed in the Employment Agreement, and/or all other wage compensation/benefits owed to Employee upon separation of employment, as required by state, federal or municipal law or any other Agreement with the City.
TRANSPORTATION MANAGER EMPLOYMENT AGREEMENT
3.2 In exchange for the waivers and releases set forth herein, the City shall cause to be paid to Employee an additional compensatory payment as severance pay by means of a lump sum payment of _), as set forth in in the form of a check made payable to Employee to be mailed to Employee at Employee's home address via certified mail return receipt requested within thirty (30) business days after the Effective Date (as defined below) of this Agreement. The lump sum payment shall be subject to applicable state and federal withholdings as determined appropriate by the City.
3.3 In exchange for the severance payment provided for herein, Employee, and on behalf of Employee's Spouse, heirs, representatives, successors, and assigns, hereby releases, acquits, and forever discharges the City, and each of its predecessors, successors, assigns, officials, employees, representatives, agents, insurers, attorneys, and all persons and entities acting by, through, under, or in concert with any of them, and such of them (hereinafter referred to as "the City Parties"), from any and all claims, charges, complaints, contracts, understandings, liabilities, obligations, promises, benefits, Agreements, controversies, costs, losses, debts, expenses, damages, actions, causes of action, suits, rights, and demands of any nature whatsoever, known or unknown, suspected or unsuspected, which Employee now has or may acquire in the future, or which Employee ever had, relating to or arising out of any act, omission, occurrence, condition, event, transaction, or thing which was done, omitted to be done, occurred or was in effect at any time from the beginning of time up to and including the effective date of this Agreement (hereinafter referred to collectively as "Claims"), without regard to whether such Claims arise under the federal, state, or local constitutions, statutes, rules or regulations, or the common law. Employee expressly acknowledges that the Claims forever barred by this Agreement specifically include, but are not limited to, claims based upon any alleged breach of the contract or any other Agreement of employment, any demand for wages, overtime or benefits, any claims of violation of the provisions of ERISA, COBRA or HIP AA, any alleged breach of any duty arising out of contract of 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
TRANSPORTATION MANAGER EMPLOYMENT AGREEMENT
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 further augments the ADEA and prohibits the waiver of any right or claim under the ADEA, unless referred to as the "OWBPA," 29 U.S.C. § 626, et. seg., Pub L 101-433, 104 Stat. 978 (1990)) 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;
TRANSPORTATION MANAGER EMPLOYMENT 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 This Agreement shall not be effective until all parties have signed the Agreement and ten (10) days have passed since Employee's execution of same ("Effective Date").
5. UNKNOWN CLAIMS
In relation to the release provisions of Paragraphs 3, and 4 above, Employee understands that California Civil Code section 1542 reads as follows:
"GENERAL RELEASE--CLAIMS EXTINGUISHED"
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS
WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT
TO EXIST IN HIS OR HER FAVOR AT THE TIME OF
EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM
OR HER MUST HAVE MATERIALLY AFFECTED HIS OR
HER SETTLEMENT WITH THE DEBTOR."
Employee hereby waives the protection of California Civil Code section 1542.
6. WAIVER OF ADDITIONAL CLAIMS
Employee hereby waives any provisions of state or federal law that might require a more detailed specification of the claims being released pursuant to the provisions of Paragraphs 3, 4, and 5 above.
7. REPRESENTATIONS AND WARRANTIES
Each of the parties to this Agreement represents and warrants to, and agrees with, each other party as follows:
7.1 Advice of Counsel: The parties hereto have received independent legal advice from their respective attorneys concerning the advisability of entering into and executing this Agreement or have been given the opportunity to obtain such advice. The parties acknowledge that they have been represented by counsel of their own choice in the negotiation of this Agreement, that they have read this Agreement; that they have had this Agreement fully explained to them by such counsel or have had such opportunity to do so and that they are fully aware of the contents of this Agreement and of its legal effect.
7.2 No Fraud in Inducement: No party (nor any officer, agent, employee, representative, oI 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
TRANSPORTATION MANAGER EMPLOYMENT AGREEMENT
or promise of any other party in executing this Agreement, or in making the settlement provided for herein, except as expressly stated in this Agreement.
7.3 Independent Investigation: Each party to this Agreement has made such investigation of the facts pertaining to this settlement and this Agreement and all the matters pertaining thereto, as it deems necessary.
7.4 Mistake Waived: In entering into this Agreement, each party assumes the risk of any misrepresentation, concealment, or mistake. If any party should subsequently discover that any fact relied upon by it in entering into this Agreement was untrue, or that any fact was concealed from it, or that its understanding of the facts or of the law was incorrect, such party shall not be entitled to any relief in connection therewith, including without limitation on the generality of the foregoing any alleged right or claim to set aside or rescind this Agreement. This Agreement is intended to be, and is, final and binding between the parties, regardless of any claims of misrepresentation, promise made without the intent to perform, concealment of fact, mistake of fact or law, or any other circumstance whatsoever.
7.5 Later Discovery: The parties are aware that they may hereafter discover claims or facts in addition to or different from those they now know or believe to be true with respect to the matters related herein. Nevertheless, it is the intention of the parties that Employee fully, finally, and forever settle and release all such matters, and all claims relative thereto, which do now exist, may exist or have previously existed against the City or the City Parties. In furtherance of such intention, the releases given here shall be, and remain, in effect as full and complete releases of all such matters, notwithstanding the discovery or existence of any additional or different claims or facts relative thereto.
7.6 Indemnification: Employee agrees to indemnify and hold harmless the City or the City Parties from, and against, any and all claims, damages, or liabilities sustained by them as a direct result of the violation or breach of the covenants, warranties, and representations undertaken pursuant to the provisions of this Agreement. Employee understands and agrees that Employee shall be exclusively liable for the payment of all taxes for which Employee is responsible, if any, as a result of Employee's receipt of the consideration referred to in Paragraph 3 of this Agreement. In addition, Employee agrees fully to indemnify and hold the City Parties harmless for payment of tax obligations as may be required by any federal, state, or local taxing authority, at any time, as a result of the payment of the consideration set forth in Paragraph 3 of this Agreement.
7.7 Future Cooperation: Employee shall execute all such further and additional documents as shall be reasonable, convenient, necessary, or desirable to carry out the provisions of this Agreement.
7.8 Return of Confidential Information and Property: Prior to the separation all City keys, equipment, passwords, computer identification cards o 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.
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 probibit 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.
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 us Agreement, as well a any instrument contemplated in cornand it 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 Employee: Hesham Elshazly
City Hall Address set forth in Employee's Personnel
200 Campus Drive File.
Arvin, California 93203