AR CALIFORNIA - es Incorporated Dec. A 232  SPECIAL MEETING AGENDA  OFTHE  ARVIN CITY COUNCIL/SUCCESSOR AGENCY TO THE ARVIN COMMUNITY REDEVELOPMENT AGENCY/ARVIN HOUSING AUTHORITY ARVIN PUBLIC FINANCING AUTHORITY  TUESDAY NOVEMBER 26, 2024 5:00 p.m. CITY HALL COUNCIL CHAMBERS 200 CAMPUS DRIVE, ARVIN  CALL TO ORDER PLEDGEOFALLEGIANCE  Mayor Daniel Borreli  INVOCATION ROLLCALL  Daniel Borreli Susana Reyes Donny Horton Tim Tarver  Mayor Mayor ProTern Councilmember Councilmember  STAFF  Jeff. Jones NathanHodges Cecilia Vela  City Manager / Finance Director City Attorney Hodges Law Group  City Clerk    0,    1. APPROVAL OF AGENDA AS TO FORM. Roll Call: CM Tarver CM Horton. MPT Reyes  Mayor Borreli  2.ACTION ITEM(S)  A. Consideration, Discussion, and Possible Approval of Grants Manager Employment Agreement (Mayor Borreli and CM Horton) (Human and Community Resources Manager to provide staff report)  Staff recommends that this item not be approved at this meeting but should be  considered at an upcoming meeting  Roll Call: CM Tarver CM Horton MPT 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. (Mayor Borreli and CM Horton) (City Manager to provide staff report)  Motion  Second  Vote_  Staff recommends that this item not be approved at this meeting but should be  considered at an upcoming meeting  Roll call: CM Tarver_  CM Horton_  MPT Reyes_  Mayor 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 Execute the Quote from Flock Group, Inc. for a two-year Subscription Purchase of Fifteen (18) Flock Safety Falcon Cameras and Related Technology in the Amount of $109,550.00, and Authorizing the Purchase based on the Sole Source Exemption of City of Arvin Purchasing Policy. (Mayor Borreli and CM Horton) (Chief of Police to provide staff report)  Arvin City Council Special Meeting Agenda- - November 26, 2024  Page lof3    Staff recommends that this item not be approved at this meeting but should be  considered at an upcoming meeting  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) (Human and Community Resources Manager to provide staff report) Staff recommends that this item not be approved at this meeting but should be  considered at an upcoming meeting  Motion Roll Call: CM Tarver  Second  Vote  CM Horton, MPT Reyes  Mayor Borreli  E. Approval of a Resolution of the City Council of the City of Arvin (1) Declaring Central Natural Gas (CNG) Station as Surplus and (2) Directing the City Manager to Authorize Sale of the Equipment (Mayor Borreli and CM Horton) Staff recommends that this item not be approved at this meeting but should be  (Transit Manager to provide staff report) considered at an upcoming meeting  Motion Roll Call: CM Tarver  Second  Vote  CMI Horton MPT Reyes  Mayor Borreli  F. Approval and Adoption of the 2024 Christmas Parade and Related General Fund Budget Adjustment in the Amount of Approximately $8,039.32 (Mayor Borreli and CM Horton) (Human and Community Resources Manager to  provide staff report)  Motion Roll Call: CM Tarver  Second  Vote  CMI Horton MPT Reyes  Mayor Borreli  Arvin City Council Special Meeting Agenda- - November 26, 2024  Page 2of3    3. CLOSED SESSION ITEM(S)  A. THREAT TO PUBLIC SERVICES OR FACILITIES (Government Code Consultation with: City Manager and/or City Attorney. (one item)  $54957(a).)  4. ADJOURNMENT  Ihereby certify under penalty of perjury under the laws of the State of California that thet foregoing agenda was posted on the Arvin City Council Chambers Bulletin Board not less than 24 hours prior to the meeting. Dated November 25, 2024 at 5:30 pm.  Jeff Jones, Deputy City Clerk  Arvin City Council Special Mceting Agenda - November 26, 2024  Page: 3of3    CITY OF ARVIN Staff Report  Meeting Date: November 26, 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 ovèr $44,000,000 in In the last year, the Grants Manager has collaborated with community groups, institutes ofl 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 oft the city in securing funding for many  funding benefiting the City of Arvin.  community.  projects throughout her tenure. STAFF RECOMMENDATION: for consideration at an upcoming meeting.  The recommendation is for Council is to not consider this item at this meeting, but to schedule it    FINANCIAL IMPACT:  Annual salary of $110,000 with an option ofa 5% merit increase of $5,500 for the second year of the contract. Please note this position has an annual salary that is somewhat cost-recoverable with grant funding and, in turn, has a minimal impact on the city's total personnel budget. In addition, this is not ai new position and has been al budgeted position since class inception in 2022. This contract provides an increase of $12,261 from the most current employment  agreement which was approved in August of2022. ATTACHMENTS: Grants Manager Employment Agreement Grants Manager Jobl Description    AGREEMENT NO. 2024-  GRANTS MANAGER EMPLOYMENT AGREEMENT  This Employment Agreement ("Agreement")i is made and entered into and effective on the 3rd day of September 2024 by and between the City of Arvin ("City"), a California municipal corporation, and Christine Viterelli ("Employee"). City and Employee are sometimes referred to  ini 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"): isi 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 ini the City's best interest at this time to pursue employment of Employee as Grants Manager in accordance with the applicable provisions ofthe City'sl Municipal Code and as otherwise provided by law. Employee wishes to accept employment as Grants Manager and is  City's personnel 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 oft 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 it is appointing and/or hiring Employee as Grants Manager effective September 3rd, 2024 ("Effective Date") pursuant to the terms and conditions of this Agreement. Employee shall remain in the exclusive hire of City during the term of this Agreement and shall neither accept other employment nor become employed by any other employer until the end oft the Term or earlier termination of this Agreement. 3. ATWILPENPLOYMEN: Employee acknowledges he is employed at the pleasure of the City Manager and is thus an at-will employee. The terms of the City's personnel rules, policies, procedures, ordinances, or resolutions (collectively "Personnel Policies") shall not apply to Employee unless made expressly applicable to Employee. Nothing in this Agreement is intended to, or does, confer upon Employee any right to any property interest in continued employment, or any due process property right to a hearing before or after a decision by the City Manager to terminate his employment, including any so-called  herein verbatim.  Page 1of23  GRANTS MANAGER EMPLOYMENT AGREEMENT    due process pre-disciplinary "Skelly" meeting, except that the City must terminate Employee int thei manner set forth in Section 7 below. Nothing contained in this Agreement shall in any way prevent, limit, or otherwise interfere with the right oft the City to terminate the services of Employee as provided in Section 7 of this Agreement. Nothing in this Agreement shall prevent, limit, or otherwise interfere with the right ofl Employee to resign at any time from this position with City, subject only to the provisions set forth in Section 4. DUTIES. GRANTS MANAGER. Employee accepts employment with the City as its Grants Manager and agrees to perform all functions, duties and services set forth the job description for the Grants Manager position attached hereto as Exhibit *A," and those duties that are otherwise legally permissible and proper as required by law and as the City 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 oft this Agreement shall be for two years 6. SALARY AND BENEFITS. Employee' salary and other benefits for all work or  7ofthis Agreement.  Manager shall assign from time to time.  Employment except with the consent of 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 forar merit-based pay increase up to 5% of her annual salary after successfully completing 1 year of service following performance evaluation. Such a merit-based salary increase shall be awarded at the 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 perpay 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 of 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 fora 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 ofEmployee'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 ofc official duties, including but not be limited to any oft 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 tot the City,unauthorized or excessive absences. ii. Af 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 prior tot terminating this Agreement "for cause."  terminated as follows:  iv. Employee' death.  V. Employee' permanent disability ifsuch 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  %. Violation oft the Clty'santi-harassment policies and/oraf finding that legally prohibited personal acts of 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 ofillegal drugs,  xiii. "Abuse ofoffice or position" as defined in Government Code $53243.4(i.e., waste, fraud, and violation of the law under color of authority and crimes against public justice, including crimes involving bribery and corruption).  For any of the foregoing, the City may, in its discretion, place Employee on paid or unpaid administrative leave until resolution. In order to comply with the requirements of California Government Code section 3304(c), at termination by the 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 with both the information and documents on which the City based its decision to terminate for cause, as well as any information and documentation that the Employee chooses to submit to challenge the City'sinformation: and documents toi 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 5of23  GRANTS MANAGER EMPLOYMENT AGREEMENT    review and consideration oft the advisory decision, Employee shall be notified in writing as 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 ifnecessitated by changes to statutory or regulatory requirements, orifdoing sO will preclude a violation 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.F 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 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 of1 her employment  to whether the advisory decision will be upheld, modified, or rescinded.  orl local law.  circumstances regarding the termination.  set forth in Section 5.  and the expiration of this Agreement.  - Confidential Information. "Confidential Information" shall include, but not be limited to, all information or material that Employee learns of or obtains during her employment with City that is or was confidential or privileged by virtue of it having been discussed or presented in a duly- noticed closed session meeting of the City Council, or otherwise privileged and/or confidential under applicable law, including but not limited to  Page 6 of23  GRANTS MANAGER EMPLOYMENT AGREEMENT    personnel information, information pertaining to on-going 01 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 jobi 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 ofthis Agreement.  G. Severance. In the event that Employee is terminated "Without Cause," she shall  be entitled to severance pay as follows:  An amount equal to 45 days of pay. days) post-separation.  Continued Health Insurance benefit coverage for three pay periods (42  The severance pay will be in addition to pay accrued, but not remitted, prior to the notice of termination, and any accrued PTO. The severance: rights provided in this Paragraph 7(G) shall constitute the sole and only entitlement of Employee with respect to severance pay in the event of the termination other than for cause or by expiration oft this Agreement. Employee expressly waives any and all other rights with respect to severance pay except as provided herein, including any and all rights he may have to a separation payment pursuant to any joint powers insurance authority memorandum ofliability coverage then in effect. Any and all severance rights are conditioned upon and in consideration for execution of the Standard "Agreement of Separation, Severance, and General Release" attached hereto in  form only as Exhibit "B."  8. INDEMNIFICATION. City shall defend, save harmless and indemnify Employee from any and all demands, claims, suits, actions, or other legal proceedings ("Claims") brought against him in her individual capacity or in her official capacity as Grants Manager, provided the Claims arise while Employee is acting within the scope of her employment and provided, she did not act or fail to act because of actual fraud, corruption or malice. The provision shall not extend to claims brought by City itself or where indemnity is  otherwise prohibited by law.  Page 7of23  GRANTS MANAGER EMPLOYMENT AGREEMENT    9. - PERFORMANCE EVALUATION. City Manager evaluate Employee at least one (1) time each year during the pendency of this Agreement. Employee shall be responsible for initiating the evaluation. The City Manager may conduct more frequent performance A. Written Summary. The City Manager may, at his/her sole discretion, elect to provide a written summary ofe each performance evaluation tol Employee within two (2) weeks following the conclusion of the review and evaluation process. B. No Grievance or Appeal. Grievance or appeal of performance evaluations is not permitted. Employee may, 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'sp 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  Employee Christine Viterelli 200 Campus Drive Arvin, California 93203  Mayor, City of Arvin 200 Campus Drive Arvin, California 93203  Either party may change her or its address by providing written notice to the other party in  the manner described herein. 11. GENERAL PROVISIONS.  A. Entire Agreement. This Agreement constitutes the complete understanding between the Parties, is fully integrated, and supersedes all prior agreements, promises, representations, or inducements, no matter their form, concerning the subject matter of this Agreement. No subsequent agreements, promises, representations, or inducements will be binding unless recorded in a written document, which specifically references this Agreement and is signed by the Parties or their authorized representatives. The Parties acknowledge that this Agreement may be used as evidence in any subsequent proceeding in which either Party alleges al 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 affect in any way the meaning orinterpretation C. Severability. If any provision contained in this Agreement is held invalid or unenforceable by a court of competent jurisdiction, the remainder of this Agreement  its terms, provisions, obligations, or as compelled by law.  ofa any oft the terms or provisions oft 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 init. 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.V 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 ofthis Agreement on the part of the other party. H. Attorneys' Fees. Ifeither 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 to 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 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 ift the 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 ofa local agency, such as Employee that provides funds for  full force and effect.  and obligations hereunder.  ofCalifornia for the County ofE 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 crimeinvolving an abuse ofhis orl her office or position. Government Code section 53243.3 states that on or after. January 1,2012, ifa 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. 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 of a crime involving an abuse of] Employee's office or position. K. Independent Legal Advice. City and Employee represent and warrant to each other that each has received legal advice from independent and separate legal counsel with respect to the legal effect 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 thereofis 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 ofexample 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 ofthis Agreement shall inure to the benefit of,  involving the abuse ofhis or her office or position.  waiver or estoppel.  of this 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 the plural. This Agreement may be executed in any number of counterparts, each of which N. Non-Interest. With the exception of Employee, no officer or employee oft the City shall hold any interest ini 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 of the date written below.  Dated:  CITY OF ARVIN  By:  JEFF JONES, CITY MANAGER  Dated:  EMPLOYEE By:.  CHRISTINE VITERELLI  ATTEST: By:  DEPUTY CITY CLERK  APPROVED AS TO FORM:  By:  NATHAN M. HODGES, ESQ. CITY ATTORNEY  Attachments:  Exhibit "A": Grants Manager Job Description Exhibit "B": Severance Agreement  Page 12 of23  GRANTS MANAGER EMPLOYMENT AGREEMENT    Exhibit 4A"  Grants Manager Job Description  Page 13 of23  GRANTS MANAGER EMPLOYMENT AGREEMENT    City of Arvin  GRANTS MANAGER  DEPARTMENT: FLSASTATUS: UNIT: GRADE: JOB SUMMARY  FINANCE DEPARTMENT EXEMPT UNREPRESENTED  Under general direction, coordinates and oversees the grant application and management process fori the cityi including identification of potential new funding sources, development of funding resources for existing and proposed programs and/ors 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 ori foundation standards.  DISTINGUISHING CHARACTERISTICS  The Grant Manager is a single position classification responsible for coordinating and overseeing the grant application and management process fori the city. The incumbent is expected to be fully competent to independently perform the full range of duties utilizing tact, discretion, initiative, and independent judgment. The incumbent receives only occasional  instruction or direction as new, unusual, or unique situations arise.  SUPERVISION RECEIVED AND EXERCISED  Receives supervision from the Finance Director. Incumbents in this class manage grant funded  staff members.  EXAMPLE OF ESSENTIAL FUNCTIONS (Illustrative only)  Identifies the need, drafts, and submits grant applications; works under limited supervision following standardized practices and/or methods; leads, guides, and/or coordinates others; Perform all activities to prepare and manage all grant proposals for various government Collaborates with a variety of parties (e.g. city personnel, community organizations, businesses,  and monitors budget expenditures.  agencies.  etc.) to secure funding to maintain and enhance services and/or programs.    Grant Manager Page 2of4  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 projectrecordsand; prepare all modifications to 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 tot 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 prepareaschedulet 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, if 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, specific inquiries, etc.) to the appropriate fundingagency.  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 ofawarding 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 in the awarding of grant funds,  grant administration and management. Licenses and Certifications:  Valid California driver'sl 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 of 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 al high level of customer service to the public and City staff, in  person and over the telephone.  Ability to:  Write clear, structured, articulate, and persuasive proposals to effectively apply for and 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- days supervision. Organize and communicate information and concepts effectively. Plan and manage multiple projects and assignments effectively.  receive grant awards.  persuasively toi 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 ofi 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 workingrelationships 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 and incumbents may be required to work extended hours including evenings and weekends and may be required to travel outside City boundaries to attend meetings. Position requires prolonged sitting, standing, walking; and occasional kneeling, squatting, and stooping in the performance of daily activities. While performing the duties ofthis job, the employee is regularly exposed to video display terminals. The position also requires repetitive hand movement and fine coordination in data entry and preparing reports using a computer keyboard. Specific vision abilities required by this job include close vision, distance vision, color vision, peripheral vision, depth perception, and ability to adjust focus. Acute hearing is required when providing phone and personal service. The employee must regularly lift and/or move up to 10 pounds and  occasionally lift and/or move up to 35 pounds.  HISTORY Approved by: Arvin City Council Date: June 14, 2022    Exhibit "B"  Agreement OfSeparation, Severance, And  General Release  Page 14of23  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 of 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 the NoticeofTerination (or Employee's resignation letter), the City and Employee desire that Employee separate from employment with the City and enterinto 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 of1974 ("ERISA"), and the Health Insurance Portability and Accountability Act of1996 ("HIPAA"), and of her rights under the Age Discrimination in Employment Act, and the  Older Workers Benefit Protection Act.  3. CONSIDERATION  3.1 Employee shall receive payment to him at the time ofl her voluntary separation all earned salary, accrued fringe benefits as detailed in the Employment Agreement, and/or all other wage compensation/benehits owed to Employee upon separation of employment, as required by state, federal or municipal law or any other Agreement with the City. 3.2 In exchange for the waivers and releases set forth herein, the City shall cause to be paid to Employee an additional compensatory payment as severance pay by means 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 fof 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 hereinafterreferred 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 ofthis 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 16of23  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 Codess 12,900 et seq., the Americans With Disabilities Act, Title VII of the Civil Rights Actof1964, the Public Safety Officers Procedural Bill ofl Right Act, and any other federal, state, or local human rights, civil rights, or employment discrimination or Employee rights statute, rule, or regulation. Nothing herein shall be interpreted as a release or waiverofany 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 825-825.6and  Sections 995-996.6.  4. SPECIFIC ACKNOWLEDGMENT OF WAIVER OF CLAIMS UNDER ADEA AND  OWBPA  The Age Discrimination in Employment Act of 1967 (hereinafter referred to as the ADEA"): makes it illegal for an employer to discharge any individual or otherwise discriminate with respect to the nature and privileges of an individual's employment on the basis that the individual is age forty (40) or older. The Older Workers Benefit Protection Act (hereinafter referred to as the "OWBPA," 29 U.S.C. $ 626, et. seq., Pub L 101-433, 104 Stat. 978 (1990)) further augments the ADEA and prohibitst the waiver ofa any right or claim under the. ADEA, unless thew waiveri is knowing and voluntary. By entering into this Agreement, Employee acknowledges that Employee knowingly and voluntarily, for just compensation in addition to anything of value tov 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'si rights under the ADEA and OWBPA, and of the legal significance of Employee's waiver of any possible claims Employee currently may have under the. ADEA,OWBPA: and/or: similar age discrimination c) Employee is entitled to a reasonable time of at least twenty-one (21) days within which to review and consider this Agreement and the waiver and release of any rights Employee may have under the. ADEA, the OWBPA and similar age discrimination laws; but may, in the exercise of Employee's own discretion, sign or reject this Agreement at any time before  laws;  the expiration of the twenty-one (21) days;  Page 17of23  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 This. Agreement shall not be effective until all parties have signed the Agreement and ten (10) days have passed since Employee's execution of same ("Effective Date").  Agreement;  prior to executing this Agreement;  within which to review and consider this Agreement;  revoke the Agreement;  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 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 WITHTHE 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 ofthis 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 dos 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 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: Eachj 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 it in entering into this Agreement was untrue, or that any fact was concealed from it, or that its understanding of the facts or of the law was incorrect, such party shall not be entitled to any 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 thej parties, regardless ofany claims ofmistepresentation, promise made without the intent to perform, concealment off fact, mistake of fact or law, or any other circumstance whatsoever. 7.5 Later Discovery: The parties are aware that they may hereafter discover claims or facts in addition to or different from those they now know or believe to be true with respect to the matters related herein. Nevertheless, it is the intention of the parties that Employee fully, finally, and forever settle and release all such matters, and all claims relative thereto, which do now exist, may exist or have previously existed against the City or the City Parties. In furtherance of such intention, the releases given here shall be, and remain, in effect as full and complete releases of all such matters, notwithstanding the discovery or existence of 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 the provisions oft this 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 in this Agreement.  thereto, as it deems necessary.  any additional or different claims or facts relative thereto.  Page 19 of23  GRANTS MANAGER EMPLOYMENT AGREEMENT    isr responsible, if any, as a result of Employee's receipt of the consideration referred to in Paragraph 3 oft this Agreement. In addition, Employee agrees fully to indemnify and hold the City Parties harmless for payment of tax obligations as may be required by any federal, state, or local taxing authority, at any time, as a result of the payment of the consideration 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 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 of Claims: Employee represents and warrants as ai material term oft this Agreement that Employee has not heretofore assigned, transferred, released, or granted, or purported to assign, transfer, release, or grant, any of the Claims disposed of by this Agreement. In executing this Agreement, Employee further warrants and represents that none of the Claims released by Employee thereunder will in the future be assigned, conveyed, or transferred in any fashion to any other person and/or entity.  7.11  Enforcement Fees and Costs: Should any legal action be required to enforce the terms of this Agreement; the prevailing party shall be entitled to reasonable attorneys' fees and costs in addition to any other relief to which that party may be entitled.  7.12  Authority: Each party represents to the other that it has the right to enter into this Agreement, and that it is not violating the terms or conditions of any other Agreement to which they are a party or by which they are bound by entering into this Agreement. The parties represent that they will obtain all necessary approvals to execute this Agreement. It ist further represented and agreed that the individuals signing this Agreement on behalf of the respective parties have actual authority to execute this Agreement and, by doing SO,  bind the party on whose behalf this Agreement has been signed.  Page 20 of23  GRANTS MANAGER EMPLOYMENT AGREEMENT    7.13  Unemployment: Nothing in this Agreement shall limit Employee'sabilityi 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 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 the 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: 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 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 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 oft this Agreement, as well as any instrument contemplated in connection with this Agreement, may be affected by facsimile and/or electronic transmission, and in  accordance with, and governed by, the laws oft the 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 of this Agreement shall still bei in full force and effect. terms, nor do they in any way modify the terms ofthis 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 (ifre represented):  By: Name: Title:  Page 23of23  GRANTS MANAGER EMPLOYMENT AGREEMENT    CITYOF ARVIN Staff Report Meeting Date: November 26, 2024  TO:  Arvin City Council  FROM: Jeff. Jones, City Manager  SUBJECT: Consideration and Approval of a First Amendment to the Professional Consultant  Services Agreement between the City of Arvin and DPSI Engineers, Inc. for On-Call Engineering Services in the Amount of $470,900.00 for the (1) Design of Street Construction of 4th Street between Campus Drive and Walnut Drive and (2) Design of Paving and Reconstructing of Meyer Street between Bear Mountain Boulevard and  Sycamore Drive  BACKGROUND:  The City of Arvin had a significant need for On-Call Engineering services based on current grant funding already awarded, pending grants, and planned future infrastructure projects. To meet the anticipated obligations and deadlines for existing and planned projects, the City needed to expand its ability to grow its engineering capacity and technical expertise to be responsive to its current The City of Arvin published a Request for Qualifications for On-Call Engineering services on Planet Bids on April 18, 2024. The prepared scope ofv work was broad and included representation on behalfofthe City in all needed engineering capacities. Three RFQ responses were received on May 7,2 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 and 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.  Page 1of2  Staff Report- - First Amendment tol PSA with DPSI    STAFF RECOMMENDATION:  Staff recommends that this item not be approved at this meeting but should be considered at an  upcoming meeting.  FINANCIALIMPACT:  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 2 of2  Staff Report - First Amendment to PSA with DPSI    AGREEMENTNO.: 2024-24  FIRST AMENDMENT TO PROFESSIONAL CONSULTANT SERVICES AGREEMENT  FOR ON-CALL ENGINEERING SERVICES  BETWEEN  CITY OF ARVIN, CALIFORNIA  AND  DIVERSIFIED PROJECT SERVICES INTERNATIONALINC:  THIS FIRST AMENDMENT TO PROFESSIONAL CONSULTANT SERVICES AGREEMENT FOR ON-CALL ENGINEERING SERVICES (this Amendment") is 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 NOW THEREFORE, in consideration of the mutual covenants and conditions hereinafter set forth, and the above recitals which are by this reference incorporated herein, the sufficiency of which is hereby acknowledged by the parties hereto, the parties hereto agree as follows:  Scope of Work.  AGREEMENT:  1. 2. amended as follows:  Defined Terms. All initially capitalized terms used but not defined herein shall Page 2, Section 3.1 of the Agreement entitled Payment for Services shall be Payment to Consultant to perform its Scope ofWorki is set forth: in Attachment "A," attached hereto and incorporated herein. The payments provided int 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.  Page 1 of5  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 of 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 September 16, 2024, and attached hereto as Exhibit "A(1);"and Incorporation of DPSI Proposal for Services related to 4th Street Design dated September 16, 2024, and attached hereto as Exhibit "A(2)." Ratification: Conflicts; Headings. Except as modified by this Amendment, the  Budget, Project Schedule and Timeline shall be amended as follows:  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 or inconsistency between the terms and provisions of the Agreement and the terms and provisions oft this Amendment, the terms and provisions of this Amendment shall govern and control. The headings herein are inserted only as a matter of convenience and for reference and in no way define, limit or describe  the scope or intent 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 of a counterpart signed  by aj party hereto shall be regarded as signed by such party for purposes hereof.  Signature pagefollows)  Page 2 of5  First Amendment tol 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, aCalifornia municipal corporation  DIVERSIFIED PROJECT SERVICES INTERNATIONAL, INC.  By:  By: Name: Title: Dated: By: Name: Title: Dated:  JeffJones, City Manager  Dated:  Approved as to Form:  Nathan M. Hodges, City Attorney  Page 3 of5  First Amendment to Professional Consultant Services Agreement for  On-Call Engineering Services    EXHIBIT "A(1)"  DPSI Proposal for Services related to Meyer Street Design dated September 16, 2024  Page 4 of5  First Amendment to Professional Consultant Services Agreement for  On-Call Engineering Services    EXHIBIT"A2Y"  DPSI Proposal for Services related to 4th Street Design dated September 16, 2024  Page 5of5  First Amendment to Professional Consultant Services Agreement for  On-Call Engineering Services    EPSSI DIVERSIFIED! PROJECTSERVICES INTERNATIONAL  September 16, 2024 Christine Viterelli City of Arvin 200 Campus Drive Arvin, CA93203  via email: cviterell@arvin.org  SUBJECT: Dear Ms. Viterelli:  PROPOSAL FOR: SERVICES I MEYER STREET DESIGN-A 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 fora 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 with the grant application by October25, 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 willi 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 for reconstruction, digouts, and overlay.  Curb, gutter and sidewalk Drive approaches Striping  Construction document preparation and bid support Engineer's Estimate of probable cost for CDBG Grant  Bakersfield San Luis Obispo eLong Beach I www.dpsiinc.com    PPSI DIVERSIFIEDI PROJECTSERVICES 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 90Percent 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 RFI Responses SCHEDULE  DPSI is prepared to begin this project within two days of receiving your authorization to proceed, and will require an estimated 90 days to complete. While every effort will be made to adhere to the schedule provided, unexpected field conditions, design constraints, or other conditions may arise that extend out the estimated schedule. DPSI will keep the client informed on any substantial changes to the 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 for the project. Anys studies or reports required for clearances are the responsibility of the client. All negotiations with agencies or adjacent property owners for obtaining or vacating easements, right-of-ways, or other interests required are the responsibility of the client.  onat time and materials basis with prior written authorization from client.  handled under an Additional Services Agreement. coordinating any relocation if necessary.  Meyer Street Design 12 240463  Page 12    EPSI DIVERSIFIED PROJECTS 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 oft the review process.  Agreement.  payment and invoice for this service with a 15% markup.  Electronic format submittals (PDF) willl 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 Asr 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 to this agreement must be mutually agreed to in writing. Itis understood that all work done by DPSI for client will be performed in accordance with thet terms and conditions as stated int the agreement between the DPSI and City of Arvin dated. July 15, 2024. Ift thet terms of this proposal are acceptable, please sign thei following acceptance and return a copy, which wills 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 on the scope of services ort fees outlined above, please  do not hesitate to contact us. Wet thanky you for this opportunity to offer our: services.  Respectfully: submitted, d-Bee SamuelD D. Lux, PE Director of Civil Engineering  DIVERSIFIED PROJECT SERVICES INTERNATIONAL, INC.  Meyer Street Design 1240463  Page 14    EPS DIVERSIFIED! PROJECTS 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 she is authorized to enteri 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 electronici invoices) (ifdifferent than mailing address) (i.e. PO, AFE, NWA, etc.)  (All tasks authorized unless otherwise noted)  Meyer Street Design 12 240463  Page 15    EPSI DIVERSIFIED! PROJECTSERVICES INTERNATIONAL  September 16, 2024 Christine Viterelli City of Arvin 200 Campus Drive Arvin, CA93203  viae email: viterell@arvin.org  SUBJECT: Dear Ms. Viterelli:  PROPOSAL FOR SERVICES 14IHSTREET DESIGN- ARVIN, CALIFORNIA  We are pleased to provide you with this proposal for design engineering for the project located on 4th Street from Walnut Drive to Campus Drive in Arvin, California. It is our understanding that the City of Arvin is working closely with surrounding developers to complete the design and construction of 4th Diversified Project Services International, Inc. (DPSI) will provide the following services as described  Street between Campus Drive and Walnut Avenue.  below. SCOPE OF SERVICES TASK1  PROJECT MANAGEMENT Coordinating with Sub-Consultants Project Meetings (every 3 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 for street drainage  Roadway design for new road Full width paving Curb, gutter ands sidewalk Drive approaches Striping Lighting  Bakersfield es San Luis Obispo el Long Beach www.dpslinc.com    EPS DIVERSIFIED PROJECTSERVICES 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 offr meeting, respond to contractors RFI's, and prepare and  plan set revisions deemed necessary to complete the project.  DELIVERABLES Addendums RFIR 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 willl 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:  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, 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 Itis assumed that the client will provide all applicable environmental clearances required fort the project. Anys studies or reports required for clearances are the responsibility of the client. All negotiations with agencies or adjacent property owners for obtaining or vacating easements, right-of-ways, or otheri interests required are the responsibility oft the client.  on at time and materials basis with prior written authorization from client.  handled under an Additional Services Agreement. coordinating any relocation if necessary.  4th Street Design - 240463  Page 12    EPS DIVERSIFIED PROECTSERVICES 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 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 oft the review process.  Agreement.  payment and invoice fort this service with a 15% markup.  Electronic format submittals (PDF) will be made unless otherwise requested.  ADDITIONAL SERVICES  The following services can be provided under an Additional Services Agreement:  Topographic: survey Utility design and coordination Hydrology and hydraulic studies Construction: staking QSD/QSP services As-built plans Construction inspection services Structural engineering  FEE SUMMARY DESCRIPTION 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 12 240463  Page 13    EPS DIVERSIFIED PROJECTSERVICES 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 eitherwritten or oral. Any changes to this agreement must be mutually agreed to in writing. Iti is understood that all work done by DPSI for client will be performed in accordance with thet terms and conditions as stated int 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 on the: scope ofs services or fees outlined above, please  do not hesitate to contact us. Wet thank you for this opportunity to offer our services.  Respectfullys submitted, d-Be Samuel D. Lux, PE Director of Civil Engineering  DIVERSIFIED PROJECT SERVICES INTERNATIONAL, INC.  4th Street Design I 240463  Page 14    EPSI DIVERSIFEDPROECT: SERVICES INTERNATIONAL  ACCEPTANCE OF TERMS AND AUTHORIZATION TO PROCEED  Proposal Date: Project Name:  September 16, 2024 4thStreet 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 ors she 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) (ifd different than mailing address) (i.e.PO, AFE, NWA, etc.)  (All tasks authorized unless otherwise noted)  4th Street Design 240463  Page 15    CITY OF ARVIN Staff] Report  Meeting Date: November 26th, 2024  TO:  Arvin City Council Jeff. Jones, City Manager  FROM: Alex Ghazalpour, Chiefo ofPolice  SUBJECT: Aresolution oft the 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 ini 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 ini the smuggling ofillegal narcotics are often on the move through multiple jurisdictions, making Flock cameras an essential tool for monitoring and interception.  Key Benefits:  1. Enhanced Crime-Fighting Capabilities: Flock cameras allow the department to quickly identify vehicles involved in criminal activities, particularly those related to drug trafficking. In regions where Flock cameras are implemented, law enforcement has observed an increase in successful identification and interception ofvehicles used to  smuggle large quantities ofi narcotics.  2. Improved Data-Sharing: Flock cameras can be integrated into regional and statewide databases, allowing real-time data sharing with neighboring law enforcement agencies. This connectivity enhances collaboration and supports multi-jurisdictional efforts against  organized criminal enterprises.    3. Cost-Effective Resource Allocation: By providing critical, actionable information, Flock cameras help the department allocate resources more effectively. This capability reduces the need for extensive patrol coverage and aids in prioritizing responses to high-  risk vehicles.  FINANCIAL IMPACT:  Thet total cost ofthis project is as follows:  Year One $51,000 for the subscription service and $7,550 forinfrastructure and installation for  at total of$58,550.  Year Two $51,000 for the subscription service.  The acquisition and installation ofFlock cameras will be fully funded by the AB33 grant, ensuring no additional financial impact on the City's general fund for the two year term of the subscription service. Ongoing maintenance and operational costs will be minimal and absorbed 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. Ifthe City decides to not 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:  Stattrecommends that this item not be approved at this meeting but should be considered at an  upcoming meeting. ATTACHMENTS:  1. Quote from Flock Safety Quote 2. Sole-Source Letter from Flock Safety    RESOLUTION NO. 2024-  ARESOLUTION OFT THE CITY COUNCILOFTHE CITY OF ARVINAPPROVING SINGLE SOURCE TWO-YEAR SUBSCIPTION PURCHASE OF EIGHTEEN (18) FLOCK SAFETYFALCON CAMERAS. AND RELATEDTECHNOLGY FROM FLOCK  GROUP, INC. INTHE 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 ofsupplies, equipment, or services without completing the City's bidding or proposal process ifthe supplieri is determined that the vendor is the single source of the supplies, equipment, or services to be  made that only one vendori 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 to provide ai two-year subscription for advanced automatic license plate recognition technology and eighteen (18) cameras supported by that technology; and  NOW,THEREFORE, THE CIYCOUNCILOFTHE CITY OF ARVIN does hereby Section 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. asa single source purchase in the amount of $109,550.00.  Section 4. Execution and Transmittal of the Purchase Agreement. The City Manager is hereby authorized and directed to take any action necessary to carry out the purposes of this Resolution concerning the two-year subscription and related technology, installation, and use of  eighteen (18) cameras from Flock Group, Inc in the amount of$109,550.00.  Section 5. Effectiveness. This Resolution shall take effect immediately upon its adoption.    IHEREBY CERTIFY that the foregoing resolution was passed and adopted by the City Council oft the City of Arvin at a regular meeting thereofh held on the 26th 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 ASTO 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 of the City of Arvin on the date and by the vote indicated herein.    fock safety Budgetary Quote  This documenti isf fori informational purposes only. Pricingi iss subject to change.  BillTo: 200 Campus Dr Arvin, California 93203 Billing Company Name: CA-ArvinPD Billing Contact Name: Billing Email Address: Billing Phone: Hardware and Software Products Annual recurring amounts overs subscription term Item Flock Safety Platform  Ship To: 200 Campus Dr Arvin, California 93203  Subscription Term: 24N Months Payment Terms: Net 30 Retention Period: 30 Days  Billing Frequency: Annual Plan - First Year Invoiced at  Signing.  Cost Included Included  Quantity  Total $51,000.00 Included Included  Flock: Safety Flock OS FlockoS TM- Essentials Flock Safety! LPR Products Flock Safety Falcon @-  17  Professional Services and One Time Purchases  Item One Time Fees  Cost $650.00 $150.00  Quantity 10 7 Subtotal Year1 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 Existingl Infrastructure Implementation Fee-  Taxess shown above are provided as ane estimate. Actual taxes aret ther responsibility oft the Customer. This isr nota ani invoice- this document isa ar non- binding proposal  fori informational purposes only. Pricingi iss subject to change.    Billing Schedule Year1 1 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 Safety Falcon @-  Description  Ani integrated publics safety platform that detects, centralizes and decodes actionable evidence to Law enforcement gradei infrastructure-free (solar power LTE)I licensep plate recognition camera with Vehicle Fingerprint TM technology (proprietary machinel learnings software) andr real-t time alerts One-t time Professional Services engagement. Includes site ands safety assessment, camera setup andt testing, and shipping and! handingi ina accordance with thel Flock Safety Standard One- -time Professional Services engagement. Includes site ands safetya assessment ofe existing accordance witht thel 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 Infrastructurel Implementation: Fee- vertical infrastructurel location, camera setup andt testing, and shipping and! handlingi in  FlockOS Features & Description FlockOS Features Community Network. Access Unlimited Users Network State  Description  The abilityt tor request direct access tof feeds from privately owned Flock: Safety Falcone LPR cameras located in neighborhoods, schools, and businesses iny your community, significantly Allows agencies tol look upl license plates ona all cameras optedi intot the Flock Safety network With the vast Flock Safety sharingr network, lawe enforcement: agencies nol longer have tor rely on just their devices alone.. Agencies canl leverage a nationwide system boasting 10 billion additional plater reads perr montht to amplifyt the potential toc collect vital evidence inc otherwise dead-end The ability tor requesto direct access toe evidence detection devices from LawE Enforcement Search full, partial, andt temporary plates byt time atp particular device locations Look ups specificl license platel location history captured on Flock devices Search footage using' Vehicle Fingerprint"M technology. Access vehicle type, make, color, license plate state, missing /covered plates, and other unique features like! bumpers stickers, decals, and Reporting tool to helpa administrators managet their LPR program with device performance data, user andi network audits, plate read reports, hotl lista alert reports, event logs, and outcome reports. Map-basedi interface that consolidates all data streams andt thel locations ofe each connected asset, enabling greaters situational awareness: anda a common operating picture. Receive automated: alerts when vehicles entered into established databases forr missing and wanted persons are detected, includingt thel FBI's National Crime Information Center (NCIC)a and National Center for Missing & Exploited Children (NCMEC) databases. Ability toa add as suspect's license platet toa ac custom list and geta alerted wheni it passes bya a Flock  increasing actionable evidence that clears cases. Unlimited users forF FlockoS withiny yours state. investigations.  Plate (License Lookup Only)  Nationwide Network (License Plate Lookup Only) Law Enforcement Network Access Time & Location Based Search License Plate Lookup Vehicle Fingerprint Search Insights &A Analytics ESRI Based Mapl Interface  agencies outside ofy yourj jurisdiction.  roof racks.  Real-Time NCIC Alerts on 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 Safety0 LPR Video Cameras  Flock Safetye is the sole manufacturer, developer, and distributor of the Flock Safety CondorTM  and Flock Safety Winge license plate recognition ("LPR") video cameras.  Flock Safety CondorM 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-tit-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 CondorTM PTZ intersections or parks  Live and recorded video with remote PTZ controls ideal for open areas such as Subscription-based live and recorded video solution, including hardware, cellular, installation, ongoing maintenance, and a cloud-based video management system, which allows officers to remotely view instant replay of downloadable live on-scene video with PTZ controls and 25X optical zoom without the need for additional camera network set- 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 Fingerprint@ 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  o    fl'ock 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 Safety@ LPR video cameras listed above are the only Law Enforcement Grade LPR video cameras to offer the following combination of proprietary features:  Vehicle Fingerprint 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 a license plate Ability to "Save Search" based on description of vehicles using Flock's patented Vehicle Fingerprint Technology@ without the need for al 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  Best 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 All 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 of footage  Transparency & Ethical Product Design    fock 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 Ravene 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.  Falcon@ ALPR cameras  Situational Awareness  FlockOSO is the world's first and only public safety operating system compatible with Flock Safetye LPR video cameras, including Flock Safety CondorTM live streaming fixed and Flock Safety CondorTM PTZ video cameras, and the Flock Safety Ravene 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 alli intelligence streams onto the FlockOS@ ESRI-based map FlockOSO features Flock Safetye unique Real-Time Routing feature that analyzes various data sources to determine where a suspect vehicle has been and its' direction of travel providing users with possible outcomes based ona  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 Safety@ is the only LPR provider to be fullyi 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 Safety@  B    CITY OF ARVIN Staff Report  Meeting Date: November 26, 2024  TO:  Arvin City Council Jeff. Jones, City Manager  FROM: Megan Miller, Human & Community Resources Manager  SUBJECT: Approval ofTransportation Manager Job Description and Employment Agreement  BACKGROUND:  The City of Arvin Transportation Department has been operating incident free under the sole direction oft 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 to remove antiquated language and move to the standardized format the city began using in 2018. On August 27, this item was presented with the updates and moving from an unrepresented employee to a contract employee with aj pay increase. Thei item was tabled to bring The assessment of local municipalities is difficult as many local cities utilize a county transit service or are not similar in product lines and fleet to ensure appropriate classification and compensation comparison. In comparing similar operations: Fresno, and Visalia, Arvin still comes in significantly below market value with the proposed employment agreement. With that, The. Arvin Transit Department is unique ini many ways with the dial ai 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 busi 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 a 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 oft 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 oft this team member isp projected to see an average monthly savings of $2,000.00 per month and affords the city Ins summary, the incumbent ini this position has been with the City since 2013. He has streamlined the program, supported, and improved department staff, procured state oft 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. Priori to the 2021 increase, he had not had an increase since 2016. In 2021, the labor unions agreed on newi memorandum of understandings with a structured increases resulting in upwards of21% in increases. The 21% is made up oftwo 5%1 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 stafft to go to for vehicle maintenance needs.  parity, the employment agreement yields an increase of 19%.  STAFF RECOMMENDATION:  The recommendation to not approve the Transportation Manager. job description and employment agreement at this meeting, but to consider it at an upcoming Council meeting.  FINANCIAL IMPACT:  The Transportation Department is primarily funded via TDA and state funding and is fiscally self-sustaining. This employment agreement increase would be under the same funding structure.  As aresult, there will be no financial impact to the general fund budget.  ATTACHMENTS:  Transportation Manager Employment Agreement Transportation Manager Job Description    AGREEMENT NO. 2024-  TRANSPORTATION MANAGER EMPLOYMENT AGREEMENT This Employment Agreement ("Agreement") is made and entered into and effective on the 26th day of November 2024, by and between the City of Arvin ("City"), a California municipal corporation, and Hesham Elshazly ("Employee"). City and Employee are sometimes referred to  in this Agreement individually as "Party" and collectively as "Parties."  RECITALS  WHEREAS, Employee has demonstrated the knowledge, skills, and abilities to serve as 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'sTransportation Manager under the criteria established by the City; and  Manager; and  WHEREAS, the position ofTransportation Manager is an "at will" position, not subject WHEREAS,itisi ini the City's! best interest at this time to pursue employment ofl Employee as Transportation Manager in accordance with the applicable provisions ofthe 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 26, 2024, ("Effective Date") pursuant to the terms and conditions of this Agreement. Employee shall remain in the exclusive hire of City during the term ofthis 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.  ofthis 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 so-called due process pre-disciplinary "Skelly" meeting, except that the City must terminate Employee int thei manner set forth in Section 71 below. Nothing contained in this Agreement shall in any way prevent, limit, or otherwise interfere with the right oft the 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 resign at any time from this position with City, subject only to the provisions set forth in Section 4. DUTIES. TRANSPORTATION MANAGER. Employee accepts employment with the City asi its Transit Manager and agrees toj perform all functions, duties and services set forth the job description for the Transit Manager position attached hereto as Exhibit "A," and those duties that are otherwise legally permissible and proper as required by law and as the Employee shall devote his full energies, interests, abilities, and productive time to the performance of this Agreement, and utilize his best efforts to promote City's interests. Employee shall not engage in any activity, consulting service or enterprise, for compensation or otherwise (together "Outside Employment"), which is actually or potentially in conflict with or inimical to, or which materially interferes with, his duties and responsibilities to the City. Additionally, Employee shall not undertake any Outside 5. TERM. Except as hereinafter described, the term oft this Agreement shall be for two years 6. SALARY AND BENEFITS. Employee' salary and other benefits for all work or  7ofthis Agreement.  City Manager shall assign from time to time.  Employment except with the consent of 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's annual salary shall be in the amount of $97,000.00 which shall be paid according to the payroll schedule in place for all City Employees. Employee shall be eligible for ai merit-based pay increase up to 5% of his annual salary after successfully completing 1 year of service following performance evaluation. Such a merit-based salary increase shall be awarded at the 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 ofTransportation Manager is exempt under the Fair Labor Standards Act and, therefore, no overtime pay will be paid to Employee based on hours worked.  discretion oft the City Manager.  compensation not specifically provided for in this Agreement.  B. Paid Time Off ("PTO"). VACATION  Page 2 of22  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 isa allowed to cash Carry over of existing leave balances at the date of employment agreement approval. Employee shall accrue 3.69 hours ofs 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  of 80 hours.  PERSONAL BUSINESS DAYS  forfeited. PBD have no cash out value.  C. 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 a term life insurance policy int the amount of$50,000.00. Employee shall name the beneficiary ofthe life insurance policy, provided said beneficiary has and maintains an insurable interest of the .C 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, Employeei isa 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 halfo of 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.  Page 3 of22    compensation (exclusive of Employee's base salary) or benefits provided tol Employee. Ins such event, amendment ofthis Agreement shall not be required, and Employee shall be provided benefits according to the Non-Represented Salary Resolution then in effect. Furthermore, revision to the Non-Represented Salary Resolution such that it changes the benefits provided in this Section 6 shall not be deemed a breach of this  Agreement.  7. TERMINATION. Upon appointment to the Transportation Manager position, Employee remains an at-will employee serving at the under the direction of the City Manager and 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 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. A formal investigation commissioned by the City Council and conducted by a third-party investigator hired by the City Council in which the City Council has determined that the Employee has engaged in unlawful discrimination or harassment of Employees or any third party while on City Premises or on City time. City is not required to wait until Employee has exhausted any appeal rights priort tot 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 to 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 ofm material dishonesty;  ix. Unauthorized absence or leave  X. Violation oft the City'sa anti-harassment 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'sl Personnel Rules  or employee has occurred,  xii. Use or possession ofillegal drugs,  xiii. "Abuse ofoffice or position" as definedi in Government Code $53243.4(1.e., waste, fraud, and violation of the law under color of authority and crimes against public justice, including crimes involving bribery and corruption).  Fora any oft 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 if necessitated by changes to statutory ori regulatory requirements, ori ifdoing SO will precludeay violation of State, Federal C. Resignation. If Employee elects to resign at any time during the term of this Agreement, he may do sO upon giving City thirty (30) days' written notice. Termination pursuant to such action shall occur thirty (30) calendar days after service of said notice, or on such other date as may be agreed to by the Parties. D. Retirement. If Employee elects to retire, he shall inform City, in writing, at least thirty (30) days prior to the effective date of such retirement. City shall cooperate fully with Employee to provide all information in a timely manner. E. No Notice for Expiration. Nothing in this Section 7 shall be construed to require either party to give advance written notice in order for the Agreement to expire as  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 of! 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 oft 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 his job responsibilities under this Agreement. Following the termination of this Agreement, Employee shall not use or disclose any Confidential Information, except with the express written consent of City. Employee' obligations under this Section shall survive the termination ofl his employment and the expiration ofthis 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 to 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 of this Agreement. Employee expressly waives any and all other rights with respect to severance pay except as provided herein, including any and all rights he may have to a separation payment pursuant to any joint powers insurance authority memorandum ofliability coverage then in effect. Any and all severance rights are conditioned upon and in consideration for execution of the Standard  Page 6of22  TRANSPORTATION MANAGER EMPLOYMENT AGREEMENT    Agreement of Separation, Severance, and General Release" attached hereto in  form only as Exhibit "B."  8. INDEMNIFICATION. City shall defend, save harmless and indemnify Employee from any and all demands, claims, suits, actions, or other legal proceedings ("Claims") brought against his inl hisi individual capacity 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 or fail to act because of actual fraud, corruption or malice, The provision shall not extend to claims brought by City itselfo or where indemnity is otherwise 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 ofe each performance evaluation tol Employee within two (2) weeks following the conclusion of the review and evaluation process. B. No Grievance or Appeal. Grievance or appeal of performance evaluations is not permitted. Employee may, 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.  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  Employee Hesham Elshazly 200 Campus Drive Arvin, California 93203  Mayor, City of Arvin 200 Campus Drive Arvin, California 93203  Either party may change his or its address by providing written notice to the other party in  the manner described herein. 11. GENERAL PROVISIONS.  A. Entire Agreement. This Agreement constitutes the complete understanding between the Parties, is fully integrated, and supersedes all prior agreements, promises, representations, or inducements, noi 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 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 a 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 tol limit or affect in any way the meaning ori interpretation .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, nora any interest init. 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 ori 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. Ifeither 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 to thel body ofthis Agreement too constitute one integrated Agreement which is as fully effective and binding as ift the J. Acknowledyement 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  its terms, provisions, obligations, or as compelled by law.  ofa any oft the terms or provisions of this Agreement.  full force and effect.  and obligations hereunder.  ofCalifornia 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 ini 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 ofal 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 ofac crime involving an abuse ofhis orl her office or position. Government Code section 53243.3 states that on or after January 1,2012, ifal local agency, such as the City, provides, in the absence ofa 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. Employee represents that he hasi 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 reçeive from City shall bei fully reimbursed tot the local agency ifEmployee is 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 thereof is understood and that the terms of this Agreement are contractual and not a mere recital. This Agreement shall not be construed against the Party or its representatives who drafted it or who drafted any portion thereof. By way of example and not in limitation, this Agreement shall not be construed in favor of the party receiving a benefit nor against the party responsible for any particular language in this Agreement. Captions are used for reference purposes only and should be ignored in the interpretation TRANSPORTATION MANAGER EMPLOYMENT AGREEMENT  his or her office or position.  involving the abuse ofhis or her office or position.  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. The rights and obligations oft this Agreement shall inure to the benefit of, and be binding upon, the parties to the contract and their heirs, administrators, executors, personal representatives, successors and assigns, and whenever the context sO requires, the masculine gender and includes the feminine and neuter, and the singular number includes the plural. This Agreement may be executed in any number of counterparts, each of which 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 AS TO FORM:  By:.  NATHAN M. HODGES, ESQ. CITY ATTORNEY  Attachments:  Exhibit "A": Transportation Manager. Job Description  Exhibit' "B": Severance Agreement  Page 11 of22  TRANSPORTATION MANAGER EMPLOYMENT AGREEMENT    Exhibit "A"  Transportation Manager Job Description  Page 12of22  TRANSPORTATION MANAGER EMPLOYMENT AGREEMENT    City of Arvin  TRANSPORTATION MANAGER  DEPARTMENT: FLSA STATUS: UNIT: GRADE: JOB SUMMARY  FINANCE EXEMPT  UNREPRESENTED, MID-MANAGEMENT  Under general direction, manages, coordinates, and directs staff and activities involved in providing qualitytransportation services and programming to the citizens of Arvin. Implements programs, maximizes existing resources, and secures additional resources as required. Communicates orally and in writing to Citizens, Council, and Departments; serves as Safety  Officer ofi the division.  DISTINGUISHING CHARACTERISTICS  The Transportation Manager is a single position with full management responsibility. The incumbent provides direct supervision to employees within the division and assumes substantive and significant programmatic responsibility in the Transportation division. The incumbent exercises discretion and good judgment, communicates with tact and diplomacy,  and utilizes leadership skills.  SUPERVISION RECEIVED AND EXERCISED  Receives supervision from the Finance Director. Exercises direct supervision over assigned  subordinate staff.  EXAMPLE OF ESSENTIAL FUNCTIONS (Illustrative only)  Recommends and implements the City's Transportation division goals and objectives; establishes performance standards and methods for the development and implementation of the City Transit program and related activities; develops and implements policies and Plans, develops and oversees the work of staff 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 CtysTransportation 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; applies for Federal Communications license for radios. Schedules annual CHP inspections; meets with Officer in charge. Oversees drug testing for employees and drug testing program for Transit Department; submits drug testing reports to the California Department of Transportation. Creates and conducts general safety training to all city employees; acts as Safety officer. May performs the functions of a Transit Driver or Transit Administrative Dispatcher, as  maintenance of vehicles.  required.  Regular and timely attendance. Performs other duties as required. MINIMUM QUALIFICATIONS  Sufficient experience and education to demonstrate the knowledge and skills listed and to perform the essential duties is required. A typical way of obtaining the required qualifications is: Equivalent to a four (4) year degree from an accredited college or university with major course worki int transportation management, public or business administration, or 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 driving record.  Principles and practices of transit planning and management, including route design, bus purchasing, insurance, maintenance, fare structure and staffing requirements. Trip reduction methodology and transportation system management techniques. Principles and practice of marketing, community outreach and public information. Principles and practices of public administration, management, and organizational theories. Principles and practices of leadership, motivation, team building and conflict resolution.  Principles and practices of research analysis and management. 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 3of4  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 a high level of customer service toi the public and City staff, in  applications, and other relevant software applications.  person and over the telephone.  Ability to:  Ability to organize and coordinate bus routes, supervise personnel, and communicate  effectively with drivers and the general public. Organize, implement, and direct a variety of transit activities. Understand all aspects of the job. Supervise, organize, schedule, and review the work of lower level staff. Train and evaluate assigned staff. 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 workingrelationshps 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 essentialfunctions. 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 ini 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 Page 4of4  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 1  serving at the pleasure ofthe of 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 al Notice ofTermination  without Cause (or the Employee provided the City a letter of resignation, wherein Employee informed the City ofhis intent to1 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 of 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/benefits owed to Employee upon separation of employment, as required by state, federal or1 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 severançe 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 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 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 (hereinaiter 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 orl 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 ol 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  (S  ),as set forthi in int the form ofa check made  state and federal withholdings as determined appropriate by the City.  Page 15of22  TRANSPORTATION MANAGER EMPLOYMENT AGREEMENT    Employees, ifany, including but not limited to Government Code Sections 825-825.6: and  Sections 995-996.6.  4. SPECIFIC ACKNOWLEDGMENT OF WAIVER OF CLAIMS UNDER ADEA AND  OWBPA  The Age Discrimination in Employment Act of 1967 (hereinafter referred to as the "ADEA") makes it illegal for an employer to discharge any individual or otherwise discriminate with respect to the nature and privileges of an individual's employment on the basis that the individual is age forty (40) or older. The Older Workers Benefit Protection Act (hereinafter referred to as the "OWBPA," 29 U.S.C. $ 626, et. seq., Pub L 101-433, 104 Stat. 978 (1990)) further augments the ADEA and prohibits the waiver ofany right or claim under the ADEA, unless the waiveri is knowing and voluntary. By entering into this Agreement, Empldyeeacknowledges that Employee knowingly and voluntarily, for. just compensation in addition to anything of value to which Employee was already entitled, waives, and releases any rights he may have under the ADEA and/or OWBPA. Employee further acknowledges that Employee has been advised and  understands, pursuant to the provisions of the. ADEA and OWBPA, that: a) This waiver/release is written in a manner understood by Employee;  b) Employee is aware of, and/or has been advised of, Employee'si rights under the ADEA and OWBPA, and of the legal significance of Employee's waiver of any possible claims Employee currently may have under the ADEA, OWBPA and/or similar age discrimination ) Employee is entitled to a reasonable time of at least twenty-one (21) days within which to review and consider this Agreement and the waiver and release of any rights Employee may have under the. ADEA, the OWBPA and similar age discrimination laws; but may, in the exercise ofl Employee's own discretion, sign or reject this Agreement at any time before 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  laws;  the expiration of the twenty-one (21) days;  Agreement;  prior to executing this Agreement;  within which to review and consider this Agreement;  revoke the Agreement;  Page 16 of22  TRANSPORTATION MANAGER EMPLOYMENT AGREEMENT    h) Notice of revocation within the seven (7) day revocation period must be provided, in writing, to the City pursuant to Paragraph 8.9 herein, and must state, "I hereby revoke my This Agreement shall not be effective until all parties have signed the Agreement and ten (10) days have passed since Employee's execution of same ("Effective Date-").  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 DOESNOT: EXTENDTO CLAIMS WHICHTHE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICHIF 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 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 oft the 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  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 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 ofany claims ofr misrepresentation, promise made without the intent to perform, concealment of fact, mistake ofi 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 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 to the provisions ofthis Agreement. Employee understands and agrees that Employee shall be exclusively liable for the payment ofa 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 to indemnify and hold the City Parties harmless forj 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 ofConfidential Information and Property: Prior to the separation all City keys, equipment, passwords, computer identification cards or codes, and other equipment or materials oro confidential documents provided to or obtained by Employee during the course of Employee's employment with the City shall be provided by Employee to the Finance  provided for 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 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 ofl Employee, whenever or where ever: filed, Employee will request such agency or court to withdraw from the matter forthwith. Nothing herein shall be interpreted as a release or waiver of any workers' compensation claims or in any way prohibit or prevent Employee from participating in any claims or administrative action brought by a  state or federal agency.  7.10  Ownership of Claims: Employee represents and warrants as a material term oft this Agreement that Employee has not heretofore assigned, transferred, released, or granted, or purported to assign, transfer, release, or grant, any of the Claims disposed of by this Agreement. In executing this Agreement, Employee further warrants and represents that none of the Claims released by Employee thereunder will in the future be assigned, conveyed, or transferred in any fashion to any other person and/or entity.  7.11  Enforcement Fees and Costs: Should any legal action be required to enforce the terms oft this Agreement; the prevailing party shall be entitled to reasonable attorneys' fees and costs in addition to any other relief to which that party may be entitled.  7.12  Authority: Each party represents to the other that it has the right to enter into this Agreement, and that it is not violating the terms or conditions of any other Agreement to which they are a party or by which they are bound by entering into this Agreement. The parties represent that they will obtain all necessary approvals to execute this Agreement. It is further represented and agreed that the individuals signing this Agreement on 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  foru 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 of the parties shall be construed and enforced in  accordance with, and governed by, the laws of the State of California.  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 is the entire. Agreement between the parties with respect tot 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 oft the 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 of this 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 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 anyinstrument contemplatedi 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. 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  waive any challenge toj 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 of 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 in the United States mail.  City: City of Arvin City Hall 200 Campus Drive Arvin, California 93203  Employee: Hesham Elshazly Address set forth in Employee's Personnel  File.  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 ASTO FORM:  For City: By: Name:  Title: CITY ATTORNEY  For Employee (ifrepresented):  By: Name: Title:  Page 21 of22  TRANSPORTATION MANAGER EMPLOYMENT AGREEMENT    EXHIBIT"I"  EMPLOYMENT AGREEMENT  Page 22 of22  TRANSPORTATION MANAGER EMPLOYMENT AGREEMENT    CITY OF ARVIN Staff] Report  Meeting Date: November 26, 2024  TO: FROM:  Arvin City Council Jeff. Jones, City Manager Sale oft the Equipment.  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  RECOMMENDATION  Staff recommends that the City Council not declare the equipment listed below, titled as surplus items, as surplus and authorize its sale pursuant to the procedures set forth in Arvin Municipal Code section 3.08.110, but instead to consider this item at an upcoming Council meeting.. 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 ofthese items from the City's public works yard would assist inj providing additional space needed to store other items and with the general housekeeping and maintenance ofthe The following equipment is tol be sold as surplus in their current operational condition:  BACKGROUND  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.  FINANCIAL IMPACT  There will be a cost to dismantle the CNG Equipment. Iti is anticipated that the proceeds received from the sale oft 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 WITH THE 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 of the city shall submit to the city council at such times, and in such form as may be prescribed, reports showing stock, materials, equipment and any real property on hand not then in use in said department. When a surplus of stock, materials, equipment, or real property exists in any department, the city council may transfer the same to any other department having a need for such stock or any  other disposal) establishes a procedure to declare equipment surplus; and  portion thereof on approval oft the city council or its designated official; and  WHEREAS, AMC Section 3.08.110 (B) states, when it is found by the city council that stock, materials, equipment, or real property exists which is not needed for use by any city department, the city council may authorize the sale thereof, and the proceeds from any such sale  or sales shall be deposited in the city treasury; and  WHEREAS, AMC Section 3.08.110 (C) states, upon the city council's finding and authorization of the sale of surplus stock, materials, equipment, or real property, the city manager may take whatever steps necessary to obtain the highest price in exchange for the sale of the surplus stock, materials, equipment, or real property. The determination oft the highest price that will be most favorable to the city will be made by the city manager, within his/her sole discretion. The city manager may thereafter enter into and complete the sale ofthe surplus stock,  materials, equipment, or real property on behalfoft 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. 2. 3.  The above recitals are true and correct.  The City Council of the City of Arvin hereby declares the above-described equipment is surplus and authorizes its sale by the city manager. The City Council finds that this action is in the best interests 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 special meeting thereof held on the 26th day of November by  the following vote:  Reso Approving Sale of CNG Equipment Declared as Surplus  Page 1of2    AYES: NOES: ABSTAIN: ABSENT:  ATTEST  JEFF JONES, Deputy City Clerk  CITY OF ARVIN  By:.  DANIEL BORELLI, Mayor APPROVED AS TO FORM:  By:  NATHAN HODGES, City Attorney Hodges Law Group  I,  City Clerk oft the City of Arvin, California, DO  HEREBY CERTIFY that the foregoing is a1 true and accurate copy oft the Resolution passed and adopted by the City Council of the City of Arvin on the date and by the vote indicated herein.  Reso Approving Sale of CNG Equipment Declared: as Surplus  Page 2of2    CITY OF ARVIN Staff Report  Meeting Date: November 26, 2024  TO:  Arvin City Council Jeff. Jones, City Manager  FROM: Megan Snyder, Human & Community Resources Manager SUBJECT: Approval and adoption oft the 2024 Christmas Parade  BACKGROUND:  The City of Arvin has continued to add public events and opportunities for outreach and community collaboration. In January, the City Council approved the 2024 potential community events and the corresponding budgets. We have been able to achieve many oft the intended events. Historically, the Arvin Chamber of Commerce has hosted the Arvin Parade. This year, the officials from the Arvin Chamber of Commerce confirmed that they would not be hosting the parade. City of Arvin officials heard the public outcry and hope to answer the call. City officials met with community members and have formulateda The goal is tol keep the Christmas tradition alive in our great city and continue to carry the torch of what the Arvin Chamber started, thus the 2024 Hometown Christmas Christmas Parade was born.  contingency plan to host the parade, but with a route change to utilize City Streets.  STAFF RECOMMENDATION: date, route, and corresponding budget.  The recommendation to open approve and adopt the 2024 Christmas Parade, to include but not limited to:  FINANCIAL IMPACT:  The total budget to include Police, Public Works, Admin personnel cost, lighting, insurance, and materials is $9699.52. The city will forego hosting the Christmas tree lighting event and put the $1,660 budget allocation to the parade. As ai result, the total difference in unbudgeted cost is  $8,039.52.  ATTACHMENTS: 2024 Christmas Parade Plan    Hogfgas, Ghristuas  ARVIN CHRISTMAS PARADE 2024  EVENT DETAIL  Saturday, December 14, 2024, Commence at 6:30pm  NEW ROUTE  The parade will start at Meyer, just south of Highway 223 and will continue south on Meyer and end at Sycamore.  All streets will be blocked with hard closures. Through traffic will  be strictly prohibited.  BUDGET  PD: 36 hours (3 supervisors, 6 officers)  $4,104.00 $900.00 $500.00 $945.52 $2,750.00 $500.00  PW: 30 hours HCR: 8 hours Insurance: Lighting  Purchases, ifany:  Total:  $9,699.52    PARADE MAP  STAGING: in front of City Hall/APD  ROUTE: is heading South from Meyer (South of 223) to Sycamore. PICK UP: for walking participants will be on Meyer (South of Sycamore)  OU  ROSTL Dollar Treee  Vallarta Supermark Starbucks 1 OCVSI  ARCOO AuwoZone KongsKicino  ROAD CLOSURES: o Tucker Street Orange Laurel Haven Drive Hood Street Franklin Street Alley* Langford Hanson Olson Sycamore  aw  TUCKER-ST  OBurgerlTime  AHave McElroy Midd  IVO  HOLDEN-ST ODIClorgioPark  FABIAN-ST-  arket)  FRANK NIST  FRANKEINIST, Schipper  COMBS-AVE  MCELROM-S  mothermon Park O  6  HANSON-LN:  OLSON-WAY  VE  SCHIPPER-AVE- ARLO Spacema  M 0io  SMCAMORERD  5)  C610 AQI330  TRINOAVE  *East Side between Franklin &  Langford