Agenda — Arvin City Council, May 24, 2022 (part 1 of 2)

REGULAR MEETING AGENDA
OF THE

ARVIN CITY COUNCIL / SUCCESSOR AGENCY TO THE

ARVIN COMMUNITY REDEVELOPMENT AGENCY / ARVIN HOUSING

AUTHORITY / ARVIN PUBLIC FINANCING AUTHORITY
TUESDAY MAY 24, 2022 6:00p.m.

CITY HALL COUNCIL CHAMBERS
200 CAMPUS DRIVE, ARVIN
CALL TO ORDER Mayor Olivia Trujillo

PLEDGE OF ALLEGIANCE

INVOCATION
*******************************************
ROLL CALL Olivia Trujillo Mayor
Daniel Borreli Mayor Pro Tem
Mark S. Franetovich Councilmember
Donny Horton Councilmember
Susana Reyes Councilmember
******************************************
STAFF Jeff Jones City Manager / Finance Director
Nathan Hodges City Attorney – Hodges Law Group
Edwin Brock Chief of Police
Cecilia Vela City Clerk
I pledge allegiance to the flag of the United States of America and to the Republic for which it stands, one nation, under God, indivisible, with liberty and justice for all.

PUBLIC COMMENTS:

The meetings of the City Council and all municipal entities, commissions, and boards (“the City”) are open to the public. At regularly scheduled meetings, members of the public may address the City on any item listed on the agenda, or on any non-listed matter over which the City has jurisdiction. At special or emergency meetings, members of the public may only address the City on items listed on the agenda. The City may request speakers to designate a spokesperson to provide public input on behalf of a group, based on the number of people requesting to speak and the business of the City.

In accordance with the Brown Act, all matters to be acted on by the City must be posted at least 72 hours prior to the City meeting. In cases of an emergency, or when a subject matter needs immediate action or comes to the attention of the City subsequent to the agenda being posted, upon making certain findings, the City may act on an item that was not on the posted agenda.

AGENDA STAFF REPORTS AND HANDOUTS:

Staff reports and other disclosable public records related to open session agenda items are available at City Hall, 200 Campus Drive, Arvin, CA 93203 during regular business hours.

CONDUCT IN THE CITY COUNCIL CHAMBERS:

Rules of Decorum for the Public
Members of the audience shall not engage in disorderly or boisterous conduct, including the utterance of loud, threatening or abusive language, clapping, whistling, stamping of feet or other acts which disturb, disrupt, impede or otherwise render the orderly conduct of the City meeting infeasible. A member of the audience engaging in any such conduct shall, at the discretion of the presiding officer or a majority of the City, be subject to ejection from the meeting per Gov. Code Sect. 54954.3(c).

Removal from the Council Chambers
Any person who commits the following acts in respect to a meeting of the City shall be removed from the Council Chambers per Gov. Code Sect. 54954.3(c).
(a) Disorderly, contemptuous or insolent behavior toward the City or any member thereof, tending to interrupt the due and orderly course of said meeting; (b) A breach of the peace, boisterous conduct or violent disturbance, tending to interrupt the due and orderly course of said meeting;
(c) Disobedience of any lawful order of the Mayor, which shall include an order to be seated or to refrain from addressing the City; and
(d) Any other unlawful interference with the due and orderly course of said meeting.

AMERICANS with DISABILITIES ACT:

In compliance with the ADA, if you need special assistance to participate in a City meeting or other services offered by the City, please contact the City Clerk’s office, (661) 854-3134. Notification of at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service.

Arvin City Council Meeting Agenda – May 24, 2022

Page 1 of 4 ends

1. APPROVAL OF AGENDA AS TO FORM.

Motion __________ Second __________ Vote __________
Roll Call: CM Reyes ___ CM Horton ___ CM Franetovich ___ MPT Borreli ___ Mayor Trujillo ___

2. PUBLIC COMMENTS
(This is the opportunity for the public to address the City Council on any matter on the agenda or any item of interest to the public that is within the subject matter jurisdiction of the City Council.)

3. PRESENTATION(S)
A. Development of the 2022 Regional Transportation Plan / Sustainable Communities Strategy, Key Land Use and Planning Assumptions and Public Outreach.

Rob Ball, Director of Planning – Kern County of Governments

4. CONSENT AGENDA ITEM(S)
A. Approval of Demand Register(s) of May 06, 2022 – May 19, 2022.

B. Approval of Payroll Register(s) of May 13, 2022.

C. Approval of the Minutes of the Regular Meeting of May 10, 2022.

D. Approval of the Second Amendment to Professional Services Agreement between the City of Arvin and The Pun Group, LLP for Auditing Services.

E. Approval of A Resolution of the City Council of the City of Arvin Receiving and Adopting the Annual Statement of Investment Policy and Authorizing the Investment of Surplus Funds Consistent with the Same.

F. Approval of Budget Amendment Number 2122-04.

G. Approval of Agreement for Participation in Work Release Program Between the County of Kern and City of Arvin and Authorize the Chief of Police to Execute the Agreement.

H. Approval A Resolution of the City Council of the City of Arvin to Approve A Public Works Agreement with J.L. Plank Inc. DBA Cen-Cal Construction for the Langford Avenue Sidewalk and Pavement Project and to Authorize the Mayor to Execute the Agreement.

I. Approval of Transit Lead Job Description and Corresponding Salary Schedule.

J. Approval of Grants Manager Job Description and Revised Salary Schedule.

Arvin City Council Meeting Agenda – May 24, 2022

Page 2 of 4 ends

K. Approval of A Resolution of the City Council of the City of Arvin Adopting a List of Projects for the Fiscal Year 2022-2023 Funded by SB-1: The Road Repair and Accountability Act of 2017.

L. Approval of A Resolution of the City Council of the City of Arvin Recognizing the Competitive Bidding Process of the City of Pomona, California; Dispensing with the Public Bidding Requirement; and Authorizing the City Manager to Approve the Purchase of Office Furniture from Aguila Office Solutions for the Arvin Police Department.

Staff recommends approval of the Consent Agenda.

Motion __________ Second __________ Vote __________
Roll Call: CM Reyes ___ CM Horton ___ CM Franetovich ___ MPT Borreli ___ Mayor Trujillo ___

5. PUBLIC HEARING ITEM(S)
A. A Public Hearing to Consider Approval of A Resolution of the City Council of the City of Arvin Confirming and Ordering the Annual Levy of Assessments for Fiscal Year 2022-23 for Landscaping and Lighting Maintenance District No. 1. (City Manager)
Staff recommends to open the hearing, allow for public testimony, close the hearing and approve the Resolution.

Motion __________ Second __________ Vote __________
Roll Call: CM Reyes ___ CM Horton ___ CM Franetovich ___ MPT Borreli ___ Mayor Trujillo ___ B. A Public Hearing to Consider Approval of A Resolution of the City Council of the City of Arvin Confirming and Ordering the Annual Levy of Assessments for Fiscal Year 2022-23 for Landscaping and Lighting Maintenance District No. 2. (City Manager)
Staff recommends to open the hearing, allow for public testimony, close the hearing and approve the Resolution.

Motion __________ Second __________ Vote __________
Roll Call: CM Reyes ___ CM Horton ___ CM Franetovich ___ MPT Borreli ___ Mayor Trujillo ___ Arvin City Council Meeting Agenda – May 24, 2022

Page 3 of 4 ends

C. A Public Hearing to Discuss and Consider Approval of Possible Submittal of A 2022 Community Development Block Grant (CDBG) Application and Housing Rehabilitation Guidelines and Approval of A Sub-Recipient Agreement with Self-Help Enterprises for Community Development Block Grant Administrative Support. (Grant Writer)
Staff recommends to open the hearing, allow for public testimony, close the hearing and approve:
1) Submittal of An Application to Apply for the 2022 State Community Development Block Grant (CDBG) Notice of Funding Availability (NOFA), and Housing Rehabilitation Guidelines; and
2) A Resolution of the City Council of the City of Arvin Approving an Application for Funding and the Execution of a Grant Agreement and any Amendments Thereto from the 2021-2022 Funding Year of the State CDBG Program, and Authorizing Relation Actions; and
3) A Resolution Approving the Adoption of the CDBG Single-Family Housing Rehabilitation Program Guidelines; and
4) Adoption of the Housing Rehabilitation Guidelines; and 5) The Subrecipient Agreement with Self-Help Enterprises for Community Development Block Grant Administrative Support.

Motion __________ Second __________ Vote __________
Roll Call: CM Reyes ___ CM Horton ___ CM Franetovich ___ MPT Borreli ___ Mayor Trujillo ___

6. ACTION ITEM(S)
A. Arvin Community Center Leases and Operations. (Mayor Trujillo) Staff recommends consideration and direction from Council.

Motion __________ Second __________ Vote __________
Roll Call: CM Reyes ___ CM Horton ___ CM Franetovich ___ MPT Borreli ___ Mayor Trujillo ___ B. Discussion and Action on Measures to Mitigate the Impacts of the COVID-19 (Coronavirus) Pandemic. (City Manager)
Staff recommends to discuss and take action as appropriate.

Motion __________ Second __________ Vote __________
Roll Call: CM Reyes ___ CM Horton ___ CM Franetovich ___ MPT Borreli ___ Mayor Trujillo ___

7. BUDGET WORKSHOP – General Fund FY 2022-2023 (City Manager) Arvin City Council Meeting Agenda – May 24, 2022

Page 4 of 4 ends

8. STAFF REPORTS

9. COUNCIL MEMBER COMMENTS

10. CLOSED SESSION ITEM(S)
A. Threats to Public Services or Facilities (Pursuant to Government Code, § 54957(a).)
Consultation with: City Attorney and/or City Emergency or Critical Function Personnel.

B. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2) and (3): (four potential cases)

11. ADJOURNMENT
I hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the Arvin City Council Chambers Bulletin Board not less than 72 hours prior to the meeting. Dated May 19, 2022.

Cecilia Vela, City Clerk
5/12/2022 3:07:08 PM Page 1 of 8
Payment Register
City of Arvin APPKT00096 - AP for 05.12.2022
01 - Vendor Set 01
Bank: Main Pool Ck - Main Checking - BOA
1404
Vendor Number

ADALBERTO NAVARRO LOPEZ
Total Vendor Amount
246.54
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/12/2022 246.54
Payable Number Description Payable Amount Payable Date Discount Amount Due Date CR37459 REFUND REFUND FOR PERMIT# PW22-18 CR37459- JOB REJECTED 04/29/2022 0.00 04/29/2022 246.54 1002
Vendor Number

ARVIN COMMUNITY SERVICES DISTRICT
Total Vendor Amount
14,016.57
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/12/2022 500.00
Payable Number Description Payable Amount Payable Date Discount Amount Due Date REFUND CR37494 REFUND CR37494 CANCELLED EVENT 06/07/2022 500.00 04/28/2022 0.00 04/28/2022 Check 05/12/2022 13,516.57
Payable Number Description Payable Amount Payable Date Discount Amount Due Date WATER SERVICES 03.23.22 - 04.21.22 WATER SERVICES 03.23.22 - 04.21.22 13,516.57 04/30/2022 0.00 04/30/2022 1015
Vendor Number

AT&T MOBILITY
Total Vendor Amount
419.40
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/12/2022 419.40
Payable Number Description Payable Amount Payable Date Discount Amount Due Date 287251442687X04282022 PW + COMM DEV + CH CELL PHONES 03.23.22 - 04.22.22 419.40 04/22/2022 0.00 04/22/2022 1127
Vendor Number

CALIFORNIA DEPT OF TAX AND FEE ADMINISTRATION
Total Vendor Amount
452.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/12/2022 452.00
Payable Number Description Payable Amount Payable Date Discount Amount Due Date 057-425422 1ST QTR 2022 1ST QTR 2022 GOVT ENTITY DIESEL FUEL TAX RETURN 452.00 04/28/2022 0.00 04/28/2022 1155
Vendor Number

CENTRAL VALLEY OCCUP
Total Vendor Amount
340.01
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/12/2022 340.01
Payable Number Description Payable Amount Payable Date Discount Amount Due Date 00457370-00 NARRATIVE RPT CONTUSION LEFT KNEE & ANKLE DAZ 165.00 04/13/2022 0.00 04/13/2022 00458113-00 1ST REPORT CONTUSION LEFT KNEE & ANKLE DAZ 175.01 04/13/2022 0.00 04/13/2022 1252
Vendor Number
CINTAS
Total Vendor Amount
2,585.92
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/12/2022 2,585.92
Payable Number Description Payable Amount Payable Date Discount Amount Due Date UNIFORM SERVICE APR2022 UNIFORM SERVICE APR2022 1,771.22 04/30/2022 0.00 04/30/2022 UNIFORM SERVICE MAR2022 UNIFORM SERVICE MAR2022 814.70 03/31/2022 0.00 03/31/2022 1020
Vendor Number

COLONIAL LIFE PROCESSING CENTER
Total Vendor Amount
2,112.63
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/12/2022 2,112.63
Payable Number Description Payable Amount Payable Date Discount Amount Due Date 5193602-0401749 SUPPLEMENTAL INS APR2022 2,112.63 04/25/2022 0.00 04/25/2022

COMPLETE HARDWARE STORE AND MORE
Total Vendor Amount
228.15
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/12/2022 228.15
Payable Number Description Payable Amount Payable Date Discount Amount Due Date 14944 FLAGS TO ID SPRINKLERS @ CITY PARKS AND FACILITIES 12.33 04/29/2022 0.00 04/29/2022 430452 UNIT 320 BOLTS & NUTS TO SECURE WOOD ON FLATBED 03/29/2022 0.00 03/29/2022 3.18 430479 6 CD RED WING CONNECTORS - TRANSIT 1.83 03/29/2022 0.00 03/29/2022 432697 WOOD STAKES FOR GITS PARK EASTER EVENT 20.61 04/15/2022 0.00 04/15/2022 433277 MARKING PAINT FOR BOXES @ DIGIORGIO PARK 15.78 04/19/2022 0.00 04/19/2022 433382 HARDWARE FOR SNACK BAR BLDG DIGIORGIO PARK 53.01 04/20/2022 0.00 04/20/2022 434265 TOOLS & MATL TO INSTALL CITY SIGNS 72.85 04/26/2022 0.00 04/26/2022 434422 HARDWARE FOR CITY LIMIT SIGNS 3.12 04/27/2022 0.00 04/27/2022 434506 TIE DOWNS FOR TRAILER 45.44 04/28/2022 0.00 04/28/2022 1298
Vendor Number

CREATIVE FINANCIAL STAFFING
Total Vendor Amount
4,567.05
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/12/2022 4,567.05
Payable Number Description Payable Amount Payable Date Discount Amount Due Date 122170202 C.DURAN & M.GONZALEZ WEEK ENDING 05/01/22 2,425.05 05/01/2022 0.00 05/01/2022 122180204 C.DURAN & M.GONZALEZ WEEK ENDING 05/08/22 2,142.00 05/08/2022 0.00 05/08/2022 1193
Vendor Number

DIAMOND TECHNOLOGIES INC
Total Vendor Amount
4,925.02
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/12/2022 4,925.02
Payable Number Description Payable Amount Payable Date Discount Amount Due Date 31608049 DELL PWREDGE SERV LIC & EQUIP- WRKSTNS 05.09.22 4,925.02 05/09/2022 0.00 05/09/2022 1303
Vendor Number

DOROTHY JUNE BAKER
Total Vendor Amount
948.23
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/12/2022 948.23
Payable Number Description Payable Amount Payable Date Discount Amount Due Date 7150 ECHO OIL MIX FOR 2 CYCLE LAWN TOOLS 108.23 04/04/2022 0.00 04/04/2022 7184 8 INCH AUGER 22J FOR DIGGING HOLES 510.93 04/18/2022 0.00 04/18/2022 7226 TWO NEW EDGE TRIMMERS 329.07 03/10/2022 0.00 03/10/2022 1310
Vendor Number

ERIC REYES GUERRA
Total Vendor Amount
1,420.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/12/2022 1,420.00
Payable Number Description Payable Amount Payable Date Discount Amount Due Date INV0061 ARVIN PD FLEET WASH 18 X $20 04.27.22 360.00 04/27/2022 0.00 04/27/2022 INV0062 BUS WASH AND BUMPER SHINE 05.03.22 280.00 05/03/2022 0.00 05/03/2022 INV0063 ARVIN PD FLEET WASH 18 X $20 05.03.22 360.00 05/03/2022 0.00 05/03/2022 INV0066 ARVIN PD FLEET WASH 21 X $20 05/10/22 420.00 05/10/2022 0.00 05/10/2022 1406
Vendor Number

FASTRIP FOOD STORE
Total Vendor Amount
112.64
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/12/2022 112.64
Payable Number Description Payable Amount Payable Date Discount Amount Due Date FUEL 04.17.22 TRANS 42424 FUEL 04.17.22 TRANS 42424 40.00 04/17/2022 0.00 04/17/2022 FUEL 04.25.22 TRANS 48069 FUEL 04.25.22 TRANS 48069 34.16 04/25/2022 0.00 04/25/2022 FUEL 04.25.22 TRANS 48074 FUEL 04.25.22 TRANS 48074 38.48 04/25/2022 0.00 04/25/2022

4.A.1
Attachment: Demand Register May 06, 2022 - May 19, 2022 (Demand Register(s) of May 06, 2022 - May 19, 2022.) Payment Register APPKT00096 - AP for 05.12.2022
5/12/2022 3:07:08 PM Page 3 of 8
1062
Vendor Number
FEDEX
Total Vendor Amount
590.08
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/12/2022 590.08
Payable Number Description Payable Amount Payable Date Discount Amount Due Date 7-739-69626 SHIPPING SVC 04.22.22 59.24 04/29/2022 0.00 04/29/2022 7-747-14758 SHIPPING SVCS 05.03.22 530.84 05/06/2022 0.00 05/06/2022 1367
Vendor Number

FLOOD BAKERSFIELD MINISTRIES INC
Total Vendor Amount
6,449.78
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/12/2022 6,449.78
Payable Number Description Payable Amount Payable Date Discount Amount Due Date 1132 ARVIN CDBG CV2-3-00141 NAV SVCS 03.01.22 -03.31.22 6,449.78 04/01/2022 0.00 04/01/2022 1071
Vendor Number

GOLDEN EMPIRE FLEET SERVICE
Total Vendor Amount
3,535.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/12/2022 3,535.00
Payable Number Description Payable Amount Payable Date Discount Amount Due Date 81380 2010 BMW LIC 8WRP767 CA HELD FOR INVESTIGATION 1,847.50 04/01/2022 0.00 04/01/2022 81381 2006 LEXUS LIC 5PJE079 CA HELD FOR INVESTIGATION 1,687.50 04/01/2022 0.00 04/01/2022 1074
Vendor Number

GRAINGER
Total Vendor Amount
259.32
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/12/2022 259.32
Payable Number Description Payable Amount Payable Date Discount Amount Due Date 9282398255 ELONGATED BOWL TOILET SEATS TRANSIT RESTROOM 259.32 04/18/2022 0.00 04/18/2022 1072
Vendor Number

GRANITE CONSTRUCTION
Total Vendor Amount
582.15
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/12/2022 582.15
Payable Number Description Payable Amount Payable Date Discount Amount Due Date 2214093 3/8" CMACOLDMIX ST REPAIRS 04.13.22 582.15 04/13/2022 0.00 04/13/2022 1372
Vendor Number

GREGS PETROLEUM SERVICE INC
Total Vendor Amount
9,447.06
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/12/2022 9,447.06
Payable Number Description Payable Amount Payable Date Discount Amount Due Date FUEL USAGE APR2022 FUEL USAGE APR2022 9,447.06 04/30/2022 0.00 04/30/2022 1403
Vendor Number

GRIFFIN GRAPHICS INC
Total Vendor Amount
205.11
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/12/2022 205.11
Payable Number Description Payable Amount Payable Date Discount Amount Due Date 9783 CITY OF ARVIN SHIRTS FOR EASTER EVENT 205.11 04/14/2022 0.00 04/14/2022 1165
Vendor Number

KERN COUNTY FIRE DEPARTMENT
Total Vendor Amount
694,339.81
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/12/2022 694,339.81
Payable Number Description Payable Amount Payable Date Discount Amount Due Date 22-000348 INVOICE FOR FIRE PROTECTION SERVICES FY 2021-2022 694,339.81 04/28/2022 0.00 04/28/2022

KERN MACHINERY
Total Vendor Amount
274.35
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/12/2022 274.35
Payable Number Description Payable Amount Payable Date Discount Amount Due Date 101-949053 MISC HARDWARE TO HOLD MATL ON GATOR 274.35 04/11/2022 0.00 04/11/2022 1095
Vendor Number

KERN RIVER POWER EQUIPMENT INC
Total Vendor Amount
114.33
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/12/2022 114.33
Payable Number Description Payable Amount Payable Date Discount Amount Due Date 133027 PARTS TO REPAIR MOWER #4 77.33 04/01/2022 0.00 04/01/2022 133029 GRH-426122 ROLLERS 37.00 04/01/2022 0.00 04/01/2022 1093
Vendor Number

KERN TROPHIES
Total Vendor Amount

44.92 Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/12/2022 44.92
Payable Number Description Payable Amount Payable Date Discount Amount Due Date 71891 NAMEPLATE FOR MAYOR PRO TEM DANIEL BORRELI 44.92 04/09/2022 0.00 04/09/2022 1331
Vendor Number

LN CURTIS & SONS
Total Vendor Amount
271.16
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/12/2022 271.16
Payable Number Description Payable Amount Payable Date Discount Amount Due Date INV585543 M SERIES CONCEALABLE CARRIER JAVALLENA 134.08 04/11/2022 0.00 04/11/2022 INV585583 MSERIES CONCEALABLE CARRIER HERNANDEZ 137.08 04/11/2022 0.00 04/11/2022 1405
Vendor Number

LTG RAIL US INC
Total Vendor Amount
368.05
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/12/2022 368.05
Payable Number Description Payable Amount Payable Date Discount Amount Due Date 592403 RR-HDD4 VIDEO STORGE FOR BUSES 368.05 03/03/2022 0.00 03/03/2022 1332
Vendor Number

MADLAND TOYOTA LIFT INC
Total Vendor Amount
3,795.02
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/12/2022 3,795.02
Payable Number Description Payable Amount Payable Date Discount Amount Due Date 64129865 UNIT 205EV WINDSHIELD CHIP REPAIR 101.25 04/14/2022 0.00 04/14/2022 64129987 UNIT 211 REPAIR A/C AND COOLING SYSTEM 948.98 04/22/2022 0.00 04/22/2022 64605306 UNIT 207 DIAGNOSE -BUS SHUT DOWN WILL NOT START 266.55 04/12/2022 0.00 04/12/2022 64605307 UNIT 211 A/C AND DRIVER SEAT AIR BAG REPAIRS 600.75 04/14/2022 0.00 04/14/2022 64605310 UNIT 209 A/C, HUB OIL, DRAIN VALVE, SHOCKS 1,877.49 04/15/2022 0.00 04/15/2022 1407
Vendor Number

MOORE & ASSOCIATES INC
Total Vendor Amount
14,998.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/12/2022 14,998.00
Payable Number Description Payable Amount Payable Date Discount Amount Due Date 22-4805 2022 TAM PLAN UPDATE + 2022 SAFETY PLAN 14,998.00 04/22/2022 0.00 04/22/2022 1102
Vendor Number

MOUNTAINSIDE DISPOSAL
Total Vendor Amount
166.94
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/12/2022 166.94
Payable Number Description Payable Amount Payable Date Discount Amount Due Date 660921 LANDFILL FEES MAY 2022 166.94 05/02/2022 0.00 05/02/2022

NEIL MESSICK
Total Vendor Amount
475.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/12/2022 475.00
Payable Number Description Payable Amount Payable Date Discount Amount Due Date 5653 OPEN & REPAIR FLOOR SAFE ARVIN PD 475.00 04/15/2022 0.00 04/15/2022 1184
Vendor Number

OREILLY AUTOMOTIVE INC
Total Vendor Amount
391.76
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/12/2022 391.76
Payable Number Description Payable Amount Payable Date Discount Amount Due Date 4451-213924 FUSE ASSORTMENT FOR MOWERS 20.56 04/14/2022 0.00 04/14/2022 4451-215071 2 HANDLES W/ROPE FOR MOWERS 13.83 04/20/2022 0.00 04/20/2022 4451-215291 BLUE DEF FOR BUSES 97.36 04/21/2022 0.00 04/21/2022 4451-216351 UNIT 320 NEW ALTERNATOR 113.72 04/26/2022 0.00 04/26/2022 4451-216402 WD-40 FOR TRANSIT 10.81 04/26/2022 0.00 04/26/2022 4451-216429 DOT TAPE TO ENHANCE SIGN VISIBILITY 126.84 04/26/2022 0.00 04/26/2022 4451-216532 HARDWARE TO SECURE GATOR BATTERIES 4.32 04/27/2022 0.00 04/27/2022 4451-216539 HARDWARE TO SECURE GATOR BATTERIES 4.32 04/27/2022 0.00 04/27/2022 1111
Vendor Number

PITNEY BOWES
Total Vendor Amount
271.55
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/12/2022 271.55
Payable Number Description Payable Amount Payable Date Discount Amount Due Date 3105472471 LEASE 03.01.22 - 05.29.22 POSTAGE METER 271.55 04/25/2022 0.00 04/25/2022 1347
Vendor Number

RAFAEL ANGUIANO
Total Vendor Amount
884.10
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/12/2022 884.10
Payable Number Description Payable Amount Payable Date Discount Amount Due Date ORDER 02.18.22 3 SETS OF MAGNETIC SIGNS FOR ARVIN PD 240.00 02/18/2022 0.00 02/18/2022 ORDER 04.26.22 8 X 10 BACK WALL SET UP FOR EASTER EVENT 644.10 04/26/2022 0.00 04/26/2022 1411
Vendor Number

ROCK BOTTOM INC
Total Vendor Amount

50.00 Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/12/2022 50.00
Payable Number Description Payable Amount Payable Date Discount Amount Due Date REFUND CR37506 REFUND CR37506 OVERPAYMENT OF $50 2022 BUS LIC 50.00 05/03/2022 0.00 05/03/2022 1200
Vendor Number

SELF HELP ENTERPRISES
Total Vendor Amount
1,329.43
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/12/2022 1,329.43
Payable Number Description Payable Amount Payable Date Discount Amount Due Date CV2 INVOICE #1 CDBG CV2 ADMIN SERVICES 11.01.21 - 11.30.21 17.50 01/23/2022 0.00 01/23/2022 CV2 INVOICE #2 CDBG CV2 ADMIN SERVICES 12.01.21 - 12.30.21 500.82 01/23/2022 0.00 01/23/2022 CV2 INVOICE #3 CDBG CV2 ADMIN SERVICES 01.01.22 - 01.31.22 239.83 02/21/2022 0.00 02/21/2022 CV2 INVOICE #4 CDBG CV2 ADMIN SERVICES 02.01.22 - 02.28.22 164.73 03/24/2022 0.00 03/24/2022 CV2 INVOICE #5 CDBG CV2 ADMIN SERVICES 03.01.22 - 03.31.22 406.55 04/26/2022 0.00 04/26/2022 1123
Vendor Number

SO CAL GAS CO
Total Vendor Amount
226.30
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/12/2022 226.30
Payable Number Description Payable Amount Payable Date Discount Amount Due Date SERVICES 03.29.22 - 04.27.22 SERVICES 03.29.22 - 04.27.22 226.30 04/29/2022 0.00 04/29/2022

SPARKLE TEXTILE RENTAL SERVICE
Total Vendor Amount
1,447.30
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/12/2022 1,447.30
Payable Number Description Payable Amount Payable Date Discount Amount Due Date UNIFORM SERIVCES APR2022UNIFORM SERIVCES APR2022 1,447.30 05/02/2022 0.00 05/02/2022 1033
Vendor Number

SPECTRUM BUSINESS
Total Vendor Amount
398.25
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/12/2022 398.25
Payable Number Description Payable Amount Payable Date Discount Amount Due Date 064070101050222 SERVICE 05.01.22 - 05.31.22 289.26 05/02/2022 0.00 05/02/2022 069794801043022 PUBLIC WORKS SVC 04.29.22 - 05.28.22 108.99 04/30/2022 0.00 04/30/2022 1126
Vendor Number

STAPLES BUSINESS ADVANTAGE
Total Vendor Amount
1,161.19
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/12/2022 1,161.19
Payable Number Description Payable Amount Payable Date Discount Amount Due Date STATEMENT 1641674621 OFFICE SUPPLIES FOR THE CITY APR2022 1,161.19 04/25/2022 0.00 04/25/2022 1131
Vendor Number

TEL-TEC SECURITY SYSTEMS
Total Vendor Amount
110.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/12/2022 110.00
Payable Number Description Payable Amount Payable Date Discount Amount Due Date 775896 ARVIN ADOBE COMPLEX FIRE MONITORING MAY2022 110.00 05/01/2022 0.00 05/01/2022 1201
Vendor Number

WESTERN ALLIANCE BANK LOAN PMT
Total Vendor Amount
172,665.71
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/12/2022 172,665.71
Payable Number Description Payable Amount Payable Date Discount Amount Due Date A#04500161025-61026 05.01.22 LOAN 04500161025-61026 WASTEWATER TREATMENT 172,665.71 03/31/2022 0.00 03/31/2022 1147
Vendor Number

ZEE MEDICAL SERVICE
Total Vendor Amount

41.08 Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/12/2022 41.08
Payable Number Description Payable Amount Payable Date Discount Amount Due Date 34-210522 FIRST AID SUPPLIES ARVIN PD 05.03.22 41.08 05/03/2022 0.00 05/03/2022

4.A.1
Attachment: Demand Register May 06, 2022 - May 19, 2022 (Demand Register(s) of May 06, 2022 - May 19, 2022.) Payment Register APPKT00096 - AP for 05.12.2022
5/12/2022 3:07:08 PM Page 7 of 8
Payment Summary
Type
Payment
Count Discount Payment
Payable
Bank Code Count
Main Pool Ck Check 947,266.91 82 43 0.00
Packet Totals: 82 43 0.00 947,266.91

4.A.1
Attachment: Demand Register May 06, 2022 - May 19, 2022 (Demand Register(s) of May 06, 2022 - May 19, 2022.) 5/18/2022 5:36:39 PM Page 1 of 7
Payment Register
City of Arvin APPKT00099 - AP for 05.17.2022
01 - Vendor Set 01
Bank: Main Pool Ck - Main Checking - BOA
1207
Vendor Number

ACC BUSINESS
Total Vendor Amount
948.27
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/18/2022 948.27
Payable Number Description Payable Amount Payable Date Discount Amount Due Date 221043964 SERVICE 03.11.2022 - 04.10.2022 948.27 04/27/2022 0.00 04/27/2022 1010
Vendor Number

AMERICAN BUSINESS MACHINES
Total Vendor Amount

70.58 Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/18/2022 70.58
Payable Number Description Payable Amount Payable Date Discount Amount Due Date 619742 BUISNESS CARDS FOR JEFF JONES 70.58 05/02/2022 0.00 05/02/2022 1255
Vendor Number

BRANDONS TRANSMISSION
Total Vendor Amount
1,188.90
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/18/2022 1,188.90
Payable Number Description Payable Amount Payable Date Discount Amount Due Date 7107 Unit 304 STARTER, TOW, PARKING BRAKE 1,188.90 04/29/2022 0.00 04/29/2022 1054
Vendor Number

C & T AUTOMOTIVE, INC
Total Vendor Amount

76.06 Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/18/2022 76.06
Payable Number Description Payable Amount Payable Date Discount Amount Due Date 900032238 UNIT 288 REMOVE AND REPLACED RR LIGHT ASSEM 76.06 04/27/2022 0.00 04/27/2022 1045
Vendor Number

CLARK PEST CONTROL OF STOCKTON
Total Vendor Amount
467.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/18/2022 467.00
Payable Number Description Payable Amount Payable Date Discount Amount Due Date 30598505 COMMUNITY DEVELOPMENT BLDG PEST AWAY SERV 81.00 05/04/2022 0.00 05/04/2022 30598551 APD PEST AWAY SERVICE 305.00 05/04/2022 0.00 05/04/2022 30598556 TRANSIT PEST AWAY SERVICE 81.00 05/04/2022 0.00 05/04/2022 1205
Vendor Number

CLEAN CUT LANDSCAPE MANAGEMENT INC
Total Vendor Amount
3,325.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/18/2022 3,325.00
Payable Number Description Payable Amount Payable Date Discount Amount Due Date 3555 ARVIN LANDSCAPE & MAINT LLMD NO. 1 4/2022 2,680.00 04/30/2022 0.00 04/30/2022 3556 ARVIN LANDSCAPE & MAINT LLMD NO. 2 4/2022 645.00 04/30/2022 0.00 04/30/2022 1047
Vendor Number

COMMUNICATION ENTERPRISES
Total Vendor Amount
742.24
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/18/2022 742.24
Payable Number Description Payable Amount Payable Date Discount Amount Due Date 1111056 UHF STUBBY ANTENA, UHF DIG PORTABLE 427.24 05/04/2022 0.00 05/04/2022 1111528 LTR 450 DISPATCH TRANSIT 135.00 05/10/2022 0.00 05/10/2022 1111529 12 UNITS LTR 450 DISPATCH PUBLIC WORKS 180.00 05/10/2022 0.00 05/10/2022

4.A.1
Attachment: Demand Register May 06, 2022 - May 19, 2022 (Demand Register(s) of May 06, 2022 - May 19, 2022.) Payment Register APPKT00099 - AP for 05.17.2022
5/18/2022 5:36:39 PM Page 2 of 7
1159
Vendor Number
COPOWER ID 903697
Total Vendor Amount
230.89
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/18/2022 230.89
Payable Number Description Payable Amount Payable Date Discount Amount Due Date 2172204 CHIRO SVCS JUN2022 230.89 05/09/2022 0.00 05/09/2022 1176
Vendor Number

CORELOGIC SOLUTIONS LLC
Total Vendor Amount
137.50
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/18/2022 137.50
Payable Number Description Payable Amount Payable Date Discount Amount Due Date 30604511 DUES AND SUBSCRIPTIONS 137.50 04/30/2022 0.00 04/30/2022 1298
Vendor Number

CREATIVE FINANCIAL STAFFING
Total Vendor Amount
2,386.80
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/18/2022 2,386.80
Payable Number Description Payable Amount Payable Date Discount Amount Due Date 122190211 C.DURAN & M.GONZALEZ WEEK ENDING 05/15/2022 2,386.80 05/15/2022 0.00 05/15/2022 1058
Vendor Number

DEPARTMENT OF JUSTICE
Total Vendor Amount
290.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/18/2022 290.00
Payable Number Description Payable Amount Payable Date Discount Amount Due Date 576913 FINGERPRINT SVCS APR2022 290.00 05/04/2022 0.00 05/04/2022 1193
Vendor Number

DIAMOND TECHNOLOGIES INC
Total Vendor Amount
4,863.75
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/18/2022 4,863.75
Payable Number Description Payable Amount Payable Date Discount Amount Due Date 30976SC SECURECENTRIC + FIREWALL 2,224.00 04/29/2022 0.00 04/29/2022 30977 BACKUP CENTRIC PD APR2022 539.70 04/29/2022 0.00 04/29/2022 30978 BACKUP CENTRIC ADMIN 449.75 04/29/2022 0.00 04/29/2022 30979MS MICROSOFT 365 FOR BUSINESS APR2022 1,650.30 04/29/2022 0.00 04/29/2022 1303
Vendor Number

DOROTHY JUNE BAKER
Total Vendor Amount
974.23
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/18/2022 974.23
Payable Number Description Payable Amount Payable Date Discount Amount Due Date 7234 BLOWER FOR NEW EE 974.23 04/29/2022 0.00 04/29/2022 1310
Vendor Number

ERIC REYES GUERRA
Total Vendor Amount
620.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/18/2022 620.00
Payable Number Description Payable Amount Payable Date Discount Amount Due Date INV0067 BUS WASH AND BUMPER SHINE 05.17.22 $50 X 4 200.00 05/17/2022 0.00 05/17/2022 INV0068 ARVIN PD FLEET WASH 05.17.21 $20 X 21 420.00 05/17/2022 0.00 05/17/2022 1070
Vendor Number

GENERAL OFFICE
Total Vendor Amount
354.84
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/18/2022 354.84
Payable Number Description Payable Amount Payable Date Discount Amount Due Date 18734 METER READING APD & COMM 12.01.21- 11.30.22 354.84 05/03/2022 0.00 05/03/2022

GENERAL TREE SERVICES
Total Vendor Amount
3,600.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/18/2022 3,600.00
Payable Number Description Payable Amount Payable Date Discount Amount Due Date 61229 2 CHINESE ELMS HEAVY TREAM NORTHWEST OF PROPERTY05/10/2022 0.00 05/10/2022 3,600.00 1322
Vendor Number

JAKE RAPER JR
Total Vendor Amount
7,785.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/18/2022 7,785.00
Payable Number Description Payable Amount Payable Date Discount Amount Due Date 10 CANNABIS PLANNING SVC 04.16.22 - 04.30.22 4,770.00 05/03/2022 0.00 05/03/2022 11 CANNABIS PLANNING SVC 05.01.22 - 05.15.22 3,015.00 05/15/2022 0.00 05/15/2022 1232
Vendor Number

JEFFREY B KELLEY
Total Vendor Amount
878.31
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/18/2022 878.31
Payable Number Description Payable Amount Payable Date Discount Amount Due Date 3105 APD PRIVACY LOCK 73.71 04/25/2022 0.00 04/25/2022
3106 VETERANS HALL LOCKS FOR NEW GATES 689.60 04/25/2022 0.00 04/25/2022 3128 ADJUST DOOR PIVOT, TRANSIT 115.00 05/01/2022 0.00 05/01/2022 1413
Vendor Number

JESUS BRAVO
Total Vendor Amount
3,000.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/18/2022 3,000.00
Payable Number Description Payable Amount Payable Date Discount Amount Due Date 05/04/22 LABOR AND MATERIALS - PAIN INTERIOR OF TRANSIT 3,000.00 05/04/2022 0.00 05/04/2022 1408
Vendor Number

KOSMONT REAL ESTATE SERVICES
Total Vendor Amount
2,633.80
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/18/2022 2,633.80
Payable Number Description Payable Amount Payable Date Discount Amount Due Date 2204.3-001 PROF REAL ESTATE SERVICES 04.01.22 - 04.30.22 2,633.80 04/30/2022 0.00 04/30/2022 1412
Vendor Number

LEXIPOL LLC
Total Vendor Amount
13,337.35
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/18/2022 13,337.35
Payable Number Description Payable Amount Payable Date Discount Amount Due Date INVLEX9762 ANNUAL LOCAL GOVERMENT SUPPLEMENTAL MANUALS 05/01/2022 0.00 05/01/2022 3,987.35 INVLEX9763 LOCAL GOV. ADMIN FULL IMPLEMENTATION 9,350.00 04/30/2022 0.00 04/30/2022 1107
Vendor Number

OPEN & SHUT ENTERPRISES
Total Vendor Amount
1,250.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/18/2022 1,250.00
Payable Number Description Payable Amount Payable Date Discount Amount Due Date 91985 APD GATE REPAIR 1,250.00 04/20/2022 0.00 04/20/2022 1110
Vendor Number

PACIFIC TIRE ARVIN
Total Vendor Amount
140.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/18/2022 140.00
Payable Number Description Payable Amount Payable Date Discount Amount Due Date 30466 UNIT 285, 4 SENSOR STEM 140.00 04/27/2022 0.00 04/27/2022

4.A.1
Attachment: Demand Register May 06, 2022 - May 19, 2022 (Demand Register(s) of May 06, 2022 - May 19, 2022.) Payment Register APPKT00099 - AP for 05.17.2022
5/18/2022 5:36:39 PM Page 4 of 7
1108
Vendor Number
PG & E
Total Vendor Amount
8,847.32
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/18/2022 8,847.32
Payable Number Description Payable Amount Payable Date Discount Amount Due Date ELEC SVC 04.12.22 - 05.12.22 ELEC SVC 04.12.22 - 05.12.22 8,847.32 04/26/2022 0.00 04/26/2022 1345
Vendor Number

PROVOST & PRITCHARD CONSULTING GROUP
Total Vendor Amount
21,798.30
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/18/2022 21,798.30
Payable Number Description Payable Amount Payable Date Discount Amount Due Date 91979 CDBG FRANKLIN ST REHAB PHASE DD 03.01.22- 03.31.22 21,798.30 04/30/2022 0.00 04/30/2022 1114
Vendor Number

PUBLIC WORKS COUNTY OF KERN
Total Vendor Amount
1,332.75
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/18/2022 1,332.75
Payable Number Description Payable Amount Payable Date Discount Amount Due Date ARV 05.08.22 BANI, STSW, & MUNI SVCS APR2022 1,332.75 05/08/2022 0.00 05/08/2022 1119
Vendor Number

SAN JOAQUIN VALLEY APCD
Total Vendor Amount
450.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/18/2022 450.00
Payable Number Description Payable Amount Payable Date Discount Amount Due Date REFUND CR37388 REFUND CR37388 SECURITY DEP VET'S HALL 04.27.22 450.00 05/11/2022 0.00 05/11/2022 1130
Vendor Number

TAG AMS INC
Total Vendor Amount
255.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/18/2022 255.00
Payable Number Description Payable Amount Payable Date Discount Amount Due Date 2809482 URINE DRUG TEST CCF 7914635630 TERESA CONTRERAS 85.00 05/11/2022 0.00 05/11/2022 2810104 URINE DRUG SCREEN CCF7200638260 85.00 05/11/2022 0.00 05/11/2022 2810388 URINE DRUG TEST CCF7914635695 85.00 05/11/2022 0.00 05/11/2022 1145
Vendor Number

VEOLIA WATER NORTH AMERICA MAINT NOTE
Total Vendor Amount
161,245.33
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/18/2022 161,245.33
Payable Number Description Payable Amount Payable Date Discount Amount Due Date 9000032996 O & M SERVICES WASTEWATER MAR2022 161,245.33 04/26/2022 0.00 04/26/2022 1140
Vendor Number
VERIZON WIRELESS 609123961 5
Total Vendor Amount
812.50
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/18/2022 812.50
Payable Number Description Payable Amount Payable Date Discount Amount Due Date 9905039282 ARVIN PD CELL PHONES 03.26.22 - 04.25.22 812.50 04/25/2022 0.00 04/25/2022 1139
Vendor Number
VERIZON WIRELESS 609123961 6
Total Vendor Amount
646.17
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/18/2022 646.17
Payable Number Description Payable Amount Payable Date Discount Amount Due Date 9905039283 ARVIN PD AIR CARDS 03.26.22 - 04.25.22 646.17 04/25/2022 0.00 04/25/2022

4.A.1
Attachment: Demand Register May 06, 2022 - May 19, 2022 (Demand Register(s) of May 06, 2022 - May 19, 2022.) Payment Register APPKT00099 - AP for 05.17.2022
5/18/2022 5:36:39 PM Page 5 of 7
1186
Vendor Number
VERIZON WIRELESS 642023305 2
Total Vendor Amount
576.52
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/18/2022 576.52
Payable Number Description Payable Amount Payable Date Discount Amount Due Date 9905247234 TRANSIT SVCS 03.29.22 - 04.28.22 576.52 04/28/2022 0.00 04/28/2022 1142
Vendor Number

WELLS FARGO LEASE PMTS
Total Vendor Amount
705.15
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/18/2022 705.15
Payable Number Description Payable Amount Payable Date Discount Amount Due Date 5019786506 LARGE COPIER LEASE COMM DEV 04.12.22 - 05.11.22 285.91 04/15/2022 0.00 04/15/2022 5019915012 COMM DEV LEASE 04.31.22 - 05.20.22 110.88 04/25/2022 0.00 04/25/2022 5020013637 COPIER LEASE ARVIN PD 04.29.22 - 05.28.22 183.87 05/03/2022 0.00 05/03/2022 5020023217 COMM DEV LEASE LARGE COPIER 04.30.22 - 05.29.22 124.49 05/04/2022 0.00 05/04/2022

4.A.1
Attachment: Demand Register May 06, 2022 - May 19, 2022 (Demand Register(s) of May 06, 2022 - May 19, 2022.) Payment Register APPKT00099 - AP for 05.17.2022
5/18/2022 5:36:39 PM Page 6 of 7
Payment Summary
Type
Payment
Count Discount Payment
Payable
Bank Code Count
Main Pool Ck Check 245,969.56 51 33 0.00
Packet Totals: 51 33 0.00 245,969.56

4.A.1
Attachment: Demand Register May 06, 2022 - May 19, 2022 (Demand Register(s) of May 06, 2022 - May 19, 2022.)

4.B.1
Attachment: Payroll Register of May 13, 2022 (Payroll Register(s) of May 13, 2022.)

4.B.1
Attachment: Payroll Register of May 13, 2022 (Payroll Register(s) of May 13, 2022.) 5/19/2022 5:58:51 PM Page 1 of 3
Payment Register
City of Arvin APPKT00101 - Check Request to Record Notice of Exemption 1061 S 01 - Vendor Set 01
Bank: Main Pool Ck - Main Checking - BOA
1086
Vendor Number

KERN COUNTY CLERK
Total Vendor Amount

50.00 Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/19/2022 50.00
Payable Number Description Payable Amount Payable Date Discount Amount Due Date PERMIT NO 2022-1061 S. DERBYFILING NOT OF EXEMPT 1061 S DERBY PERMIT 2022-1061 05/19/2022 0.00 05/19/2022 50.00 Payment Register APPKT00101 - Check Request to Record Notice of Exemption 1061 S 5/19/2022 5:58:51 PM Page 2 of 3
Payment Summary
Type
Payment
Count Discount Payment
Payable
Bank Code Count
Main Pool Ck Check 50.00 1 1 0.00
Packet Totals: 1 1 0.00 50.00
Payment Register APPKT00101 - Check Request to Record Notice of Exemption 1061 S 5/19/2022 5:58:51 PM Page 3 of 3
Cash Fund Summary
Fund Amount Name
90 Main Pooled Cash Fund -50.00
Packet Totals: -50.00
Arvin City Council Meeting Minutes – May 10, 2022

Page 1 of 4 ends

REGULAR MEETING MINUTES

ARVIN CITY COUNCIL / SUCCESSOR AGENCY TO THE

ARVIN COMMUNITY REDEVELOPMENT AGENCY / ARVIN HOUSING

AUTHORITY / ARVIN PUBLIC FINANCING AUTHORITY
MAY 10, 2022
CALL TO ORDER @ 6:02PM

PLEDGE OF ALLEGIANCE

INVOCATION
ROLL CALL: CM Franetovich and Mayor Trujillo absent; All others present.

1. APPROVAL OF AGENDA AS TO FORM.

Motion to approve the Agenda with the following change:
- Postpone Action Item 5A to the next Regular City Council Meeting.

Motion CM Reyes Second CM Horton Vote 3-0

3. PRESENTATION(S)
A. Swearing In of New Lieutenant, Alex G. Ghazalpour
Cecilia Vela, City Clerk

4. CONSENT AGENDA ITEM(S)
A. Approval of Demand Register(s) of April 22, 2022 – May 05, 2022.

B. Approval of Payroll Register(s) of April 29, 2022.

C. Approval of the Minutes of the Regular Meeting of April 26, 2022.

D. Approval to Participate in the Used Oil Payment Program Managed by the County of Kern for the Fiscal Year of 2022-2023.

E. Approval of A Resolution of the City Council of the City of Arvin to Approve the 2021 Housing Element Annual Progress Report.

Resolution No. 2022-25

4.C.1
Attachment: Minutes of the Regular Arvin City Council Meeting of May 10, 2022 (Minutes of the Regular Meeting of May 10, 2022.) Arvin City Council Meeting Minutes – May 10, 2022

Page 2 of 4 ends

F. Approval of A Resolution of the City Council of the City of Arvin Consenting to the Submittal of a Grant Application and Application Documents to the Federal Transit Administration 5311 Program; and Authorizing Related Actions.

Resolution No. 2022-26
G. Approval of A Resolution of the City Council of the City of Arvin Approving the Public Transportation Agency Safety Plan (PTASP); and Authorizing Related Actions.

Resolution No. 2022-27
H. Approval of A Resolution of the City Council of the City of Arvin Approving the Transit Asset Management Plan (TAM); Authorizing Related Actions.

Resolution No. 2022-28
I. Approval of A Resolution of the City Council of the City of Arvin Calling and Giving Notice of the Holding of A General Municipal Election to be Held on Tuesday, November 08, 2022, for the Election of Three (3) Members of the City Council.

Resolution No. 2022-29
J. Approval of A Resolution of the City Council of the City of Arvin Requesting the Board of Supervisors of the County of Kern to Consolidate A General Municipal Election to be Held on Tuesday, November 08, 2022 with the Statewide General Election to be Held on the Same Date.

Resolution No. 2022-30
K. A Resolution of the City Council of the City of Arvin Awarding A Professional Services Agreement to Realty Planners Group, Inc. to Prepare the 2023-2031 Housing Element, and Authorizing Related Actions.

Resolution No. 2022-31
Agreement No. 2022-08
Staff recommends approval of the Consent Agenda.

Motion to approve Consent Agenda Items 4A – 4K.

Motion CM Horton Second CM Reyes Vote 3-0

5. ACTION ITEM(S)
A. Consideration and Adoption of the Transit Supervisor Position, Job Description and Corresponding Salary Schedule. (HR Manager) Staff recommends to adopt the Transit Supervisor job description and revised salary schedule and support the promotion of a qualified applicant to the position.

Above Action Item 5A postponed to the next Regular Arvin City Council Meeting.

4.C.1
Attachment: Minutes of the Regular Arvin City Council Meeting of May 10, 2022 (Minutes of the Regular Meeting of May 10, 2022.) Arvin City Council Meeting Minutes – May 10, 2022

Page 3 of 4 ends

B. Arvin Community Center Leases and Operations. (Mayor Trujillo) Staff recommends consideration and direction from Council.

Motion to direct the City Manager to terminate the Real Property Lease Agreement between the City of Arvin and The Boys and Girls Club of Kern County (Agreement No. 2017-02) for real property located at 800 Walnut Drive, Arvin (Arvin Community Center) and offer another location for them to move to.

Motion CM Horton Second CM Reyes Vote 3-0
C. Discussion and Action on Measures to Mitigate the Impacts of the COVID-19 (Coronavirus) Pandemic. (City Manager)
Staff recommends to discuss and take action as appropriate.

No motion and no action taken for the Above Action Item 5C.

6. STAFF REPORTS

7. COUNCIL MEMBER COMMENTS

8. CLOSED SESSION ITEM(S)
A. Threats to Public Services or Facilities (Pursuant to Government Code, § 54957(a).)
Consultation with: City Attorney and/or City Emergency or Critical Function Personnel.

B. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2) and (3): (five potential cases)
C. Threats to Public Services or Facilities (Wastewater Treatment Facility) (Pursuant to Government Code, § 54957(a).)
Consultation with: City Manager
CLOSED SESSION REPORTY BY CITY ATTORNEY:
8A. No reportable action.
8B. No reportable action. Two (2) potential cases were removed; Three (3) cases remain with no reportable action.
8C. The City Council was informed that the necessary repairs to the Wastewater Treatment Facility exceed the City's budget; City Staff will work with the State to try and find a solution.

4.C.1
Attachment: Minutes of the Regular Arvin City Council Meeting of May 10, 2022 (Minutes of the Regular Meeting of May 10, 2022.) Arvin City Council Meeting Minutes
– May 10, 2022

Page 4 of 4 ends

9. ADJOURNED @ 7:35PM
Respectfully submitted,
Cecilia Vela, City Clerk

4.C.1
Attachment: Minutes of the Regular Arvin City Council Meeting of May 10, 2022 (Minutes of the Regular Meeting of May 10, 2022.) 1 AGREEMENT NO. __________

CITY OF ARVIN

SECOND AMENDMENT TO

PROFESSIONAL SERVICES AGREEMENT
(AUDITING SERVICES)

THIS SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT (herein “Second Amendment”) is made and entered into this ____ day of _____________, 2022, by and between the CITY OF ARVIN, a California municipal corporation herein (“City”) and The Pun Group, LLP herein (“Contractor”).

R E C I T A L S
A. WHEREAS, The parties entered into a Professional Services Agreement dated June 20th, 2017 (“Agreement”) for the provision of auditing services; and B. WHEREAS, a true and correct copy of the Agreement is attached hereto as Exhibit “A;” and
C. WHEREAS, on May 10, 2022, Contractor proposed an extension to the Agreement to include the Fiscal Year ending June 30, 2022. A true and correct copy of the proposal is attached hereto as Exhibit “B;” and
C. WHEREAS, The parties now desire to enter into this Second Amendment to amend the Agreement to update the term of the Contract and the Contract Sum and to clarify that general services may be authorized by Task Order.

A G R E E M E N T
In consideration of the foregoing Recitals and for good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the City and Consultant agree as follows:

1. Section 2.1 of the Agreement is amended to read in entirety as follows:

2.1 Contract Sum. Subject to any limitations set forth in this Agreement, the City agrees to pay contractor an amount not exceeding Forty-Seven Thousand, Four Hundred and Seventy Six dollars ($47,476.00) (“Contract Sum”), unless additional compensation is approved pursuant to Section 2.3. The term of the agreement is extended to June 30th, 2023, and includes professional auditing services for Fiscal Year 2021-22.

2. Section 2.3 of the Agreement is added to read in its entirety as follows:

2.3 Additional Services. The City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken

4.D.1
Attachment: 2nd Amendment The Pun Group Audit Svcs (2nd Amendment to PSA with The Pun Group for Auditing Services) 2 unless a written order is first given by the Contract Officer to the Consultant, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Consultant. Any increase in compensation of up to five percent (5%) of the Contract Sum or twenty-five thousand dollars ($25,000.00), whichever is less; or in the time to perform of up to one hundred eighty (180) days may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively must be approved by majority vote of the City Council. It is expressly understood by Consultant that the provisions of this Section shall not apply to services specifically set forth in Exhibit “A” or reasonably contemplated therein. Consultant hereby acknowledges that it accepts the risk that the services to be provided pursuant to Exhibit “A” may be more costly or time consuming than Consultant anticipates and that Consultant shall not be entitled to additional compensation therefor, unless a Task Order is approved in writing by the City Council. A Task Order approved by writing by the City Council may also be used to amend the Contract Sum.

3. Incorporated Provisions. A copy of the Agreement (Exhibit A) is attached hereto and, except as otherwise amended in this Second Amendment, are incorporated as though set forth in full herein.

4. Full Force and Effect. Except as expressly provided in this Second Amendment, all other terms and conditions of the Agreement shall remain in full force and effect.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.

CITY:

CITY OF ARVIN, a municipal corporation
Olivia Trujillo, Mayor
ATTEST:

Cecilia Vela, City Clerk
APPROVED AS TO FORM:

HODGES LAW GROUP
Nathan Hodges, City Attorney
CONTRACTOR:

THE PUN GROUP, LLP
Signature
Print Name:

Title:

Signature
Print Name:

Title:

Two signatures are required if a
corporation.

4.D.1
Attachment: 2nd Amendment The Pun Group Audit Svcs (2nd Amendment to PSA with The Pun Group for Auditing Services) 3 NOTE: CONSULTANT’S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE

ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY.
[END OF SIGNATURES]

4.D.1
Attachment: 2nd Amendment The Pun Group Audit Svcs (2nd Amendment to PSA with The Pun Group for Auditing Services)

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

COUNTY OF KERN
On __________, 2021 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: _____________________________________

OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER
_______________________________

TITLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.

4.D.1
Attachment: 2nd Amendment The Pun Group Audit Svcs (2nd Amendment to PSA with The Pun Group for Auditing Services)

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: _____________________________________

OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER
_______________________________

TITLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

4.D.1
Attachment: 2nd Amendment The Pun Group Audit Svcs (2nd Amendment to PSA with The Pun Group for Auditing Services)

EXHIBIT
“A”

PROFESSIONAL SERVICES AGREEMENT

4.D.1
Attachment: 2nd Amendment The Pun Group Audit Svcs (2nd Amendment to PSA with The Pun Group for Auditing Services)

EXHIBIT
“B”

PROPOSAL

4.D.1
Attachment: 2nd Amendment The Pun Group Audit Svcs (2nd Amendment to PSA with The Pun Group for Auditing Services)

4.D.2
Attachment: Exhibit A: Contract Services Agmt for Auditing Services_The Pun Group_June 20, 2017 (2nd Amendment to PSA with The Pun

4.D.2
Attachment: Exhibit A: Contract Services Agmt for Auditing Services_The Pun Group_June 20, 2017 (2nd Amendment to PSA with The Pun May 10, 2022
City of Arvin
Mr. Jeffrey Jones – Finance Director
200 Campus Drive
Arvin, CA 93203
RE: Audit Services Contract Extension – Fiscal Year Ending June 30, 2022 Dear Mr. Jones:

I would like to take this opportunity to thank you for the confidence and support the City of Arvin (the “City”) has provided to us over the past years and present this letter for your consideration regarding extending The Pun Group, LLP’s contract with the City.

We have developed an understanding of the City’s operations that has aided us in providing quality Audit Services. With that knowledge, we have been able to expand our audit efforts and provide observations that have assisted the City’s staff. We have also demonstrated our ability to respond to requests of the City and our ability to deliver quality services. It is our understanding the City of Arvin has been satisfied with our efforts.

We would like to propose an extension of our Audit Services contract to include the Fiscal Year Ending June 30, 2022. The objective of our audits is to issue an opinion regarding the fairness of the presentation of the City’s financial statements in accordance with generally accepted accounting principles. The proposed total all-inclusive maximum price breakdown is presented as follows:

Cost Breakdown for Services Performed in Connection With: Total (2) City Audit and Related Reports $ 41,403
Single Audit and Related Reports (1 Major Program) (1) $ 3,864 Cities Financial Transactions Report $ 1,656
Transit Operations' Financial Transactions Report $ 553 Total for Fiscal Year (Not-to-Exceed) (2) $ 47,476
(1) Single Audit fee includes up to one (1) major program. Fees for auditing additional major programs will be $4,000 each. The number of programs determined to be “major” will be based on OMB Uniform Guidance. The Engagement Team will discuss this with the City’s Management before starting Single Audit work.
(2) Supplemental reports, audits, or agreed-upon procedures must be added in a written agreement prior to commencing audit work. The Firm and the City will discuss and approve the scope and associated costs of these tasks.

If the City agrees with the foregoing, please sign the copy of this letter in the space provided and return it to us.

We would very much like to continue our relationship with the City of Arvin and stand ready to provide the level of service and commitment to which the City has become accustomed. If you have any questions, please feel free to call me at (949) 777-8801.

Sincerely,
The Pun Group, LLP
Kenneth H. Pun, CPA, CGMA | Managing Partner
200 E. Sandpointe Ave., Suite 600, Santa Ana, California 92707 www.pungroup.cpa

4.D.3
Attachment: Exhibit B: Proposal_Extension Letter 2022_The Pun Group Dated May 10, 2022 (2nd Amendment to PSA with The Pun Group for City of Arvin
Audit Services Contract Extension

Page 2 ends

***
This letter correctly sets forth the understanding of the City of Arvin as described.

Acknowledged by:
_______________________________________________________ City of Arvin
_______________________________________________________ Signature
_______________________________________________________ Name and Title
_______________________________________________________ Date

4.D.3
Attachment: Exhibit B: Proposal_Extension Letter 2022_The Pun Group Dated May 10, 2022 (2nd Amendment to PSA with The Pun Group for

CITY OF ARVIN
Staff Report
Meeting Date: May 24, 2022
TO: Arvin City Council
FROM: Dennis Clark, Finance Supervisor
Jeff Jones, City Manager
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARVIN

RECEIVING AND ADOPTING THE ANNUAL STATEMENT OF

INVESTMENT POLICY AND AUTHORIZING THE INVESTMENT OF
SURPLUS FUNDS CONSISTENT WITH THE SAME.

BACKGROUND:

This statement is intended to provide a guideline for the prudent investment of funds and to outline the policies for maximizing the efficiency of the City of Arvin and its components units (“Entity”) cash management system. The ultimate goal is to enhance the economic status of the City while protecting its pooled funds. This investment policy has been prepared so as to be in conformance with all pertinent existing laws of the State of California for General Law cities.

The investment policy should be reviewed and adopted on an annual basis. The investment policy most recently adopted by the Council was on June 08, 2021.

OBJECTIVE:

The goal of the City’s investment policy is to enable the City to invest funds to enhance the economic status while protecting its pooled cash. The city attempts to obtain a market rate of interest without assuming undue risk to principal. The objective of such investments is:
1) preservation of capital with maintenance of liquidity ; and 2) a competitive rate of return.

DELEGATION OF AUTHORITY:

The authority of the legislative body to invest or to reinvest funds of the Entity is delegated to the City Finance Director in accordance with State Statutes.

INVESTMENT RESPONSIBILITY / REPORTING:

Investments are the responsibility of the City Finance Director. He shall be responsible for reporting the status of investments to the City Council and the City Manager on a quarterly basis.

In addition, to be in compliance with the California Government Code, a report will be submitted to City Council not later than thirty (30) days after the end of the quarter which shows the type of investment, institution, cost, par, market value, interest rate, date of maturity, and source of market value for all investments of more than twelve months. The report will contain a certification regarding the compliance of investments with the Entity’s investment policy and disclosure regarding the availability to provide sufficient liquidity to meet six months of estimated expenditures.

4.E.1
Attachment: Staff Report Arvin Investment Policy FY 22-23_052422 (City of Arvin Investment Policy FY 22-23) PRUDENCE:

The standard of prudence to be applied by the City Finance Director shall be the “prudent investor” rule, which states, “Investments shall be made with judgment and care, under circumstances then prevailing, which persons of prudence description and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital, as well as the probable income to be derived.” The prudent investor rule shall be applied in the context of managing the overall portfolio.

INVESTMENT CRITERIA:

Criteria for selecting investments and the order of priority are:

1. SAFETY
The safety and risk associated with an investment refers to the potential loss of principal, interest or a combination of these amounts. The City only operates in those investments that are considered secure.

2. LIQUIDITY
This refers to the ability to “cash in” at any moment in time with a minimal chance of losing some portion of principal or interest. Liquidity is an important investment quality especially when the need for unexpected funds occurs occasionally.

3. YIELD
Yield is the potential dollar earnings an investment can provide and sometimes is described as the rate of return.

INVESTMENT INSTRUMENTS:

California cities may invest in any instrument allowable under current legislation of the State of California (Government Code Section 53600 et al.) so long as the investment is appropriate when the City’s investment objectives and policies are taken into consideration. Please see the attached proposed City of Arvin 2022-2023 Investment Policy for specifics.

FINANCIAL IMPACT:

N/A.

4.E.1
Attachment: Staff Report Arvin Investment Policy FY 22-23_052422 (City of Arvin Investment Policy FY 22-23)

Page 1 of 2 ends

Reso Adopting the Annual Statement of Investment Policy FY 22-23 RESOLUTION NO. ___________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARVIN

RECEIVING AND ADOPTING THE ANNUAL STATEMENT OF

INVESTMENT POLICY AND AUTHORIZING THE INVESTMENT OF
SURPLUS FUNDS CONSISTENT WITH THE SAME.

WHEREAS, the Legislature of the State of California has declared that the deposit and investment of public funds by local officials and local agencies is an issue of statewide concern (California Government Code sections 53600.6 and 53630.1; and WHEREAS, the legislative body of a local agency may invest surplus monies not required for the immediate necessities of the local agency in accordance with the provisions of California Government Code Sections 5920 et seq. and 53601 et seq.; and WHEREAS, the Finance Director of the City of Arvin shall annually prepare and submit a statement of investment policy and such policy, and any changes thereto, shall be considered by the legislative body at a public meeting; (CGC 53646(a)); and WHEREAS, both the Finance Director and the City Council declare the Annual Statement of Investment Policy included as Attachment “A” to this resolution to be the City of Arvin’s Investment Policy for Fiscal Year 2022-2023.

NOW THEREFORE BE IT RESOLVED, by the City Council of Arvin as follows:

1. The City Council receives, files and adopts the Annual Statement of Investment Policy for the City of Arvin.

2. The City Council confirms the authority of the Finance Director of the City of Arvin to invest surplus funds consistent with the adopted Annual Statement of Investment Policy and consistent the requirements of local, state and federal law. //////
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4.E.2
Attachment: Reso Arvin Investment Policy FY 22-23_052422 (City of Arvin Investment Policy FY 22-23)

Page 2 of 2 ends

Reso Adopting the Annual Statement of Investment Policy FY 22-23 I HEREBY CERTIFY that the foregoing resolution was passed and adopted by the City Council of the City of Arvin at a regular meeting thereof held on the 24th day of May 2022 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST
CECILIA VELA, City Clerk

CITY OF ARVIN
By:

OLIVIA TRUJILLO, Mayor
APPROVED AS TO FORM:

By:

NATHAN HODGES, City Attorney
Hodges Law Group
Exhibit A: City of Arvin Investment Policy FY 2022-2023 I, ______________________________, City Clerk of the City of Arvin, California, DO HEREBY CERTIFY that the foregoing is a true and accurate copy of the Resolution passed and adopted by the City Council of the City of Arvin on the date and by the vote indicated herein.

4.E.2
Attachment: Reso Arvin Investment Policy FY 22-23_052422 (City of Arvin Investment Policy FY 22-23) Fiscal Year2021-22 City of Arvin Investment Policy 06/21/2021 Fiscal Year 2022-23

City of Arvin
Investment Policy
Fiscal Year 2022-2023

1.0 Policy

2.0 Scope

3.0 Prudence

4.0 Investment Objectives
A. Safety
B. Liquidity
C. Yield

5.0 Delegation of Authority

6.0 Ethics and Conflicts of lnterest

7.0 Authorized Financial Dealers and Institutions

8.0 Authorized Suitable Investments

9.0 Review of Investment Portfolio

10.0 Investment Pools/Mutual Funds

11.0 Collateralization

12.0 Safekeeping and Custody

13.0 Diversification

14.0 Maximum Maturities

15.0 Internal Controls

16.0 Performance Standards

17.0 Reporting

18.0 Investment Policy Adoption
Glossary of Investment Policy Terms
Exhibit I -Allowable Investment Instruments Per State Government Code

4.E.3
Attachment: City of Arvin Investment Policy FY 2022-2023 (City of Arvin Investment Policy FY 22-23) Fiscal Year2021-22 City of Arvin Investment Policy 06/21/2021 Fiscal Year 2022-23

1. Policy
This statement is intended to establish the policies for prudent investment of the City of Arvin ("City") funds, and to provide guidelines for suitable investments.

It shall be the policy of the City to invest public funds not required for immediate day-to-day operations securely and in such a manner as to comply with federal, state and local laws, ensure prudent money management, and meet the objectives of this Investment Policy ("Policy"), in priority order of safety, liquidity and return on investment.

In the event of any conflict between this policy and the municipal code, the provisions of the municipal code shall govern.

On June 9, 2020 the City Council appointed the Finance Director as the Treasurer of the City of Arvin.

2. Scope
This investment Policy applies to all investment activities and financial assets of the City. The funds covered by this policy are accounted for and incorporated in the City's Comprehensive Annual Financial Report C'CAFR"), and include but are not limited to:
 General Fund
 Special Revenue Funds
 Capital Projects Funds
 Enterprise Funds
 Any new fund created and approved by the City Council.

3. Prudence
In accordance with California Government Code ("CGC") §53600.3, the Treasurer and/or his designee, who are authorized to make investment decisions on the City's behalf, are trustees and therefore fiduciaries subject to the "prudent investor standard":
"When investing, reinvesting, purchasing, acquiring, exchanging, selling, or managing public funds, a trustee shall act with the care, skill, prudence, and diligence under the circumstances then prevailing, including, but not limited to, the general economic conditions and the anticipated needs of the agency, that a prudent person acting in a like capacity and familiarity with those matters would use in the conduct of funds of a like character and with like aims, to safeguard the principal and maintain the liquidity needs of the agency."
Indemnification of Investment Officials
Investment officers acting in accordance with written procedures and the City's investment policy and exercising due diligence and prudence shall be relieved of personal liability for an individual security credit risk or market price changes, provided that deviations from expectations are reported in a timely fashion, and appropriate action is taken to control adverse developments.

4.E.3
Attachment: City of Arvin Investment Policy FY 2022-2023 (City of Arvin Investment Policy FY 22-23) Fiscal Year2021-22 City of Arvin Investment Policy 06/21/2021 Fiscal Year 2022-23

4. Investment Objectives
The City's primary investment objectives, in order of priority, are (1) safety - the preservation of principal, (2) liquidity - maintaining sufficient liquidity to meet its cash flow needs, and (3) yield - achieving a reasonable rate of return on public funds, while minimizing the potential for capital losses.

A. Safety: Preservation of principal is the foremost objective of the investment program.

Investments shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. The objective is to mitigate credit or default risk, interest rate risk and market risk, as summarized below.

Credit or Default Risk- The risk of loss due to the failure of the security issuer and/or guarantor, or backer, may be mitigated by:
 Limiting purchases to the safest types of investments,  Diversifying the investment portfolio among a variety of securities offering independent returns to minimize any potential losses on individual securities,  Avoiding the concentration of investments in any one specific security type or asset class, in any one financial institution, or in any one specific geographic area or industry,  Pre-qualifying financial institutions, brokers/dealers, intermediaries, and advisers with which the City does business and ensuring competitive transaction pricing.

Interest Rate Risk- The risk that the market value of securities will fall as interest rates rise in the general market may be mitigated by:
 Holding individual securities to maturity: i.e. structuring the investment portfolio to match the timing of cash requirements for ongoing operations, thereby avoiding the need to sell securities on the open market prior to maturity;  Employing a laddering strategy: i.e. staggering maturities of individual securities to provide incremental liquidity over a time horizon;
 Investing an appropriate level of operating funds in money market mutual funds, or similar investment pools, which provide for same or next day access to cash.

Market Risk - The risk of market value fluctuations or volatility may be mitigated by:
 Purchasing securities which are readily tradable in active secondary markets, rather than in thinly traded markets;
 Maintaining prudent duration levels;
 Staggering investment maturity dates over a desired overall duration target.

B. Liquidity: The investment portfolio shall remain sufficiently liquid to meet all reasonably anticipated operating requirements. This is accomplished by structuring the portfolio so that securities mature concurrently with the anticipated operational demands. Furthermore, since

4.E.3
Attachment: City of Arvin Investment Policy FY 2022-2023 (City of Arvin Investment Policy FY 22-23) Fiscal Year2021-22 City of Arvin Investment Policy 06/21/2021 Fiscal Year 2022-23 all possible cash demands cannot be anticipated, it is recommended that a portion of the portfolio consist of money market mutual funds or local government investment pools that offer same-day liquidity for short-term funds, and/or securities with active secondary or resale markets.

C. Yield: The investment portfolio shall be designed with the objective of attaining a market rate of return throughout the budgetary and economic cycles, taking into account the investment risk constraints and liquidity needs. Return on investment is of secondary importance compared to the safety and liquidity objectives described above. The core of investments is limited to relatively low risk securities in anticipation of earning a fair return relative to the risk being assumed. In so far as the City generally maintains a "Buyand-Hold" investment posture (one that avoids disposing of security positions prior to scheduled maturity) securities shall not be sold prior to maturity with the following exceptions:
 A declining credit security which could be sold early to minimize loss of principal;  Liquidity needs of the portfolio that require the security be sold;  A capital gain that would be realized to better position the overall portfolio to achieve investment policy goals.

5. Delegation of Authority
The City Council, as permitted under CGC §53607, delegates the responsibility to invest or reinvest City funds, or to sell or exchange securities so purchased, to the City Treasurer ("Treasurer"). Under the oversight of the Treasurer, responsibility of the operation of the investment program may be explicitly delegated to the Finance Director or City Manager who shall act in accordance with established written procedures and internal controls consistent with this policy. No person may engage in an investment transaction except as provided under the terms of this Policy and the investment procedures established by the Treasurer and approved by the Finance Director.

6. Ethics and Conflicts of Interest
Officers and employees involved in the investment process shall refrain from personal business activity that could conflict with proper execution of the investment program or could impair their ability to make impartial investment decisions. City employees involved in the investment process shall disclose to the City Manager any material financial interest in financial institutions that conduct business within the jurisdiction. They shall further disclose any personal financial/investment positions that could be related to the performance of the investment portfolio. Officers shall refrain from

4.E.3
Attachment: City of Arvin Investment Policy FY 2022-2023 (City of Arvin Investment Policy FY 22-23) Fiscal Year2021-22 City of Arvin Investment Policy 06/21/2021 Fiscal Year 2022-23 undertaking any personal investment transactions with the same individual with whom business is conducted on behalf of the City.

These disclosure requirements shall include complying with the disclosure requirements as established by the Fair Political Practices Commission and Conflict of Interest Codes of the City.

7.Authorized Financial Dealers and Institutions
The Treasurer, in coordination with the Finance Director, shall maintain a list of approved financial institutions authorized to provide investment services to public agencies in the State of California. These may include '"primary" dealers or regional dealers that qualify under Securities & Exchange Commission Rule 15C3-1 (uniform net capital rule). Deposits shall only be made in a qualified public depository as allowed under State Statute. In selecting financial institutions for the deposit or investment of City funds, the Treasurer will consider the credit rating of the institutions.

All financial institutions and broker/dealers who desire to become qualified bidders for investment transactions must supply the City Treasurer and Finance Director with the following:
 Audited financial statements;
 Proof of FINRA certification;
 Trading Resolution;
 Proof of State of California registration;
 Completed broker/dealer questionnaire;
 Written annual certification agreeing to abide by the City's investment policy and depository contracts.

An annual review of the financial condition and registrations of qualified bidders may be conducted by the City Treasurer or designee. As part of any review performed, a current audited financial statement will be obtained for those financial institutions and brokers/dealers subject to review. Whenever reasonable a competitive bid process, utilizing a minimum of two financial institutions deemed eligible by the Treasurer, will be used to place investment purchases. The City shall transact business only with banks, savings and loans, and with brokers/dealers approved by the Treasurer or designee.

4.E.3
Attachment: City of Arvin Investment Policy FY 2022-2023 (City of Arvin Investment Policy FY 22-23) Fiscal Year2021-22 City of Arvin Investment Policy 06/21/2021 Fiscal Year 2022-23

8. Authorized and Suitable Investments
Investment of City funds is governed by the California Government Code Sections 53600 et seq.

Within the context of such limitations, the following investments are authorized:

INVESTMENT TYPE MAXIMUM

MATURITY

MAXIMUM
%

MINIMUM
RATING
U.S. Treasury Obligations 5 years 100% None
U.S. Agency Obligations 5 years 100% None
Bankers' Acceptances 180 days 15%/ 10%
per issuer
None
Commercial Paper 270 days 15%/ 10%
per issuer
Al/Pl issue; AA
issuer
Negotiable Certificates of Deposit 5 years
30%
$250,000 FDIC
Insured
Non-Negotiable Certificates of Deposit 5 years $250,000 FDIC Insured
Placement Service Certificates of Deposit 5 years None
Repurchase Agreements* 1 year 15%/ 10%
per issuer
None
Medium Term Notes 2 years 15%/ 10%
per issuer
AA
Mutual Funds/Money Market Mutual Funds NIA 20%/ 10%
per issuer
Highest rating by 2
NRSROs
Collateralized Bank Deposits 5 years 100% None
Kern County Pooled Investment Fund NIA 100% None
Local Agency Investment Fund (LAIF) NIA 100% None
*Requires a Master Repurchase Agreement to be signed and on file with the bank or broker/dealer.

Legislative Changes
Any State of California legislative action that further restricts allowable maturities, investment type or percentage allocations will be incorporated into the Investment Policy and supersede any and all previous applicable language (see Exhibit 1, Allowable Investment Instruments Per State Government Code).

Unauthorized Investments
Investment of the City's investment portfolio in any of the following identified instruments is specifically prohibited:
• Local Agency Bonds
• California State and Local Agency Obligations
• Other State Obligations
• Negotiable Certificates of Deposit over $250,000 FDIC Limit • Reverse Repurchase Agreements
• Supranational Obligations
• Derivatives
• Common Stock
• Prohibited investments cited in CGC Section 53601.6, including but not limited to:
o Inverse Floaters
o Range Notes

9. Review of Investment Portfolio
The City's investment portfolio must be in compliance with Section 8 of this Policy at the time an investment is purchased. However, it is possible that, subsequently, the portfolio may be in breach of compliance even without any purchase activity due to a downgrade in a security's ratings, redemptions or maturities resulting in exceeding stipulated maximum percentages of a particular investment type, fluctuation in total portfolio size, or a change in California Government Code.

The portfolio shall be monitored, as often as practical, but at least quarterly. The Treasurer shall report any major and critical incidences of portfolio non-compliance either with statutes or Policy to the City Council and provide recommendations to remedy at least quarterly.

10. Investment Pools/Mutual Funds
A thorough investigation of any government sponsored pool and/or mutual fund is required prior to investing and on a continual basis. There shall be a questionnaire developed which will answer the following general questions:
• A description of eligible investment securities, and a written statement of investment policy and objectives.
• A description of how interest is calculated and distributed, and how gains and losses are treated.
• A description of how the securities are safeguarded (including the settlement processes),and how often the securities are priced and the program audited. • A description of who may invest in the program, how often, and what size of deposits and withdrawals are allowed.
• A schedule for receiving statements and portfolio listings. • Are reserves or retained earnings utilized?
• A fee schedule, and method for assessing fee
• Does the pool accept bond proceeds?

11. Collateralization
Collateralization will be required on two types of investments: certificates of deposit and repurchase agreements. In order to anticipate market changes and provide a level of security for all funds, the collateralization level for certificates of deposit will be 110% of market value of principal and accrued interest. Collateralization level for repurchase agreements shall be 102% of market value of principal and accrued interest. Collateral can be either U.S. Treasury securities or Federal Agency securities.

Section 53649 of the California Government Code specifies that the City Treasurer is responsible for entering into the deposit contracts with each depository. Investments held with third parties

4.E.3
Attachment: City of Arvin Investment Policy FY 2022-2023 (City of Arvin Investment Policy FY 22-23) Fiscal Year2021-22 City of Arvin Investment Policy 06/21/2021 Fiscal Year 2022-23 holding collateral shall be properly collateralized in accordance with collateralization requirements of the California Government Code.

12. Safekeeping and Custody
A. Delivery vs. Payment: All security transactions entered into by the City shall be conducted on a "delivery vs. payment" (DVP) basis. The DVP basis for delivery applies also to the delivery and safekeeping of repurchase agreement collateral. Any exception to this standard delivery practice, e.g. a DVP failure necessitating delivery other than by simultaneous exchange, will require written procedural approval by the City Treasurer.

B. Custody: To protect against fraud and embezzlement, the investment securities of the City shall be held by a third party custodian according to established safekeeping procedures.

To protect against potential losses caused by the collapse of individual securities dealers, all securities owned by the City, including collateral on repurchase agreements, shall be held in safekeeping by the City's custodian bank or a third party bank trust department, acting as agent for the City under the terms of a custody or trustee agreement executed by the bank and by the City. Custody will be evidenced by safekeeping receipts.

13. Diversification
The City will diversify its investments by security type, issuer, credit risk profile, financial institution and maturity. See Section 8 for limitations by category on the investment of City funds. Maturities shall be selected which provide for stability of income and reasonable liquidity.

Risks of market price volatility shall be controlled through maturity and issuer diversification.

In order to reduce portfolio risk, the City's portfolio will be diversified by type and issuer. The portfolio shall be diversified to avoid incurring unreasonable and avoidable risks regarding specific security types or individual financial institutions. The City shall diversify its investments by investing funds among a variety of securities offering independent returns and financial institutions. In a diversified portfolio, occasional measured losses are inevitable, and must be considered within the context of the overall portfolio's investment return.

14. Maximum Maturities
To the extent possible, the City shall attempt to match its investments to anticipated cash flow requirements. The Treasurer will not directly invest in securities maturing more than five (5) years from the date of purchase or in accordance with government statute. The weighted average maturity (or duration) of the pooled portfolio shall reflect the liquidity needs and risk profile that the Treasurer deems appropriate. It is intended that all investments will be held to maturity to avoid possible capital loss.

15. Internal Controls
The Finance Director is responsible for establishing and maintaining a system of internal controls to ensure that City assets are protected from loss arising from fraud, employee error, imprudent actions, theft or misuse, and to ensure compliance with this Policy, City-mandated procedures and federal and state laws.

• Segregation of duties,
• Explicit delegation of authority and responsibility
• Timely reconciliation and balancing,
• Documentation, recording, and record keeping,
• Management control and oversight,
• Dual or secondary authorization.

The control structure should cover timely projections of cash flow and funding needs, cash collection and disbursements, wire transfers, anti-theft and anti-fraud practices, depository and custody services, collateral management, broker/dealer services, trading and confirmation, and master repurchase agreements (if appropriate).

It should be designed to provide reasonable assurance that these objectives are met. The concept of reasonable assurance recognizes that (1) the cost of a control should not exceed the benefits likely to be derived, and (2) the valuation of costs and benefits requires estimates and judgments by management.

The Finance Director shall establish an annual process for independent review of these controls, including cash and investment testing, by an external auditor. This review will help to ensure compliance with the City's investment policies and procedures.

16. Performance Standards
The investment portfolio shall be designed with the objective of principal preservation, liquidity and obtaining a rate of return throughout budgetary and economic cycles, commensurate with the investment risk constraints and the cash flow needs.

The City's investment strategy is passive, i.e. securities are purchased with the intent to hold to maturity. Given this strategy and given that the portfolio strategy may change over time due to the City's cash flow needs or due to market conditions, the Treasurer shall select an appropriate benchmark approximating the portfolio's weighted average maturity or select an appropriate combination of benchmarks that reflects the portfolio composition. The Treasurer shall compare the portfolio's total return annually against the appropriate benchmark to determine whether market yields are being achieved.

17. Reporting
Quarterly Reports
The Treasurer shall prepare a quarterly investment report to the City Council and City Manager within 30 days of the end of the quarter, in accordance with CGC Section 53646. Reports may be rendered more frequently at the discretion of the Treasurer or upon request by the City Council or

4.E.3
Attachment: City of Arvin Investment Policy FY 2022-2023 (City of Arvin Investment Policy FY 22-23) Fiscal Year2021-22 City of Arvin Investment Policy 06/21/2021 Fiscal Year 2022-23 City Manager. Quarterly reports shall include the following information as of the end of the quarter:
• Type of investment
• Issuer
• Par and book value of the investment
• Market value
• Source of market value
• Maturity date
• Weighted average maturity of the portfolio
• Interest rate
• Percentage of the total portfolio represented by each investment category • Liquid balances, including, but not limited to, funds held in bank demand deposit accounts, LAIF and county pools
• A statement that the projected cash flow is adequate to meet expected obligations over the next six months, or an explanation of why sufficient money will not be available • A statement that the portfolio is in compliance with this investment policy, and if not, the reason for non-compliance and plan for remedy
Monthly Report
In accordance with CGC Section 53607, the Treasurer shall present a monthly report of transactions, including interest earned, purchases, sales and maturities to the City Council within 30 days of the end of the month.

Annual Report
Annually there shall be provided to the City Council and City Manager a report on the performance of the investment program. The report shall include a narrative discussion of the performance of the investment portfolio.

18. Investment Policy Adoption
The City's Investment Policy shall be adopted by resolution annually by the City Council. The policy shall be reviewed at least annually by the City Treasurer and the Finance Director, in conjunction with the City Manager, and any modifications must be approved by the City Council.

4.E.3
Attachment: City of Arvin Investment Policy FY 2022-2023 (City of Arvin Investment Policy FY 22-23) Fiscal Year2021-22 City of Arvin Investment Policy 06/21/2021 Fiscal Year 2022-23

CITY ARVIN

GLOSSARY OF INVESTMENT POLICY TERMS
Bank Deposit: Deposits in banks or other depository institutions that may be in the form of demand accounts (checking) or investments in accounts that have a fixed term and negotiated rate of interest Bankers' Acceptance: A draft or bill or exchange accepted by a bank or trust company. The accepting institution, as well as the issuer, guarantees payment of the bill.

Benchmark: A passive index used to compare the performance, relative to risk and return, of an investor's portfolio.

Book Value: The value at which an asset is carried on a balance sheet.

Broker: A person or firm that acts as an intermediary by purchasing and selling securities for others rather than for its own account
Buy and Hold Strategy: A strategy based on holding all securities until maturity, regardless of fluctuations in the market.

Cash Flow: A comparison of cash receipts (revenues) to required payments (debt service, operating expenses, etc.).

Certificate of Deposit (CD): A short-term, secured deposit in a financial institution that usually returns principal and interest to the lender at the end of the loan period.

CD Placement Service: A service that allows local agencies to purchase more than $250,000 in CDs from a single financial institution while still maintaining FDIC insurance coverage.

Collateral: Securities, evidence of deposit or other property, which borrower pledges to secure repayment of a loan. Also refers to securities pledged by a bank to secure deposits of public monies.

Collateralization of Deposit: Process by which a bank or financial institution pledges securities, or other deposits for the purpose of securing the repayment of deposited funds. Commercial Paper (CP): An unsecured short-term promissory note issued by corporations or municipalities, with maturities ranging from 2 to 270 days.

Comprehensive Annual Financial Report (CAFR): The official annual report for the City. It includes combined statements for each individual fund and account group prepared in conformity with GAAP. It also includes supporting schedules necessary to demonstrate compliance with finance-related legal and contractual provisions, extensive introductory material, and a detailed Statistical Section.

County Pooled Investment Funds: The aggregate of all funds from public agencies placed in the custody of the county treasurer or chief finance officer for investment and reinvestment.

Coupon: The annual rate of interest that a bond's issuer promises to pay the bondholder on the bond's face value.

4.E.3
Attachment: City of Arvin Investment Policy FY 2022-2023 (City of Arvin Investment Policy FY 22-23) Fiscal Year2021-22 City of Arvin Investment Policy 06/21/2021 Fiscal Year 2022-23 Credit Risk: The chance that an issuer will be unable to make scheduled payments of interest and principal on an outstanding obligation. Another concern for investors is that the market's perception of an issuer/borrower's credit will cause the market value of a security to fall, even if default is not expected.

Custodian: A bank or other financial institution that keeps custody of stock certificates and other assets.

Dealer: Someone who acts as a principal in all transactions, including underwriting, buying, and selling securities, including from his/her own account.

Default Risk: The risk that issuers/borrowers will be unable to make the required payments on their debt obligations.

Delivery vs. Payment: The payment of cash for securities as they are delivered and accepted for settlement.

Diversification: The allocation of different types of assets in a portfolio to mitigate risks and improve overall portfolio performance.

Duration: Indicator of the effect of an interest rate change on a bond price. The longer the duration, the greater the expected change in a portfolio's value when interest rates change.

Federal Deposit Insurance Corporation (FDIC): A federal agency that insures bank deposits, currently up to $250,000 per entity.

Financial Industry Regulatory Authority (FINRA): FINRA is the successor to the National Association of Securities Dealers (NASD) and the member regulation, enforcement and arbitration operations of the New York Stock Exchange. It is a non-governmental organization that regulates member brokerage firms and exchange markets. The government agency which acts as the ultimate regulator of the securities industry, including FINRA, is the Securities and Exchange Commission.

Government Sponsored Enterprises (GSE): Privately held corporations with public purposes created by the U.S. Congress to reduce the cost of capital for certain borrowing sectors of the economy. Securities issued by GSEs carry the implicit backing of the U.S. Government, but they are not direct obligations of the U.S. Government. For this reason, these securities will offer a yield premium over Treasuries.

Interest: The amount a borrower pays to a lender for the use of his or her money.

Interest Rate Risk: Interest rate risk is the risk that an investment's value will change due to a change in the absolute level of interest rates, spread between two rates, shape of the yield curve, or any other interest rate relationship.

Liquidity: The measure of the ability to convert an instrument to cash on a given date at full face or par value.

Liquidity Risk: The risk that a security, sold prior to maturity, will be sold at a loss of value. For a local agency, the liquidity risk of an individual investment may not be as critical as how the overall liquidity of the portfolio allows the agency to meet its cash needs.

Local Agency Investment Fund (LAIF): A voluntary investment fund open to government entities and certain non-profit organizations in California that is managed by the State Treasurer's Office.

4.E.3
Attachment: City of Arvin Investment Policy FY 2022-2023 (City of Arvin Investment Policy FY 22-23) Fiscal Year2021-22 City of Arvin Investment Policy 06/21/2021 Fiscal Year 2022-23 Market Risk: The chance that the value of a security will decline as interest rates rise. In general, as interest rates fall, prices of fixed income securities rise. Similarly, as interest rates rise, prices fall. Market risk also is referred to as systematic risk or risk that affects all securities within an asset class similarly.

Market Value: The price at which a security is trading and presumably could be purchased or sold at a particular point in time.

Master Repurchase Agreement: A written contract covering all future transactions between the parties to repurchase/reverse repurchase agreements that establishes each party's rights in the transactions. A master agreement will often specify, among other things, the right of the buyer/lender to liquidate the underlying securities in the event of default by the seller/borrower.

Maturity: The date on which the principal or stated value of an investment becomes due and payable.

Medium Term Note: Corporate or depository institution debt securities meeting certain minimum quality standards (as specified in the California Government Code) with a remaining maturity of five years or less.

Money Market Mutual Funds: MMF's are mutual funds that invest exclusively in short- term money market instruments. MMF's seek the preservation of capital as a primary goal while maintaining a high degree of liquidity and providing income representative of the market for short- term investments.

Mutual Fund: An investment company that pools money and can invest in a variety of securities, including fixed-income securities and money market instruments.

Nationally Recognized Statistical Rating Organization (NRSRO): A rating organization designated by the SEC as being nationally recognized.

Negotiable Certificates of Deposit: Generally, short-term debt instrument that usually pays interest and is issued by a bank, savings or federal association, state or federal credit union, or state-licensed branch of a foreign bank. The majority of negotiable CDs mature within six months while the average maturity is two weeks. Negotiable CDs are traded in a secondary market and are payable upon order to the bearer or initial depositor (investor). Negotiable CDs are insured by FDIC up to $250,000, but they are not collateralized beyond that amount.

Non-Negotiable Certificates of Deposit: CDs that carry a penalty if redeemed prior to maturity. A secondary market does exist for non-negotiable CDs, but redemption includes a transaction cost that reduces returns to the investor. Non-negotiable CDs issued by banks and savings and loans are insured by the Federal Deposit Insurance Corporation up to the amount of $250,000, including principal and interest.

Amounts deposited above this amount may be secured with other forms of collateral through an agreement between the investor and the issuer. Collateral may include other securities including Treasuries or agency securities such as those issued by the Federal National Mortgage Association.

Par Amount or Par Value: The principal amount of a note or bond which must be paid at maturity. Par, also referred to as the "face amount" of a security, is the principal value stated on the face of the security. A par bond is one sold at a price of 100 percent of its principal amount.

Portfolio: Combined holding of more than one stock, bond, commodity, real estate investment, cash equivalent, or other asset. The purpose of a portfolio is to reduce risk by diversification.

4.E.3
Attachment: City of Arvin Investment Policy FY 2022-2023 (City of Arvin Investment Policy FY 22-23) Fiscal Year2021-22 City of Arvin Investment Policy 06/21/2021 Fiscal Year 2022-23 Price: Price is the amount of monetary consideration required by a willing seller and a willing buyer to sell an investment on a particular date.

Principal: The face value or par value of a debt instrument, or the amount of capital invested in a given security.

Prudent Investor Standard: A standard of conduct where a person acts with care, skill, prudence, and diligence when investing, reinvesting, purchasing, acquiring, exchanging, selling, and managing funds. The test of whether the standard is being met is if a prudent person acting in such a situation would engage in similar conduct to ensure that investments safeguard principal and maintain liquidity.

Qualified Public Depository: A financial institution which does not claim exemption from the payment of any sales or compensating use or ad valorem taxes under the laws of this state, which has segregated for the benefit of the commission eligible collateral having a value of not less than its maximum liability and which has been approved by the Public Deposit Protection Commission to hold public deposits.

Rate of Return: The yield obtainable on a security based on its purchase price or its current market price.

Repurchase Agreement: An agreement of one party (for example, a financial institution) to sell securities to a second party (such as a local agency) and simultaneous agreement by the first party to repurchase the securities at a specified price from the second party on demand or at a specified date.

Safekeeping: Offers storage and protection of assets provided by an institution serving as an agent.

Safety: In the context of investing public funds, safety relates to preserving the principal of an investment in an investment portfolio; local agencies address the concerns of safety by controlling exposure to risks.

Secondary Market: A market made for the purchase and sale of outstanding issues following the initial distribution.

Total Return: Total return includes interest, realized gains and losses, and unrealized gains and losses over a given period of time.

U.S. Agency Obligations: Agencies of the Federal government set up to supply credit to various classes of institutions (e.g. savings & loans, small business firms, students, farmers, housing agencies). Examples include Federal Home Loan Mortgage Corporation (FHLMC), Federal National Mortgage Association (FNMA), Federal Home Loan Bank (FHLB) and Federal Farm Credit Bank (FFCB).

U.S. Treasury Obligations: Debt obligations of the U.S. Government sold by the Treasury Department in the forms of bills, notes, and bonds. Bills are short-term obligations that mature in one year or less and are sold at a discount. Notes are obligations that mature between one year and ten years. Bonds are long-term obligations that generally mature in ten years or more.

Weighted Average Maturity: The average maturity of all the securities that comprise a portfolio, typically expressed in days or years.

Yield: The current rate of return on an investment security generally expressed as a percentage of the securities current price.

4.E.3
Attachment: City of Arvin Investment Policy FY 2022-2023 (City of Arvin Investment Policy FY 22-23)

CITY OF ARVIN
Staff Report
Meeting Date: May 24, 2022
TO: Arvin City Council
FROM: Jeff Jones, City Manager/Finance Director
SUBJECT: Approval of Budget Amendment Number 2122-04
BACKGROUND:

The City Manager/Finance Director has completed an analysis of projected general fund revenue and expenses for Fiscal Year 2021-2022. The analysis indicates that due to staffing issues and increased demand for services that the Police department is expected to incur an additional $200,000 in overtime expense above the baseline 2021-2022 budget. The analysis also indicates that an additional $50,000 is needed offset additional Police department operating costs – particularly background checks and other professional services. Finally, an additional $75,000 is required to offset planning costs related to enticing cannabis operations to set up shop in Arvin, The total amount of expenses, $325,000 will be fully offset by additional sales tax revenue – general sales tax ($100,000), and Measure L local sales tax ($225,000) Even with the proposed budget adjustments, the projection is that the City will close Fiscal Year 2021-2022 with a surplus for the year.

STAFF RECOMMENDATION:

Staff recommends that the Council adopt budget amendment number 2122-04.

FINANCIAL IMPACT:

No net impact. The increase of budgeted expenses is offset by increases in sales tax revenue, ATTACHMENTS:

Budget Adjustment #2122-04

4.F.1
Attachment: Staff Report - Budget Adustment 2122-04 (Budget Amendment 2122-04)

CITY OF ARVIN NUMBER

BUDGET AMENDMENT REQUEST
per Arvin Financial Management Manual - Section 540

REQUESTING DEPARTMENT FUND NAME - NUMBER
Finance 100 - General Fund
Account Number Account Name Amount to Amend
100-014-5003 Police-Overtime $ 200,000
100-014-500x Police - Operating Expenses $ 50,000
100-007-5034 CDD -Professional Services $ 75,000
100-001-4078 sales tax (local) $ (100,000)
100-001-4081 Sales tax (Measure L) $ (225,000)
TOTAL ALL AMENDMENTS $ -

PURPOSE
Offset additional police overtime, police operating expenses, and professional services related to developing cannabis businesses against increased sales tax revenues.

Approvals: If total of amendments equals ZERO, City Manager approval If total of amendments does NOT equal ZERO, Council Approval required Finance Department
City Manager
City Council - Resolution #_________________________________________ 2122-04

4.F.2
Attachment: Budget transfer worksheet 2122-04 (Budget Amendment 2122-04)

CITY OF ARVIN
Staff Report
Meeting Date: May 24, 2022
TO: Arvin City Council
FROM: Edwin J. Brock, Chief of Police
Jeff Jones, City Manager
SUBJECT: Kern County Sheriff's Office-Work Release Program BACKGROUND:

Kern County Sheriff's Office-Work Release Program
The Work Release Program, administered by the Kern County Sheriff’s Office, offers an alternative to serving time in the county jail for sentenced, minor offenders. Workers who volunteer in this program, with the approval of the sentencing court, contribute to the mutual benefit for the City of Arvin and the citizens of Kern County.

STAFF RECOMMENDATION:

Staff is recommending that the City Council renew its support and authorize the city’s participation in this program by approving the attached Agreement for Participation in Work Release Program and authorize the Chief of Police to execute the Agreement.

FINANCIAL IMPACT:

This program does not require financial commitment on our behalf. The presence and contributions of the workers will extend the efforts of our Public Works Department at the cost of an onsite supervisor. In the event a worker is injured, the city is liable to the worker for medical expenses and claims as cited in section G. of the Agreement for Participation in Work Release Program.

ATTACHMENTS:

1. Agreement for Participation in Work Release Program (County of Kern – City of Arvin)

4.G.1
Attachment: Staff Report KCSO Work Release Program_052422 (County of Kern Work Release Program) Agreement - Page 1

AGREEMENT
FOR

PARTICIPATION IN WORK RELEASE PROGRAM
(County of Kern – City of Arvin)
THIS AGREEMENT has been entered into this _____ day of ____________, 2022, by and between the COUNTY OF KERN, a political subdivision of the State of California (“County”), and CITY OF ARVIN, a municipal corporation in the County of Kern (“Contractor”). County and Contractor may be individually referred to as “Party” and collectively as “Parties.”

RECITALS
A. The Sheriff of County administers a Work Release Program for the placement of sentenced, minor offenders (“Workers”); and
B. Contractor desires to borrow and utilize such Workers for certain labor-intensive work within properties under the jurisdiction of the Contractor and Contractor agrees to borrow and make use of such Workers under the terms and conditions hereafter set forth; and C. Section 4024.2 of the Penal Code of the State of California allows the County Board of Supervisors to authorize the Sheriff to provide such a voluntary program for the benefit of the public; and
D. The Board of Supervisors finds that the use of such labor for the purposes hereinafter set forth is necessary and will benefit the citizens of the County of Kern;

4.G.2
Attachment: 2022 Agmt for Participation in KCSO Work Release Program_052422_Redacted (County of Kern Work Release Program) Agreement - Page 2
It is mutually agreed as follows:

1. Responsibilities of County: The Sheriff of County shall, to the extent available and consistent with appropriate and usual security and safety practices as determined by the Sheriff, loan Workers to Contractor, which Contractor may utilize to perform certain cleanup and other labor-intensive activities.

2. Responsibilities of Contractor:

A. Contractor shall be absolutely and solely responsible and liable for the general supervision and work-related control of any Workers loaned. There shall be no commingling of Workers with the public or Contractor work crews, or staff, other than such supervision by Contractor’s employees as may be necessary to assure safety at the work site and quality control of the work.

B. Contractor shall, at its sole expense, provide technical direction to oversee the work performed under this Agreement; and Contractor shall supply, at its sole expense, any and all materials, supplies, tools, and equipment to be utilized by Workers in carrying out such work.

C. Contractor, at its sole expense, shall provide transportation for all Workers between any work sites. All transportation furnished shall be suitable for the safe and secure transportation of the number of workers Contractor desires to transport.

D. Contractor shall provide Workers with safety equipment as necessary including any safety equipment, which may be required by any Federal, State, or local law, rule, or regulation so that a safe working environment is maintained at all times. Contractor shall also provide safety instructions, whenever necessary, and shall explain such instructions and the work to be done to the Workers with sufficient clarity that the work shall be done in a safe and proper manner. Contractor shall also furnish and be responsible for placing and maintaining any safety

4.G.2
Attachment: 2022 Agmt for Participation in KCSO Work Release Program_052422_Redacted (County of Kern Work Release Program) Agreement - Page 3
warning signs, which may be necessary. Any and all required traffic control shall be provided by Contractor and shall be done in a safe and proper manner. Traffic control shall not be done by Workers. Only qualified Contractor employees, and no Workers, shall operate vehicular equipment.

E. Contractor agrees to provide Workers with a minimum of 8 hours’ work per day, lunch breaks included. Contractor may not require Workers to perform more than 10 hours of labor during any work day.

F. Contractor agrees to complete all required industrial injury reports in the event a Worker is injured at any time between the beginning and end of the workday. The work site supervisor shall immediately notify the Work Release Program office ((661) 868-5505/Fax (661) 868-5520), of said injury. In the event the Work Release Program office is closed for the evening, weekend, or holiday, the Contractor must notify the Work Release Program office at the next available business day. Unless otherwise instructed by the Work Release Program staff, or other designated official, the work site supervisor shall immediately provide any transportation assistance necessary to ensure the Worker of timely and proper medical attention.

G. Contractor shall be solely responsible for any necessary medical expenses and for the administration of any claims by Workers for any injuries to any Worker occurring between the beginning and end of the workday. Any Worker loaned to Contractor (if considered an “employee” of any Party hereto) shall be considered to be the employee of Contractor for all purposes during the entire period such Worker may be on loan to Contractor. Contractor shall provide, during the entire term of this Agreement, Workers’ Compensation coverage, which shall provide any Worker injured with Worker’s Compensation benefits in the event any such Worker is found to be any employee within the meaning of Labor Code Section 3351, or other applicable statute. Proof of the existence of such coverage, to the satisfaction of the County Insurance and Claims Officer, shall be provided prior to any Worker being loaned to Contractor.

4.G.2
Attachment: 2022 Agmt for Participation in KCSO Work Release Program_052422_Redacted (County of Kern Work Release Program) Agreement - Page 4

3. Supervision of Workers: Supervision shall be carried out only by responsible persons employed by the Contractor, and only after fulfilling the prerequisites in this section. Any person so appointed by the Contractor shall be an employee of Contractor in good standing. The prerequisites for such appointment shall include the following:

A. Work site supervisors must be at least 18 years of age.

B. Work site supervisors must possess a valid California Driver’s License, of the proper class for the type of vehicle driven and the number of workers transported, if any.

C. Work site supervisors must possess a valid First Aid/CPR card, recognizing the completion of a minimum 8-hour combination class.

D. Work site supervisors must attend a 2-hour information and evaluation session with the Work Release Program staff, which will relate to the administrative functions of the program.

Contractor shall employ a sufficient number of authorized work site supervisors to permit constant supervision of all Workers utilized by Contractor. The Sheriff shall have the right under this Agreement to conduct job site inspections to ensure that sound supervision practices are being used by the appointed work site supervisors. The Sheriff shall provide such approved personnel with specific requirements related to the proper supervision of Workers. A copy of such requirements is attached hereto, marked Exhibit “A”, and incorporated herein by this reference.

Upon failure to comply with any term or condition of this Agreement or any requirement set forth in Exhibit “A” hereof, the Sheriff, or his authorized representative, may immediately suspend Contractor’s use of any Workers provided pursuant to this Agreement. Whether any term or condition of this Agreement or any requirement set forth in Exhibit “A” hereof has not been complied with shall be determined by the office of the Chief Deputy of Detentions whose determination shall be final and binding on Contractor.

4.G.2
Attachment: 2022 Agmt for Participation in KCSO Work Release Program_052422_Redacted (County of Kern Work Release Program) Agreement - Page 5

4. Term: This Agreement shall be effective as of the date first herein above written and shall terminate on June 30, 2024, provided however, that in addition to the power of the Sheriff to terminate this Agreement as provided for in Paragraph 3 hereof, either Party hereto may terminate this Agreement by giving thirty (30) days prior written notice to the other Party specifying the termination date.

5. Indemnification/Liability/Waiver of Claims:

A. Contractor hereby agrees and undertakes to indemnify, defend (upon proper request), and hold harmless the County, its officer, agents, and employees from any and all losses, cost, expenses (including reasonable attorney’s fees), claims, liabilities, actions, or damages of any nature, whatsoever, including injuries to or death of any person or persons (including any Worker loaned pursuant to this Agreement) or damage to any property, in any way arising out of or connected with or incident to any act or omission of Contractor, its officers, agents, employees, contractors, subcontractors, or independent contractors in the performance of this Agreement. For the purposes of this paragraph, any Worker furnished shall be considered the employee of Contractor.

B. It is further understood and agreed that Contractor, and not County, its officers, agents, or employees, is responsible and liable for any defective, harmful, or negligent work done by any Worker pursuant to the Agreement.

C. Contractor hereby waives all claims and causes of action it may accrue against County, its officers, agents, and employees, including the right to contribution for personal injury, death, or property damage in any way arising out of or incident to County’s or Contractor’s performance under this Agreement, except those arising from the negligence of County.

6. Insurance: Contractor, in order to protect County and its agents, officers, and employees against all claims and liability for death, injury, loss and damage as a result of Contractor’s actions in connection with the performance of Contractor’s obligations, as required in this Agreement,

4.G.2
Attachment: 2022 Agmt for Participation in KCSO Work Release Program_052422_Redacted (County of Kern Work Release Program) Agreement - Page 6
shall secure and maintain insurance as described below. Contractor shall not perform any work under this Agreement until Contractor has obtained all insurance required under this section and the required certificates of insurance and all required endorsements have been filed with the County’s authorized insurance representative, Insurance Tracking Services Inc. (ITS). Receipt of evidence of insurance that does not comply with all applicable insurance requirements shall not constitute a waiver of the insurance requirements set forth herein. The required documents must be signed by the authorized representative of the insurance company shown on the certificate. Upon request, Contractor shall supply proof that such person is an authorized representative thereof, and is authorized to bind the named underwriter(s) and their company to coverage, limits and termination provisions shown thereon. The Contractor shall promptly deliver to ITS a certificate of insurance, and all required endorsements with respect to each renewal policy, as necessary to demonstrate the maintenance of the required insurance coverage for the term specified herein. Such certificates and endorsements shall be delivered to ITS not less than 30 days prior to the expiration date of any policy and bear a notation evidencing payment of the premium thereof if so requested. Contractor shall immediately pay any deductibles and self-insured retentions under all required insurance policies upon the submission of any claim by Contractor or County as an additional insured.

A. Workers’ Compensation and Employees Liability Insurance Requirement:
(1) Contractor shall submit written proof that Contractor is insured against liability for workers’ compensation in accordance with the provisions of section 3700 of the California Labor Code.
(2) Contractor shall require any sub-contractors to provide workers’ compensation for all of the sub-contractor’s employees, unless the sub-contractors’ employees are covered by the insurance afforded by Contractor. If any class of employees engaged in work or services performed under this Agreement is not covered by California Labor Code section 3700,

4.G.2
Attachment: 2022 Agmt for Participation in KCSO Work Release Program_052422_Redacted (County of Kern Work Release Program) Agreement - Page 7
Contractor shall provide and/or each sub-contractor to provide adequate insurance for the coverage of employees not otherwise covered.
(3) Contractor shall also maintain employer’s liability insurance with limits of one million dollars ($1,000,000) for bodily injury or disease.

B. Liability Insurance Requirements:
(1) Contractor shall maintain in full force and effect, at all times during the term of this Agreement, the following insurance:
(a) Commercial General Liability Insurance, including, but not limited to, Contractual Liability Insurance (specifically concerning the indemnity provisions of this Agreement with the County), Products-Completed Operations Hazard, and Personal Injury (including bodily injury and death) and Property Damage for liability arising out of Contractor’s performance of work under this Agreement. The Commercial General Liability insurance shall contain no exclusions or limitation for independent contractors working on behalf of the named insured. Contractor shall maintain the Products-Completed Operations Hazard coverage for the longest period allowed by law following termination of this Agreement. The amount of said insurance coverage required by the Agreement shall be the policy limits, which shall be at least two million dollars ($2,000,000) each occurrence and four million dollars ($4,000,000) aggregate. (b) Automobile Liability Insurance against claims of Personal Injury (including bodily injury and death) and Property Damage covering any vehicle and/or all owned, leased, hired and non-owned vehicles used in the performance of services pursuant to this Agreement with coverage equal to the policy limits, which shall be at least one million dollars ($1,000,000) each occurrence.
(2) The Commercial General Liability and Automobile Liability Insurance required in this sub-paragraph b. shall include an endorsement naming the County and County’s board members, officials, officers, agents and employees as additional insured for liability

4.G.2
Attachment: 2022 Agmt for Participation in KCSO Work Release Program_052422_Redacted (County of Kern Work Release Program) Agreement - Page 8
arising out of this Agreement and any operations related thereto. Said endorsement shall be provided using one of the following three options: (i) on ISO form CG 20 10 11 85; or (ii) on ISO form CG 20 37 10 01 plus either ISO form CG 20 10 10 01 or CG 20 33 10 01; or (iii) on such other forms which provide coverage at least equal to or better than form CG 20 10 11 85. (3) Any self-insured retentions in excess of $100,000 must be declared on the Certificate of Insurance or other documentation provided to County and must be approved by the County Risk Manager.
(4) If any of the insurance coverage required under this Agreement is written on a claims-made basis, Contractor, at Contractor’s option, shall either (i) maintain said coverage for at least three (3) years following the termination of this Agreement with coverage extending back to the effective date of this Agreement; or (ii) purchase an extended reporting period of not less than three (3) years following the termination of this Agreement; or (iii) acquire a full prior acts provision on any renewal or replacement policy.

C. Prior to Contractor commencing any of its obligations under this Agreement, evidence of insurance in compliance with the requirements above shall be furnished to the County by Certificate of Insurance. Receipt of evidence of insurance that does not comply with above requirements shall not constitute a waiver of the insurance requirements set forth above.

D. Cancellation of Insurance -- The above stated insurance coverages required to be maintained by Contractor shall be maintained until the completion of all of Contractor’s obligations under this Agreement, except as otherwise indicated herein. Each insurance policy supplied by the Contractor must be endorsed to provide that the coverage shall not be suspended, voided, cancelled, or reduced in coverage or in limits except after ten (10) days written notice in the case of non-payment of premiums, or thirty (30) days written notice in all other cases. Such notice shall be by certified mail, return receipt requested. This notice requirement does not waive the insurance requirements stated herein, Contractor shall immediately obtain replacement coverage for

4.G.2
Attachment: 2022 Agmt for Participation in KCSO Work Release Program_052422_Redacted (County of Kern Work Release Program) Agreement - Page 9
any insurance policy that is terminated, cancelled, non-renewed, or whose policy limits have been exhausted or upon insolvency of the insurer that issued the policy.

E. All insurance shall be issued by a company or companies admitted to doing business in California and listed in the current Best’s Key Rating Guide publication with a minimum rating of A-; VII. Any exception to these requirements must be approved by the County Risk Manager.

F. If Contractor is, or becomes during the term of this Agreement, self-insured or a member of a self-insurance pool, Contractor shall provide coverage equivalent to the insurance coverage and endorsements required above. The County will not accept such coverage unless the County determines, in its sole discretion and by written acceptance, that the coverage proposed to be provided by Contractor is equivalent to the above-required coverage.

G. All insurance afforded by Contractor pursuant to this Agreement shall be primary to and not contributing to any other insurance maintained by County. An endorsement shall be provided on all policies, except professional liability/errors and omissions, which shall waive any right of recovery (waiver of subrogation) against the County.

H. Insurance coverage in the minimum amounts set forth herein shall not be construed to relieve Contractor for any liability, whether within, outside, or in excess of such coverage, and regardless of solvency or insolvency of the insurer that issues the coverage; nor shall it preclude the County from taking such other actions as are available to it under any other provision of this Agreement or otherwise in law.

I. Failure by Contractor to maintain all such insurance in effect at all times required by this Agreement shall be a material breach of this Agreement by Contractor. County, at its sole option, may terminate this Agreement and obtain damages from Contractor resulting from said breach. Alternatively, County may purchase such required insurance coverage, and without further notice to Contractor, County shall deduct from sums due to Contractor any premiums and associated costs advanced or paid by County for such insurance. If the balance of monies obligated to Contractor

4.G.2
Attachment: 2022 Agmt for Participation in KCSO Work Release Program_052422_Redacted (County of Kern Work Release Program) Agreement - Page 10
pursuant to this Agreement is insufficient to reimburse County for the premiums and any associated costs, Contractor agrees to reimburse County for the premiums and pay for all costs associated with the purchase of said insurance. Any failure by County to take this alternative action shall not relieve Contractor of its obligation to obtain and maintain the insurance coveragesrequired by this Agreement.

7. Notice: All notices or other communications herein provided to be given or which may be given by either Party to the other shall be deemed to have been fully given when made in writing and deposited with the United States Postal Service, registered or certified, postage pre-paid and addressed as follows:

Notice to County shall be made to:

Kern County Sheriff’s Office
Work Release Program
Attn: Sergeant Mark Chambless
PO Box 2208
Bakersfield, CA. 93303-2208
Email: [email protected]
(661)868-5501
Notice to Contractor shall be made to:

City of Arvin
Attn: Edwin Brock (Chief of Police)
200 Campus Drive
Arvin, CA. 93203
Site 183
[email protected]
Notices shall also be deemed received when served personally upon the Sheriff or Contractor’s program manager.

8. Binding: The provisions of this Agreement shall be binding upon and subject to any prescribed limitations on the right of assignment, and shall inure to the benefit of the Parties hereto and their respective heir, successors, assigns, and legal representatives.

9. Non-Assignment: Contractor shall not assign or transfer by operation of law or otherwise any or all of its rights or obligations under this Agreement without prior written consent of the Sheriff.

4.G.2
Attachment: 2022 Agmt for Participation in KCSO Work Release Program_052422_Redacted (County of Kern Work Release Program) Agreement - Page 11

10. Waiver: No waiver with respect to one covenant, term, or condition herein shall be deemed to constitute a waiver of any other covenant, term, or condition herein or a waiver of any prior or subsequent failure to perform such covenant, term, or condition.

11. Modification: This Agreement may only be modified in writing signed by the Parties hereto and it contains all agreements of the Parties with respect to any matter mentioned herein.

No prior agreement or understanding pertaining to any such matter shall be given effect.

12. Compliance with the Law: The parties agree that in performing the work and services required by this Agreement, they will comply with any and all Federal, State, and Local laws, statutes, ordinances, orders, and regulations which apply to the Parties with respect to performing the work and services required by this Agreement.

13. Severability: Should any part, term, portion or provision of this Agreement be decided finally to be in conflict with any law of the United States or the State of California, or otherwise be unenforceable or ineffectual, the validity of the remaining parts, terms, portions, or provisions shall be deemed severable and shall not be affected thereby, provided such remaining portions or provisions can be construed in substance to constitute the Agreement which the Parties intended to enter into the first instance.

14. Non-Discrimination: No Party, nor any officer, agent, employee, servant or subcontractor of any Party shall discriminate in the treatment or employment of any individual or groups of individuals on the grounds of race, color, religion, national origin, age or sex, either directly, indirectly or through contractual or other arrangements.

15. Independent Contractors: In the performances of the services under this Agreement, the Parties shall be, and acknowledge that they are in fact and law, independent contractors and not agents or employees of the other. Each has, and shall retain, the right to exercise full supervision and control over the manner and methods of providing services under this Agreement.

Each retains full supervision and control over the employment, direction, compensation and discharge

4.G.2
Attachment: 2022 Agmt for Participation in KCSO Work Release Program_052422_Redacted (County of Kern Work Release Program) Agreement - Page 12
of all persons assisting in the provision of services under this Agreement and shall be solely responsible for payment of wages, benefits and other compensation, compliance with all occupational safety, welfare and civil rights laws, tax withholding and payment of employment taxes whether federal, state or local, and compliance with any and all other laws regulating employment.

16. Authority to Bind: It is understood that neither Party has authority to bind the other to any agreements or undertakings with respect to any and all persons or entities with whom either deals in the course of providing services under this Agreement.

17. Choice of Law/Venue: The Parties hereto agree that the provisions of this Agreement will be construed pursuant to the laws of the State of California. This Agreement has been entered into and is to be performed in the County of Kern. Accordingly, the Parties agree that the venue of any action relating to the Agreement shall be in the County of Kern.

18. Sole Agreement: This document contains the entire agreement of the Parties relating to the services, rights, obligations and covenants contained herein and assumed by the Parties respectively. No inducements, representations or promises have been made, other than those recited in the Agreement. No oral promise, modification, change or inducement shall be effective or given any force or effect.

19. Confidentiality: Neither Party shall, without the written consent of the other, communicate confidential information, designated in writing or identified in this Agreement as such, to any third party and shall protect such information from inadvertent disclosure to any third party in the same manner as they protect its own confidential information, unless such disclosure is required in response to a validly issued subpoena or other process of law. Upon completion of this Agreement, the provisions of this paragraph will continue to survive.

20. Enforcement of Remedies: No right or remedy herein conferred on or reserved to either Party is exclusive of any other right or remedy herein or by law or equity provided or permitted, but each shall be cumulative of every other right or remedy given hereunder or now or

4.G.2
Attachment: 2022 Agmt for Participation in KCSO Work Release Program_052422_Redacted (County of Kern Work Release Program) Agreement - Page 13
hereafter existing by law or in equity or by statute or otherwise, and may be enforced concurrently or from time to time.

21. Conflict of Interest: The Parties to this Agreement have read and are aware of the provisions of Section 1090, et sec. and Section 87100 et sec. of the Government Code relating to conflict of interest of public officers and employees. All Parties hereto agree that we are unaware of any financial or economic interest of any public officer or employee of County or City relating to the Agreement. It is further understood and agreed that if such a financial interest does exist at the inception of this Agreement; either Party may immediately terminate this Agreement by giving written notice thereof.

22. Non-Collusion Covenant: Each Party represents and agrees that it has in no way entered into any contingent fee arrangement with any firm or person concerning the obtaining of this Agreement. Neither Party has received any incentive or special payments, nor considerations not related to the provision of services under this Agreement.

23. Audit, Inspection, and Retention of Records: The Contractor agrees to maintain and make available accurate books and records relative to its activities under this Agreement.

Contractor shall permit County to audit, examine and make excerpts and transcripts from such records, and to conduct audits of all invoices, materials, record or personnel (except as prohibited by law) or other data related to all other matters under this Agreement. The data and records shall be maintained in an accessible location and condition for a period of not less than three (3) years from the date of final payment under this Agreement, or until after the conclusion of any audit, whichever occurs last.

The State of California and/or any federal agency having an interest in the subject of this Agreement shall have the same right of inspection.

24. Captions: Paragraph headings in this Agreement are used solely for convenience, and shall be wholly disregarded in the construction of this Agreement.

4.G.2
Attachment: 2022 Agmt for Participation in KCSO Work Release Program_052422_Redacted (County of Kern Work Release Program) Agreement - Page 14

25. Recitals: Each of the recitals incorporated in this Agreement are deemed to be the agreement and a reflection of the intent of the Parties, and are relied upon by the Parties in agreeing to the provisions of this Agreement and in interpreting its provisions.

26. Signature Authority: Each Party has full power and authority to enter into and perform this Agreement, and the person signing this Agreement on behalf of each Party has been fully authorized and empowered to enter into this Agreement.

4.G.2
Attachment: 2022 Agmt for Participation in KCSO Work Release Program_052422_Redacted (County of Kern Work Release Program) Agreement - Page 15
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date first hereinabove written.

APPROVED AS TO CONTENT AND
RECOMMENDED:

KERN COUNTY SHERIFF “COUNTY” CITY OF ARVIN, “CONTRACTOR” By:________________________________ By:________________________________ Erik Levig, Chief Deputy Edwin Brock, Chief of Police
APPROVED AS TO FORM:

Office of the County Counsel COUNTY OF KERN
Kern County
By:_________________________________ By:_________________________________ Christina J. Oleson, Deputy Chairman, Board of Supervisors

4.G.2
Attachment: 2022 Agmt for Participation in KCSO Work Release Program_052422_Redacted (County of Kern Work Release Program)

CITY OF ARVIN
Staff Report
Meeting Date: May 24, 2022
TO: Arvin City Council
FROM: Diana Orozco Deniz, P.E., Interim City Engineer
Jeff Jones, City Manager
SUBJECT: Approval of A Resolution of the City Council of the City of Arvin to Approve a Public Works Agreement with J.L. Plank Inc DBA Cen-Cal Construction for the Langford Avenue Sidewalk & Paving Project and to Authorize the Mayor to Execute the Agreement.

BACKGROUND:

The City of Arvin submitted an application to the Kern Council of Governments in 2017 soliciting funds from the Transportation Development Act Article 3 Program (TDA) which is a federal funding source from the Federal Highway Administration that is administered within the state through Caltrans and in conjunction with Kern COG. The application was developed and submitted by the city, and a total of $270,000.00 was awarded and $43,200.00 was identified as the local match share of the cost required of the city. Following the award of the grant funding, the City developed plans and specifications for the construction of a sidewalk, curb and gutter, ADA curb ramp, paving and crosswalks. Said plans were completed by the City of Arvin in March of 2022.

The project was issued for bids on March 23rd, 2022 through Planet Bids, and bids were due to the City on April 27, 2022. A total of 3 bids were received ranging from $199,775.00 to $266,889.00. The apparent low bidder was J.L. Plank Inc DBA Cen-Cal Construction. Following the receipt of the bids, the City Engineer looked through all bids in detail for errors and omissions, checked licenses of each contractor, and looked through Department of Industrial Relations resources to make sure no claims existed against any contractor not disclosed in the bid documents. Through this process, the bid received from J.L. Plank Inc DBA Cen-Cal Construction was determined to be complete and responsive, and staff determined that it would be appropriate to award an agreement to J.L. Plank Inc DBA Cen-Cal Construction for the full amount of the base bid for a total cost of $199,775.00.

Over the last several weeks, city staff has been working with J.L. Plank Inc DBA Cen-Cal Construction and the City Attorney on the form of the agreement and have arrived at the attached proposed agreement that staff recommends that the City Council approve and authorize the execution of on the part of the Mayor and City Manager. Furthermore, as outlined in the proposed agreement, the City Manager or their designee will be able to execute change orders for this project.

FINANCIAL IMPACT:

The list below shows the breakdown of TDA funding for this project:

4.H.1
Attachment: Staff Report Cen-Cal Construction Agmt_Langford Sidewalk and Pavement Project_052422 [Revision 1] (Agreement with Cen-Cal The total agreement with J.L. Plank Inc DBA Cen-Cal Construction will be for $199,775.00.

Any match funds will likely be charged to TDA funds since the project cost is well below the funding provided. SB1 funds are also available to the City that can be used for match funds for roads projects if necessary. However, it is unlikely that these funds will be used.

RECOMMENDATION:

Staff recommends the following:
1) Approval of a public works agreement with J.L. Plank Inc DBA Cen-Cal Construction for $199,775.00.
2) Authorize the Mayor to execute said agreement.

4.H.1
Attachment: Staff Report Cen-Cal Construction Agmt_Langford Sidewalk and Pavement Project_052422 [Revision 1] (Agreement with Cen-Cal Reso to Approve Public Works Agmt with J.L. Plank Inc. DBA for Cen-Cal Construction for the Langford Avenue Sidewalk & Paving Project.

Page 1 of 2 ends

RESOLUTION NO. ________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARVIN TO APPROVE A PUBLIC WORKS AGREEMENT WITH J.L. PLANK INC.

DBA CEN-CAL CONSTRUCTION FOR THE LANGFORD AVENUE

SIDEWALK AND PAVING PROJECT AND TO AUTHORIZE THE

MAYOR TO EXECUTE THE AGREEMENT
WHEREAS, the City of Arvin received Transportation Development Act Article 3 Program (TDA) funds through Kern COG for the design of and construction of sidewalk, curb and gutter, paving and appurtenances along Langford Avenue between Meyer Street and South A Street and along South A Street between Langford Avenue and Hanson Lane; and WHEREAS, plans and specifications were developed by the city; and WHEREAS, the city remains the lead agency for this project and will provide construction management and administrative support; and
WHEREAS, the city issued the project for bid on March 23rd, 2022 with 3 bids received on April 27th, 2022; and
WHEREAS, the low bid received from J.L. Plank Inc DBA Cen-Cal Construction was determined to be complete and responsive; and
WHEREAS, city staff determined it to be appropriate to award a contract to J.L. Plank Inc DBA Cen-Cal Construction in the amount of $199,775.00; and WHEREAS, the city will request reimbursement to the extent possible against the $270,000.00 available from the TDA funds; and
WHEREAS, any additional required city match funds will come from TDA or SB1;

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF ARVIN AS FOLLOWS:

Section 1: The foregoing recitals are true and correct.

Section 2: Approves the public works agreement with J.L. Plank Inc DBA Cen-Cal Construction for $199,775.00.

Section 3: Authorizes the Mayor to execute the agreement. /////
/////
/////

4.H.2
Attachment: Reso to Approve Agmt with Cen-Cal Construction_Langford Sidewalk and Pavement Project_052422 (Agreement with Cen-Cal Reso to Approve Public Works Agmt with J.L. Plank Inc. DBA for Cen-Cal Construction for the Langford Avenue Sidewalk & Paving Project.

Page 2 of 2 ends

I HEREBY CERTIFY that the foregoing resolution was passed and adopted by the City Council of the City of Arvin at a regular meeting thereof held on the 24th day of May 2022 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST
CECILIA VELA, City Clerk

CITY OF ARVIN
By:

OLIVIA TRUJILLO, Mayor
APPROVED AS TO FORM:

By:

NATHAN HODGES, City Attorney
Hodges Law Group
I, ________________________, City Clerk of the City of Arvin, California, DO HEREBY CERTIFY that the foregoing is a true and accurate copy of the Resolution passed and adopted by the City Council of the City of Arvin on the date and by the vote indicated herein.

4.H.2
Attachment: Reso to Approve Agmt with Cen-Cal Construction_Langford Sidewalk and Pavement Project_052422 (Agreement with Cen-Cal AGREEMENT NO. ________

PUBLIC WORKS AGREEMENT
By and Between

CITY OF ARVIN
and
J.L. PLANK INC. DBA CEN-CAL CONSTRUCTION

4.H.3
Attachment: Agreement_Cen-Cal Construction_Langford Sidewalk and Pavement Project_052422 (Agreement with Cen-Cal Construction for -1-
AGREEMENT NO. ___________

PUBLIC WORKS AGREEMENT

BETWEEN THE CITY OF ARVIN AND
J.L. PLANK INC DBA CEN-CAL CONSTRUCTION
THIS PUBLIC WORKS AGREEMENT (“Agreement”) is made and entered into this ____ day of __________________, 2022 by and between the CITY OF ARVIN, a municipal corporation (“City”) and J.L. PLANK INC DBA CEN-CAL CONSTRUCTION, a corporation (“Contractor”). City and Contractor may sometimes be referred to herein as a “Party” or collectively as the “Parties.”

RECITALS
A. City has sought, by issuance of a Request for Proposals or Invitation for Bids, the performance of the services defined and described particularly in Article 1 of this Agreement.

B. Following submission of the lowest responsible and responsive bid for the performance of the services, Contractor was selected by the City to perform those services.

C. Pursuant to the City of Arvin Municipal Code, City has authority to enter into and execute this Agreement.

D. The Parties desire to formalize the selection of Contractor for performance of the services and desire that the terms of that performance be as particularly defined and described herein.

OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows:

ARTICLE 1. WORK OF CONTRACTOR

1.1 Scope of Work.

The Contractor shall perform all of the work, furnish all labor, materials, equipment, tools, utility services, and transportation, and comply with all of the specifications and requirements set forth in the Contract Documents for the project entitled Langford Avenue Sidewalk & Paving Project (“Project”), in accordance with the terms and conditions of this Agreement, which may be referred to as the “services” or “work” hereunder. All such work shall be performed in a good and workmanlike manner, as reasonably determined by the City, and shall be performed in strict compliance with the Contract Documents and all local, state, and federal laws and regulations. As used herein, “Contract Documents” refers to all of the documents included in the solicitation of bids for the Project and Contractor’s bid proposal(s), including but not limited to, the Notice Inviting Bids, Instructions to Bidders, Bid, Federal Provisions (if any), Applicable Federal Wage Decision (if any), General Provisions, Special Provisions, Appendices, Plans, Drawings, and

4.H.3
Attachment: Agreement_Cen-Cal Construction_Langford Sidewalk and Pavement Project_052422 (Agreement with Cen-Cal Construction for -2-
Addenda, and any other documents included, referenced, or incorporated therein. The Contract Documents are incorporated into this Agreement. In the event of any conflict or inconsistency between the terms of the Contract Documents and this Agreement, the terms of this Agreement shall govern.

1.2 Incorporation of Caltrans Specifications.

The provisions of the Caltrans Standard Specifications (as the same may be updated, amended, or supplemented from time to time, “Standard Specifications”) are incorporated herein, except as explicitly modified by the Contract Documents. The applicable version of the Standard Specifications shall be the version referenced in the Contract Documents, and if no version is referenced in the Contract Documents, the applicable version shall be the most recent version. In the event of any conflict or inconsistency between the provisions of the Standard Specifications and this Agreement, the terms of this Agreement shall govern.

1.3 Compliance with Labor and Wage Laws.
(a) Public Work. The Parties acknowledge that the work to be performed under this Agreement is a “public work” as defined in Labor Code Section 1720 and that this Agreement is therefore subject to the requirements of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works contracts and the rules and regulations established by the Department of Industrial Relations (“DIR”) implementing such statutes. The work performed under this Agreement is subject to compliance monitoring and enforcement by the DIR. Contractor shall post job site notices, as prescribed by state law and DIR regulations. (b) Registration with DIR. Pursuant to Labor Code Section 1771.1, Contractor and all subcontractors must be registered with, and pay an annual fee to, the DIR prior to and during the performance of any work under this Agreement. Contractor shall notify the City in writing immediately, and in no case more than twenty-four (24) hours, after receiving any information that Contractor’s or any of its subcontractors’ DIR registration status has been suspended, revoked, expired, or otherwise changed.
(c) Prevailing Wages. Contractor shall pay prevailing wages as required by Labor Code Section 1771. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages are on file at City Hall and will be made available to any interested Party on request. By initiating any work under this Agreement, Contractor acknowledges receipt of a copy of the DIR determination of the prevailing rate of per diem wages, and Contractor shall post a copy of the same at each job site where work is performed under this Agreement. If this Agreement is subject to the payment of federal prevailing wages under the Davis-Bacon Act (40 U.S.C. § 3141 et seq.), then Contractor shall pay the higher of either the state for federal prevailing wage applicable to each laborer.
(d) Penalty for Failure to Pay Prevailing Wages. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to the City, forfeit two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for

4.H.3
Attachment: Agreement_Cen-Cal Construction_Langford Sidewalk and Pavement Project_052422 (Agreement with Cen-Cal Construction for -3-
the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Contractor or by any subcontractor.
(e) Payroll Records. Contractor shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Contractor and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform the City of the location of the records. (f) Apprentices. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6, and 1777.7 and California Code of Regulations Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Contractor shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Contractor shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within sixty (60) days after concluding work pursuant to this Agreement, Contractor and each of its subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement.
(g) Eight-Hour Work Day. Contractor acknowledges that eight (8) hours labor constitutes a legal day’s work. Contractor shall comply with and be bound by Labor Code Section 1810.
(h) Penalties for Excess Hours. Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the performance of this Agreement by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code Section 1815, work performed by employees of Contractor in excess of eight (8) hours per day, and forty (40) hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight (8) hours per day at not less than one and one-half (1½) times the basic rate of pay.
(i) Workers’ Compensation. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees if it has employees. In accordance with the provisions of California Labor Code Section 1861, Contractor certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”
(j) Contractor’s Responsibility for Subcontractors. For every subcontractor who will perform work under this Agreement, Contractor shall be responsible for such

4.H.3
Attachment: Agreement_Cen-Cal Construction_Langford Sidewalk and Pavement Project_052422 (Agreement with Cen-Cal Construction for -4-
subcontractor's compliance with Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code, and shall make such compliance a requirement in any contract with any subcontractor for work under this Agreement. Contractor shall take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a review of the certified payroll records of the subcontractor on a periodic basis or upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Contractor shall diligently take corrective action to halt or rectify any such failure by any subcontractor.

1.4 Licenses, Permits, Fees and Assessments.

Contractor shall obtain at its sole cost and expense such licenses, permits, registrations, and approvals as may be required by law for the performance of the services required by this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor’s performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder.

1.5 Familiarity with Work.

By executing this Agreement, Contractor warrants that Contractor (i) has thoroughly investigated and considered the Scope of Work to be performed, (ii) has carefully considered how the work should be performed, and (iii) fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement. If the services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder.

1.6 Discovery of Unknown Conditions.
(a) Pursuant to Public Contract Code Section 7104, Contractor shall promptly, and before the following conditions are disturbed, notify the City, in writing, of any: (i) material Contractor believes may be hazardous waste as defined in Section 25117 of the Health & Safety Code required to be removed to a Class I, II, or III disposal site in accordance with existing law; (ii) subsurface, unknown, or latent physical conditions at the Project site, materially different from those indicated by information about the Project site made available to bidders prior to the deadline for submitting bids on the Project; or (iii) unknown physical conditions at the Project site of any unusual nature, different from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Agreement, that will materially affect the performance of Contractor’s services hereunder.
(b) City shall promptly investigate the conditions, and if it finds that the conditions do materially differ, or do involve hazardous waste, and cause a decrease or increase in Contractor’s cost of, or the time required for, the performance of any part of the work, the City shall issue a change order in accordance with Section 1.11 of this Agreement. (c) In the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in

4.H.3
Attachment: Agreement_Cen-Cal Construction_Langford Sidewalk and Pavement Project_052422 (Agreement with Cen-Cal Construction for -5-
Contractor's cost of, or time required for, performance of any part of the work, Contractor shall not be excused from any scheduled completion date set, but shall proceed with all work to be performed under this Agreement. Contractor shall retain any and all rights provided either by contract or by law, which pertain to the resolution of disputes and protests between the Parties.

1.7 Unidentified Utilities.

To the extent required by Government Code Section 4215, City will compensate Contractor for the cost of locating, repairing damage not due to the failure of Contractor to exercise reasonable care, and removing or relocating utility facilities not identified by City in the Contract Documents with reasonable accuracy, and for equipment on the Project necessarily idled during such work.

Nothing herein shall be deemed to require City to indicate the presence of existing service laterals or appurtenances whenever the presence of such utilities on the Project site can be inferred from the presence of other visible facilities, such as buildings, meters, and junction boxes, on or adjacent to the Project site of the construction; provided, however, nothing herein shall relieve City from identifying main or trunklines in the plans and specifications. If Contractor, while performing the work, discovers utility facilities not identified by City in the plans or specifications, Contractor shall immediately notify City and the utility in writing. This Agreement is subject to Government Code Sections 4126 through 4216.9. Contractor must notify utilities and obtain an identification number before excavation or be subject to liability for damages to subsurface installations.

1.8 Trench Excavation.

Pursuant to Labor Code Section 6705, if this Agreement is for more than $25,000 and requires the excavation of any trench or trenches five feet or more in depth, Contractor shall submit, in advance of such excavation, a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. The plan shall be reviewed and accepted by the City, or a registered civil or structural engineer employed by the City to whom authority has been delegated, prior to the excavation. If the plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer. This Section 1.8 shall not be deemed to allow the use of a shoring, sloping, or protective system less effective than that required by the Construction Safety Orders (set forth in the California Code of Regulations, Title 8, Subchapter 4). This Section 1.8 shall not be construed to impose tort liability on the City or any of its employees. Full compensation for sheeting, shoring, bracing, sloping, and all other provisions required for worker protection shall be considered as included in the contract price shown in the appropriate Bid item in the Contract Documents, and no additional compensation will be allowed therefor.

1.9 Protection and Care of Work and Materials.

The Contractor shall adopt reasonable methods, including providing and maintaining storage facilities, during the life of this Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as caused by City’s own negligence. Stored materials shall be reasonably accessible for inspection. Contractor shall not,

4.H.3
Attachment: Agreement_Cen-Cal Construction_Langford Sidewalk and Pavement Project_052422 (Agreement with Cen-Cal Construction for -6-
without City’s consent, assign, sell, mortgage, hypothecate, or remove equipment or materials which have been installed or delivered and which may be necessary for the completion of the work.

1.10 Warranty.

Contractor warrants all work under this Agreement (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed or corrected and any non-conforming construction or materials incorporated into the work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in this Agreement, or the Contract Documents, or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the work, whichever is later) after the date of final acceptance of the Project by the City, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the work or non-conformance of the work to the requirements under this Agreement, commence and prosecute with due diligence all work necessary to fulfill the terms of the warranty at its sole cost and expense. Notwithstanding the foregoing, Contractor shall act as soon as requested by the City in response to any emergency condition or situation. In addition, Contractor shall, at its sole cost and expense, repair, remove and replace any portions of the work (or work of its subcontractors) damaged by its defective work or which becomes damaged in the course of repairing or replacing defective work. For any work so corrected, Contractor's obligation hereunder to correct defective work shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected work. Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of this Agreement. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor. All warranties and guarantees of subcontractors, suppliers, and manufacturers with respect to any portion of the work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Agreement or the Contract Documents, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming work or materials at Contractor's sole expense. Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.

1.11 Additional Work and Change Orders.

Change orders shall be processed as provided in the Standard Specifications, as may be amended by the Contract Documents and as follows:

The City Manager or their designee shall have authority to fully execute change orders up to any compensation or time extension constraints that may be imposed by the City Council, if any at the time of approval of this agreement.

4.H.3
Attachment: Agreement_Cen-Cal Construction_Langford Sidewalk and Pavement Project_052422 (Agreement with Cen-Cal Construction for -7-

1.12 Grant Fund Requirements.
(a) Federal Funds; Uniform Requirements. If the Project is funded in whole or in part by federal funds, as indicated in Contract Documents, City and Contractor shall comply with all applicable provisions of the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR Part 200) (“Uniform Requirements”), which are incorporated herein by reference. In the event of any inconsistency between the applicable Uniform Requirements and the other provisions of the Agreement, the applicable Uniform Requirements shall prevail.
(b) Grant Requirements. In the Project is funded in whole or in part by any grant funds, as indicated in the Contract Documents, City and Contractor shall comply with all requirements and conditions of the grant(s), which are incorporated herein by this reference.

ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.

2.1 Contract Sum.

Subject to any limitations set forth in this Agreement, City agrees to pay Contractor the amounts set forth in Contractor’s Bid, attached hereto as Exhibit A and incorporated herein by this reference. Subject to any additions or deductions that may be made by change order or amendment, and any penalties or damages that may be assessed against Contractor, Contractor shall receive total compensation, including reimbursement of Contractor’s expenses, of ONE

HUNDRED NINETY-NINE THOUSAND, SEVEN HUNDRED AND SEVENTY-FIVE DOLLARS AND ZERO CENTS ($199,775.00) (“Contract Sum”) for completion of the work.

The Contract Sum shall constitute full compensation for furnishing all materials and for doing all the work contemplated and embraced in this Agreement; and also for all loss or damage arising out of the nature of the work, or from the action of the elements, or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the work until its acceptance by the City, and for all risks of every description connected with the work; also for all expenses incurred by or in consequence of the suspension or discontinuance of work and for well and faithfully completing the work, and the whole thereof, in the manner and according to the plans and specifications, and the requirements of the Contract Documents and this Agreement.

The Contract Sum shall be made in the form of progress payments and a final payment as provided in this Section 2 and the Contract Documents, unless the Bid or Contract Documents explicitly provide for a lump sum payment.

Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Project Manager in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5, and only if specified in Exhibit A. The Contract Sum shall include the attendance of Contractor at all project meetings reasonably deemed necessary by the City. Coordination of the performance of the work with City is a critical component of the services. If Contractor is required to attend additional meetings to facilitate such coordination, Contractor shall not be entitled to any additional compensation for attending said meetings.

4.H.3
Attachment: Agreement_Cen-Cal Construction_Langford Sidewalk and Pavement Project_052422 (Agreement with Cen-Cal Construction for -8-

2.2 Invoices.

Each month Contractor shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City’s Finance Director. By submitting an invoice for payment under this Agreement, Contractor is certifying compliance with all provisions of this Agreement.

All invoices shall include a copy of Contractor’s Certified Payroll and proof that Certified Payroll has been submitted to the DIR. Contractor shall also submit a list of the prevailing wage rates (including federal prevailing wage rates, if applicable) for all employees and subcontractors providing services under this Agreement, as applicable, with Contractor’s first invoice. If these rates change at any time during the term of this Agreement, Contractor shall submit a new list of rates to the City with its first invoice following the effective date of the rate change.

2.3 Payment.

City shall, as soon as practicable, independently review each invoice submitted by the Contractor to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Contractor which are disputed by City, City will cause Contractor to be paid within thirty (30) days of receipt of Contractor’s correct and undisputed invoice; however, Contractor acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event that City does not cause Contractor to be paid within thirty (30) days of receipt of an undisputed and properly submitted invoice, Contractor shall be entitled to the payment of interest to the extent allowed under Public Contract Code Section 20104.50. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Contractor, not later than seven (7) days after receipt by the City, for correction and resubmission. Returned invoices shall be accompanied by a document setting forth in writing the reasons why the payment request was rejected. Review and payment by the City of any invoice provided by the Contractor shall not constitute a waiver of any rights or remedies provided herein or any applicable law.

2.4 Retention; Substitution of Securities.

City will deduct a five percent (5%) retention from all progress payments. In accordance with Public Contract Code Section 22300, which is hereby incorporated into this Agreement, City shall permit the substitution of securities for any moneys withheld by City to ensure performance under this Agreement. The retention held by the City shall be released within sixty (60) days after the date of completion of the work and the Project, as required by Government Code Section 7107.

In the event of a dispute between City and Contractor, City may withhold from the final payment an amount not to exceed one hundred fifty percent (150%) of the disputed amount.

ARTICLE 3. PERFORMANCE SCHEDULE

3.1 Schedule of Performance.

Contractor shall begin work within five (5) calendar days after receiving a Notice to Proceed from the City and the work shall be completed within Thirty (30) consecutive working days from the date on which Contractor received the Notice to Proceed, or otherwise in accordance

4.H.3
Attachment: Agreement_Cen-Cal Construction_Langford Sidewalk and Pavement Project_052422 (Agreement with Cen-Cal Construction for -9-
with any schedule contained in or required to be provided by the Contract Documents, and any revisions thereof approved by the City in writing. Time is of the essence. If the work is not completed within said time period, liquidated damages shall apply as set forth below.

3.2 Force Majeure.

The time period(s) for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Contractor shall within ten (10) days of the commencement of such delay notify the Project Manager in writing of the causes of the delay. The Project Manager shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Project Manager such delay is justified. The Project Manager’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall Contractor be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Contractor’s sole remedy being extension of this Agreement pursuant to this Section.

3.3 Liquidated Damages.

Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Contractor and its sureties shall be liable for and shall pay to the City the sum of ONE THOUSAND DOLLARS AND ZERO CENTS ($1,000.00) as liquidated damages for each working day of delay in the performance of any service required hereunder. The City may withhold any accrued liquidated damages from any monies payable on account of services performed by the Contractor. To the extent required by Government Code Section 4215, Contractor shall not be assessed liquidated damages for delay in completion of the work when such delay was caused by the failure of the City or owner of the utility to provide for removal or relocation of utility facilities.

3.4 Inspection and Final Acceptance.

City may inspect and accept or reject any of Contractor’s work under this Agreement, either during performance or when completed. If City finds that Contractor’s work does not meet the requirements and standards provided in the Bid Document, Contractor shall remedy any defects in the work at Contractor’s sole expense following notice by the City. City shall accept work by a timely written acceptance, otherwise work shall be deemed to have been rejected. City’s acceptance shall be conclusive as to such work except with respect to latent defects, fraud and such gross mistakes as to amount to fraud. Acceptance of any work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Articles 1 and 5, pertaining to warranty and indemnification and insurance, respectively.

4.H.3
Attachment: Agreement_Cen-Cal Construction_Langford Sidewalk and Pavement Project_052422 (Agreement with Cen-Cal Construction for -10-
ARTICLE 4. COORDINATION OF WORK

4.1 Representatives and Personnel of Contractor.

The following principals of Contractor (“Principals”) are hereby designated as being the principals and representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:
________________________ ________________________
(Name) (Title)
________________________ ________________________
(Name) (Title)
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing Principals were a substantial inducement for City to enter into this Agreement.

Therefore, the Principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder.

All personnel of Contractor, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the Principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City. Additionally, Contractor shall make every reasonable effort to maintain the stability and continuity of Contractor’s staff and subcontractors, if any, assigned to perform the services required under this Agreement. Contractor shall notify City of any changes in Contractor’s staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance.

4.2 Status of Contractor.

Contractor shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Contractor shall not at any time or in any manner represent that Contractor or any of Contractor’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Contractor, nor any of Contractor’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Contractor expressly waives any claim Contractor may have to any such rights.

4.3 Project Manager.

The “Project Manager” for the City shall be the City Engineer or any other person as may be designated by the Project Manager. It shall be the Contractor’s responsibility to assure that the Project Manager is kept informed of the progress of the performance of the services and the Contractor shall refer any decisions which must be made by City to the Project Manager. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Project Manager. The Project Manager shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.

4.H.3
Attachment: Agreement_Cen-Cal Construction_Langford Sidewalk and Pavement Project_052422 (Agreement with Cen-Cal Construction for -11-

4.4 Independent Contractor.

Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in, or authority over, the selection, discharge, supervision or control of Contractor’s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Contractor shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venturer or a member of any joint enterprise with Contractor.

4.5 Prohibition Against Subcontracting or Assignment.

The experience, knowledge, capability and reputation of Contractor, its Principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Contractor shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. All subcontractors shall obtain, at its or Contractor’s expense, such licenses, permits, registrations and approvals (including from the City) as may be required by law for the performance of any services or work under this Agreement. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of City.

ARTICLE 5. INSURANCE, INDEMNIFICATION AND BONDS

5.1 Insurance Coverages.

Without limiting Contractor’s indemnification obligation to the City (as set forth below), and prior to commencement of any services under this Agreement, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. (a) General liability insurance. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $2,000,000 per occurrence, $4,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.

4.H.3
Attachment: Agreement_Cen-Cal Construction_Langford Sidewalk and Pavement Project_052422 (Agreement with Cen-Cal Construction for -12-
(b) Automobile liability insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. (c) Professional liability (errors & omissions) insurance. Contractor shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Contractor agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement. (d) Workers’ compensation insurance. Contractor shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).
(e) Builder’s Risk Insurance. Contractor shall maintain Builder’s Risk (Course of Construction) insurance utilizing an “All Risk” (Special Perils) coverage form, with limits equal to the completed value of the Project and no coinsurance penalty provisions or provisional limit provisions. The policy must include: (1) coverage for any ensuing loss from faulty workmanship, nonconforming work, omission or deficiency in design or specifications; (2) coverage against machinery accidents and operational testing; (3) coverage for removal of debris, and insuring the buildings, structures, machinery, equipment, materials, facilities, fixtures and all other properties constituting a part of the Project; (4) ordinance or law coverage for contingent rebuilding, demolition, and increased costs of construction; (5) transit coverage (unless insured by the supplier or receiving contractor), with sub-limits sufficient to insure the full replacement value of any key equipment item; (6) ocean marine cargo coverage insuring any Project materials or supplies, if applicable; (7) coverage with sub-limits sufficient to insure the full replacement value of any property or equipment stored either on or off the Project site or any staging area. (f) Pollution Liability Insurance. Contractor shall maintain Environmental Impairment Liability insurance, written on a Contractor’s Pollution Liability form or other form acceptable to City providing coverage for liability arising out of sudden, accidental, and gradual pollution and remediation. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. All activities contemplated in this Agreement shall be specifically scheduled on the policy as “covered operations.” The policy shall provide coverage for the hauling of waste from the Project site to the final disposal location, including non-owned disposal sites.

5.2 General Insurance Requirements.
(a) Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein. (b) Proof of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be

4.H.3
Attachment: Agreement_Cen-Cal Construction_Langford Sidewalk and Pavement Project_052422 (Agreement with Cen-Cal Construction for -13-
approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
(c) Duration of Coverage. Contractor shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the services hereunder by Contractor, its agents, representatives, employees or subcontractors. (d) Primary/noncontributing. Coverage provided by Contractor shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.
(e) City’s Rights of Enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary, and any premium paid by City will be promptly reimbursed by Contractor or City will withhold amounts sufficient to pay the premium from any payments due to the Contractor. In the alternative, City may cancel this Agreement.
(f) Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors.
(g) Enforcement of Contract Provisions (non-estoppel). Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
(h) Requirements Not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any Party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

4.H.3
Attachment: Agreement_Cen-Cal Construction_Langford Sidewalk and Pavement Project_052422 (Agreement with Cen-Cal Construction for -14-
(i) Notice of Cancellation. Contractor agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
(j) Additional Insured Status. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
(k) Prohibition of Undisclosed Coverage Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (l) Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (m) Pass Through Clause. Contractor agrees to ensure that its subconsultants, subcontractors, and any other Party involved with the Project who is brought onto or involved in the Project by Contractor, provide the same minimum insurance coverage and endorsements required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Section. Contractor agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the Project will be submitted to City for review. (n) Agency’s Right to Revise Specifications. The City reserves the right at any time during the term of this Agreement to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City and Contractor may renegotiate Contractor’s compensation.
(o) Self-Insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City.
(p) Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(q) Additional Insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.

4.H.3
Attachment: Agreement_Cen-Cal Construction_Langford Sidewalk and Pavement Project_052422 (Agreement with Cen-Cal Construction for -15-

5.3 Indemnification.

Contractor shall indemnify, defend with legal counsel approved by City, and hold harmless City, its officers, officials, employees, agents, representatives, and volunteers (collectively, “Indemnitees”) from and against all liability, loss, damage, expense, cost (including, without limitation, reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with Contractor’s (or its employees’, officers’, agents’, or subcontractor’s) performance of the work hereunder or its failure to comply with any of its obligations contained in this Agreement, including any injuries to or death of any person (including, but not limited to, workers and the public), or damage to property resulting from the construction of the work or by or in consequence of any negligence regarding the work, use of improper materials or equipment in construction of the work, negligence or refusal of Contractor to faithfully perform the work and all of Contractor's obligations under this Agreement, or by or on account of any act or omission by the Contractor (or it employees /agents) or its subcontractors (or their employees / agents) during the progress of the work or at any time before the completion and final acceptance of the Project by the City, except with respect to any loss or damage which is caused by the sole or active negligence or willful misconduct of the City as determined by a court of competent jurisdiction. Should conflict of interest principles preclude a single legal counsel from representing both City and Contractor, or should City otherwise find Contractor’s legal counsel unacceptable, then Contractor shall reimburse the City its costs of defense, including, without limitation, reasonable attorneys’ fees, expert fees and all other costs and fees of litigation.

Contractor shall promptly pay any final judgment rendered against the City (and its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have been the result of the Contractor’s negligent, reckless or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination or expiration of this Agreement.

Contractor’s obligations under this Section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by the City or any Indemnitees. In instances where City or its Indemnitees is shown to have been actively negligent and where City’s active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of the City.

5.4 Notification of Third-Party Claims.

City shall timely notify Contractor of the receipt of any third-Party claim relating to the work under this Agreement. City shall be entitled to recover from Contractor its reasonable costs incurred in providing such notification.

5.5 Performance and Labor Bonds.

Concurrently with execution of this Agreement Contractor shall deliver to the City, the following in the form required under the Contract Documents or otherwise by the City Clerk:

4.H.3
Attachment: Agreement_Cen-Cal Construction_Langford Sidewalk and Pavement Project_052422 (Agreement with Cen-Cal Construction for -16-
(a) A performance bond in the amount of the Contract Sum of this Agreement, which secures the faithful performance of this Agreement (“Performance Bond”). (b) A labor and materials bond in the amount of the Contract Sum of this Agreement, which secures the payment of all persons furnishing labor and/or materials in connection with the work under this Agreement (“Payment Bond”). (c) A warranty bond, guaranteeing the Contractor’s warranty under Section

1.11 of this Agreement, in an amount not less than 5% of the Contract Sum.

The bonds shall contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his/her power of attorney. The bonds shall be unconditional and remain in force during the entire term of this Agreement.

City shall release the Performance Bond and Payment Bond when the following have occurred: (a) Contractor has made a written request for release and provided evidence of satisfaction of all other requirements under Article 5 of this Agreement, (b) the work for the Project has be finally accepted by the City, and (c) after passage of the time within which lien claims are required to be made pursuant to applicable laws; if lien claims have been timely filed, City shall hold the Payment Bond until such claims have been resolved, Contractor has provided statutory bond, or otherwise as required by applicable law.

5.6 Sufficiency of Insurer or Surety.

Insurance and bonds required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated “A” or better in the most recent edition of Best’s Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Risk Manager of the City (“Risk Manager”) due to unique circumstances. If this Agreement continues for more than 3 years duration, or in the event the Risk Manager determines that the work or services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies and the performance bond required under Article 5 of this Agreement may be changed accordingly upon receipt of written notice from the Risk Manager.

ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION

6.1 Records.

Contractor shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies, certified and accurate copies of payroll records in compliance with all applicable laws, or other documents relating to the disbursements charged to City and services performed hereunder (the “books and records”), as shall be necessary to perform the services required by this Agreement and enable the Project Manager to evaluate the performance of such services. Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Project Manager shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of 3 years following

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completion of the services hereunder, and the City shall have access to such records in the event any audit is required. In the event of dissolution of Contractor’s business, custody of the books and records may be given to City, and access shall be provided by Contractor’s successor in interest. Notwithstanding the above, the Contractor shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act.

6.2 Reports.

Contractor shall periodically prepare and submit to the Project Manager such reports concerning the performance of the services required by this Agreement as the Project Manager shall require. Contractor hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Contractor is providing design services, the cost of the project being designed, Contractor shall promptly notify the Project Manager of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto.

6.3 Ownership of Documents.

All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “documents and materials”) prepared by Contractor, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Project Manager or upon the termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Contractor will be at the City’s sole risk and without liability to Contractor, and Contractor’s guarantee and warranties shall not extend to such use, reuse or assignment. Contractor may retain copies of such documents for its own use. Contractor shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom. Moreover, Contractor with respect to any documents and materials that may qualify as “works made for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for the City.

6.4 Confidentiality and Release of Information.
(a) Information gained or work product produced by Contractor in its performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Contractor. Contractor shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Project Manager.

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(b) Contractor, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Project Manager or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Contractor gives City notice of such court order or subpoena. (c) If Contractor, or any officer, employee, agent or subcontractor of Contractor, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Contractor for any damages, costs and fees, including attorneys’ fees, caused by or incurred as a result of Contractor’s conduct. (d) Contractor shall promptly notify City should Contractor, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any Party regarding this Agreement and the work performed with respect to the Project. City retains the right, but has no obligation, to represent Contractor or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION

7.1 California Law.

This Agreement shall be interpreted, construed and governed both as to validity and to performance of the Parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Fresno, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of Fresno, State of California.

7.2 Termination.

This Agreement may be terminated in accordance with the provisions of the Standard Specifications, as may be amended by the Contract Documents.

7.3 Dispute Resolution Process.
(a) Section 20104 et seq. of the California Public Contract Code prescribes a process utilizing informal conferences, non-binding judicial-supervised mediation, and judicial arbitration to resolve disputes on construction claims of $375,000 or less. Additionally, Section 9204 of the Public Contract Code prescribes a process for negotiation and mediation to resolve disputes on construction claims. The intent of this Section is to implement Sections 20104 et seq. and Section 9204 of the California Public Contract Code. This Section shall be construed to be consistent with said statutes.

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(b) For purposes of these procedures, “claim” means a separate demand by the Contractor, after the City has denied Contractor’s timely and duly made request for payment for extra work and/or a time extension, for (A) a time extension, (B) payment of money or damages arising from work done by or on behalf of the Contractor pursuant to this Agreement and payment of which is not otherwise expressly provided for or the Contractor is not otherwise entitled to, or (C) an amount the payment of which is disputed by the City. (c) The following requirements apply to all claims to which this Section applies:
i. Claim Submittal. The claim shall be in writing and include the documents necessary to substantiate the claim. Claims governed by this procedure must be filed on or before the date of final payment. Nothing in this Section is intended to extend the time limit or supersede notice requirements otherwise provided in this Agreement for the filing of claims, including all requirements pertaining to compensation or payment for extra work, disputed work, and/or changed conditions. Failure to follow such contractual requirements shall bar any claims or subsequent lawsuits for compensation or payment thereon. ii. Supporting Documentation. The Contractor shall submit all claims in the following format:
iii. Summary of the claim, including references to the specific Bid Document provisions or provisions under this Agreement upon which the claim is based. iv. List of documents relating to claim: (a) Specifications, (b) Drawings, (c) Clarifications (Requests for Information), (d) Schedules, and (e) Other. v. Chronology of events and correspondence related to the claim. vi. Statement of grounds for the claim.
vii. Analysis of the claim’s cost, if any.
viii. Analysis of the claim’s time/schedule impact, if any. (d) City’s Response. Upon receipt of a claim pursuant to this Section, City shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the Contractor a written statement identifying what portion of the claim is disputed and what portion is undisputed. Any payment due on an undisputed portion of the claim will be processed and made within 60 days after the City issues its written statement. i. If the City needs approval from the City Council to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the claim, and the City Council does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the City shall have up to three days following the next duly publicly noticed meeting of the City Council after the 45-day period, or extension, expires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion.

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ii. Within 30 days of receipt of a claim, the City may request in writing additional documentation supporting the claim or relating to defenses or claims the City may have against the Contractor. If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of City and the Contractor. iii. The City’s written response to the claim, as further documented, shall be submitted to the Contractor within 30 days (if the claim is less than $50,000, within 15 days) after receipt of the further documentation, or within a period of time no greater than that taken by the Contractor in producing the additional information or requested documentation, whichever is greater.
(e) Meet and Confer. If the Contractor disputes the City’s written response, or the City fails to respond within the time prescribed, the Contractor may so notify the City, in writing, either within 15 days of receipt of the City’s response or within 15 days of the City’s failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand, the City shall schedule a meet and confer conference within 30 days for settlement of the dispute. (f) Mediation. Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the City shall provide the Contractor a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the City issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the City and the Contractor sharing the associated costs equally. The City and Contractor shall mutually agree to a mediator within ten (10) business days after the disputed portion of the claim has been identified in writing, unless the Parties agree to select a mediator at a later time.
i. If the Parties cannot agree upon a mediator, each Party shall select a mediator and those mediators shall select a qualified neutral third Party to mediate with regard to the disputed portion of the claim. Each Party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. ii. For purposes of this Section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third Party or board assists the Parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this Section. iii. Unless otherwise agreed to by the City and the Contractor in writing, the mediation conducted pursuant to this Section shall excuse any further obligation under Public Contract Code Section 20104.4 to mediate after litigation has been commenced. iv. All unresolved claims shall be considered jointly in a single mediation, unless a new unrelated claim arises after mediation is completed. (g) City’s Responses. The City’s failure to respond to a claim from the Contractor within the time periods described in this Section or to otherwise meet the time requirements of this Section shall result in the claim being deemed rejected in its entirety. A claim

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that is denied by reason of the City’s failure to have responded to a claim, or its failure to otherwise meet the time requirements of this Section, shall not constitute and adverse finding with regard to the merits of the claim or the responsibility of qualifications of the Contractor. City’s failure to respond shall not waive City’s rights to any subsequent procedures for the resolution of disputed claims.
(h) Government Code Claims. If following the mediation, the claim or any portion remains in dispute, the Contractor must comply with the claim procedures set forth in Government Code Section 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, construction claims, and/or changed conditions, including any required mediation, have been followed by Contractor. If no such Government Code claim is submitted, or if the prerequisite contractual requirements are not satisfied, no action against the City may be filed. A Government Code claim must be filed no earlier than the date that Contractor completes all contractual prerequisites to filing a Government Code claim, including any required mediation.

A Government Code claim shall be inclusive of all unresolved claims unless a new unrelated claim arises after the Government Code claim is submitted. For purposes of Government Code Section 900 et seq., the running of the period of time within which a claim must be filed shall be tolled from the time the Contractor submits his or her written claim to the City until the time the claim is denied, including any period of time utilized by the meet and confer conference or mediation that does not result in a complete resolutions of all claims. (i) Civil Actions for Claims of $375,000 or Less. The following procedures are established for all civil actions filed to resolve claims totaling $375,000 or less:
i. Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both Parties or unless mediation was held prior to commencement of the action in accordance with Public Contract Code Section 9204 and the procedures in this Section.

The mediation process shall provide for the selection within 15 days by both Parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court. ii. If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1141.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration. iii. Upon stipulation of the Parties, arbitrators appointed for these purposes shall be experienced in construction law, and, upon stipulation of the Parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed their customary rate, and such fees and expenses shall be paid equally by the Parties, except in the case of arbitration where the arbitrator, for good cause, determines a different division.

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iv. In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, any Party who after receiving an arbitration award requests a trial de novo but does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, pay the reasonable attorneys’ fees of the other Party arising out of the trial de novo.

7.4 Waiver.

Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement.

Acceptance by City of any work or services by Contractor shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting Party on any default shall impair such right or remedy or be construed as a waiver.

Any waiver by either Party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

7.5 Rights and Remedies are Cumulative.

Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.

7.6 Unfair Business Practices Claims.

Pursuant to Public Contract Code Section 7103.5, in entering into this Agreement, Contractor offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials related to this Agreement. This assignment shall be made and become effective at the time the City tenders final payment to the Contractor without further acknowledgment by the Parties.

ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

8.1 Non-liability of City Officers and Employees.

No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement.

8.2 Conflict of Interest.

Contractor covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests

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of City or which would in any way hinder Contractor’s performance of services under this Agreement. Contractor further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the Project Manager. Contractor agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.

No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to this Agreement which effects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The Contractor warrants that it has not paid or given and will not pay or give any third Party any money or other consideration for obtaining this Agreement.

8.3 Covenant Against Discrimination.

Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class in the performance of this Agreement. Contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class.

8.4 Unauthorized Aliens.

Contractor hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C. § 1101 et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Contractor so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Contractor hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys' fees, incurred by City.

ARTICLE 9. MISCELLANEOUS PROVISIONS

9.1 Provisions Required By Law.

Each and every provision of law and clause required by law to be inserted in this Agreement shall be deemed to be inserted herein, and this Agreement shall be read and enforced as though it were included herein. If through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon application of either Party, this Agreement shall forthwith be amended to make such insertion or correction.

9.2 Notices.

Any notice, demand, request, document, consent, approval, or communication either Party desires or is required to give to the other Party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager

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and to the attention of the Project Manager (with her/his name and City title), City of Arvin, 200 Campus Drive, Arvin California 93203, and in the case of the Contractor, to the person at the address designated on the execution page of this Agreement. Either Party may change its address by notifying the other Party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section. All correspondence relating to this Agreement shall be serialized consecutively.

9.3 Interpretation.

The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.

9.4 Counterparts.

This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.

9.5 Integration; Amendment.

This Agreement, together with the documents incorporated herein (including the Standard Specifications and the Contract Documents) and the exhibits attached hereto constitutes the entire, complete and exclusive expression of the understanding of the Parties with respect to the subject matter hereof. It is understood that there are no oral agreements between the Parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the Parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Contractor and by the City Council. The Parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.

9.6 Severability.

In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless.

9.7 Warranty & Representation of Non-Collusion.

No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly

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interested, or in violation of any State or municipal statute or regulation. The determination of “financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5. Contractor warrants and represents that it has not paid or given, and will not pay or give, to any third Party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement.

Contractor further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third Party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Contractor is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.

9.8 Corporate Authority.

The persons executing this Agreement on behalf of the parties hereto warrant that (i) such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said Party, (iii) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other agreement to which said Party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE]

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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.

CITY:

CITY OF ARVIN, a municipal corporation
____________________________________
Olivia Trujillo, Mayor
ATTEST:

Cecilia Vela, City Clerk
APPROVED AS TO FORM:

HODGES LAW GROUP, LLP
Nathan Hodges, City Attorney
CONTRACTOR:
____________________________________
By:_________________________________
Name:

Title:

By:_________________________________
Name:

Title:

Address:

Two corporate officer signatures required when Contractor is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONTRACTOR’S SIGNATURES

SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS

MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONTRACTOR’S BUSINESS ENTITY.

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Attachment: Agreement_Cen-Cal Construction_Langford Sidewalk and Pavement Project_052422 (Agreement with Cen-Cal Construction for

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

COUNTY OF KERN
On __________, 2022 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: _____________________________________

OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER
_______________________________

TITLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

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Attachment: Agreement_Cen-Cal Construction_Langford Sidewalk and Pavement Project_052422 (Agreement with Cen-Cal Construction for

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: _____________________________________

OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER
_______________________________

TITLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

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EXHIBIT A
CONTRACTOR’S BID

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Attachment: Agreement_Cen-Cal Construction_Langford Sidewalk and Pavement Project_052422 (Agreement with Cen-Cal Construction for

PERFORMANCE BOND
WHEREAS, the CITY OF ARVIN, (“City”), has awarded to J.L. PLANK INC DBA CEN-CAL CONSTRUCTION, as Contractor (“Principal”), a Contract for the work entitled and described as follows: LANGFORD AVENUE SIDEWALK & PAVING PROJECT; WHEREAS, the Contractor is required under the terms of said Contract to furnish a bond for the faithful performance of the Contract;
NOW, THEREFORE, we the undersigned Contractor and Surety, are held and firmly bound unto the City in the sum of ONE HUNDRED NINETY-NINE THOUSAND, SEVEN HUNDRED AND SEVENTY-FIVE DOLLARS AND ZERO CENTS ($199,775.00) this amount being not less than one hundred percent (100%) of the total Contract price, lawful money of the United States of America, for payment of which sum well and truly be made we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. In case suit is brought upon this bond, the Surety will pay a reasonable attorney’s fee to the City in an amount to be fixed by the court.

THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bound Contractor, or its heirs, executors, administrators, successors, or assigns, shall in all things stand and abide by, well and truly keep and perform all undertakings, terms, covenants, conditions, and agreements in the said Contract and any alteration thereof, made as therein provided, all within the time and in the manner designated and in all respects according to their true intent and meaning, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

FURTHER, the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modification of the Contract Documents or of the work to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of such change, extension of time, alteration, or modification of the Contract Documents or of the work to be performed thereunder.

Executed on 20___.

PRINCIPAL
(Seal if Corporation) By
Title
(Attach Acknowledgment of Authorized Representative of Principal)

4.H.3
Attachment: Agreement_Cen-Cal Construction_Langford Sidewalk and Pavement Project_052422 (Agreement with Cen-Cal Construction for Any claims under this bond may be addressed to:
(name and address of Surety)
(name and address of Surety's agent for service
of
process in California, if different from above)
(telephone number of Surety's agent in
California)
(Attach Acknowledgment)
SURETY
By
(Attorney-in-Fact)
APPROVED:
(Attorney for CITY)
NOTICE:

No substitution or revision to this bond form will be accepted. Sureties must be authorized to do business in and have an agent for service of process in California. Certified copy of Power of Attorney must be attached.

4.H.3
Attachment: Agreement_Cen-Cal Construction_Langford Sidewalk and Pavement Project_052422 (Agreement with Cen-Cal Construction for

PAYMENT BOND
(Labor and Material Bond)
WHEREAS, the CITY OF ARVIN, (“City”), has awarded to J.L. PLANK INC DBA CENCAL CONSTRUCTION, as Contractor (“Principal”), a Contract for the work entitled and described as follows: LANGFORD AVENUE SIDEWALK & PAVING PROJECT; WHEREAS, said Contractor is required to furnish a bond in conjunction with said Contract, to secure the payment of claims of laborers, mechanics, material men, and other persons as provided by law;
NOW, THEREFORE, we the undersigned Contractor and Surety, are held and firmly bound unto the City in the sum of ONE HUNDRED NINETY-NINE THOUSAND, SEVEN HUNDRED AND SEVENTY-FIVE DOLLARS AND ZERO CENTS ($199,775.00), this amount being not less than one hundred percent (100%) of the total Contract price, lawful money of the United States of America, for payment of which sum well and truly be made we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. In case suit is brought upon this bond, the Surety will pay a reasonable attorney’s fee to the City in an amount to be fixed by the court.

THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if said Contractor, its heirs, executors, administrators, successors, assigns, or subcontractor fails to pay: (1) for any work, materials, services, provisions, provender, or other supplies, or for the use of implements of machinery, used in, upon, for, or about the performance of the work to be done, or for any work or labor thereon of any kind; (2) for work performed by any of the persons named in Civil Code Section 9100; (3) for any amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract; and/or (4) for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Contractor and/or its subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety herein will pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void.

This bond shall inure to the benefit of any of the persons named in Civil Code Section 9100 so as to give a right of action to such persons or their assigns in any suit brought upon the bond. Moreover, if the City or any entity or person entitled to file stop payment notices is required to engage the services of an attorney in connection with the enforcement of this bond, each shall be liable for the reasonable attorney's fees incurred, with or without suit, in addition to the above sum.

Said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modification of the Contract Documents or of the work to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of such change, extension of time, alteration, or modification of the Contract Documents or of the work to be performed thereunder.

4.H.3
Attachment: Agreement_Cen-Cal Construction_Langford Sidewalk and Pavement Project_052422 (Agreement with Cen-Cal Construction for Executed on , 20____.

PRINCIPAL
(Seal if Corporation) By
Title
(Attach Acknowledgment of Authorized Representative of Principal) Any claims under this bond may be addressed to:
(name and address of Surety)
(name and address of Surety's agent for service
of process in California, if different from above)
(telephone number of Surety's agent in
California)
(Attach Acknowledgment)
SURETY
By
(Attorney-in-Fact)
APPROVED:
(Attorney for CITY)
NOTICE:

4.H.3
Attachment: Agreement_Cen-Cal Construction_Langford Sidewalk and Pavement Project_052422 (Agreement with Cen-Cal Construction for

WORKERS COMPENSATION INSURANCE CERTIFICATE
Description of Contract: City of Arvin
Project: : LANGFORD AVENUE SIDEWALK & PAVING

PROJECT
Type of Insurance: Workers' Compensation and
Employers' Liability Insurance
THIS IS TO CERTIFY that the following policy has been issued by the below-stated company in conformance with the requirements of Article 5 of the Contract and is in force at this time, and is in a form approved by the Insurance Commissioner.

The Company will give at least 30 days' written notice to the City and Engineer/Architect prior to any cancellation of said policy.

POLICY NUMBER EXPIRATION DATE LIMITS OF LIABILITY
Workers' Compensation:

Statutory Limits Under the Laws
of the State of California
Employers' Liability:
$_________________ Each Accident
$_________________ Disease - Policy Limit
$_________________ Disease - Each Employee
Named Insured (Contractor) Insurance Company
Street Number Street Number
City and State City and State
By
(Company Representative)
(SEE NOTICE ON NEXT PAGE)

4.H.3
Attachment: Agreement_Cen-Cal Construction_Langford Sidewalk and Pavement Project_052422 (Agreement with Cen-Cal Construction for Insurance Company Agent for Service
of Process in California:

Name
Agency
Street Number
City and State
Telephone Number
This certificate is issued as a matter of information only and confers no rights upon the certificate holder. This certificate does not amend, extend, or alter the coverage afforded by the policy listed herein.

This is to certify that the policy has been issued to the named insured for the policy period indicated, notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate may be issued or may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions of such policy.

NOTICE:

No substitution or revision to the above certificate form will be accepted. If the insurance called for is provided by more than one insurance company, a separate certificate in the exact above form shall be provided for each insurance company.

4.H.3
Attachment: Agreement_Cen-Cal Construction_Langford Sidewalk and Pavement Project_052422 (Agreement with Cen-Cal Construction for

ATTACHMENT B

REQUIRED FEDERAL CONTRACT PROVISIONS
NOTE: The following information is provided as a general overview of the various regulations that apply to projects funded by federal funds. Certain provisions may only be applicable to construction contracts, professional services contracts, or both. It shall be the responsibility of the awarded consultants or contractors to know which federal provisions apply to their project depending on the scope of services required. Also note that not all sections will apply to all projects. Certain HUD requirements are only applicable to certain types of projects such as those pertaining to construction of new homes, home renovations, and other forms of vertical construction.

The Part 200 Uniform Requirements require that non-Federal entities’ contracts contain the applicable provisions described in Appendix II to Part 200 — “Contract Provisions for NonFederal Entity Contracts Under Federal Awards.” Violations of law will be referred to the proper authority in the applicable jurisdiction. All Prime Contractors awarded contracts by the Subrecipient which are federally funded, in whole or in part, are required to comply with the provisions below. Additionally, Prime Contractors with the Subrecipient are required to include the provisions below in any contracts executed with subcontractors performing the scope of work and shall pass these requirements on to its subcontractors and third-party contractors, as applicable. In addition to other provisions required by the relevant Federal agency, State of California, or City of Arvin, all contracts made by the Subrecipient under the Federal award shall contain provisions covering the following, as applicable.

ACCESS TO RECORDS & RECORD RETENTION (2 CFR 200.336)
Contractor must provide City, the State, and the U.S. Department of Housing and Urban Development (HUD), the FEMA Administrator, the Inspectors General, the Comptroller General of the United States, or any of their pass-through entities or authorized representatives access to any books, documents, papers, and records of the Contractor and its subcontractors which are directly pertinent to this contract/project for the purposes of making/responding to audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to the Contractor’s personnel for the purpose of interview and discussion related to such documents. Contractor must maintain all records pertaining to the project for seven (7) years after receiving final payment and after all other pending matters have been closed.

ACCESSIBILITY (24 CFR 570.614) & SECTION 504 (29 U.S.C. Section 794 and 24 CFR Parts 8‐9)
Contractor shall comply with all federal, state and local laws and regulations which prohibit recipients of federal funding from discriminating against individuals with disabilities.

Applicable laws and regulations with which Contractor shall comply shall include, but are not limited to, the following: Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. Section 794) (24 CFR Parts 8‐9); Title II of the Americans with Disabilities Act of 1990; the Architectural Barriers Act of 1968 (42 U.S.C. 4151-4157); the Uniform Federal Accessibility Standards (Appendix A to 24 CFR Part 40 and Appendix A to 41 CFR Part 101-19, subpart

EXHIBIT B

4.H.4
Attachment: Exhibit B-Federal language (Agreement with Cen-Cal Construction for Langford Ave Sidewalk & Paving Project)

ATTACHMENT B

REQUIRED FEDERAL CONTRACT PROVISIONS
101-19.6); the Americans with Disabilities Act (42 U.S.C. 12131; 47 U.S.C. 155, 201, 218, and 225); California Building Code.

BYRD ANTI-LOBBYING AGREEMENT (2 CFR 200 APPENDIX II (J) AND 24 CFR 570.303)
Pursuant to 31 U.S.C.A. § 1352 (2003), if at any time during the contract term funding to contract exceeds $100,000.00, the Contractor shall file with the City the Federal Standard Form LLL titled “Disclosure Form to Report Lobbying.”
Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-federal award.

CIVIL RIGHTS ACT OF 1964 (Title VI 42 U.S.C. § 2000d)
Title VI of the Civil Rights Act of 1964, Section 109 of the Community Development Act of 1974, Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. Section 794) (24 CFR Parts 8‐ 9), and the Americans with Disabilities Act of 1990 (42 U.S.C. 12131; 47 U.S.C. 155, 201, 218, and 225), prohibits Contractors from excluding or denying individuals benefits or participation in this project on the basis of race, color, religion, national origin, sex, or disability. The provisions require that no person in the United States shall on the ground of race, color, religion, national origin, sex, or disability be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with community development funds made available pursuant to these Acts.

For purposes of this Part “program or activity” is defined as any function conducted by an identifiable administrative unit of the recipient, or private Contractor receiving community development funds or loans from the recipient. “Funded in whole or in part with community development funds” means that community development finds in any amount in the form of grants or proceeds from HUD guaranteed loans have been transferred by the recipient or a subrecipient to an identifiable administrative unit and disbursed in a program or activity. A Contractor may not, under any program or activity to which the regulations of this Part may apply directly or through contractual or other arrangements, on the grounds of race, color, national origin, or sex:
a. Deny any facilities, services, financial aid or other benefits provided under the program or activity;

EXHIBIT B

4.H.4
Attachment: Exhibit B-Federal language (Agreement with Cen-Cal Construction for Langford Ave Sidewalk & Paving Project)

ATTACHMENT B

REQUIRED FEDERAL CONTRACT PROVISIONS
b. Provide any facilities, services, financial aid or other benefits, which are different, or are provided in a different form from that provided to others under the program or activity;
c. Subject to segregated or separate treatment in any facility in, or in any matter of process related to receipt of any service or benefit under the program or activity; d. Restrict in any way access to, or in the enjoyment of any advantage or privilege enjoyed by others in connection with facilities, services, financial aid or other benefits under the program or activity;
e. Treat an individual differently from others in determining whether the individual satisfies any admission, enrollment, eligibility, membership, or other requirement or condition which the individual must meet in order to be provided any facilities, services or other benefit provided under the program or activity; and f. Deny an opportunity to participate in a program or activity as an employee.

CLEAN AIR ACT (2 CFR Appendix II to Part 200 (G))
Pursuant to 2 CFR Appendix II to Part 200 (G), if at any time during the contract term funding to contract exceeds $150,000, the Contractor must comply with all provisions of the Clean Air Act (42 U.S.C. 85) and Section 308 of the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended. Contractors securing a contract in excess of $150,000.00 shall not expend such funds by making use of subcontracting with facilities included on the Environmental Protection Agency List of Violating Facilities as per Section 306 of the Clean Air Act, Section 508 of The Clean Water Act, Executive Order 11738, and Environmental Protection Agency Regulations 40 CFR.

For any subcontractors under this contract receiving contracts in excess of $150,000 Contractor is required to include a provision that requires compliance with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 85) and Section 308 Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations shall be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (2 CFR Appendix II to Part 200 (E))
Pursuant to 2 CFR 200 Appendix II (E), if at any time during the contract term funding to contract exceeds $100,000, the Contractor must comply with the Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded in excess of $100,000 that involve the employment of mechanics or laborers must include a

EXHIBIT B

4.H.4
Attachment: Exhibit B-Federal language (Agreement with Cen-Cal Construction for Langford Ave Sidewalk & Paving Project)

ATTACHMENT B

REQUIRED FEDERAL CONTRACT PROVISIONS
provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence
(1) Overtime Requirements – No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.
(2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefore shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. (3) Withholding for unpaid wages and liquidated damages. The (write in the name of the Federal agency or the loan or grant recipient) shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section.

EXHIBIT B

4.H.4
Attachment: Exhibit B-Federal language (Agreement with Cen-Cal Construction for Langford Ave Sidewalk & Paving Project)

ATTACHMENT B

REQUIRED FEDERAL CONTRACT PROVISIONS
(4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section.

COPELAND “ANTI-KICKBACK” ACT (40 U.S.C. 3145)
Pursuant to 2 CFR Appendix II to Part 200 (D), Contractor must comply with the provisions of the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each vendor, contractor, subcontractor, or subrecipient shall be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled.

Contractor shall include this provision in all contracts between itself and any subcontractors in connection with the services performed under this Contract. The City shall report all suspected or reported violations to the Federal awarding agency.

COST PLUS CONTRACTING PROHIBITED (2 CFR 200.323(D))
Cost-plus-a-percentage-of-cost (CPPC) contracts are prohibited by 2 CFR 200.323(d). The cost plus a percentage of cost and percentage of construction cost methods of contracting must never be used, including in subcontracts and third-party contracts. A cost-plus contract is one that is structured to pay the contractor or subcontractor their actual costs incurred, plus a fixed percent for profit or overhead.

A cost-plus-a-percentage-of-cost (CPPC) contract is a contract containing some element that obligates the Subrecipient, or Contractor to pay a contractor or subcontractor an amount (in the form of either profit or cost), undetermined at the time the contract was made, to be incurred in the future, and based on a percentage of future costs. The inclusion of an overall contract ceiling price does not make these forms of contracts acceptable.

This type of contract is prohibited because there is no incentive for the contractor or subcontractor to keep its incurred costs low. Instead, there is a reverse incentive for the contractor or subcontractor to continue to incur additional costs in order to continue to drive the percentage of cost up. In other words, increased spending by the contractor will yield higher profits. This prohibition applies to all work, regardless of the circumstances, and applies to

EXHIBIT B

4.H.4
Attachment: Exhibit B-Federal language (Agreement with Cen-Cal Construction for Langford Ave Sidewalk & Paving Project)

ATTACHMENT B

REQUIRED FEDERAL CONTRACT PROVISIONS
subcontracts of the contractor cases where the prime contract is a cost-reimbursement type contract or subject to price redetermination.

DEBARMENT / SUSPENSION AND VOLUNTARY EXCLUSION (2 CFR Appendix II to Part 200 (I))
Pursuant to 2 CFR Appendix II to Part 200 (I), a Contract meeting the definition in 2 C.F.R. § 180.220 must not be made to parties listed on the System for Award Management (SAM) Exclusion lists, in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.

Pursuant to Executive Orders 12549 and 12689, a contract award shall not be made to parties listed on the government-wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235). SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. A contract award must not be made to parties listed in the SAM Exclusions. SAM exclusions can be accessed at www.sam.gov.

Additionally, no contracts shall be awarded to any Contractor that has been debarred, suspended, or otherwise excluded from or ineligible for participation in any federal programs, including but not limited to the Department of Health and Human Work (DHHS), Office of Inspector General (OIG) - List of Excluded Individuals & Entities (LEIE); U.S. General Services Administration (GSA) – Excluded Parties List System (EPLS); All States (50) Health & Human Work Commission Medicaid OIG Sanction List; Government Terrorist Watch List (OFAC / Patriot Act); Department of Commerce, Bureau of Industry and Security, Denied Persons List; and Department of Homeland Security, Immigration and Customs Enforcement (ICE) Most Wanted.

This contract is a covered transaction for purposes of compliance with Title 2 C.F.R. parts 180 and 3000, and as such the Contractor is required to verify that none of the contractor, its principals (as defined at 2 C.F.R. § 180.995), or its affiliates (as defined at 2 C.F.R. § 180.905) are excluded (as defined at 2 C.F.R. § 180.940) or disqualified (as defined at 2 C.F.R. § 180.935). These regulations restrict awards, subawards, and contracts with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in Federal

EXHIBIT B

4.H.4
Attachment: Exhibit B-Federal language (Agreement with Cen-Cal Construction for Langford Ave Sidewalk & Paving Project)

ATTACHMENT B

REQUIRED FEDERAL CONTRACT PROVISIONS
assistance programs and activities (See 2 C.F.R Part 200, Appendix II). The Contractor must comply with 2 C.F.R. part 180, subpart C and 2 C.F.R. part 3000, subpart C and shall include this requirement and similar certification in all contracts between itself and any subcontractors in connection with the services performed under this Contract.

The Contractor confirms that it is eligible or otherwise not disqualified or prohibited from participation in federal or state assistance programs under Executive Order 12549, Debarment and Suspension. Additionally, the Contractor warrants that it is not debarred, suspended, or otherwise excluded from or ineligible for participation in any federal programs, including but not limited to the following: Department of Health and Human Work (DHHS), Office of Inspector General (OIG) - List of Excluded Individuals & Entities (LEIE); U.S. General Services Administration (GSA) – Excluded Parties List System (EPLS); All States (50) Health & Human Work Commission Medicaid OIG Sanction List; Government Terrorist Watch List (OFAC / Patriot Act); Department of Commerce, Bureau of Industry and Security, Denied Persons List; and Department of Homeland Security, Immigration and Customs Enforcement (ICE) Most Wanted. The Subrecipient reserves the right to verify any Contractor’s status and document instances of debarment, suspension, or other ineligibility.

The Contractor shall verify that all subcontractors performing work under this Contract are not debarred, disqualified, or otherwise prohibited from participation in accordance with the requirements above. The Contractor further must notify the Subrecipient in writing immediately if Contractor or its subcontractors are not in compliance with Executive Order 12549 during the term of this contract. Contractor shall include this provision in all contracts between itself and any subcontractors in connection with the services performed under this Contract.

If it is found that the Contractor did not comply or is not in compliance with Executive Order 12549 (2 C.F.R. part 180, subpart C and 2 C.F.R. part 3000, subpart C), the Contractor may be subject to available remedies, including but not limited to, refunding the Subrecipient for any payments made to the Contractor while ineligible, and also acknowledges that the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment.

ENERGY EFFICIENCY (42 U.S.C. 6201 and 2 CFR 200 APPENDIX II (H)) Contractor must comply with the mandatory standards and policies relating to energy efficiency, which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. 6201). Contractor must include this

EXHIBIT B

4.H.4
Attachment: Exhibit B-Federal language (Agreement with Cen-Cal Construction for Langford Ave Sidewalk & Paving Project)

ATTACHMENT B

REQUIRED FEDERAL CONTRACT PROVISIONS
provision in all contracts between itself and any subcontractors in connection with the services performed under this Contract.

EQUAL EMPLOYMENT OPPORTUNITY (41 CFR 60-1.4(b) and 2 CFR 200

APPENDIX II (C))
Contractor must comply with, and incorporate or cause to be incorporated into any contract for construction work, or modification thereof, the Equal Employment Opportunity provisions as follows:

During the performance of this contract, the contractor agrees as follows:

1. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following:

Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.

2. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.

3. The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information.

EXHIBIT B

4.H.4
Attachment: Exhibit B-Federal language (Agreement with Cen-Cal Construction for Langford Ave Sidewalk & Paving Project)

ATTACHMENT B

REQUIRED FEDERAL CONTRACT PROVISIONS

4. The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

5. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

6. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

7. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

8. The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance:

Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States.

The contractor further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, That if the contractor so participating is a State or local government, the above

EXHIBIT B

4.H.4
Attachment: Exhibit B-Federal language (Agreement with Cen-Cal Construction for Langford Ave Sidewalk & Paving Project)

ATTACHMENT B

REQUIRED FEDERAL CONTRACT PROVISIONS
equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract.

The contractor agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance.

The contractor further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the contractor agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the contractor under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such contractor; and refer the case to the Department of Justice for appropriate legal proceedings.

Contractor must include the equal opportunity clause in each of its nonexempt subcontracts, and to require all non-exempt subcontractors to include the equal opportunity clause in each of its nonexempt subcontracts.

EQUAL EMPLOYMENT OPPORTUNITY FOR WORKERS WITH DISABILITIES (48 CFR 52.222-36)
During the performance of this contract, the Contractor must comply with required Equal Employment Opportunity for Workers with Disabilities provisions.

Contractor shall include the following equal opportunity clause in each of its covered Government contracts or subcontracts (and modifications, renewals, or extensions thereof if not included in the original contract):Equal opportunity clause. The Contractor shall abide by

EXHIBIT B

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Attachment: Exhibit B-Federal language (Agreement with Cen-Cal Construction for Langford Ave Sidewalk & Paving Project)

ATTACHMENT B

REQUIRED FEDERAL CONTRACT PROVISIONS
the requirements of the equal opportunity clause at 41 CFR 60-741.5(a), as of March 24, 2014.

This clause prohibits discrimination against qualified individuals on the basis of disability, and requires affirmative action by the Contractor to employ and advance in employment qualified individuals with disabilities.
a. Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order in excess of $15,000 unless exempted by rules, regulations, or orders of the Secretary, so that such provisions will be binding upon each subcontractor or vendor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs of the U.S. Department of Labor, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

EQUAL EMPLOYMENT OPPORTUNITY FOR VEVRAA PROTECTED
VETERANS (41 CFR 60.300)
During the performance of this contract, the Contractor must comply with required Equal Employment Opportunity for VEVRAA Protected Veterans provisions. Contractor shall include the following equal opportunity clause in each of its covered Government contracts or subcontracts (and modifications, renewals, or extensions thereof if not included in the original contract):
a. The definitions set forth in 41 CFR 60-300.2 apply to the terms used throughout this Clause, and they are incorporated herein by reference.
b. The contractor shall not discriminate against any employee or applicant for employment because he or she is a disabled veteran, recently separated veteran, active duty wartime or campaign badge veteran, or Armed Forces service medal veteran (hereinafter collectively referred to as “protected veteran(s)”) in regard to any position for which the employee or applicant for employment is qualified. The contractor agrees to take affirmative action to employ, advance in employment and otherwise treat qualified individuals without discrimination based on their status as a protected veteran in all employment practices, including the following:
i. Recruitment, advertising, and job application procedures. ii. Hiring, upgrading, promotion, award of tenure, demotion, transfer, layoff, termination, right of return from layoff and rehiring.
iii. Rates of pay or any other form of compensation and changes in compensation. iv. Job assignments, job classifications, organizational structures, position descriptions, lines of progression, and seniority lists. v. Leaves of absence, sick leave, or any other leave.

EXHIBIT B

4.H.4
Attachment: Exhibit B-Federal language (Agreement with Cen-Cal Construction for Langford Ave Sidewalk & Paving Project)

ATTACHMENT B

REQUIRED FEDERAL CONTRACT PROVISIONS
vi. Fringe benefits available by virtue of employment, whether or not administered by the contractor.
vii. Selection and financial support for training, including apprenticeship, and onthe-job training under 38 U.S.C. 3687, professional meetings, conferences, and other related activities, and selection for leaves of absence to pursue training. viii. Activities sponsored by the contractor including social or recreational programs.
ix. Any other term, condition, or privilege of employment. c. The contractor shall immediately list all employment openings which exist at the time of the execution of this contract and those which occur during the performance of this contract, including those not generated by this contract and including those occurring at an establishment of the contractor other than the one where the contract is being performed, but excluding those of independently operated corporate affiliates, with the appropriate employment service delivery system where the opening occurs. Listing employment openings with the state workforce agency job bank or with the local employment service delivery system where the opening occurs will satisfy the requirement to list jobs with the appropriate employment service delivery system. In order to satisfy the listing requirement described herein, contractors must provide information about the job vacancy in any manner and format permitted by the appropriate employment service delivery system which will allow that system to provide priority referral of veterans protected by VEVRAA for that job vacancy.

Providing information on employment openings to a privately run job service or exchange will satisfy the contractor's listing obligation if the privately run job service or exchange provides the information to the appropriate employment service delivery system in any manner and format that the employment service delivery system permits which will allow that system to provide priority referral of protected veterans. d. Listing of employment openings with the appropriate employment service delivery system pursuant to this clause shall be made at least concurrently with the use of any other recruitment source or effort and shall involve the normal obligations which attach to the placing of a bona fide job order, including the acceptance of referrals of veterans and nonveterans. The listing of employment openings does not require the hiring of any particular job applicants or from any particular group of job applicants, and nothing herein is intended to relieve the contractor from any requirements in Executive orders or regulations regarding nondiscrimination in employment. e. Whenever a contractor, other than a state or local governmental contractor, becomes contractually bound to the listing provisions in paragraphs 2 and 3 of this clause, it shall advise the employment service delivery system in each state where it has establishments that: (a) It is a Federal contractor, so that the employment service

EXHIBIT B

4.H.4
Attachment: Exhibit B-Federal language (Agreement with Cen-Cal Construction for Langford Ave Sidewalk & Paving Project)

ATTACHMENT B

REQUIRED FEDERAL CONTRACT PROVISIONS
delivery systems are able to identify them as such; and (b) it desires priority referrals from the state of protected veterans for job openings at all locations within the state.

The contractor shall also provide to the employment service delivery system the name and location of each hiring location within the state and the contact information for the contractor official responsible for hiring at each location. The “contractor official” may be a chief hiring official, a Human Resources contact, a senior management contact, or any other manager for the contractor that can verify the information set forth in the job listing and receive priority referrals from employment service delivery systems. In the event that the contractor uses any external job search organizations to assist in its hiring, the contractor shall also provide to the employment service delivery system the contact information for the job search organization(s). The disclosures required by this paragraph shall be made simultaneously with the contractor's first job listing at each employment service delivery system location after the effective date of this final rule.

Should any of the information in the disclosures change since it was last reported to the employment service delivery system location, the contractor shall provide updated information simultaneously with its next job listing. As long as the contractor is contractually bound to these provisions and has so advised the employment service delivery system, there is no need to advise the employment service delivery system of subsequent contracts. The contractor may advise the employment service delivery system when it is no longer bound by this contract clause. f. The provisions of paragraphs 2 and 3 of this clause do not apply to the listing of employment openings which occur and are filled outside of the 50 states, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin Islands, American Samoa, the Commonwealth of the Northern Mariana Islands, Wake Island, and the Trust Territories of the Pacific Islands.
g. As used in this clause:
i. All employment openings includes all positions except executive and senior management, those positions that will be filled from within the contractor's organization, and positions lasting three days or less. This term includes fulltime employment, temporary employment of more than three days' duration, and part-time employment.
ii. Executive and senior management means: (1) Any employee (a) compensated on a salary basis at a rate of not less than $455 per week (or $380 per week, if employed in American Samoa by employers other than the Federal Government), exclusive of board, lodging or other facilities; (b) whose primary duty is management of the enterprise in which the employee is employed or of a customarily recognized department or subdivision thereof; (c) who customarily and regularly directs the work of two or more other employees; and (d) who has the authority to hire or fire other employees or whose suggestions

EXHIBIT B

4.H.4
Attachment: Exhibit B-Federal language (Agreement with Cen-Cal Construction for Langford Ave Sidewalk & Paving Project)

ATTACHMENT B

REQUIRED FEDERAL CONTRACT PROVISIONS
and recommendations as to the hiring, firing, advancement, promotion or any other change of status of other employees are given particular weight; or (2) any employee who owns at least a bona fide 20-percent equity interest in the enterprise in which the employee is employed, regardless of whether the business is a corporate or other type of organization, and who is actively engaged in its management.
iii. Positions that will be filled from within the contractor's organization means employment openings for which no consideration will be given to persons outside the contractor's organization (including any affiliates, subsidiaries, and parent companies) and includes any openings which the contractor proposes to fill from regularly established “recall” lists. The exception does not apply to a particular opening once an employer decides to consider applicants outside of his or her own organization.
h. The contractor shall comply with the rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the Act.
i. In the event of the contractor's noncompliance with the requirements of this clause, actions for noncompliance may be taken in accordance with the rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the Act. j. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices in a form to be prescribed by the Director, Office of Federal Contract Compliance Programs, provided by or through the contracting officer. Such notices shall state the rights of applicants and employees as well as the contractor's obligation under the law to take affirmative action to employ and advance in employment qualified employees and applicants who are protected veterans. The contractor must ensure that applicants or employees who are disabled veterans are provided the notice in a form that is accessible and understandable to the disabled veteran (e.g., providing Braille or large print versions of the notice, posting the notice for visual accessibility to persons in wheelchairs, providing the notice electronically or on computer disc, or other versions). With respect to employees who do not work at a physical location of the contractor, a contractor will satisfy its posting obligations by posting such notices in an electronic format, provided that the contractor provides computers that can access the electronic posting to such employees, or the contractor has actual knowledge that such employees otherwise are able to access the electronically posted notices. Electronic notices for employees must be posted in a conspicuous location and format on the company's intranet or sent by electronic mail to employees. An electronic posting must be used by the contractor to notify job applicants of their rights if the contractor utilizes an electronic application process.

Such electronic applicant notice must be conspicuously stored with, or as part of, the electronic application.

EXHIBIT B

4.H.4
Attachment: Exhibit B-Federal language (Agreement with Cen-Cal Construction for Langford Ave Sidewalk & Paving Project)

ATTACHMENT B

REQUIRED FEDERAL CONTRACT PROVISIONS
k. The contractor will notify each labor organization or representative of workers with which it has a collective bargaining agreement or other contract understanding that the contractor is bound by the terms of VEVRAA, and is committed to take affirmative action to employ and advance in employment, and shall not discriminate against, protected veterans.
l. The contractor will include the provisions of this clause in every subcontract or purchase order of $100,000 or more, unless exempted by the rules, regulations, or orders of the Secretary issued pursuant to VEVRAA so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the Director, Office of Federal Contract Compliance Programs, may direct to enforce such provisions, including action for noncompliance.
m. The contractor must, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to their protected veteran status. n. The Contractor shall forfeit as a penalty to the City who administers the subject Project receiving Federal assistance, Sixty Dollars ($60.00) for each worker, employed for each calendar day, or a portion thereof, such worker is paid less than the said stipulated rates for any work done under this Project, by him/her or by any contractor under him/her.
o. All contractors shall keep, or cause to be kept, an accurate record showing the names of all workers, also the actual per diem wages paid to each of such workers.

FAIR LABOR STANDARDS ACT
Contractor must comply the Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.) as now or hereafter amended, which regulates wage, hour and other employment practices that govern the use of funds provided and the employment of personnel under this contract. The Contractor warrants that it will pay all its workers all monies earned by its workers including, but not limited to regular wages, any overtime compensation, or any additional payments pursuant to the Fair Labor Standards Act, 29 United States Code (U.S.C.) Section 207 9a(1), as amended; Title VII of the Civil Rights Act of 1964, 42 U.S.C. Section 2000, et al., as amended; or any applicable provisions of California Labor Laws and regulations set forth by the California Department of Industrial Relations.

FLOOD DISASTER PROTECTION ACT OF 1973 (24 CFR 570.605)
Contractor must comply with the provisions in 24 CFR 570.605, Section 202(a) of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4106), and the regulations in 44 CFR Parts 59-79.

EXHIBIT B

4.H.4
Attachment: Exhibit B-Federal language (Agreement with Cen-Cal Construction for Langford Ave Sidewalk & Paving Project)

ATTACHMENT B

REQUIRED FEDERAL CONTRACT PROVISIONS

GREEN BUILDING STANDARDS
At a minimum, Contractors must comply with local codes and any applicable national building codes for any work involving rehabilitation or construction, including design. When a contract is funded, in whole or in part, by HUD funding, Contractors must comply with applicable Green Building standards to the maximum extent feasible. Green Building standards may apply to single-family properties, multifamily properties, or both and may include, but are not limited to best practices defined under LEED, Enterprise Green Communities, or NAHB National Green Building Standards and may include specific measures for water conservation, energy efficiency, and indoor air quality. Contractor must comply with the following standards, as applicable:
• 2009 ICC International Energy Conservation Code (IECC) • ASHRAE 90.1-2007, which sets minimum energy standards for buildings except lowrise residential buildings • ASHRAE 62.1-2010 and 62.2-2010, which set minimum standards for ventilation for indoor air quality for common areas in mid- and high-rise buildings, and low-rise residential buildings, respectively.
• New or replacement residential housing, when funded by CDBG-MIT grants, must adhere to Green Building standards, including Energy Star Certified Homes or Energy Star for Multifamily High Rise and other applicable green building requirements. • Moderate residential housing rehabilitation, when funded by CDBG-MIT grants, must comply with the Community Planning & Development (CPD) Retrofit Checklist and provide Energy Star appliances, Water Sense or FEMP products if replaced. • New or replacement residential housing, when funded by CDBG-MIT grants, must adhere to Green Building standards, including Energy Star Certified Homes or Energy Star for Multifamily High Rise and other applicable green building requirements.

HOLD HARMLESS AGREEMENT
Contractor shall indemnify, defend, and hold harmless the Subrecipient from all claims for personal injury, death and/or property damage resulting directly or indirectly from contractor's performance. Contractor shall procure and maintain, with respect to the subject matter of this solicitation, appropriate insurance coverage including, at a minimum, public liability and property damage with adequate limits to cover contractor's liability as may arise directly or indirectly from work performed under terms of this solicitation. Certification of such coverage must be provided to the Subrecipient upon request.

The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non-Federal entity, contractor, or any other party pertaining to any matter resulting from the contract.

EXHIBIT B

4.H.4
Attachment: Exhibit B-Federal language (Agreement with Cen-Cal Construction for Langford Ave Sidewalk & Paving Project)

ATTACHMENT B

REQUIRED FEDERAL CONTRACT PROVISIONS
LEAD-BASED PAINT (24 CFR 570.608)
Contractor must comply with the provisions found in 24 CFR 570.608, the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4821-4846), the Residential Lead Based Paint Hazard Reduction Act of 1992 (U.S.C. 4851-4856, and 24 CFR Part 35, subparts A, B, J, K, and R.

This Article 2(f) is to be included in all subcontracts, for work in connection with this Contract, which relate to residential structures.

NON-COLLUSION (The Sherman Act)
Contractor must comply with the requirements of The Sherman Act, which prohibit collusion.

Collusion occurs when two persons or representatives of an entity or organization make an agreement to deceive or mislead another. Such agreements are usually secretive and involve fraud or gaining an unfair advantage over a third party, competitors, consumers or others with whom they are negotiating. The collusion, therefore, makes the bargaining process inherently unfair. Collusion can involve promises of future benefits, price or wage fixing, kickbacks, or misrepresenting the independence of the relationship between the colluding parties.

The Sherman Act prohibits any agreement among competitors to fix prices, rig bids, or engage in other anticompetitive activity. Collusion, bid rigging, or other anticompetitive activity is considered a felony.

Contractor shall not in any way, directly or indirectly:
a. Collude, conspire, or agree with any other person, firm, corporation, Contractor or potential Contractor to the amount of this Contract or the terms or conditions of this Contract.
b. Pay or agree to pay any other person, firm, corporation Contractor or potential Contractor any money or anything of value in return for assistance in procuring or attempting to procure a contract or in return for establishing the prices in the attached Contract or the Bid of any other Bidder.
c. Assemble in coordination with any other organization in an attempt to fix the price of the work.

Contractors are expected to report any suspected fraud, collusion, or impropriety from the inception of solicitation through the end of the contract term.

NON-SEGREGATED FACILITIES
“Prohibition of Segregated Facilities”
a. Segregated facilities means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees, that are segregated by

EXHIBIT B

4.H.4
Attachment: Exhibit B-Federal language (Agreement with Cen-Cal Construction for Langford Ave Sidewalk & Paving Project)

ATTACHMENT B

REQUIRED FEDERAL CONTRACT PROVISIONS
explicit directive or are in fact segregated on the basis of race, color, religion, sex, sexual orientation, gender identity, or national origin because of written or oral policies or employee custom. The term does not include separate or single-user rest rooms or necessary dressing or sleeping areas provided to assure privacy between the sexes.

Sexual orientation has the meaning given by the Department of Labor's Office of Federal Contract Compliance Programs, and is found at
www.dol.gov/ofccp/LGBT/LGBT_FAQs.html.
b. The Contractor agrees that it does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not and will not permit its employees to perform their services at any location under its control where segregated facilities are maintained. The Contractor agrees that a breach of this clause is a violation of the Equal Opportunity clause in this contract. c. The Contractor shall include this clause in every subcontract and purchase order that is subject to the Equal Opportunity clause of this contract.

PARTICIPATION BY MINORITY & WOMEN-OWNED BUSINESS ENTERPRISES (2 CFR 200.321)
Contractor must comply with the Minority and Women-owned Business Enterprise participation requirements under 2 CFR 200.321. Contractors must take all affirmative steps necessary to subcontract with Minority and Women-owned Business Enterprises (MWBEs) to assure that MWBEs are used when possible. These affirmative steps shall include:

A. Placing qualified small and minority businesses and women’s business enterprises on solicitation lists;
B. Assuring that small and minority businesses, and women’s business enterprises are solicited whenever they are potential sources;
C. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women’s business enterprises;
D. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women’s business enterprises; and
E. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce.

Contractor and subcontractors must facilitate Minority & Women-Owned Business Enterprise participation and take all affirmative steps to utilize MWBEs / HUB firms as subcontractors, subconsultants, or suppliers throughout the life of the Contract.

EXHIBIT B

4.H.4
Attachment: Exhibit B-Federal language (Agreement with Cen-Cal Construction for Langford Ave Sidewalk & Paving Project)

ATTACHMENT B

REQUIRED FEDERAL CONTRACT PROVISIONS

POTENTIAL CONFLICTS OF INTEREST
Pursuant to 2 CFR 200.112, Contractor must comply with conflict of interest disclosure requirements. Contractor shall not use funds to directly or indirectly pay any person for influencing or attempting to influence any public employee or official in connection with the awarding of any contract or the extension, continuation, renewal, amendment or modification of any contract.

Additionally, Pursuant to 24 CFR 570.611, no member, officer, or employee of the Grantee, or its designees or agents, no member of the governing body of the locality in which the program is situated, and no other public official of such locality or localities who exercise or have exercised any functions or responsibilities with respect to CDBG activities assisted under this part, or who are in a position to participate in a decision-making process or gain inside information with regard to such activities, may obtain a financial interest or benefit from a CDBG-assisted activity, or have a financial interest in any contract, subcontract or agreement with respect to a CDBG-assisted activity or its proceeds, either for themselves or those with whom they have business or immediate family ties, during their tenure or for one (1) year.

PROCUREMENT OF RECOVERED MATERIALS (2 CFR 200.322)
Pursuant to 2 CFR 200.322, Contractor must comply with Section 6002 of the Solid Waste Disposal Act, Pub. L. No. 89-272 (1965) (codified as amended by the Resource Conservation and Recovery Act at 42 U.S.C. § 6962). As such, any contractors awarded under this contract opportunity is subject to the requirements of Section 6002, which include procuring only items designated in guidelines of the EPA at 40 C.F.R. Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired by the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS
Contractor must comply with 31 U.S.C. Chapter 38, Administrative Remedies for False Claims and Statements, which shall apply to the activities and actions of the Contractor and its subcontractors pertaining to any matter resulting from the contract.

RESTRICTIONS ON PUBLIC BUILDINGS AND PUBLIC WORKS PROJECTS

CERTIFICATION
a. Definitions. The definitions pertaining to this provision are those that are set forth on the clause entitled “Restrictions on Public Works Projects.” (Set out under “Contract Clauses” below.)
b. Certification. Except as provided in paragraph (C) of this provision, Contractor

EXHIBIT B

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Attachment: Exhibit B-Federal language (Agreement with Cen-Cal Construction for Langford Ave Sidewalk & Paving Project)

ATTACHMENT B

REQUIRED FEDERAL CONTRACT PROVISIONS
certifies that it:
i. Is not a Contractor of a foreign country included on the list of countries that discriminate against U.S. firms published by the Office of the United States Trade Representative (USTR) (see paragraph (H) of this provision); ii. Has not or will not enter into any subcontract with a subcontractor of a foreign country included on the list of countries that discriminate against U.S. firms published by the USTR, and
iii. Will not provide any product of a country included on the list of foreign countries that discriminate against the U.S. firms published by the USTR. c. Inability to certify. A Contractor unable to certify in accordance with paragraph (b) of this provision shall submit with its offer a written explanation fully describing the reasons for its inability to make the certification. d. Applicability of 18 U.S.C. 1001. This certification is paragraph (B) of this provision concerns a matter within the jurisdiction of an agency of the United States, and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title 18 U.S.C. 1001. e. Notice. Contractor shall provide written notice to the Contracting Officer if, at any time before the contract award, Contractor learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. f. Restrictions on contract award. Unless a waiver to these restrictions is granted by the Secretary of Housing and Urban Development, no contract will be awarded to a Contractor (1) who is owned or controlled by a citizen or national of a foreign country included on the list of foreign countries that discriminate against U.S. firms published by the USTR, (2) whose subcontractors are owned or controlled by citizens or national of a foreign country on the USTR list or, (3) who incorporates any product of a foreign country on the USTR list in the public works project. g. USTR List. The USTR published an initial list in the Federal Register on December 30, 1987 (53 FR 49244), which identified one country-Japan. The USTR can add countries to the list, and remove countries from it, in accordance with section 109 (C) of PUB. L. 100-202.

RESTRICTIONS ON PUBLIC BUILDINGS AND PUBLIC WORKS PROJECTS a. Definitions. “Component”, as used in this clause, means those articles, materials, and supplies incorporated directly into the product. “Contractor or subcontractor of a foreign country,” as used in this clause, means any Contractor or subcontractor that is a citizen or national of a foreign country or is controlled directly or indirectly by citizens or nationals of a foreign country. A contractor or subcontractor shall be considered to be a citizen or national of a foreign country, or controlled directly or indirectly by citizens or nationals of a foreign country:
i. If 50 percent or more of the Contractor or subcontractor is owned by a citizen or a national of the foreign country;
ii. If the title to 50 percent of more of the stock of the Contractor or

EXHIBIT B

4.H.4
Attachment: Exhibit B-Federal language (Agreement with Cen-Cal Construction for Langford Ave Sidewalk & Paving Project)

ATTACHMENT B

REQUIRED FEDERAL CONTRACT PROVISIONS
subcontractor is held subject to trust or fiduciary obligation in favor of citizens or nationals of the foreign country.
iii. If 50 percent or more of the voting power in the Contractor or subcontractor is vested in or exercisable on behalf of a citizen or national of the foreign country;
iv. In the case of a partnership, if any general partner is a citizen of the foreign country;
v. In the case of a corporation. If its presidents or other chief executive officer or the chairman of its board of directors is a citizen of the foreign country or the majority of any number of its directors necessary to constitute a quorum are citizens of the foreign country or the corporation is organized under the laws of the foreign country or any subdivision, territory, or possession thereof; or
vi. In case of a contractor or subcontractor who is a joint venture, if any participant firm is a citizen or national of a foreign country or meets any of the criteria in subparagraphs (A) 1 through 5 of this clause. “Product”, as used in this clause, means construction materials, i.e. articles, materials and supplies brought to the construction site for incorporation into the public works project, including permanently affixed equipment, instruments, utilities, electronic or other devices, but not including vehicles or construction equipment. In determining the origin of a product, the Subrecipient will consider a product as produce in a foreign country if it has been assembled or manufactured in the foreign country, or if the cost of the components mined, produced, or manufactured in the foreign country exceed 50 percent of the cost of all its components.
b. Restrictions. The Contractor shall not (1) knowingly enter into any subcontract under this contract with a subcontractor of a foreign country included on the list of countries that discriminate against U.S. firms published by the United States Trade Representative (see paragraph (C) of this clause, or (2) supply any product under this contract of a country included on the list of foreign countries that discriminate against U.S. firms published by the USTR.
c. USTR List. The USTR published an initial list in the Federal Register on December 30, 1987 (53 FR 49244), which identified one country-Japan. The USTR can add other countries to the list, or remove countries from it, in accordance with section 109 (C) of PUB. L. 100-102.
d. Certification. The Contractor may rely upon the certification of a prospective subcontractor that it is not a subcontractor of a foreign country included on the list of countries that discriminate against U.S. firms published by the USTR and that products supplied by such subcontractor for use on the Federal public works project under this contract are not products of a foreign country included on the list of

EXHIBIT B

4.H.4
Attachment: Exhibit B-Federal language (Agreement with Cen-Cal Construction for Langford Ave Sidewalk & Paving Project)

ATTACHMENT B

REQUIRED FEDERAL CONTRACT PROVISIONS
foreign countries that discriminate against U.S. firms published by the USTR, unless such Contractor has knowledge that the certification is erroneous. e. Subcontractors. The Contractor shall incorporate this clause, modified only for the purpose of properly identifying the parties, in all subcontracts. This paragraph (E) shall also be incorporated in all subcontracts.

RIGHTS TO INVENTIONS (2 CFR Appendix II to Part 200 (F)) Any discovery or invention that arises during the course of the contract shall be reported to the Subrecipient. This clause requires the Contractor to disclose promptly inventions to the City (within 2 months) after the inventor discloses it in writing to Contractor personnel responsible for patent matters. The awarding agency shall determine how rights in the invention/discovery shall be allocated consistent with "Government Patent Policy" and Title 37 C.F.R. § 401.

If the Federal award meets the definition of “funding agreement” under 37 C.F.R. §.401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of Title 37 C.F.R. § 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency.

SECTION 109 OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974 (24 CFR 570.602)
Section 109 of the Act requires that no person in the United States shall on the grounds of race, color, national origin, religion, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance made available pursuant to the Act. Section 109 also directs that the prohibitions against discrimination on the basis of age under the Age Discrimination Act and the prohibitions against discrimination on the basis of disability under Section 504 shall apply to programs or activities receiving Federal financial assistance under Title I programs. The policies and procedures necessary to ensure enforcement of section 109 are codified in 24 CFR part 6.

SECTION 3 ACT OF 1968 (12 U.S.C. 1701u and 24 CFR Part 135) For any HUD-funded contract with a value in excess of $100,000, Contractor and subcontractors must comply with the Section 3 Act of 1968. The purpose of Section 3 is to

EXHIBIT B

4.H.4
Attachment: Exhibit B-Federal language (Agreement with Cen-Cal Construction for Langford Ave Sidewalk & Paving Project)

ATTACHMENT B

REQUIRED FEDERAL CONTRACT PROVISIONS
ensure that employment and other economic opportunities generated by certain HUD financial assistance shall, to the greatest extent feasible, and consistent with existing Federal, State and local laws and regulations, be directed to low- and very low income persons, particularly those who are recipients of government assistance for housing, and to business concerns which provide economic opportunities to low- and very low-income persons. Section 3 is triggered when the normal completion of construction and rehabilitation projects creates the need for new employment, contracting, or training opportunities.

For any Section 3 Covered Contracts, Contractor and subcontractors must comply with all provisions of the Section 3 Act of 1968, contained under 24 CFR 135. Contractor and subcontractors must include the Section 3 Clause in its entirety, in every subcontract subject to compliance with regulations in 24 CFR 135.

Contractor and subcontractors must assure that to the greatest extent feasible, contracts for work to be performed in connection with the project are awarded to Section 3 Business Concerns. Contractor and subcontractors must post all new hire opportunities in accordance with 24 CFR 135.

TERMINATION FOR CAUSE & CONVENIENCE (2 CFR Appendix II to Part 200 (A) and (B))
Pursuant to 2 CFR Appendix II to Part 200 (A), Contracts for more than the simplified acquisition threshold currently set at $150,000, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, shall address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate.

Pursuant to 2 CFR Appendix II to Part 200 (B), all contracts in excess of $10,000 shall address termination for cause and for convenience by the non-Federal entity including the manner by which it will be effected and the basis for settlement. The Subrecipient shall have the right to terminate this contract for cause and convenience.

In the event of a failure by Contractor to satisfactorily perform the services specified herein and/or a default by Contractor in abiding by the other terms and conditions of this Contract, the Subrecipient may terminate the Contract on written notice to Contractor and Contractor shall be liable for all damages, costs, and expenses (including attorney fees) incurred by City related to this default. Such termination is in addition to and not in lieu of any other remedies that the Subrecipient may have in law or equity. Administrative remedies for non-performance, violation or breach of contract terms, or termination of contract for default may include suspension and debarment. The Subrecipient may assess liquidated damages for failure to meet completion deadlines, contract breaches, or performance failures of the Contractor or its Subcontractors.

EXHIBIT B

4.H.4
Attachment: Exhibit B-Federal language (Agreement with Cen-Cal Construction for Langford Ave Sidewalk & Paving Project)

ATTACHMENT B

REQUIRED FEDERAL CONTRACT PROVISIONS
Contractor shall be provided the opportunity to cure certain performance failures or instances of default as described in the contract documents. The legal dispute resolution process shall be as prescribed in the contract documents, and as required under applicable California and or Federal Law.

WHISTLEBLOWER PROTECTION ACT
Contractor, subcontractors, and employees working on this Project shall be subject 41 U.S.

Code § 4712, which requires that an employee of a contractor, subcontractor, grantee, or subgrantee or personal services contractor may not be discharged, demoted, or otherwise discriminated against as a reprisal for disclosing information that the employee reasonably believes is evidence of gross mismanagement of a Federal contract or grant, a gross waste of Federal funds, an abuse of authority relating to a Federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a Federal contract (including the competition for or negotiation of a contract) or grant.

The Contractor shall inform its employees and subcontractors in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 41 U.S.C. 4712, as described in section 3.908 of the Federal Acquisition Regulation. The Contractor shall insert the substance of this clause, including this paragraph, in all subcontracts providing services for this Project.

GRANTEE REPORTING
Grantee, sub-recipients, consultants, contractors and their sub-contractors shall be subject to requirements as established by 24 CFR 85.36 and 24 CFR 570.502. Said statutes include requirements for regular reporting to the granting agency, patent rights related to discovery or inventions during the project, copyrights and rights in data, and making all files associated with the project to be made available to the granting agency and other authorities having jurisdiction.

EXHIBIT B

4.H.4
Attachment: Exhibit B-Federal language (Agreement with Cen-Cal Construction for Langford Ave Sidewalk & Paving Project) Federal Labor Standards Provisions U.S. Department of Housing and Urban Development
Office of Labor Relations
Previous editions are obsolete Page 1 of 5
form HUD-4010 (06/2009)
ref. Handbook 1344.1
Applicability
The Project or Program to which the construction work
covered by this contract pertains is being assisted by the United States of America and the following Federal Labor Standards Provisions are included in this Contract
pursuant to the provisions applicable to such Federal
assistance.

A. 1. (i) Minimum Wages. All laborers and mechanics
employed or working upon the site of the work, will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account
(except such payroll deductions as are permitted by
regulations issued by the Secretary of Labor under the
Copeland Act (29 CFR Part 3), the full amount of wages
and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than
those contained in the wage determination of the
Secretary of Labor which is attached hereto and made a
part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or
costs reasonably anticipated for bona fide fringe benefits under Section l(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR

5.5(a)(1)(iv); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which
cover the particular weekly period, are deemed to be
constructively made or incurred during such weekly period.

Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4).

Laborers or mechanics performing work in more than one
classification may be compensated at the rate specified for each classification for the time actually worked therein:

Provided, That the employer’s payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under 29 CFR 5.5(a)(1)(ii) and the Davis-Bacon poster (WH1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible, place where it can be easily seen by the
workers.
(ii) (a) Any class of laborers or mechanics which is not listed in the wage determination and which is to be
employed under the contract shall be classified in
conformance with the wage determination. HUD shall
approve an additional classification and wage rate and
fringe benefits therefor only when the following criteria have been met:
(1) The work to be performed by the classification
requested is not performed by a classification in the wage determination; and
(2) The classification is utilized in the area by the
construction industry; and
(3) The proposed wage rate, including any bona fide
fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.
(b) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their
representatives, and HUD or its designee agree on the
classification and wage rate (including the amount
designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or its designee to the Administrator of the Wage and Hour Division,
Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized representative, will approve, modify, or
disapprove every additional classification action within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215-
0140.)
(c) In the event the contractor, the laborers or mechanics to be employed in the classification or their
representatives, and HUD or its designee do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), HUD or its designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or its designee, to the Administrator for
determination. The Administrator, or an authorized
representative, will issue a determination within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that
additional time is necessary. (Approved by the Office of Management and Budget under OMB Control Number
1215-0140.)
(d) The wage rate (including fringe benefits where
appropriate) determined pursuant to subparagraphs
(1)(ii)(b) or (c) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification.
(iii) Whenever the minimum wage rate prescribed in the
contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof.
(iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part

EXHIBIT B

4.H.4
Attachment: Exhibit B-Federal language (Agreement with Cen-Cal Construction for Langford Ave Sidewalk & Paving Project) Previous editions are obsolete

Page 2 of 5 ends

Arvin City CouncilMay 24, 2022

Arvin City Council
May 24, 2022