Agenda — Arvin City Council, November 26, 2024

CARVIN

CALIFORNIA
he garden in the Jun
Incorporated Dec. 21 1960

SPECIAL MEETING AGENDA
OF THE

ARVIN CITY COUNCIL/ SUCCESSOR AGENCY TO THE

ARVIN COMMUNITY REDEVELOPMENT AGENCY/ ARVIN HOUSING

AUTHORITY/ ARVIN PUBLIC FINANCING AUTHORITY
TUESDAY NOVEMBER 26, 2024 5:00 p.m.

CITY HALL COUNCIL CHAMBERS
200 CAMPUS DRIVE, ARVIN
CALL TO ORDER Mayor Daniel Borreli

PLEDGE OF ALLEGIANCE

INVOCATION
010*0*0*0*0000000*0000000*0000000001000*0*0*0*0707070***************** ROLL CALL Daniel Borreli Mayor
Susana Reyes Mayor Pro Tern
Donny Horton Councilmember
Tim Tarver Councilmember
******************************************
STAFF Jeff Jones City Manager / Finance Director
Nathan Hodges City Attorney - Hodges Law Group
Cecilia Vela City Clerk
*
I pledge allegiance to the flag of the United States of America and to the Republic for which it stands, one nation, under God, indivisible, with liberty and justice for all.

1. APPROVAL OF AGENDA AS TO FORM.

Roll Call: CM Tarver _CM Horton _ MPT Reyes. Mayor Borreli —

2. ACTION ITEM(S)
A. Consideration, Discussion, and Possible Approval of Grants Manager Employment Agreement (Mayor Borreli and CM Horton) (Human and Community Resources Manager to provide staff report)
Staff recommends that this item not be approved at this meeting but should be considered at an upcoming meeting
Roll Call: CM Tarver CM Horton MPT Reye.. 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. (Mayor Borreli and CM Horton) (City Manager to provide staff report) Motion Second_ Vote
Staff recommends that this item not be approved at this meeting but should be considered at an upcoming meeting
Roll call: CM Tarver CM Horton MPT Reyes_ Mayor Borrel_ 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 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. (Mayor Borreli and CM Horton) (Chief of Police to provide staff report) Arvin City Council Special Meeting Agenda - November 26, 2024

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Staff recommends that this item not be approved at this meeting but should be considered at an upcoming meeting
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) (Human and Community Resources Manager to provide staff report) Staff recommends that this item not be approved at this meeting but should be considered at an upcoming meeting
Motion Second Vote
Roll Call: CM Tarver _ CM Horton MPT Reyes_ Mayor Borreli 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 (Mayor Borreli and CM Horton) (Transit Manager to provide staff report)
Staff recommends that this item not be approved at this meeting but should be considered at an upcoming meeting
Motion Second Vote
Roll Call: CM Tarver _ CM Horton MPT Reyes — Mayor Borreli F. Approval and Adoption of the 2024 Christmas Parade and Related General -und Budget Adjustment in the Amount of Approximately $8,039.32 (Mayol Borreli and CM Horton) (Human and Community Resources Manager tr provide staff report)
Motion Second Vote
Roll Call: CM Tarver CM Horton MPT Reyes Mayor Borreli
Arvin City Council Special Meeting Agenda - November 26, 2024

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3. CLOSED SESSION ITEM(S)
A. THREAT TO PUBLIC SERVICES OR FACILITIES (Government Code §54957(a).)
Consultation with: City Manager and/or City Attorney. (one item)

4. 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 24 hours prior to the meeting. Dated November 25, 2024 at 5:30 pm.

Jeff Jones, Deputy City Clerk
Arvin City Council Special Meeting Agenda - November 26, 2024

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CITY OF ARVIN
Staff Report
Meeting Date: November 26, 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 is to not consider this item at this meeting, but to schedule it for consideration at an upcoming meeting.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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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;
viii. Résumé fraud or other acts of material dishonesty; ix. Unauthorized absence or leave
x. Violation of the City's anti-harassment policies and/or a finding that legally prohibited personal acts of harassment against a City official or employee

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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

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review and consideration of the advisory decision, Employee shall be notified in writing as to whether the advisory decision will be upheld, modified, or rescinded.

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

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

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

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

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

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

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

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personnel information, information pertaining to on-going or potential litigation, information learned in the context of the attorney-client relationship with the City Attorney or special counsel to the City.

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

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

Following the termination of this Agreement, Employee shall not use ot 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.

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

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

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

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

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

11. GENERAL PROVISIONS.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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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 anc 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

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Exhibit «A"
Grants Manager Job Description

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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

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

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• 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

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• 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

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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
1 Employee was hired by natCh as sure il rae la an erotive i or lout to a written Employment Agreement, a copy of which is attached hereto as Exhibit "1" ("Employment Agreement"). Employee is currently _ years old.

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

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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.

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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 VII of the Civil Rights Act of 1964, the Public Safety Officers Procedural Bill of Right Act, and any other federal, state, or local human rights, civil rights, or employment discrimination or Employee rights statute, rule, or regulation. Nothing herein shall be interpreted as a release or waiver of any workers' compensation claims or in any way prohibit or prevent Employee from participating in any claims or administrative action brought by a state or federal agency.

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

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

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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 or at least had the opportunity to do so, and Employee represents by signing this Agreement that Employee does not need any additional time within which to review and consider this Agreement;
g) Employee has seven (7) days following Employee's execution of this Agreement to revoke the Agreement;
h) Notice of revocation within the seven (7) day revocation period must be provided, in writing, to the City pursuant to Paragraph 8.9 herein, and must state, "I hereby revoke my acceptance of our Agreement of Severance and General Release;" and i) This Agreement shall not be effective until all parties have signed the Agreement and ten (10) days have passed since Employee's execution of same ("Effective Date").

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

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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 (not any officer, agent, employee, representative, or attorney of or for any party) has made any statement or representation or tailed to make any statement or representation to any other party regarding any fact relied upon in entering into this Agreement, and neither party relies upon any statement, representation, omission or promise of any other party in executing this Agreement, or in making the settlement provided for herein, except as expressly stated in this Agreement.

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

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

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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 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.

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

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

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

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

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GRANTS MANAGER EMPLOYMENT AGREEMENT

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.

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

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

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

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

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

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

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

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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.

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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:

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GRANTS MANAGER EMPLOYMENT AGREEMENT

CITY OF ARVIN
Staff Report
Meeting Date: November 26, 2024
TO: Arvin 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.

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Staff Report - First Amendment to PSA with DPSI
STAFF RECOMMENDATION:

Staff recommends that this item not be approved at this meeting but should be considered at an upcoming meeting.

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 SBI 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 4th Street Project

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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").

B. 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.

2. Page 2, Section 3.1 of the Agreement entitled Payment for Services shall be 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.

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First Amendment to Professional Consultant Services Agreement for On-Call Engineering Services

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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:
(1) Provide On-Call Engineering Services from Diversified Project Solutions International, Inc. dated May 7, 2024;
(2) Provide Services for Meyer Street Design dated September 16, 2024; and (3) Provide Services for 4' Street Design dated September 16, 2024.

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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 4th Street Design dated September 16, 2024, and attached hereto as Exhibit "A(2)."

5. 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.

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.

7. 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]

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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

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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

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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

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First Amendment to Professional Consultant Services Agreement for On-Call Engineering Services
DPSI

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 • Long Beach | www.dpsiinc.com SPSI

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 RFl'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.

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• 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:
• 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
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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.
au-
Samuel D. Lux, PE
Director of Civil Engineering
Meyer Street Design | 240463 Page | 4
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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 Page | 5
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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 4*h 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 BPS

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. 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).

DIVERSIFIED PROJECT SERVICES

INTERNATIONAL
• The client will communicate any design, budgetary, or scheduling criteria or constraints prior to 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 prevailing wage rates.
• Reimbursable expenses, including but not limited to reproduction costs, are in addition to the fees quoted above.
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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 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
4th Street Design | 240463 Page | 4
SPSI

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.

CITY OF ARVIN
Staff Report
Meeting Date: November 26th, 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 recommends that this item not be approved at this meeting but should be considered at an upcoming meeting.

ATTACHMENTS:

1. Quote trom Flock Satety 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, determined that the vendor is the single source of the supplies, equipment, or services to be equipment, or services without completing the City's bidding or proposal process if the supplier is 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, Ine 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 26th 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 CA - Arvin PD
spacien Terms: Ments
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
Item Cost Quantity Total
Flock Safety Platform $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
Implementation Fee - $650.00 $6,500.00
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 for 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 platform that detects, centralizes and decodes actionable evidence to FlockOS ™ - - Essentials increase safety, improve efficiency, and connect the community.

Law enforcement grade infrastructure-free (solar power + LTE) license plate recognition camera Flock Safety 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 setup 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 location, 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 Search footage using Vehicle Fingerprint™ technology. Access vehicle type, make, color, license Vehicle Fingerprint Search plate state, missing / covered plates, and other unique features like bumper stickers, decals, and roof racks.
eporting tool to help administrators manage their LPR program with device performance dal Insights & Analytics ser and network audits, plate read reports, hot list alert reports, event logs, and outcome repor ESRI Based Map Interface Map-based interface that consolidates all data streams and the locations of each connected asset, enabling greater situational awareness and a common operating picture.

Receive automated alerts when vehicles entered into established databases for missing and Real-Time NCIC Alerts on Flock ALPR Cameras wanted persons are detected, including the FBl's National Crime Information Center (NCIC) and National Center for Missing & Exploited Children (NCMEC) databases.

Unlimited Custom Hot Lists Ability to add a suspect's license plate to a custom list and get alerted when it passes by a Flock 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- 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®

CITY OF ARVIN
Staff Report
Meeting Date: November 26, 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 or 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 not approve the Transportation Manager job description and employment agreement at this meeting, but to consider it at an upcoming Council meeting.

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, there will be no financial impact to the general fund budget.

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 26" 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 26, 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.

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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 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

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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.

CaPERS 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

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compensation (exclusive of Employee's base salary) or benefits provided to Employee.

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 ot 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;

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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 rohibited personal acts of harassment against a City official or employe or legally prohibited personal acts of discrimination against a City officia 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.

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.

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.

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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 or 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 or potential litigation, information learned in the context of the attorney-client relationship with the City Attorney or special counsel to the City.

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

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

G. Severance. In the event that Employee is terminated "Without Cause," he shall be entitled to severance pay as follows:

An amount equal to Forty-five days.

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"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.

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.

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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.

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.

F. Groverning 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.

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.

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:

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

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.

Captions are used for reference purposes only and should be ignored in the interpretation

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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.

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

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

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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

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Exhibit "A"
Transportation Manager Job Description

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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

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

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

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

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

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

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

HISTORY
Approved by:

Date:

Exhibit "B"
Agreement Of Separation, Severance, And
General Release

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AGREEMENT OF SEPARATION, SEVERANCE, AND GENERAL RELEASE

1. PARTIES
This Agreement of Separation, Severance, and General Release (hereinafter referred to as the "Agreement") is entered into effective this day of by and between the City of Arvin, a municipal corporation ("'City" herein), and Hesham Elshazly ("Employee" herein).

2. RECITALS

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

2.2 On or about , 20 the City provided Employee with a Notice of Termination without Cause (or the Employee provided the City a letter of resignation, wherein Employee informed the City of 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.

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

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

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

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Employees, if any, including but not limited to Government Code Sections 825-825.6 and Sections 995-996.6.

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

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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").

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.

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

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

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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.

7.6 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.

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TRANSPORTATION MANAGER EMPLOYMENT AGREEMENT

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

8. MISCELLANEOUS

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

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

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

Arvin, California 93203

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

Dated: "Employee"
By_

HESHAM ELSHAZLY
Dated: City of Arvin
By:

Name:

Title: MAYOR
APPROVED AS TO FORM:

For City:

By:

Name:

Title: CITY ATTORNEY
For Employee (if represented):

By:

Name:

Title:

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TRANSPORTATION MANAGER EMPLOYMENT AGREEMENT
EXHIBIT "1"

EMPLOYMENT AGREEMENT

Page 22 ends

TRANSPORTATION MANAGER EMPLOYMENT AGREEMENT

CITY OF ARVIN
Staff Report
Meeting Date: November 26, 2024
TO: Arvin City Council
FROM: 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 not 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, but instead to consider this item at an upcoming Council meeting..

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 special meeting thereof held on the 26" day of November by the following vote:

Reso Approving Sale of CNG Equipment Declared as Surplus

Page 1 of 2 ends

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
1,- _ 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

Page 2 of 2 ends

CITY OF ARVIN
Staff Report
Meeting Date: November 26, 2024
TO: Arvin City Council
FROM: Megan Snyder, Human & Community Resources Manager Jeff Jones, City Manager
SUBJECT: Approval and adoption of the 2024 Christmas Parade BACKGROUND:

The City of Arvin has continued to add public events and opportunities for outreach and community collaboration. In January, the City Council approved the 2024 potential community events and the corresponding budgets. We have been able to achieve many of the intended events. Historically, the Arvin Chamber of Commerce has hosted the Arvin Parade. This year, the officials from the Arvin Chamber of Commerce confirmed that they would not be hosting the parade. City of Arvin officials heard the public outcry and hope to answer the call. City officials met with community members and have formulated a contingency plan to host the parade, but with a route change to utilize City Streets.

The goal is to keep the Christmas tradition alive in our great city and continue to carry the torch of what the Arvin Chamber started, thus the 2024 Hometown Christmas - Christmas Parade was born.

STAFF RECOMMENDATION:

The recommendation to open approve and adopt the 2024 Christmas Parade, to include but not limited to:
date, route, and corresponding budget.

FINANCIAL IMPACT:

The total budget to include Police, Public Works, Admin personnel cost, lighting, insurance, and materials is $9699.52. The city will forego hosting the Christmas tree lighting event and put the $1,660 budget allocation to the parade. As a result, the total difference in unbudgeted cost is $8,039.52.

ATTACHMENTS:
2024 Christmas Parade Plan
ARVIN TEARS TMAS PARADE 2024

EVENT DETAIL
Saturday, December 14, 2024, Commence at 6:30pm

NEW ROUTE
The parade will start at Meyer, just south of Highway 223 and will continue south on Meyer and end at Sycamore.

All streets will be blocked with hard closures. Through traffic will be strictly prohibited.

BUDGET
PD: 36 hours (3 supervisors, 6 officers) $4,104.00
PW: 30 hours $900.00
HCR: 8 hours $500.00
Insurance: $945.52
Lighting $2,750.00
Purchases, if any: $500.00
Total: $9,699.52

PARADE MAP
STAGING: in front of City Hall/APD
ROUTE: is heading South from Meyer (South of 223) to Sycamore.

PICK UP: for walking participants will be on Meyer (South of Sycamore) RIE
rOU
ARD ST Vallarta
Dollar Tree C
Supermarke
ARCO O • AutoZone Starbucks C
1 ROAD CLOSURES:

Kong's Kitch n 1
CVS.I ac
Tucker Street

TUCKER ST
Orange
MONROE ST Laurel
Haven Drive
MEYER ST Hood Street
" Burger Time Franklin Street
GA Have McElroy
Midd
ivo WALNUT DR MONROE ST WALKER ST GROVE ST HOLDEN ST Alley* © DI Giorgio Park Langford
Hanson

FABIAN ST
Olson
arket t
Schipper

FRANK NIST FRANKLIN ST
Sycamore

COMBS AVE

MCELROY S
mothermon Park C HANSON LN

OLSON WAY

WALNUT DR

VE SCHIPPER AVE
ARLO Spacema

D SYCAMORE RD
C610 S
AQI 33 €
TRINO AVE *East Side between Franklin &
Langford

Arvin City CouncilNovember 26, 2024

Arvin City Council
November 26, 2024