ARV CALIFORNIA  e gahdkn Incorporated Dec, 21 1960  REGULAR MIEETING AGENDA  OFTHE  ARVIN CITY COUNCIL/SUCCESSOR AGENCY TO THE ARVIN COMMUNITY REDEVELOPMENT AGENCY/ARVINI HOUSING AUTHORIV/ARYIN PUBLIC FINANCING AUTHORITY  TUESDAY NOVEMBER 12, 2024 6:00p.m. CITY HALL COUNCIL CHAMBERS 200 CAMPUS DRIVE, ARVIN  CALLTO ORDER PLEDGEOFALLEGIANCE  Mayor Daniel Borreli  INVOCATION ROLLCALL  Daniel Borreli Susana Reyes Donny Horton Tim Tarver Vacant  Mayor Mayor Pro" Tern Councilmember Councilmember Councilmember  STAFF  Jeff. Jones Nathan Hodges Cecilia Vela  City Manager / Finance Director City Attorney Hodges Law Group  City Clerk    e a e - a  p E  3 D - D o, - €  - e ) S    PUBLIC COMMENTS:  The meetings of the City Council and all municipal entities, commissions, and boards ("the City") are open to the public. At regularly scheduled mectings, members of the public may acdress the Cily on any item listed ou the agenda, or on any non-listed matter over which the City has jurisdiction. Atspecial or emergency meetings, members of the public may only address the City on items listed on the agenda. Such comments shall be made inp person and! before the City during thei meeling as prescribed below, Thereisat time limitation oftwo (2) minutes per person. However, the Citys shall allow a speaker using at translator four (4) minutes to cnsure that non-English speakers receive the same opportunity to directly address the Cily, Sixteen Minutes (16) total (plus additional time based on use ofat translator, ifany) willl be allowed for any one subject. For any item that is noto on the agenda and within the jurisdiction or interest oft the City, please come to the podium at this lime. The Brown Act does not permit any action or discussion on items not listed on the agenda. Ifyou wish to speak regarding a scheduled agenda item, please come to the podium when thei item number and subject matter are announced, and thel Mayor or Chair opens Public Comment on the item. When recognized, please begin by providing, your name and address for the record (optional). Anyone wishing to submil written information att the mceting needs to furnish ten (10) copiest to the City Clerkc in advance to allow for distribution to City Council, staffand thei media. Willful disruption ofthe meetings shall not be permitted. Ifthe Mayor finds thal there isi in fact willful disruption ofany City Council Mceting, he/she may order the disrupting partics out oft the room and subsequently conduct the City's business Ina accordance with thel Brown Act, all matters to be acted on by the City must be posted at least 72 hours prior toar regular meeting. In cases of an emergency, or when as subject matter needs immediate action or comes to the attention oft the City subsequent to the agenda being posted, upon making certain findings, the City may act Staffr reports and other disclosablc publici records related to open session agenda items arc available at Cityl Hall,  without them present,  on an item that was not on the posted agenda. AGENDA STAFE REPORTS AND HANDOUTS: 200 Campus Drive, Arvin, CA 93203 during regular business hours. CONDUCT INTHE CITY COUNCIL CHAMBERS:  Rulos of Decorum for the Public  Membcrs of the audience shall not engage in disorderly or boisterous conduct, including the utterance ofl loud, threatening or abusive language, clapping, whistling, stamping of feel or other acts which disturb, disrupt, impede or otherwise render the orderly conduct of the City mecting infeasible. A member of the audience engagingi in any such conduct shall, at the discretion ofthe presiding officer or ai majority ofthe City, bes subject Any person who commits the following acts in respcct to a meeting of the City shall be removed from the (a) Disorderly, contemptuous or insolent bchavior toward the City or any member thercof, tending to (b) Al breach ofthep peace, boisterous conduct or violent disturbance, tending toi interrupt the duc and orderly (c) Disobedience ofany lawful order of thel Mayor, which shall include an order to be seated or to refrain  to ejection from the meeting per Gov. Code Sect. 54954.3(c). Removal from the Council Chambers: Council Chambers per Gov. Code Sect. 54954.3(c).  interrupt the due and orderly course of said meeting;  course ofsaid meeting; from addressing the City; and AMERICANS with DISABILITIES ACT:  (d) Any other unlawful interference with the due and orderly Course ofsaid meeting.  Inc compliance with the ADA, ify you need special assistance to participate in a City meeting or olher services offered by the City, please contact thc Cily Clerk's office, (661) 854-3134. Notification of at least 48 hours prior to the meeting or time when serviçes are needed will assist thc City staff in assuring that reasonable  arrangements can be made to provide accessibility to the meeting or service.    1. APPROVAL OF AGENDA AS TO FORM.  Motion Roll Call: CMTarver  Second  Vote  CM Horton MPT Reyes  Mayor Borreli.  2. PRESENTATIONS  Presentation by Javier Caltenco, U.S. Small Business Administration Public Information Officer - Office of Disaster Recovery and Resilience Field Operations SUBJECT: Disaster Loans and other resources for Victims of the Borel Fire (FEMA  Center - West Disaster CA-20028)  3. CONSENT AGENDA ITEM(S)  A. Approval of Demand Register(s) of October 15th, October 22nd. October 24th, B. Approval of Payroll Register of October gth to October 21st2024  and October 30th 2024  C. Approval of Minutes for the Regular Arvin City Council meeting of October 22, D. Approval of a Proclamation proclaiming Wednesday, November 13, 2024 as 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  2024  William Gregg "Cowboy" Day  Manager to Authorize Sale of the Equipment Staff recommends approval of the consent agenda.  Motion Roll Call: CM' Tarver  Second  Vote.  CM Horton MPT Reyes.  Mayor Borreli  Arvin City Council Meeting Agenda- - November 12, 2024  Page 1of4    4. PUBLIC HEARING ITEM(S)  Al Public Hearing to Consider Approval of A Resolution of the City Council of the City of Arvin Declaring the Necessity to Commence Eminent Domain Proceedings for the Acquisition of the Property Located at the Southeast Corner of Rancho Dr. and Millux Rd., Arvin, California 93203: APN446-010- Staff recommends that the City Council open the hearing, allow for public testimony, and then close the hearing and approve the Resolution of  04. (City Manager)  Necessity.  5. ACTION ITEM(S)  A. Consideration, Discussion, and Possible Approval of Grants Manager Employment Agreement (Mayor Borreli and CM Horton) (HR Manager to Staff recommends discussion of this item by the Council and then to provide  provide staff report)  direction to staff.  Roll Call: CM Tarver CMI Horton MPTI Reyes  Mayor Borreli  B. Consideration and Approval of a First Amendment to the Professional Consultant Services Agreement between the City of Arvin and DPSI Engineers, Inc. for On-Call Engineering Services in the Amount of $470,900.00 for the (1) Design of Street Construction of 4th Street between Campus Drive and' Walnut Drive, and (2) Design of Paving and Reconstructing of Meyer Street Between Bear Mountain Boulevard and Sycamore Drive. (City Staff recommends approval of the First Amendment to the Professional Consultant Services Agreement between DPSI Engineers, Inc. and the City of  Manager)  Arvin. Motion_ Roll call: CM Tarver_  Second_ CMI Horton_  Vote_ MPT Reyes_  Mayor Borreli  C. Consideration and Approval of A Resolution of the City Council of the City of Arvin Accepting and Awarding Bid and Authorizing the City Manager to  Arvin City Council Meeting Agenda November 12,2024  Page 2 of4    Execute the Quote from Flock Group, Inc. for a two-year Subscription Purchase of Fifteen (18) Flock Safety Falcon Cameras and Related Technology in the Amount of $109,550.00, and Authorizing the Purchase based on the Sole Source Exemption of City of Arvin Purchasing Policy. (City Staff recommends approval of the Quote from the Flock Group, Inc.  Manager)  Motion Roll call: CM Tarver_  Second CM Horton_  Vote MPT Reyes_  Mayor Borreli  D. Consideration, Discussion, and Possible Approval of Transit Manager Employment Agreement and Job Description (Mayor Borreli and CM Horton) Staff recommends discussion of this item by the Council and then to provide  (HR Manager to provide staff report)  direction to staff Motion  Second  Vote  Roll Call: CM Tarver. CM Horton MPT Reyes  Mayor Borreli  6. SUCESSOR. AGENCY ITEMS  A. Consideration and Acceptance of a Resolution Approving a Purchase Sale Agreement between the Dissolved Arvin Community Redevelopment Agency (Successor Agency) and State Foods LLC or Assignee and Arvin Walnut Properties LLC for the purchase of APNS 190-270-01, 190-270-03, 190-270- 05, and 190-270-06 which consists of a total of 5.14 acres and is located at Bear Mountain Blvd and North Walnut Street in the City of Arvin CA in the Staff recommends approval of the Purchase and Sale Agreement between State Foods LLC or Assignee and Arvin Walnut Properties LLC and the  amount of $1,032,098. (City Manager)  Dissolved Arvin Community RedevecpmentAgeny:  Motion  Second  Vote  Roll Call: AM/CM Tarver. AM/CM Horton_ AM/MPT Reyes_ - Chair/Mayor Borreli_  7. CITY MANAGER'S REPORT  Arvin City Council Meeting Agenda - November 12,2024  Page3of4    8. REPORT OF COUNCIL MEMBER MEETINGS & CONFERENCES ATTENDED  9.1 PUBLIC COMMENTS  (This is the opportunity for the public to address the City Council on any matter on the agenda or any item of interest to the public that is within the subject matter  jurisdiction of the City Council.) 10. COUNCIL MEMBER COMMENTS 11.CLOSED SESSION ITEMS  A. CONFERENCE WITH LEGAL COUNSEL-POTENTAL LITIGATION Significant exposure to litigation pursuant to $54956.9(b): six cases B. THREAT TO PUBLIC SERVICES OR FACILITIES (Government Code Consultation with: City Manager and/or City Attorney. (one item) C. CONFERENCE WITH LEGAL COUNSEL: LIABILITY CLAIMS (Government  (Government Code $54956.9(b).)  $54957(a).)  Code $54956.95) Against: City of Arvin Code $54956.95) Against: City of Arvin  Claimant: Rose Zuniga = AIMS File No. FR102424.  D. CONFERENCE WITH LEGAL COUNSEL: LIABILITY CLAIMS (Government  Claimant: Frank Lin - AIMs File No. FR102568.  12. ADJOURNMENT  Ihereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the Arvin City Council Chambers Bulletin Board not less than 72 hours prior to the meeting. Dated November 8, 2024.  Jeff Jones,  Clerk  5  Arvin City Council Meeting Agenda -November 12,2024  Page4 4of4    U.S. Small Business Administration  SBA  NEWS RELEASE  Disaster Field Operations Center West  Release Date: Oct. .22,2024 Release Number: CA20793-01  Media Contact: Javier Caltenco, (571) 419-1053, aver.calenco@sbagow Follow us on) X, Facebook, Blogs & Instagram  SBA Offers Disaster Assistance to California  Businesses and Residents Affected by the Park and Borel Fires "As communities across the Southeast continue to recover and rebuild after Hurricanes Helene and Milton, the SBAr remains focused oni its mission to provide support to small businesses tol helps stabilize local economies, eveni in thei face of diminished disaster funding," said Administrator Isabel Casillas Guzman. "lfyour business has sustained physical damage, or you've losti inventory, equipment or revenues, the SBAI will helpy you navigate ther resources available: and work with you at our recovery centers or with our customer service specialists inj person and online so you can fully submit your disaster loan application and be ready to receive financial relief as soon asf funds are replenished." SACRAMENTO, Calif. - Low-interest federal disaster loans are available to California businesses and residents affected byt the Parka and Borel fires that occurred July 24-Aug. 26, announced, Administrator Isabel Casillas Guzman oft the U.S. Small Business Administration. SBA acted under its own authority to declare a disasteri in response to a request SBA received from Gov. Gavin Newsom's authorized representative, Director Nancy Ward, oft the California Office of Emergency Services on Oct. 15. The disaster declaration makes SBA assistance available in Butte, Colusa, Glenn, Inyo, Kern, Kings, LosA Angeles, Mendocino, Plumas, San Bernardino, San Luis Obispo, Santa Barbara, Shasta, Sutter, "Low-interest federal disaster loans are available to businesses of alls sizes, most private nonprofit organizations, homeowners and renters whose property was damaged or destroyed by this disaster," said Francisco SânchezJr., associate administrator fort the Office of Disaster Recovery and Resilience att the Small Business Administration. "Within at few days, SBA will announce the opening ofa Disasterl Loan Outreach Center where SBA disaster representatives' will be on handi to answer questions about SBA's disaster loan program, explain the application process and helpe each Businesses ofa all sizes and private nonprofit organizations may borrow up to $2 million to repair or replace damaged or destroyed real estate, machinery and equipment, inventoryand other business For small businesses, small agricultural cooperatives, small businesses engaged in aquaculture: a and most private nonprofit organizations of any size, SBA offers Economic Injury DisasterLoans tol help meet working capital needs caused by the disaster. Economici injury assistance is available regardless  Tehama, Trinity, Tulare, Ventura and Yuba counties in California.  individual complete their application,"s Sanchez continued.  assets.  ofwhethert the business suffered any property damage.  1Page    "SBA's disaster loan program offers ani important advantage-the chance to incorporate measures can reducei the risk off future damage,"S Sancheza added. "Work with contractors and professionals to: strengtheny your property and take advantage oft the opportunity to mitigation additional SBA disaster loan funds fort these proactivei improvements." Disaster loans upt to $500,000 are available tol homeowners to repair or replace  that  request  real estate, Homeowners and renters are eligible for upt to $100,0001 to repair or damaged replace or destroyed  destroyed personal property, including personal vehicles.  damaged or  Interest rates can be as low as 4 percent for businesses, 3.25 percent for private organizations and 2.688 percent for homeowners and renters with terms to 30 nonprofit amounts and terms ares set by SBA and are based on each applicant's financial upi condition. years. Loan Interest does not begint to accrue until 12 months from the date of the first disaster loan disbursement. SBA disaster loan repayment begins 12 months fromi the date oft the first disbursement. On October1 15, 2024, ity was announced that fundsi fort the Disaster Loan Program have beeni expended. While no newl loans can bei issued until Congress appropriates additional remain committed to supporting disaster survivors. Applications will continue to be funding, accepted we and processed to ensure individuals and businesses are prepared tor receive assistance once  fully funding  becomes available. future funding.  Applicants: are encouraged to submit their loan applications promptlyi for review ina anticipation of Applicants may apply online and receive additional disastera assistancei information at SBA.gov/disaster. Applicants may also call SBA's Customer Service Center at (800) 659-2955 or email stepatomeielasat for morei information on SBA disaster assistance. For are deaf, hard of hearing, or have as speech disability, please dial7 7-1-1t to access telecommunications people The deadline to apply for property damagei is Dec. 20, 2024. The deadline to apply for economici injury  who  relay services. isJuly21,2025.  ###  About the U.S. Small Business Administration  The U.S. Small Business. Administration makes the American dream of business ownership ar the onlys go-to resource and voice fors small businesses backed byt the strength oft the federal reality. As government, the SBA empowers entrepreneurs and small business owners witht the resources and support they need tos start, grow or expand their businesses, or recover from a declared disaster. It delivers services through an extensive network ofSBAf field offices and partnerships with publicand  private organizations. Tol learn more, visit www.sba.gov.  2/Page    U.S. Small Business Administration  NEWS  SBA  RELEASE  Disaster Field Operations Center West  Release Date: Oct. 23,2024 Release Number: CA20793-02  Media Contact: Javier Caltenco, (571) 419-1053, aMer.calencoesbagox Follow us on) X, Facebook, Blogs & Instagram  SBA1 to Open Disaster Loan Outreach Centers in Chico, Lake Isabella and Red Bluff  "As communities across the Southeast continue to recover and rebuild after Hurricanes Helene and Milton, the SBAremains focused oni its mission to provide support to small businesses to helps stabilize local economies, even int thei face of diminished disaster funding,' said Administrator Isabel Casillas Guzman. "lfyour business has sustained physical damage, ory you'vel lost inventory, equipment or revenues, the SBAI will help you navigate the resources available and work withy you at our recovery centers orwith our customer: service specialists, in person and online, soy you can fully submit your disaster loan application: and bei ready to receive financial relief as soon as funds are replenished." SACRAMENTO, Calif. - Francisco Sânchez. Jr., associate administrator fort the Office of Disaster Recovery and Resilience ati the Small Business. Administration, today announcedi the opening ofthree DisasterL Loan Outreach Centers to meet the needs of businesses and individuals who were affected by the Park and Borel fires that occurred July 24-Aug. 26. The centers will be located in thel Butte County Office, North' Valley Plazai in Chico, Isabella Senior Centeri in Lake Isabella and ini the Tehama County "When disasters strike, our Disaster Loan Outreach Centers are keyt tol helping business owners and residents get back ont their feet," " Sânchezs said. "At these centers, people can connect directly with our specialists to apply for disaster loans and learn about thei full range of programs available to rebuild "SBA customer service representatives will be on hand at thei following centers to answer questions about SBA's disaster loan program, explain the application process and help each individual complete theire electronic loan application,' Sânchez continued. The centers willl be open on the days and times  Transportation Commission in Red Bluff beginning Thursday, Oct.2 24.  and move forwardi int their recoveryj journey."  indicated. No appointment is necessary.  BUTTE COUNTY Disaster Loan Outreach Center Butte County Office North' Valley Plaza 765 E.A Ave., Ste. 200 Chico, CA 96926 Opens 12 p.m. Thursday, Oct. 24 Mondays- Fridays, 8:00a.m.-4:30 p.m. Closed on Monday, Nov. 11, for Veterans Day  KERN COUNTY Disaster Loan Outreach Center Isabella Senior Center 6401 Lake Isabella Blvd. Lake Isabella, CA 93240 Opens 12 p.m. Thursday, Oct. 24 Mondays- Fridays, 8a.m.-5 p.m. Closed on Monday, Nov. 11, for Veterans Day  1Page    TEHAMA COUNTY DisasterLoan Outreach Center Tehama County" Transportation Commission 1509: Schwab St. Red Bluff, CA 96080 Opens at12p.m. Thursday, Oct. 24 Mondays- - Fridays, 8 a.m.-5p p.m. Closed on Monday, Nov. 11, for Veterans Day  Businesses ofa all sizes and private nonprofit organizations may borrow upt to $21 million to repair or replace damaged or destroyed real estate, machinery and equipment, inventory and other business Fors small businesses, small agricultural cooperatives, small businesses engaged ina aquaculture and most private nonprofit organizations of anys size, SBAoffers Economic Injury Disasterl Loans tol help meet working capital needs caused byt the disaster. Economic injury assistance! is available regardless "SBA's disaster loan program offers an important advantage-the chance to incorporate measures that can reduce the risk offuture damage,"S Sânchez: added. "Work with contractors and mitigation professionals to strengthen your property and take advantage oft the opportunity to request SBA disaster loans upt to $500,000 are available to homeowners to repair or replace damaged or destroyed real estate. Homeowners and renters are eligible for upt to $100,0001 to repair or replace Interest rates can be: asl low as 4 percent for businesses,: 3.25 percent for private nonprofit organizations and 2.688 percent for homeowners and renters with terms upt to 30 years. Loan amounts andi terms are: set by SBA and are! based on each applicant's financial condition. Interest does not begin to accrue until 121 months fromt the date oft thei first disaster loan disbursement. SBA disaster loan repayment begins 12 months from the date ofthet first disbursement. On October 15, 2024, it was announced that funds fort the Disaster Loan Program have been fully expended. While no new loans can be issued until Congress appropriates additional funding, we remain committed tos supporting disaster. survivors. Applications will continue to be: accepted and processed to ensure individuals and businesses are prepared to receive assistance once funding Applicants are encouraged to: submit their loanapplications promptly fori review in anticipation of Applicants may apply online and receive additional disaster assistance information at SBA.gov/disaster. Applicants may also call SBA's Customer Service Center at (800) 659-2955 or email sEDaReAiseNNsN fori morei information on SBA disaster assistance. For people who are deaf, hard of hearing, or have a speech disability, please dial7-1-1t to access telecommunications  assets.  ofwhethert the business suffered any property damage.  additional SBA disaster loan funds fort these proactive improvements."  damaged or destroyed personal property, including personal vehicles.  becomes available. future funding.  relay services.  2Page    The deadline to apply for property damagei is Dec. 20, 2024. The deadline to apply for economic injury  isJuly21,2025.  ###  About the U.S. Small Business Administration  The U.S. Small Business Administration helps powert the American dream ofb business ownership.. As the only go-to resource and voicet fors small businesses backed byt the strength oft thet federal government, the SBA empowers entrepreneurs: and small business owners withi the resources and supportthey needt to start, grow, expand their businesses, or recover fromac declared disaster.It deliversservices through an extensive network of SBA field offices and partnerships with publica cand  private organizations. To learn more, visit www.sba.gov.  3Page    Date: 10/22/2024  U.S. SMALL BUSINESS ADMINISTRATION FACT SHEET - DISASTER LOANS CALIFORNIA Declaration #20793 & #20794 (Disaster: CA-20028) Incident: PARK & BOREL FIRES occurring: July 24 through August 26. 2024 in the California counties of: Butte, Kern & Tehama;  SBA  U.S. Small Business Administration  and the contiguous California counties of: Colusa, Glenn, Inyo, Kings, Los Angeles, Mendocino, Plumas, San Bernardino, San Luis Obispo, Santa Barbara, Shasta, Sutter, Trinity, Tulare, Ventura & Yuba  Application Filing Deadlines:  Physical Damage: December 20, 2024  Economic Injury: July 21, 2025  Ifyoua are located inac declared disaster area,) your may! be eligible fori financial assistance from the U.S. Small Business Administration (SBA).  What Types of Disaster Loans are Available?  Business Physical Disaster Loans - Loans toi businesses tor repair or replace disaster-damaged property owned by thel business, including real estate, inventories, supplies, machinery and equipment. Businesses of any size are eligible. Private, non-profit Economic Injury Disaster Loans (EIDL) - Working capital loans to help small businesses, small agricultural cooperatives, small businesses engaged in aquaculture, and most private, non-profit organizations of all sizes meet their ordinary and necessary financial obligations that cannot be meta as a direct result oft the disaster. Thesel loans are intendedi to assist through the disaster Home Disaster Loans - Loans to homeowners or renters to repair or replace disaster-damaged real estate and personal  organizations such as charities, churches, private universities, etc., are also eligible.  recovery period. property, including automobiles. What are the Credit Requirements?  Credit History - Applicants must have a credit history acceptable to SBA. Repayment - Applicants must show the ability to repay all loans.  What are the Interest Rates?  By law, thei interest rates depend on whether each applicant has Credit Available Elsewhere. An applicant does not have Credit Available Elsewhere when SBA determines the applicant does not have sufficient funds or other resources, or the ability to borrow from non-govemment: sources, to provide fori its own disaster recovery. An applicant, which SBA determines to have the ability to provide for his or her own recovery is deemed to have Credit Available Elsewhere. Interest rates are fixed for thet term of thel loan. Thei interest rates  applicable for this disaster are: Physical Damage Loan Types Home Loans Business Loans Non-Profit Organizations Economic Injury! Loan Types Businesses & Small Agricultural Cooperatives Non-Profit Organizations What are Loan Terms?  No Credit Available Elsewhere 2.688% 4.000% 3.250% No Credit Available Elsewhere 4.000% 3.250%  Credit Available Elsewhere 5.375% 8.000% 3.250% Credit. Available Elsewhere N/A N/A  The law authorizes loan terms up to ar maximum of 30 years. However, the law restricts businesses with credit available elsewhere to a maximum 7-year term. SBA sets the instaliment payment amount and corresponding maturity. based upon each borrower's ability to  repay- Borrowers may be required to provide collateral.    Date: 10/22/2024  What are the Loan Amount Limits?  Business Loans - Thel lawl limits business loans to $2,000,0001 fort the repair or replacement ofreal estate, inventories, machinery, equipment and all other physical losses. Subject tot this maximum, loan amounts cannot exceed the verified uninsured disaster Economic Injury Disaster Loans (EIDL) - The law limits EIDLS to $2,000,000 for alleviating economic injury caused by the disaster. The actual amount of each loan is limited to the economic injury determined by SBA, less business interruption insurance and other recoveries up to the administrative lending limit. EIDL assistance is available only to entities and their owners who cannot provide for their own recovery from non-government sources, as determined by the U.S. Small Business Business Loan Ceiling - The $2,000,000 statutory limit for business loans applies to the combination of physical, economic injury, mitigation and refinancing, and applies to all disaster loans to a business andi its affiliates fore each disaster. Ifa business Home Loans - SBA regulations limit home loans to $500,0001 for the repair or replacement ofr real estate and $100,000 to repair orr replace personal property. Subject to these maximums, loan amounts cannot exceed the verified uninsured disaster loss. Uninsured Losses - Only uninsured or otherwise uncompensated disaster losses are eligible. Any insurance proceeds which are required to be applied against outstanding mortgages are not available to fund disaster repairs and do not reduce loan eligibility. However, anyi insurance proceeds voluntarily applied to any outstanding mortgages do reduce loan eligibility. Ineligible Property - Secondary homes, personal pleasure boats, airplanes, recreational vehicles and similar property are not eligible, unless used for business purposes. Property such as antiques and collections are eligible only to the extent of their Noncompliance - Applicants who have not complied with the terms of previous SBAI loans may not be eligible. This includes Note: Loan applicants should check with agencies / organizations administering any grant or other assistance program under this If your loan application is approved, you may be eligible for additional funds to cover the cost of improvements that will protect your property against future damage. Examples ofi improvements include retaining walls, seawalls, sump pumps, etc. Mitigation loan money would be in addition to the amount of the approved loan, but may not exceed 20 percent oft total amount of physical damage to real property, including leasehold improvements, and personal property as verified by SBA to ar maximum of $500,000 for home loans. Itis notr necessary: fort the description ofi improvements and cost estimates tol be submitted with the application. SBA approval of ther mitigating  loss.  Administration.  isar major source ofe employment, SBA has the authority to waive the! $2,000,000 statutory limit.  What Restrictions are there on Loan Eligibility?  functional value. Amounts for landscaping, swimming pools, etc., are limited. borrowers who did not maintaini flood and/or hazard insurance on previous SBAI loans. declaration to determine how an approval of SBA disaster loan might affect their eligibility.  Is1 There Help with Funding Mitigation Improvements?  measures will be required before any loan increase. IsT There Help Available for Refinancing?  SBA can refinance all or part of prior mortgages that are evidenced by a recorded lien, when the applicant (1) does not have credit available elsewhere, (2)! has suffered substantial uncompensated disaster damage (40 percent or more of the value of the Businesses - Business owners may be eligible for the refinancing ofe existing mortgages or liens on real estate, machinery and equipment, up to the amount of thel loant for the repair or replacement of real estate, machinery, ande equipment. Homes Homeowners may be eligible for ther refinancing of existing liens or mortgages on homes, up to the amount of thel loan  property or 50% or more oft the value oft the structure), and (3) intends to repair the damage.  for real estate repair or replacement.  What ifIDecide to Relocate?  You may use your SBA disaster loan to relocate. The amount of the relocation loan depends on whether you relocate voluntarily or involuntarily. Ifyou are interested in relocation, an SBA representative can provide youv with more details on your specific situation. Top protect each borrower andt the Agency, SBA may require you to obtain and maintain appropriate insurance. Byl law, borrowers whose damaged or collateral property is located in as special flood hazard area must purchase and maintain flood insurance. SBAI requires that flood insurance coverage be the lesser of 1) the total of the disaster loan, 2) the insurable value of the property, or 3) the maximum Applications for disaster loans may be submitted online using the MySBA Loan Portal at! htps/Mendingsba.goy or other locally announced locations. Please contact the SBA's Customer Service Center by email at disastercustomersenerservice@sba.goy or by phone at 1-800-659-2955 for further assistance. For people who are deaf, hard of hearing, or have a speech disability,  Are There Insurance Requirements for Loans?  insurance available.  please dial 7-1-1 to access telecommunications relay services.    Fecha: 22 de octubre de 2024  LA AGENCIA FEDERAL DE PEQUENOS HOJA DE DATOS - PRESTAMOS  NEGOCIOS PARA DESASTRES  SBA  CALIFORNIA Declaracion #20793 yi #20794 Incidente: INCENDIOS DE PARK ocurriendo: e/24d de julio hasta 26 de agosto de 2024  (Desastre: CA-20028)  US. Small Business Administration  Y BOREL  en los condados de Butte, Kerny y Tehama, en el estado  yen los condados contiguos de Colusa, Glenn, San Luis Obispo, Santa Barbara, Danios Fisicos:  de California;  Inyo, Kings, Los Angeles, Mendocino, Plumas,  Shasta, Sutter, Trinity, Tulare, Ventura y Yuba, en ele estado San de Bernardino,  California  Fechas Limites Para Solicitar Préstamos:  20de diciembre de 2024  Danos Economicos:  Si usted està ubicado en un àrea declarada de Pequehos Negocios (SBA).  21deiuliode2 2025  desastre, usted puede ser elegible para asistencia financiera por la Agencia Federal  de  ZQué Tipos de Préstamos para Desastres estân Disponible? Préstamos para Desastres para Negocios Con Darios iglesias, universidades privadas, etc. son también Préstamos de Desastre por Danos Economicos elegibles. durante el periodo de recuperaciôn del desastre. Préstamos para Desastres para Hogares - Préstamos Historial de Crédito = El solicitante deberà tener un historial de Habilidad de Pago - El solicitante deberà demostrar Porl ley, lat tasa dei interés dependerà sie el solicitante tiene Otros agencias no gubernamentales para proveer para su Tipos de préstamos por danos fisicos Préstamos para Hogares Préstamos para Negocios Préstamos a Organizaciones Sin Fines del Lucro Tipos de préstamos porl lesiones economicas Negocios y Pequenas Cooperativas Agricolas Organizaciones Sin Fines Lucro Cuâles son los Términos del Préstamo? Lal ley autoriza términos de préstamo hasta un maximo de 30 al la habilidad de pago de caday prestatario. Es  dariada perteneciente al negocio, incluyendo: propiedad Fisicos - Préstamos a negocios para reparar o reemplazar Negocios de cualquier tamano son elegibles. Organizaciones inmobiliaria, inventarios, mercaderias, maquinarias propiedad negocios, pequenas cooperativas agricolas, (EIDL) = Préstamos para proveer capital circulante para privadas sin fines del lucro, de todos tamaros. pequenos Sony negocios involucrados en acuacultura y la mayoria ayudar de a pequeros que no pueden ser cubiertas, debido al resultado directo préstamos para cubrir las obligaciones ordinarias y necesidades organizaciones propiedad inmobiliariay y propiedad personal danada pore el para desastre, duenos de hogares o inquilinos para reparar 0 reemplazar la  privadas sin fines de lucro, tal como organizaciones y de equipos.  caridad,  del desastre. Estos préstamos estân destinados para la financieras asistencia  Cuàles son los Requisitos de Crédito?  incluyendo automoviles. crédito aceptable al la SBA. su habilidad para pagar todos los  ZCuâles  son las Tasas de Interés?  préstamos.  cuando la SBA determina que el solicitante no tiene suficientes Créditos fondos Disponibles. Un: solicitante not tiene Otros Créditos cuales la SBA determina que tienen la habilidad propia recuperacion por danos sufridos por el desastre. Disponibles. Las tasas de intereses son fijas durante para elt proveer para su propia recuperacion, se entiende Aquellos tienen solicitantes los  u otros recursos, o la. habilidad para obtener  Disponibles préstamo de otras Otros Créditos  término del préstamo. Los tipos de interés aplicables que  Si usted no tiene Otro Crédito Disponible 2.688% 4.000% 3.250% Siusted no tiene Otro Crédito Disponible 4.000% 3.250%  Siustedt para este desastre son: tiene Otro Crédito Disponible 5.375% 8.000% 3.250% Siustedt tiene Otro Crédito Disponible N/A N/A  limita su término a un màximo de 7anos. La SBA establece la anos, Sin embargo, para negocios con Otros Créditos  cantidad de pagoyl la madurez del préstamo  Disponibles la ley  posible ques se requiera que las prestamos de pérdidas correspondiente de acuerdo  proporcionen garantias.    Fecha: 22 de octubre de 2024  Cuâles son los Limites de la Cantidad de Préstamo?  Préstamos para Negocios La cantidad de los préstamos son limitadas por ley, hasta $2,000,000 para reparar/reemplazar bienes inmobiliarios, inventarios, maquinarias, equipos y otras pérdidas fisicas. Sujeto a este màximo, la cantidad màxima de Préstamos de Desastre por Danos Economicos (EIDL)-La cantidad del los préstamos por danos economicos son limitadas por ley, hasta! $2,000,000 para aliviar el daro economico causado por el desastre. La cantidad actual de cada préstamo es limitada por el dano economico determinado por la SBA, menos lo recuperado por seguros de interrupcion de negocios y otras fuentes de recuperacion hasta el limite administrativo. La asistencia para EIDL està disponible solo para las entidades y sus duenos que no pueden proveer paras supropiar recuperacion, at través der recursos no gubernamentales, determinado porl lal U.S. Agencia Limites del Préstamo para Negocios El limite reglamentado de $2,000,000 es aplicado a préstamos de negocio en combinacion de pérdidas fisicas, pérdidas economicas, mitigacion y refinanciamiento, y se aplica a todos los préstamos para desastres para negocios y sus afiliados, por cada desastre. Si el negocio es una fuente mayor de empleos, la SBA tiene la Préstamos para Hogares - Son limitados por regulaciones de la SBA a un mâximo de $500,000 para reparar/reemplazar propiedad inmobiliaria, y $100,000 paral reparar o reemplazar propiedad personal. Sujeto a estos mâximos, las cantidades de Pérdidas Sin Seguro - Solo pérdidas sin seguro o sin compensacion son elegibles. Pagos de seguro que son requeridos para reducir el monto de la hipoteca y no estàn disponibles para financiar la reparaciôn de daros causados por el desastre no reduciran la elegibilidad. Sine embargo, beneficios de seguro aplicados voluntariamente a la reduccion de lal hipoteca reduciràn Propiedades que no son Elegibles Propiedades secundarias, botes para diversiôn personal, aeroplanos, vehiculos recreativos,y propiedades similares no son elegibles, ar menos ques sean parte de un negocio. Propiedades como antiguedades yo colecciones califican hasta el valor màximo de funcionamiento. Cantidades del préstamo para restaurar jardineria, piscinas, Incumplimiento = Solicitantes que con anterioridad no han cumplido con sus obligaciones en los préstamos de la SBA no son elegibles. Esto incluye prestatarios que no han cumplido con su obligaciôn de mantener seguro contra inundaciones ylo Nota: Los solicitantes de préstamo deberân verificar con las agenclasloiganzaciones que administran subvenciones uc otros programas de asistencia, bajo esta declaracion, para determinar si un préstamo para desastres aprobado por la SBA podria afectar su elegibilidad. Sis su solicitud de préstamo es aprobada, usted puede sere elegible parai fondos adicionales para cubrirl los costos de mejoras paraj proteger su propiedad de danos futuros. Ejemplos de mejoras incluye; paredes de retencion, muralla de contencion maritima, etc. EI dinero designado para mitigacion serà adicional al la cantidad del préstamo aprobado, pero no podrà exceder un 20 por ciento de la cantidad total de las perdidas fisicas y asi verificadas por la SBA hasta un màximo de $500,000 para préstamos de hogares. No es necesario que la descripcion de las mejoras y de los costos estimados sean enviados junto con la solicitud. La aprobacion de la SBA sobre las  los prestamos no podrà exceder la cantidad de darios verificados sin seguro.  Federal de Pequenios Negocios (SBA).  autoridad para elevar ell limite estatutario de 2,000,000. los préstamos no podràn exceder los danos verificados sin seguro. Qué Restricciones Existen Sobre la Elegibilidad de Préstamo?  lae elegibilidad. etc., son limitadas.  incendio en anteriores préstamos de la SBA.  ZHay Ayuda para Financiar Mejoras de Mitigaciôn?  mejoras de mitigaciôn serà requerida antes de cualquier aumento en la cantidad del préstamo.  Hay Ayuda Disponible para Refinanciar?  La! SBA puede refinanciar todo o parte de hipotecas previas, siempre que estén registrados debidamente, cuando un solicitante (1) no califica para obtener fondos por otros medios, (2) ha sufrido danos de desastre sustanciales no compensados (del 40 por ciento o màs del valor de laj propiedad 0 del 50% oT màs del valor estructural), y (3) hayi intencion de reparar danos. Negocios - Duerios de negocios pueden ser elegibles para refinanciar hipotecas en la propiedad inmobiliaria, maquinarias y equipos, hasta la cantidad delp préstamo para reparar or reemplazar la propiedadi inmobiliaria, maquinarias y equipos. Hogares - Duenos de hogares pueden ser elegibles para el refinanciamiento de hipotecas existentes hasta la cantidad del  préstamo para reparar or reemplazar la propiedad inmobiliaria.  Qué Ocurre si Decido Reubicarme?  Usted puede utilizar su préstamo para desastres de la SBA para reubicarse. La cantidad del préstamo de reubicacion depende de si usted se reubicara voluntariamente o involuntariamente. Si usted està interesado en reubicarse, un representante de la SBA puede Para la protecciôn de cada prestatario yl la Agencia, la SBA requiere al los prestatarios el obtener y mantener un seguro apropiado. Por ley, aquellos prestatarios los cuales sus propiedades damnificadas o propiedades de colateral estân localizadas en un àrea especial de inundacion, deben comprar y mantener seguros dei inundacion pore el valor total asegurable de la propiedad por el término del préstamo. Las solicitudes de préstamos para desastres pueden llenarse en linea utilizando el Portal de préstamos MySBA en https:llending: sba.gov 0 en los centros anunciados localmente. Si necesita ayuda adicional, pongase en contacto con el Centro de Servicio al Cliente del la SBA enviando un correo electronico as disastercustomerserservice@sba.goy o port teléfono marcando 1-800-659-2955. Para las personas con discapacidades auditivas 0 del habla, favor de marcar 7-1-1 para tener acceso al servicio de retransmision det telecomunicaciones.  proveerle més detalles sobre sus situacion especifica. ZHay Algun Requerimiento de Seguro para los Préstamos?    Payment Register APPKT00818 FOR AP 10/15/2024  City of Arvin  01- Vendor Set 01  Bank: Maln Pool Ck- Main Checking- BOA Vendor Number Vendor DBA 1733 Payment Type Payment Check Payable! 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Number 0924-TR39927 Vendor Number Vendor DBA 1142 Payment Type Payment Number Check Payable Number 5031493273 Bank: PY-Payroll Vendor Payables Vendor Number Vendor DBA 1003 Payment Type Payment Number Check Payable Number INV0001376 INV0001401  Total Vendor Amount 689.88 689.88 689.88 Total Vendor Amount 1,288.36 Payment Date Payment Amount 10/15/2024 1,288.36 0.00 1,288.36 Total Vendor Amount 848.30 Date Payment Amount Payment 10/15/2024 848.30 0.00 848.30 Total Vendor Amount 576.30 Amount 576.30 576.30 Total Vendor Amount 485.00 Payment Date Payment Amount 10/15/2024 485.00 0.00 485.00 Total Vendor Amount Date Payment Amount Payment 10/15/2024 0.00  VERIZON WIRELESS 609123961 7 Number Description PWC CALPONE5082824082324  Payable! Date Due Date Discount Amount Payable Amount  09/25/2024 09/25/2024  VERIZON WIRELESS 6091239615  Date Due Date Discount Amount Payable Amount  Description  Payable 09/25/2024 09/25/2024  ARVIN PDC CELLF PHONE5082624092524  VERIZON WIRELESS 6091239616  Description  Payable! Date Due Date Discount Amount Payable Amount  ARVINI PDA AIRC CABDS082624092524  09/25/2024 09/25/2024  VERIZON WIRELESS 6420233052 Number Description TRANSITS SVt5082924092824  Payment Date Payment 10/15/2024 0.00  Date Due Date Discount Amount Payable Amount  Payable 09/28/2024 09/28/2024  VINCENTE MEDRANO  Descriptlon  Payable Date Due Date Discount Amount Payable Amount  08/21/2024 08/21/2024  EERDIMIORTEANINGCE PERI DIEME FOR1 TRAINING OCT21-25  79.52 79.52 79.52 Total Vendor Amount 137.90 137.90 137.90 Total Vendor Amount  WAGEWORKS INC  Payable Date Due Date Discount Amount Payable Amount  Description  C2791 MNTHLY COMPLIANCE FEE COBRA SEPT.2024 10/15/2024 10/15/2024  WELLSFARGOI LEASE PMTS  Payment Date Payment Amount 10/15/2024 0.00  Description COMMDWVIAE9AAD,A  Payable Date Due Date DIscount Amount Payable Amount  09/25/2024 09/25/2024  40.98 40.98 20.49 20.49  AFLAC  Payment Date Payment Amount 10/15/2024 0.00 0.00  Date Due Date Discount Amount Payable Amount  Description AFLAC AFLAC  Payable 09/27/2024 09/27/2024 10/11/2024 10/11/2024  Page 60 of9  10/15/2024 3:26:37 PM    APPKT00818- FOR AP 10/15/2024 Payment Date Payment Amount 10/15/2024 0.00 0.00  Payment Register Vendor Number Vendor DBA 1006 Payment Type Payment Number Check Payable Number INV0001377 INV0001402 Vendor Number Vendor DBA 1013 Payment Type Payment Check Payable Number INV0001403 Vendor Number Vendor DBA 1017 Payment Type Payment Number Check Payable Number INV0001404 INV0001405 Vendor Number Vendor DBA 1312 Payment Type Payment Check Payable! Number INV0001407 Check Payable Number INV0001408  Total Vendor Amount 217.46 217.46 108.73 108.73 Total Vendor Amount 900.00 900.00 900.00 TotalV Vendor Amount 1,106.95 1,106.95 27.00 1,079.95 Total Vendor Amount 575.00 275.00 275.00 300.00 300.00  ALLSTATE  Description ALLSTATE ALLSTATE ARVINE POLICE OFFICERS Number Description APOAD Dues  Payable Date Due Date Discount Amount Payable Amount  09/27/2024 09/27/2024 10/11/2024 10/11/2024  Payment Date Payment Amount 10/15/2024 0.00  Date Due Date Discount Amount Payable Amount  Payable! 10/11/2024 10/11/2024  CENTRAL CALIFORNIAI ASSOCO OFF PUBLICE EMPLOYEES  Payment Date Payment Amount 10/15/2024 0.00 0.00  Description SEIUI Dues SEIU Dues FRANCHISE TAXB BOARD Number Description Description  Payable Date Due Date Discount Amount Payable Amount  10/11/2024 10/11/2024 10/11/2024 10/11/2024  Payment Date Payment Amount 10/15/2024 0.00 10/15/2024 0.00  Date Duel Date Discount Amount Payable Amount Date Due Date Discount Amount Payable Amount  Payable! 10/11/2024 11/15/2024 Payable 10/11/2024 11/15/2024  Page 70f9  10/15/2024 3:26:37 PM    APPKT00B18-FORA AP1 10/15/2024 Payment Summary  Payment Register  Payable Payment Count Count 61 61  Bank Code Main Pool Ck  Type Check  Discount 0.00 0.00  Payment 643,173.40 643,173,40  46 46  Packet' Totals:  Payable Payment Count Count 9 9  Bank Code PY  Type Check  Discount 0.00 0.00  Payment 2,840.39 2,840.39  6 6  Packet Totals:  Page 8of9  L0/15/2024 3:26:37 PM    APPKT00818- FOR AP 10/15/2024 Cash Fund Summary  Payment Register  Fund 90  Name Mainf Pooled Cash Fund  Amount 646,013.79 646,013.79  Packet Totals:  Page 9of9  10/15/2024 3:26:37 PM    Payment Register APPKT00822 AP FOR 10/22/24  City of Arvin  01 - Vendor Set01  Bank: Main Pool Ck- Main Checking- BOA Vendor Number Vendor Name 1606 Payment Type Payment Number Check Payable Number 12 Vendor Number Vendor Name 1730 Payment Type Payment Number Check Payable Number INV0001417 Vendor Number Vendor Name 1784 Payment Type Payment Number Check Payable Number INV0001416  TotalVendor. Amount 21,249.00 21,249.00 21,249.00 Total Vendor Amount 67,594.55 67,594.55 67,594.55 Total Vendor Amount 5,600.00 5,600.00 5,600.00  QUANTUMI FARMSLLC  Payment Date Payment Amount 10/22/2024 0.00  Payable Date Due Date Discount Amount Payable Amount  Description  10/14/2024 10/14/2024  EMERGENCY REPARS09092+10112  RHOMBUSI ENERGY SOLUTIONSINC  Payment Date Payment Amount 10/22/2024 0.00  Payable Date Duel Date Discount Amount Payable Amount  Description EVCHARGINGI DISPENSER  10/22/2024  10/22/2024  THEE EVSTRUCTURE, INC.  Payment Date Payment Amount 10/22/2024 0.00  Payable Date Due Date Discount Amount Payable Amount  Description INSTALLE BUS CHARGERS  10/22/2024 10/22/2024  Page 1of3  10/22/2024 4:15:35 PM    APPKT00822- APF FOR: 10/22/24 Payment Summary  Payment Register  Payable Payment Count Count 3 3  Bank Code Maini Pool Ck  Type Check  Discount 0.00 0.00  Payment 94,443.55 94,443.55  3 3  Packet Totals:  Page 20 of3  10/22/2024 4:15:55PM    APATOR2-APPORIOP2P: Cash Fund Summary  Payment Register  Fund 90  Name Main Pooled Cash Fund  Amount 94,443.55 -94,443.55  Packet Totals:  Page 3of  10/22/20244:35:35 PM    Payment Register APPKT00829 - FOR AP: 10/24/2024  City of Arvin  01 - Vendor Set 01  Bank: Maln Pooi Ck-N Main Checking- BOA Vendor Number Vendor DBA 1796 Payment Type Payment Number Check Payablel Number 68191 Vendor Number Vendor DBA 1255 Payment Type Payment Number Check Payable Number INV0001415 Vendor Number Vendor DBA 1756 Payment Type Payment Number Check Payable Number 3935 3949 Vendor Number Vendor DBA 1720 Payment" Type Payment Number Check Payable Number 202877 202878 Vendor Number Vendor DBA 1736 Payment Type Payment Number Check Payable Number 24-15_05 Vendor Number Vendor DBA 1045 Payment Type Payment Number Check Payable Number 36182247 36182295 Vendor Number Vendor DBA 1204 Payment Type Payment Number Check Payable Number 544815 545681 545927 547236 10/24/2024 2:46:12 PM  Total Vendor Amount 475.00 475.00 Total Vendor Amount 4,442.59 4,442.59 Total Vendor Amount 9,747.00 4,104.00 5,643.00 Total Vendor Amount 425.81 269.64 156.17 Total Vendor Amount 7,337.14 7,337.14 7,337.14 Total Vendor Amount 225.00 225.00 124.00 101.00 Total Vendor Amount 175.56 175.56 13.30 12.97 54.11 28.10 Page 1of7  BOVEE ENVIRONMENTAL MANAGEMENT,NC.  Payment Date Payment Amount 10/24/2024 0.00  Description  Payable Date Due Date Discount Amount Payabie Amount 475.00  SITEI INSPECTION, SAMPLECOLECTION  10/21/2024 10/21/2024  BRANDONS" TRANSMISSION  Payment Date Payment Amount 0.00  Description 2018FREIGHTLINER DOSSERI PUMP  Payable Date Due Date Discount 10/24/2024 Amount Payable Amount 4,442.59  10/15/2024 10/15/2024  CALIFORNIA: STAFFING! SOLUTIONSI INC.  Payment Date Payment Amount 0.00 0.00  Description PWT TEMP: STAFF 09.02.24-09.08.24 PWT TEMP STAFFING 09.16.24-09.22.24  Payable Date Due Date DIscount 10/24/2024 Amount Payable Amount 9,747.00  09/18/2024 09/18/2024 10/02/2024 10/02/2024  CAPITALI INDUSTRIAL MEDICAL SUPPLYCO  Payment Date Payment Amount 10/24/2024 0.00 0.00  Description PWN MEDICAL SUPPLIES  Payable Date Due Date Discount Amount Payable Amount 425.81  MEDICAL SUPPLIES FOR FIRST AIDE BOX @ COMM. CENTEF 10/17/2024 10/17/2024  10/17/2024 10/17/2024  CHAPLIN ANDI HILL INVESTIGATIVE: SERVICESLLC  Payment Date Payment Amount 10/24/2024 0.00  Description PDI INVESTIGATION: SEPTEMBER: 2024  Payable Date Due! Date Discount Amount Payable Amount  10/08/2024 10/08/2024  CLARKI PEST CONTROL OFS STOCKTON  Payment Date Payment Amount 10/24/2024 0.00 0.00  Description  Payable Date Due Date Discount Amount Payable Amount  800 WALNUT DRP PEST AWAY SERVICE: 10.02.24 4144 4TH AVEF PEST AWAY SERVICES 10.02.24  10/02/2024 10/02/2024 10/02/2024 10/02/2024  COMPLETEI HARDWARE: STORE AND MORE  Payment Date Payment Amount 10/24/2024 0.00 0.00 0.00 0.00  Description 2"X60BLUEN MASK TAPE 60IPI MOTEER MIX FLEXON5 5/81N  Payable Date Due Date Discount Amount Payable. Amount  09/09/2024 09/09/2024 09/17/2024 09/17/2024 09/19/2024 09/19/2024 10/02/2024 10/02/2024  ADOBE COMPLEXSUITE) YAIRI WICK/ PINES SOL    Payment Register 547985 548069 Vendor Number Vendor DBA 1417 Payment Type Payment Number Check Payable Number 8952 8955 8956 Vendor Number Vendor DBA 1331 Payment Type Payment Number Check Payable Number INV871399 INV872503 Vendor Number Vendor DBA 1193 Payment Type Payment Number Check Payable Number 36829 Vendor Number Vendor DBA 1310 Payment Type Payment Number Check Payable Number INV0309 INV0311 INV0313 Vendor Number Vendor DBA 1100 Payment Type Payment Number Check Payable Number 10.22.24 Vendor Number Vendor DBA 1070 Payment Type Payment Number Check Payable Number 23824 23825 Vendor Number Vendor DBA 1372 Payment Type Payment Number Check Payable Number 486980 487427 487507 487508  APPKT00829- -FORAP1 10/24/2024 0.00 0.00  ADJE BRASS TOC CLEANSWEEPER GROOVE LOCKA AND' WRENCHFORS SHOPU USE  10/09/2024 10/09/2024 10/10/2024 10/10/2024  23.26 43.82 Total Vendor Amount 3,078.94 3,078.94 176.46 834.39 2,068.09 Total Vendor Amount 2,899.66 2,899.66 1,449.83 1,449.83 Total Vendor Amount 8,593.89 8,593.89 8,593.89 Total Vendor Amount 2,155.00 2,155.00 550.00 600.00 1,005.00 Total Vendor Amount 320.00 320.00 320.00 Total Vendor Amount 561.44 561.44 48.76 512.68 Total Vendor Amount 4,366.71 4,366.71 500.71 3,034.80 247.36 583.84  dba ARVIN AUTO  Payment Date Payment Amount 10/24/2024 0.00 0.00 0.00  Description  Payable Date Duel Date Discount Amount Payable Amount  UNIT 401 OIL CHANGE/FILTERI REPLACEMENT UNIT 281 VALVE TIMING SOLENOID UNIT: 293 FUEL1 TANKI PRESSURE! SENSOR  10/02/2024 10/02/2024 10/05/2024 10/05/2024 10/05/2024 10/05/2024  dba CURTISE BLUEL LINE  Payment Date Payment Amount 10/24/2024 0.00 0.00  Description HARDWIRE. ARMOR FORJ JONATHANM. HARDWIRE. ARMORI FORE BRYANC.  Payable Date Due Date Discount Amount Payable Amount  09/30/2024 09/30/2024 10/03/2024 10/03/2024  DIAMOND1 TECHNOLOGIES INC  Payment Date Payment Amount 10/24/2024 0.00  Description  Payable Date Due! Date DIscount Amount Payable Amount  ARVIN PDI INVESTIGATION/ AUG2024LAPTOPS  10/07/2024 10/07/2024  ERICI REYES GUERRA  Payment Date Payment Amount 10/24/2024 0.00 0.00 0.00  Description APDF FLEETV WASH09.24.24 APDFLEET WASH1 10.01.24 APDFLEET WASH/ JAILCELLSF PRESSURE WASH  Payable Date Due Date Discount Amount Payable Amount  09/24/2024 09/24/2024 10/01/2024 10/01/2024 10/10/2024 10/10/2024  FERNANDOI LOPEZ  Payment Date Payment Amount 10/24/2024 0.00  Description INTERPRETER: SERVICES: 10.22.24  Payable Date Due Date Discount Amount Payable Amount  10/22/2024 10/22/2024  GENERAL OFFICE  Payment Date Payment Amount 10/24/2024 0.00 0.00  Description  Payable Date Due Date Discount Amount Payable Amount  METER READING 08.01.24-10.01.24PD METERE READING APDE & COMM 09.01.24-10.01.24  10/04/2024 10/04/2024 10/04/2024 10/04/2024  GREGS PETROLEUM: SERVICEI INC  Payment Date Payment Amount 10/24/2024 0.00 0.00 0.00 0.00  Description COAF PUBLICWORKS FUEL COAE EMERGENCY REAPIRS COAE EMERGENCY REPAIRS COAE EMERGENCYI REPAIRS  Payable Date Due Date Discount Amount Payable Amount  09/30/2024 09/30/2024 10/01/2024 10/01/2024 10/02/2024 10/02/2024 10/02/2024 10/02/2024  10/24/2024 2:46:12 PM  Page 2of7    APPKT00829- -FOR AP1 10/24/2024 Payment Date Payment Amount 10/24/2024 0.00 0.00 0.00  Payment Register Vendor Number Vendor DBA 1552 Payment Type Payment Number Check Payable Number 728653 728653.1 728672 Vendor Number Vendor DBA 1754 Payment Type Payment Number Check Payable Number INV0001254 Vendor Number Vendor DBA 1153 Payment Type Payment Number Check Payable Number PC7206 Vendor Number Vendor DBA 1081 Payment Type Payment Number Check Payable Number 259981 Vendor Number Vendor DBA 1646 Payment Type Payment Check Payable Number 465 467 Vendor Number Vendor DBA 1799 Payment Type Payment Number Check Payable Number Vendor Number Vendor DBA 1780 Payment Type Payment Number Check Payable Number 2416 Vendor Number Vendor DBA 1164 Payment Type Payment Number Check Payable Number 101-1189741  Total Vendor Amount 89,151.01 89,151.01 30,000.00 58,666.01 485.00 Total Vendor Amount 6,204.54 Payment Date Payment Amount 10/24/2024 6,204.54 0.00 6,204.54 Total Vendor Amount 8,643.75 Date Payment Amount Payment 10/24/2024 8,643.75 0.00 8,643.75 Total Vendor Amount 1,749.70 1,749.70 1,749.70 Total Vendor Amount 649.50 Payment Date Payment Amount 649.50 10/24/2024 0.00 324.75 0.00 324.75 TotalVendor Amount 450.00 Date Payment Amount Payment 10/24/2024 450.00 0.00 450.00 Total Vendor Amount 975.00 975.00 975.00 Total Vendor Amount 192.65 192.65 192.65  HARBORI PLUMBING COMPANY  Description  Payable Date Duel Date Discount Amount Payable Amount  SMOTHERMONI PARKI DRAW REQUEST  09/12/2024 09/12/2024  REPLACED ALLF FIXTURES INF RESTROOMS @SMOTHERMOI 09/20/2024 09/20/2024 RAN HYDRO. JET @VET'SH HALLE BACKED UPI WITH GREASE 10/01/2024 10/01/2024  J&ERESTAURANT: SUPPLYINC  Description  Payable Date Duel Date Discount Amount Payable Amount  INDUSTRIAL ICEI MAKER+ICE BIN+WATERI FILTER MANIFOL 06/26/2024 06/26/2024  JASPACIFIC  Date Duel Date Discount Amount Payable Amount  Description PLANNING! SVCS SEPTEMBER: 2024  Payable 10/05/2024 10/05/2024  JIME BURKE FORD  Payment Date Payment Amount 10/24/2024 0.00  Payable Date Due Date Discount Amount Payable Amount  Description  UNIT 999B BATTERYR REPLACD/INSPECTON  08/28/2024 08/28/2024  JOE'S RENTAL Number Description FORKLIFTF RENTAL FORKLIFTF RENTAL  Date Due Date DIscount Amount Payable Amount  Payable 09/27/2024 09/27/2024 10/01/2024 10/01/2024  JUANI HERNANDEZG GARCIA  Date Duel Date DIscount Amount Payable Amount  Description  Payable 10/11/2024 10/11/2024  REMBUASEMENTFORVELS REMBURSEMENTFORV VET'SH HALLF FOR$ $450  KERN COUNTYBEES  Payment Date Payment Amount 10/24/2024 0.00  Description  Payable Date Duel Date Discount Amount Payable Amount  LIVE BEE REMOVAL @ DIGIORGIO PARKS SNACKBAR 09/13/2024 09/13/2024  KERNI MACHINERY  Payment Date Payment Amount 10/24/2024 0.00  Date Due Date Discount Amount Payable Amount  Description PPE FORPWSTAFF  Payable 09/25/2024 09/25/2024  Page 3of7  10/24/2024 2:46:12 PM    APPKT00829- FOR AP 10/24/2024 Payment Date Payment Amount 10/24/2024 0.00 0.00  Payment Register Vendor Number Vendor DBA 1092 Payment Type Payment Number Check Payable! Number 53328 53347 Vendor! Number Vendor DBA 1800 Payment" Type Payment Number Check Payable Number Vendor Number Vendor DBA Payment Type Payment Number Check Payable Number 36334 Vendor Number Vendor DBA 1343 Payment Type Payment Check Payable! Number Vendor Number Vendor DBA 1170 Payment Type Payment Check Payable Number PETIYCASHFORPD Vendor Number Vendor DBA Payment Type Payment Number Check Number Payabte 124877 124985 124993 Vendor Number Vendor DBA 1117 Payment Type Payment Check Payabler Number INV0001419 Vendor Number Vendor DBA 1596 Payment Type Payment Check Payable Number 64208498  Total Vendor Amount 529.45 529.45 423.25 106.20 Total Vendor Amount 520.00 520.00 520.00 Total Vendor Amount  KERNI PRINTSERVICES  Description NOTICET TOR REMOVEVEHICLE: SLIPS PERFORATEDPAPER  Payable Date Due Date DIscount Amount Payable Amount  09/24/2024 09/24/2024 09/24/2024 09/24/2024  MARIA QUINTINO  Payment Date Payment. Amount 10/24/2024 0.00  Description  Payable Date Due Date Discount Amount Payable Amount  REIMBURSEMENTE FORVET'S REIMBURSEMENT FORI VET'SI HALLE FOR $520  10/17/2024 10/17/2024  60.00 60.00 60.00 Total Vendor Amount 580.00 580.00 580.00 Total Vendor Amount 137.01 Payment Date Payment Amount 10/24/2024 137.01 Amount Payable 0.00 137.01 Total Vendor Amount 20,456.76 Amount 20,456.76 18,895.26 1,045.50 516.00 Total Vendor Amount 2,161.28 2,161.28 2,161.28 Total Vendor Amount 1,293.60 1,293.60 1,293.60  1110  PACIFIC1 TIRE ARVIN  Payment Date Payment Amount 10/24/2024 0.00  Description UNIT: 281 BALANCE TIRES  Payable! Date Due Date DIscount Amount Payable Amount  10/04/2024 10/04/2024  PATRICIA CAMACHO Number Descriptlon  Payment Date Payment Amount 10/24/2024 0.00  Payable Date Due Date DIscount Amount Payable Amount  REMBUFSEMENTFORVETS REIMBURSEMENT FORV VET'SHALLI FOR$ $580  10/11/2024 10/11/2024  PETTY CASHE ELSA CARDOSO GUZMAN Number Description PETTYCASHFORPD  Date Due Date Discount Amount  Payable 10/22/2024 10/22/2024  1346  QUADI KNOPFI INC  Payment Date Payment 10/24/2024 0.00 0.00 0.00  Description  Payable Date Due Date Discount Amount Payable Amount  KOVACEVICHE PARK CONSTRUCTION 08.18.24-09.14.24 09/25/2024 09/25/2024  ON CALL LAND SURVEYING 08.18.24-09.14.24 ON-CALL PROF SERVICES 08.18.24-09.14.4  09/25/2024 09/25/2024 09/26/2024 09/26/2024  RCN TECHNOLOGIES Number Description 1VRRENEWALNEICIOUD  Payment Date Payment Amount 10/24/2024 0.00  Date Due! Date Discount Amount Payable Amount  Payable 10/24/2024 10/24/2024  ROBERTH HALF Number Description  Payment Date Payment Amount 10/24/2024 0.00  Date Due Date Discount Amount Payable Amount  Payable 10/21/2024 10/21/2024  WEEKE ENDING 10.18.24F FORJ JAZMINC.  Page 4of7  10/24/2024 2:46:12 PM    APPKT00829- -FOR AP 10/24/2024 Payment Date Payment Amount 10/24/2024 0.00 10/24/2024 0.00 10/24/2024 0.00  Payment Register Vendor Number Vendor DBA 1200 Payment Type Payment Number Check Payable! Number 20240 CDBGNOFA Check Payable Number AUGUST2024 Check Payablel Number AUGUST-2024 Vendor Number Vendor DBA Payment Type Payment Number Check Payable! Number 0665768-IN Vendor Number Vendor DBA 1195 Payment Type Payment Number Check Payable Number 06-109827 Vendor Number Vendor DBA 1145 Payment Type Payment Number Check Payable Number 9000178661 Vendor Number Vendor DBA 1201 Payment Type Payment Number Check Payable Number Vendor Number Vendor DBA 1794 Payment Type Payment Number Check Payable! Number 24-57  Total Vendor Amount 6,605.77 4,000.00 4,000.00 612.13 612.13 1,993.64 1,993.64 Total Vendor Amount  SELFH HELPE ENTERPRISES  Description 20240 CDBGNOFAAPPICATON: Description 22-CDBG-NH-00002. AUGUST: 2024 Description 22-CDBG-HA-10029  Payable Date Duel Date Discount Amount Payable Amount Payable Date Due Date Discount Amount Payable Amount Payable Date Due Date Discount Amount Payable Amount  09/26/2024 09/26/2024 09/25/2024 09/25/2024 09/25/2024 09/25/2024  41.22 41.22 41.22 Total Vendor Amount 584.55 584.55 584.55 Total Vendor Amount 154,863.86 Payment Date Payment Amount 10/24/2024 154,863.86 0.00 154,863.86 Total Vendor Amount 170,689.19 Date Payment Amount 170,689.19 0.00 170,689.19 Total Vendor Amount 500.00 Payment Date Payment Amount 10/24/2024 500.00 0.00 500.00  1122  SIRCHIE  Payment Date Payment Amount 10/24/2024 0.00  Description EVIDENCER REDTAPE  Payable Date Due Date Discount Amount Payable Amount  09/27/2024 09/27/2024  TRAFFIC MANAGEMENT INC  Payment Date Payment Amount 10/24/2024 0.00  Description STREETS SIGNS  Payable Date Due Date Discount Amount Payable Amount  08/28/2024 08/28/2024  VEOLIA WATERI NORTH AMERICA MAINTI NOTE  Description  Payable Date Duel Date Discount Amount Payable Amount  O&MS SERVICES WASTEWATER: SEPTEMBER: 2024  10/01/2024 10/01/2024  WESTERN ALLIANCE BANKI LOANP PMT  Payment 10/24/2024  Description  Payable Date Due Date Discount Amount Payable Amount  9A50161025610611012 015015103551025119124  10/01/2024 10/01/2024  WILLIAMS MONUMENT COMPANY  Date Duel Date DIscount Amount Payable Amount  Description  Payable 09/25/2024 09/25/2024  CHSAND OFF1 TEXT1 TOE BRONZE! SHINE  Page 5of7  10/24/2024 2:46:12 PM    Payment Register  APPKT00829- -FORAP1 10/24/2024 Payment Summary  Payable Payment Count Count 61 61  Bank Code Main Pool Ck  Type Check  Discount 0.00 0.00  Payment 511,842.58 511,842.58  38 38  Packet Totals:  Page 60f7  10/24/2024 2:46:12 PM    Payment Register  APPKT00829- -FOR AP1 10/24/2024 Cash Fund Summary  Fund 90  Name Main Pooled Cash Fund  Amount 511,842.58 511,842.58  Packet Totals:  Page. 70f7  10/24/2024. 2:46:12PM    Payment Register APPKT00836 FOR AP 10/30/2024  City of Arvin  01-V Vendor Set 01  Bank: Maln Pool Ck- -Maln Checking- BOA Vendor! Number Vendor DBA 1288 Payment Type Payment Number Check Payable Number L0030597 Vendor Number Vendor DBA 1026 Payment Type Payment Number Check Payable! Number 242880131474 Vendor Number Vendor DBA 1041 Payment Type Payment Number Check Payable Number 300005859 Vendor Number Vendor DBA 1756 Payment Type Payment Number Check Payable Number 3950 3965 Vendor Number Vendor DBA 1224 Payment Type Payment Number Check Payable Number Vendor Number Vendor DBA 1272 Payment Type Payment Check Payable Number 311328 Vendor Number Vendor DBA 1205 Payment Type Payment Number Check Payable Number 5100 5101  Total Vendor Amount 728.38 728.38 728.38 Total Vendor Amount 22,878.42 22,878.42 22,878.42 Total Vendor Amount 620.00 620.00 620.00 TotalVendor Amount 7,695.00 7,695.00 4,531.50 3,163.50 Total Vendor Amount 291.88 291.88 291.88 Total Vendor Amount 500.00 500.00 500.00 TotalVendor Amount 3,725.00 3,725.00 3,000.00 725.00  BAKERSFIELDI PAINT ANDI WALLPAPER  Payment Date Payment Amount 10/30/2024 0.00  Description ADOBE COMPLEX KIOSK-PAINT  Payable Date Due Date Discount Amount Payable Amount  10/15/2024 10/15/2024  BLUES SHIELD OFC CALIFORNIA  Payment Date Payment Amount 10/30/2024 0.00  Description MEDICALI NOVEMBER: 2024  Payable Date Due Date Discount Amount Payable Amount  10/14/2024 10/14/2024  CALED  Payment Date Payment Amount 10/30/2024 0.00  Description  Payable Date Duel Date Discount Amount Payable Amount  ASSOCIATE MEMBERSHIP BASED ONF POPULATION  08/21/2024 08/21/2024  CAUFORNIASTAFFING SOLUTIONS INC.  Payment Date Payment Amount 10/30/2024 0.00 0.00  Description  Payable Date Duel Date Discount Amount Payable Amount  TEMP STAFFING FOR PW 09.23.24-09.29.24 TEMP STAFFINGI FORI PW 09.30.24-1 10.06.24  10/02/2024 10/02/2024 10/11/2024 10/11/2024  CHRISTINE VITERELLI  Payment Date Payment Amount 10/30/2024 0.00  Description  Payable Date Due Date Discount Amount Payable Amount  PERI DIEMFORLEAGUE OFC, PERD DIEME FORI LEAGUE OFC CALICITIES  10/28/2024 10/28/2024  CIVICPLUS Number Description  Payment Date Payment Amount 10/30/2024 0.00  Payable Date Due Date Discount Amount Payable Amount  ONLINE CODE HOSTING 10.01.24-09.30.25  10/01/2024 10/01/2024  CLEAN CITLNDGAEMAAGeNT. INC  Payment Date Payment Amount 10/30/2024 0.00 0.00  Description  Payable Date Due Date Discount Amount Payable Amount  ARVINI LANDSCAPE! & MAINTI LLMDI NO.1 1SEPTEMBER: 202 09/30/2024 09/30/2024 ARVINL LANDSCAPE&N MAINT LLMDI NO.2SEPTEMBER: 202 09/30/2024 09/30/2024  Page oF7  10/30/2024 4:11:30 PM    Payment Register Vendor Number Vendor DBA 104Z Payment Type Payment Number Check Payable! Number 1120070 1120071 Vendor Number Vendor DBA 1204 Payment Type Payment Number Check Payable Number 547918 548732 77695 Vendor! Number Vendor DBA 1159 Payment Type Payment Number Check Payable Number 2348265 Vendor Number Vendor DBA 1466 Payment Type Payment Number Check Payable Number Vendor Number Vendor DBA 1232 Payment Type Payment Number Check Payable Number 5302. Vendor Number Vendor DBA 1417 Payment Type Payment Number Check Payable Number 8962 8966 Vendor Number Vendor DBA 1233 Payment Type Payment Number Check Payable Number 1091696 Vendor Number Vendor DBA 1776 Payment Type Payment Number Check Payable Number 9572822  APPKT00836- FOR AP 10/30/2024 Payment Date Payment Amount 10/30/2024 0.00 0.00  Total Vendor Amount 420.00 420.00 240.00 180.00 Total Vendor Amount  COMMUNICATIONI ENTERPRISES  Description  Payable Date Duel Date Discount Amount Payable Amount  LTR4 4500 DISPATCH PWC OCTOBER: 2024 LTR 450015PATCHTRANSIT: OCTOBER: 2024  10/01/2024 10/01/2024 10/01/2024 10/01/2024  COMPLETE HARDWARE: STORE ANDI MORE  68.06 68.06 11.97 37.97 18.12 Total Vendor Amount 218.41 218.41 218.41 Total Vendor Amount 436.52 436.52 436.52 Total Vendor Amount 461.76 461.76 461.76 Total Vendor Amount 732,10 732.10 246.82 485.28 Total Vendor Amount 9,405.00 9,405.00 9,405.00 Totall Vendor Amount 15,507.50 15,507.50 15,507.50  Payment Date Payment Amount 10/30/2024 0.00 0.00 0.00  Descrlption GRAFFITIL LLMD'S, POLYE ROLLERS ADOBE COMPLEXK KIOSK CHAPINS SPRAYER ADOBE COMPLEXPAINT TRAYS  Payable Date Due Date Discount Amount Payable Amount  10/08/2024 10/08/2024 10/16/2024 10/16/2024 10/16/2024 10/16/2024  COPOWER ID903697  Payment Date Payment Amount 10/30/2024 0.00  Description CHIROS SVCSNOVEMBER: 2024  Payable Date Due Date Discount Amount Payable Amount  10/08/2024 10/08/2024  DANIEL BORRELI  Payment Date Payment Amount 10/30/2024 0.00  Description  Payable Date Duel Date Discount Amount Payable Amount  LEAGUE OF CALLCITIES10.1 LEAGUE OF CAL.CME5101524-0192  10/30/2024 10/30/2024  dba ACTION LOCKSMITH  Payment Date Payment Amount 10/30/2024 0.00  Description  Payable Date Due Date Discount Amount Payable Amount  ADOBE COMPLEXH KEY COPIES FORI NEWF PWE EMPLOYEES 09/30/2024 09/30/2024  dba ARVINA AUTO  Payment Date Payment Amount 10/30/2024 0.00 0.00  Description  Payable Date Duel Date Discount Amount Payable Amount  UNIT: 292 ENGINE OIL CHANGE/F FILTERI REPLACED  10/15/2024 10/15/2024  UNIT: 294E ENGINE OIL CHANGE/F REAPIRE DOORLOCK 10/16/2024 10/16/2024  DEWALTCORPORTATON  Payment Date Payment Amount 10/30/2024 0.00  Description ARVIN URBAN GREENING GRANT  Payable Date Due Date DIscount Amount Payable Amount  10/04/2024 10/04/2024  DIVERSIFIEDI MOACTISNMASMTENATONA INC.  Payment Date Payment Amount 10/30/2024 0.00  Description CMCANENCSAT0  Payable Date Due Date Discount Amount Payable Amount  09/30/2024 09/30/2024  2 of7 Page  10/30/2024 4:11:30F PM    Payment Register Vendor Number Vendor DBA 1310 Payment Type Payment Number Check Payable! Number INV0315 Vendor Number Vendor DBA 1372 Payment Type Payment Number Check Payable! Number 488189 Vendor Number Vendor DBA 1403 Payment Type Payment Number Check Payable Number 12202 Vendor! Number Vendor DBA 1078 Payment Type Payment Number Check Payable Number 68143 Vendor Number Vendor DBA 1322 Payment Type Payment Number Check Payable Number INV0001436 Vendor Number Vendor DBA 1025 Payment Type Payment Number Check Payable Number Vendor Number Vendor DBA 1165 Payment Type Payment Number Check Payable Number 25-000006 Vendor Number Vendor DBA 1164 Payment Type Payment Number Check Payable Number 101-1191608 101-1191728  APPKT00836- -FOR AP: 10/30/2024 Payment Date Payment Amount 10/30/2024 0.00  Total Vendor Amount 760.00 760.00 760.00 Totall Vendor Amount 3,372.01 3,372.01 3,372.01 Total Vendor Amount 415.96 415.96 415.96 Total Vendor Amount 320.42 320.42 320.42 Total Vendor Amount 6,795.00 6,795.00 6,795.00 Total Vendor Amount 26,388.01 26,388.01 26,388.01 Total Vendor Amount 251,765.00 Payment Date Payment Amount 10/30/2024 251,765.00 0.00 251,765.00 Totall Vendor Amount 1,170.93 Payment Date Payment Amount 10/30/2024 1,170.93 0.00 27.05 0.00 1,143.88  ERICF REYES GUERRA  Description  Payable Date Duel Date Discount Amount Payable Amount  MPAIETWAS/CTCNRISA  10/16/2024 10/16/2024  GREGS PETROLEUM: SERVICEI INC  Payment Date Payment Amount 10/30/2024 0.00  Description  Payable! Date Due Date Discount Amount Payable Amount  COA ARVINI FARMS EMERGENCY REPAIRS  10/04/2024 10/04/2024  GRIFFIN GRAPHICSINC  Payment Date Payment Amount 10/30/2024 0.00  Description COACITYS SHIRTS  Payable Date Due Date Discount Amount Payable Amount  10/23/2024 10/23/2024  INDEPENDENT FIRE &SAFETYI INC  Payment Date Payment Amount 10/30/2024 0.00  Description  Payable Date Due Date Discount Amount Payable Amount  NEW/20LBABCS SENTRY FIRE EXTINGUISHER  09/30/2024 09/30/2024  JAKE RAPERJR  Payment Date Payment Amount 10/30/2024 0.00  Description INVOICE18  Payable Date Duel Date Discount Amount Payable Amount  10/01/2024 10/15/2024  KAISER PERMANENTE  Payment Date Payment Amount 10/30/2024 0.00  Description  Payable Date Due Date Discount Amount Payable Amount  BUIK 690201404NOV.2024 MEDICALNOVEMBER. 2024  10/08/2024 10/08/2024  KERN COUNTY FIRE DEPARTMENT  Description FY2024-251 FIRSTQUARTER  Payable Date Due Date Discount Amount Payable Amount  07/01/2024 07/01/2024  KERNI MACHINERY  Description CHAIN LOOP JOHN DEEREN MOWER REPAIRS  Payable Date Due! Date Discount Amount Payable Amount  10/01/2024 10/01/2024 10/01/2024 10/01/2024  10/30/2024 4:11:30PM  Page 3of7    Payment Register Vendor Number Vendor DBA 1408 Payment Type Payment Number Check Payable Number 2204.3-029 Vendor Number Vendor DBA 1397 Payment Type Payment Number Check Payable Number INV-44556 Vendor Number Vendor DBA 1425 Payment" Type Payment Number Check Payable! Number 11688 Vendor Number Vendor DBA 1108 Payment Type Payment Number Check Payable Number Vendor Number Vendor! DBA 1111 Payment Type Payment Number Check Payable Number 3106879065 Vendor Number Vendor DBA 1114 Payment Type Payment Number Check Payable Number ARV1 10/8/2024 Vendor Number Vendor DBA 1237 Payment Type Payment Number Check Payable Number 146712017-001 146712428-001 Vendor Number Vendor DBA 1033 Payment Type Payment Number Check Payable Number 167729901100124 168251101102124  APPKT00836- FOR API 10/30/2024 Payment Date Payment Amount 10/30/2024 0.00  Total Vendor Amount 2,288.00 2,288.00 2,288.00 Total Vendor Amount 4,678.93 4,678.93 4,678.93 Total Vendor Amount 174.50 174.50 174.50 Total Vendor Amount 20,057.76 20,057.76 20,057.76 Total Vendor Amount 244.56 244.56 244.56 Total Vendor Amount 4,706.45 4,706.45 4,706.45 Total Vendor Amount 1,507.48 1,507.48 954.70 552.78 Total Vendor Amount 400.36 400.36 291.37 108.99  KOSMONT REALTY  Description  Payable Date Due Date Discount Amount Payable Amount  ARVINF REA ADVISORY: SEPTEMBER: 2024  09/30/2024 09/30/2024  NEOGOV GOVERAMENTIOB5.COM, INC.  Payment Date Payment Amount 10/30/2024 0.00  Description  Payable Date Due Date Discount Amount Payable Amount  GOVERNMENT JOBS SUBSCRIPTION 11.01.24-10.31.25 10/02/2024 10/02/2024  NEXTALKINC  Payment Date Payment Amount 10/30/2024 0.00  Description  Payable Date Due Date DIscount Amount Payable Amount  INTERPRETTINGI USAGE SEPTEMBER: 2024  09/30/2024 09/30/2024  PG&E  Payment Date Payment Amount 10/30/2024 0.00  Description  Payable Date Duel Date Discount Amount Payable Amount  FIECSYC0A1124100924 ECSVCC9.1124100924  10/10/2024 10/10/2024  PITNEY BOWES  Payment Date Payment Amount 10/30/2024 0.00  Description LEASE082824.12724  Payable Date Due Date Discount Amount Payable Amount  10/09/2024 10/09/2024  PUBLIC WORKS COUNTY OF KERN  Payment Date Payment Amount 10/30/2024 0.00  Description ARV: 10/8/2024  Payable Date Due Date Discount Amount Payable Amount  10/08/2024 10/08/2024  SITEONEI LANDSCAPES SUPPLYLLC  Payment Date Payment Amount 10/30/2024 0.00 0.00  Description DIGIORGIOI PARKI RAINI BIRD FALCON DIGIORGIO PARKI RAINI BIRDI FALCON  Payable Date Due Date Discount Amount Payable Amount  10/02/2024 10/02/2024 10/02/2024 10/02/2024  SPECTRUM BUSINESS  Payment Date Payment Amount 10/30/2024 0.00 0.00  Description SERVICE: 10.01.24-10.31.24 MAICMONSCIOBAINN  Payable! Date Due Date Discount Amount Payable Amount  10/01/2024 10/01/2024 10/21/2024 10/21/2024  4 of7 Page  10/30/2024 4:11:30PM    Payment Register Vendor Number Vendor DBA 1195 Payment Type Payment Number Check Payable Number 06-111028 Vendor Number Vendor DBA 1142 Payment Type Payment Number Check Payable Number 5031592955 5031592956 Vendor Number Vendor DBA 1555 Payment Type Payment Number Check Payable Number  APPKT00836-FOR/ API 10/30/2024 Payment Date Payment Amount 10/30/2024 0.00  Total Vendor Amount 980.35 980.35 980.35 TotalVendor Amount 395.69 395.69 236.12 159.57 Total Vendor Amount 12,956.07 12,956.07 12,956.07 Total Vendor Amount 900.00 900.00 900.00 Total Vendor Amount 1,055.65 1,055.65 27.00 1,028.65 Total Vendor Amount 575.00 275.00 275.00 300.00 300.00  TRAFFIC MANAGEMENT INC  Description  Payable Date Due Date Discount Amount Payable Amount  MATERIAL FORF PAINT STRIPPING STREETS  10/01/2024 10/01/2024  WELLSF FARGOLEASE! PMTS  Payment Date Payment Amount 10/30/2024 0.00 0.00  Description  Payable Date Due Date Discount Amount Payable Amount  COPIERL LEASEA ABVNP002924403824 COMMI DEVL LEASE093024102924  10/03/2024 10/03/2024 10/03/2024 10/03/2024  WEXE BANK  Payment Date Payment Amount 10/30/2024 0.00  Description  Payable Date Due Date Discount Amount Payable Amount  FUEL USAGE FOR OCTOBER FUELUSAGE FOR OCTOBER: 2024  10/25/2024 10/25/2024  Bank: PY-Payroll" Vendor Payables Vendor Number Vendor DBA 1013 Payment Type Payment Number Check Payable Number INV0001425 Vendor! Number Vendor DBA 1017 Payment Type Payment Number Check Payable Number INV0001426 INV0001427 Vendor Number Vendor DBA 1312 Payment Type Payment Number Check Payable Number INV0001429 Check Payable Number INV0001430  ARVINP POLICE OFFICERS  Payment Date Payment Amount 10/30/2024 0.00  Description APOAC Dues  Payable Date Due Date Discount Amount Payable Amount  10/25/2024 10/25/2024  CENTRAL CALIFORNIA ASSOCOF PUBLICE EMPLOYEES  Payment Date Payment Amount 10/30/2024 0.00 0.00  Description SEIU Dues SEIU Dues  Payable Date Due Date DIscount Amount Payable Amount  10/25/2024 10/25/2024 10/25/2024 10/25/2024  FRANCHISE TAXB BOARD  Payment Date Payment Amount 10/30/2024 0.00 10/30/2024 0.00  Description Description  Payable Date Due Date Discount Amount Payable Amount Payable Date Duel Date Discount Amount Payable Amount  10/25/2024 11/15/2024 10/25/2024 11/15/2024  10/30/2024 4:11:30F PM  Page 5of7    Payment Register  APPKT00836-FORAP1 10/30/2024 Payment Summary  Payable Payment Count Count 44 34 44 34  Bank Code Main Pool Ck  Type Check  Discount 0.00 0.00  Payment 403,065.51 403,065.51  Packet Totals:  Payable Payment Count Count 5 4 5 4  Bank Code PY  Type Check  Discount 0.00 0.00  Payment 2,530.65 2,530.65  Packet Totals:  10/30/2024 4:11:301 PM  Page 60f7    Payment Register  APPKT00836- FOR AP: 10/30/2024 Cash Fund Summary  Fund 90  Name Main Pooled CashFund  Amount 405,596.16 -405,596.16  Packet Totals:  Page 70f7  10/30/2024 4:11:301 PM    Detail Register Payroll Summary  City of Arvin  Packet: PYPKT00746- Payroll 10.25.24( (10/08/24-10/24/24)  PayF Period: 10/08/2024-10/24/2024  Payrall Set: 01-Payroll Set01  Males Paid: 46 Females Paid: 16 Unknown Paid: 0 Total Employees: 62  Total Direct Deposits: 141,668.11 Total Check Amounts: 136,87  Page 380f43  10/23/2024 4:42:16PM    EARNINGS Pay Code 1X 2X AUTOALLOW BERV BILINGUAL CELL ALLOW CTO-CLASSIC CTO-PEPRA CTYWK DEGREE DIFFL INSUR LONG PBD PDADL POST REG REGNP RETRO SALARY SICK 55Only SSWEP TUPGR TUPGR-NP Vacation VACCO WRKCO DEDUSCTIONS Code 457K-Flat 457L0O AFLAC AULST APOAD Dues BLUE COLONIAL-AT COPRE DUES-COPE EWO_FTB GARNISHMENT GUARDI GUARD2 KAISR PERSSCP PERS2 PERS2ERCLASSIC PERS2D-EE/ER-CIASSIC PERS3-EE/ERSAFETY PERS3-ER-SAFETY PERS5CLASSIC PERS5E-EE/ERCL PERS6PEPRA PERS6-ER-PEPRA PERSBERSAFETY PERS8-SAFETY PERS-CLDED SEIUD Dues  BENEFITS Payo Code COMP PERS-Classic Uniform Classlc TAXES Code Federalw/H MC SDI SS State W/H Unemployment  Units 77.63 12.00 3.00 92.63  Pay Amount 0,00 738,48 33.24 771.72 0.00 0.00 0.00 0.00  Units PayA Amount 365.00 21,236.57 14.00 999.84 0.00 200,00 18.00 379.08 0.00 1,409,39 0.00 225.00 43.06 1,286.46 48.00 1,943.71 0.00 1,608.76 0.00 564.26 175.00 227.50 0.00 1,325.74 0.00 4,601.21 24.50 734.67 240,00 10,637.60 0.00 1,201.06 3,472.50 125,693.95 19.00 526.22 83.00 4,719.38 4.00 900.00 285.93 11,179.23 0.00 109.75 36.00 835.92 160.00 228.80 676.00 1,756.28 118,43 4,473.46 40.00 1,372.40 0.00 2,192.60 5,822,42 202,568.84 SubjectTo Employee Employer 0.00 1,638.00 0.00 0,00 9.96 0.00 0.00 20.49 0.00 0,00 108,73 0,00 0.00 900.00 0.00 0.00 551.38 0.00 0.00 313,89 0.00 0.00 272,65 0.00 0,00 27.00 0.00 0.00 575.00 0.00 0.00 1,222.59 0.00 0,00 711,26 0.00 0.00 735.04 0.00 0.00 1,073.00 0,00 0,00 94.60 0.00 20,521.14 1,436.47 0.00 30,224.43 0.00 3,575.31 7,420.32 0.00 519,42 9,934.40 0.00 695.41 10,119.02 0.00 1,675.71 1,729.11 8.00 0.00 1,729.11 0.00 104.00 70,582.22 5,477.85 0.00 70,582.22 0.00 5,562.71 54,790.72 0.00 6,054,37 54,790.72 6,026.97 0.00 0.00 0.00 738.48 0.00 1,028.65 0.00 Total: 22,231.53 1B,925.41  Total:  SubjectTo Employee Employer 181,562.69 14,050.89 196,149.98 2,844.17 2,844.17 194,511.98 2,139.63 196,149.98 12,161.31 12,161.31 181,562.69 7,336.33 197,757.73 Total: 38,532.33 15,005.48  0.00  Total:  RECAP 01-Payrall Set01 Earnings: 202,568,84 Beneflts:  22,231.53  Taxes: 38,532.33  NetF Pay: 141,804.98  771.72 Deductions:  P tal  LO/23/2024 1:42:16PM    Detail Register Department Summary PayPeriod:1 10/08/202-10/24/2024  City of Arvin  Packet: PYPKT00746- Payroll 10.5.40.0/8/24307324) PayrllSet:01- PayrollSet01  Department: 003-ANIMALCONTROL  Total Direct Deposits: TotalCheck Amounts Units Pay Amount 15.50  EARNINGS PayCode 1X  813.29  Department: 013-Non Sworn PD  EARNINGS Pay Code 1x 2X  Units Pay Amount 63.00 6.00  2,796.45 364.52  Department: 014-POUCEDEPAFIMENT  EARNINGS PayC Code 1X 2X  Units Pay Amount 250.50 8.00  16,321.57 635.32  Department: 020-STREETIS-GASTAX  Total Direct Deposits: Total Check Amounts: Units Pay Amount 26.00  EARNINGS Pay Code 1X  931.36  Department: 023-TRANSIT  Total Direct Deposits: TotalCheck Amounts Units Pay Amount 10.00  EARNINGS Pay Code 1X  373.90    REGULAR MEETING MINUTES  ARVIN CITY COUNCIL/SUCCESSOR AGENCY TO THE  ARVIN COMMUNITY REDEVELOPMENT AGENCYIARVIN HOUSING AUTHORITY  ARVIN PUBLIC FINANCING AUTHORITY  October 22, 2024  CALL TO ORDER @ 6:06 PM  ROLL CALL: Mayor Borreli absent. All others present  Mayor Borreli arrived at 6:26 PM during agenda item 4-A  1. APPROVAL OF AGENDA AS TO FORM.  Item 3-A was removed from the agenda by staff. Motion CM Horton Second CM Tarver Vote 3-0  2. CONSENT AGENDAITEM(S)  A; Approval of Demand Register(s) of October 11, 2024 B: Approval of Payroll Register(s) of October 7,2024  C. Approval of Minutes for the Regular and Special Arvin City Council  meetings of October 8, 2024  Motion CM Tarver Second CM Horton Vote 3-0  3. PUBLIC HEARING ITEM(S)  A. A Public Hearing to Consider Approval of A Resolution of the City Council of the City of Arvin Declaring the Necessity to Commence Eminent Domain Proceedings for the Acquisition of the Property Located at the Southeast Corner of Rancho Dr. and Millux Rd., Arvin, California 93203: APN 446-010-04. (City Manager) THIS ITEM WAS REMOVED FROM THE AGENDA  Arvin City Councill Meeting Minutes- - October 22, 2024  Page 1of5    B. (1)A Public Hearing to Discuss an Application to the 2024 CDBG Grant program and (2)A Resolution Approving for Funding and the Execution of a Grant Agreement and any Amendments Thereto From the 2024 Funding Year of the State CDBG Program (Grants Manager) PUBLIC HEARING HELD WITH TRANSLATORAVALABLE Motion to approve resolution by CM Horton Second CM Tarver  NO COMMENTS RECEIVED  Vote 3-0 with Mayor Borreli absent RESOLUTION # 2024-56  4. ACTION ITEM(S)  Mayor Borreli arrived at 6:26 and participated on this item and all  subsequent items during the meeting.  A. Consideration Potential Direction to City Staff Concerning the! Process Discussion held with six citizens providing public comments. CM Tarver moyed to direct staff to contact former CM Murillo and inquire about his status regarding counçil position. Motion failed  to Fill the Vacancy on the City Council. (City Attorney)  due to lack of second,  MPT Reyes moved to not hold a special election for the vacant council seat and to keep the seat vacant until 2026. Second by CM Horton. Motion passed 3-1 with CM Tarver voting no. B. Consideration and Approval of A Resolution of the City Council of the City of Arvin Accepting and Awarding Bid and Authorizing the City Manager to Execute the Quote from Haaker Equipment Company, for Purchase of One (1) M2 230 Gallon Crack Sealer for the Public Works Motion to approve resolution by MPT Reyes Second CM Horton  Department in the Amount of $79,323.44.  Vote 4-0  RESOLUTION #2024-57  Arvin City Council Meeting Minutes- October 22, 2024  Page 2of5    C. Consideration and Approval of A Resolution of the City Council of the City of Arvin Accepting and Awarding Bid and Authorizing the City Manager to Execute the Quote from Herc Rentals OMNIA contract for Purchase of One (1) 2015 John Deere 210LE Tractor Skiploader 60- 90HP 4WD DSL for the Public Works Department in the Amount of Motion to approve resolution by CM Horton Second MPT Reyes  $52,095.31.  Vote 4-0  RESOLUTION #2024-58  D. Consideration and Approval of A Resolution of the City, Council of the City of Arvin Accepting and Awarding Bid and Authorizing the City Manager to Exeçute the Quote from 661Communications for the Purchase of twelve (12) refurbished Motorola Radios in the amount of $57,211.65 and Authorizing the Purchase based on the Sole Source Motion to approve resolution by CM Tarver Second CM Horton  Exemption of City of Arvin Purchasing Policy  Vote 4-0  RESOLUTION #2024-59  5. SUCCESSOR AGENCY ITEM(S)  A. Consideration and Acceptance of a Resolution Approving a Purchase Sale Agreement between the Dissolved Arvin Community Redevelopment Agency (Successor Agency) and MCN LLC for APN 190-020-38-003 which consists of2.81 acres and is located at the South East Corner of Comanche and Varsity Roads, Arvin CA. Motion to approved resolution by AM/CM Horton Second by  AM/MPT Reyes Vote 4-0  RESOLUTION #2024-60  6. CITY MANAGER'S REPORT  Arvin City Council Meeting Minutes- - October 22, 2024  Page3ofs    7. REPORT OF COUNCIL MEMBER MEETINGS & CONFERENCES  ATTENDED  CM Horton discussed attendance at the League of California Cities Conference at Long Beach from October 23 - October 25. MPT Reyes discussed attendance at the League of California Cities Conference at Long Beach from October 23 - October 25  8. PUBLIC COMMENTS jurisdiction of the City Council.)  (This is the opportunity for the public to address the City Council on' any matter on the agenda or any item of interest to the public that is within the subject matter  Eleven citizens provided public comments. 9. COUNCIL MEMBER COMMENTS  10.CLOSED SESSION ITEM(S)  A. CONFERENCE WITHLEGAL COUNSEL-POTENTAL LITIGATION Significant exposure to litigation pursuant to $54956.9(b): six cases B. THREAT TO PUBLIC SERVICES ORI FACILITIES Government Code Consultation with: City Manager and/or City Attorney. (one item)  (Government Code $54956.9(b).)  $54957(a).)  Arvin City Council Meeting Minutes- - October 22, 2024  Page 4of5    REPORT BY CITY ATTORNEY: 10A-Case 1- No reportable action.  Case 2-[ Direction provided to City Attorney to contact Property owner's attorney regarding appraisal. Case 3- No reportable action taken. Council received update thatinvestigator is conducting follow-up interviews. Case 4-1 Direction provided to City Manager to have Wastewater Treatment Consultant provide report Case 5-C City Attorney provided update concerning title Case 6- Update provided by City Manager concerning  once investigation in complete. work on three nuisance properties. potential litigation after required arbitration  pursuant to SEIU MOU.  11.ADJOURNMENT at 9:10 PM.  Jeff Jones, Deputy  Clerk  R6  Arvin City Councill Meeting Minutes- - October 22, 2024  Page 5of5    PROCLAMATION Ofee egflhe SHayor  NOVEMBER 13, 2024  d6  WILLIAM GREGG COWBOY" DAY  in our city in recognition of your military service during World War II.  The City of Arvin pays tribute to your unwavering commitment to duty, honor, and country inspires us all. It reminds us that freedom comes at a great cost, paid for by As we reflect this November for Veterans Day, we also have thought on your  the brave souls who've answered the call to serve.  service and honor you as a hometown hero, our hometown hero.  May November 13, 2024, always hold a special place in your heart, as it is a day  dedicated to you and your service to country.  In Witness Whereof, Ihave hereunto set my hand and caused to be affixed the seal  ofthe City of Arvin, California, this 12th day ofNovember 2024.  ODaniel gberveli, PHayer City of Arvin        CITY OF ARVIN Staff Report  Meeting Date: November 12, 2024  TO: FROM:  Arvin City Council JeffJones, City Manager  Megan Snyder, Human & Community Resources 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 thel Equipment.  RECOMMENDATON Code section 3.08.110. BACKGROUND  Staff recommends that the City Council declare the equipment listed below, titled as surplus items, as surplus and authorize its sale pursuant to the procedures set forth in Arvin Municipal  Arvin Municipal Code section 3.08.110 specifies that current department heads oft 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 Removal oft 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 oft the The following equipment is to be sold as surplus in their current operational condition:  any such sale shall be deposited into City treasury.  areas.  All CNG station equipment  Ifthe 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.  FINANCIALI IMPACT  There will be a cost to dismantle the CNG Equipment. Itis anticipated that the proceeds received from the sale of the asset will be equal to or exceed the amount oft 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 WITHTHE SALE OF THE EQUIPMENT  WHEREAS, Arvin Municipal Code (AMC) Section 3.08.110 (Surplus property-Sale or WHEREAS, AMC Section 3.08.110 (A) states that all department heads oft 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  other disposal) establishes aj procedure to declare equipment surplus; and  portion thereof on approval oft the city council ori 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 ofthe 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 oft the city; and  WHEREAS, the Compressed Natural Gas (CNG) station equipment is no longer in use NOW, THEREFORE, the City Council of the City of Arvin, does hereby resolve as  and is surplus. follows:  1. 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.  3. The City Council finds that this action isi in the best interests oft the City of Arvin. IHEREBY CERTIFY that the foregoing resolution was passed and adopted by the City Council of the City of Arvin at a regular meeting thereof held on the 12th day of November by  the following vote:  Reso Approving Salc of CNGI Equipment Declared as Surplus  Page Lof2    AYES: NOES: ABSTAIN: ABSENT:  ATTEST  JEFF JONES, Deputy City Clerk  CITY OF ARVIN  By:  DANIEL BORELLI, Mayor APPROVED ASTOI FORM:  By:  NATHAN HODGES, City Attorney Hodges Law Group  I,  City Clerk oft the City of Arvin, California, DO  HEREBY CERTIFY that the foregoing is ai true and accurate copy ofthel Resolution passed and adopted by the City Council oft the City of Arvin on the date and by the vote indicated herein.  Reso Approving Sale ofCNG Equipment Declared as Surplus  Page 2of2    STAFF REPORT CITY OF ARVIN  TO: FROM: DATE:  Honorable Mayor and City Council Members  JeffJ Jones, City Manager November 12 2024  SUBJECT: Report, Discussion, and Potential Approval of] Resolution No  Adopting  the-Resolution: ofNecessity, Recommendation: Background:  Adopt the Resolution ofNecessity (2/3 vote required).  This item was pulled from the agenda on October 8, 2024 and October 22, 2024. Staff was In 2023, the City was ordered by the State Water Control Board to comply with new: requirements related to its Wastewater Treatment Facility to comply with a Cease and Desist Order. In order to comply with these requirements, the City needs additional land to properly disperse the effluent The City, however, does not own sufficient land in the vicinity of the Wastewater Treatment Facility, and after analyzing the property surrounding the Treatment Facility, it was determined that the property located at the Southeast Corner ofRancho Dr. and] Millux Rd., Arvin, California 93203: APN 446-010-04, is the best property to allow the City to comply with the State Water Control Board's requirements. While this Property is not within the territorial limits of the City of Arvin, California Code of Civil Procedure $1240.125 states, "Except as otherwise expressly provided by statute and subject to any limitations imposed by statute, a local public entity may acquire property by eminent domain outside its territorial limits for water, gas, or electric supply purposes or for airports, drainage or sewer purposes if it is authorized to acquire property by  directed to bring this item back at the November 12, 2024 meeting.  from its Wastewater Treatment Facility.  eminent domain for the purposes for which the property is to be acquired."  A map showing the location of the property is attached as an exhibit to the proposed Resolution. Staff has been in contact with the property owners. Additionally, an appraiser, retained by the City, assigned ai fair market value tot the property necessary to complete the Project. An offer from the City to acquire the property for the amount stated in the appraisal was made on July 23,2024. After receiving no response from the Property Owner, on August 19, 2024 the City sent a second letter to the Property Owner, reiterating the previous offer to Purchase thel Property. Additionally, since sending the offer to acquire the property, the City has sought to negotiate the purchase oft the property in good faith. On August 29, 2024, the City Attorney received ai telephone call from the Property Owner. During this call, the Property Owner stated that the best and final counteroffer    to the City's offer would be $3,750,000, or approximately $50,000 per acre. This best and final offer exceeds the appraised value oft the property by $2,680,000. Thus, the Property Owner and the City are unable to agree to aj purchase price for the Property. To comply with the State Water Control Board's requirements, the City must consider the filing of an eminent domain action, which will allow the City to proceed with the project while the fair market value is determined by After the notice to thel Property owner concerning this public hearing had been mailed, thej property owner's attorney contacted the City Attorney and informed the City Attorney that the property owner would be seeking its own property valuation. Additionally, the property owner's attorney claimed that there may be other properties that are more suitable for the City's project. Before an eminent domain case can be filed, the City Council must adopt, by at least a 2/3 vote (4 of 5 council members), a "Resolution of Necessity." This resolution makes certain findings Itn must be emphasized that the price tol bej paid for the property is NOT the subject oft this! hearing. This hearing has the sole purpose of determining whether the statutory findings can be made. This item was considered and then tabled at the September 24, 2024 meeting and is now being  the Court.  required by state law and authorizes the city attorney tol begin the proceedings.  presented at this meeting. Statutory Findings: are as follows:  The statutory findings required to be made, and the facts supporting the making of the findings, 1.1 The project is planned and located in ai manner that will be most compatible with the greatest Facts: Yes, this is the closest property, which would allow the City to comply with thei new requirements related to effluent mandated by the State Water Control Board. There is another property that the City evaluated using for the Project. However, due to the proximity ofthat property to aj private lake, the property at issue has a lower risk ofcausing an environmental hazard. This property is vacant and will require minimal work in order to allow the City to utilize it as intended. This Project is deemed important for the safety oft the residents of Arvin and is necessary to allow the City to continued compliance with  public good and the least private injury.  the State Water Board's Cease and Desist requirements. 2. The taking of the project is necessary, for the proposed project.  Facts: Yes, as stated above, the City does not own sufficient land within the vicinity ofits Wastewater Treatment Facility to allow itt to comply with the State Water Control Board's requirements. Additionally, because this land is currently vacant, it will require minimal  work to allow it to be utilized for the public'si interest.  3. The offer to purchase required by California Government Code Sec. 7267.2 was made to the  owners ofthe property interests.    Facts: Yes, a written offer to acquire the property at the fair market value as determined by the appraiser was made on July 23, ,2024. A follow-up offer letter was sent on August 19,  2024 after the property owner failed to respond to the initial offer.  4. The necessary notice of this hearing was given as required by Code ofCivil Procedure Sec.  1245.235.  Facts: Yes, the notice was given by the City Clerk on August 29, 2024.  5. The City of Arvin has complied with all conditions and statutory requirements necessary to  exercise the power ofe eminent domain.  Facts: Yes, as outlined in this staff report.  6.The City of Arvin has complied with all provisions of the California Environmental Quality Act Facts: Yes, CEQA documents are prepared and will be submitted to the  for the projeci.  State  Clearinghouse and the Kern County Clerk.  7. fany portion of the property is appropriated, fors a public use, the public uses are necessary and paramount pursuant to Code of Civil Procedure Sec. 1240.610, o1 alternatively, will not unreasonably interfere with or impair the continuance oft the public use as il then exists 07 can be Facts: Noj portion of the property is currently appropriated for aj public purpose. The City proposes to use the property public purposes, including disbursement of effluent from the  reasonably expected to exist in the future.  City's Wastewater Treatment facility.  Fiscal Impact: Conclusion: Attachments:  Acquisition oft this property is included in the costs of the Project budget.  Ifthe City Council wishes to proceed with the project, then this Resolution should be adopted.  1) Resolution with Exhibits    RESOLUTION NO.  A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARVIN DECLARING THE. NECESSITY' TO COMMENCE EMINENT DOMAIN PROCEEDINGS FOR' THE ACQUISITION OF THE: PROPERTY LOCATED AT THE SOUTHEAST CORNER OF RANCHO DR. AND MILLUX: RD., ARVIN, CALIFORNIA: 93203: ASSESSORS PARCEL NO. 446-010-04 WHEREAS after consideration of the staff report, staff presentation, discussion, oral testimony and evidence presented at the hearing on the date of the adoption oft this Resolution, all of which are incorporated as ifs set forth herein, the City Council ofthe City of Arvin by vote of at least two-thirds of its members, FINDS, DETERMINES, DECLARES ANDRESOLVES  that:  a) The public interest, convenience and necessity require the proposed project, to wit: Disposal of Wastewater Treatment Facility Effluent and all uses appurtenant thereto b) Theinterests in real property to be acquired are fee simple, which are described in) Exhibit "A" and depicted on Exhibit "B" attached hereto and incorporated herein by this reference ("Property"). The Property is located within the City of Arvin, County of Kern, State of  ("Project"); and  California.  c) The use ofeminent domain to acquire the Property is authorized by California Government  Code $37350.5;  d) The Project is planned and located in a manner that will be most compatible with the  greatest public good and least private injury; and  e) The taking of the Property is necessary for the proposed project and such taking is authorized by Section 19, Articleloft the California Constitution, Section 1230.010 et seq oft the California Code of Civil Procedure, and other applicable law; and  The offer to purchase required by California Government Code Sec. 7267.2 was made to  the owners of the Property; and Procedure section 1245.235;  g) The necessary notice of this Resolution has been given, as required by Code of Civil  h) The City of Arvin has complied with all conditions and statutory requirements necessary toe exercise the power ofeminent domain to acquire the property interests described herein;  and    i) The City of Arvin has fully complied with all provisions of the California Environmental WHEREAS the City Council hereby declares that it is its intention to acquire the Property in the name of the City of Arvin in accordance with the laws of the State of California governing WHEREAS the City Council further finds that if any portion of the area oft the Property has been appropriated to some public use, the public uses to which iti is to be applied by the City, as described above, are more necessary and paramount public uses, pursuant to Code of Civil Procedure Sec. 1240.610 or, alternatively, will not unreasonably interfere with or impair the continuance of the public use as it then exists or may reasonably be expected to exist in the future, NOW,THEREFORL, BE! IT RESOLVED that the City Attorney is authorized and directed to] prepare, institute and prosecute in the name ofthe City of Arvin such proceedings in the proper Court having jurisdiction thereof as may be necessary for the acquisition of said Property, BE IT FURTHER RESOLVED that this Resolution shall be effective immediately upon its  Quality Act for the Project; and  condemnation proceedings; and  pursuant to Code of Civil Procedure Sec, 1240.510;  including the filing of a motion for an Order of] Possession prior to judgment.  adoption.  IHEREBY CERTIFY that the foregoing resolution was passed and adopted by the City Council oft the City of Arvin at a regular meeting thereof held on the 12th day ofl November 2024  by the following vote: AYES: NOES: ABSTAIN: ABSENT:  ATTEST  JEFF JONES, Deputy City Clerk  CITY OF ARVIN  By:  DANIEL BORELLI, Mayor    APPROVED ASTO! FORM:  By:  NATHAN HODGES, City Attorney Hodges Law Group  I,  City Clerk of the City of Arvin, California, DO  HEREBY CERTIFY that the foregoing is at true and accurate copy oft the Resolution passed and adopted by the City Council oft the City of Arvin on the date and by the vote indicated herein.    CITY OF ARVIN NOTICE OF INTENT TO ADOPT RESOLUTION OF NECESSITY, THE REAL PROPERTY LOCATED AT THE SOUTHEAST CORNER OF RANCHO DR. AND MILLUX RD., ARVIN, CALIFORNIA9320: APN 446-010-04, INM 2910, LLC  OWNER INM: 2910, LLC Attn: Mr. Ismael Nunez P.O. Box 607 McFarland, CA 93250  Re: Notice of1 Intent to Adopt. Resolution ofNecessity Rd., Arvin, California 3203:APN4A6-DIC-WA  The Real Property Located at the Southeast Corner of Rancho Dr. and Millux  Ownen: Ismael Nunez  To the Owner or Owners of the Subject Property:  The City of Arvin is in the process of acquiring land in the vicinity ofi its Wastewater Treatment Facility to allow compliance with the California State Water Control Board's Requirements related to the City's Wastewater Treatment Facility and the effluent produced therefrom (thei "Project"). The law provides procedures for public agencies to acquire private property for public use. It requires every agency which intends to condemn property to notify the owners of its intention to condemn. California Code of Civil Procedure (CCP) Section 1240.030 provides that the power of eminent domain may be exercised to acquire property for a proposed project if  the following three conditions are established:  1. The public interest and necessity require the project. greatest public good and thel least private injury. 3. The property sought to be acquired is necessary for the project.  2. The project is planned or located in the manner that will be most compatible with the  Also, CCP Section 1245.230 requires that the offer required by Section 7267.2 of the Government Code has been made to the owner of record, unless the owner cannot be located with reasonable diligence. A written offer required by Section 7267.2 of the Government Code was sent to the address that was listed on the last equalized county assessment roll on or about YOU ARE HEREBY NOTIFIED THATT THE CITY OF ARVIN, AT ITS MEETINGTO BE HELD ON SEPTEMBER 24, 2024, AT 6:00 P.M., AT 200 CAMPUS DRIVE, ARVIN, CA 93203, WILL BE ASKED' TO DECIDE IF THE ABOVE CONDITIONS HAVE BEEN MET AND, IF SO, TO ADOPT A RESOLUTION OF NECESSITY (RESOLUTION") Ouestions regarding the amount of compensation to be paid or the value of the property to be acquired are not part of this proceeding and the City Council will not consider such in  September 15,2023.  TOA ACQUIRE THE SUBJECT: PROPERTY BY EMINENT DOMAIN.  determining whether a Resolution should be adopted.  Page 1 of2    If the City Council adopts the Resolution, the Resolution will authorize the City of Arvin to acquire the property by eminent domain. Within six months of the adoption oft the Resolution, the City will prepare and file a complaint in the Kern County Superior Court commencing the eminent domain proceeding. All issues related to the compensation to be awarded for the acquisition of your property will be resolved in this court proceeding. A description of the The law provides you with an opportunity to appear before the City Council and raise questions concerning the three conditions referred to in CCP 1240.030, as cited above. You are entitled to appear and object to the adoption of the Resolution. If you intend to appear, please provide a written request to appear before the City Council. Failure to file a written request to appear and be heard within 15 days after the notice was mailed will result in waiver of the right to appear and be heard. Please include with any written request to appear a statement indicating which of the three conditions listed in the first paragraph above you contend have not been met. By designating which of the conditions form the basis of your challenge and explaining why you believe they have not been met, you will enable the City Council to conduct a full and expeditious review of the project's effect on your property, If you request an appearance and review, you will be notified of the time and date for participation in that review. Staff will conduct the review on behalf of the City Council and ask for your participation. Based on this review, the City will then prepare a report to be presented to the City Council at the meeting at which you intend to appear. The request to appear should be sent to: Clerk oft the City of Arvin, Your written request to appear must be on file with the Clerk of the City of Arvin within the 15- day period set forth above. Failure to timely file a written request to appear will result in a For your convenience, if you are unable to personally appear or choose to submit written objections in place of a personal appearance, the City Council will consider any written objections sO long as they are received by the Clerk prior to the meeting date. All written objections filed with the City Council will become part of the official record of the meeting at  required property is attached to this notice.  200 Campus Drive, Arvin, CA 93203.  waiverofyour right to appear and be heard by the City Council.  which the City Council hears and considers the Resolution. Attachment: Description of] Property to be Acquired  Page 2of2    CITY OF ARVIN Staff Report  Meeting Date: November 12, 2024  TO:  Arvin City Council JeffJones, City Manager  FROM: Megan Miller, Human & Community Resources Manager SUBJECT: Consideration oft the Grants Manager. Employment Agreement  BACKGROUND: projects forward for the city.  The City of Arvin relies heavily on grant funding to move otherwise financially infeasible 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 In the last year, the Grants Manager has collaborated with community groups, institutes ofk 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 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  funding benefiting the City of Arvin.  community.  projects throughout her tenure. STAFF RECOMMENDATION:  The recommendation is for Council toj provide direction regarding the Grants Manager employment agreement. The term ofthe agreement is fort two (2)years.    FINANCIAL IMPACT:  Annual salary of$110,000 with an option ofa a 5%1 merit increase of the contract. Please note this position has an annual with grant funding and, in turn, has aj minimal 2022. This contract agreement which was approved in August of 2022. ATTACHMENTS: Grants Manager Employment Agreement Grants Manager. Job Description  $5,500 for the second year of  salary that is somewhat cost-recoverable a budgeted position since class inception in  addition, this is not a new position and has been impact on the city's total personnel budget. In  provides an increase of$12,261 from the most current  employment    AGREEMENT NO. 2024- :  GRANTS MANAGER EMPLOYMENT AGREEMENT  This Employment Agreement ("Agreement") isi 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  int this Agreement individually as "Party" and collectively as "Parties."  RECITALS  WHEREAS, Employee has demonstrated the knowledge, skills, and abilities to serve as 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;  the City's Grants Manager under the criteria established by the City; and  and  WHEREAS, the position of Grants Manager is an "at will" position, not subject to the WHEREAS,itisi int the City's! best interest at this time toj pursue employment of] Employee as Grants Manager in accordance with the applicable provisions ofthe City's Municipal Code and as otherwise provided by law. Employee wishes to accept employment as Grants Manager and is  City'spersonnel rules; and  willing to do sO under the terms and conditions set forth below. hereinafter, the Parties mutually agree as follows:  NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth  AGREEMENT  1. INCORPORATION. The Parties incorporate the foregoing recitals as if fully set forth 2. HIRE. City acknowledges that iti 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 runtil 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 al hearing before or after a decision by the City Manager to terminate his employment, including any so-called  herein verbatim.  Page 1 of23  GRANTS MANAGER EMPLOYMENT AGREEMENT    due process pre-disciplinary "Skelly" meeting, except that the City must terminate Employee ini the manner set forth in Section 71 below. Nothing contained in this Agreement shall in any way prevent, limit, or otherwise interfere with the rightofthe City tot 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 at any time from this position with City, subject only to the provisions set forth in Section resign  7ofthis Agreement.  4. DUTIES. GRANTS MANAGER. Employee accepts employment with the Grants Manager and agrees toj perform all functions, duties and services set forth City the job description for the Grants Manager position attached hereto as Exhibit duties that are otherwise legally permissible and proper as required by law "A," and as the  as its and those 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 5. - TERM. Except as hereinafter described, the term ofthis Agreement shall be for two years 6.3 SALARY ANDI BENEFITS. Employee' salary and other benefits fora all work or  Employment except with the consent oft the City Manager.  commencing on the Effective Date.  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 foramerit-based pay increase up to5% 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 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 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  discretion oft the City Manager.  compensation not specifically provided for in this Agreement.  Page 2 of23  GRANTS MANAGER EMPLOYMENT AGREEMENT    Employee reach the accrual limit, accrual will cease until such time as the Employee's accrued number of hours falls. below the limit; Employee shall have: the option to request vacation pay cash out to stay below the limit; but must maintain a minimum of  801 hours left in bank after cash out request.  C. Employee shall accrue 3.6923 hours of sick leave per pay period during the term ofthis 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 D. Holiday and Other Leaves. Employee shall receive the same leaves, holidays, and 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 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 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 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 . 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 tol Employee. Ins such event, amendment oft 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  will not be carried forward and will be forfeited.  other time off as provided to other managers at the City.  the benefit provider.  employee.  laptop shall be used exclusively for City business.  Medicare during the term ofthis Agreement.  Agreement.  Page 3 of23  GRANTS MANAGER EMPLOYMENT AGREEMENT    7. TERMINATION. Upon appointment to the Grants Manager position, Employee remains an at-will employee serving at the under the direction of the City Manager and may be A. Termination by CITY for Cause. The City Manager may terminate this Agreement for cause at any time by providing Employee with written notice oft 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 ofofficial duties, including but not be limited to any ofthe 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. Ai 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 tot terminating this Agreement "ford cause." iii. Conviction of any felony, or for any misdemeanor involving moral turpitude, corruption, or dishonesty. "Conviction" shall include any guilty plea, plea of nolo contendre, or any other disposition other than a dismissal of charges or acquittal. City is not required to wait until Employee has exhausted any appeal rights priort to terminating this Agreement "for cause."  terminated as follows:  iv. Employee' death.  V. Employee' permanent disability ifs 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 ofthe City's anti-harassment. policies and/or a finding that legally prohibited personal acts ofh harassment against a City official or employee  Page 4 of23  GRANTS MANAGER EMPLOYMENT AGREEMENT    or legally prohibited personal acts of discrimination against a City official xi. Violation of the City's Municipal Code, Ordinances, Rules, and Regulations, including but not limited to the City's Personnel Rules  or employee has occurred,  xii. Use or possession of illegal drugs,  xiii. Abuse ofoffice or position" as defined in Government Code $53243.4(.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), at termination bythe City Manager for cause 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 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 withl 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'sinformation and documents tor raise mitigating circumstances 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  shall be conducted in accordance with the following procedures:  ofthe right to do SO.  for consideration by the independent hearing officer.  Page 5 of23  GRANTS MANAGER EMPLOYMENT AGREEMENT    reviewand consideration oft 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 or1 regulatory requirements, or ifo doing sO willj precludeayiolation of State, Federal 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 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 mmay 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 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 ofl her employment  orl local law.  circumstances regarding the termination.  set forth in Section 5.  and the expiration of this Agreement.  C 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 oft the City Council, or otherwise privileged and/or confidential under applicable law, including but not limited to  Page 6of23  GRANTS MANAGER EMPLOYMENT AGREEMENT    personnel information, information pertaining to on-going or potential litigation, information learned in the context of the attorney-client relationship with the City Attorney 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 toj perform herj 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 ofl her employment and the expiration oft 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 ofpay. days) post-separation.  Continued Health Insurance benefit coverage for three pay periods (42  The severance pay will be in addition toj pay accrued, but not remitted, prior to the notice oft 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 oft this Agreement. Employee expressly waives any and all other rights withi respect tos 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 ofl 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 o1 malice. The provision shall not extend to claims brought by City itself or where indemnity is  otherwise prohibited by law,  Page 7 of23  GRANTS MANAGER EMPLOYMENT AGREEMENT    9. PERFORMANCE EVALUATION. City Manager evaluate Employee at least one (1) time each year during the pendency oft this Agreement. Employee shall be responsible for initiating the evaluation. The City Manager may conduct more frequent performance A. Written Summary. The City Manager may, at his/her sole discretion, elect to provide a written summary ofeach] performance evaluation to Employee within two (2) weeks following the conclusion oft the: review and evaluation process. B. No Grievance or Appeal. Grievance or appeal of performance evaluations is not permitted. Employee may, ifhe 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.  evaluations at their discretion.  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 Mayor, City of Arvin 200 Campus Drive Arvin, California 93203  Employee Christine Viterelli 200 Campus Drive Arvin, California 93203  Either party may change her ori its address by providing written notice to the other party in  the manner described herein. 11.0 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, ori 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 oft this Agreement or seeks to enforce B. Captions. The headings used in this Agreement are inserted for reference purposes only and shall not be deemed to limit or affecti in any way the meaning ori interpretation . Severability. If any provision contained in this Agreement is held invalid or unenforceable by a court of competent jurisdiction, the remainder of this Agreement  its terms, provisions, obligations, or as compelled by law.  of any oft the terms or provisions of this Agreement.  Page 8 of23  GRANTS MANAGER EMPLOYMENT AGREEMENT    shall be deemed severable and shall not be affected thereby and same shall remain in 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 tol Employee, assign its rights 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 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 ord consent to any subsequent breach of this Agreement on the part oft 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 Counterparts. This Agreement may be executed in counterparts and the respective signature pages for each party may thereafter be attached toi the body ofthis Agreement to constitute one integrated Agreement which is as fully effective and binding as ifthe 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 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 ift the officer orl Employee is convicted ofac crime involving an abuse of 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  full force and effect.  and obligations hereunder.  of California for the County of Kern.  reasonable attorneys' fees, costs, and all other litigation costs.  entire document had been signed at one time.  the circumstances described in the statutes:  his or her office or position.  Page 9 of23  GRANTS MANAGER EMPLOYMENT AGREEMENT    the legal criminal defense of an officer or Employee shall require that any funds provided for that purpose be fully reimbursed to the local agency ift the officer or Employee is convicted ofac crime involving an abuse ofhis orl her office or position. Government Code section 53243.3 states that on or after January 1,2 2012, ifal 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 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 oflaw, and shall not engage in any business or transaction or maintain af financial interest which conflicts, or reasonably might be expected to conflict, with the proper discharge of] Employee's duties under this Agreement.  involving the abuse ofl his or her office or position.  Employee represents that hel 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 ifEmployee isc convicted ofa 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 oft 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 thereofi is understood and that the terms oft 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 ofe 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, 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 M. Binding Effect. The rights and obligations oft this Agreement shall inure to the benefit of,  waiver or estoppel.  ofthis Agreement and the intent of the parties to this Agreement.  Page 10 of23  GRANTS MANAGER EMPLOYMENT AGREEMENT    and be binding upon, the parties to the contract and their heirs, administrators, executors, personal representatives, successors and assigns, and whenever the context sO requires, the masculine gender and includes the feminine and neuter, and the singular number includes thej plural. This. Agreement may be executed in any number of counterparts, each ofwhich 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).  shall be considered as an original and be effective as such.  [Signature Page Follows]  Page 11 of23  GRANTS MANAGER EMPLOYMENT AGREEMENT    IN WITNESS WHEREOF, City has caused this Agreement to be signed and executed on its behalf by its City Manager and duly attested to by its City Clerk, and Employee has signed and  executed this Agreement, as oft the date written below.  Dated:  CITY OF ARVIN  By:  JEFF JONES, CITY MANAGER  Dated:  EMPLOYEE By:  CHRISTINE VITERELLI  ATTEST: By:.  DEPUTY CITY CLERK  APPROVED ASTOFORM:  By:  NATHAN M. HODGES, ESQ. CITY ATTORNEY  Attachments:  Exhibit "A": Grants Manager Job Description Exhibit "B": Severance Agreement  Page 12of23  GRANTS MANAGER EMPLOYMENT AGREEMENT    Exhibit "A"  Grants Manager Job Description  Page 13 of23  GRANTS MANAGER EMPLOYMENT AGREEMENT    City of Arvin  GRANTS MANAGER  DEPARTMENT: FLSA STATUS: UNIT: GRADE: JOBSUMMARY  FINANCE DEPARTMENT EXEMPT UNREPRESENTED  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 isr 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 thet 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 ini this class manage grant funded  staff members.  EXAMPLE OF ESSENTIAL FUNCTIONS (llustrative 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; Perform all activities to prepare and manage all grant proposals for various government Collaborates with a variety of parties (e.g. cityp personnel, communltyorgantatons businesses,  and monitors budget expenditures.  agencies.  etc.) to secure funding to maintain and enhance services and/or programs.    Grant Manager Page2of4  Develops and submits highly effective grant applications and related documents (e.g. required Develops forms, processes, procedures, and policies to ensure the implementation of a Evaluates degree of match between listed grant priority areas and the needs of the City the 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 Maintain projectrecords: a and prepare all modifications tor resolve various application issues Perform all federal and state audits on all grant-related information on subgrantees and 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 Provides support to the City Manager and department directorsthrough preparation ofv written materials and presentations to disseminate clear and effective communications and to ensure Administer all programs and prepare a schedule for site visits with help of various members 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 Develops relationships with community leaders to further their support of the grant Utilization of resources from other work units may be required to perform the job's functions. Participates in and leads, ifa appropriate, meetings, workshops, and seminars to convey, share, Assists with the financial management of grants (e.g. budget preparation, budget adjustments, expenditures, etc.) to ensure compliance with all program and funding Coordinates with other Grant Writers to obtain information about upcoming grants. Ability to interpret federal, state, and local government laws and regulations regarding grant  reports, budgets, specifici inquiries, etc.) to the appropriate funding agency.  consistent grant application methodology. purpose of matching needs with fundingsources.  constraints set forth. for grant funds.  prepare all reports for all expenses.  advise other staff of potential funding sources.  the City's strategic goals are met. and submit to management.  Prepares Staff reports and resolutions related to grants.  serving as a clearinghouse for potential grant funding opportunities.  opportunities via letters of support.  and/or gather information required to performfunctions.  guidelines ofa awarding organizations.  administration.  Responsible for implementing the various grant projects.  Regular and timely attendance.    Grant Manager Page 3of4  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: Graduation from an accredited college or university with al Bachelor's degree in Business or Public  Education:  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 ini 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. applications, and other relevant software applications.  Principles and practices ofi financial record keeping, reporting and records management. Office procedures, methods, and equipment including computers, all Microsoft Office 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.  Abilityt to:  Write clear, structured, articulate, and persuasive proposals to effectively apply for and Review and interpret highly technical information, write technical materials, and/or speak 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. Plan and manage multiple projects and assignments effectively.  receive grant awards.  persuasively to implement desired actions.  Analyze situations to define issues and draw conclusions to perform single, technical tasks to  meet changing. job conditions. Prepare and maintain accurate records.    Grant Manager Page 4of4  Define organizational, operational, and management needs. Work with and maintain confidentiality of information. Work effectively with diverse groups and individuals.  Collect appropriate data to support research aims, draw reasonable conclusions, and  conceptualize solutions effectively.  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 ini 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 andi 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 terminais. The position also requires repetitive hand movement and fine coordination in data entry and preparing reports using a computer keyboard. Specificvision 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  Page 14 of23  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 City of Arvin, a municipal corporation ("City" herein), and Christine Viterelli ("Employee"  the "Agreement") is entered into effective this day of  by and between  herein). 2. RECITALS  2.1 Employee was hired by the City as an at-will Grants Manager effective on or about to a written Employment Agreement, a copy of which is attached hereto as Exhibit"1"  serving at the pleasure oft the oft the City Manager of the City pursuant  ("Employment Agreement"). Employee is currently years old.  2.2 On or about  20_ the City provided Employee with a Notice ofTermination  without Cause (or the Employee provided the City a letter of resignation, wherein Employee informed the City ofherintent to resign.) Pursuant to thel Notice ofTermination (or Employee's resignation letter), the City and Employee desire that Employee separate from employment with the City and enteri into this Agreement whereby Employee receives severance compensation in exchange for executing a general release and waiver ofany 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 complete terms and conditions concluding the Employee's employment relationship with the City and any obligations related thereto, including any provided under the Employment  Manager as of the Agreement.  day of  20 - This Agreement sets forth the full and  Page 15of23  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 of1 1974 ("ERISA"), and the Health Insurance Portability and Accountability Act of1996 ("HIPAA"), and ofher 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 bej paid to Employee an additional compensatory payment as severance pay by means ofal lump sum 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 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 ofits 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 oft 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  payment of  ($  ), as set forth ini in the form ofa check made  state and federal withholdings as determined appropriate by the City.  Page 16 of23  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 Codes8 12, 900 et seq., the Americans With Disabilities Act, Title VII of the Civil Rights Actof1964, thel Public Safety Officers Procedural Bill ofRight Act, and any other federal, state, or local human rights, civil rights, or employment discrimination or) Employee rights statute, rule, or regulation. Nothing herein shail be interpreted as ai release or waiver ofany 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,"2 29 U.S.C. 8 626, et, seq., Pub L 101-433, 104 Stat. 978 (1990)) further augments the ADEA and prohibits the waiver ofany right or claim under the ADEA, unless the waiver is knowing and voluntary. By entering intot 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 ai 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, OWBPAa and/orsimilar: age discrimination c) Employee is entitled to a reasonable time ofs 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 ofl Employee's own discretion, sign or reject this Agreement at any time before  laws;  the expiration of the twenty-one (21) days;  Page 17 of23  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 e) Employee has been advised by this writing that Employee should consult with an attorney 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 g) Employee has seven (7) days following Employee's execution of this Agreement to 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 1) This Agreement shall not be effective until all parties have signed the Agreement and ten (10) days have passed since Employee's execution ofs same ("Effective Date").  Agreement;  prior to executing this Agreement;  within which to review and consider this Agreement;  revoke the Agreement;  acceptance ofour Agreement of Severance and General Release;" and  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 EXTINGUISHLD" "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.  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  Page 18of23  GRANTS MANAGER EMPLOYMENT AGREEMENT    Each of the parties to this Agreement represents and warrants to, and agrees with, each 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 ofthe contents oft this Agreement and ofits legal effect. 7.2 No Fraud in Inducement: No party (nor any officer, agent, employee, representative, or attorney of or for any party) has made any statement or representation or failed to make any statement or representation to any other party regarding any fact relied upon in entering into this Agreement, and neither party relies upon any statement, representation, omission or promise of any other party in executing this Agreement, or in making the settlement 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 7.4 Mistake Waived: In entering into this Agreement, each party assumes the risk of any misrepresentation, concealment, or mistake. Ifany party should subsequently discover that any fact relied upon by iti 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 reliefin 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 isi intended to be, and is, final and binding between the parties, regardless ofa any claims ofmistepresentation, promise made without the intent to perform, concealment ofi fact, mistake of fact or law, or any other circumstance whatsoever. 7.5 Later Discovery: Thej 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 ofs such intention, the releases given here shall be, and remain, in effect as full and complete releases of all such matters, notwithstanding the discovery o1 existence of 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 tot thej provisions ofthis Agreement. Employee understands and agrees that Employee shall be exclusively liable for the payment of all taxes for which Employee  other party as follows:  provided for herein, except as expressly stated ini this Agreement.  thereto, as it deems necessary.  any additional or different claims or facts relative thereto.  Page 19 of23  GRANTS MANAGER EMPLOYMENT AGRBEMENT    is responsible, if any, as a result of Employee's receipt of the consideration referred to in Paragraph 3 ofthis Agreement. In addition, Employee agrees fully to indemnify and hold the City Parties harmless for payment oft 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 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 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 orobtained by Employee during the course of Employee's employment with the City shall be provided by Employee to the Finance 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  set forth in Paragraph 3 ofthis Agreement.  this Agreement.  Director or designee.  state or federal agency.  7.10  Ownership ofClaims: Employee represents and warrants as aj material term ofthis 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 oft this Agreement; the prevailing party shall be entitled to reasonable attorneys' fees and costs in addition to any other relieft 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 behalfof the respective parties have actual authority to execute this Agreement and, by doing SO,  bind the party on whose behalfthis Agreement has been signed.  Page 20 of23  GRANTS MANAGER EMPLOYMENT AGREEMENT    7.13  Unemployment: Nothing ini this Agreement shall limit Employee'sability to apply  for unemployment benefits.  8. MISCELLANEOUS  8.1 No Admission: Nothing contained herein shall be construed as an admission by the City ofany 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 shail be construed and enforced in 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 8.3 Full Integration: This Agreement: ist the entire Agreement between thej parties with respect to the subject matter hereofand supersedes all prior and contemporaneous oral and written Agreements and discussions. This Agreement may be amended only by a further 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, 8.5 Joint Drafting: Bach party agrees that it has cooperated in the drafting and preparation of this Agreement. Hence, in any construction to be made ofthis Agreement, the parties agree 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 8.7 Titles: The titles included in this Agreement are for reference only and are not part ofi its 8.8 Counterparts: This Agreement may be executed in counterparts, and when eachj 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. inc connection with this Agreement, may be affected by facsimile and/or electronic transmission, and in  accordance with, and governed by, the laws ofthe State of California.  waive any challenge to personal jurisdiction or venue ini that court.  Agreement in writing, signed by the parties hereto.  attorneys, assigns, heirs, and successors in interest.  that same shall not be construed against any party.  remainder ofthis Agreement shall still be in full force and effect. terms, nor do they in any way modify the terms oft this Agreement.  Page 21 of23  GRANTS MANAGER EMPLOYMENT AGREEMENT    such event, copies of executed originals sO delivered may be used in place of, and shall 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  have the same force and effect as, the executed originals.  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.  Page 22 of23  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 ASTO FORM:  For City: By: Name:  Title: CITY ATTORNEY  For Employee (ifrepresented):  By: Name: Title:  Page 23 of23  GRANTS MANAGER EMPLOYMENT AGREEMENT    CITY OF ARVIN Staff Report Meeting Date: November 12, 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 The City of Arvin published a Request for Qualifications for On-Call Engineering services on Planet Bids on. April 18, 2024. The prepared scope ofwork was broad and included representation on behalf ofthe 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 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 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 andi reconstruct Meyer Street from Bear Mountain Boulevard to Sycamore Drive. Thus, City Staff has prepared an amendment to the Agreement with) DPSI toi include these two projects within the  and future needs for engineering support.  implementing State and Federal grant projects.  Engineering Services.  Scope of Work to be provided by DPSI. STAFF RECOMMENDATION:  Page 1of2  Staff Report- - First Amendment tol PSA with DPSI    Staff recommends approval of the First Amendment to the Professional Consultant Services  Agreement between the City of Arvin and DPSI.  FINANCIAL IMPACT:  The amount of the proposed amendment totals $320,900.00, of which $185,560.00 would be allocated to the Meyer Street Project and $135,340.00 would be allocated to the 4th Street Project. This proposed amendment would increase the total cost of the Agreement with DPSI from The majority ofthe funding will be reimbursable as pre-development engineering and design costs designated on the City of Arvin's SB1 list of projects that was previously approved but the City Council. A small amount of funding for non-grant reimbursable services is included in the Fiscal  $150,000.00 to $470,900.00.  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  Page 20 of2  Staff Report - First Amendment tol 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 AGREEMENT FOR ON-CALL ENGINEERING SERVICES (this "Amendment") is SERVICES made as of municipal corporation (the "City") and Diversified Project Services International, Inc.  2024 (the "Effective Date") by and between the City of Arvin, a California  ("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 oft the mutual covenants and conditions hereinafter set forth, and the above recitals which are by this reference incorporated herein, the: which is hereby acknowledged by the parties hereto, thej parties hereto agree as follows: sufficiency of  AGREEMENT:  1. 2. amended as follows:  Defined Terms. All initially capitalized terms used but not defined herein Page 2, Section 3.1 of the Agreement entitled Payment for Services shall Payment to Consultant toj perform its Scope of Work is set forthi in Attachment "A," attached hereto andi 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.  have the meanings ascribed to such terms in the Agreement.  shall be  Page 1of5  First Amendment to Professional Consultant Services Agreement for  On-Call Engineering Services    3.  Page 16, Attachment "A," Scope of Work and Payment for Services, Project Contract Amount and Fee Schedule: The contract amount shall not exceed $470,900.00 unless further amended by both parties. Refer to the following (1) Provide On-Call Engineering Services from Diversified Project Solutions (2) Provide Services for Meyer Street Design dated September 16, 2024; and (3) Provide Services for 4th Street Design dated September 16, 2024.  Budget, Project Schedule and Timeline shall be amended as follows:  attached Proposals for the schedule ofi fees: International, Inc, dated May 7,2024;  4.  Page 16, Attachment "A," Scope of Work and Payment for Services, Project Incorporation of DPSI Proposal for Services related to Meyer Street Design dated Incorporation of DPSI Proposal for Services related to 4th Street Design dated Ratification; Conflicts: Headings. Except as modified by this Amendment, the  Budget, Project Schedule and Timeline shall be amended as follows:  September 16, 2024, and attached hereto as Exhibit" "A(1)," and September 16, 2024, and attached hereto as Exhibit "A(2)."  5.  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 ori inconsistency between the terms and provisions of the Agreement and the terms and provisions ofthis Amendment, the terms and provisions of this Amendment shall govern and control. The headings herein are inserted only as ai matter of convenience and for reference and ini no way define, limit or describe  the scope or intent ofthis Amendment.  6.  Entire Understanding. This Amendment contains the entire understanding  between the parties with respect to the matters contained herein. Except as modified by this Amendment, the Agreement shall remain unchanged and shall continue in full force and effect. No representations, warranties, covenants or agreements have been made concerning or affecting the subject matter of this Amendment, except as are contained herein and in the Agreement. This Amendment may not be changed orally, but only by an agreement in writing signed by the party against whom enforcement of any waiver, change or modification or discharge is sought.  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 ofa counterpart signed  by aj party hereto shall bei regarded as signed by such party for purposes hereof.  [Signature pagefollows)  Page 2of5  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 oft the date and year first above written.  CITY  CONSULTANT  CITY OF ARVIN, ac California municipal corporation  DIVERSIFIED PROJECT SERVICES  INTERNATIONAL, INC.  By:  By: Name: Title: Dated: By: Name: Title: Dated:  Jeff. Jones, City Manager  Dated:  Approved as tol Form:  Nathan M. Hodges, City Attorney  Page 30 of5  First Amendment to Professional Consultant Services Agreement for  On-Call Engineering Services    EXHIBIT-AC)"  DPSI Proposal for Services related to Meyer Street Design dated September 16, 2024  Page 4 of5  First Amendment to Professional Consultant Services Agreement for  On-Call Engineering Services    EXHIBIT "A(2)"  DPSI Proposal for Services related to 4th Street Design dated September 16, 2024  Page 50 of5  First Amendment to Professional Consultant Services Agreement for  On-Call Engineering Services    EPSI DIVERSIFIED! PROJECTSERVICES INTERNATIONAL  September16, 2024  Christine' Viterelli City ofArvin 200 Campus Drive Arvin, CA 93203  via emai!: vitereli@arvin.org  SUBJECT: Dear Ms. Viterelli:  PROPOSAL FOR SERVICES I MEYER STREET DESIGN - ARVIN, CALIFORNIA  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 Diversified Project Services International, Inc. (DPSI) will provide the following services as described  design plans for submittal withi the grant application by October 25, 2024.  below.  SCOPE OF SERVICES TASK1  PROJECT MANAGEMENT Coordinating with Sub-Consultants Project Meetings (as necessary) DESIGN  DPSI will provide Project Management Services, scope of service will include:  TASK2  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 forr reconstruction, digouts, and overlay. Construction document preparation and bid support EngineersEstimate of probable cost for CDBG Grant  Curb, gutter and sidewalk Drive approaches Striping  Bakersfield E San Luis Obispo along Beach I www.dpsinc.com    EPS MARSPHOPOKTSVCE 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 90F Percent Plans and estimate completed by October 25, 2024  TASK3  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 RFI's, and prepare  plan set revisions deemed necessary to complete the project.  DELIVERABLES Addendums RFIE 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 DPSI requires 72-hour advance notice prior to start of work to allow for mandatory written request for  scheduling for deliverables.  dispatch of apprentices (excluding weekends and holidays). CLARIFICATIONS AND ASSUMPTIONS the above scope descriptions:  Thei following clarifications and assumptions apply to this proposal and are in addition to those stated in 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 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 Client will be responsible for providing the subsurface utility location information and for Itisa assumed that the client will provide all applicable environmental clearances required fort the project. Any studies or reports required for clearances are the responsibility oft the client. Allr 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.  onat time and materials basis with priorwritten: authorization from client.  handled under an Additional Services Agreement. coordinating any relocation ifr necessary.  Meyer Street Design 240463  Page/2    EPSI DIVERSIFIED PROJECT SERVICES INTERNATIONAL  The client will communicate any design, budgetary, or scheduling criteria or constraints prior to work commencing and provide timely input and responses throughout the course of the project to facilitate the work progress. it is requested that the client provide written review responses within five (5) days of receipt of review plans and provide a specific point of contact for Structural engineering, including calculations, retaining walis, and foundation design, is not included in the scope of this proposal but can be handled under an Additional Services Permit fees are unknown and not included. If requested by client, DPSI will handle permit fee  management oft the review process.  Agreement.  payment and invoice for this service with a 15% markup.  Electronic format submittals (PDF) will be made unless otherwise requested  ADDITIONAL SERVICES  Thet 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. TASK1 TASK2 TASK3  FIXED FEE $7,455 $178,105 Asn needed TOTAL $185,560  PROJECT MANAGEMENT DESIGN CONSTRUCTION SUPPORT  The fees stated above are based on non-prevailing wage rates, except for those classifications required for the geotechnical investigation and the field survey work which are based on Reimbursable expenses, including but not limited to reproduction costs, are in addition to the  prevailing wage rates. fees quoted above.  Meyer Street Design 1240463  Page 13    EPSI DIVERSIFIED PROJECT SERVICES INTERNATIONAL  TERMS AND CONDITIONS  This agreement consists of the scope of services, the following terms, and any exhibits or applicable documents attached. This agreement supersedes any and all prior negotiations, correspondence, or agreements either written or oral. Any changes tot this agreement must be mutually agreed to in writing. Iti is understood that all work done by DPSI for client willl be performed in accordance with thet terms and conditions as stated ini the agreement between the DPSI and City of Arvin dated. July: 15, 2024. Ift the terms of this proposal are acceptable, please sign the following acceptance and return a copy, which will: serve as our notice to proceed. Thei fees quoted int this proposal are valid for 60 days from this date. Ify youl have any questions or would like clarification ont the scope of services or fees outlined above, please  do not hesitate to contact us. Wet thank you fori this opportunity to offer our services.  Resperttulysubmites, d-Br Samuel D. Lux, PE Director of Civil Engineering  DIVERSIFIED PROJECT SERVICES INTERNATIONAL, INC.  Meyer Street Design I 240463  Page 14    PPSI DIVERSIFIED! PROJECT SERVICES INTERNATIONAL  ACCEPTANCE OF TERMS AND AUTHORIZATION TO PROCEED  Proposal Date: Project Name:  September 16, 2024  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 shei is authorized to enteri intot this agreement.  City of Arvin  Diversified Project Services International, Inc.  Signature Print Name Title  Date  Signature Print Name Title  Date  Billing Email: Billing Address: Billing Code: Tasks Authorized:  (for electronic invoices) (ifd different than mailing address) (i.e. PO, AFE, NWA, etc.)  (All tasks authorized unless otherwise noted)  Meyer Street Design 1 240463  Page 15    EPSI DIVERSIFIED PROJECTSERVICES INTERNATIONAL  September 16, 2024  Christine Viterelli City ofArvin 200 Campus Drive Arvin, CA 93203  via email: cviterell@arvin.org  SUBJECT: Dear Ms. Viterelli:  PROPOSAL FOR: SERVICES 14 4'HSTREET DESIGN - ARVIN, CALIFORNIA  We are pleased to provide you with this proposal for design engineering for the Street from Walnut Drive to Campus Drive in Arvin, California. It is  project located on 4th  Arvin is working closely with surrounding  our understanding that the City of  Street between below,  developers to complete the design and construction of 4th  Campus Drive and Walnut Avenue.  Diversified Project Services International, Inc. (DPSI) will provide the foilowing services  as described  SCOPE OF SERVICES TASK1  PROJECT MANAGEMENT Coordinating with Sub-Consultants Project Meetings (every3 3v weeks) Coordination with surrounding developers  DPSI will provide Project Management Services, scope of service willi include:  TASK2  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 fors street drainage  Roadway design fori new road Full width paving Curb, gutter and sidewalk Drive approaches Striping Lighting  Bakers/ield e San Luis Obispo  Lony Beach I www.dpsiinc.com    EPSI DIVERSIFEDPROECT: 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)  TASK3  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 RFI's, and prepare and  plan set revisions deemed necessary1 to complete the project.  DELIVERABLES Addendums RFIF 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 DPSI requires 72-hour advance notice prior to start of work to allow for mandatory written request for  scheduling for deliverables.  dispatch ofapprentices (excluding weekends and holidays). CLARIFICATIONS, AND ASSUMPTIONS the above scope descriptions:  The following clarifications and assumptions apply to this proposal and are in addition to those stated in Any additional studies and reports (i.e. traffic, air quality, biological, archaeological, cuitural) are the responsibility of the client. If required, DPSI can coordinate obtaining consultant proposals 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 Client will be responsible for providing the subsurface utility location information and for Itis assumed that the client will provide all applicable environmental clearances required for the project. Any studies or reports required for clearances are the responsibility oft the client. Allr 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.  onat time and materials basis with prior written authorization from client.  handled under an Additional Services Agreement. coordinating any relocation if necessary.  4th Street Design 1240463  Page 12    EPSI DIVERSIFIED! PROJECT SERVICES INTERNATIONAL  The client will communicate any design, budgetary, or scheduling criteria or constraints prior to work commencing and provide timely input and responses throughout the course oft 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 Structural engineering, including calculations, retaining walls, and foundation design, is not included in the scope of this proposal but can be handled under an Additional Services Permit fees are unknown and not included. If requested by client, DPSI will handle permit fee  management of the review process.  Agreement.  payment and invoice for this service witha 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/QSPservices As-built plans Construction inspection services Structuralengineering  FEE SUMMARY DESCRIPTION. TASK1 TASK2 TASK3  FIXED FEE $4,635 $130,705 Asn needed TOTAL $135,340  PROJECT MANAGEMENT DESIGN CONSTRUCTION SUPPORT  The fees stated above are based on non-prevailing wage rates, except for those classifications required for the geotechnical investigation and the field survey work which are based on Reimbursable expenses, including but not limited to reproduction costs, are in addition to the  prevailing wage rates. fees quoted above.  4th Street Design 240463  Page 13    EPSI DIVERSIFIED! PROJECT SERVICES INTERNATIONAL  TERMS AND CONDITIONS  This agreement consists of the scope of services, the following terms, and any exhibits or applicable documents attached. This agreement supersedes any and all prior negotiations, correspondence, or agreements either written or oral. Any changes to this agreement must be mutually agreed toi in writing. Itis is understood that all work done by DPSI for client will be performed in accordance with thet terms and conditions as stated in the agreement between the DPSI and City of Arvin dated. July 15, 2024. Ift the terms of this proposal are acceptable, please sign the following acceptance and return a copy, which will serve as our notice to proceed. Thei fees quoted in this proposal are valid for 60 days from this date. Ify youl have any questions or would like clarification on the scope of services or fees outlined above, please  do not hesitatei to contact us. We thank youf for this opportunity to offer our services.  Respectfully: submitted, d-Br Samuel D. Lux, PE Director of CivilEngineering  DIVERSIFIED PROJECT SERVICES INTERNATIONAL, INC.  4ths Street Design 240463  Page 14    EPS DIVERSIFIED! PROJECT SERVICES INTERNATIONAL  ACCEPTANCE OF TERMS AND AUTHORIZATION TO PROCEED  Proposal Date: Project Name:  September 16, 2024 4thStreet Design -A 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 ors shei is authorized to enter into this agreement.  City of Arvin  Diversified Project Services International, Inc.  Signature Print Name Title  Date  Signature Print Name Title  Date  Billing Email: Billing Address: Billing Code: Tasks Authorized;  (for electronic invoices) (if different than mailing address) (i.e. PO, AFE, NWA, etc.)  (Allt tasks authorized unless otherwise noted)  4th Street Design I 240463  Page 15    CITY OF ARVIN Staff Report  Meeting Date: November 12th, 2024  TO:  Arvin City Council Jeff. Jones, City Manager  FROM: Alex Ghazalpour, Chief ofl Police  SUBJECT: Aresolution ofthe City Council ofthe 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 int the smuggling ofi 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, lawenforcement 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-jurisdictiona. 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 inj prioritizing responses tol high-  risk vehicles.  FINANCIAL IMPACT:  Thet total cost ofthis project is as follows:  Year One $51,000 for the subscription service and $7,550 for infrastructure and installation for  at 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 ofthe subscription service. Ongoing maintenance and operational costs will be minimal and absorbed 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. Ift the City decides to noti renew the subscription after two years, the vendor will remove the cameras and related  within the current department budget.  infrastructure at no cost to the City. STAFF RECOMMENDATION: Staffrecommend the following actions:  Iti is recommended that the City Council authorize the use of AB33 funds to implement the Flock Safety Camera system in key areas within Arvin. This investment in advanced technology will enhance our department's capacity to prevent, investigate, and deter drug trafficking and other  serious crimes, fostering a safer community.  ATTACHMENTS:  1. Quote from Flock Safety Quote 2. Sole-Source Letter from Flock Safety    RESOLUTION NO. 2024-  A RESOLUTION OF THE CITY COUNCIL OFTHE 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 WHEREAS, the City Council ("Council") approved Ordinance 440 on February 7,2017, WHEREAS, Ordinance 440 allows the City to utilize single source purchasing ofs supplies, equipment, or services without completing the City's! bidding or proposal process ifthe supplier is determined that the vendor is the single source of the supplies, equipment, or services to be  made that only one vendor is found that provides the equipment; and  which amended the City's Municipal Code, Bidding Procedures Generally; and  provided  WHEREAS, staff has conducted due diligence and determined that Flock Group, Inc. is the only vendor available toj 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 OFTHE CITY OF ARVIN does hereby Section 1.1 Recitals. The above recitals are true and correct and are incorporated herein by 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  resolve, find, and order as follows:  this reference.  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 ofthel Purchase. Agreement. The City Manager is hereby authorized and directed to take any action necessary to carry out the purposes of this Resolution concerning the two-year subscription and related technology, installation, and use of  eighteen (18) cameras from Flock Group, Inc in the amount of $109,550.00.  Section 5. Effectiveness. This Resolution shall take effect immediately upon its adoption.    IHEREBY CERTIFY that the foregoing resolution was passed and adopted by the City Council of the City of Arvin at a regular meeting thereofheld on the 12th day ofl November 2024  by the following vote: AYES: NOES: ABSTAIN: ABSENT:  ATTEST JEFF JONES, Deputy City Clerk  CITY OF ARVIN  By: DANIEL BORRELI, Mayor  APPROVED ASTOI FORM:  By:  NATHAN HODGES, City Attorney Hodges Law Group  I,  Deputy City Clerk of the City of Arvin, DO HEREBY  CERTIFY that the foregoing is a true and accurate copy oft the Resolution passed and adopted by the City Council oft the City of Arvin on the date and by the vote indicated herein.    fYock safety Budgetary Quote  This document! Ist fori Informational purposes only. Pricing! Iss subject to change.  Bill1 To: 200 Campus Dr Arvin, California 93203 Billing Company! Name: CA-ArvinPD Billing Contact Name: Billing EmailA Address: Billing Phone: Hardware and Software Products Annualr recurring amounts over subscription term  Ship To: 200 Campus Dr Arvin, California 93203  Subscription" Term: 241 Months Payment Terms: Net 30 Retention Period: 30 Days  Billing Frequency: Annual Plan - First Year Invoiced at  Signing.  Item Flock: Safety Platform Flock Safety Flock OS FlockoS TM. Essentials Flock Safety LPRI Products Flock Safety Falcon @-  Cost Included Included  Quantity  Total $51,000.00 Included Included  17  Professional Services and One Time Purchases  ltem One Time Fees  Cost $650.00 $150.00  Quantity 10 7 Subtotal Year 1: Annual Recurring Subtotal: Estimated Tax: Contract Total:  Total $6,500.00 $1,050.00 $58,550,00 $51,000.00 $0.00 $109,550.00  Flock Safety Professional Services Professional Services- Standard Implementation Fee- Professional Services Existing Infrastructure Implementation Fee-  Taxes showna above are provided as ane estimate.. Aclual taxes are the responsibility of the Customer. This isr nota ani invoice- this document is a non-binding proposal  fori informational purposes only. Pricingi is subject to change.    Billing Schedule Year1 AtC Contract Signing Annual Recurring after) Year1 Contract Total  Amount (USD) $58,550.00 $51,000.00 $109,550.00  *Taxr noti included    Product and Services Description  Flockos Features FlockoS TM- Essentials Flock Safely Falcon@ @-  Description  Ani integrated publics safety platform that detects, centralizes and decodes actionable evidence to Law enforcement gradei infrastructure-free (solar power + LTE)! license plater recognition camera with Vehicle Fingerprint TM technology (proprietary machine learing software) and real-time alerts One- time Professional Services engagement. Includes site ands safetya assessment, camera selup and testing. ands shipping and handlingi in accordance witht thel Flock Safely Standard One-time Professional Services engagement. Includes site ands safety assessment ofe existing accordance with the Flock Safety Standard Implementation Service Brief.  increase safety, improve efficiency, and connect the community.  for unlimited users. Implementation Service Brief.  Professional Services- Standard Implementation Fee-  Professional Services- Existing! Infrastructure Implementation Fee- vertical infrastructurel localion, camera setup and testing, ands shipping and handling in  FlockoS Features & Description FlockoS Features Community Network Access Unlimited Users  Descriplion  The abilityt tor request direct access tof feeds from privately owned Flock Safety Falcone LPR camerasi locatedi in neighborhoods, schools, andl businesses iny your community, significantly Allows agencies tol ldok upl license plates ona allo cameras optedi into the Flock Safetyr network Witht the vast Flock Safety sharingr network, lawe enforcement: agencies nol longer have tor rely on just their devices alone. Agencies canl leverage ar nationwide system boasting 10b billion additional plate reads perr montht loa amplify the potential toc collect vital evidence inc otherwise dead-end The ability tor request direct access toe evidence detection devices from Law Enforcement Search full, partial, and temporary plates byt time atp particular devicel locations Look ups specific license platel location history captured on Flock devices Search footage using Vehicle FingerprintrM technology. Access vehicle type, make, color, license plate stale, missing/ /covered plates, and other uniquef features like bumper stickers, decals, and Reporting tool tol helpa administrators managet their LPR program wilh device performance data, user andr network audits, plate read reports, hotl lista alertr reports, event logs, and outcome reports. Map-basedi interfacet that consolidates all data streams and the locations ofe each connected asset, enabling greater situational awareness: and ac common operating picture. Receive automated: alerts when vehicles enteredi into established databases forr missing and wanted persons are detected, includingt the! FBI's National Crime Information Center (NCIC) and National Center for Missing Bamp; Exploited Children (NCMEC) databases. Ability to add as suspect's license plate toac custom lista and get alerted wheni itp passes! byaF Flock  increasing actionable evidence that clears cases. Unlimited users forf FlockoS within your state. investigalions.  State Network (License Plate Lookup Only) Nationwide Network (License Platel Lookup Only) Law! Enforcement Network Access Time & Location Based Search License Platel Lookup Vehicle Fingerprint Search Insights & Analytics ESRI Based Mapl Interface  agencies outside ofy yourj jurisdiction.  roofr racks.  Real-Time NCIC Alerts onF Flock ALPR Cameras Unlimited Custom Hotl Lists  camera    fi'ock safety  October 23, 2024  2024 Sole Source Letter for Flock Safety@ Public Safety Solutions  Flock Safetye LPR Video Cameras  Flock Safety@ is the sole manufacturer, developer, and distributor of the Flock Safety CondorTM  and Flock Safety' Winge license plate recognition ("LPR") video cameras.  Flock Safety CondorTM Fixed  Fixed, live, and record video ideal for building exteriors and city streets 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 Improves safety with live and recorded video for enhanced situational awareness and  Available with AC or solar power  camera network set-up, installation, or up-keep  case clearance Flock Safety CondorM PTZ intersections or parks  Live and recorded video with remote PTZ controls ideal for open areas such as Subscription-Dased 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- Improves safety with live and recorded video for enhanced situational awareness and  up, installation, or up-keep case clearance Flock Safety' Winge  Allows customers to easily integrate third-party LPR and video cameras into FlockOSe Ability to apply computer vision to third-party cameras, transforming them into evidence capture devices using the same Vehicle Fingerprinte technology offered on the Flock Safety Falcon@ automated license plate recognition ("ALPR") cameras Flock Safety Winge 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  for a seamless workflow    fiock safety  Manage various government intelligence including ALPR, livestream cameras, computer-aided dispatch ("CAD"), automatic vehicle location ("AVL") on Flock Safety Ability to access live and recorded video using Flock Safety CondorTM  Winge suite  The Flock Safetye LPR video cameras listed above are the only Law Enforcement Grade LPR video cameras to offer the following combination of proprietary features:  Vehicle Fingerprint Technologye  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 al license plate Ability to' "Save Search" based on description of vehicles using Flock's patented Vehicle Fingerprint Technologye without the need for a license plate, and set up 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  alerts based on vehicle description vehicle attributes in the uploaded photo  Integrated Cloud-Software & Hardware Platform  Besti in class ability to capture and process up to 30,000 vehicles per day with a Wireless deployment of solar powered license plate reading cameras with integrated cellular communication weighing less than 5lbs and able to be Web based footage retrieval tool with filtering capabilities such as vehicle color, vehicle type, vehicle manufacturer, partial or full license plate, state of license Utilizes motion capture to start and stop recording without the need for a Motion detection allows for unique cases such as bicycle capture, ATV, On device machine processing to limit LTE bandwidth consumption Alli images and metadata is encrypted throughout its entire lifecycle from on- device to storage in Flock's US-based CJIS-compliant cloud Covert industrial design for minimizing visual pollution  single device powered exclusively by solar power powered solely by a solar panel of 60W or less  plate, and object detection reflective plate motorcycle, etc.  Cloud storage ofi footage  Transparency & Ethical Product Design    fiock 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 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  the Flock Safetye system  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 Winge LPR video camera, transforming them into evidence capture devices using the same Vehicle Fingerprinte technology offered on the Flock Safety Flock Safety Winge 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' Winge suite Ability to access live and recorded video using Flock Safety CondorM,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.  Falcone ALPR cameras  Situational Awareness  FlockOSe is the world's first and only public safety operating system compatible with Flock Safetye LPR video cameras, including Flock Safety CondorM live streaming fixed and Flock Safety CondorTM 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 FlockOSe ESRI-based map FlockOSB features Flock Safety8 unique Real-Time Routing feature that analyzes various data sources to determine where a suspect vehicle has been and its' direction oft travel providing users with possible outcomes based on a  confidence threshold    fi'ock safety  Warranty & Service:  Lifetime maintenance and support included in subscription price  Flock Safetye is the only fully integrated ALPR one-stop solution from production Performance monitoring software to predict potential failures, obstructions, tilts,  of the device to delivery and installation and other critical or minor issues  Partnerships  Flock Safetye is the only LPR provider to officially partner with Axon@ to be Flock Safetye is the only LPR provider to bet fully integrated into a dynamic network of Axon Fleet@ 3 mobile ALPR cameras for patrol cars and Flock 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  natively and directly integrated into Evidence.come  Safety's Falcon@ cameras  cost  Thank you,  Garrett Langley CEO, Flock Safetye  Wh    Flock Safety + CA - Arvin PD  Flock Group inc. 1170 Howell Mill Rd, Suite 210 Atlanta, GA 30318 MAIN CONTACT: Jake Sherman jake: nerman@locasaey.com 8187467444 Created Date 10/31/2024 Expiration Date: 11/27/2024 Quote Number: Q-110542 PO Number:  f'ock safety    CITY OF ARVIN Staff Report  Meeting Date: November 12, 2024  TO:  Arvin City Council Jeff. Jones, City Manager  FROM: Megan Miller, Human & Community Resources Manager  SUBJECT: Approval ofTransportation Manager Jobl 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 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 toi 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 aj pay increase. The item was tabled to bring The assessment of1 local municipalities is difficult as: many local cities utilize a county transit service or are. not similar inj 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 thej proposed employment agreement. With that, The. Arvin Transit Department is unique in many ways with the dial a ride. The service. has ridership of3,237 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 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.  and departmental oversight needs rise, respectively.  back with more detail on increase.  we are arguably within market value for Kern County.  otherwise.    The route to Bakersfield, is ai main vein for transportation hub from Arvin to nearly anywhere. The downtown stop allows accessibility to Greyhound, GET bus and many local transportation The Transit Department completes 100 routes resulting in over 100,000 miles per year. This department's performance is crucial to meet the needs oft 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, The Transportation Manager is now overseeing the maintenance of the city's entire fleet of approximately 35 vehicles, spanning across four departments. The addition ofthis team member is projected to see an average monthly savings of $2,000.00 per month and affords the city Ins summary, the incumbent in this position has been with the City since 2013. He has streamlined the program, supported, andi 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 of21% in increases. The 21% is made up oftwo 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  services, The stop is also walking distance to the Amtrak station.  has continued to operate incident free.  dedicated resource for City staff to go to for vehicle maintenance needs.  parity, the employment agreement yields an increase of 19%.  STAFF RECOMMENDATION:  The recommendation to approve the Transportation Manager job description and employment  agreement.  FINANCIALIMPACT:  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 aresult, minimal impact to general plan as alternative funding sources are available.  ATTACHMENTS:  Transportation Manager Employment Agreement Transportation Manager Jobl Description    AGREEMENT NO. 2024-  TRANSPORTATION MANAGER EMPLOYMENT AGREEMENT This Employment Agreement ("Agreement"): is made and entered into and effective on the 12th day ofl 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 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  the City's Transportation Manager under the criteria established by the City; and  Manager; and  WHEREAS, the position of Transportation Manager is an "at will" position, not subject WHEREAS, iti isi in the City's besti interest at thist 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.  to the City's personnel rules; and  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 2. HIRE. City acknowledges Employee has served as the Transportation Manager of the City of Arvin since June 3, 2013. By way of this Agreement City and Employee seek to formalize such employment, effective November 12, 2024, ("Effective Date"): pursuant to the terms and conditions of this Agreement. Employee shall remain in the exclusive hire of City during the term of this Agreement and shall neither accept other employment nor become employed by any other employer until the end of the' Term or earlier termination 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  herein verbatim,  of this Agreement.  Page 1 of22  TRANSPORTATION MANAGER EMPLOYMENT AGREEMENT    interest in continued employment, or any due process property right to a hearing before or after a decision by the City Manager to terminate his employment, including any terminate so-called due process pre-disciplinary "Skelly" meeting, except that the City must Employee in the manner set forthi in Section 71 below. Nothing contained in this Agreement shall in any way prevent, limit, oI otherwise interfere with the right ofthe 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 ofl Employee to resign at any time from this position with City, subject only to the provisions set forth in Section DUTIES. TRANSPORTATION MANAGER. Employee accepts employment with the 4. 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 andj proper as required by law and as the 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 and potentially responsibilities to the City. Additionally, Employee shall not undertake any Outside 5. TERM. Except as hereinafter described, the term ofthis Agreement shall bei for two years  7ofthis Agreement.  City Manager shall assign from time to time.  otherwise  "Outside Employment"), which is actually or  compensation in conflict or  with or (together inimical to, or which materially interferes with, his duties  Employment except with the consent of the City Manager.  commencing on the Effective Date. 6. - SALARY AND BENEFITS. Employee' salary services called for under this Agreement shall be as follows:  and other benefits for all work or  Commencing on the Effective Date, Employee's annual salary shall be in the A. Salary. of $97,000.00 which shall be paid according to the payroll schedule in place amount forall City Employees. Employee shall be eligible for a merit-based pay increase upt to 5% of his annual salary after successfully completing 1 year of service awarded following at the performance evaluation. Such a merit-based salary increase shall be  discretion of the City Manager. under this Agreement,  The compensation set forth in this section shall be Employee's total compensation  and Employee  shall not be eligible for any other benefits or  compensation not specifically provided for in this Agreement.  ofTransportation Manager is exempt under the Fairl Labor Standards Act  The position therefore, no overtime pay will be paid to Employee based on hours worked.  and,  B. Paid Time Off ("PTO"). VACATION  Page 2of22  TRANSPORTATION MANAGER EMPLOYMENT AGREEMENT    Carry over of existing leave balances at the date of employment agreement approval. Employee shall accrue 6.15 hours of vacation leave per pay period during the term of this Agreement, resulting in 160 hours per year. Employee shall be entitled to accrue vacation leave not to exceed three hundred twenty (320) hours accrued vacation. Should Employee reach the accrual limit, accrual will cease until such time as the Employee's accrued number ofhours falls below the! limit. Employee is allowed to cash Carry over of existing leave balances at the date of employment agreement approval. Employee shall accrue 3.691 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 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  in once per year but must keep minimum bank of 80 hours.  SICK  of8 80 hours.  PERSONAL BUSINESS DAYS  forfeited. PBDI have no cash out value.  .H Holiday and Other Leaves. Employee shall receive the same leaves, holidays, and 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 E. Term Life Insurance. The City shall pay the premiums for ai term life insurance policy int the amount of$50,000.00. Employee shall name thel benefiçiary oft the life insurance policy, provided said beneficiary has and maintains an insurable interest of the F. Cell Phone Allowance. City shall provide Employee with cell phone allowance of G. Public Employees' Retirement System (Pers) And Social Security. Employee shall be provided California Public Employees' Retirement System ("CalPERS") benefits. CalPERS 2% at 62, Employee is al PEPRA: member. City and] Employee shall eachl bear their own member/employee or employer contributions during the term of this Agreement. City and Employee shall each pay one half oft the payments due to Social H. Changes in Benefits. Employee acknowledges that the City Council may from time to time revise the Non-Represented Salary Resolution, which may change the level of TRANSPORTATION MANAGER EMPLOYMENT AGREEMENT  other time off as provided to other managers at the City.  the benefit provider.  employee.  $150.00 per month.  Security and Medicare during the term oft this Agreement.  Page3of22    compensation (exclusive of] Employee's base salary) or benefits] provided tol Employee. Ins such event, amendment ofthis Agreement shall not bei required, and Employee eshall be provided benefits according to the Non-Represented Salary Resolution then in effect. Furthermore, revision to the Non-Represented Salary Resolution such that it changes the benefits provided in this Section 6 shall not be deemed a breach of this  Agreement.  7. TERMINATION. Upon appointment to the Transportation Manager position, Employee remains an at-will employee serving at the under the direction of the City Manager and 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 ofofficial duties, including but not be limited to any of the following: - 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. Ai 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 ofl 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 priort to terminating this. Agreement "for cause." iii. Conviction of any felony, or for any misdemeanor involving moral turpitude, corruption, or dishonesty. "Conviction" shall include any guilty plea, plea of nolo contendre, or any other disposition other than a dismissal of charges or acquittal. City is not required to wait until Employee has exhausted any appeal rights priort tot terminating this Agreement "for cause."  may be terminated as follows:  iv. Employee' death.  V. Employee' permanent disability ifs 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 oft this Agreement;  vii. Willful or persistent material breach of duties;  Page 4 of22  TRANSPORTATION MANAGER EMPLOYMENT AGREEMENT    viii. Résumé fraud or other acts ofmaterial dishonesty;  ix. Unauthorized absence or leave  X. Violation oft the City'santi-barassment policies and/or a: finding that legally prohibited personal acts of harassment against a City official or employee orl legally prohibited personal acts of discrimination against a City official xi. Violation of the City's Municipal Code, Ordinances, Rules, and Regulations, including but not limited to the City's Personnel Rules  or employee has occurred,  xii. Use or possession ofi illegal drugs,  xiii. "Abuse ofoffice or position" as defined in Government Code $53243.4(.e., waste, fraud, and violation oft 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 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 ifi necessitated by changes to statutory orr regulatory requirements, ori ifdoing sO will preclude a violation of State, Federal C.R 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  administrative leave until resolution.  or local law.  set forth in Section 5.  Page 5 of22  TRANSPORTATION MANAGER EMPLOYMENT AGREEMENT    F. Termination Obligations. Employee agrees that all property, including, without limitation, all equipment, Confidential Information (as defined below), documents, records, notes, contracts, and computer-generated materials furnished to or prepared by his incident to his employment belongs to City and shall be returned promptly to City upon termination of Employee' employment. Employee' obligations under this subsection shall survive the termination ofl his employment  and the expiration oft this Agreement.  - 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. Confidential Information as defined includes, but is not limited to, all data, materials, products, technology, computer programs, specifications, manuals, business plans, software, marketing plans, financial information, internal processes and procedures, and other information disclosed or submitted, orally, in writing, or by any other media, to Employee by City. Nothing herein shall require City to disclose any of its information to Employee. During his employment with City, Employee shall use and disclose Confidential Information only for the benefit of City and as is, or may be, necessary to perform hisj 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.  The severance pay will be in addition toj pay accrued, but not remitted, prior to the notice oft 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 oft this Agreement. Employee expressly waives any and all other rights withi 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 ofliability coverage then in effect. Any and all severance rights are conditioned upon and in consideration for execution of the Standard  Page 6 of22  TRANSPORTATION MANAGER EMPLOYMENT AGREEMENT    Agreement of Separation, Severance, and General Release" attached hereto in  form only as Exhibit"B."  8. INDEMNIFICATION. City shall defend, save. harmless and indemnify Employee from any and all demands, claims, suits, actions, or other legal proceedings ("Claims") brought against hisi in his individual capàcity ori 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 ori 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 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 A. Written Summary. The City Manager may, at his/her sole discretion, elect to provide a written summary ofeach performance evaluation tol Employee within two (2)V weeks following the conclusion oft the review and evaluation process. B. No Grievance or Appeal. Grievance or appeal of performance evaluations is not permitted. Employee may, ifhe disagrees with aj 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.  prohibited by law.  evaluations at their discretion.  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 Mayor, City of Arvin 200 Campus Drive Arvin, California 93203  Employee Hesham Elshazly 200 Campus Drive Arvin, California 93203  Either party may change his ori 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, ori inducements, no matter their form, concerning the subject matter of this Agreement. No subsequent agreements, promises, representations, or inducements will be binding unless recorded in a written document, which specifically references TRANSPORTATION MANAGER EMPLOYMENT AGREEMENT  Page 7 of22    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 al breach ofthis Agreement or seeks to enforce 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 orinterpretation C.S 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 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 tol Employee, assign its rights 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 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 oft 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 I. Counterparts. This Agreement may be executed in counterparts and the respective signature pages for each party may thereafter be attached to the body oft this Agreement to constitute one integrated Agreement which is as fully effective and binding as ifthe 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 employmenti relationship under  its terms, provisions, obligations, or as compelled by law.  ofany oft the terms or provisions oft this Agreement,  full force and effect.  and obligations hereunder.  of California for the County of] Kern.  reasonable attorneys' fees, costs, and all other litigation costs.  entire document had been signed at one time.  the circumstances described in the: statutes:  Page 8 of22  TRANSPORTATION MANAGER EMPLOYMENT AGREEMENT    a. Government Code section 53243 states that on or after January 1, 2012, any contract executed or renewed between a local agency, such as the City, and an officer or Employee ofa 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: ifthe officer or Employee is convicted ofa crime involving an abuse of 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 ofa crime involving an abuse ofhis or her office or position. Government Code section 53243.3 states that on or after. January 1,2012,ifalocal 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 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 oflaw, 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.  his or her office or position.  involving the abuse ofl his or her office or position.  Employee represents that hel 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 shalll be: fully: reimbursed to the local agency ifE 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 eachl 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 thereofi 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 ofe example and not in limitation, this Agreement shall not be construed in favor of the party receiving a benefit nor against the party responsible for any particular language in this Agreement. Captions are used for reference purposes only and should be ignored in the interpretation TRANSPORTATION MANAGER EMPLOYMENT AGREEMENT  Page 9 of22    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, 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 M. Binding Effect. Thei 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 numbero of counterparts, each of which 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).  waiver or estoppel.  ofthis Agreement and the intent oft the parties to this Agreement.  shall be considered as an original and be effective as such.  [Signature Page Follows]  Page 10 of22  TRANSPORTATION MANAGER EMPLOYMENT AGREEMENT    IN WITNESS WHEREOF, City has caused this Agreement to be signed and executed on its behalf by its City Manager and duly attested to by its City Clerk, and Employee has signed and  executed this Agreement, as of the date written below.  Dated:  CITY OF ARVIN  By:  JEFF JONES, CITY MANAGER  Dated:  EMPLOYEE By:  HESHAM ELSHAZLY  ATTEST: By:  DEPUTY CITY CLERK  APPROVED ASTO FORM:  By:  NATHAN M. HODGES, ESQ. CITY ATTORNEY  Attachments:  Exhibit "A": Transportation Manager Jobl Description Exhibit "B": Severance Agreement  Page 11 of22  TRANSPORTATION MANAGER EMPLOYMENT AGRBEMENT    Exhibit "A"  Transportation Manager Job Description  Page 12 of22  TRANSPORTATION MANAGER EMPLOYMENT AGREEMENT    City of Arvin  TRANSPORTATION MANAGER  DEPARTMENT: FLSASTATUS: UNIT: GRADE: JOB SUMMARY  FINANCE EXEMPT  UNREPRESENTED, MID-MANAGEMENT  Under general direction, manages, coordinates, and directs staff and activities involved in providing quality transportation services and programming toi 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 ini 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 ESSENTIALI FUNCTIONS (llustrative 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 Plans, develops and oversees the work of staffi involved in the performance of duties related Evaluates operations and activities of the City's Transportation division program; implements improvements and modifications; prepares various reports on operations and 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 Develops short- and long-range objectives that are in concert with operational objectives  procedures.  tot the City'sTransportation division; ensures in-service hours are met.  activities.  coordinates training; recommends discipline procedures.  and regulatory requirements.    Transportation Manager Page 2of4  Coordinates and maintains records related to drivers' training and the operation and 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; Oversees drug testing for employees and drug testing program for Transit Department; submits drug testing reports to the California Department ofTransportation. 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  maintenance of vehicles.  applies for Federal Communications license for radios. Schedules annual CHP inspections; meets with Officer in charge.  required.  Regular and timely attendance. Performs other duties as required. MINIMUM QUALIFICATIONS  Sufficient experience and education to demonstrate the knowledge and skills listed and to perform the essential duties is required. A typical way ofobtaining the required qualifications is: Equivalent to a four (4) year degree from an accredited college or university with major course work in transportation management, public or business administration, ora a related field.  Education:  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: Knowledge of:  Valid California driver's license and a satisfactory drivingrecord.  Principles and practices oft 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. Pertinent federal, state and local laws, codes, and regulations.  Budgeting procedures and techniques. Principles and practices of work safety.  Principles and practices of effective employee supervision including selection, training, evaluation, and discipline, team building and employee empowerment programs.    Transportation Manager Page 3 of4  Office procedures, methods, and equipment including computers, all Microsoft Office 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 al high level of customer service to the public and City staff, in  applications, and other relevant software applications.  person and over the telephone.  Abilityt 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 thej job. Supervise, organize, schedule, and review the work of lower level staff. Train and evaluate assigned staff. based on surrounding circumstances.  Analyze situations correctly and adopt quick, effective, and reasonable courses of action 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. Prepare clear, concise, and complete reports, presentations, correspondence and other  Interpret and apply policies, procedures, and rules to assigned personnel. Communicate clearly and effectively, both orally and in writing. Understand and comply with oral and written instructions.  related documents.  Provide high quality customer service.  Establish and maintain effective workingrelationships with those contacted in the course of  work.  WORKING CONDITIONS  The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. Work is performed primarily in the office in an air-conditioned office environment with natural and fluorescent lighting and moderate noise level and occasionally in the field in all weather conditions, exposed to fumes, odors, and loud noise levels. Employees may interact with upset members of the public and private representatives and contractors in interpreting and enforcing departmental policies and procedures. May be required to work a varied schedule which could include off-hours, weekends, and on-call. Must possess mobility to work in the field and in a standard office setting and use standard office equipment, including a computer, to operate a motor vehicle and drive on surface streets. Must possess vision to read printed materials and a computer screen, and hearing and speech to communicate in person and over    Transportation Manager Page4of4  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  Page 13 of22  TRANSPORTATION MANAGER EMPLOYMENT AGREEMENT    AGREEMENT OF SEPARATION, SEVERANCE, AND GENERAL RELEASE  1. PARTIES  This Agreement of Separation, Severance, and General Release (hereinafter referred to as the City of Arvin, a municipal corporation ("City" herein), and Hesham Elshazly ("Employee"  the "Agreement") is entered into effective this day of  by and between  herein). 2. RECITALS  2.1 Employee was hired by the City as an at-will Transportation Manager effective on or about to a written Employment Agreement, a copy of which is attached hereto as Exhibit 41"  serving at the pleasure ofthe oft the City Manager oft the City pursuant  ("Employment Agreement"). Employee is currently. years old.  2.2 On or about  20 the City provided Employee with al Notice ofTermination  without Cause (or the Employee provided the City a letter of resignation, wherein Employee informed the City ofhis intent to resign.) Pursuant to the Notice ofTermination (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 ofa 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 the full and complete terms and conditions concluding Employee's employment relationship with the City and any obligations related thereto, including any provided under 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 of1996 ("HIPAA"), and ofl his rights under the Age Discrimination in Employment Act, and the  Transportation Manager as ofthe the Employment Agreement.  day of  20 This Agreement sets forth  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/penelits owed to Employee upon separation of employment, as required by state, federal or municipal law or any other Agreement with the City.  Page 14 of22  TRANSPORTATION MANAGER EMPLOYMENT AGREEMENT    3.2 In exchange for the waivers and releases set forth herein, the City shall cause to be paid to Employee an additional compensatory payment as severance pay by means ofa lump sum payable to Employee to be mailed tol 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 3.3 In exchange for the severance payment provided for herein, Employee, and on behalfof Employee's Spouse, heirs, representatives, successors, and assigns, hereby releases, acquits, and forever discharges the City, and each ofi 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 rreferred 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 oft 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 Codess 12, 900 et seq., the Americans With Disabilities Act, Title VII of the Civil Rights Actof1964, the Public Safety Officers Procedural Bill ofRight 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 ofany 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  payment of_  ($  as set forth ini in thei form ofa check made  state and federal withholdings as determined appropriate by the City.  Page 15 of22  TRANSPORTATION MANAGER EMPLOYMENT AGREEMENT    Employees, ifany, including but not limited to Government Code Sections  Sections 995-996.6.  825-825.6and  4. SPECIFIC ACKNOWLEDGMENT OF WAIVER OF CLAIMS UNDER ADEA  OWBPA  AND  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  with respect to the nature and privileges of an individual's  discriminate (1990))  individual is  employment on the basis that the  age forty (40) or older, The Older Workers Benefit Protection Act  referred to as the "OWBPA,"29 U.S.C. $ 626, et, seq., Pub L 101-433, 104 Stat. 978 (hereinafter further augments the ADEA and prohibits the waiver ofa any right or claim under the they waiveri is knowing and voluntary. By entering into this Agreement, Employee ADEA, unless that Employee knowingly and voluntarily, forj just compensation in addition to acknowledges tos which Employee was already entitled, waives, and releases any rights he anything under of value  ADEA and/or OWBPA. Employee further acknowledges that understands, pursuant to the provisions ofthe ADEA and  may have  the  Employee has been advised 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 '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 ADEAOWAPAmlavialere discrimination c) Employee is entitled to a reasonable time of at least twenty-one (21) days within which review and consider this Agreement and the waiver and release of any rights may have under the ADEA, the OWBPA and similar age discrimination the exercise of Employee's own discretion, sign or reject this Agreement at laws; time may, before in  laws;  toi but Employee any  the expiration of the twenty-one (21) days;  The waivers and releases set forth in this Agreement shall not apply to any that may arise under the ADEA and/or OWBPA after the Effective rights Date of this  or claims  Agreement;  e) Employee has been advised by this writing that Employee should consult with an  prior to executing this Agreement;  attorney  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 g) Employee has seven (7) days following Employee's execution of this  within which to review and consider this Agreement;  time  revoke the Agreement;  Agreement to  Page 16of22  IRANSPORTATION MANAGER EMPLOYMENT AGREEMENT    h) Notice of revocation within the seven (7) day revocation period must be provided, in writing, to the City pursuant to Paragraph 8.9 herein, and must state, "TI hereby revoke my This Agreement shall not be effective until all parties have signed the Agreement and ten (10) days have passed since Employee's execution ofs same ("Effective Date").  acceptance of our Agreement of Severance and General Release;" and  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 WHICHTHE CREDITOR DOES NOT KNOW ORSUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICHI IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."  Employee hereby waives the protection of California Civil Code section 1542.  6. - WAIVER OF ADDITIONAL CLAIMS  Employee hereby waives any provisions of state or federal law that might require a more detailed specification of the claims being released pursuant to the provisions of Paragraphs 3,4,  and 5 above.  7. REPRESENTATIONS AND WARRANTIES  Each of the parties to this Agreement represents and warrants to, and agrees with, each 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 oft 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 oft the contents of this Agreement and ofits legal effect. 7.2 No Fraud in Inducement: No party (nor any officer, agent, employee, representative, or attorney of or for any party) has made any statement or representation or failed to make any statement or representation to any other party regarding any fact relied uponi in entering into this Agreement, and neither party relies upon any statement, representation, omission  other party as follows:  Page 17 of22  TRANSPORTATION MANAGER EMPLOYMENT AGREEMENT    or promise of any other party in executing this Agreement, or in making the settlement 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 7.4 Mistake Waived: In entering into this Agreement, each party assumes the risk of any mistepresentation, concealment, or mistake. Ifany party should subsequently discover that any fact relied upon by iti 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 reliefin 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 isi intended tol be, and is, final and binding between the parties, regardless ofany claims of misrepresentation, promise made without the intent to perform, concealment of fact, mistake of fact orl law, or any other circumstance whatsoever. 7.5Later Discovery: Thej 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 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 toi thej provisions oft this Agreement. Employee understands and agrees that Employee shall be exclusively liable for thej 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 ofthis Agreement. In addition, Employee agrees fully toi indemnify and hold the City Parties harmless forj payment oft tax obligations as may bei required by any federal, state, or local taxing authority, at any time, as a result of the payment oft the consideration 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 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 byl Employee during the course of Employee's employment with the City shall be provided by Employee to the Finance  provided forl herein, except as expressly stated in this Agreement.  thereto, as it deems necessary.  any additional or different claims or facts relative thereto.  set forth in Paragraph 3 ofthis Agreement.  this Agreement.  Director or designee.  Page 18 of22  TRANSPORTATION MANAGER EMPLOYMENT AGREEMENT    7.9 No Pending Claims and/or Actions: Employee represents that Employee has not filed any complaints or charges against the City or the City Parties with any local, state or federal agency or court; that Employee will not do sO at any time hereafter for any çlaim 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 ofClaims: Employee represents and warrants as aj material term ofthis 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 ofthis 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 iti 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 behalfof the respective parties have actual authority to execute this Agreement and, by doing SO,  bind the party on whose behalf this Agreement has been signed.  7.13  Unemployment: Nothing in this Agreement shall limit Employee'sability to apply  for unemployment benefits.  8. MISCELLANEOUS  8.1 No Admission: Nothing contained herein shall be construed as an admission by the City ofany liability ofany 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 oft the parties shall be construed and enforced in  accordance with, and governed by, the laws oft the State ofCalifornia.  Page 19 of22  TRANSPORTATION MANAGER EMPLOYMENT AGREEMENT    The Parties agree that the exclusive jurisdiction for any legal proceeding arising out ofor relating to this Agreement shall be the Kern County Superior Court and all Parties hereby 8.3 Full Integration: This Agreement ist the entire Agreement between the parties withi respect to the subject matter hereofand supersedes all prior and contemporaneous oral and written Agreements and discussions. This Agreement may be amended only by a further 8.4 Continuing Benefit: This Agreement is binding upon and shall inure to the benefit ofthe parties hereto, their respective agents, spouses, employees, representatives, officials, 8.5 Joint Drafting: Each party agrees that it has cooperated in the drafting and preparation of this Agreement. Hence, in any construction tol be made ofthis Agreement, the parties agree 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 ini no way affect any other term, covenant, condition, provision or Agreement and the 8.7 Titles: The titles included in this Agreement are for reference only and are: not part ofits 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 ofthis Agreement, as well as anyi instrument contemplated in connection with this Agreement, may be affected by facsimile and/or electronic transmission, and in such event, copies of executed originals SO delivered may be used in place of, and shall 8.9 Notice: Any and all notices given to any party under this Agreement shall be given as provided in this paragraph. Ail 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  waive any challenge to personal jurisdiction or venue in that court.  Agreement in writing, signed by the parties hereto.  attorneys, assigns, heirs, and successors in interest.  that same shall not be construed against any party.  remainder oft this Agreement shall still be in full: force and effect. terms, nor do they in any way modify the terms oft this Agreement.  have the same force and effect as, the executed originals.  calendar days following deposit of the same int the United States mail.  City: City of Arvin City Hall 200 Campus Drive Arvin, California 93203  Employee: Hesham Elshazly Address set forth in Employee's Personnel  File.  Page 20 of22  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  Forl Employee (ifr represented):  By: Name: Title:  Page 21 of22  TRANSPORTATION MANAGER EMPLOYMENT AGREEMENT    EXHIBIT "1"  EMPLOYMENT AGREEMENT  Page 22 of22  TRANSPORTATION MANAGER EMPLOYMENT AGREEMENT    MB APPRAISALS  RESTRICTED APPRAISAL REPORT  PROJECT Multiple Vacant Parcels Multiple Locations Arvin, CA CLIENT City of Arvin 200 Campus Dr. Arvin, CA93203  Date of Valuation January 31, 2014 Date of Report February 3, 2014  Prepared by Michael Burger, MAI, RW-AC Michael Burger & Associates 4915 Calloway Dr., Ste. 101 Bakersfield, CA 93312  Appraisal File No.94-14    94-14 CITYOFARVIN Address 1 Millux & Commanche 2 Millux & Commanche 3 925 Varsity Rd 4 Varsity & Commanche 5 Bear Mountaln &A 6 Bear Mountain &A 7 4th &A 8 4th &A 9 4th&A 10 Bear Mountain &A 11 1441 1/2A Arvin Ave" 12 152 Arvin Ave* 13 129A Arvin Ave* 14 129 Arvin Ave** 15 129 Arvin/ Ave". 16 129 Arvin Ave** 17 129 Arvin Ave** 18 Jewett Square 19 Jewett Square 20 Jewetts Square 21 Jewett Square 22 Jewett SquareA 23 Jewetts Square 24 Jewett Square* 25 Jewetts Square" 26 Jewett Square* 27 Jewett Square" 28 1541 Bear Mountain 29 Sycamore &V Walnut 30 1035 Meyers St 31 8165 Sycamore  Lands Size Land Size  APN# 189-351-71 R-1 189-351-90 R-1,R-3 190-020-14 R-1PUD 190-020-38 R-1PUD 190-130-14 C-2 190-130-15 C-2 190-130-20 R-2 190-130-21 R-2 190-130-22 R-2 190-130-27 C-2 190-141-10 C-2 190-141-11 C-2 190-142-13 C-2 190-142-14 C-2 190-142-15 C-2 190-142-16 C-2 190-142-17 C-2 190-240-03 R-3PUD 190-250-03 C-2PUD 190-250-04 C-2PUD 190-250-05 C-2PUD 190-260-06 R-3PUD 190-260-08 R-3PUD 190-270-01 C-2PUD 190-270-03 C-2PUD 190-270-05 C-2PUD 190-270-06 C-2PUD 191-010-01 C-2 192-070-06 A-2 192-110-10 R-1 192-110-16 R-1  Zoning Sq.ft.  Acres Value/Sq.ft. Value/Acre Value  50.51 52.77 3.66 2.81 $ 7.00 $ 7.00 $ 2.30 $ 2.00 $ 2.30 $ 7.00 $ 3.00 $ 3.00 $ 8.00 $ 8.00 $ 8.00 8.00 S 8.00 3.61 $ 1.60 $ 4.00 $ 4.00 $ 4.00 5.67 $ 1.40 1.43 $ 1.80 $ 2.50 $ 2.00 $ 3.50 $ 2.00 > 7.00 2.73 $ 1.60 $ 2.25 $ 2.25  14,000 $ 708,540 14,000 $ 738,780 $ 24,000 $ 87,840 $ 24,000 $ 67,440 $ 115,500 $ 57,750 $ 20,125 $ 52,500 $ 20,125 $ 57,750 $ 16,875 $ 8,438 $ 25,000 $ 25,000 $ 25,000 S 25,000 $ 25,000 $ 251,603 $ 314,000 $ 348,484 $ 361,328 5 345,779 S 112,124 $ 24,100 $ 19,460 $ 121,961 $ 350,738 $ 161,000 $ 190,270 $ 18,934 $ 15,525 $4,711,969  16,500 8,250 8,750 26,250 8,750 8,250 5,625 2,813 3,125 3,125 3,125 3,125 3,125 157,252 78,500 87,121 90,332 246,985 62,291 9,640 9,730 34,846 175,369 23,000 118,919 8,415 6,900  *AIIF Roadwayi improvements: are noti inplace. Site areai is neto of Walnuta andF Fourth St. Appraiser estimated: sizes fort #'s24&25 ** These parcels arec develoed toa parkingl lot. Improvements werei installedi inz 20091 for $137,000or$ $4.38/sq.ft. Value shown  includes these sitei improvements  *** Improvements ons sitea are property of HallA Ambulance, whol leases thel land MAIIF Roadway improvements: arer noti inp place. Value considers sizer neto ofri right ofv waye easements,  * Subjecr farca    Michael Burger & Associates Real Estate Appraisal- -Consultation  February 3, 2014  City of Arvin 200 Campus Dr. Arvin, CA 93203  Re: FILE#94-14 Restricted Appraisal Report:  Multiple Vacant Parcels, Multiple Locations, Arvin, CA  Attention: Cecilia Vela, CMC Ladies and Gentlemen:  Ine execution of this appraisal assignment, I inspected the properties referred to above on January 31, 2014, in order to determine market value of the fee simple estate in the surface rights as of this date. In this regard, reference should be made to the valuation summary spreadsheet included in the Appraisal Addenda for a list of the properties This report conforms to FIRREA. No environmental site assessment was furnished. For purposes of this appraisal, it is assumed no hazardous-toxIcC material contamination has occurred. Therefore, the cost of clean-up, encasement or removal and its effect on The value conclusion is the result of a Restricted Appraisal Report, to which your attention is directed. As a matter of policy, we request that you bring to our attention any matters of concern, mistakes or erroneous assumptions we have made in this  appraised as well as their As-Is Values.  value, have not been considered.  assignment.  Sincerely, Mublng  Michael C. Burger, MAI, RW-AC CA Lic.#AG003817 Exp.5-17-14  MCB:ru    FILE #94-14 OWNER OF RECORD PROJECT PROJECTLOCATION  City of Arvin Multiple Vacant Parcels Multiple Locations Arvin, CA  ASSESSORS PARCEL NO. See attached spreadsheet  MAPI REFERENCE CENSUS TRACT TYPE OF APPRAISAL DATE OF INSPECTION EFFECTIVE DATE OF APPRAISAL INTEREST APPRAISED  Thomas Guide, Kern Co.:2442/E5  11.01  Restricted Appraisal Report January 31, 2014  January 31, 2014  Fee Simple Estate  PURPOSE/NTENDED USE Determine market value for internal purposes.  VALUE OPINION SCOPE  See Attached Spreadsheet  This Restricted Appraisal Report is intended to comply with reporting requirements set forth in Standards Rule 2-2b of the Uniform Standards of Professional Appraisal Practice (USPAP). As such, it does not include discussions of the data, reasoning, and analyses that were used in the appraisal process to develop the appraiser's value. Supporting documentation concerning the data, reasoning, and opinion of retained in the appraiser's file. All sale comparisons that were utilized in the analyses valuation is process are also retained in the appraiser's file. The rationale for how the arrived at the opinions and conclusions set forth in the report may not be understood appraiser properly without additional information in the appraiser's workfile. Due to the restricted nature of this report and abbreviated discussions, the report may not be understood This appraisal was requested by Cecilia Vela, City of Arvin. Ms. Vela answered The properties were inspected via drive-by inspections only on January is the effective date of this appraisal. It should be noted that APN's 190-141-10 31, 2014, and contain building improvements. However, the parcels are affected a ground lease 11 and the improvements are the property of the tenant and are given by no consideration. Pursuant to the client's request, no consideration is given the leased fee estate and only  properly without examining the appraiser's work file.  questions relative to property history.  which  Multiple Vacant Parcels Multiple Locations Arvin,CA  2    FILE #94-14  value of the underlying land is considered. Subsequent to inspection, further specifics relative to the site were investigated, to include flood hazard classification, utility availability, and zoning. Regional, area, and neighborhood trends are developed to As part of this appraisal, a number of independent investigations and analyses have been conducted. Market data, including land sales, rentals and improved sales have been verified and analyzed for applicable comparable data in the area. Data sources include public records, assessor's records, buyers/sellers, real estate appraisers, and The Cost, Income, and Sales Comparison Approaches were considered. As the properties consist of either vacant, or underlying land only, only the Sales Comparison Approach is applicable. The market data has been collected, confirmed, and analyzed. Comparable sales were chosen for their similar highest and best uses as outlined within the report. All comparables were analyzed and compared to the subject property based on their similarities and dissimilarities, and are retained in the appraiser's file. These approaches were considered and judged in reaching a final estimate of value.  support projections.  real estate agents.  INTENDED USE  This appraisal report is intended to determine market value for internal purposes. It has been prepared for the exclusive benefit of City of Arvin and persons specifically authorized by the client; state enforcement agencies and such third parties as may be authorized by due process of law; and a duly authorized Appraisal Institute peer review committee. It may not be used or relied upon by any other party. Any party who uses or relies upon any information in this report, without the preparer's written consent, does Inherent in the use of this restricted report format is the premise that the client, City of Arvin, is the only intended user of this appraisal. This report is not designed to be used or relied upon by anyone other than the client nor for any other function than that detailed herein. Reliance upon the information or conclusions indicated within the report by anyone other than the client or for any reason other than the indicated purpose is inappropriate and could be misunderstood. This appraisal is made subject to the definitions and assumptions and limiting conditions which are outlined in the  so at his own risk.  Addenda to this report. REASONABLE EXPOSURE TIME  Based on current market trends, interviews with real estate brokers and other professionals experienced in this property type, as well as my analysis of exposure times for comparable properties, reasonable exposure time is 6 months.  AREA ANALYSIS  The properties are all located within the community of Arvin. According to the U.S. Census Bureau, the most recent demographics for the City of Arvin are summarized as  follows: Multiple Vacant Parcels Multiple Locations Arvin, CA  3    FILE #94-14  Population Housing Status mhoumgumhumaunoha)  Population by Sex/Age  Total Population Total Occupied Owner-oooupled Population in owneroooupied (numbero ofindlduts) Renter-ocoupied Population In renter-ocoupled (numberc afindivduis) Households with individuals under 18 Vacant Vacant: for rent Vacant: forsale  19,304 Male Female Under 18 18&over 4,476 20-24 4,228 26-34 2,261 36.49 10,487 50-64 65 & over 1,967 8,488 orl 3,024 Hispanic Latino Non Hispanic orl Latino 248 100 58 White Afrioan Amerioan Asian Amerioan Indian and Alaska Native Native Hawailan and Paoific Islander Other Identified byt two ormore  10,033 9,271 7,422 11,882 1,739 2,934 3,545 1,878 986 17,892 1,412 10,247 192 156 240 6 7,865 809  Population! by Ethnicity Population! by Race  PROPERTY HISTORY  According to public records, the parcels have all been under the ownership of the City of Arvin for an extended period. They have not been listed or marketed for sale in the last  five years. RESTRICTIONS  AI preliminary title report was not available to the appraiser. No adverse easements or encroachments are evident, with confirmation by a current title report recommended.  TOXIC WASTE INFORMATION  An environmental site assessment has not been furnished or reviewed. For purposes of this appraisal, it is assumed no toxic-hazardous material contamination exists. Therefore, the cost of clean-up and its effect on value have not been considered.  FLOOD ZONE  F.E.M.A.Panel No.06029C2775E; Zone "A0," Special flood hazard areas subject to inundation by the 1% annual chance flood, flood depths of 1'to 3'; average depths determined. For areas of alluvial fan flooding, velocities also determined.  Utilities Arvin Community Services Dist. Arvin Community Services Dist. The Gas Co.  Street Improvements Concrete Concrete Concrete Asphalt  Water Sewer Gas  Curb Gutter Sidewalk Paving 4  Electricity So. Cal. Edison Multiple Vacant Parcels Multiple Locations Arvin, CA    FILE #94-14  HIGHEST AND BEST USE  APN's 190-141-10 and 11 contain building improvements relative- to the operation of Hall Ambulance, the tenant. This conforms to zoning and the surrounding neighborhood. Remaining parcels are vacant and contain either agricultural, residential or commercial zoning, as shown on the enclosed valuation summary spreadsheet. Development to uses allowed by zoning, upon demand, represents highest and best  use of the parcels.  METHOD OF VALUATION  According to "The Dictionary of Real Estate Appraisal, Fourth Edition," published by the Appraisal Institute, the three approaches utilized in property valuation are defined as  follows:  Cost Approach: A set of procedures through which a value indication is derived for the fee simple interest in a property by estimating the current cost to construct a reproduction of, (or replacement for), the existing structure, including an entrepreneurial incentive, deducting depreciation from the total cost, and adding the estimated land value. Adjustments may then be made to the indicated fee simple value of the subject property Income Capitalization Approach: A set of procedures through which an appraiser derives a value indication for an income-producing property by converting its anticipated benefits (cash flows and reversion) into property value. The conversion can be accomplished in two ways. One year's income expectancy can be capitalized at a market-derived capitalization rate or at a capitalization rate that reflects a specified income pattern, return on investment, and change in the value of the investment. Alternatively, the annual cash flows for the holding period and the reversion can be Sales Comparison Approach: A set of procedures in which a value indication is derived by comparing the property being appraised to similar properties that have been sold recently, then applying appropriate units of comparison and making adjustments to the sale prices of the comparables based on the elements of comparison. The sales comparison approach may be used to value improved properties, vacant land, or land being considered as though vacant; it is the most common and preferred method of land valuation when an adequate supply of comparable sales are available.  to reflect the value of the property interest being appraised.  discounted at a specified yield rate.  As already discussed, only the Sales Comparison Approaches is utilized in valuing the subject parcels. In this regard, all sales are retained in the appraiser's file. Based on  sales, the parcels are valued as follows:  Multiple Vacant Parcels Multiple! Locations Arvin, CA  5    FILE #94-14  Land Size  Land 50.61 52.77 3.66 2.81  Size Valuel Valuel Total  #  Address  APN#  Zoning Sq.ft. Acres Sq.Ft. Acre  Value  1 Millux & Commanche 189-351-71 R-1 2 Millux & Commanche 189-351-90 R-1,R-3 4 Varsity & Commanche 190-020-38 R-1PUD  $14,000 $708,540 $14,000 $738,780 $24,000 $87,840 $24,000 $67,440 $115,500 $57,750 $20,125 $52,500 $20,125 $57,750 $16,875 $8,438 $25,000 $25,000 $25,000 $25,000 $25,000 $251,603 $314,000 $348,484 $361,328 $345,779 $112,124 $24,100 $19,460 $121,961 $350,738 $161,000 $190,270 $18,934 $15,525  3 925 Varsity Rd 5 Bear Mountain &A A 6 Bear Mountain &A 7 4th8 &A 8 4th &A 9 4th &A 10 Bear Mountain & A 12 152 Arvin Ave*** 13 129 Arvin Ave** 14 129 Arvin Ave** 15 129 Arvin Ave** 16 129 Arvin Ave** 17 129 Arvin Ave** 18 Jewett Square 19 Jewett Square 20 Jewett Square 21 Jewett Square 22 Jewett SquareA 23 Jewett SquareA 24 Jewett Square* 25 Jewett Square* 26 Jewett Square* 27 Jewett Square* 28 1541 Bear Mountain 29 Sycamore & Walnut 30 1035 Meyer St 31 816 Sycamore  190-020-14 R-1PUD 190-130-14 C-2 190-130-15 C-2 190-130-20 R-2 190-130-21 R-2 190-130-22 R-2 190-130-27 C-2 190-141-11 C-2 190-142-13 C-2 190-142-14 C-2 190-142-15 C-2 190-142-16 C-2 190-142-17 C-2 190-240-03 R-3PUD 157,252 190-250-03 C-2PUD 78,500 190-250-04 C-2PUD 87,121 190-250-05 C-2PUD 90,332 190-260-06 R-3PUD 246,985 190-260-08 R-3PUD 62,291 190-270-01 C-2PUD 190-270-03 C-2PUD 190-270-05 C-2PUD 34,846 190-270-06 C-2PUD 175,369 191-010-01 C-2 192-070-06 A-2 192-110-10 R-1 192-110-16 R-1  16,500 8,250 8,750 26,250 8,750 8,250 5,625 2,813 3,125 3,125 3,125 3,125 3,125  $7.00 $7.00 $2.30 $2.00 $2.30 $7.00 $3.00 $3.00 $8.00 $8.00 $8.00 $8.00 $8.00 $1.60 $4.00 $4.00 $4.00 5.67 $1.40 1.43 $1.80 $2.50 $2.00 $3.50 $2.00 $7.00 2.73 $1.60 $2.25 $2.25  11 144 1/2 Arvin Ave*** 190-141-10 C-2  3.61  9,640 9,730 23,000 118,919 8,415 6,900  AlII Roadway improvements are not in place. Site area is net of Walnut and Fourth St. Appraiser ** These parcels are developed to a parking lot. Improvements were installed in 20091 for $137,000or *** Improvements on site are property of Hall Ambulance, who leases the land AIIE Roadway improvements are noti in place. Value considers size net of right of way easements.  estimated sizes for #'s 24&25  $4.38/sq.ft. Value shown includes these site improvements  Multiple Vacant Parcels Multiple Locations Arvin,CA  6    FILE #94-14  APPRAISAL DEFINITIONS  Market Value: According to Federal Reserve System 12 CFR, Parts 208 and 225, (Regulation H, Regulation Y; Docket No. R-0685) Appraisal Standards for Federally Related Transactions, Section 225.62 Definitions, [, market value is defined as follows: "Market value means the most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently and knowledgeably, and assuming the price is not Implicit in this definition is the consummation of a sale as of a specified date and the passing oft title from seller to buyer under conditions whereby:  affected by undue stimulus.  1. Buyer and seller are typically motivated; their own best interests;  2. both parties are well informed or well advised, and acting in what they consider  3. areasonable time is allowed for exposure in the open market;  4. payment is made in terms of cash in U.S. dollars or in terms of financial 5. the price represents the normal consideration for the property sold, unaffected by special or creative financing or sales concessions granted by anyone  arrangements comparable thereto; and  associated with the sale."  Fee Simple Estate: According to The Dictionary of Real Estate Appraisal, Fourth  Edition, published by the Appraisal Institute,  "Absolute ownership unencumbered by any other interest or estate, subject only the limitations imposed by the governmental powers of taxation eminent domain,  police power, and escheat."  Multiple Vacant Parcels Multiple Locations Arvin, CA  7    FILE #94-14  ASSUMPTIONS AND LIMITING CONDITIONS  The report itself may contain limiting conditions, qualifications and disclaimers beyond those 1. This is a restricted appraisal report which is intended to comply with the reporting requirements set forth under Standard Rule 2-2(b) of USPAP. As such, it does not include discussions oft the data, reasoning, and analyses that were used in the appraisal process to develop the appraiser's opinion of value. Supporting documentation concerning the data, reasoning, and analyses is retained in the appraiser's file. The information contained in this report is specific to the needs of the client and for the intended use stated in 2. The date of value to which the conclusions and opinions expressed in this report apply, is set forth in the letter of transmittal. Further, the dollar amount of any value opinion renderedi is based upon the purchasing 3. The appraiser's assume no responsibility for economic or physical factors which may affect the opinions in 4. Thei information furnished by others is believed to be reliable. However, no warranty is given for its accuracy. 5. The appraiser's reserve the right to make such adjustments to the analyses, opinions and conclusions set forth in this report as may be required by consideration of additional data or more reliable data that may 6. No opinion as to title is rendered. Data related to ownership and legal description was obtained from Kern County Assessor's Office 2013-14 tax roll records and is considered reliable. Title is assumed to be marketable and free and clear of all liens and encumbrances, easements and restrictions, except those specifically discussed in the report. The property is appraised assuming it to be under responsible 7. The appraiser's assume no responsibility for hidden or unapparent conditions of the property, subsoil, or structures that render it more or less valuable. No responsibility is assumed for arranging for engineering 8. The property is appraised assuming it to be in full compliance with all applicable federal, state, and local 9. The property is appraised assuming that all applicable zoning and use regulations and restrictions have 10. The property is appraised assuming that all required licenses, certificates of occupancy, consents, or other legislative or administrative authority from any local, state, or national government or private entity or organization have been or can be obtained or renewed for any use on which the value estimate contained in 11. No engineering survey has been made by the appraiser. Except as specifically stated, data relative to size and area was taken from sources considered reliable and no encroachment of real property improvements is 12. No opinion is expressed as to the value of subsurface oil, gas or mineral rights or whether the property is subject to surface entry for the exploration orr removal of such materials, except as is expressly stated. 13. Maps, plats and exhibits included in this part are for illustration only, as an aid in visualizing matters discussed within the report. They should not be considered as surveys or relied upon for any other purpose, 14. No opinion is intended to be expressed for matters which require legal expertise or specialized investigation 15. The distribution, if any, of the total valuation in this report between land and improvements applies only  contained herein.  this report. The appraisers are not responsible for unauthorized use of this report.  power of the American dollar existing ont thato date.  this report which occur after the date oft the letter transmitting this report.  become available.  ownership and competent management, and available for its highest and best use.  studies that may be required to discover them. regulations and laws, unless otherwise stated. been complied with, unless otherwise stated.  this reporti is based, unless otherwise stated.  considered to exist.  nors should they be removed from, reproduced, or used apart from this report. ork knowledge beyond that customarily employed by real estate appraisers.  Multiple Vacant Parcels Multiple Locations Arvin, CA  8    FILE #94-14  under the stated program of utilization. The separate allocations for land and buildings must not be used in 16. That possession of this report, or a copy of it, does not carry with it the right of publication. It may not be used for any purpose by any person other than the party to whom iti is addressed without the written consent oft the appraiser, andi in any event only with proper written qualification and only in its entirety. 17. Unless otherwise stated ini this report, the existence of toxic or hazardous material, which may orr may not be present on the property, was not observed by the appraiser. The appraisers have no knowledge of the existence of such materials on or in the property. The appraisers, however, are not qualified to detect such substances. The presence of substances, such as asbestos, urea-formaldehyde foam insulation, or other potentially hazardous materials may affect the value oft the property. The value estimate is predicated on the assumption that there is no such material on or in the property that would cause a loss in value. No responsibility is assumed for any such conditions, or for any expertise or engineering knowledge required to 18. Because no title policy was made available to the appraisers, they assume no responsibility for suchi items 19. No detailed soil studies covering the subject property were available to the appraisers. Therefore, any premises as to soil qualities employed in this report are not conclusive but have been discussed with the 20. The liability of Michael Burger & Associates, its employees and associates is limited tot the client only and to the amount of the fee actually received. There is no accountabilty, obligation, orl liability to any third party. lfthe appraisal report is disseminated to anyone other than the client, the client shall make such party or parties aware of all limiting conditions and assumptions affecting the appraisal assignment. Michael Burger &A Associates, Inc. is not responsible for any costs incurred to discover or correct any physical, financial, and/or legal deficiencies of any type present in the subject property. In the case of limited partnerships or syndication offerings or stock offerings in reale estate, the client agrees that, in the event ofa al lawsuit brought by al lender, a partner or part owner in any form of ownership, at tenant or any other party, the client will hold Michael Burger & Associates, Inc. completely harmless in such action with respect to any and all awards of  conjunction with any other appraisal and are invalid if so used.  discover them. The clienti is urged to retain ane expert int this field, ifdesired.  ofrecordr not disclosed by his customary investigation.  client and considered consistent with information available to the appraiser.  settlement of any typei ins such!l lawsuit.  Multiple Vacant Parcels Multiple Locations Arvin,CA  9    FILE #94-14  CERTIFICATION  Icertify that, to the best of my knowledge and belief...  1. 2. 3. 4. 5. 6.  The statements of fact contained in this report are true and correct.  The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions, and are my personal, impartial and unbiased professional analyses, opinions, and conclusions. Ihave no present or prospective interest in the property that is the subject of this report, and no personal Ihave no bias with respect to the property thati is the subject of this report or the parties involved with the Mye engagement in this assignment was not contingent upon developing or reporting predetermined results. My compensation for completing this assignment is not contingent upon reporting of a predetermined value or direction in valuei that favors the cause of the client, the amount oft the value opinion, the attainment ofa stipulated result or the occurrence of a subsequent event directly related to the intended use of this My analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the Uniform Standards of Professional Appraisal Practice (USPAP), adopted by the Appraisal Foundation, minimum appraisal standards mandated by Title XI of the Financial Institutions Reform, Recovery and Enforcement Act (FIRREA), the Code of Ethics and the Standards of Professional Practice of The use of this report is subject to the requirements of the Appraisal Institute relating to review by its duly  interest or bias with respect to the parties involved.  assignment.  Conclusions are not subject to approval ofal loan.  appraisal.  7.  the Appraisal Institute. authorized representatives.  8. 9.  Ihave made a personal observation of the property thati is thes subject oft this report. within the three years priort to the acceptance of this assignment.  10. Ihave not performed a previous appraisal or performed professional services involving the subject property 11. As of the date of this report, 1, Michael C. Burger, MAI, RW-AC, have completed requirements of the continuing education program of the Appraisal Institute and I have completed the Standards and Ethics Education Requirement of the Appraisal Institute for Associate Members. I am a Certified General Appraiser, per the Office of Real Estate Appraisers, State of California, license number AG003817.  12. No one provided significant professional assistance to the person signing this report  Neither all nor any part of the contents of this report (especially any conclusions as to value, the identity of the appraiser or the firm with which he is connected, or any reference to the above appraisal organizations and designations) shall be disseminated to the public through advertising media, public relations media, news media, sales media or any other public means of communication, or to any other third parties, without the prior written  consent and approval oft the undersigned.  1/31/14 .  MuleRg Michael C. Burger, MAI, RW-AC CMAGCOSI7-Ep57-4  APPRAISER  Multiple) Vacant Parcels Multiple Locations Arvin, CA  10    ADDENDA    TABLE OF CONTENTS  Appraiser's Qualifications. Engagement Letter. Property Valuation Summary Sheet. Aerial Photographs. Kern County Assessor's Maps  1 2 3 5    APPRAISER'S QUALIFICATIONS    Professional Qualifications of Michael C. Burger, MAI, R/W-AC  Probate Referee of the County of Kern Real Estate Appraisal and Consultation 4915 Calloway Dr., Ste. 101, Bakerslield, CA 93312 Phone: (661)587-1010 FAX(661)834-0748  E-Mail: burger@bakersteldappraisers.com  Web Site: snistpaAIsO  Mr. Burger has appraised all types of real estate, to include single family homes, apartments, agricultural, commercial and industrial properties, and right-of-way, properties since 1987. He holds the MAI designation of the Appraisal Institute. He holds the RW-AC "Right of Way-Appraisal Certified" designation from the International Right of Way Association (IRWA). He is registered with the State of California as a Certified General Real Estate Appraiser. MB Appraisals, Inc., dba Michael Burger & Associates is a full service real estate appraisal and  consultation firm providing services in the San Joaquin Valley.  EDUCATION Major:  Graduate, California Polytechnic State University, San Luis Obispo, CA, 1987  Agricultural Management  Concentration: Real Estate Finance and Appraisal Business Professional Courses Business Professional Course, Aji Network: Leadership, Innovation, Entrepreneurship and Power, Aji Network: Real Estate Courses Successfully Completed:  1999-2001 2001-Present  Rural Appraisal Real Estate Finance Principle of Real Estate Course 1A:1, Real Estate Principles Course 1A:2, Basic Valuation Procedures  Cal Poly Basic Real Estate Appraisal: Cal Poly Advanced Real Estate Appraisal:  12-87 5-89  Bakersfield College, Bakersfield College,  Call Poly  Appraisal Institute Courses Successfully Completed (19- to 40-hour courses) Course 1B:A, Capitalization Theory & Tech., 6-89 Condemnation. Appraising Course 1B:A, Capitalization Theory & Tech., 2-91 Standards of Professional Practice, Part C  3-88 Standards of Professional Practice, Parts A&B 11-94  8-88 The Appraiser's Complete Review  1-96 10-98 11-99 9-02  PartA Part B Valuation Analysis Acquisitions  Course. 2-1, Case Studies in Real Estate Course 2-2, Report Writing & Valuation Course 401, The Appraisal of Partial Course 803, Eminent Domain Law Basic Real Estate Appraisal Seminars Successfully Completed Understanding: Limited Appraisals General 6-94 Appraising Complex Residential Properties 9-94 Non-Residential Demonstration Appraisal O.R.E.A. Federal & State Laws & Loss Prevention Program for Real Estate Real Estate Appraiser Expert Witness Trends in the Hospitality Industry Valuation Considerations Regarding al Partial 8-98 Valuation of Detrimental Conditions Al Review of 1-4 Residential Form Internet Sources for the California Appraiser 7-99  9-91 Course 800, Separating Real & Personal Property From Intangible Business Assets  6-92 2-99 5-99  International Right Of Way Association Course Completed (19- To 40-Hour Courses)  Course 502, Business Relocation  1-04  The FHA and the Appraisal Process Appraisal of Nonconforming Uses Appraisal of Nursing Facilities Technology and the Appraisal Process National USPAP Update Appraising Manufactured Housing Litigation Seminar Business Practices and Ethics Vineyard Valuation & Ag Symposium Uniform Appraisal Dataset (UAD)  9-99 5-00 2-01 9-01 8-03 11-04 11-04 12-06 7-09 7-11  4-95 10-97 10-97 6-98 8-98 3-99 7-99  Report Regulations Appraisers Acquisition    WORK, EXPERIENCE  PROBATE REFEREE OF THE COUNTY OF KERN.. John K. Richardson, General Contractor, Sea Ranch, CA..  9-1-11 to Present 6-87t07-97  MICHAEL BURGER & ASSOCIATES, REAL ESTATE APPRAISAL AND CONSULTATION ..7-97 to Present Alpha Gamma Rho, Vice President Finance (National Agricultural Fraternity) San Luis Obispo, CA.. 10-85 to 12-86  Bruce Beaudoin & Associates, Inc., Real Estate Appraisers and Consultants, Bakersfield, CA.  6-85t tos 9-85+6-86t to 9-86  PROFESSIONAL CREDENTIALS Scholarship 8-86 Certified General Appraiser, Real Estate Lic. # AG003817 MAI, Member No. 11,093 RW-AC, Member No. 3314, 12/01/05 Appointed Probate Referee of the County of Kern (9-1- PROPERTYTYPES VALUED  American Society of Farm Managers and Rural  Appraisers State of California Appraisal Institute International Right of Way Association State of California  FHA. Approved, Lender Selection Roster of Appraisers U.S. Department of Housing and Urban Development  11)  Assignments have included the valuation of apartment complexes, condominiums, PUD's, mobile homes, single family residences, affordable housing projects, bank branches, convenience stores, industrial parks, mini-storage complexes, motels/hotels, office buildings, restaurants, retail stores, shopping centers, and warehouse complexes. Special purpose and agricultural properties include al boxing arena, race. track, almond huller, churches, fruit & nut orchards, vineyards, medical health centers, mixed-use properties, rights-of-way, truck stops, Veteran's hospital,  veterinary hospitals, open farm and rangeland, etc.  CLIENTS SERVED  Federally insured financial institutions, real estate companies, developers, insurance companies, attorneys, private  investors, mortgage companies, relocation companies, governmental agencies, etc.  CIVIC, VOLUNTEER. AND PROFESSIONAL AFFILIATIONS Director and Secretary (Past) Bakersfield Active 20/30 Club  1998 President Director (Past) Class of 2000 2003 Director Treasurer President  Bakersfield Chapter Appraisal Institute Alpha Gamma Rho Alumni Association Bakersfield East Rotary Club Executives Association of Kern County Executives Association of Kern County  Greater Bakersfield Chamber of Commerce- Leadership Bakersfield  Additionally, Mr. Burger provided pro bono real estate appraisal and consulting services to the Bakersfield Police Activities League, Bakersfield Museum of Art, American National Red Cross, Habitat for Humanity, Salvation Army, and Kern' Veteran's Memorial Foundation. He served on the Urban Decay Advisory Team of the City of Bakersfield Planning Department. He has had speaking engagements and was guest lecturer for the Advanced Real Estate Appraisal class at Bakersfield College, Agricultural Management Course 101 at Cal Poly State University, the Bakersfield Board of Realtors, Executive Association of Kern County, KERN 1410 Talk Radio, the Kern County  Taxpayers Association, Kern Kiwanis, McKinzie Real Estate, and' Watson Realty Corporation.    - E 5 & 2  E o a  C  - -    2  ENGAGEMENT LETTER    3  PROPERTY VALUATION SUMMARY SHEET    4  AERIAL PHOTOGRAPHS    Kern County'  APN 191-010-01  Oalne Mowpuaysytlwn Kern County Online Mapping  Legend Roads Artarlal Colleclor Highway Local Ramp Unpaved County ofKem Assessment Parcols  Scale: 1:3,614  Thisr mepisa ausers generaleds stalico from: ank Inlernel mappings sile reforence only, Datole otherwise reliable. THISN MAPISNOT TOBEL USEDI FORI  this  not bea    APN'S 190-270-01, 03,  Kern County Kern Masyg  Online  County  Mapping 05 & 06  Legend Roads Artarial Collecior Highway Local Ramp Unpavod County ofKern Assessmont Parcols  Scale:1 1:2,215  2263729!  generated statico ulpul Internetn mappings thala ont  only othorwiser THIS MAPI IS NOT TOBE  accurale, curenl,or    Kern County  Online Momnys Systen Kern County Online Mapping APN'S 190-250-03, 04 & 05  Legend Ronds Artorlal Collecior Highway Local Ramp Unpayed County ofKem Assessment Parcels  Scale:1 1:4,220  Thisn mapis generate alic  apping  roferençeo olherwisen relioblo. only. THISI MAPISN that NOTT TOBEI this USEDI AVIGATION, courel    Kern County Kern Moppng Sytten  APN'S 190-130-14, 15 & 27  Online  County  Mapping  Legend Roads Artarial Colloclor Highway Local Ramp Unpaved County ofKem Assossment Parcols  Scale: 1:1,750  aPsasNPIZaN  Thisn mapisau users generateds slatico outputf froma an! Internetr mappings sile for general  reforence only. Dalalayers thata appear on this otherwiser rallable. THISN MAPI IS NOTT TOBEU  nol bon accurale, currenl,or    Kern County  APN'S 190-141-10 & 11 and 190-142-13 thru 17  Kern County Online Mapping  Legend Roads Artarlal Collector Highway Local Ramp Unpaved County ofKem Assessment Parcols  Scale: 1:1,693  Mapsantert  3692  This mapi generateds slatic reference only, Dalal that othorwisen reliable. THIS MAPI IS NOTT TOBE  ternet mappings this  general be accurale, current,ar    APN'S 190-020-14 & 38  Kern County"  between Commanche  Oalase Myphws sysien Varsity Ave.  Dr. & Campus Dr.  Legend Roads Arterial Collacior Highway Local Ramp Unpaved County ofKem Assesement Parcels  Scale: 1:5,000  Thisr mapis reference only, Dats  outpul from ank mapping site andisfor general  otherwise reliable. THIS NOT TOBEL USEDF NAVIGATION.    Kern County' NWC Onaga Moppwys Sysen  APN 192-070-06  Sycamore Dr. & Walnut Dr.  -  SAN  Legend Roads Arterial Collector Highway Local Ramp Unpaved County ofl Kem Assessment Parcois  AA  - - Thisn mapis generated stalic oulput rom referenced only, Dalal thal otherwiser reliable. THISI MAPISN NOTT TOBEL USEDF FORN  Scale:1 1:1,000  0282  mapping: site mays  general    Kern County SEC St. & Mapaie syaten  APN'S 190-130-20,  A  4th Ave.  21 & 22  Legend Roads Artorial Collector Highway Local Ramp Unpaved County ofKem Assossmont Parcols  Scale: 1:1,000  Map'center: 6316191.  Thisn mapi isa userg generaleds stalico output froma only, Dalalayers thata appearonthis otherwiser roliable. THISN MAPIS IS! NOTT TOBE USED  mappings sitos andisfors may bea    Kern County NWC Sycamore Dr. &  APN'S 192-110-10 & 16  Morny Stom  Meyer St.  Legend Roads Arterlal Colloctor Highway Local Remp Unpaved Countyo ofk Kem Asseesment Parcels  120  Scale: 1:1,000  Thisn mapisa generated stalic outputt from anl Intemetn mapping sito andl Isfor general reference only, Datal layers! thata appear on! thisn map mays otherwise reliablo. THISA MAPI ISN NOTT TOBEL USED FORI  be: accurale, curreni,    Kern County" NEC Commanche Dr. & Millux  APN'S 189-351-71 & 90  Mngsytm  Rd.      Legend Roads Arterlal Collecior Highway Local Remp Unpaved 1 County ofKem AssessmentF Parcels  Scale: 1:8,945  Thien mapisau userg generateds stalic oulpul froma ank Internetn mappings site andis Islors genoral reference only. Datal layers! thata appearonihis map mayor. may accurate, currenl,or otherwise roliablo. THISMAPIS ISNOT TOBEU USEDI FORI NAVIGATION.    Kern County Walnut St. & Fourth APN'S 190-240-03 & 190-260-06 & 08  Systen  St.  Legend Roads Artarlal Collecior Highway Local Ramp Unpaved County ofKem Assessment Parcols  Scale: 1:4,588  generate slatico oulput from Internet mapplngs thata this  erenced only, therviser roliable. THISM MAPI ISNOTT TOBEI  accurate, current    CITY OF ARVIN Staff Report  Meeting Date: November 12, 2024  TO:  Arvin City Council/Successor Agency to the Arvin Community Redevelopment Agency  FROM: JeffJones City Manager / Finance Director  SUBJECT: Consideration and Acceptance of] Resolution Approving a Purchase Sale Agreement  between Thel Dissolved Arvin Community Redevelopment Agency (Successor Agency) and State. Foods LLC or Assignee and Arvin Walnut Properties LLC (Purchaser) for the Purchase of APN 190-270-01, 190-270-03, 190-270-05, and 190- 270-06 (5.14 acres) located at Bear Mountain Blvd and North Walnut Street in the  City of Arvin  BACKGROUND:  The Dissolved Arvin Community Redevelopment Agency owns certain property in the City of Arvin. Al Long Range Property Management Plan (LRPM) was approved between the Department of Finance and the Successor. Agency in 2014. The LRPM allows for the sale of properties should the SA declare the land as surplus and then upon approval by the State of California Housing and Community Development (HCD). All oft the processes required under the LRPM and HCD have The parcel is located at the northwest comer of Bear Mountain Blvd and North Walnut Street. APNs 190-270-01, 190-270-03, 190-270-05, and 190-270-06 are zoned C-2 and the total area of the Thej properties were appraised in 2014: for at total of $516,199. The offer to purchase by State Foods The PSA also provides the following conditions within the Purchase and Sale Agreement with  been completed.  parcels are 5.14 acres.  LLC/Arvin Walnut Properties LLCi is $1,032,398.  respects to net purchase price.  1.  Purchase Price and Earnest Money.  a b.  Purchase Price. The total purchase price for the Property (the' "Purchase Price") Deposit. Within 15 days after the Opening Date, Developer will deposit with the  is$ $1,032,398.00 all cash at close escrow.  Escrow Agent the sum of $10,000.00 within 5 business days after the Opening Date of Escrow    to be held as earnest money under this Agreement and placed in a federally  bearing account. The Deposit will be increased  insured, interest-  Shopping CenterLand below and the Developer at the Closing.  by $20,000 once all land constituting the  (including the Private Parcels) are in escrow as per Paragraph 41 herein  Deposit will be credited against the Purchase Price otherwise  payable by  The Deposit shall be refunded to Developer in the event of SA default orifSAd does not approve and execute the PSAorthe failure for whatever reason oft the SA to gain Kern Countywide Oversight Board ("Oversight Board") or other oversight agency approval ofthePSA. i. Notwithstanding the foregoing paragraph (i), should Developer exercise an option to extend Escrow pursuant to Paragraph 3(e) of this Agreement, and thereafter fail to consummate the purchase of the Property for any reason other than those specified inj paragraph the Deposit shall no. longer be refunded and the SA shall be entitled (i)above, to retain such amounts to compensate the SA fori its inability to: market and  sell the Property to another party. Balance ofl Purchase Price. On or before the  with Escrow Agent the balance oft the Purchase Price  all Closing, Developer will deposit (less earnest or deposit money paid  by Developer). d.  Adjustments to the Purchase Price. IfDeveloper is  the amount Developer has budgeted ($8.00/sf) to acquire the Private required Parcels pay more than Paragraph 4a in the PSA agreement) the Purchase Price will be lowered the Additionally, the SA agrees to lower the Purchase Price by the cost to by same amount.  (refer to  construct an onsite and/or offsite drainage retention  design, permit, and  Paragraph 4d ini the). e.  system per FEMA standards (refer to  Additional Adjustments of the Purchase Price. During the escrow  Developer will be evaluating and determining the cost of developing the  period  determine its economic feasibility. In the event there are unknown costs Shopping Center to  removal of onsite underground lowered by the same amount.  such as the cost of purchase price shall be  pipelines or hazardous material, the  £  Onsite/Offsite Drainage Retention. The City of Arvin has indicated  Developer will be required to construct an onsite/offsite drainage retention FEMA flood plain standards on the Site. The Parties agree that the Purchase system Price as that per Developer will pay willl be reduced by the reasonable cost to design, permit, and construct the  that  drainage retention system required for the Site.  &  Adjustments to Purchase Price and Prevailing  understands and agrees that should the Adjustments of the Purchase Price Wages. Developer to Subsections (e), (f) and (g) ofthis Section 1 cause the Purchase Price to required be less pursuant than the appraised fair market price of ($516,259), Developer will be subject to requirements as the development will be considered a public work prevailing wage  California Labor Code  project pursuant to    STAFF RECOMMENDATION:  Staff recommends that the Dissolved Arvin Community Redevelopment Agency (Successor Agency) approve the Purchase and Sale Agreement to State Foods LLC or Assignee and Arvin  Walnut Properties LLC. Attachments: Purchase and Sale Agreement Property Appraisal    RESOLUTION NO. 2024-  ARESOLUTION OF THE SUCCESSOR. AGENCYTOTHE DISSOLVED ARVIN COMMUNITY REDEVELOPMENT AGENCY, APPROVING Al PURCHASE SALE AGREEMENT SELLING APNS 190-270-01, 190-270-03, 190-270-05, AND 190-270-067 TO STATE FOODS OR. ASSIGNEE. AND ARVIN WALNUT! PROPERTIES LLC WHEREAS, pursuant tol Health and Safety Code Section34173(d), the City ofArvin is the suçcessor agency to the. Arvin Community Redevelopment Agency ("Successor Agency"); and WHEREAS, pursuant to Health and Safety Code Section 34173(g), the Successor Agency WHEREAS, Health and Safety Code Section34191.5(b) requires the Successor. Agency to prepare a Long Range Property Management Plan ("Property Management Plan") that addresses the disposition and use oft the real properties oft the former redevelopment agency; and  is now a separate legal entity from the City; and  WHEREAS, Health and Safety Code Section 34191.5(b) also requires the Successor Agency to submit the Property Management Plan to the Successor Agency's oversight board and the Department of Finance for approval no later than six months following the issuance to the Successor Agency of the Finding of Completion pursuant to Health and Safety Code Section  34179.7; and  WHEREAS, the Department of Finance issued the Successor Agency a Finding of WHEREAS, the Successor Agency approved a Property Management Plan that contains all the information required under Health and Safety Code Section 34191.5 on February 18,2014  Completion on. April 26, 2013; and  by way ofl Resolution No. 2014-03; and  WHEREAS, the Oversight Board of the Successor Agency approved the Property Management Plan on February 25, 2014 by way of Resolution No. AOB2014-02; and WHEREAS, the California Department of Finance reviewed the approved Property Management Plan and approved the Property Management Plan on March 17,2014; and WHEREAS, parcels APN 190-270-01, 190-270-03, 190-270-05, and 190-270-06 were appraised for a total amount of$516,199 by Michael Burger and Associates on February 14, 2014,  acopy of which is attached as Exhibit"A"; and  WHEREAS, on or about October 17,2024, the Successor Agency received a proposal for the purchase of parcels APN 190-270-01, 190-270-03, 190-270-05, and 190-270-06 for the total amount of $1,032,398 from State Foods LLC and Arvin Walnut Properties LLC.; and as referenced in the staff report and the purchase and sale agreement document; and  WHEREAS, thej purchase and sale agreement is subject to additional terms and conditions    NOW,THEREFORE, THE SUCCESSOR AGENCYTOTHE DISSOLVED ARVIN COMMUNITY REDEVELOPMENT AGENCY, DOES HEREBY RESOLVE AS  FOLLOWS:  Section 1. Recitals. The Recitals set forth above are true and correct and are incorporated Section 2. Approval of the sale ofA APNs 190-270-01, 190-270-03, 190-270-05, and 190- 270-06 to State Foods LLC and Arvin Walnut Properties LLC. The Successor. Agency hereby approves sale of APNS 190270.01,190.70.03, 190-270-05, and 190-270-06 to Statel Foods LLC and Arvin Walnut Properties LLC., and the Purchase Sale Agreement regarding this sale in  into this Resolution by this reference.  substantially the same the form as attached hereto as Exhibit "B."  Section 3. Remittance of Proceeds from the sale. In accordance with the Long Range Property Management Plan, the Successor Agency hereby direct that all proceeds from the sale of APNs 190-270-01, 190-270-03, 190-270-05, and 190-270-06 be used to fulfill enforceable  obligations.  Section 4. Execution and transmittal of the purchase sale agreement. The Executive Director of the Successor Agency is hereby authorized and directed to take any action necessary to carry out the purposes of this Resolution and comply with applicable law regarding the Long Range Property Management Plan and the sale of APNs 190-270-01,190-270-0-270-03,190-270-05, and 190-270-06 pursuant to that plan, including but not limited to submitting the Purchase Sale Agreement to the Successor Agency'soversight board for approval, and to the State of California  Department of Finance.  Section 5. Effectiveness. This Resolution shall take effect immediately upon its adoption. IHEREBY CERTIFY that the foregoing resolution was passed and adopted by thel Board ofDirectors oft the Successor Agency to the dissolved Arvin Community Redevelopment Agency at a regular meeting thereofheld on the 12+h day ofNovember 2024 by the following vote:  AYES: NOES: ABSTAIN: ABSENT:  ATTEST JEFF JONES, Secretary    SUCCESSOR AGENCYTOTHE. ARVIN COMMUNITY REDEVELPMENT AGENCY  By:  DANIEL BORRELI, Chairman  APPROVED ASTO FORM:  By:  NATHAN HODGES, Successor Agency Attorney Hodges Law Group  I,  Secretary of the Successor Agency to the Arvin  Community Redevelopment Agency of the City ofArvin, California, DO HEREBY CERTIFY that the foregoing is a true and accurate copy of the Resolution passed and adopted by the Board ofDirectors oft the Successor. Agency to the Arvin Community Redevelopment. Agency on the date  and by the vote indicated herein.    PURCHASE AND SALE AGREEMENT  THIS PURCHASE AND SALE AGREEMENT ("PSA") is entered into this 1 7th day of October, 2024 ("Effective Date"), by and between the SUCCESSOR AGENCY TO THE ARVIN COMMUNITY REDEVELOPMENT AGENCY, a California Successor Agency created and existing pursuant to California Health and Safety Code Section 34170ctseq.C"SA). and State Foods LLC (State Foods) or Assignee and. Arvin' Walnut Properties, LLC, a California limited liability company ("Developer"), on the terms and provisions set forth below. The Successor Agency and Developer are sometimes individually referred tol herein as a' "Party" and  are sometimes collectively referred tol herein as the "Parties."  RECITALS  A. The SA ist the owner ofapproximately. 5.14 acres of vacant land located at Bear Mountain Blvd. and N. Walnut Dr. in the City of Arvin, and identified as County Assessor Parcel Nos. 190-270-01, -03, -05, -06 (the "Site" or the "Property"). An accurate legal description oft the Site is attached hereto and incorporated herein as Exhibit "A" will be B. On September 13, 2021, the SA issued a Notice of Government Surplus Property C. Subsequently, the SA issued a Request for Proposal (RFP) for the Site. Developer submitted aj proposal to the SA dated March 10, 2022, which was accepted by the SA. D. SA and Developer entered into an Exclusive Negotiating Agreement (ENA) dated September 30, 2022. The ENA provided a period of 120 days (plus extensions if necessary) for the Parties to negotiate thet terms and conditions and enter into al Purchase E. Upon execution of the ENA, Developer was required to deposit $10,000 for Reimbursement Funds with the SA which the! Developersubmited tot the SA on October F. Additionally, the ENA required the Developer to open escrow at Fidelity National Title, Newport Beach, CA and to deposit $10,000 into escrow. When Developer attempted to make the deposit, Developer was informed by the Escrow Agent specified in the ENA that Fidelity could only open escrows with as signed Purchase and Sale Agreement (PSA). G.I Developer informed the SA and Kosmont Real Estate Services (the brokerage firm representing the SA)ofthes situation and proposed that the Parties negotiate and execute H. SA and Developer desire that Developer design, construct and operate the Proposed Project as depicted on Exhibit "B" which is the Site Plan for the shopping center (the  provided during escrow by Developer.  involving the Site.  and Sale. Agreement (PSA).  26,2022.  aPSA now which proposal was accepted by the Developer and SA.  "Proposed Project").  Page 1 of25 Purchase and Sale. Agreement APNS 190270.01,05,05,06    I. Developer intends to incur significant costs analyzing the Property and designing the proposed Project, and Successor. Agency intends toi incur significant costs ini negotiating and preparing a development agreement (DA), or other agreement(s) effecting conveyance of ownership for the Property (each and collectively, a "Conveyance J. Itisa anticipated that during thei term oft this PSA, Successor. Agency staffa and consultants and attorneys ofthe Successor. Agency will devote substantial time and effort ini meeting with Developer and its representatives and consultants, reviewing proposals, plans and reports, negotiating and preparing agreements, obtaining consultant advice and reports, and to the extent necessary, furthering compliance with the California Environmental  Instrument").  Quality Act ("CEQA").  K. Specific Developer Tasks are set forth on Exhibit C( (1). L. Specific Successor Agency Tasks are set forth on Exhibit C(2).  M. Thej purpose ofthis Agreement is: (i)tos set forth thei terms and conditions for thepotential acquisition of the Site by the Developer; (ii) to evaluate the need for various environmental studies and regulatory approvals; (ii) to allow thej parties to conceive and give substance and detail to a proposed commercial project for the Site; and (iv) negotiation of various agreements effecting conveyance of ownership of the Site. Developer has proposed a shopping center anchored by State Foods Markets and additional tenants or users may include Starbucks Coffee, Jack in the Box, and Strata N. FOR VALUABLE CONSIDERATION RECEIVED, SA agrees to sell, and Developer agrees to purchase the Sitei including anyi improvements (ifany) and all rights,] privileges, and easements appurtenant thereto ini the City of Arvin, Kern County, CA, consisting of approximately 5.14 acres of land, as depicted on Exhibit "A-1" (the "Property" or the  Credit Union ("Proposed Project").  "Site"), on the following terms and conditions:  AGREEMENT  1.  The Site (or the Property). The parcels that will constitute the shopping center land as shown on Exhibit C attached hereto shall include the City owned 5.14 acres and the Private Parcels referred to in Paragraph 4a herein below (collectively referred to as the "Shopping  Center Land"). 2.  Purchase. Price and Earnest Money.  a. b.  Purchase. Price. The total purchase price for the Property (the' "Purchase Price") Deposit. Within 15 days after the Opening Date, Developer will deposit with the  is$1,032,398.00: all cash at close escrow.  Escrow Agent the sum of $10,000.00 within 51 business days after the Opening Date of Escrow  Page 2 of25 Purchase and Sale Agreement APNs 190270.01,03,-05,.06    $1720(b)(3). 3.  Escrow Agent/Opening and Closing Dates.  a.  Escrow Agent. This Agreement will be consummated through an escrow  established with Fidelity National Title Insurance Company, Attn: Lisal Figgins ("Senior Escrow Agent"), 950 Hampshire Road, Westlake Village, CAS 91361 Tel: 805-666-4054, Fax: 805-991-  1651, Email: lis.figgins@fhf.com.  b. Title Coordination. Brad Golden, Major Accounts Manager, Fidelity National Title Company, 1000 Town Center Drive, Suite 260, Oxnard, CA93036, Phone: 805-218-8879,  Email: bradgolden@tt.com.  C.  Opening Date. This Agreement is effective, and escrow is opened on that date  (the "Opening Date") when a fully executed electronic version of this Agreement in portable document format (.pdf) is delivered to and accepted by Escrow Agent. Escrow Agent is instructed to insert the Opening Date and the escrow number of this transaction above Escrow  Agent's signature where indicated below.  d. Closing Date. This transaction: and escrow will close (the' "Closing") onor! before that date (the "Closing Date") that is 12 months after the Opening Date (as defined in  Paragraph 1c). e. f.  Extensions. Developer shall have right to extend the Escrow Term for up to two Right to Terminate/Cure of Default. A Party may terminate this Agreement  ninety day (90) day periods by notifying the SA and Escrow in writing.  upon the failure of the other Party to cure after receipt of notice of such failure from the non- defaulting Party and continuance of such failure after thirty (30) days opportunity to cure. No Party shall have a right to specific performance of this Agreement. In the event of an uncured default by a Party, the sole remedy of the non-defaulting Party shall be to terminate this  Agreement. 4.  Developer's Contingencies. In addition to any other contingency or condition expressly set forth in this Agreement, Developer's obligation to consummate the purchase of the Property is conditioned and contingent upon satisfaction or waiver oft the following contingencies during  the Escrow Term. a.  Purchase of Private Properties. Before Developer is obligated to purchase the  5.14 acres owned by the SA, Developer must open escrow to purchase the privately owned property on Walnut Street known as APN 190-270-38 & 39 (Penaloza) and APN 190-270-36 &37 (Reyna) (the' "Private Properties") as shown on. Exhibit A-1.Together, these properties  constitute all thel land within the Shopping Center shown on ExhibitC C.  b.  Commitment for Title Insurance. SA to provide a current commitment for a  2021-form ALTA extended coverage owner's policy of title insurance covering the Property,  Page 4 of25 Purchase and Sale Agreement APNs 190.70.01,03,05,06    accompanied by legible copies of all matters referred to therein (collectively, the "Commitment"). IfDeveloper objects to any matter(s) disclosed in the Commitment or thereafter within 30 days after Developer's receipt of an amended Commitment disclosing new matter(s), Developer may either (i) cancel this Agreement by notice to SA, or (ii) notify SA ofDeveloper's objections, in which event SA agrees to use its best efforts to cure Developer's objections prior to the Closing. If Developer's objections are not cured to Developer's satisfaction, then at any time on or before the Closing, Developer may either cancel this Agreement or waive Developer's remaining objections by notice to SA. However, SA is obligated in any event to release all monetary liens and encumbrances against the! Property not caused by Developer on or before the Closing at SA's expense, without the necessity ofI Developer's objection. SA may not cause any additional title exception to be imposed against the Property without Developer's prior written consent. Upon Developer's cancellation ofthis Agreement under this subparagraph, the Earnest  Money will be promptly refunded to Developer.  C.  Project Feasibility. Developer will investigate and will be satisfied with all  matters relating to the feasibility and economic viability of developing the Shopping Center including the Property, which must be acceptable to Developer ini its sole discretion, including, without limitation, condition oftitle, survey, and acceptability ofthe" Title Commitment; utilities; physical and soils condition; no hazardous material in the soil; and completion of SA's  Deliveries. d.  Governmental Approvals. Developer to obtain all entitlements, permits and  approvals for the Shopping Center from all applicable authorities having, jurisdiction, including, without limitation, governmental and quasi-govermental agencies, and utility providers, with conditions acceptable to Developer (collectively, "Governmental Approvals"). Governmental Approvals must be without conditions or restrictions (including the payment of assessments or the posting of security) that are unacceptable to Developer, in its sole discretion, and must be  vested and not subject to appeal.  e.  Survey. Developer will cause the Property tol be surveyed by al licensed surveyor  for thej purpose of completing an ALTA survey oft the Property, including topographical data. If completed, the Survey will form the basis for the legal description ofthel Property tol bec conveyed  at the Closing. The cost of the Survey will be paid by Developer.  f..  Environmental Requirements. Developer to approve in its sole discretion all  environmental matters pertaining to the Property. Developer may undertake such additional studies, tests and assessments as Developer deems necessary, including, without limitation, a current Phase I Environmental Assessment Report for the Property (the "Environmental Assessment"). Developer understands and agrees that the Proposed Project will require a California Environmental Quality Act ("CEQA") Assessment be conducted. Developer further understands that this Agreement provides no commitments from the SA or the City of Arvin concerning the approval ofthe Proposed Project or any other potential project, nor limits the City of Arvin's authority to consider and impose alternatives and mitigation measures if such  alternatives or measures are necessary based on the CEQA Assessment.  g.  Tentative Parcel Map. Developer, at Developer's expense shall prepare apply  Page 50 of25 Purchase and Sale Agreement APNs 190.270.01,03,05,06    with the City of Arvin for a Tentative Parcel Map or a Lot Line Adjustment.  h.  Recordation of Final Parcel Map. After Developer's acquisition oft the Private  Parcels, Developer will request from the City of Arvin a Final Parcel Map, which creates 4 parcels that will constitute the Shopping Center Land as shown on Exhibit D attached hereto. may be beneath the surface of the Property at Developer's expense, which reasonable costs thereofwill be credited against the purchase price that Developer is paying for the Property. Markets shall enter into a Separate Agreement with the City of Arvin wherein Developer shall agree to approve and execute a Development Agreement between themselves and the City of Arvin setting for their respective construction obligations as per plans approved by the Parties ("Separate Agreement"). Developer understands and agrees that the Separate Agreement will require Developer to execute a Development Agreement with the City for the Shopping Center Property within one hundred fifly (150) days of the close of Escrow. The execution of the Separate Agreement shall be a condition precedent to the opening of] Escrow.  Removal of Potential Oil! Pipelines. Developer to remove any oil pipelines that  -  Development Agreement. Arvin Walnut Properties, LLC and State Foods  k.  Declaration of Covenants, Conditions and Restrictions ("Declaration").  Arvin Walnut Properties, LLC and State Foods Markets will approve, execute, and record a Declaration against Parcels 1 through 4 ofthel Final Parcel Map. Developer and the other tenants or users in the shopping center will take title to Site subject to the Declaration.  1.  Common Area Maintenance Agreement (CAM Agreement"). Arvin Walnut  Properties, LLC: and State Foods Markets will approve and execute a CAM Agreement and will record it against Parcels 1 through 4 of the Final Parcel Map. Developer will take title to Site  subject to the CAM Agreement.  m. Property Information. If available, copies of such other materials and information that are pertinent tol Developer's acquisition ofthel Property as Developer reasonably requests, including, without limitation, copies of annual real estate tax bills together with the most recent notice ofi increase in valuation received by SA; plats; architectural and engineering drawings, plans and specifications; grading and drainage plans; traffic studies; archeological studies; street improvement specifications; wetland information; floodplain information; and appraisals, reports and other studies ordered or performed by or at the direction of SA. The contingencies contained in this Paragraph 4 are for the exclusive benefit of Developer, and Developer has the right to cancel this Agreement upon the failure of satisfaction of any such contingency during the escrow term by written notice to SA and Escrow Agent, whereupon all Earnest Money then on deposit will be promptly refunded to Developer. In the absence of such 5. Deed and Title Policy. At the Closing, SA will convey title tot thel Property tol Developer by a Grant Deed in form and substance reasonably acceptable to Developer. As a condition to Developer's obligation to close escrow, Developer must be furnished with a 2021-form ALTA  notice, such contingency is deemed waived by Developer.  Page 6 of25 Purchase and Sale Agreement APNs 190270.01,03,05,.0    extended coverage owner's policy oft title insurance issued by Escrow Agent, in the full amount of the Purchase Price, effective as of the Closing insuring that Developer is vested with fee simple title to the Property, subject only to those matters in the Commitment approved by Developer. At the Closing, SA will pay the cost of a standard coverage owner's policy, and Developer is responsible for the incremental additional cost to obtain extended coverage. Environmental Requirements. State and local environmental regulations (including, without limitation, the Califomial Environmental Quality Act) may be applicable to the proposed development of the Site. The Parties agree to cooperate to investigate and gather information relevant to the Site and the environmental impact ofi its proposed development. Developer shall bear all costs and expenses of any and all title, environmental, physical, engineering, financial, and feasibility investigations, reports and analyses and other analyses or activities performed by or for Developer. During the Escrow Period, the SA shall deliver to Developer complete copies of all material non-privileged reports and other material non-privileged documents pertaining to the Site which are in SA's possession, at no cost to Developer other than the actual cost (ifany)  6.  of duplicating such documents.  7.  Costs and Expenses. All fees and expenses of engineers, architects, financial consultants, legal, planning and other consultants or contractors, retained by Developer for any evaluation, appraisal, planning or design relating to the Site or negotiation ofai future agreement that may be undertaken by Developer during the Escrow Period, pursuant to ori ini reliance upon this Agreement ori in Developer's discretion, regarding any matter relating to the subject matter ofthis Agreement, shall be at the sole cost and expense of Developer. No such activity shall be deemed to be undertaken for the benefit of, at the expense of, or ini reliance upon SA.  8.  Due Diligence. During the Escrow Period ("Due Diligence Period"), Developer will investigate and approve, in its sole discretion, the feasibility of acquiring, entitling and developing the Site as contemplated in the proposed Project plan by: (i) reviewing the exceptions, legal descriptions and other matters contained int thej preliminary titlei reportprepared by Title Company; (ii) conducting or reviewing such surveys, investigations, studies and inspections and making or reviewing such geologic, environmental and soils tests and other studies of the Property (as set forth in Attachment No. 2); (i) an estimated budget for the on and off-site work for the shopping center; and (iv) reviewing all other applicable due diligence Unless Developer delivers written notice to the SA approving the Conveyance Instrument form and the feasibility of acquiring, entitling and developing the Property with the proposed Project (the "Due Diligence Approval") on or before the expiration of the Escrow Period, then the SA may terminate thel PSA ini its sole and absolute discretion by written notice to the Developer and any funds remaining in the Reimbursable Funds deposit and in the Good Faith Deposit, not including any non-refundable deposits released to the SA, shall bei returned to Developer, and 9. Access to Site. During thei term ofthis PSA, SA: shall provide Developer reasonable access toall portions ofthe Site for the purpose ofobtaining data and making surveys and tests necessary to evaluate the development potential of the Site and otherwise to conduct the land use due  materials respecting the Site.  neither party shall haveany further rights or obligations under this PSA.  Page 7 of25 Purchase and Sale. Agreement APNs 190-70.01,03,05,06    diligencerelatingt tot thel Project as contemplated hereunder, including, without limitation, thei right to make borings to investigate the soils and environmental condition ofthe Site. 10. Purchase and Sale Agreement Contingency. Close of escrow is contingent upon execution of this Purchase and Sale Agreement by the Successor Agency (as set forth in the ENA) which must first be approved by the Kern Countywide Oversight Board (the "OB") and, asi may bei required, the California Department ofFinance (the' "DOF"). IfOB and DOFapproval is not obtained, SA and Developer shall negotiate in good faith to modify the this Purchase and Sale Agreement after delivery ofnotice of disapproval to attempt tor reach an agreement that will 11. Assignment. SA is entering intot this Agreement on thel basis oft thej particular experience, financial capacity, skills and capabilities ofDeveloper. This Agreement is personal tol Developer and is not assignable without the prior written consent ofSA, which may be given, withheld, or 12. Developer's Indemnification of SA and/or City of Arvin. Developer shall indemnify, defend and hold harmless SA, and the elected and appointed officials, officers, agents and employees ofSA (individually or collectively, an "Indemnified Party")against: any and alll losses arising out ofa any claim, demand or cause of action, or any action or other proceeding, whether meritorious or not, arising through Developer, Developer's contractors or employees and brought or asserted against any Indemnified Party that relates to or arises out of: () property damage or bodily injury or death of any person in connection with this Agreement; (ii) entry upon the Site by Developer, its contractors or employees; (iii) any inspection of the Site by Developer, its contractors or employees; or (iv) the preparation of any report or plans commissioned by Developer. Additionally, Developer shall indemnify and/or reimburse SA and/or the City for any costs SA or the City incurs for its participation, including but not limited to, responding to subpoenas or providing testimony for any claim, demand. or cause of action, or any action or other proceeding, whether meritorious or not which is asserted against Developer, Developer's agents and assigns, and Developer's contractors or employees; provided, however, that no Indemnified Party shall be entitled to indemnification under this Section for any matter caused by such Indemnified Party's gross negligence or willful misconduct or for any matter arising from the discovery ofany pre-existing condition upon the Site. In the event any action or proceeding is brought against an Indemnified Party by reason of ac claim arising out of any loss for which Developer is obligated to indemnity, defend or hold harmless the Indemnified Party, and upon written notice from such Indemnified Party, Developer shall, at Developer's sole expense, answer and otherwise defend such action or proceeding. The provisions of this Section shall survive the expiration or termination of this 13. Notices. Notices required hereunder shall be in writing and sent to the following addresses, or such othera address as a Party may designate by written notice, and shall be deemed effective when: () personally delivered; (ii) deposited in the U.S. Mail with postage prepaid, registered or certified and return receipt required; or (ii) sent by reputable overnight carrier that  bes satisfactory to SA, Developer, OB, and DOF.  conditioned in SA's sole and absolute discretion.  Agreement.  provides proof of delivery.  Page 8 of25 Purchase and Sale Agreement APNS 190.270-01,03,05,06    Successor Agency:  City of Arvin Successor Agency Attn: JeffJones, Executivel Director 200 Campus Drive Arvin, CA 93203  Developer:  Arvin Walnut Properties, LLC clo Ted Moore, E.F. Moore & Company 226 W. Ojai Avenue; Suite 101-537 Ojai, CA 92023 Email: ed@etmooreco.com State Foods Markets Attention: Mike Alamsi, President 237 Academy Avenue Sanger, CA93657 Email: mike@statefoods.net With a copy to: State Foods Markets Mike President 1216Los Cantos Arvin, CA93203  Alamsi, Drive  14. Miscellaneous Provisions.  a. California Public Records Act. SA agrees, to the maximum extent permitted by the California. Public Records. Act(Government Code Section 62536 etseq.), the city of Arvin's Records Retention Schedule, Government Code Section 34090, or other applicable local, state or federal disclosure laws (collectively, "Public Disclosure Laws"), to keep confidential all proprietary financial and other information submitted by Developer to SA in connection with Developer's satisfaction of its obligations under this Agreement and any Conveyance Instrument (collectively, "Confidential Information"). Notwithstanding the preceding sentence, SA may disclose Confidential Information to its officials, employees, agents, attorneys and advisors, but only ifand to the extent necessary to carry out the purpose for which the Confidential Information was disclosed consistent with the rights and obligations provided for hereunder and may disclose such information in response to a request for public records under the Developer acknowledges that SA/City has not made any representations or  Public DisclosureLaws, as providedb below.  Page 9 of25 Purchase and Sale Agreement APNs 190.27-01,03,05,06    warranties that any Confidential Information SA/City receives from Developer will be exempt from disclosure under any Public Disclosure Laws. In the event the City Attorney/Agency Counsel determines that the release of any Confidential Information is required by Public Disclosure. Laws, orl by order ofa court of competent jurisdiction, SA/City shall, within five (5) business days of delivery of the request, notify Developer in writing of Successor. Agency's/City's intention to release some, none or all of the Confidential Information sO that Developer has the opportunity to evaluate whether to object to said disclosure and/ortoo otherwiset take whatever steps it deems necessary or desirable toj prevent disclosure, provided that SA/City shall not be liable for any damages, attorneys' fees and costs for any alleged failure to provide said notice. If the City Attorney/Agency Counsel, in his orl her discretion, determines that onlyaportion of the requested Confidential Information is exempt from disclosure under the Public Disclosure Laws, City/SA may redact, delete or withhold such information from disclosure. However, thei remaining portion ofthe Confidential Information that is not exempt from disclosure under thel Public Disclosure Laws b. Governing Law. This Agreement shall be governed by the laws oft the State of California. Venue shall bei in] Kern County. Should any action bei filed concerning this Agreement, said action shall bei filed in the Kern County Superior Court. Exhibits and Recitals. All Exhibits and Recitals included herewith are incorporated into this Agreement by reference as if fully set forth herein. d. Modification. This Agreement may be amended or modified only by a written Severability. The invalidity of any portion oft this Agreement shall not affect the validity of the remaining portions, which shall remain ini full force and effect. No' Third-Party Beneficiary. This Agreement is made and entered into for the sole protection and benefit oft thel Parties. No other person shall have any rightof Headings. Thel headings includedi int this Agreement are for convenient reference only and shall not affect the interpretation ofthis Agreement. h. Waiver. The failure ofal Party to enforce any right hereunder will not constitute a waiver of any right or damages. No waiver, benefit, privilege, or service voluntarily given or performed will establish any contractual right by custom, Time. The Parties agree that time is of the essence with respect to performance  shall be disclosed.  instrument signed by both Parties.  action based upon any provision oft this Agreement.  estoppel, or otherwise.  ofall obligations under this Agreement.  Page 10 of25 Purchase and Sale Agreement APNs 190-270-01,.03,05,06    Entire Agreement. This Agreement contains the entire agreement oft the Parties with respect to the Site, and supersedes all prior negotiations, understandings or k. Execution. This Agreement may be executed in counterparts, which together shall compose a single instrument. A Party's signature transmitted by facsimile Brokerage Commissions: SA represents that it has engaged Kosmont Real Estate Services as its broker ("Broker") in connection with the potential sale of the Site and the transaction contemplated hereunder. Agency may approve modifications in brokerage services as agreed by and between the Parties and  agreements as to the subject matter herein.  ore electronic mail shall be valid and effective.  Broker.  [Signature Page Follows]  Page 11 of25 Purchase and Sale Agreement APNS 190.270-01,03,05,06    IN WITNESS WHEREOF, the Parties have caused this Agreement tol be executed' by their duly  authorized officers as oft the date first appearing above.  Datet  SUCCESSOR AGENCY TO THE. ARVIN COMMUNITY  REDEVELOPMENT AGENCY  By:  Jeffrey Jones Successor Agency Manager ARVIN WALNUTI PROPERTIES, LLC  Date:  By:  Edwin F. (Ted) Moore Managing Member STATE FOODS MARKET  Date:  By:  Ahmed Alamsi Title: President  Approved as to Form: HODGES LAWO GROUP  By:  Nathan M. Hodges, Attorney for Successor. Agency  Escrow Agent Acceptance: Received and accepted this Date" for purposes hereof, Escrow No. Fidelity National Title Company Lisa Figgins, Escrow Agent  day of  2024, which date is the "Opening  Page 12 of25 Purchase and Sale Agreement APNs 190.270.01,03,05,06    EXHIBIT A  DESCRIPTION OF PROPERTY  For APN/Parcel ID(s): 190-270-01-00, 190-270-03-00, 190-270-05-00 and 190-270-06-00 THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF ARVIN, COUNTY OF KERN, STATE OF CALIFORNIA AND ISI DESCRIBED AS FOLLOWS: PAMCHLVOFPARCEMAFTIMPEGIOAVRCCOUNTYOIKEBKSTAITE OF CALIFORNIA, AS PER MAP: RECORDEDMAY7,9855INBOOK3,PAGES 17AND 18 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID EXCEPTING THEREFROM ALL OIL, GAS, OTHER HYDROCARBON SUBSTANCES AND MINERALS OF ANY KIND OR CHARACTER, IN ON, OR THEREUNDER, AS MESANVIDAYACOESJEMETZATAETALNDEDANCONDND APRIL2, 1979INBOOK ALL RIGHT TO THE USE OF THE SURFACE OF THE HEREINAFTER DESCRIBED LAND OR ANY OTHER PORTIONTHEREOF ABOVE. A DEPTH OF 500 FEET FOR THE PURPOSE OF DRILLING FOR OR DEVELOPING ALL MINERALS, OIL, GAS AND OTHER HYDROCARBON SUBSTANCES WITHIN OR UNDERLYING SAID LAND, PROVIDED, HOWEVER, THAT THE GRANTORS, THEIR HEIRS OR ASSIGNS SHALL HAVE THE RIGHT TO DEVELOP SUCH SUBSTANCES BY SLANT DRILLING FROM LOCATIONS ON ADJACENT LANDS AT DEPTHS OF MORE THAN 500 FEET AND IN SUCH MANNER AS NOT TO DISTURB THE SURFACE OF SAID LAND OR ANY IMPROVEMENTS THEREON WERE QUITCLAIMED BY DEEDS RECORDED AUGUST  COUNTY.  5186, PAGE: 2022 OF OFFICIAL RECORDS.  16, 1983 IN BOOK 5580, PAGE 102, OF OFFICIAL RECORDS.  Page 13 of25 Purchase and Sale Agreement APNs 190270.01,03,05,.06    6  &  Old  INNTVM  Exhibit. A-1  Page 14 of25 Purchase and Sale Agreement APNs 190.270-01,03,05,06    EXHIBIT B PROPOSED PROJECT  ATHSTREET.    BEARI MOUNTAIN BLVD  ARVIN TOWN CENTER. PROPOSEDP PLAN  Page 15 of25 Purchase and Sale Agreement APNs 190.270-01,03,05,06    EXHIBIT C(1) SPECIFICDEVELOPERTASKS Tol be Completed during thel Escrow Period  1. Within sixty (60) days after execution oft the PSA, Developer shall deliver to Successor Agency for Successor Agency staff review and approval, an organizational chart ofthe proposed Developer entity proposed to be a party to the Conveyance Instrument. 2. Within sixty (60) days after execution of the PSA, Developer shall submit a preliminary Sitel Plan. Thej parties anticipate thatt the Sitel Plan & Development Program willl bei further refined during the term of this PSA, as part of the Conveyance Instrument negotiations, which is herein defined as specifying the conceptual framework to guide the overall development tofthel Project, the approved land uses ont thel Property, including generalized area of building pads, height of structures, total square footage, and the conceptual parking and circulation system for the Property. Assuming the parties enter into a Conveyance Instrument and Developer decides to pursue the Project, Developer will then prepare the preliminary design plan ofthel Project, including building elevations and design themes, as reasonably required by Successor. Agency/City, sufficient, to the extent feasible and practicable, to allow Successor. Agency/City to evaluate architectural design and similar issues as part oft thel Project's land use entitlement process. 3. Within (45) days aftert the execution of1 thel PSA, Developer shall deliver to the Successor Agency a disclosure of the Developer's principals, partners, joint ventures, and consultants that will be materially involved in the acquisition and development of the 4. Withinn ninety (90) days after execution ofthel PSA, Developer shall submit aj preliminary proforma showing the following preliminary information: an operating income and expense estimate, an estimated budget for development and construction of the Project, estimated pricing ranges, projected range of Project value at completion, and relevant market validation (e.g., benchmark cap rates) shall be provided to Agency/City. Said proforma should also show thej preliminary estimated economic benefits to Agency/City foratleastat ten(IOyearperiod: after completionofthel Project withi respectt tot thej payment for the Property, all taxes and fees, property tax revenue generation, and an estimate of anticipated construction and permanent jobs, as appropriate. Provided, however, that the parties acknowledge and agree that said proforma shall be based on information reasonably available during the term of the PSA and shall reflect the parties' 5. Within one hundred twenty (120) days after the execution of the PSA, Developer shall deliver to the Successor Agency for Successor Agency staff review and approval, a preliminary financing plan (including preliminary deal structure, development entities, financing sources and methods, interest letters from specific construction lender(s) or mezzanine equity provider(s) (as may be available)), financial statements, operating or partnership agreements and/or other information, for the purpose of documenting, to  Property.  understanding that such information is preliminary in nature.  Page 16 of25 Purchase and Sale Agreement APNs 190.270-01,03,05,06    Successor Agency's/City's reasonable satisfaction, including an updated financing plan before thej parties approve the Conveyance Instrument, evidence of Developer's financial 6. Within onel hundredi twenty (120) days after execution ofthe PSA, Developer shall obtain and review al Phaselenvironmental (hazmat) report for thel Popetvyamalifrsommendal by the Phase I, Developer shallj promptly obtain al Phase II report subject to entering into a reasonable right of entry agreement with the Successor Agency. Developer shall 7. Prior to the expiration of the Escrow Period, Developer shall submit to the Successor Agency a schedule of development setting forth the proposed timetable for the commencement, substantial completion, and final completion of the Project (the 8. City/Successor Agency reserves the right to and may reasonably request any additional documentation, including additional reports, studies, analyses, and other information, from Developer in order to negotiate the Conveyance Instrument as contemplated hereunder. Upon receiving such a request, Developer shall provide such additional documentation to City/Successor Agency pursuant to a mutually agreed upon deadline.  capacity toj proceed with the contemplated transaction.  promptly deliver copies to the Successor. Agency when delivered.  "Development Schedule").  Page 17of25 Purchase and Sale. Agreement APNs 190-270-01,03,05,06    EXHIBIT C(2)  SPECIFIC SUCCESSOR AGENCYTASKS To be completed during thel Escrow Period  1. Within thirty (30) days after the execution of the PSA, Successor Agency shall provide toD Developer copies ofall currently existing plans, studies, and other written information regarding the Property in its possession, to the extent not previously delivered to Developer and to the extent material to thel Project and not subject to any attorney-client 2. Suçcessor Agency/City shall use good faith efforts to prepare and process any required CEQA. Documents as soon as reasonably possible after submission by Developer of a complete development application and payment of applicable fees/deposits. 3. Within Sixty (60) days after the execution oft the PSA, Successor Agency shall provide initial draft of the Conveyance Instrument to Developer and shall thereafter revise it to 4. Successor. Agency shall obtain and review aj preliminary title report for thel Property from  or attorney work product privilege or other privilege.  the extent reasonably permitted by the negotiations. atitle company selected by the Successor Agency.  Page 18 of25 Purchase and Sale. Agreement APNs 190.270-01,03,05,06    EXHIBIT D  COVENANT DISCLOSING AFFORDABLE HOUSING RESTRICTION  RECORDING REQUESTED BY AND WHEN RECORDED MAILTO:  City of Arvin Address City State Zip Attn: City Manager No fee forr recording pursuant to Government Code Section 27383  (Space above for Recorder'sUse)  AFFORDABLE HOUSING DECLARATION OF RESTRICTIVE COVENANTS  (Restrictive Covenant Required by the Surplus Lands Act,  Government Code Section 54233)  This Affordable Housing Declaration of Restrictive Covenants (the Declaration" or "Restrictive Covenant") is made by the City of Arvin as Successor Agency to the Arvin Community Redevelopment Agency, a California Public Agency ("SA") and with reference to the following  facts:  RECITALS  A. SA is the owner of an approximately  acre parcel of real property located at  Arvin, California, identified as Kern County Assessor's Parcel No. and more particularly described by the legal description that is attached hereto and incorporated herein by this reference as Exhibit A, which together with all rights, privileges, easements and appurtenances thereto, including, without limitation, all mineral and water rights, all permanent improvements and SA's personal property, fixtures, furniture and/or furnishings located thereon at close ofescrow, are hereinafter collectively referred to as the "Property." The Property is located in the City of Arvin, and all  entitlements for use will be granted by the City of Arvin.  B. On C.On  20 the Board ofI Directors oft the SA ("Board") adopted Resolution No. SA provided the Notice of Availability of surplus property required by  declaring the Property as surplus.  the Surplus Land Act (the "Act" (Government Code section 54222 et seq.)) to the entities Property from an entity required by the Act to receive notice. The SA complied fully with  specified therein. SA received  timely notice expressing interest in purchasing the  the Act  Page 19 of25 Purchase and Sale Agreement APNs 190.70.01,0,05,06    D. On  20 - SA staff notified the Department of Housing and Community  Development (HCD) of SA's compliance with the Act as required by Government Code E. HCD's 30-day period to comment on SA's compliance with the Act process has expired with comment regarding the form of the restrictive covenant being received from F. The SA's Board, by at least a two-thirds vote of all of its members, adopted on Property (the "Resolution of Intent"), which set forth all terms and procedures for sale by the SA oft the Property, including the issuance ofa Request for Proposals ("RFP"). G. Section 54233 oft the Act requires that ift the SA does not agree to price and terms with an entity to which notice and an opportunity to purchase orl lease are given and disposes ofthe Property to an entity that uses the Property for ten or more: residential units, the SA shall record a covenant or restriction against the Property prior to approval of any land use entitlements that requires that not less than fifteen (15) percent of any residential units be Affordable Units. This Covenant isi intended to comply with the requirements of Section 54233 and to implement the policies and programs ofthe City of Arvin's adopted Housing  section 54230.5.  HCD, thus allowing SA to proceed with this RFP process.  20 Resolution No.  declaring the SA's intention to sell the  Element ofthe General Plan.  TERMS  NOW, THEREFORE, SA hereby declares that the Property is, and shall be, held, conveyed, hypothecated, encumbered, leased, rented, used and occupied subject to the following Restrictive Covenants, all of which are declared and agreed to be in furtherance of the Surplus Land. Act. These restrictions shall run with the land and shalll bel binding on andi inure tot thel benefit ofall parties having or acquiring any right, title or interest in the Property or any part thereof, are for the benefit ofthe Property and shall be binding on and inure to thel benefit oft the successors in The foregoing recitals are hereby incorporated by reference and made part ofthis Declaration.  interest ofs such parties unless otherwise set for the hereinafter.  ARTICLEIDEFINITIONS AND EXHIBITS  Section 1.1 Detinitions. In addition to those terms defined in the Recitals, the terms listed here a. "Affordable Ownership Price" means a sales price that includes a reasonable down payment and results in a Monthly Housing Payment during the first calendar year of a household's occupancy that (i) for Low Income Households, is equal to or less than one- twelfth (1/12) of thirty percent (30%) of seventy percent (70%) of Area Median Income, as adjusted for Assumed Household Size; and (ii) for Very Low Income Households, is equal to or less than one-twelfth (1/12) of thirty percent (30%) of fifty percent (50%) of  have the following meanings in this Agreement:  Page 20 of25 Purchase and Sale Agreement APNs 190-270.01,03,05,06    Area Median Income, as adjusted for Assumed Household Size, as calculated consistent b. "Affordable Ren!" means monthly Rent that (i) for Low Income Households, is equal to orl less than one-twelfth (1/12) of thirty percent (30%) of sixty percent (60%) of Area Median Income, as adjusted for Assumed Household Size; and (ii) for Very Low Income Households, is equal to or less than one-twelfth (1/12) of thirty percent (30%) of fifty percent (50%) of Area Median Income, as adjusted for Assumed Household Size, as calculated consistent with Health & Safety Code Section 50053. Ifa tenant receives Section 8 housing assistance payments, the "Affordable Rent" requirement shall apply to the C. "Affordable Price" means either Affordable Ownership Price or. Affordable Rent. d. "Area Median Income" means the median income applicable tol Kern County, adjusted for actual household size, as published annually by the California Department of Housing and. Community Development in' Title 25, Section 6932 oft the California Code of Regulations (ors successor provision) pursuant to California Health and Safety Code Section 50093(c). "Assumed. Household Size" means one person in a studio dwelling unit, two persons in a one-bedroom dwelling unit, three persons in a two-bedroom dwelling unit, and one "Developer" means aj party who purchases the Property and constructs Residential Homes thereon, and any successor, heir, or assign oft the Developer, whether a change in interest occurs voluntarily or involuntarily, by operation of law or otherwise, except as expressly "Eligible. Household" means al household that is al Low-Income Household or a Very Low- h. "Low. Income Household" means al household whose annual household income does not exceed the! low-income limits applicable to Kern County as published annually pursuant to Title 25, Section 6932, of the California Code of Regulations (or its successor provision) by the California Department of Housing and Community Development. "Monthly Housing Paymen!" includes monthly payment of mortgage interest and principal, property taxes, mortgage insurance, homeowner's insurance, homeowners' association dues, assessments paid byl homeowners, and ai reasonable: allowance for utilities "Ren!" means the total of monthly payments required to be paid by a tenant for the following: use and occupancy of an Affordable Unit and associated facilities, including parking;any separately charged fees or service charges assessed by Developer andi required to be paid by the tenant other than security deposits; utilities paid by the tenant, if any, which may include garbage collection, sewer, water, electricity, gas and other heating,  with Health & Safety Code Section 50052.5.  portion of such amount paid by the tenant.  additional person for each additional bedroom thereafter.  released by the SA. Income Household.  (excluding telephone service and cable television).  Page 21 of25 Purchase and Sale. Agreement APNs 190.270-01,03,05,06    cooking and refrigeration fuel, excluding telephone service or cable television; and any other interest, taxes, fees or charges paid by the tenant in connection with the use of the Affordable Unit or associated facilities and assessed by aj public or private entity other than k. "Term" is the period of time beginning on the date that a permanent certificate of occupancy is issued for all of the Affordable Units and ending fifty-five (55) years following that date for rental housing or forty-five (45)years for ownership housing. "Very Low-Income Household" means al household whose annual household income does not exceed the very low-income limits applicable to Kern County as published annually pursuant to Title 25, Section 6932, oft the California Code of Regulations (or its successor provision) by the California Department ofHousing and Community Development. Section 1.2 Exhibits. The following Exhibit is attached and incorporated into this Restrictive  Developer.  Covenant:  a. Exhibit A Legal Description oft the Property  ARTICLE2  AFFORDABIITY AND OCCUPANCY COVENANTS  Section 2.1 Affordable Housing Requirements.  a. Affordable Units. If10 or more dwelling units are developed on thel Property, not less than fifteen percent (15%) oft the total residential units developed on the Property shall be sold or rented at an Affordable Price to Eligible Households. The Affordable Units shall be used only as residences for the Term of this Agreement. Rental units shall remain affordable to and occupied by lower income households for a period of 55 years for rental housing and 45 years for ownership housing. The initial occupants of all ownership units shall be lower income households, and the units shall be subject to an equity sharing agreement consistent with the provisions of paragraph (2) of subdivision (c) of65915 of the California Government Code. These requirements shall be covenants or restrictions running with the land and shall be enforceable against any owner who violates a covenant or restriction and each successor-in-interest who continues the violation by any of the entities described in subdivisions (a) to (), inclusive, of Section 54222.5 of the California b. Satisfaction ofAffordable. Housing Requirements. The affordable housing requirements contained in this Restrictive Covenant shall be satisfied with respect to thel Property when: (a) the Developer constructs, or causes to be constructed, and completes the construction oft the Affordable Units meeting the requirements oft this Agreement; and (b) fort the Term ofthis Agreement, Developer sells or rents all Affordable Units to Eligible Households at an Affordable Ownership Price or Affordable Rent, as applicable, in compliance Section  Government Code.  2.1(a) above.  Page 22 of25 Purchase and Sale Agreement APNs 90270.01,03,05,.06    Recordation of Restrictive Covenant. Concurrently with close of escrow on sale of the Property to the Developer, or prior to receipt of any entitlement for use from the City of Arvin, whichever occurs first, this Declaration shall be duly executed by the SA and recorded against the Property in the Official Records of the County of Kern, consistent  with the requirements of Section 54233 oft the Act. Section 2.2 Term and Release of Property from Agreement.  a. Term. The provisions of this Agreement shall apply to the Property for the entire Term unless released as described in subsection (c) below. This Declaration shall bind any successor, heir, or assign oft the Developer, whether a change in interest occurs voluntarily ori involuntarily, by operation of law or otherwise, except as expressly released by the SA. The SA intends tos sell thel Property on the condition, and in consideration of, this provision, b. Covenant Running with the Land. The covenants and conditions herein contained shall apply to and bind, during their respective periods of fee ownership, Developer and its heirs, executors, administrators, successors, transferees, and assignees having or acquiring any right, title, or interest in or to any part of the Property, whether by operation of1 law ori in any manner whatsoever, and shall run with and burden the Property for the Term of this Declaration until terminated in accordance with this Section. All of the provisions ofthis Declaration shall be enforceable as equitable servitudes and shall constitute covenants running with the land pursuant to applicable laws, including without limitation Section 1468 oft the California Civil Code. Each covenant to do, or to refrain from doing, some act on the Property hereunder (a) is for the benefit of the Property and is a burden on the Property, (b) runs with thel Property, and (c) is binding upon each party and each successive owner during its ownership oft the Property or any portion thereof, and shall be: al benefit to and a burden upon each party and the Property hereunder and each other person or entity  and would not do SO otherwise.  succeeding in an interest to the Property. Release of Restrictive Covenants.  Upon completion ofall oft the Affordable Units, ifa any, and the sale or rental ofall of the Affordable Units at Affordable Ownership Price or Affordable Rent, as applicable, tol Eligible Households, the SA shall release all portions oft the Property except the parcels occupied by the Affordable Units from the burdens of this Agreement within thirty (30) days following written notice from the Developer, if att the time the Developer is in compliance with all terms of this Declaration. ii. Prior to the expiration of the Term, Developer shall provide all notifications required by Government Code Sections 65863.10 and 65863.11 or successor provisions and any other notification required by any state, federal, or local law. iii, Upon the expiration of the Term, SA shall execute and record a release of all portions ofthe Property from thel burdens ofthis Declaration within thirty (30) days following written notice from the Developer, if at the time the Developer is in  Page 23 of25 Purchase and Sale Agreement APNs 190.270-01,03,05,06    compliance with all terms of this Agreement, including without limitation Developer's compliance with subparagraph (c)(ii) of this Section.  Section 2.3 Nondiserimination. Developer shall not discriminate against persons or groups of persons on account of race, color, religion, creed, sex, sexual orientation, marital status, familial status, ancestry or national origin in the use, sale, transfer, occupancy, lease, tenure or enjoyment oft the Property, nor shall Developer or any person claiming under or through Developer establish or permit any such practice or practices of discrimination or segregation with respect to use or  occupancy oft the! Property.  ARTICLE3DEFAULT AND REMEDIES  Section 3.1 Default. The SA may exercise any and all remedies available to it for violation oft this Declaration, including but not limited to: (a) instituting against the Developer, or other parties, a civil action for declaratoryi relief, injunction or any other equitable relief, or reliefatl law,i including without limitation an action to rescind a transaction and/or to require repayment of any funds received in connection with such a violation; and (b) where one or more persons have received financial benefit as ai result ofa violation ofthis Declaration, the SA may assess, and institute legal action toi recover as necessary, aj penalty in any amount up to and including the amount off financial benefit received, in addition toi recovery ofother benefits received; (c) prosecuting ai misdemeanor against any person who has violated the Surplus Land Act; and (d) any other remedies authorized Section 3.2 Enforcement by Third Parties. As required by Section 54233 ofthe Act, any default in the Developer's obligations pursuant to this Declaration shall also be enforceable against the Developer by anyofthee entities described in subdivisions (a) through (), inclusive, ofGovernment Section 3.3 Remedies Cumulative. No right, power, or remedy given isi intended tol be exclusive of any other available right, power, or remedy; but each and every such right, power, or remedy shall be cumulative and shall bei in addition to every other right, power, or remedy given to the SA now or hereafter existing at law, in equity, or by statute or ordinance. Neither the failure nor any delay on the part of the SA to exercise any such rights and remedies shall operate as a waiver thereof, nors shall any single or partial exercise by the SA ofany suchi right or remedy preclude any other or further exercise ofs such right or remedy, or any other right or remedy.  by law.  Code Section 54222.5.  ARTICLE 4 GENERAL PROVISIONS  Section 4.1 Interpretation. The terms of this Declaration shall be interpreted SO as to insure to the maximum extent possible that the Affordable Units are used for affordable housing and are Section 4.2 Title of Parts and Sections. Any titles of the sections or subsections of this Declaration are inserted for convenience only and shall be disregarded in interpreting any part of  occupied by Eligible Households.  the Declaration's provisions.  Page 24 of25 Purchase and Sale Agreement APNs 190270.01,03,05,.0    Section 4.3 Governmental Standards. In the event any standard established and maintained by any governmental agency which is necessary to give effect to this Declaration ceases to exist, and no comparable replacement is issued, the SA shall create a replaçement standard formula and factors previously used to create the discontinued standard. Section 4.4 Authority. This Declaration has been executed and delivered by persons who are authorized to execute and deliver the same for and on behalfo ofSA Section 4.5 Survival; No Merger. All of the terms, provisions, representations, warranties and covenants ofl herein shall survive the close of escrow ofanys sale oft the Property or the. Affordable Units and shall not be merged in any deed transferring the Property or the Affordable Units. Section 4.6 Severability. In the event any limitation, condition, restriction, covenant, or provision contained herein is to be held invalid, void, or unenforceable by any court of competent jurisdiction, or if any provision herein is rendered invalid or unenforceable California statute which became effective after the date of recordation, the remaining pursuant portions any of this Declaration shall nevertheless remain in full force and effect.  the utilizing duly  to  Date:  CITY OF ARVIN, AS SUCCESSOR AGENCY TO THE. ARVIN COMMUNITY REDEVELOPMENT AGENCY, ACALIFORNIA PUBLIC AGENCY  By: Name: Title:  Page 25 of25 Purchase and Sale. Agreement APNs 190.70.01,03,-05,06