Agenda, regular meeting, second session — Arvin City Council, October 28, 2025

REGULAR MEETING AGENDA
OF THE

ARVIN CITY COUNCIL / SUCCESSOR AGENCY TO THE

ARVIN COMMUNITY REDEVELOPMENT AGENCY / ARVIN HOUSING

AUTHORITY / ARVIN PUBLIC FINANCING AUTHORITY
TUESDAY OCTOBER 28, 2025 6:00p.m.

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

PLEDGE OF ALLEGIANCE

INVOCATION
*******************************************
ROLL CALL Olivia Calderón Mayor
Susana Reyes Mayor Pro Tem
Donny Horton Councilmember
Jaime Perez Councilmember
Tim Tarver Councilmember
******************************************
STAFF Jeff Jones City Manager / Finance Director
Stephanie Gutierrez City Attorney – Burke, Williams & Sorensen, LLP 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. Such comments shall be made in person and before the City during the meeting as prescribed below. There is a time limitation of two (2) minutes per person. However, the City shall allow a speaker using a translator four (4) minutes to ensure that non-English speakers receive the same opportunity to directly address the City. Sixteen Minutes (16) total (plus additional time based on use of a translator, if any) will be allowed for any one subject. For any item that is not on the agenda and within the jurisdiction or interest of the City, please come to the podium at this time. The Brown Act does not permit any action or discussion on items not listed on the agenda. If you wish to speak regarding a scheduled agenda item, please come to the podium when the item number and subject matter are announced, and the Mayor or Chair opens Public Comment on the item. When recognized, please begin by providing your name and address for the record (optional). Anyone wishing to submit written information at the meeting needs to furnish ten (10) copies to the City Clerk in advance to allow for distribution to City Council, staff and the media. Willful disruption of the meeting shall not be permitted. If the Mayor finds that there is in fact willful disruption of any City Council Meeting, he/she may order the disrupting parties out of the room and subsequently conduct the City’s business without them present.

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

AGENDA STAFF REPORTS AND HANDOUTS:

Staff reports and other disclosable public records related to open session agenda items 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 – October 28, 2025

Page 1 of 3 ends

1. APPROVAL OF AGENDA AS TO FORM.

Motion __________ Second __________ Vote __________
Roll Call: CM Tarver ____ CM Perez ____ CM Horton ____ MPT Reyes ____ Mayor Calderón _____

2. CLOSED SESSION ITEMS
A. THREAT TO PUBLIC SERVICES OR FACILITIES (Government Code §54957(a).)
Consultation with: City Manager and/or City Attorney. (one item) B. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code Section 54956.9(b): one case
C. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government Code §54957(b).)
Title: City Manager/Finance Director
D. CONFERENCE WITH LEGAL COUNSEL: LIABILITY CLAIMS (Government Code §54956.95)
Claimant: Sandra Moreno - AIMs File No. FR103399
Against: City of Arvin
PUBLIC COMMENTS ITEM 3 WILL COMMENCE NO EARLIER THAN 7:00PM.

3. 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.)

4. PRESENTATION(S)
A. Job Skills Training Information – 21st Century Energy Center Endee Grijalva, Program Director – Workforce & Talent Development Kern Community College District

5. CONSENT AGENDA ITEMS
A. Approval of Demand Register(s) of October 11, 2025 – October 24, 2025.

B. Approval of Payroll Register(s) of October 10, 2025.

C. Approval of Minutes of the Regular Arvin City Council Meeting(s) of October 14, 2025.

Arvin City Council Meeting Agenda – October 28, 2025

Page 2 of 3 ends

D. Approval of A Resolution of the City Council of the City of Arvin to Approve A Professional Services Agreement with Diversified Project Services International, Inc. for Construction Management Services for the Haven Drive Sewer Improvement and Road Rehabilitation Project.

E. Approval of the First Amendment to Agreement No. G244014-A1 Between the City of Arvin and the San Joaquin Valley Unified Air Pollution Control District for AB617 Road Improvements and Bike Lane Installation Project(s) and Authorize the City Manager to Execute Said Agreement.

F. Approval of A Resolution of the City Council of the City of Arvin Authorizing the City Manager to Apply for Mills-Alquist-Deddeh (TDA) Act Funds.

G. Approval of A Proclamation Recognizing Adult Education & Family Literacy Week September 14 - 20, 2025, and Annually Thereafter.

H. Approval of A Proclamation proclaiming October 2025 as Domestic Violence Awareness Month.

I. Approval of A Proclamation proclaiming October 2025 as National Breast Cancer Awareness Month.

Staff recommends approval of the consent agenda.

Motion __________ Second __________ Vote __________
Roll Call: CM Tarver ____ CM Perez ____ CM Horton ____ MPT Reyes ____ Mayor Calderón _____

6. ACTION ITEM(S)
A. Consideration and Approval of Formal Request for Restitution in Connection with the People v. NUNLEY case of the Kern County Superior Court and Kern County Assistant District Attorney’s Office.

Staff recommends to authorize the Mayor to sign a formal request for restitution in connection with the People v. NUNLEY case and direct the City Attorney to submit the request to the Kern County Superior Court and Kern County Assistant District Attorney’s Office.

Motion __________ Second __________ Vote __________
Roll Call: CM Tarver ____ CM Perez ____ CM Horton ____ MPT Reyes ____ Mayor Calderón _____

7. DISCUSSION ITEM(S)
A. Consideration of Planning Commission Structure and Potential Dissolution.

Arvin City Council Meeting Agenda – October 28, 2025

Page 3 of 3 ends

8. COUNCIL MEMBER COMMENTS

9. 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 October 24, 2025.

Cecilia Vela, City Clerk

ARVIN EDUCATIONAL CENTER
Dr. Stacy Pfluger
Interim President

WELCOME
Isabel Castaneda
Program Manager, AEC

UPDATES &

ACTIVITIES
Noche De Familia Event for students and community at
Arvin Educational Center on October 2
Native American Heritage Month Kickoff
November 3, from 4-5PM
Open Mic at the BC Arvin Educational Center
October 29 and November 19, 9:30-10:30AM & 4-5PM
Around the World Literacy Night for National Adult Education and Family Literacy at the Dr. James Clark Young Library on September 15 Upcoming Events
Recent Event Recap

SERVICES IN
ARVIN
BC Launchpad
• Onsite financial coaching services
• Open to students and community
21st Century Energy Center
• Renewable Energy Series
• November 1 through December 19
Renegade Nexus Pantry
Registration assistance

COURSES &

PROGRAMS
8 EMLS courses in the spring to meet
the demand for English language
learning in the community
Office Technology courses available in
spring to meet the needs of students
seeking to build technology literacy and
computer skills
Hospitality program is in full swing and
continues to grow

CONTACT

INFORMATION
Isabel Castaneda
Program Manager
Arvin Educational Center
1001 Varsity Rd. Arvin, CA 93203
(661) 541-1700
[email protected]
Stacy Pfluger
Interim President
Bakersfield College
1801 Panorama Dr. Bakersfield, CA 93305
(661) 395-4211
[email protected]

ARVIN EDUCATIONAL CENTER

4.A.1
Attachment: KCCD Presentation_102825 (Job Skills Training Information – 21st Century Energy Center)

4.A.1
Attachment: KCCD Presentation_102825 (Job Skills Training Information – 21st Century Energy Center) Nov 1 - Dec 19, 2025
Renewable Energy Series
Training Includes:

Intro to Clean Energy & Careers
Electrical knowledge foundations
Electrical Safety NFPA70e
NCCER Site Safety
OSHA 10 Certification
Learn employability & personal
finance
Pre-apprenticeship opportunity
Limited number of scholarship
awards available
Class will be held every Saturday
from 8am - 5pm
Our Phone
+661-336-5058
Our Email
Free and
open for
all 18+
[email protected]
nnooww aatt BBCC AArrvviinn!!
Pre-Requisites

4.A.1
Attachment: KCCD Presentation_102825 (Job Skills Training Information – 21st Century Energy Center) 1 de noviembre - 19 de diciembre de 2025
Serie de energías renovable
La capacitación abarca:

Introducción a energía limpia y las
carreras de limpia energía
Fundamentos de la electricidad
Seguridad eléctrica según la NFPA70e
Seguridad en el sitio de NCCER
Certificación de OSHA 10
Aprende sobre empleabilidad y finanzas
personales.

Oportunidad de preaprendizaje.

Número limitado de becas disponibles
Soporte bilingüe disponible
La clase se llevará a cabo todos los
sábados de 8 de la mañana a 5 de la tarde.

Nuestro teléfono
+661-336-5058
Nuestro correo electrónico
Gratis y
accesible para
todos los
mayores de 18
años.
[email protected]
¡¡YYaa eessttáá eenn BBCC AArrvviinn!!
Prerrequisitos

4.A.1
Attachment: KCCD Presentation_102825 (Job Skills Training Information – 21st Century Energy Center) Instructors: Eric Dhanens Fred Wilbur Bernard Anthony Erik Renteria Renewable Energy Series PreRequisites Course (11/1/25 - 12/19/25) Arvin Campus, room 106 Dave Eagle Betsy & Endee Chris Anthony John Anthony Orientation: Tues/ Thurs 10/28, 10/30 11a-12:30p conference room Job Developer 1:1's Saturday November 15th 1p-5p
CASAS Pre-Testing
CASAS Post-Testing
Week 1 Week 2 Week 3 Week 4 Week 5
Saturday November 1, 2025 Saturday November 8, 2025 Saturday November 15, 2025 Saturday November 22, 2025 Saturday November 29, 2025 8:00a-12:00p Intro to Clean Energy & Careers (4
hours) 8:00a-12:00p Personal Finance (4 hours) 8:00a-12:00p Electrical Knowledge 1 Foundations (4 hours) 8:00a-12:00p Electrical Knowledge 2 Foundations (4 hours) 8:00a-12:00p Electrical Knowledge 4 & Digging (4 hours) 12:00p-12:30p Break (1 hour) 12:00p-1:00p Break (1 hour) 12:00p-1:00p Break (1 hour) 12:00p-1:00p Break (1 hour) 12:00p-1:00p Break (1 hour) 12:30p-4:30p NCCER Electrical Safety (4
hours) 1:00p-5:00p
Electrical Safety NFPA70e Review
(4 hours) 1:00p-5:00p
Resume Building (4 hours)
1:00p-5:00p
Electrical Knowledge 3 &
Digging (4 hours) 1:00p-5:00p
Electrical Knowledge 5
& Digging (4 hours)
Week 6 Week 7 Week 8 Week 9
Saturday December 6, 2025 Friday December 12, 2025 Saturday December 13, 2025 Friday December 19, 2025 8:00a-12:00p Electrical Knowledge 6
(4 hours) 8:00a-12:00p Basic Safety (OSHA 10 Westec 4 hours) Digging (4
hours) 8:00a-12:00p Basic Safety (OSHA 10 Westec 4 hours) 12:00p-1:00p Break (1 hour) 12:00p-12:30p Break (.5 hour) Graduation 12:00p-12:30p Break (.5 hour) 1:00p-5:00p
Electrical Knowledge 6 (4
hours) 12:30p-1:00p Basic Safety (OSHA 10 Westec 4 hours) Break (1 hour) 12:30p-3:35p Basic Safety (OSHA 10 Westec 3.08 hour) 1:00p-5:00p NCCER Site Safety (1 hour) Mock Interviews (4 hours) 3:35p-4:35p NCCER Site Safety (2 hours) 4:35p-5:35p NCCER Testing (Safety) -Tablets

4.A.1
Attachment: KCCD Presentation_102825 (Job Skills Training Information – 21st Century Energy Center) 10/16/2025 10:58:23 AM Page 1 of 10
Payment Register
City of Arvin APPKT01103 - FOR AP 10/15/2025
01 - Vendor Set 01
Bank: Main Pool Ck - Main Checking - BOA
1282
Vendor Number

ADAM CALDERON
Total Vendor Amount
410.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 10/16/2025 410.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount ICI GANG INVESTIGATION TRAININGCI GANG INVESTIGATION TRAINING 10/05/2025 10/05/2025 0.00 410.00 1150
Vendor Number
AT&T
Total Vendor Amount
873.44
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 10/16/2025 873.44
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 000024069065 9391033189 SERVICE 08.13.25-09.12.25 09/13/2025 09/13/2025 0.00 374.53 000024070827 9391056024 SERVICE 08.13.25-09.12.25 09/13/2025 09/13/2025 0.00 498.91 1015
Vendor Number

AT&T MOBILITY
Total Vendor Amount
422.36
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 10/16/2025 422.36
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 287251442687X09282025 PW + COMM DEV + CH CELL PHONES 08.23.25-09.22.25 09/22/2025 09/22/2025 0.00 422.36 1288
Vendor Number

BAKERSFIELD PAINT AND WALLPAPER
Total Vendor Amount
561.76
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 10/16/2025 561.76
Payable Number Description Payable Date Due Date Discount Amount Payable Amount NVLDG MATERIAL FOR GRAFFITI 09/12/2025 09/12/2025 0.00 561.76 1670
Vendor Number

BLUETRITON BRANDS INC
Total Vendor Amount
354.02
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 10/16/2025 354.02
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 05I6707940541 WATER DELIVERY 08.27.25-09.26.25 09/30/2025 09/30/2025 0.00 354.02 1766
Vendor Number

CALIFORNIA TURF EQUIPMENT & SUPPLY INC
Total Vendor Amount
3,262.62
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 10/16/2025 3,262.62
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 690271 MOWER MISSING/ BROKEN ANTI SCALP WHEELS 09/11/2025 09/11/2025 0.00 1,735.61 690272 MOWER FULL SERVICES AND FUEL GAUGE REPAIR 09/11/2025 09/11/2025 0.00 1,527.01 1614
Vendor Number
CAROLLO ENGINEERS INC.

Total Vendor Amount
8,111.25
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 10/16/2025 8,111.25
Payable Number Description Payable Date Due Date Discount Amount Payable Amount FB71761 PROF. SERVICES THROUGH AUGUST 2025 09/11/2025 09/11/2025 0.00 8,111.25

COMPLETE HARDWARE STORE AND MORE
Total Vendor Amount

55.16 Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 10/16/2025 55.16
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 592675 PINE SOL 80 OZ. 08/11/2025 08/11/2025 0.00 43.28 595635 RAIN BIRD BT50 09/09/2025 09/09/2025 0.00 6.48
7093 ADOBE COMPLEX MAIN OFFICE WINDOW LOCK 09/15/2025 09/15/2025 0.00 5.40 1052
Vendor Number

CSJVRMA
Total Vendor Amount
211,194.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 10/16/2025 211,194.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV0353 2ND QUARTER INVOICE 09/15/2025 09/15/2025 0.00 211,194.00 1193
Vendor Number

DIAMOND TECHNOLOGIES INC
Total Vendor Amount
10,231.44
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 10/16/2025 10,231.44
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 38754MS AGREEMENT ANNUAL MICROSOFT 365 OCTOBER 2025 10/01/2025 10/01/2025 0.00 874.30 38755 SECURECENTRIC + FIREWALL OCTOBER 2025 10/01/2025 10/01/2025 0.00 7,984.34 38756MS AGREEMENT MONTHLY O365- PD 10/01/2025 10/01/2025 0.00 1,372.80 1849
Vendor Number
FLEET EFORCE INC.

Total Vendor Amount
816.57
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 10/16/2025 816.57
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 1433 205 EV LIGHT REGEN LAMP AMBER 07/01/2025 07/01/2025 0.00 457.85 1654 207-EV SHUNT PLUG MSD 09/22/2025 09/22/2025 0.00 358.72 1063
Vendor Number

FORD MOTOR CREDIT COMPANY LLC
Total Vendor Amount
24,871.78
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 10/16/2025 24,871.78
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 1781659 2022 FORD MUSTANG MACHE 09/23/2025 09/23/2025 0.00 14,692.59 1781660 2022 FORD ESCAPE 09/23/2025 09/23/2025 0.00 10,179.19 1315
Vendor Number

GENFARE
Total Vendor Amount
342.26
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 10/16/2025 342.26
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 90212741 VALIDATOR 09/16/2025 09/16/2025 0.00 342.26
1830
Vendor Number

GLORIA HUGHES
Total Vendor Amount
991.60
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 10/16/2025 991.60
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 9092025 INTERPRETING SERVICES 09/09/25 09/09/2025 09/09/2025 0.00 483.30 9232025 INTERPRETING SERVICES 09.23.25 09/23/2025 09/23/2025 0.00 508.30

GRACIELA SEGURA
Total Vendor Amount
430.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 10/16/2025 430.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount REIMBURSEMENT FOR VET'S HALL REIMBURSEMENT FOR VET'S HALL 10/01/2025 10/01/2025 0.00 430.00 1372
Vendor Number

GREGS PETROLEUM SERVICE INC
Total Vendor Amount

30.56 Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 10/16/2025 30.56
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 397940 PW FUEL DELIVERY 09/03/2025 09/03/2025 0.00 30.56 1081
Vendor Number

HABERFELDE FORD
Total Vendor Amount
9,312.84
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 10/16/2025 9,312.84
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 1623399 PD FAN 07/14/2025 07/14/2025 0.00 258.74
1624364 PD SOR TOOL R 07/22/2025 07/22/2025 0.00 119.53 1625373 PD SEALING 07/30/2025 07/30/2025 0.00 7.86
1629232 526 TUBE A 09/02/2025 09/02/2025 0.00 269.35
1630341 PD 283 GASKET 09/09/2025 09/09/2025 0.00 1,190.45 1630793 UNIT 203 TUBE 362A 09/12/2025 09/12/2025 0.00 328.05 1631031 PD 283 EXHAUST 09/16/2025 09/16/2025 0.00 1,289.65 1631478 PD 299 TUBE A 09/23/2025 09/23/2025 0.00 2,057.94 1632165 PD 401 SPO LATCH 09/29/2025 09/29/2025 0.00 455.83 281652 PD 276 PUMP ASY- WATER 09/24/2025 09/24/2025 0.00 3,606.07 CM1631031 PD 283 CORE RETURN 09/18/2025 09/18/2025 0.00 -270.63 1902
Vendor Number
I-N-C. INC.

Total Vendor Amount
5,680.15
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 10/16/2025 5,680.15
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 20250504 PROF SERVICES 09.15.25-09.30.25 10/04/2025 10/04/2025 0.00 5,680.15 1900
Vendor Number

JAY R BEES AUTO DETAILING LLC
Total Vendor Amount
1,720.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 10/16/2025 1,720.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 10/1/2025 - PD 10/1/2025 - PD 10/01/2025 10/01/2025 0.00 765.00 10/10/2025 - TRANSIT 10/10/2025 - TRANSIT 10/10/2025 10/10/2025 0.00 360.00 10/2/2025 - PD 10/2/2025 - PD 10/02/2025 10/02/2025 0.00 95.00 10/3/2025 - TRANSIT 10/3/2025 - TRANSIT 10/03/2025 10/03/2025 0.00 60.00 10/8/2025 - PD 10/8/2025 - PD 10/08/2025 10/08/2025 0.00 440.00 1246
Vendor Number

JIMS TOWING SERVICES INC
Total Vendor Amount
360.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 10/16/2025 360.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 54367 ANIMAL CONTROL TOWING 09/19/2025 09/19/2025 0.00 360.00

JOSE GARCIA JR
Total Vendor Amount
300.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 10/16/2025 300.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 2025-13 MANEUVER & INSPECTION TRAINING 09/20/2025 09/20/2025 0.00 300.00 1922
Vendor Number

JOSE MARTINEZ
Total Vendor Amount

52.22 Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 10/16/2025 52.22
Payable Number Description Payable Date Due Date Discount Amount Payable Amount BUILDING INSPECTION - FUEL BUILDING INSPECTION - FUEL 09/30/2025 09/30/2025 0.00 52.22 1087
Vendor Number

KERN ECONOMIC DEVELOPMENT
Total Vendor Amount
10,000.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 10/16/2025 10,000.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 10228 PUBLIC ANNUAL MEMBERSHIP OCT 2025 - SEPT. 2026 10/01/2025 10/01/2025 0.00 10,000.00 1164
Vendor Number

KERN MACHINERY
Total Vendor Amount
154.12
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 10/16/2025 154.12
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 101-1275361 1 GALLON HIGH PERFORMANCE OIL 09/09/2025 09/09/2025 0.00 154.12 1097
Vendor Number

LIEBERT CASSIDY WHITMORE
Total Vendor Amount
145.50
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 10/16/2025 145.50
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 302987 AR100-00001 07/31/2025 07/31/2025 0.00 145.50
1168
Vendor Number
LOWES
Total Vendor Amount
828.90
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 10/16/2025 828.90
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 129943755 1G INFINITY SEMI UW BASE 09/10/2025 09/10/2025 0.00 229.17 345787979 LOWES 5 GAL COOLER 09/09/2025 09/09/2025 0.00 92.49 397522509 HVAC FILTERS FOR APD AND VET'S HALL 09/10/2025 09/10/2025 0.00 333.09 967005793 SCTCH BLUE PAINTERS TAPE, TRIM ROLL 09/04/2025 09/04/2025 0.00 174.15 1834
Vendor Number

MARANATHA KERN RIVER POWER
Total Vendor Amount
975.58
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 10/16/2025 975.58
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 177297 SPPED FEED 400 W/ ADAPTORS 09/09/2025 09/09/2025 0.00 857.08 177495 GPI MISC LABOR 09/18/2025 09/18/2025 0.00 118.50 1102
Vendor Number

MOUNTAINSIDE DISPOSAL
Total Vendor Amount
559,510.16
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 10/16/2025 2,763.02
Payable Number Description Payable Date Due Date Discount Amount Payable Amount N4855312630 BIN RENT AND 4 YD ROLL OFF OCTOBER 2025 10/01/2025 10/01/2025 0.00 804.34 N4855314847 BIN RENT AND 4 YD ROLL OFF SEPTEMBER 2025 09/30/2025 09/30/2025 0.00 1,958.68

5.A.1
Attachment: Demand Register(s) of October 11, 2025 - October 24, 2025 (Demand Register(s) of October 11, 2025 - October 24, 2025.) Payment Register APPKT01103 - FOR AP 10/15/2025
10/16/2025 10:58:23 AM Page 5 of 10
Check 10/16/2025 556,747.14
Payable Number Description Payable Date Due Date Discount Amount Payable Amount PASS THROUGH 02.01.25-06.30.25 PASS THROUGH 02.01.25-06.30.25 10/10/2025 10/10/2025 0.00 556,747.14 1615
Vendor Number

NVA STIERN VETERINARY MANAGEMENT
Total Vendor Amount
109.50
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 10/16/2025 109.50
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 359719 WELLNESS EXAM FOR DAGO 09/10/2025 09/10/2025 0.00 109.50 1898
Vendor Number
OFFICIA IMAGING, INC.

Total Vendor Amount
486.97
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 10/16/2025 486.97
Payable Number Description Payable Date Due Date Discount Amount Payable Amount AR1324472 METER READING APD & COMM SEPTEMBER 2025 10/01/2025 10/01/2025 0.00 486.97 1184
Vendor Number

OREILLY AUTOMOTIVE INC
Total Vendor Amount
1,763.15
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 10/16/2025 1,763.15
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 4451-470581 CARGO STRAPS FOR PW YARD 09/09/2025 09/09/2025 0.00 48.70 4451-470619 PW 302 BATTERY 09/09/2025 09/09/2025 0.00 362.59 4451-470850 CARGO STRAPS FOR CITY YARD 09/10/2025 09/10/2025 0.00 16.23 4451-470887 TRANSIT 211 FUEL / WATER SEP, FUEL FILTER 09/10/2025 09/10/2025 0.00 345.40 4451-470889 TRANSIT 203 FUEL FILTER, OIL FILTER 09/10/2025 09/10/2025 0.00 251.49 4451-470911 TRANSIT 211 HD AIR FILTER 09/10/2025 09/10/2025 0.00 99.56 4451-470912 TRANSIT 211 CREDIT HD AIR FILTER 09/10/2025 09/10/2025 0.00 -149.63 4451-470913 PW 302 5 GAL HYDRL OIL 09/10/2025 09/10/2025 0.00 -162.35 4451-471203 TRANSIT 100 PK TIE 09/12/2025 09/12/2025 0.00 21.64 4451-471343 PD 298 BATTERY 09/12/2025 09/12/2025 0.00 217.06 4451-471345 PD STOCK JUMP STARTER 09/12/2025 09/12/2025 0.00 270.31 4451-471388 110 EV 3 OZ PAG OIL 46 09/12/2025 09/12/2025 0.00 22.73 4451-472157 PD 284 BATTERY 09/16/2025 09/16/2025 0.00 183.99 4451-472373 PD 288 RECOVERY CAP , 1 GAL ANTIFREEZE 09/17/2025 09/17/2025 0.00 165.11 4451-472444 BLUEDEF FOR SHOP USE 09/17/2025 09/17/2025 0.00 18.39 4451-472445 BLUE DEF 2.5 FOR SHOP USE 09/17/2025 09/17/2025 0.00 51.93 1108
Vendor Number
PG & E
Total Vendor Amount
7,395.50
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 10/16/2025 7,395.50
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 4776920476-0 09.08.25-10.06.25 4776920476-0 09.08.25-10.06.25 10/07/2025 10/07/2025 0.00 19.98 5299823039-6 09.02.25-09.30.25 5299823039-6 09.02.25-09.30.25 10/01/2025 10/01/2025 0.00 4,845.38 7317315093-6 09.02.25-09.30.25 7317315093-6 09.02.25-09.30.25 10/01/2025 10/01/2025 0.00 2,006.08 8440977428-2 08.29.25-09.29.25 8440977428-2 08.29.25-09.29.25 09/29/2025 09/29/2025 0.00 299.10 9132070691-3 09.02.25-09.30.25 9132070691-3 09.02.25-09.30.25 10/01/2025 10/01/2025 0.00 224.96 1889
Vendor Number

RAFAEL CONTRERES
Total Vendor Amount
450.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 10/16/2025 450.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount REIMBURSEMENT FOR VET'S HALL REIMBURSEMENT FOR VET'S HALL 10/01/2025 10/01/2025 0.00 450.00

ROBERT HALF
Total Vendor Amount
2,271.89
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 10/16/2025 2,271.89
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 65466680 WEEK ENDING 10/03/25 FOR STEPHANIE M. 10/06/2025 10/06/2025 0.00 978.29 65491450 WEEK ENDING 10/10/25 STEPHANIE M. 10/13/2025 10/13/2025 0.00 1,293.60 1121
Vendor Number

SERBANS BACKGROUND MUSIC INC
Total Vendor Amount
1,350.94
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 10/16/2025 1,350.94
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 13661 DATA VIDEO HD BLOCK CAMERA 09/23/2025 09/23/2025 0.00 1,350.94 1122
Vendor Number

SIRCHIE
Total Vendor Amount

53.02 Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 10/16/2025 53.02
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 0702380-IN NITRILE POWERED GLOVES 07/22/2025 07/22/2025 0.00 53.02 1123
Vendor Number

SO CAL GAS CO
Total Vendor Amount
121.83
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 10/16/2025 121.83
Payable Number Description Payable Date Due Date Discount Amount Payable Amount SERVICES 08.25.25-09.24.25 SERVICES 08.25.25-09.24.25 09/26/2025 09/26/2025 0.00 121.83 1125
Vendor Number

SPARKLE TEXTILE RENTAL SERVICE
Total Vendor Amount
1,770.49
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 10/16/2025 1,770.49
Payable Number Description Payable Date Due Date Discount Amount Payable Amount UNIFORM SERVICES SEPTEMBER 2025 UNIFORM SERVICES SEPTEMBER 2025 09/30/2025 09/30/2025 0.00 1,770.49 1880
Vendor Number

SULLY & SON HYDRAULICS INC
Total Vendor Amount
4,104.47
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 10/16/2025 4,104.47
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 180173 PW 302 SUNFAB BENT AXIS PISTON MOTOR 08/26/2025 08/26/2025 0.00 4,104.47 1891
Vendor Number
TCID
Total Vendor Amount
194.57
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 10/16/2025 194.57
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 141963 FRONT DISC BRAKE PADS, FRONT BRAKE ROTORS 09/19/2025 09/19/2025 0.00 194.57 1131
Vendor Number

TEL-TEC SECURITY SYSTEMS
Total Vendor Amount

55.00 Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 10/16/2025 55.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 899172 ARVIN ADOBE COMPLEX FIRE MONITORING OCT, 2025 10/01/2025 10/01/2025 0.00 55.00

ULINE , INC
Total Vendor Amount
397.07
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 10/16/2025 397.07
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 197179883 NITRILE GLOVES , RECHARGEABLE BATTERIES 08/27/2025 08/27/2025 0.00 397.07 1723
Vendor Number
VERIZON WIRELESS 609123961 7
Total Vendor Amount
460.32
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 10/16/2025 460.32
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 6124451373 ARVIN PW CELL PHONES 08.26.25-09.25.25 09/25/2025 09/25/2025 0.00 460.32 1140
Vendor Number
VERIZON WIRELESS 609123961 5
Total Vendor Amount
1,304.24
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 10/16/2025 1,304.24
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 6124451371 ARVIN PD CELL PHONES 08.26.25-09.25.25 09/25/2025 09/25/2025 0.00 1,304.24 1139
Vendor Number
VERIZON WIRELESS 609123961 6
Total Vendor Amount
848.22
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 10/16/2025 848.22
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 6124451372 ARVIN PD AIR CARDS 08.26.25-09.25.25 09/25/2025 09/25/2025 0.00 848.22 1186
Vendor Number
VERIZON WIRELESS 642023305 2
Total Vendor Amount
669.72
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 10/16/2025 669.72
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 6124680898 TRANSIT SVCS 08.29.25-09.28.25 09/28/2025 09/28/2025 0.00 669.72 1210
Vendor Number

WAGEWORKS INC
Total Vendor Amount

79.52 Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 10/16/2025 79.52
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 0925-TR39927 C2791 MNTHLY COMPLIANCE FEE COBRA SEPT.2025 10/07/2025 10/07/2025 0.00 79.52 1142
Vendor Number

WELLS FARGO LEASE PMTS
Total Vendor Amount
476.85
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 10/16/2025 476.85
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 5035874218 COMM DEV LEASE 09.12.25-10.11.25 09/16/2025 09/16/2025 0.00 365.97 5035979824 COMM DEV LEASE 09.21.25-10.20.25 09/25/2025 09/25/2025 0.00 110.88 1852
Vendor Number

WRAPS AND PRINTS INC
Total Vendor Amount
120.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 10/16/2025 120.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV-1126 PD 292 PATCHING WRAP 10/08/2025 10/08/2025 0.00 120.00

ARVIN POLICE OFFICERS
Total Vendor Amount
950.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 10/16/2025 950.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV0001937 APOA Dues 10/10/2025 10/10/2025 0.00 950.00
1017
Vendor Number

CENTRAL CALIFORNIA ASSOC OF PUBLIC EMPLOYEES
Total Vendor Amount
748.74
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 10/16/2025 748.74
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV0001938 SEIU Dues 10/10/2025 10/10/2025 0.00 15.00
INV0001939 SEIU Dues 10/10/2025 10/10/2025 0.00 733.74
1312
Vendor Number

FRANCHISE TAX BOARD
Total Vendor Amount
996.16
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 10/16/2025 210.34
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV0001941 BRANDON SNYDER 10/10/2025 11/15/2025 0.00 210.34 Check 10/16/2025 785.82
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV0001942 Joseph Huggett 10/10/2025 11/15/2025 0.00 785.82

5.A.1
Attachment: Demand Register(s) of October 11, 2025 - October 24, 2025 (Demand Register(s) of October 11, 2025 - October 24, 2025.) Payment Register APPKT01103 - FOR AP 10/15/2025
10/16/2025 10:58:23 AM Page 9 of 10
Payment Summary
Type
Payment
Count Discount Payment
Payable
Bank Code Count
Main Pool Ck Check 99 50 0.00 876,481.56
Packet Totals: 99 50 0.00 876,481.56
Type
Payment
Count Discount Payment
Payable
Bank Code Count
PY Check54 0.00 2,694.90
Packet Totals:
54 0.00 2,694.90

5.A.1
Attachment: Demand Register(s) of October 11, 2025 - October 24, 2025 (Demand Register(s) of October 11, 2025 - October 24, 2025.) Payment Register APPKT01103 - FOR AP 10/15/2025
10/16/2025 10:58:23 AM Page 10 of 10
Cash Fund Summary
Fund Name Amount
90 Main Pooled Cash Fund -879,176.46
Packet Totals: -879,176.46

5.A.1
Attachment: Demand Register(s) of October 11, 2025 - October 24, 2025 (Demand Register(s) of October 11, 2025 - October 24, 2025.) 10/24/2025 1:42:24 PM Page 1 of 7
Payment Register
City of Arvin APPKT01108 - FOR AP 10/22/2025
-
Bank: Main Pool Ck - Main Checking - BOA
Vendor Number
**Void**
Total Vendor Amount

0.00 Vendor Name
Payment Type Payment Number Payment Date Payment Amount **Void Check 46768 10/22/2025 0.00
1207
Vendor Number

ACC BUSINESS
Total Vendor Amount
971.71
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 46745 10/22/2025 971.71
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 8834168010 INTERNET ACC 09/11/25-10/10/25 10/11/2025 10/11/2025 0.00 971.71 1282
Vendor Number

ADAM CALDERON
Total Vendor Amount
410.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 46746 10/22/2025 410.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount FTO TRAINING 10.27.25- 10.31.25 FTO TRAINING 10.27.25- 10.31.25 08/25/2025 08/25/2025 0.00 410.00 1256
Vendor Number

ADRIAN HERNANDEZ
Total Vendor Amount
660.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 46747 10/22/2025 660.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount PER DIEM FOR FTO TRAINING PER DIEM FOR FTO TRAINING 08/25/2025 08/25/2025 0.00 250.00 SFST/ARIDE COURSE SFST/ARIDE COURSE 10/13/2025 10/13/2025 0.00 410.00 1484
Vendor Number

BOBBY GONZALES
Total Vendor Amount
410.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 46748 10/22/2025 410.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount FTO TRAINING 10.27.25- 10.31.25 FTO TRAINING 10.27.25- 10.31.25 08/25/2025 08/25/2025 0.00 410.00 1047
Vendor Number

COMMUNICATION ENTERPRISES
Total Vendor Amount
465.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 46749 10/22/2025 465.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 101 LTR 450 DISPATCH PW OCTOBER 2025 10/01/2025 10/01/2025 0.00 285.00 102 LTR 450 DISPATCH TRANSIT OCTOBER 2025 10/01/2025 10/01/2025 0.00 180.00 1264
Vendor Number

EDWIN JIMENEZ
Total Vendor Amount
410.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 46750 10/22/2025 410.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount SFST/ARIDE COURSE SFST/ARIDE COURSE 10/13/2025 10/13/2025 0.00 410.00

5.A.1
Attachment: Demand Register(s) of October 11, 2025 - October 24, 2025 (Demand Register(s) of October 11, 2025 - October 24, 2025.) Payment Register APPKT01108 - FOR AP 10/22/2025
10/24/2025 1:42:24 PM Page 2 of 7
1062
Vendor Number
FEDEX
Total Vendor Amount
107.41
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 46751 10/22/2025 107.41
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 9-033-45952 CH SHIPPING SERVICE 10/17/2025 10/17/2025 0.00 107.41 1846
Vendor Number

GREATAMERICA FINANCIAL SERVICES CORPORATION
Total Vendor Amount
2,451.42
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 46752 10/22/2025 2,451.42
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 40300237 DELL OPTIPLEX COMPUTERS AGREEMENT 10/07/2025 10/07/2025 0.00 2,451.42 1372
Vendor Number

GREGS PETROLEUM SERVICE INC
Total Vendor Amount
2,136.68
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 46753 10/22/2025 2,136.68
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 573215 FUEL FOR PW 09/30/2025 09/30/2025 0.00 2,136.68
1160
Vendor Number

HAAKER EQUIPMENT COMPANY
Total Vendor Amount
2,403.60
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 46754 10/22/2025 2,403.60
Payable Number Description Payable Date Due Date Discount Amount Payable Amount CM61351 MOTOR - HYD 47CC FLSUH FOR STREET SWEEPER 09/24/2025 09/24/2025 0.00 -4,779.56 INV0001951 UNIT 302 PART FOR MECHANICAL REPAIR 10/22/2025 10/22/2025 0.00 1,457.78 INV14826 MOTOR -HYD 47CC STREET SWEEPER 08/26/2025 08/26/2025 0.00 5,687.38 INV15501 EQUIPMENT SALES - FREIGHT RECOVERY 08/29/2025 08/29/2025 0.00 38.00 1902
Vendor Number
I-N-C. INC.

Total Vendor Amount
6,548.85
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 46755 10/22/2025 6,548.85
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 20250534 PROF. SERVICES 10.01.25-10-15.25 10/19/2025 10/19/2025 0.00 6,548.85 1900
Vendor Number

JAY R BEES AUTO DETAILING LLC
Total Vendor Amount
520.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 46756 10/22/2025 520.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 10/15/25 - PD 10/15/25 - PD 10/15/2025 10/15/2025 0.00 520.00 1246
Vendor Number

JIMS TOWING SERVICES INC
Total Vendor Amount
915.60
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 46757 10/22/2025 915.60
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 53393 2017 FORD EXPLORER TOWED 08/01/2025 08/01/2025 0.00 232.80 54689 40 FT TRANSIT BUS TOWED 10/03/2025 10/03/2025 0.00 450.00 54736 2022 FORD INTERCEPTOR TOWED UNIT 292 10/06/2025 10/06/2025 0.00 232.80 1269
Vendor Number

JONATHAN MORFIN
Total Vendor Amount
410.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 46758 10/22/2025 410.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount FTO TRAINING 10.27.25- 10.31.25 FTO TRAINING 10.27.25- 10.31.25 08/25/2025 08/25/2025 0.00 410.00

KERN COUNTY DISTICT ATTORNEY
Total Vendor Amount
14,210.64
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 46759 10/22/2025 14,210.64
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 2425_ARVIN FY 24-25 DUI BILLING PENAL CODE 09/26/2025 09/26/2025 0.00 14,210.64 1088
Vendor Number

KERN COUNTY FORENSIC SERVICES
Total Vendor Amount
3,000.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 46760 10/22/2025 3,000.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 3224 NON- ACUTE EXAM 10/06/2025 10/06/2025 0.00 1,500.00 3225 NON- ACUTE EXAM 10/06/2025 10/06/2025 0.00 1,500.00 1164
Vendor Number

KERN MACHINERY
Total Vendor Amount
174.54
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 46761 10/22/2025 174.54
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 101-1271903 STIHL MS291 INSPECT UNIT AND CHAIN 08/26/2025 08/26/2025 0.00 174.54 1328
Vendor Number

KERN MEDICAL CENTER KERN COUNTY HOSPITAL AUTHORITY
Total Vendor Amount
197.20
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 46762 10/22/2025 197.20
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 8000001063 VENIPUNCTURE COLLECTION 8/10/2025 08/10/2025 08/10/2025 0.00 197.20 1425
Vendor Number

NEXTALK INC
Total Vendor Amount
310.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 46763 10/22/2025 310.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount NT-15238 INTERPRETING SERVICES SEPTEMBER 2025 09/26/2025 09/26/2025 0.00 310.00 1842
Vendor Number

OLIVIA CALDERON
Total Vendor Amount
337.80
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 46764 10/22/2025 337.80
Payable Number Description Payable Date Due Date Discount Amount Payable Amount LEAGUE OF CA CITIES EXPO 2025 LEAGUE OF CA CITIES EXPO 2025 10/16/2025 10/16/2025 0.00 337.80 1108
Vendor Number
PG & E
Total Vendor Amount
19,308.83
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 46765 10/22/2025 19,308.83
Payable Number Description Payable Date Due Date Discount Amount Payable Amount ELEC SVC 09.13.25-10.14.25 ELEC SVC 09.13.25-10.14.25 10/14/2025 10/14/2025 0.00 19,308.83 1111
Vendor Number

PITNEY BOWES
Total Vendor Amount
244.56
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 46766 10/22/2025 244.56
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 3107446492 LEASE 08.28.25-11.27.25 10/09/2025 10/09/2025 0.00 244.56

PRECISION CIVIL ENGINEERING (PCE)
Total Vendor Amount
31,299.51
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 46767 10/22/2025 31,299.51
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 31889 COA - EXISITING COMMERCIAL RESTAURANT 07/15/2025 07/15/2025 0.00 55.00 31892 COA - SDP GROW PUBLIC SCHOOLS:KCCD PROPERTY 07/15/2025 07/15/2025 0.00 970.00 32138 COA 4TH STREET BUILDOUT 09/04/2025 09/04/2025 0.00 2,448.75 32162 COA - SOLAR ARRAY SITE 09/04/2025 09/04/2025 0.00 1,550.00 32163 COA CUP- FIBER EQUIP HUT @SYCAMORE & WALNUT 09/04/2025 09/04/2025 0.00 5,780.00 32164 COA BISLA FINAL MAP 09/04/2025 09/04/2025 0.00 1,845.00 32165 COA NAVARRO ANNEXATION 09/04/2025 09/04/2025 0.00 230.00 32166 COA SPD SYC & MYR GAS STATION 09/04/2025 09/04/2025 0.00 1,158.75 32172 COA MOUNTAINSIDE AGREEMENT 09/04/2025 09/04/2025 0.00 120.00 32173 COA - 100 BEAR MOUNTAIN 09/04/2025 09/04/2025 0.00 570.00 32175 COA - ON CALL PLANNING SUPPORT SERVICES 09/04/2025 09/04/2025 0.00 11,537.01 32199 COA GP & SC : HILL & TUCKER 09/04/2025 09/04/2025 0.00 110.00 32200 COA CCP GENREAL COMM. CANNIBIS SUPPORT 09/04/2025 09/04/2025 0.00 560.00 32201 COA - SDP SELF STORAGE NWC COMANCHE 09/04/2025 09/04/2025 0.00 55.00 32202 COA CANA ROSE 921 POTATO RD 09/04/2025 09/04/2025 0.00 55.00 32203 COA 744 SOUTH DERBY 09/04/2025 09/04/2025 0.00 2,360.00 32204 SOLAR PERMITTING SYSTEM GRANT 09/04/2025 09/04/2025 0.00 1,895.00 1889
Vendor Number

RAFAEL CONTRERES
Total Vendor Amount
370.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 46769 10/22/2025 370.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount REIMBURSEMENT OF $370 REIMBURSEMENT OF $370FOR VET'S HALL 10/20/2025 10/20/2025 0.00 370.00 1596
Vendor Number

ROBERT HALF
Total Vendor Amount
1,051.05
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 46770 10/22/2025 1,051.05
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 65515530 WEEK ENDING 10/17/25 FOR STEPHANIE M. 10/20/2025 10/20/2025 0.00 1,051.05 1069
Vendor Number

ROGER GOODMAN
Total Vendor Amount
2,231.28
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 46771 10/22/2025 2,231.28
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 2040 FORD FUSION UNIT 999 SURFACE MOUNT LED 09/22/2025 09/22/2025 0.00 2,231.28 1758
Vendor Number

SAN JOAQUIN TRACTOR COMPANY
Total Vendor Amount
377.91
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 46772 10/22/2025 377.91
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 19964B 2024 KIO ZXD72 OVERHEATING 09/16/2025 09/16/2025 0.00 377.91 1200
Vendor Number

SELF HELP ENTERPRISES
Total Vendor Amount
6,703.97
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 46773 10/22/2025 3,826.77
Payable Number Description Payable Date Due Date Discount Amount Payable Amount AUGUST 2025 22-CDBG-HA-10029 AUGUST 2025 09/24/2025 09/24/2025 0.00 3,826.77 Check 46774 10/22/2025 1,109.91
Payable Number Description Payable Date Due Date Discount Amount Payable Amount AUGUST 25 22-CDBG-NH-00002 AUGUST 2025 09/24/2025 09/24/2025 0.00 1,109.91

5.A.1
Attachment: Demand Register(s) of October 11, 2025 - October 24, 2025 (Demand Register(s) of October 11, 2025 - October 24, 2025.) Payment Register APPKT01108 - FOR AP 10/22/2025
10/24/2025 1:42:24 PM Page 5 of 7
Check 46775 10/22/2025 1,767.29
Payable Number Description Payable Date Due Date Discount Amount Payable Amount AUGUST_ 2025 20-PLHA-16052 AUGUST 2025 09/24/2025 09/24/2025 0.00 1,767.29 1237
Vendor Number

SITEONE LANDSCAPE SUPPLY LLC
Total Vendor Amount
526.18
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 46776 10/22/2025 526.18
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 158761103-001 ADOBE COMPLEX RAIN BIRD 09/23/2025 09/23/2025 0.00 526.18 1126
Vendor Number

STAPLES BUSINESS CREDIT
Total Vendor Amount
1,707.86
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 46777 10/22/2025 1,707.86
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 706986622 OFFICE SUPPLIES FOR THE CITY SEPTEMEBER 2025 09/25/2025 09/25/2025 0.00 1,707.86 1891
Vendor Number
TCID
Total Vendor Amount
378.24
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 46778 10/22/2025 378.24
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 142264 PW 302 GOLD AIR FILTER 09/26/2025 09/26/2025 0.00 118.56 142265 BK ACCESS COLOR CAMERA 09/26/2025 09/26/2025 0.00 259.68 1195
Vendor Number

TRAFFIC MANAGEMENT INC
Total Vendor Amount
2,341.56
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 46779 10/22/2025 2,341.56
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 06-118600 SR1001-RMP- WHITE PAINT 09/24/2025 09/24/2025 0.00 917.96 06-118601 SR1001-RMP- YELLOW PAINT 09/24/2025 09/24/2025 0.00 955.28 06-118624 SR1001-RMP PAINT - YELLOW 09/24/2025 09/24/2025 0.00 468.32

5.A.1
Attachment: Demand Register(s) of October 11, 2025 - October 24, 2025 (Demand Register(s) of October 11, 2025 - October 24, 2025.) Payment Register APPKT01108 - FOR AP 10/22/2025
10/24/2025 1:42:24 PM Page 6 of 7
Payment Summary
Type
Payment
Count Discount Payment
Payable
Bank Code Count
Main Pool Ck Voided **Void Check01 0.00 0.00
Main Pool Ck Check 61 34 0.00 103,591.40
Packet Totals: 61 35 0.00 103,591.40

5.A.1
Attachment: Demand Register(s) of October 11, 2025 - October 24, 2025 (Demand Register(s) of October 11, 2025 - October 24, 2025.)

5.B.1
Attachment: Payroll Register(s) of October 10, 2025 (Payroll Register(s) of October 10, 2025.)

5.B.1
Attachment: Payroll Register(s) of October 10, 2025 (Payroll Register(s) of October 10, 2025.) Arvin City Council Meeting Minutes – October 14, 2025

Page 1 of 3 ends

REGULAR MEETING MINUTES

ARVIN CITY COUNCIL / SUCCESSOR AGENCY TO THE

ARVIN COMMUNITY REDEVELOPMENT AGENCY / ARVIN HOUSING AUTHORITY /

ARVIN PUBLIC FINANCING AUTHORITY
OCTOBER 14, 2025
CALL TO ORDER @ 6:00PM

PLEDGE OF ALLEGIANCE

INVOCATION
ROLL CALL: All present; MPT Reyes arrived late during announcement of Closed Session Items #2 prior to the Council heading into Closed Session.

1. APPROVAL OF AGENDA AS TO FORM.

Motion to approve the agenda.

Motion CM Traver Second CM Perez Vote 4-0

2. CLOSED SESSION ITEMS
A. THREAT TO PUBLIC SERVICES OR FACILITIES (Government Code §54957(a).)
Consultation with: City Manager and/or City Attorney. (one item) B. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: APN 190-020-38
Agency Negotiator: City Manager
C. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code Section 54956.9(b): one case
D. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government Code §54957(b).)
Title: City Manager/Finance Director
E. CONFERENCE WITH LEGAL COUNSEL: LIABILITY CLAIMS (Government Code §54956.95)
Claimant: Sandra Moreno - AIMs File No. FR103399
Against: City of Arvin
CLOSED SESSION REPORT BY CITY ATTORNEY: City Council discussed Closed Session Items 2A and 2C: No reportable action for 2A and 2C.

City Council discussed Closed Session Items 2B, 2D, and 2E after Agenda Item 7 Council Member Comments: No reportable action for 2B, 2D and 2E.

5.C.1
Attachment: Minutes of the Regular Arvin City Council Meeting of October 14, 2025 (Minutes of Regular Meeting(s) of October 14, 2025.) Arvin City Council Meeting Minutes – October 14, 2025

Page 2 of 3 ends

PUBLIC COMMENTS ITEM 3 WILL COMMENCE NO EARLIER THAN 7:00PM.

4. CONSENT AGENDA ITEMS
A. Approval of Demand Register(s) of September 19, 2025 – October 10, 2025.

B. Approval of Payroll Register(s) of September 26, 2025.

C. Approval of Minutes of the Regular Arvin City Council Meeting(s) of September 09, 2025; September 23, 2025; and Special Meeting of October 01, 2025.

D. Consideration and Approval of A Resolution of the City Council of the City of Arvin Approving Memorandum of Understanding Between the County of Kern and the City of Arvin Regarding Transfer of Tax Revenues Upon Annexation.

Resolution No. 2025-68
Agreement No. 2025-26
E. Approval of A Resolution of the City Council of the City of Arvin to Approve the Arvin Chamber of Commerce Special Event Permit Application for their Annual Christmas Parade to be Held on December 08, 2025, Authorize Closure of Streets and Waive City Costs Associated with this Event Subject to Execution of A Memorandum of Understanding between the City of Arvin and the Arvin Chamber of Commerce.

Resolution No. 2025-69
Agreement No. 2025-27
Staff recommends approval of the consent agenda.

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

Motion CM Perez Second CM Horton Vote 5-0

5. ACTION ITEM(S)
A. Consideration and Approval of A Resolution of the City Council of the City of Arvin Awarding A Public Works Agreement for the South A Street Road Improvement Project to Westrock General Engineering and Authorizing the City Manager to Execute the Agreement and Related Documents.

Staff recommends approval of the Resolution.

Motion to approve the Resolution.

Motion CM Perez Second CM Horton Vote 5-0
Resolution No. 2025-70
Agreement No. 2025-28

5.C.1
Attachment: Minutes of the Regular Arvin City Council Meeting of October 14, 2025 (Minutes of Regular Meeting(s) of October 14, 2025.) Arvin City Council Meeting Minutes – October 14, 2025

Page 3 of 3 ends

B. Consideration and Approval of A Resolution of the City Council of the City of Arvin Establishing An Ad Hoc City Council Committee for Parks, Recreation, and Community Services.

Staff recommends approval of the Resolution.

Motion to approve the Resolution.

Motion CM Perez Second CM Tarver Vote 5-0
Resolution No. 2025-71
Mayor Olivia Calderon appointed Mayor Olivia Calderon (self) and Councilmember Tim Tarver to the Ad Hoc City Council Committee for Parks, Recreation, and Community Services.

6. DISCUSSION ITEM(S)
A. Discussion Regarding the Fentanyl Misuse and Overdose Prevention Task Force Grant Funds.

7. COUNCIL MEMBER COMMENTS

8. ADJOURNED @ 8:56PM
Respectfully submitted,
Cecilia Vela, City Clerk

5.C.1
Attachment: Minutes of the Regular Arvin City Council Meeting of October 14, 2025 (Minutes of Regular Meeting(s) of October 14, 2025.)

Page 1 of 2 ends

Staff Report - Approve PSA with DPSI, Inc. Professional Engineering Services for Haven Dr. Sewer and FDR Project.

CITY OF ARVIN
Staff Report
Meeting Date: October 28, 2025
TO: Arvin City Council
FROM: Christine Viterelli, Grants Manager
Jeff Jones, City Manager
SUBJECT: Approval of A Resolution of the City Council of the City of Arvin to Approve a Professional Services Agreement with Diversified Project Services International, Inc. for Professional Engineering Services for the Haven Drive Sewer and FDR Project and to Authorize the City Manager to Execute the Agreement.

BACKGROUND:

The City of Arvin is undertaking the Haven Drive Sewer Improvement and Road Rehabilitation Project, funded through the Community Development Block Grant (CDBG) Program under Grant No. 23-CDBG-10001. The City requires professional Construction Management, Inspection, and Materials Testing Services to ensure proper oversight, documentation, and compliance with applicable CDBG and federal requirements throughout the project’s duration.

Under the proposed Professional Services Agreement (PSA) between the City of Arvin and Diversified Project Services International, Inc. (DPSI), DPSI will provide comprehensive construction management services, including resident engineering, inspection, certified payroll verification, construction staking, and materials testing. The not-to-exceed fee for these services is $311,800, as detailed in Exhibit “A” of the Agreement.

At its August 26, 2025 meeting, the City Council awarded the construction contract for the Haven Drive Project to Bowman Asphalt, Inc, following receipt of single-bid procurement authorization from the California Department of Housing and Community Development (HCD). Bowman Asphalt has since mobilized and commenced work in accordance with the approved contract documents.

Due to the timing of HCD’s approval to award and the associated administrative processing, the Professional Services Agreement is proposed to be retroactive to October 2, 2025, to align with HCD’s approval date. DPSI has been assisting the city with coordination and compliance activities since that date to ensure continuity of oversight and adherence to CDBG documentation requirements.

FINANCIAL IMPACT:

Funding for the Professional Services Agreement is included in the approved CDBG project budget. No General Fund impact is anticipated. The contract amount for this project is $311,800.

5.D.1
Attachment: Staff Report - Haven Drive Construction Management Consultant (PSA with DPSI, Inc. for Construction Mgmt of Haven Drive

Page 2 of 2 ends

Staff Report - Approve PSA with DPSI, Inc. Professional Engineering Services for Haven Dr. Sewer and FDR Project.

RECOMMENDATION:

It is recommended that the City Council:

1. Adopt a resolution authorizing the City Manager, or designee, to execute a Professional Services Agreement for Construction Management, Inspection, and Materials Testing Services for the Haven Drive Sewer Improvement and Road Rehabilitation Project.

2. Authorize the City Manager to execute all related documents necessary to implement the agreement.

Attachments:
• Resolution Authorizing City Manager to Execute Professional Services Agreement – Haven Drive Project
• HCD Single Bid Procurement Approval Letter (CDBG Grant No. 23-CDBG-10001) • Professional Services Agreement

5.D.1
Attachment: Staff Report - Haven Drive Construction Management Consultant (PSA with DPSI, Inc. for Construction Mgmt of Haven Drive Reso to Approve Professional Services Agmt with DPSI, Inc. for Construction Mgmt. for Haven Dr. Sewer Imp. & Road Rehab Project.

Page 1 of 2 ends

RESOLUTION NO. ________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARVIN

AUTHORIZING THE CITY MANAGER TO EXECUTE A

PROFESSIONAL SERVICES AGREEMENT WITH DIVERSIFIED
PROJECT SERVICES INTERNATIONAL, INC. FOR CONSTRUCTION

MANAGEMENT SERVICES FOR THE HAVEN DRIVE SEWER
IMPROVEMENT AND ROAD REHABILITATION PROJECT.

WHEREAS, the City of Arvin is implementing the Haven Drive Sewer Improvement and Road Rehabilitation Project, funded through the Community Development Block Grant (CDBG) Program, Grant No. 23-CDBG-10001, administered by the California Department of Housing and Community Development (HCD); and
WHEREAS, on August 26, 2025, the City Council awarded the public works construction contract for the project to Bowman Asphalt, Inc. in the amount of $2,946,256, following HCD’s approval of the City’s single-bid procurement request; and WHEREAS, due to administrative delays in the State’s approval to award, both the construction contract and the professional services contract for construction management were delayed in execution; and
WHEREAS, the City requires professional Construction Management, Inspection, and Materials Testing Services to ensure compliance with CDBG requirements, manage daily construction activities, perform inspection and materials testing, and maintain all documentation necessary for federal and state compliance; and
WHEREAS, the City remains the lead agency for the project and is responsible for construction contracting and administration; and
WHEREAS, to ensure continuity of oversight and compliance, the Professional Services Agreement is proposed to be retroactive to October 2, 2025, the date HCD approved the award of the single bid contract; and
WHEREAS, the City and Diversified Project Services International, Inc. (DPSI) have negotiated a Professional Services Agreement (Agreement No. 2025-___) with a not-to-exceed amount of $311,800 for the provision of construction management services as outlined in Exhibit “A” of the Agreement; and
NOW, THEREFORE, BE IT RESOLVED that the city council of the City of Arvin as follows:

1. The City Council hereby authorizes the City Manager, or designee, to execute the Professional Services Agreement with Diversified Project Services International, Inc. (DPSI) for Construction Management, Inspection, and Materials Testing Services for the Haven Drive Sewer Improvement and Road Rehabilitation Project in the not-to-exceed amount of $311,800.

5.D.2
Attachment: Resolution - Haven Drive Construction Mangement Consultant (PSA with DPSI, Inc. for Construction Mgmt of Haven Drive Sewer Reso to Approve Professional Services Agmt with DPSI, Inc. for Construction Mgmt. for Haven Dr. Sewer Imp. & Road Rehab Project.

Page 2 of 2 ends

2. The Agreement shall be retroactive to October 2, 2025, to align with the award approval of the Department of Housing and Community Development (HCD). The City Manager, or designee, is authorized to execute any related documents necessary to implement the intent of this resolution.

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 28th day of October 2025 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST
CECILIA VELA, City Clerk

CITY OF ARVIN
By:

OLIVIA CALDERON, Mayor
APPROVED AS TO FORM:

By:

STEPHANIE GUTIERREZ, City Attorney
Burke, Williams & Sorensen, LLP
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.

5.D.2
Attachment: Resolution - Haven Drive Construction Mangement Consultant (PSA with DPSI, Inc. for Construction Mgmt of Haven Drive Sewer

5.D.3
Attachment: City of Arvin - 23-CDBG-10001 - Single Bid Procurement Approval Letter_Redacted (PSA with DPSI, Inc. for Construction Mgmt of

Page 1 of 11 ends

AGREEMENT NO. 2025-____

PROFESSIONAL SERVICES AGREEMENT

BETWEEN

THE CITY OF ARVIN AND
DIVERSIFIED PROJECT SERVICES INTERNATIONAL, INC.

FOR PROFESSIONAL ENGINEERING SERVICES FOR HAVEN DRIVE SEWER AND

FDR PROJECT
THIS AGREEMENT is entered into to the 2
nd day of October, 2025, by and between
the CITY OF ARVIN, a municipal corporation and general law city (“CITY”) and DIVERSIFIED PROJECT SERVICES INTERNATIONAL, a California Corporation (“CONSULTANT”). CITY and CONSULTANT may be referred to, individually or collectively, as “party” or “parties."

1. CONSIDERATION.

A. As partial consideration, CONSULTANT agrees to perform the work listed in the SCOPE OF SERVICES, below;
B. As additional consideration, CONSULTANT and CITY agree to abide by the terms and conditions contained in this Agreement;
C. As additional consideration, CITY agrees to pay CONSULTANT a sum not to exceed THREE HUNDRED ELEVEN THOUSAND EIGHT HUNDRED
DOLLARS ($311,800) for CONSULTANT’s services. CITY may modify this amount as set forth below. Unless otherwise specified by written amendment to this Agreement, CITY will pay this sum as specified in the attached Exhibit “A,” which is incorporated by reference.

2. SCOPE OF SERVICES.

A. CONSULTANT will perform services listed in the attached Exhibit “A,” which is incorporated by reference.

B. CONSULTANT will, in a professional manner, furnish all of the labor, technical, administrative, professional and other personnel, all supplies and materials, equipment, printing, vehicles, transportation, office space and facilities, and all tests, testing and analyses, calculation, and all other means whatsoever, except as herein otherwise expressly specified to be furnished by CITY, necessary or proper to perform and complete the work and provide the professional services required of CONSULTANT by this Agreement.

3. PERFORMANCE STANDARDS. While performing this Agreement, CONSULTANT will use the appropriate generally accepted professional standards of practice existing at the time of performance utilized by persons engaged in providing similar services. CITY will continuously monitor CONSULTANT’s services. CITY will notify CONSULTANT of any deficiencies and CONSULTANT will have fifteen (15) days after such notification to cure any shortcomings to CITY’s satisfaction. Costs associated with curing the deficiencies will be borne by CONSULTANT.

5.D.4
Attachment: PSA - DPSI, Inc for Construction Mgmt for Haven Dr Sewer and Road Rehab Project_102825_Redacted (PSA with DPSI, Inc. for City of Arvin
Agreement No. 2025-____
Diversified Project Services International, Inc.

Page 2 of 11 ends

4. PAYMENTS. For CITY to pay CONSULTANT as specified by this Agreement, CONSULTANT must submit a detailed invoice to CITY which lists the hours worked and hourly rates for each personnel category and reimbursable costs (all as set forth in Exhibit “A”) the tasks performed, the percentage of the task completed during the billing period, the cumulative percentage completed for each task, the total cost of that work during the preceding billing month and a cumulative cash flow curve showing projected and actual expenditures versus time to date.

5. NON-APPROPRIATION OF FUNDS. Payments due and payable to CONSULTANT for current services are within the current budget and within an available, unexhausted and unencumbered appropriation of the CITY. In the event the CITY has not appropriated sufficient funds for payment of CONSULTANT services beyond the current fiscal year, this Agreement will cover only those costs incurred up to the conclusion of the current fiscal year.

6. ADDITIONAL WORK.

A. CITY’s city manager (“Manager”) may determine, at the Manager’s sole discretion, that CONSULTANT must perform additional work (“Additional Work”) to complete the Scope of Work. If Additional Work is needed, the Manager will give written authorization to CONSULTANT to perform such Additional Work.

B. If CONSULTANT believes Additional Work is needed to complete the Scope of Work, CONSULTANT will provide the Manager with written notification that contains a specific description of the proposed Additional Work, reasons for such Additional Work, and a detailed proposal regarding cost.

C. Payments over $311,800 for Additional Work must be approved by CITY’s city council. All Additional Work will be subject to all other terms and provisions of this Agreement.

7. FAMILIARITY WITH WORK.

A. By executing this Agreement, CONSULTANT agrees that it has:
i. Carefully investigated and considered the scope of services to be performed;
ii. Carefully considered how the services should be performed; and iii. Understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement.

B. If services involve work upon any site, CONSULTANT agrees that CONSULTANT has or will investigate the site and is or will be fully acquainted with the conditions there existing, before commencing the services hereunder.

Should CONSULTANT discover any latent or unknown conditions that may materially affect the performance of the services, CONSULTANT will immediately inform CITY of such fact and will not proceed except at CONSULTANT’s own risk until written instructions are received from CITY.

Page 3 of 11 ends

8. TERM. The term of this Agreement will be from October 2nd, 2025 to September 14, 2026. Unless otherwise determined by written amendment between the parties, this Agreement will terminate in the following instances:

A. Completion of the work specified in Exhibit “A”;
B. Termination as stated in Section 16.

9. TIME FOR PERFORMANCE.

A. CONSULTANT will not perform any work under this Agreement until:
i. CONSULTANT furnishes proof of insurance as required under Section 23 of this Agreement; and
ii. CITY gives CONSULTANT a written notice to proceed.

B. Should CONSULTANT begin work on any phase in advance of receiving written authorization to proceed, any such professional services are at CONSULTANT’s own risk.

10. TIME EXTENSIONS. Should CONSULTANT be delayed by causes beyond CONSULTANT’s control, CITY may grant a time extension for the completion of the contracted services. If delay occurs, CONSULTANT must notify the Manager within forty-eight hours (48 hours), in writing, of the cause and the extent of the delay and how such delay interferes with the Agreement’s schedule. The Manager will extend the completion time, when appropriate, for the completion of the contracted services.

11. CONSISTENCY. In interpreting this Agreement and resolving any ambiguities, the main body of this Agreement takes precedence over the attached Exhibits; this Agreement supersedes any conflicting provisions. Any inconsistency between the Exhibits will be resolved in the order in which the Exhibits appear below:
• Exhibit B
• Exhibit A

12. CHANGES. CITY may order changes in the services within the general scope of this Agreement, consisting of additions, deletions, or other revisions, and the contract sum and the contract time will be adjusted accordingly. All such changes must be authorized in writing, executed by CONSULTANT and CITY. The cost or credit to CITY resulting from changes in the services will be determined in accordance with written agreement between the parties.

13. TAXPAYER IDENTIFICATION NUMBER. CONSULTANT will provide CITY with a Taxpayer Identification Number.

14. PERMITS AND LICENSES. CONSULTANT, at its sole expense, will obtain and maintain during the term of this Agreement, all necessary permits, licenses, and certificates that may be required in connection with the performance of services under this Agreement.

15. WAIVER. CITY’s review or acceptance of, or payment for, work product prepared by CONSULTANT under this Agreement will not be construed to operate as a waiver of any rights

Page 4 of 11 ends

CITY may have under this Agreement or of any cause of action arising from CONSULTANT’s performance. A waiver by CITY of any breach of any term, covenant, or condition contained in this Agreement will not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained in this Agreement, whether of the same or different character.

16. TERMINATION.

A. Except as otherwise provided, CITY may terminate this Agreement at any time with or without cause.

B. CONSULTANT may terminate this Agreement at any time with CITY’s mutual consent. Notice will be in writing at least thirty (30) days before the effective termination date.

C. Upon receiving a termination notice, CONSULTANT will immediately cease performance under this Agreement unless otherwise provided in the termination notice. Except as otherwise provided in the termination notice, any additional work performed by CONSULTANT after receiving a termination notice will be performed at CONSULTANT'’ own cost; CITY will not be obligated to compensate CONSULTANT for such work.

D. Should termination occur, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared by CONSULTANT will, at CITY’s option, become CITY’s property, and CONSULTANT will receive just and equitable compensation for any work satisfactorily completed up to the effective date of notice of termination, not to exceed the total costs under Section 1(C).

E. Should the Agreement be terminated pursuant to this Section, CITY may procure on its own terms services similar to those terminated.

F. By executing this document, CONSULTANT waives any and all claims for damages that might otherwise arise from CITY’s termination under this Section.

17. OWNERSHIP OF DOCUMENTS; EXCEPTIONS; WARRANTY. Except as otherwise provided below, all documents, data, studies, drawings, maps, models, photographs and reports prepared by CONSULTANT (collectively, “Documents”) under this Agreement are CITY’s property. CONSULTANT may retain copies of such Documents as desired but will deliver all original materials to CITY upon CITY’s written notice. CITY agrees that use of CONSULTANT’s completed work product, for purposes other than identified in this Agreement, or use of incomplete work product, is at CITY’s own risk. CONSULTANT warrants that all Documents it drafts and completes pursuant to this Agreement constitutes original work.

Specifically, CONSULTANT understands and agrees that use of artificial intelligence (AI) tools including, without limitation, ChatGPT, Microsoft’s Bing Chat, Google’s Bard, and Meta’s LLaMA (Large Language Model Meta AI), in the performance of this Agreement does not constitute an original work, i.e., submitting Documents generated by such AI tools to CITY and representing it as CONSULTANT’s original work constitutes a material breach of this Agreement, constitutes a false claim, and may also violate applicable intellectual property right

Page 5 of 11 ends

laws including, without limitation, United States Copyright Law. Accordingly, and notwithstanding any other provision of this Agreement as to ownership, CITY specifically rejects ownership of such Documents. CONSULTANT is required to indemnify and defend CITY to the fullest extent allowed by applicable law should it violate this Section.

18. PUBLICATION OF DOCUMENTS. Except as necessary for performance of service under this Agreement, no copies, sketches, or graphs of materials, including graphic art work, prepared pursuant to this Agreement, will be released by CONSULTANT to any other person or public CITY without CITY’s prior written approval. All press releases, including graphic display information to be published in newspapers or magazines, will be approved and distributed solely by CITY, unless otherwise provided by written agreement between the parties.

19. INDEMNIFICATION.

A. CONSULTANT agrees to the following:
i. Indemnification for Professional Services. CONSULTANT will hold harmless and indemnify and at CITY’s request reimburse defense costs for CITY and all its officers, volunteers, employees and representatives from and against any and all suits, actions, or claims, of any character whatever, brought for, or on account of, any injuries or damages sustained by any person or property resulting or arising from any negligent or wrongful act, error or omission by CONSULTANT or any of CONSULTANT’s
officers, agents, employees, or representatives, in the performance of this Agreement, except for such loss or damage arising from CITY’s sole negligence or willful misconduct.
ii. Indemnification for other Damages. CONSULTANT will indemnify and hold CITY harmless from and against any claim, action, damages, costs (including, without limitation, attorneys’ fees), injuries, or liability, arising out of this Agreement, or its performance, except for such loss or damage arising from CITY’s sole negligence or willful misconduct. Should CITY be named in any suit, or should any claim be brought against it by suit or otherwise, whether the same be groundless or not, arising out of this Agreement, or its performance, CONSULTANT will defend CITY (at CITY’s request and with counsel satisfactory to CITY) and will indemnify CITY for any judgment rendered against it or any sums paid out in settlement or otherwise.

B. For purposes of this section “CITY” includes CITY’s officers, officials, employees, agents, representatives, and certified volunteers.

C. It is expressly understood and agreed that the foregoing provisions will survive termination of this Agreement.

D. The requirements as to the types and limits of insurance coverage to be maintained by CONSULTANT as required by Section 23, and any approval of said insurance by CITY, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by CONSULTANT

Page 6 of 11 ends

pursuant to this Agreement, including, without limitation, to the provisions concerning indemnification.

20. ASSIGNABILITY. This Agreement is for CONSULTANT’s professional services.

CONSULTANT’s attempts to assign the benefits or burdens of this Agreement without CITY’s written approval are prohibited and will be null and void.

21. INDEPENDENT CONTRACTOR. CITY and CONSULTANT agree that CONSULTANT will act as an independent contractor and will have control of all work and the manner in which is it performed. CONSULTANT will be free to contract for similar service to be performed for other employers while under contract with CITY. CONSULTANT is not an agent or employee of CITY and is not entitled to participate in any pension plan, insurance, bonus or similar benefits CITY provides for its employees. Any provision in this Agreement that may appear to give CITY the right to direct CONSULTANT as to the details of doing the work or to exercise a measure of control over the work means that CONSULTANT will follow the direction of the CITY as to end results of the work only.

22. AUDIT OF RECORDS. CONSULTANT will maintain full and accurate records with respect to all services and matters covered under this Agreement. CITY will have free access at all reasonable times to such records, and the right to examine and audit the same and to make transcript therefrom, and to inspect all program data, documents, proceedings and activities.

CONSULTANT will retain such financial and program service records for at least three (3) years after termination or final payment under this Agreement.

23. INSURANCE.

A. Before commencing performance under this Agreement, and at all other times this Agreement is effective, CONSULTANT will procure and maintain the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below:

Type of Insurance Limits
Commercial general liability: $2,000,000
Professional Liability $1,000,000
Business automobile liability $1,000,000
Workers compensation Statutory requirement
B. Commercial general liability insurance will meet or exceed the requirements of the most recent ISO-CGL Form. The amount of insurance set forth above will be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. Liability policies will be endorsed to name CITY, its officials, and employees as “additional insureds” under said insurance coverage and to state that such insurance will be deemed “primary” such that any other insurance that may be carried by CITY will be excess thereto.

Such endorsement must be reflected on ISO Form No. CG 20 10 11 85 or 88, or equivalent. Such insurance will be on an “occurrence,” not a “claims made,” basis

Page 7 of 11 ends

and will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to CITY.

C. Professional liability coverage will be on an “occurrence basis” if such coverage is available, or on a “claims made” basis if not available. When coverage is provided on a “claims made basis,” CONSULTANT will continue to renew the insurance for a period of three (3) years after this Agreement expires or is terminated. Such insurance will have the same coverage and limits as the policy that was in effect during the term of this Agreement, and will cover CONSULTANT for all claims made by CITY arising out of any errors or omissions of CONSULTANT, or its officers, employees or agents during the time this Agreement was in effect.

D. Automobile coverage will be written on ISO Business Auto Coverage Form CA 00 01 06 92, including symbol 1 (Any Auto).

E. CONSULTANT will furnish to CITY duly authenticated Certificates of Insurance evidencing maintenance of the insurance required under this Agreement and such other evidence of insurance or copies of policies as may be reasonably required by CITY from time to time. Insurance must be placed with insurers with a current A.M. Best Company Rating equivalent to at least a Rating of “A:VII.” F. Should CONSULTANT, for any reason, fail to obtain and maintain the insurance required by this Agreement, CITY may obtain such coverage at CONSULTANT’s expense and deduct the cost of such insurance from payments due to CONSULTANT under this Agreement or terminate pursuant to Section 16.

G. Self-Insured Retention/Deductibles. All policies required by this Agreement must allow CITY, as additional insured, to satisfy the self-insured retention (“SIR”) and deductible of the policy in lieu of CONSULTANT (as the named insured) should CONSULTANT fail to pay the SIR or deductible requirements. The amount of the SIR or deductible is subject to the approval of the Assistant City Attorney and the Finance Director. CONSULTANT understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by CONSULTANT as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement. Should CITY pay the SIR or deductible on CITY’s behalf upon the CONSULTANT’S failure or refusal to do so in order to secure defense and indemnification as an additional insured under the policy, CITY may include such amounts as damages in any action against CONSULTANT for breach of this Agreement in addition to any other damages incurred by CITY due to the breach.

24. USE OF SUBCONTRACTORS. CONSULTANT must obtain CITY’s prior written approval to use any consultants while performing any portion of this Agreement. Such approval must approve of the proposed consultant and the terms of compensation.

25. INCIDENTAL TASKS. CONSULTANT will meet with CITY monthly to provide the status on the project, which will include a schedule update and a short narrative description of

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progress during the past month for each major task, a description of the work remaining and a description of the work to be done before the next schedule update.

26. NOTICES. All communications to either party by the other party will be deemed made when received by such party at its respective name and address as follows:

If to CONSULTANT: If to CITY:

Attention: Scott Radsick Attention: Jeff Jones
Diversified Project Services International, Inc. City of Arvin 5351 Olive Drive, Suite 100 200 Campus Drive
Bakersfield, CA 93308 Arvin, CA 93203
(661)371-2800 (661)854-3134
[email protected] [email protected]
With a copy to: Samuel Lux With a copy to: Stephanie Gutierrez, City Attorney
Diversified Project Services International, Inc. Burke, Williams & Sorensen LLP 5351 Olive Drive, Suite 100 1770 Iowa Avenue, Suite 240 Bakersfield, CA 93308 Riverside, CA 92507-2479
(661)371-2800 Phone: 951.801.6623
[email protected] Email:[email protected]
Any such written communications by mail will be conclusively deemed to have been received by the addressee upon deposit thereof in the United States Mail, postage prepaid and properly addressed as noted above. In all other instances, notices will be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph.

27. CONFLICT OF INTEREST. CONSULTANT will comply with all conflict of interest laws and regulations including, without limitation, CITY’s conflict of interest regulations.

28. SOLICITATION. CONSULTANT maintains and warrants that it has not employed nor retained any company or person, other than CONSULTANT’s bona fide employee, to solicit or secure this Agreement. Further, CONSULTANT warrants that it has not paid nor has it agreed to pay any company or person, other than CONSULTANT’s bona fide employee, any fee,

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commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Should CONSULTANT breach or violate this warranty, CITY may rescind this Agreement without liability.

29. THIRD PARTY BENEFICIARIES. This Agreement and every provision herein is generally for the exclusive benefit of CONSULTANT and CITY and not for the benefit of any other party. There will be no incidental or other beneficiaries of any of CONSULTANT’s or CITY’s obligations under this Agreement.

30. INTERPRETATION. This Agreement was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this agreement will be in Kern County.

31. COMPLIANCE WITH LAW. CONSULTANT agrees to comply with all federal, state, and local laws applicable to this Agreement.

32. ENTIRE AGREEMENT. This Agreement, and its Attachments, sets forth the entire understanding of the parties. There are no other understandings, terms or other agreements expressed or implied, oral or written. There are TWO Attachments to this Agreement. This Agreement will bind and inure to the benefit of the parties to this Agreement and any subsequent successors and assigns.

33. RULES OF CONSTRUCTION. Each Party had the opportunity to independently review this Agreement with legal counsel. Accordingly, this Agreement will be construed simply, as a whole, and in accordance with its fair meaning; it will not be interpreted strictly for or against either Party.

34. SEVERABILITY. If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Agreement will continue in full force and effect.

35. AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein. This Agreement may be modified by written amendment.

CITY’s Manager, or designee, may execute any such amendment on behalf of CITY.

36. ELECTRONIC SIGNATURES. This Agreement may be executed by the Parties on any number of separate counterparts, and all such counterparts so executed constitute one Agreement binding on all the Parties notwithstanding that all the Parties are not signatories to the same counterpart. In accordance with Government Code §16.5, the Parties agree that this Agreement, Agreements ancillary to this Agreement, and related documents to be entered into in connection with this Agreement will be considered signed when the signature of a party is delivered by electronic transmission. Such electronic signature will be treated in all respects as having the same effect as an original signature.

37. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of reference only and will not affect the interpretation of this Agreement.

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38. TIME IS OF ESSENCE. Time is of the essence for each and every provision of this Agreement.

39. FORCE MAJEURE. Should performance of this Agreement be prevented due to fire, flood, explosion, acts of terrorism, war, embargo, government action, civil or military authority, the natural elements, or other similar causes beyond the Parties’ reasonable control, then the Agreement will immediately terminate without obligation of either party to the other.

40. STATEMENT OF EXPERIENCE. By executing this Agreement, CONSULTANT represents that it has demonstrated trustworthiness and possesses the quality, fitness and capacity to perform the Agreement in a manner satisfactory to CITY. CONSULTANT represents that its financial resources, surety and insurance experience, service experience, completion ability, personnel, current workload, experience in dealing with private consultants, and experience in dealing with public agencies all suggest that CONSULTANT is capable of performing the proposed contract and has a demonstrated capacity to deal fairly and effectively with and to satisfy a public CITY.
[SIGNATURES ON NEXT PAGE]

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IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first hereinabove written.
“CONSULTANT”
Diversified Project Services International, a
California Corporation
By: ____________________________
Robert Chambers/Chairman
Date: ___________________________
“CITY”
City of Arvin, a municipal corporation
By: ______________________________
Jeff Jones City Manager
Date: ____________________________
Diversified Project Services International, a
California Corporation
By: ____________________________
Sam Lux, President
Date: ___________________________
ATTEST
By: _____________________________
Cecilia Vela, City Clerk

APPROVED AS TO FORM
Burke, Williams & Sorensen LLP
By: ____________________________
Stephanie Gutierrez, City Attorney

5.D.4
Attachment: PSA - DPSI, Inc for Construction Mgmt for Haven Dr Sewer and Road Rehab Project_102825_Redacted (PSA with DPSI, Inc. for Bakersfield • San Luis Obispo • Long Beach | www.dpsiinc.com August 29, 2025
Christine Viterelli
City of Arvin
200 Campus Drive
Arvin, CA 93203
via email: [email protected]
SUBJECT: PROPOSAL FOR SERVICES | HAVEN DRIVE SEWER AND FDR PROJECT – ARVIN,

CALIFORNIA
Dear Ms. Viterelli:

We are pleased to provide you with this proposal for construction management services for the Haven Drive Sewer and Street Improvements project in Arvin, California. The project will consist of sewer line replacements, FDR roadway replacement, and new curb, gutter, sidewalks, and ADA ramps on Haven Drive from South Comanche Drive to Meyer Street. It is our understanding that the City of Arvin has awarded the construction contract for this project to Bowman Asphalt. The City is now seeking a qualified consultant to provide comprehensive construction management services from project initiation through completion. These services include on-site inspection, Resident Engineering, verification of certified payrolls, construction staking, and materials testing. DPSI brings extensive experience in performing each of these tasks and is well-versed in managing construction projects to ensure they are delivered efficiently, effectively, and in full compliance with all requirements.

Diversified Project Services International, Inc. (DPSI) will provide the following services as described below.

SCOPE OF SERVICES
TASK 1 CONSTRUCTION MANAGEMENT
DPSI will provide construction management services in accordance with the Caltrans process and documentation requirements. This includes overseeing the construction activities to ensure compliance with project plans and specifications, coordination with the contractor, and ensuring quality control through geotechnical and materials testing.

Key Activities:
• Maintain daily construction diaries documenting work progress, issues, and resolutions. • Review and process Requests for Information (RFIs) submitted by the contractor. • Review and approve submittals to ensure compliance with design specifications.

EXHIBIT A

5.D.4
Attachment: PSA - DPSI, Inc for Construction Mgmt for Haven Dr Sewer and Road Rehab Project_102825_Redacted (PSA with DPSI, Inc. for Haven Drive Sewer and FDR Project | 250463 Page | 2
• Assist in contractor negotiations regarding change orders, schedule adjustments, and unforeseen conditions.
• Provide construction staking services, including setting points for sewer line, manholes, roadways, curb, gutter, sidewalk, and ADA ramps.
• Perform re-staking as needed due to construction activities (charged at current hourly rates). • Conduct geotechnical and materials testing in conjunction with Soils Engineering, Inc. • Provide re-testing as needed on a time and materials basis (charged at current hourly rates).

DELIVERABLES
• Daily construction management reports documenting progress and key activities. • RFI log and response documentation.
• Approved submittal log and documentation.
• Construction staking reports and records.
• Geotechnical and materials testing reports, including any re-testing documentation. • Conform Plans and Specifications (PDF)
• Final construction management summary report.

SCHEDULE
DPSI is prepared to begin this project within five (5) days of receiving your authorization to proceed and will require an estimated 120 days to complete. While every effort will be made to adhere to the schedule provided, unexpected field conditions, design constraints, or other conditions may arise that extend out the estimated schedule. DPSI will keep the client informed on any substantial changes to the scheduling for deliverables.

DPSI requires 72-hour advance notice (excluding weekends and holidays) prior to start of work to allow for mandatory written request for dispatch of apprentices.

CLARIFICATIONS AND ASSUMPTIONS
The following clarifications and assumptions apply to this proposal and are in addition to those stated in the above scope descriptions:
• No hazardous material testing or remediation is included in the scope of this proposal. • Construction management costs are estimated based on provided the plans and specifications and the assumption that the project will be constructed over 120 working days. • It is estimated nine total trips will be required for construction staking during the project.

Additional re-staking services required beyond the initial estimate will be billed separately. • Additional testing services required beyond the initial estimate will be billed separately. • Any changes to scope or schedule will be communicated to the City in advance for approval. • The client will communicate any design, budgetary, or scheduling criteria or constraints prior to work commencing, and will provide timely input and responses throughout the course of the project to facilitate the work progress.
• Deliverables will be submitted in electronic format (PDF) unless otherwise noted or requested.

EXHIBIT A

5.D.4
Attachment: PSA - DPSI, Inc for Construction Mgmt for Haven Dr Sewer and Road Rehab Project_102825_Redacted (PSA with DPSI, Inc. for Haven Drive Sewer and FDR Project | 250463 Page | 3

FEE SUMMARY

TASK DESCRIPTION TIME & MATERIALS
Task 1 Construction Management
• Project Management/Certified Payroll $20,400
• Daily On-Site Inspections $196,600
• Construction Staking $41,400
• Materials Testing $53,400
TOTAL $311,800
• The fees stated above are based on prevailing wage rates as required by the Department of Industrial Relations (DIR) for Public Works Projects. Rates reflect general prevailing wage determinations that expire 9/30/2025. The rates are subject to change to reflect increases/decreases to the general prevailing wage determinations made by the DIR. • Estimated time & materials fees may be more or less than the amount listed based on actual hours worked but will not exceed the amount listed without prior written authorization from client.
• Reimbursable expenses, including but not limited to reproduction costs, are in addition to the fees quoted above.

EXHIBIT A

5.D.4
Attachment: PSA - DPSI, Inc for Construction Mgmt for Haven Dr Sewer and Road Rehab Project_102825_Redacted (PSA with DPSI, Inc. for Haven Drive Sewer and FDR Project | 250463 Page | 4

TERMS AND CONDITIONS
This agreement consists of the scope of services, the following terms, and any exhibits or applicable documents attached. This agreement supersedes any and all prior negotiations, correspondence, or agreements either written or oral. Any changes to this agreement must be mutually agreed to in writing.

DPSI bills monthly for work in progress and payment is due no later than 30 days of receipt of the bill.

Overdue amounts will be surcharged at 18 percent per annum or 1.5 percent monthly.

If the terms of this proposal are acceptable, please sign the following acceptance and return a copy, which will serve as our notice to proceed. The fees quoted in this proposal are valid for 60 days from this date.

If you have any questions or would like clarification on the scope of services or fees outlined above, please do not hesitate to contact us. We thank you for this opportunity to offer our services.

Respectfully submitted,
DIVERSIFIED PROJECT SERVICES INTERNATIONAL, INC.

Scott Radsick, PE
Director of Civil Engineering

EXHIBIT A

5.D.4
Attachment: PSA - DPSI, Inc for Construction Mgmt for Haven Dr Sewer and Road Rehab Project_102825_Redacted (PSA with DPSI, Inc. for Haven Drive Sewer and FDR Project | 250463 Page | 5

ACCEPTANCE OF TERMS AND AUTHORIZATION TO PROCEED
Proposal Date: August 29, 2025
Project Name: Haven Drive Sewer and FDR Project
Client agrees to accept work described in this proposal letter, including all terms and conditions, to be executed as of the date noted below. Payment is NOT contingent on third-party funds. Each of the signatories below represents that he or she is authorized to enter into this agreement.

City of Arvin Diversified Project Services International, Inc.

Signature Date Signature Date
Print Name Print Name
Title Title
Billing Email:
(for electronic invoices)
Billing Address:
(if different than mailing address)
Billing Code:
(i.e. PO, AFE, NWA, etc.)
Tasks Authorized:
(All tasks authorized unless otherwise noted)

EXHIBIT A

5.D.4
Attachment: PSA - DPSI, Inc for Construction Mgmt for Haven Dr Sewer and Road Rehab Project_102825_Redacted (PSA with DPSI, Inc. for ATTACHMENT A: TERMS FOR DPSI SERVICES
These Standard Terms and Conditions, together with our proposal and any exhibits or attachments noted in the proposal, make up the agreement between Diversified Project Services International (DPSI) and Client. Together these elements will constitute the entire agreement superseding any and all prior negotiations, correspondence, or agreements either written or oral. Any changes to this agreement must be mutually agreed to in writing.

1.0 Standard of Care

1.1 Data, interpretations, and recommendations by DPSI will be based solely on information provided to DPSI. DPSI is responsible for those data, interpretations, and recommendations, but will not be responsible for other parties' interpretations or use of the information developed.

1.2 Services performed by DPSI under this agreement are expected by the Client to be conducted in a manner consistent with the level of care and skill ordinarily exercised by members of this profession practicing contemporaneously under similar conditions in the locality of the project. No other warranty, expressed or implied, is made.

1.3 The Client agrees that DPSI may use and publish the Client's name and a general description of DPSI services with respect to the project in describing DPSI experience and qualifications to other clients and prospective clients. The Client also agrees that any patentable or copyrightable concepts developed by DPSI as a consequence of service hereunder are the sole and exclusive property of DPSI.

1.4 The Client recognizes that it is neither practical nor customary for DPSI to include all construction details in plans and specifications, creating a need for interpretation by DPSI or an individual who is under DPSI supervision. The Client also recognizes that construction review permits require DPSI to identify and correct quickly and at comparatively low cost professional errors or omissions that are revealed through construction, or errors or omissions committed by others due to misinterpretation of design documents, or due to other causes. For the foregoing reasons construction review is generally considered an essential element of a complete design professional service. Accordingly, if the Client directs DPSI not to provide construction monitoring, DPSI shall not be responsible for the consequences of any of DPSI acts, errors or omissions, except for those consequences which it reasonably could be concluded that DPSI review services would not have prevented or mitigated.

1.5 Client acknowledges that DPSI is not responsible for the performance of work by third parties including, but not limited to, engineers, architects, contractors, subcontractors, or suppliers of Client.

2.0 Billing and Payment

2.1 Invoices will be submitted to Client on a weekly basis (no longer than monthly) by DPSI and will be due and payable within 30 days of receipt of invoice. If Client objects to all or any portion of any invoice, Client will so notify DPSI in writing within fourteen (14) of the invoice date, identify the cause of the disagreement, and pay when due that portion of the invoice not in dispute. The parties will immediately make every effort to settle the disputed portion of the invoice. In the absence of written notification described above, the balance as stated on the invoice will be paid.

2.2 Invoices are delinquent if payment has not been received within forty-five (45) days from receipt of invoice. Client will pay an additional charge of 1-1/2 (1.5) percent per month or 18% per year of any delinquent amount, excepting any portion of the invoiced amount in dispute and resolved in favor of Client. All time spent and expenses incurred (including any attorney's fees) in connection with collection of any delinquent amount will be paid by Client to DPSI per DPSI current fee schedule. In the event Client fails to pay DPSI within sixty (60) days after invoices are rendered, Client agrees that DPSI will have the right to consider the failure to pay DPSI invoice as a breach of this agreement.

2.3 Client agrees that if Client requests services not specified herein, Client agrees to timely pay for all such services as extra work. DPSI will notify the Client prior to performance of services which are not specified in this agreement.

2.4 Client agrees that payment to DPSI is in no way contingent on the results of work by DPSI or on the outcome of any litigation.

EXHIBIT A

5.D.4
Attachment: PSA - DPSI, Inc for Construction Mgmt for Haven Dr Sewer and Road Rehab Project_102825_Redacted (PSA with DPSI, Inc. for

2.5 Preparation and/or travel time will be charged at the hourly rate.

3.0 Additional Services

3.1 Additional services include making revisions in drawings, specifications or other documents when such revisions are: Inconsistent with approvals or instructions previously given by the Client, including revisions made necessary by adjustments in the Client's program or project budget; Required by the enactment or revision or codes, laws or regulations subsequent to the preparation of such documents.

3.2 Additional services include providing services required because of significant changes in the project including, but not limited to, size, quality, complexity, the Client's schedule, or the method of bidding or negotiating and contracting for construction.

3.3 Where unexpected developments increase the scope of work as defined herein and/or prove the assumptions of this proposal invalid, we will make a reasonable effort to contact you to discuss the effects and adjustment of cost.

4.0 Site Access and Site Conditions

4.1 Client will grant or obtain free access to the site for all equipment and personnel necessary for DPSI to perform the work set forth in this agreement. Client will notify any and all possessors of the project site that Client has granted DPSI free access to the site. DPSI will take reasonable precautions to minimize damage to the site, but it is understood by Client that, in the normal course of work, some damage may occur and the correction of such damage is not part of this agreement unless so specified in the proposal.

5.0 Ownership of Documents

5.1 All reports, maps, plans, field data, field notes, estimates and other documents, whether in hard copy or machine readable form, which are prepared by DPSI as instruments of professional service, shall remain the property of DPSI. The Client may retain copies, including copies stored on magnetic tape or disk, for information and for reference in connection with the occupancy and use of the project.

5.2 Because of the possibility that information and data delivered in machine readable form may be altered, whether inadvertently or otherwise, DPSI reserves the right to retain the original tapes/disks and to remove from copies provided to the Client all identification reflecting the involvement of DPSI in their preparation. DPSI also reserves the right to retain hard copy originals of all project documentation delivered to the Client in machine readable form, which originals shall be referred to and shall govern in the event of any inconsistency between the two.

5.3 The Client recognizes that changes or modifications to DPSI instruments of professional service introduced by anyone other than DPSI may result in adverse consequences which DPSI can neither predict nor control. Therefore, and in consideration of DPSI ' agreement to deliver its instruments of professional service in machine readable form, the Client agrees, to the fullest extent permitted by law, to hold harmless and indemnify DPSI from and against all claims, liabilities, losses, damages, and costs, including but not limited to attorney's fees, arising out of or in any way connected with the modification, misinterpretation, misuse or reuse by others of the machine readable information and data provided by DPSI under this Agreement. The foregoing indemnification applies, without limitation, to any use of the project documents on other projects, for additions to this project, or for completion of this project by others, excepting only such use as may be authorized, in writing, by DPSI.

5.4 Client agrees that all reports and other work furnished to Client or his agents, which are not paid for, will be returned upon demand and will not be used by Client or others for any purpose whatsoever.

6.0 Client Responsibilities

6.1 The Client shall provide full information including a program setting forth the Client's design objectives, constraints, and construction budget criteria.

EXHIBIT A

5.D.4
Attachment: PSA - DPSI, Inc for Construction Mgmt for Haven Dr Sewer and Road Rehab Project_102825_Redacted (PSA with DPSI, Inc. for

6.2 The Client shall furnish a legal description, a certified land survey, and the services of a soil, structural, mechanical, electrical or other engineer or consultant services, and laboratory tests, inspections, or reports as required by law or as requested by DPSI to perform the functions and services required of this agreement. The information shall be furnished at the Client's expense and DPSI shall be entitled to rely upon the accuracy and completeness thereof.

6.3 The Client shall furnish all legal, accounting and insurance counseling services as may be necessary at any time for the project, including auditing services the Client may require to verify the Contractor's Applications for Payment or to ascertain how or for what purposes the Contractor uses the moneys paid by the Client. The information above shall be furnished at the Client's expense, and DPSI shall be entitled to rely upon the accuracy and completeness thereof.

6.4 If the Client observes or otherwise becomes aware of any fault or defect in the project or nonconformance with the Contract Documents, prompt written notice shall be given by the Client to DPSI.

6.5 The Client shall furnish information and shall review DPSI work and provide decisions as expeditiously as necessary for the orderly progress of the project and of DPSI services.

7.0 Insurance

7.1 DPSI represents and warrants that it and its agents, staff and consultants employed by it, is and are protected by workman's compensation insurance and that DPSI has such coverage under public liability and property damage insurance policies which DPSI deems to be adequate. Certificates for all such policies of insurance shall be provided to Client upon request in writing. Within the limits and conditions of such insurance, DPSI agrees to indemnify and save Client harmless from and against any loss, damage or liability arising from any negligent acts by DPSI, its agents, staff, and consultants employed by it. DPSI shall not be responsible for any loss, damage or liability beyond the amounts, limits, and conditions of such insurance. DPSI shall not be responsible for any loss, damage, or liability arising from any acts by client, its agents, staff, and other consultants employed by client.

8.0 Termination

8.1 This agreement may be terminated by either party seven (7) days after written notice in the event of any breach of any provision of this agreement or in the event of substantial failure of performance by the other party, or if Client suspends the work for more than three (3) months. In the event of termination, DPSI will be paid for services performed prior to the date of termination plus reasonable termination expenses including the cost of completing analyses, records and reports necessary to document job status at the time of termination.

8.2 Failure of the client to make payments to DPSI when due in accordance with this agreement shall be considered substantial nonperformance and cause for termination. If the Client fails to make payment when due to DPSI for services and expenses, DPSI may, upon seven (7) days written notice to the client, suspend performance of services under this agreement. Unless payment in full is received by DPSI within seven (7) days of the date of the notice, the suspension shall take effect without further notice. In the event of a suspension of services, DPSI shall have no liability to the client for delay, damage, loss of agency approvals, loss of financing, interest expenses, etc. caused the Client because of such suspension of service.

9.0 Disputes Resolution

9.1 All claims, disputes, and other matters in controversy between DPSI and Client arising out of or related to this agreement will be submitted to "alternative dispute resolution" (ADR) such as mediation and/or arbitration, before and as a condition precedent to other remedies provided by law. If and to the extent Client and DPSI have agreed on methods for resolving such disputes, then such methods will be set forth in the "alternative dispute resolution agreement" which, if attached, is incorporated and made a part of this agreement.

EXHIBIT A

5.D.4
Attachment: PSA - DPSI, Inc for Construction Mgmt for Haven Dr Sewer and Road Rehab Project_102825_Redacted (PSA with DPSI, Inc. for

9.2 If a dispute at law related to the services provided under this agreement and that dispute requires litigation instead of ADR as provided upon, then:

9.2.1 The claim will be brought and tried in judicial jurisdiction of the court of the county where DPSI principal place of business is located and client waives the right to remove the action to any other county or judicial jurisdiction, and;

9.2.2 The prevailing party will be entitled to recovery of all reasonable costs incurred, including staff time, court costs, attorney's fees, and other claim related expenses.

10.0 Assigns

10.1 DPSI shall not assign this agreement in whole or in part nor shall it subcontract any portion of the work to be performed hereunder; except that DPSI may use the services of persons of entities not in our employ when it is appropriate and customary to do so. Such persons and entities include, but are not necessarily limited to, specialized consultants and testing laboratories. DPSI use of others for additional services shall not be unreasonably restricted by the client provided DPSI notifies the client in advance.

11.0 Governing Law and Survival

11.1 The law of the State of California will govern the validity of these terms, their interpretation and performance.

11.2 If any of the provisions contained in this agreement are held illegal, invalid or unenforceable, the enforceability of the remaining provisions will not be impaired. Limitations of liability and indemnities will survive termination of this agreement for any cause.

12.0 Indemnification

12.1 To the fullest extent permitted by law, both Parties shall release, protect, indemnify, and hold free and harmless each other from any and all liabilities, judgments, demands, claims, bodily injuries, damages, losses and expenses, including but not limited to reasonable attorneys’ fees and costs arising out of or resulting from or attributable in any way to injury to or death of persons, and direct damages to or loss of real or personal property, to the extent caused directly and solely by their negligent acts or omissions or for any and all direct losses due to any infringement of any proprietary interest which in whole or in part, arise out of, relate to, result from, or are connected with any infringement or violation.

EXHIBIT A

5.D.4
Attachment: PSA - DPSI, Inc for Construction Mgmt for Haven Dr Sewer and Road Rehab Project_102825_Redacted (PSA with DPSI, Inc. for

EXHIBIT B

FEDERAL CONTRACT REQUIREMENTS
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 arenot 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, subpart101-19.6); 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

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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;
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))

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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 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

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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. (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 thissection.

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

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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 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

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& 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 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.

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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.

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 ofLabor.

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

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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 Laborsuch 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 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)

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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.
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

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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 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

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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 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.
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,

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FEDERAL CONTRACT REQUIREMENTS
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.

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 standardsto 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

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• 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.

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

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FEDERAL CONTRACT REQUIREMENTS
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 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

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FEDERAL CONTRACT REQUIREMENTS
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.

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

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FEDERAL CONTRACT REQUIREMENTS
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 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 orsubcontractor 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;

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i. If the title to 50 percent of more of the stock of the Contractor or subcontractor is held subject to trust or fiduciary obligation in favor of citizens or nationals of the foreign country.
i. 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 offoreign 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.

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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 Federalfinancial 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 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)

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FEDERAL CONTRACT REQUIREMENTS
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.

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.

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FEDERAL CONTRACT REQUIREMENTS
Federal Labor Standards Provisions U.S. Department of Housing and Urban Development
Office of Labor Relations
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 f ide f ringe benefits (or cash equivalents thereof) due at t ime 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 f ide f ringe 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 f ringe 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 t ime actually worked therein: Provided, That the employer’ s payroll records accurately set forth the t ime 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 t imes by the contractor and i ts subcontractors at the site of the work in a prominent and accessible, place where i t can be easily seen by the workers. (ii) (a) Any class of laborers or mechanics which is not l isted 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 f ringe 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 f ide
f ringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.
(b) I f the contractor and the laborers and mechanics to be employed in the classification (if known), or their
representatives, and HUD or i ts designee agree on the
classification and wage rate (including the amount designated for f ringe benefits where appropriate), a report of the action taken shall be sent by HUD or i ts designee to the
Administrator of the W age and Hour Division, Employment Standards Administration, U. S. Department of Labor, W
ashington, 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 i ts designee or will notify HUD or i ts designee within the 30 -day period that additional t ime 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 i ts designee do not agree on the proposed
classification and wage rate (including the amount designated for f ringe benefits, where appropriate), HUD or i ts designee shall refer the questions, including the views of all
interested parties and the recommendation of HUD or i ts 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 i ts designee or will notify HUD or i ts designee within the 30- day period that additional t ime is necessary. (Approved by the Office of Management and Budget under OMB Control
Number 1215 -0140.)
(d) The wage rate (including f ringe 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 f rom the f i rst day on which work is performed in the classification.
(iii) W henever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a f ringe 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 f ide f ringe benefit or an hourly cash equivalent thereof.
(iv) I f the contractor does not make payments to a t rustee or other third person, the contractor may consider as part form HUD-4010 (06/2009)

5.D.4
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EXHIBIT B

FEDERAL CONTRACT REQUIREMENTS
of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona f ide f ringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis- Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of
obligations under the plan or program. (Approved by the Office of Management and Budget under OMB Control Number 1215- 0140.)

2. Withholding. HUD or i ts designee shall upon i ts own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld f rom the contractor under this contract or any other Federal contract with the same prime contractor, or any other
Federally-assisted contract subject to Davis-Bacon
prevailing wage requirements, which is held by the same prime contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, t rainees and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract In the event of failure to pay any laborer or mechanic, including any apprentice, t rainee or helper, employed or working on the site of the work, all or part of the wages required by the contract, HUD or i ts designee may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. HUD or i ts designee may, after written notice to the contractor, disburse such amounts withheld for and on account of the contractor or subcontractor to the respective employees to whom they are due. The Comptroller General shall make such
disbursements in the case of direct Davis-Bacon Act contracts.

3. (i) Payrolls and basic records. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona f ide f ringe benefits or cash equivalents thereof of the types described in Section l(b)(2 )(B) of the Davis-bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. W henever the Secretary of Labor has found under 29 CFR 5. 5 ( a)(1 )(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section l (b)(2 )(B) of the Davis- Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is f inancially responsible, and that the plan or program has been
communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors
employing apprentices or t rainees under approved programs shall maintain written evidence of the registration of
apprenticeship programs and certification of t rainee
programs, the registration of the apprentices and t rainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of Management and
Budget under OMB Control Numbers 1215 -0140 and 1215-
0017.)
(ii) ( a) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to HUD or i ts designee i f the agency is a party to the contract, but i f the agency is not such a party, the contractor will submit the payrolls to the applicant sponsor, or owner, as the case may be, for t ransmission to HUD or i ts designee. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5. 5( a)( 3)(i) except that full social security numbers and home addresses shall not be included on weekly t ransmittals.

Instead the payrolls shall only need to include an individually identifying number for each employee (e. g., the last four digits of the employee’ s social security number). The required weekly payroll information may be submitted in any form desired.

Optional Form W H-347 is available for this purpose f rom the W age and Hour Division W eb site at
http://www.dol.gov/esa/whd/forms/wh347instr.htm or i ts successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors.

Contractors and subcontractors shall maintain the full social security number and current address of each covered
worker, and shall provide them upon request to HUD or i ts designee i f the agency is a party to the contract, but i f the agency is not such a party, the contractor will submit the payrolls to the applicant sponsor, or owner, as the case may be, for t ransmission to HUD or i ts designee, the contractor, or the W age and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. I t is not a violation of this subparagraph for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for i ts own records, without weekly submission to HUD or i ts designee. (Approved by the Office of Management and Budget under OMB Control Number 1215 -0149.)
(b) Each payroll submitted shall be accompanied by a
“Statement of Compliance,” signed by the contractor or
subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and
shall certify the following:
(1) That the payroll for the payroll period contains the information required to be provided under 29 CFR 5. 5 (a)(3)(ii), the appropriate information is being maintained under 29 CFR

5. 5( a)(3)(i), and that such information is correct and complete;

5.D.4
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EXHIBIT B

FEDERAL CONTRACT REQUIREMENTS
(2) That each laborer or mechanic (including each helper, apprentice, and t rainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly f rom the full wages earned, other than permissible deductions as set forth in 29 CFR Part 3;
(3) That each laborer or mechanic has been paid not less than the applicable wage rates and f ringe benefits or cash
equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract.
(c) The weekly submission of a properly executed
certification set forth on the reverse side of Optional Form WH347 shall satisfy the requirement for submission of the “Statement of Compliance” required by subparagraph A.

3.(ii)(b).
(d) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code.
(iii) The contractor or subcontractor shall make the records required under subparagraph A. 3.(i) available for inspection, copying, or t ranscription by authorized representatives of HUD or i ts designee or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. I f the contractor or subcontractor fails to submit the required records or to make them available, HUD or i ts designee may, after written notice to the
contractor, sponsor, applicant or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action
pursuant to 29 CFR 5. 12.

4. Apprentices and Trainees.
(i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually
registered in a bona f ide apprenticeship program registered with the U. S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or i f a person is employed in his or her f i rst 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency ( where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker l isted on a payroll at an apprentice wage rate, who
is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed.

In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which i ts program is registered, the ratios and wage rates (expressed in percentages of the
journeyman’ s hourly rate) specified in the contractor’ s or subcontractor’ s registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice’ s level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid f ringe benefits in accordance with the
provisions of the apprenticeship program. I f the
apprenticeship program does not specify f ringe benefits, apprentices must be paid the full amount of f ringe benefits l isted on the wage determination for the applicable
classification. I f the Administrator determines that a different practice prevails for the applicable apprentice classification, f ringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship
program, the contractor will no longer be permitted to
utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved.
(ii) Trainees. Except as provided in 29 CFR 5. 16, t
rainees will not be permitted to work at less than the
predetermined rate for the work performed unless they are employed pursuant ‘ , to and individually registered in a program which has received prior approval, evidenced by formal
certification by the U. S. Department of Labor, Employment and Training Administration. The ratio of t rainees to
journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training
Administration. Every t rainee must be paid at not less than the rate specified in the approved program for the t rainee’ s level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination.

Trainees shall be paid f ringe benefits in accordance with the provisions of the t rainee program. I f the t rainee program does not mention f ringe benefits, t rainees shall be paid the full amount of f ringe benefits l isted on the wage determination unless the Administrator of the Wage and Hour Division
determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full f ringe benefits for apprentices. Any employee l isted on the payroll at a t rainee rate who is not registered and participating in a t raining plan approved by

5.D.4
Attachment: PSA - DPSI, Inc for Construction Mgmt for Haven Dr Sewer and Road Rehab Project_102825_Redacted (PSA with DPSI, Inc. for Previous editions are obsolete form HUD-4010 (06/2009)

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EXHIBIT B

FEDERAL CONTRACT REQUIREMENTS
the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage
determination for the work actually performed. In addition, any t rainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the
Employment and Training Administration withdraws approval of a t raining program, the contractor will no longer be permitted to utilize t rainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved.
(iii) Equal employment opportunity. The utilization of
apprentices, trainees and journeymen under 29 CFR Part 5 shall be in conformity with the equal employment opportunity
requirements of Executive Order 11246, as amended, and 29 CFR Part 30.

5. Compliance with Copeland Act requirements. The
contractor shall comply with the requirements of 29 CFR Part 3 which are incorporated by reference in this contract

6. Subcontracts. The contractor or subcontractor will insert in any subcontracts the clauses contained in subparagraphs 1 through 11 in this paragraph A and such other clauses as HUD or i ts designee may by appropriate instructions require, and a copy of the applicable prevailing wage decision, and also a clause requiring the subcontractors to include these clauses in any lower t ier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower t ier subcontractor with all the contract clauses in this paragraph.

7. Contract termination; debarment. A breach of the
contract clauses in 29 CFR 5. 5 may be grounds for termination of the contract and for debarment as a
contractor and a subcontractor as provided in 29 CFR 5.

12. 8. Compliance with Davis-Bacon and Related Act Requirements.

All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein
incorporated by reference in this contract

9. Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this
contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of i ts subcontractors) and HUD or i ts designee, the U. S.

Department of Labor, or the employees or their
representatives.

10. (i) Certification of Eligibility. By entering into this contract the contractor certifies that neither i t ( nor he or she) nor any person or f i rm who has an interest in the contractor’ s f i rm is a person or f i rm ineligible to be awarded Government contracts by virtue of Section 3 (a) of the DavisBacon Act or 29 CFR 5.12(a)(1 ) or to be awarded HUD contracts or participate in HUD programs
pursuant to 24 CFR Part 24.
(ii) No part of this contract shall be subcontracted to any person or f i rm ineligible for award of a Government contract by virtue of Section 3 (a) of the Davis-Bacon Act or 29 CFR

5. 12( a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24.
(iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. Additionally, U. S. Criminal Code, Section 1 01 0, Title 18, U.S.C., “Federal Housing Administration t ransactions”, provides in part: “W hoever, for the purpose of . . . influencing in any way the action of such Administration..... makes, utters or publishes any statement knowing the same to be false..... shall be f ined not more than $5, 000 or imprisoned not more than two
years, or both.”

11. Complaints, Proceedings, or Testimony by
Employees. No laborer or mechanic to whom the wage, salary, or other labor standards provisions of this Contract are applicable shall be discharged or in any other manner
discriminated against by the Contractor or any subcontractor because such employee has f i led any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this Contract to his employer.

B. Contract Work Hours and Safety Standards Act. The
provisions of this paragraph B are applicable where the amount of the prime contract exceeds $100,000. As used in this paragraph, the terms “laborers” and “mechanics” include watchmen and guards. (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 the individual is employed on such work to work in excess of 40 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 40 hours in such workweek.
(2) Violation; l iability for unpaid wages; l iquidated damages. In the event of any violation of the clause set forth in subparagraph (1 ) of this paragraph, the contractor and any subcontractor responsible therefor shall be l iable for the unpaid wages. In addition, such contractor and subcontractor shall be l iable 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 l iquidated damages.

Such l iquidated 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 subparagraph ( 1) of this paragraph, 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 40 hours without payment of the overtime wages required by the clause set forth in sub paragraph ( 1) of this paragraph.

5.D.4
Attachment: PSA - DPSI, Inc for Construction Mgmt for Haven Dr Sewer and Road Rehab Project_102825_Redacted (PSA with DPSI, Inc. for Previous editions are obsolete form HUD-4010 (06/2009)

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EXHIBIT B

FEDERAL CONTRACT REQUIREMENTS
(3) Withholding for unpaid wages and l iquidated
damages. HUD or i ts designee shall upon i ts own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, f rom 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 contract, or any other Federally- assisted contract subject to the Contract W ork 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 l iabilities of such contractor or subcontractor for unpaid wages and l iquidated damages
as provided in the clause set forth in subparagraph (2) of this paragraph.
(4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in subparagraph ( 1) through (4 ) of this paragraph and also a clause requiring the subcontractors to include these clauses in any lower t ier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower t ier
subcontractor with the clauses set forth in subparagraphs (1) through ( 4) of this paragraph.

C. Health and Safety. The provisions of this paragraph C are applicable where the amount of the prime contract exceeds $100,000. (1) No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as
determined under construction safety and health standards promulgated by the Secretary of Labor by regulation.
(2) The Contractor shall comply with all regulations issued by the Secretary of Labor pursuant to Title 29 Part 1926 and failure to comply may result in imposition of sanctions pursuant to the Contract W ork Hours and Safety Standards Act, (Public Law 91- 54, 83 Stat 96). 40 USC 3701 et seq.
(3) The contractor shall include the provisions of this paragraph in every subcontract so that such provisions will be binding on each subcontractor. The contractor shall take such action with respect to any subcontractor as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions

5.D.4
Attachment: PSA - DPSI, Inc for Construction Mgmt for Haven Dr Sewer and Road Rehab Project_102825_Redacted (PSA with DPSI, Inc. for

Page 1 of 1 ends

Staff Report re First Amendment to Agreement No. G244014-A1

CITY OF ARVIN
Staff Report
Meeting Date: October 28, 2025
TO: Honorable Mayor, Mayor Pro Tem and Members of City Council FROM: Stephanie Gutierrez, City Attorney
Jeff Jones, City Manager / Finance Director
SUBJECT: First Amendment to Agreement No. G244014-A1 Between the City of Arvin and the San Joaquin Valley Unified Air Pollution Control District BACKGROUND:

In March 2025, the City and the San Joaquin Valley Unified Air Pollution Control District (“District”) entered into a Grant Agreement for the purposes of funding the Arvin Road Improvements and Bike Lane Installations Project (“Grant Agreement”). The funding is intended for bike lane installations, street improvements (curb, gutter, new sidewalks, and sidewalk gap closures) and to transform key sections of South Comanche Drive, South A Street, and South Derby Street in the City.

As a reimbursable Grant, the District understands the City’s liquidity restraints and the need to seek alternative funding sources to meet its obligations of this Agreement. The District and City have agreed to clarify that the City of Arvin may utilize bridge loan financing to cover Eligible Project Costs, as defined in the Grant Agreement, incurred prior to the disbursement of Grant funds. The First Amendment to the Grant Agreement is attached as Exhibit A.

STAFF RECOMMENDATION:

Authorize the City Manager to execute the First Amendment to Agreement No. G244014-A1 Between the City of Arvin and the San Joaquin Valley Unified Air Pollution Control District.

FINANCIAL IMPACT:

There is no anticipated financial impact related to the execution of this ATTACHMENTS:

Exhibit A - First Amendment to Agreement No. G244014-A1 Between the City of Arvin and the San Joaquin Valley Unified Air Pollution Control District Exhibit B - Agreement No. G244014-A1 Between the City of Arvin and the San Joaquin Valley Unified Air Pollution Control District

5.E.1
Attachment: Staff Report - SJVUAPD First Amend to Agr. No. G-244014-A1 Arvin Rd Imp and Bike Lane Install Project_102825 (First 1 FIRST AMENDMENT TO
AGREEMENT NO. G-244014-A1

THE CITY OF ARVIN AND

SAN JOAQUIN VALLEY UNIFIED AIR POLLUTION CONTROL DISTRICT THIS FIRST AMENDMENT (“Amendment”) is made and entered into on October 28, 2025, by and between the CITY OF ARVIN, a general law city and municipal corporation (“CONTRACTOR”), and San Joaquin Valley Unified Air Pollution Control District, a unified air pollution control district formed pursuant to California Health and Safety Code section 40150 et seq. (“DISTRICT”). CONTRACTOR and DISTRICT may be referred to, individually or collectively, as “party” or “parties.”

RECITALS
A. CONTRACTOR and DISTRICT entered into a grant funding agreement effective March 11, 2025 (“Agreement”) for the Arvin Road Improvements and Bike Lane Installations Project.

The Agreement is for a Term of 2 years.

B. CONTRACTOR shall only be reimbursed for eligible items identified in the Eligible Project Costs, attached to the Agreement as Exhibit C.

C. Due to CONTRACTOR’s liquidity constraints, the Parties now desire to amend the Agreement to clarify the City of Arvin may utilize bridge loan financing to cover Eligible Project Costs incurred prior to the disbursement of grant funds.

AGREEMENT

1. AMENDMENTS. Pursuant to Section 21 of Agreement No. G-244014-A1 (“Agreement”), the following sections are amended to read:

6. FUNDING
The total obligation of District under this Agreement shall not exceed Five Million, Eight Hundred Eighty-Two Thousand, Six Hundred Thirty Dollars ($5,882,630) and shall only be for eligible items identified in the Eligible Project Costs; attached hereto and incorporated herein as Exhibit C, for Contractor’s part in the Project. Contractor will only be reimbursed for eligible work and services performed and eligible equipment purchased on or after execution of this contract.

During the Project Term, if it is determined that the Contractor fails to complete the project in accordance with this agreement, including maintain all records and completing all reports in accordance with this agreement, the District shall have the right to demand of Contractor the repayment to District of any and all funds disbursed to Contractor under this Agreement.

Contractor shall refund any such funds within ninety (90) days upon demand from District.

Contractor may utilize bridge loan financing to pay for Eligible Project Costs incurred prior to Contractor’s request for reimbursement of Eligible Project Costs, provided that:

1. The bridge loan is used solely to finance activities that are reimbursable under this Agreement and are necessary to maintain project timelines or continuity.

2. The bridge loan must be short-term in nature, not exceeding 12 months, and must be repaid to the lender promptly upon receipt of grant funds.

AGREEMENT NO. ____________

5.E.2
Attachment: SJVUAPD - First Amend to Agr. No. G-244014-A1 Arvin Rd Imp and Bike Lane Install Project_102825 (First Amendment to Agmt 2 3. Contractor shall disclose the terms of the bridge loan to the District, including the lender, interest rate, repayment schedule, and any collateral or guarantees.

4. The bridge loan must comply with all applicable laws, regulations, and the terms of this Agreement. Contractor shall ensure that the use of bridge financing does not create any conflict of interest or violate procurement standards.

5. District shall not be liable for any fees, costs, interest, or penalties associated with the bridge loan. Contractor assumes full responsibility for repayment and any associated risks.

6. Any fees, costs, interest or penalties associated with the bridge loan are not Eligible Project Costs, and shall not be reimbursable from grant funds as Eligible Project Costs.

7. Contractor shall maintain complete and accurate records of all bridge loan transactions and provide such documentation upon request by the District.

8. In accordance with Section 8, Payments, the Contractor shall, with each payment request following the initial claim, provide documentation demonstrating that the grant funds reimbursed under the immediately preceding claim were applied toward repayment of the principal balance of the bridge loan.

2. ELECTRONIC SIGNATURES. This First Amendment may be executed by the Parties on any number of separate counterparts, and all such counterparts so executed constitute one agreement binding on all the parties notwithstanding that all the parties are not signatories to the same counterpart. In accordance with Government Code §16.5, the parties agree that this First Amendment, agreements ancillary to this First Amendment, and related documents to be entered into in connection with this First Amendment will be considered signed when the signature of a party is delivered by electronic transmission. Such electronic signature will be treated in all respects as having the same effect as an original signature.

3. COUNTERPARTS. This Amendment may be executed in any number or counterparts, each of which will be an original, but all of which together constitutes one instrument executed on the same date.

4. AGREEMENT IN FULL EFFECT. Except as modified by this First Amendment, all other terms and conditions of Agreement No. G-244014-A1 remain the same. [SIGNATURES ON NEXT PAGE]

5.E.2
Attachment: SJVUAPD - First Amend to Agr. No. G-244014-A1 Arvin Rd Imp and Bike Lane Install Project_102825 (First Amendment to Agmt 3 IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written.
“DISTRICT”
San Joaquin Valley Unified Air Pollution
Control District
By: ____________________________
Amy Shuklian, Governing Board Chair
Date: ___________________________
“CONTRACTOR”
City of Arvin, a municipal corporation
By: ______________________________
Jeff Jones, City Manager
Date: ____________________________
Recommended for approval:

San Joaquin Valley Unified Air Pollution
Control District
By: _____________________________
Samir Sheikh, Executive Director/APCO
ATTEST
By: _____________________________
Cecilia Vela, City Clerk

APPROVED AS TO FORM
San Joaquin Valley Unified Air Pollution
Control District
By: ____________________________
Annette A. Ballatore, District Counsel
Approved as to accounting form:

San Joaquin Valley Unified Air Pollution
Control District
By: ____________________________
Mario Orosco, Director of Administrative
Services

APPROVED AS TO FORM
Burke, Williams & Sorensen LLP
By: ____________________________
Stephanie Gutierrez, City Attorney

5.E.2
Attachment: SJVUAPD - First Amend to Agr. No. G-244014-A1 Arvin Rd Imp and Bike Lane Install Project_102825 (First Amendment to Agmt

5.E.3
Attachment: 2025-04 SJVUAPCD - G-244014-A1 Arvin Rd Imp and Bike Lane Install Project(s) - AB617_021125 (First Amendment to Agmt No.

5.E.3
Attachment: 2025-04 SJVUAPCD - G-244014-A1 Arvin Rd Imp and Bike Lane Install Project(s) -

5.E.3
Attachment: 2025-04 SJVUAPCD - G-244014-A1 Arvin Rd Imp and Bike Lane Install Project(s) - AB617_021125 (First Amendment to Agmt No.

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Staff Report – Authorize City Manager to apply for TDA Funds_102825.

CITY OF ARVIN
Staff Report
Meeting Date: October 28, 2025
TO: Arvin City Council
FROM: Jeff Jones, City Manager / Finance Director
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARVIN AUTHORIZING THE CITY MANAGER TO APPLY FOR MILLS-ALQUISTDEDDEH (TDA) ACT FUNDS.

BACKGROUND / DISCUSSION:

The Mills-Alquist-Deddeh Act, also known as the Transportation Development Act (TDA), was enacted in 1971 by the California Legislature to improve public transportation services in California. TDA revenues are allocated to transit agencies through both a population-based formula and transit operator revenue targets, referred to as the farebox recovery ratio. TDA has two major funding sources, the Local Transportation Fund (LTF) and the State Transit Assistance (STA).

Pursuant to the provisions of the TDA, as amended, and pursuant to the applicable rules and regulations hereunder (Public Utilities Code Section 99200 et seq; 21 Cal. Admin. Code Sections 6600 et seq.) a prospective claimant wishing to receive an allocation from the LTF or the STA Fund shall file its claim with the Kern County Council of Governments.

Arvin Transit provides fixed route and Americans with Disabilities (ADA) bus service to the City of Arvin and other areas within the County of Kern. TDA allows a certain portion of those funds to be retained by the City for administration purposes, and a certain amount may be retained for pedestrian and bicycle transportation improvements. The remaining funds, after meeting the needs of local transit systems and addressing any unmet transit needs, may be allocated to the City and County for road maintenance in accordance with the formula established under Article 4 of the TDA.

FISCAL IMPACT:

This is a revenue item in the Fiscal Year 2025-2026 budget for the transportation department. No impact on the City's general fund is anticipated.

RECOMMENDATION:

Staff recommends that the City Council adopt the resolution authorizing the City Manager to submit TDA claim and execute all associated documents for the City’s transit projects for FY 2025-2026 with the Kern Council of Governments.

ATTACHMENTS:

Resolution authorizing the City Manager to submit TDA claim TDA Claim Form
CHP Compliance Certificate
Notice of Public Meeting -Unmet Transit Needs

5.F.1
Attachment: Staff Report Auth City Manager to Apply for Mills-Alquist-Deddeh (TDA) Funds_102825 (TDA funds reimbursement FY 25-26)

Page 1 of 2 ends

TDA Transit grant funds
RESOLUTION NO. ___________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARVIN
AUTHORIZING THE CITY MANAGER TO APPLY FOR MILLSALQUIST-DEDDEH (TDA) ACT FUNDS WHEREAS, Public Utilities Code §§ 99200, et seq., known as the Mills-Alquist-Deddeh Act also known as the Transportation Development Act (“TDA”), allocates funds to local entities from the Local Transportation Fund and the State Transit Assistance Fund for various transportation purposes; and
WHEREAS, entities in Kern County that wish to receive funding from the Local Transportation Fund or the State Transit Assistance Fund must file their requests with the Kern Council of Governments (KernCOG) pursuant to the provisions of the TDA and California Code of Regulations (“CCR”), Title 21, §§ 6600, et seq.; and WHEREAS, the City of Arvin currently provides public transportation within the jurisdiction through existing bus services provided by the City of Arvin Transit Department, thereby reasonably meeting its transportation needs for the Fiscal Year 2025-2026; and WHEREAS, the City of Arvin’s general fund needs reimbursement for funding provided to be provided to its Transit Dept. during Fiscal Year 2025-2026 in the amount of $1,049,549.

NOW, THEREFORE, BE IT RESOLVED THAT: The City Council of the City of Arvin does hereby as follows:

1. Verifies that the above recitals are true and correct;

2. The Arvin City Council hereby authorizes the City Manager to file a claim and any other ancillary documents thereto, for Fiscal Year 2025-2026 in the amount of $1,049,549; and to accept on behalf of the City any funds received from KernCOG based on this claim
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 28th day of October, 2025.

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST
CECILIA VELA, City Clerk

5.F.2
Attachment: 25-26 TDA reso (TDA funds reimbursement FY 25-26)

Page 2 of 2 ends

TDA Transit grant funds

CITY OF ARVIN
By:

OLIVIA CALDERON, Mayor
APPROVED AS TO FORM:

By:
, City Attorney
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.

5.F.2
Attachment: 25-26 TDA reso (TDA funds reimbursement FY 25-26)

5.F.3
Attachment: CHP certificate 2025 (TDA funds reimbursement FY 25-26)

PUBLIC HEARING NOTICE

TRANSIT UNMET NEEDS HEARING
The Arvin City Council will hold a public hearing on Tuesday, April 08, 2025, at 6:00p.m., to receive comments related to unmet and reasonable transit needs in the City of Arvin and the surrounding county areas serviced by the Arvin Transit System.

Kern Council of Governments is required to define “unmet needs” and “reasonable to meet”, and has defined them as follows:

Unmet Need:

An unmet need exists if an individual of any age or physical condition is unable to transport himself or herself due to deficiencies in the existing transportation system. Excluded are: 1) those requests for minor operation improvements, and 2) those improvements funded and scheduled for implementation, in the following fiscal year.

Reasonable to Meet:

A. Operational feasibility- The requested improvement must be safe to operate and there must be adequate roadways for transit vehicles.

B. Duplication of Service- The proposed service shall not duplicate other transit services.

C. Timing- The proposed service shall be in response to an existing, rather than a future need.

D. Service must meet the legally required farebox ratio. (Public Utilities Code Sections 99268.2, 99268.5 and 21 CCR Sections 6633.2, 6633.5 with fares close to fares of similar service.)
Citizens unable to attend the meeting may submit written and/or electronic comments up until 12:00 pm on the date of the meeting to the City Clerk, City of Arvin, 200 Campus Drive, Arvin, CA 93203, [email protected].

Cecilia Vela, City Clerk
Posted: February 27, 2025
City Council of the City of Arvin Public Hearing Information Date: April 08, 2025
Time: 6:00 PM
Place: City of Arvin Council Chambers
200 Campus Drive, Arvin, CA 93203

5.F.4
Attachment: Notice of Public Hearing - Unmet Transit Needs 2025 English and Spanish_City Council April 08, 2025 (TDA funds reimbursement

NOTICIA DE AUDIENCIA PUBLICA

ASUNTO A TRATAR

NECESIDADES DE TRANSPORTE URBANO INCUMPLIDAS
El consejo de la Ciudad de Arvin conducira una audiencia publica el 08 de abril de 2025 a las 6:00 de la tarde. El proposito es para recibir comentarios del publico en general relacionados con las necesidades razonables de transporte urbano e incumplidas en la Ciudad de Arvin y otras poblaciones del condado de Kern, en las cuales el sistema de transporte urbano de la Ciudad de Arvin presta el servicio.

El Consejo de Gobernacion del Condado de Kern define “necesidades incumplidas” y “razonable de satisfacer” de la signiente manera:

Necesidad Incumplida:

Una necesidad incumplida existe, si una persona de cualquier edad o condicion fisica no es capaz transportarse por si mismo o por si misma debido a las deficiencias en el actual sistema de transporte urbano.

Excluyendo: 1) Peticiones menores para mejoras operacionales, y 2) Mejoras ya financiadas y programadas para su implementacion en el siguiente año fiscal.

Razonable de Satisfacer:

A. Viabilidad Operacional: Las Mejoras solicitadas deberan ser seguaras de operar y deben existir caminos adecuados para el transito vehicular.

B. Duplicacion de Servicio: El servicio que se proponga no debe duplicar otros servicios de transporte urbano.

C. Intervalos de Tiempo: El servicio propuesto debe ser en respuesta a una necesidad existente en lugar de a una necesidad futura.

D. El servicio debe cumplir con la racion legalmente establecida por ley, esto quiere decir que por cada Dolar que se invierta en el Sistema de Transporte Urbano un porcentage de cada dolar debe ser recuperado en las tarifas que se cobren, como se estipula en la Secciones 99268.2, 99268.5 del Comision de Utilidades Publicas pos sus siglas en Ingles (PUC) y en las Secciones 6633.2, 6633.5 del Codigo Administrativo de California pos sus siglas en Ingles (CAC) con cobros cercanos a tarifas para un servicio similar.

Personas incapaces de asistir pueden someter comentarios escritos y/o electrónicos hasta las 12:00p.m. en la fecha de la reunión. Atencion: City Clerk, City of Arvin, 200 Campus Drive, Arvin, CA 93203, [email protected].

Cecilia Vela, City Clerk
Publicado: 27 de febrero de 2025
Consejo de la Ciudad de Arvin - Audiencia Publica
Fecha: 08 de abril de 2025
Hora: 6:00 PM
Lugar: Cámara del Consejo de la Ciudad de Arvin
200 Campus Drive, Arvin, CA 93203

5.F.4
Attachment: Notice of Public Hearing - Unmet Transit Needs 2025 English and Spanish_City Council April 08, 2025 (TDA funds reimbursement Kern Council of Governments

TRANSPORTATION DEVELOPMENT ACT
, PUBLIC TRANSIT CLAIM
2025-2026
PART 1 OF 8.. CLAIMANT TNFORMATION
l. Claimant lnformation
Agency:

Mailing Address:

Office Address.

City, State, Zip
Telephone:
200 Campus Drive
Arvin, CA 93203
(661) 854-3134
Jeff Jones
City Manager and Finance Director
Administration
P.O Box 548
ll. Contact Person
Name:

Title:

Department:

Mailing Address:

Office Address:

City, State, Zip
Telephone:

FAX:

E-Mail:

WEB Site:
200 Campus Drive
Arvin, CA 93203
(661) 854-0817
www.arvin.oro
P.O Box 548
(661) 854-3134

5.F.5
Attachment: FY 26 TDA claim (TDA funds reimbursement FY 25-26) Kern Council of Governments

TRANSPORTATION DEVELOPMENT ACT

PUBLIC TRANSIT CLAIM
PART 2 OF 8 - CLAIM AND ASSURANCES
For Fiscal Year 2025-2026
A. CLAIM: The City of Arvin hereby claims Local Transportation FundandStateTransitnsforihe2o25-2o26fiscalyearplus all unencumbered funds and/or deferred revenues held in its local treasury for public transit uses.

B. COMPLIANCE
ASSURANCES. The City of Arvin hereby certifies that, as a condition of receivingfundspursuan2o0,ei.seq.,andCaliforniaCodeof Regulations Sections 6600, et. seq., as amended, it shall ensure that:

1. All funds will be expended in compliance with the requirements of California Public Utilities Code Sections 99200 through 99408, California Code of Regulations Sections 6600 through 6756 and Kern Council of Governments' Transportation Development Act Rules and Regulations.

2. All funds will be expended in accordance with the budgets described in Part 6 of this claim, attached hereto and made a part hereof, by this reference.

These assurances are given in consideration of and the for the purpose of obtaining any and all funds apportioned and allocated for public transit purposes pursuant to Public Utilities Codes, Division 10, part 11, Chapter 4 of the State of California.

The person whose signature appears below has been authorized to provide the assurances cited above and to prepare, submit and execute this claim on behalf of:

Jeff Jones, City Manager
Title
C. FINANCIAL
ASSURANCES: As the chief financial officer of the City of Arvin lherebyattesttothereasonablenessandaccuracyofthefinancialint declare it to be consistent with the uniform system of accounts and records adopted by the Controller of the State of California. goIr-.lzj
Date
City of Arvin
Claimant
Jeff Jones, City Manager/Finance Director

5.F.5
Attachment: FY 26 TDA claim (TDA funds reimbursement FY 25-26) Kern Council of Governments
PART 3 OF 8--PROJECTED PUBLIC TRANSIT RESOURCES
For Fiscal Year 2025-2026
CLAIMANT: City of Arvin
t. FY 2023-2024 PROJECTED AVATLABLE RESOURCES (ACTUAL)
A. Deferred Revenues -- unexpended prior year cash receipts held in the claimant's treasury as of June 30,2024 (from the most recent audit report) B. Unreserved/Unrestricted Retained Earnings
C. lnterest Earnings -- interest earnings on claimant cash balances through June 30, 2024
D. Federal Grants & Reimbursements (Source & Amount):

1. FTA Planning Assistance

2. F\A Operating Assistance

3. FTA Capital Assistance

4. E. State Grants & Reimbursements (Source & Amount):

F. Local Cash Grants & Reimbursements (Source & Amount)

1. LTF--Regional Planning (PUC 99262)

2. LTF--Operations/Capitat (PUC 99260a)

3. LTF--Capital Reserve Withdrawt (CCR 6648)

4. LTF--Social Service Transit (PUC 99275)

5. LTF--Contracted/Purchased Transit Services (pUC 99 00c)

6. STAF--Operations (CCR 6730a)

7. STAF--Capital (CCR 6730b)

8. STAF--Contracted/Purchased Transit Services (CCR 6731b)

9. STAF--SocialService Transit (CCR 673ic)

10. County of Kern--Service Contract(s)

11. G. Operating Revenues:

1. Passenger Fares

2. Special Fares

3. School Bus Service

4. Freight Tariffs

5. Charters
H. Other Revenues (Source & Amount):

1. Miscellaneous

2. L TOTAL FY 2024-2025 PROJECTED AVAILABLE RESOURCES -- enter here and Parl 4, Line J (Sections A+B+C+D+E+F+G+H)
155,0'19.00

1. 2.
34,820.00
299,732.00
890,000.00
51,212.00
794,00
1,431,577 .00

5.F.5
Attachment: FY 26 TDA claim (TDA funds reimbursement FY 25-26) CLAIMANT:

Kern Council of Governments
PART 4 OF 8--PROJECTED PUBLIC TRANSIT EXPENSES
For Fiscal Year 2024-2025
City of Arvin
J. TorAL FY 2024-2025 PROJECTED AVATLABLE RESOURCES (From part 3, Line t) II. FY 2024-FY2O25 PROJECTED EXPENSES & USES (ACTUAL RESULTS) K. Personnel:
'1. Administrative Salaries & Wages

2. Operating Salaries & Wages
3 Other Salaries & Wages
4 Fringe Benefits
L. Services & Supplies:

1. Professional Services

2. Maintenance Services

3. Other Services

4. Vehicle Maintenance & Supplies

5. Utilities (inctuding electricity for electric buses)

6. lnsurance

7. Purchased Transportation Services

8. Miscellaneous

9. Expense & lnter-fund Transfers

10. lnterest
1 1. Lease & Rentals

12. Other
M. Capital Assets (ltemize by Object & Amount):
1,431,577.00
--4-'54"50-6^0-0-
294,817.00
5,019.00
39,156.00
169,744.0_0
3,530.00
82,537.00

1. 2.

3. 4.

5. N. Other Uses (Object & Amount):

1. Regional Planning Contribution (from FY 2024-2025 TDA Estimate)

2. O. FY 2024-2025 PROJECTED EXPENSES & USES (Sections K+L+M+N) P. DEFERRED REVENUES AND AVAILABLE RESERVES AS oF JUNE 30, 2025-- enteT here and on Line A, Part 5 (Sections J-O)
34,820.00
1,431,403.00
1,332.00
174.00

5.F.5
Attachment: FY 26 TDA claim (TDA funds reimbursement FY 25-26) Kern Council of Governments
PART 5 OF 8--BUDGETED PUBLIC TRANSIT RESOURCES
For Fiscal Year 2025-2026
CLAIMANT: City of Arvin
I. FY 2024-2025 NONCURRENT TDA & OTHER BUDGETED RESOURCES A. Deferred Revenues & Available Reserves-- unexpended prior year cash receipts and reserves held in the claimant's treasury as of June go,2o2s (From parL4, Line p) B. lnterest Earnings--interest earnings on claimant cash balances through June 30, 2025 C. Federal Grants and Reimbursements.
'1. FTA Ptanning Assistance

2. FTA Operating Assistance

3. FTA Capital Assistance

4. TIRCP/ZETCP Grant
D. State Grants and Reimbursements (Source/Amount):
174.00
1 18,415.00
---l%7ol oo

1. 2.

E. Non-TDA Local Cash Grants and Reimbursement (Source/Amount):
1 2.

F. Operating Revenues:

1. Passenger Fares

2. Special Fares

3. School Bus Service

4. Freight Tariffs

5. Charters
G. Other Revenues (Source/Amount):

1. 30,000.00
l. FY 2025-2026 NONCURRENT TDA & OTHER BUDGETED RESOURCES--enter here and on Part 6, Line J (Sections A+B+C+D+E+F+G) $323,992

2. 5.F.5
Attachment: FY 26 TDA claim (TDA funds reimbursement FY 25-26) CLAIMANT:

Kern Council of Governments
PART 6 OF S..BUDGETED PUBLIC TRANSIT EXPENSES
For Fiscal Year 2025-2026
City of Arvin
J. FY 2025-2026 NONCURRENT TDA & OTHER BUDGETED RESOURCES (FTom Part 5, Line l)
II. FY 2025-2026 BUDGETED EXPENSES & USES
K. Personnel:

1. Administrative Salaries & Wages
2 Operating Salaries & Wages
3 Other Salaries & Wages

4. Fringe Benefits
L. Services & Supplies:

1. Professional Services

2. Maintenance Services

3. Other Services

4. Vehicle Maintenance & Supplies

5. Utilities including electric bus needed

6. lnsurance

7. Purchased Transportation Services

8. Miscellaneous

9. Expense & lnter-fund Transfers
1 0. lnterest
1'1. Lease & Rentals

12. Other
M. Capital Assets (ltemize and identify funding source - i.e., TDA, FTA 031,1, CMAe):
$323,992
548,575.00
337,091.00
17,000.00
20,000.00
145,912.00
3,677.00
57,850.00

1. 2.

3. 4.

5. N. Other Uses:

1. Regional Planning Contribution (from most recent TDA estimate)

2. Capital Outlay Reserve Contribution
O. FY 2025-2026 BUDGETED EXPENSES & USES (Sections K+L+M+N) $37,094
$1,373,541
43,000.00
73,042.00
P. FY 2025-2026 UNFUNDED BALANCE (Line J-O) ($1,049,549)

5.F.5
Attachment: FY 26 TDA claim (TDA funds reimbursement FY 25-26) Kern Council of Governments
PART 7 OF 8--TDA FUNDING CLAIM
For Fiscal Year 2025-2026
CLAIMANT: City of Arvin
l. FY 2024-2025 UNFUNDED BALANCE (From part 6, Line p)
II FY 2024-2025 TDA TRANSIT FUNDING CLAIM
($1,049,549)
'1 LTF--Regional Planning (PUC 99262) (Same as part 6, Line Nl) $37,094

2. LTF--Operations/Capital (PUC 99260a)

3. LTF--Capital Reserve Withdrawat (CCR 6648)

4. LTF--Social Service Transit (PUC 99275)

5. LTF--Contracted/Purchased Transit Services (pUC 9g400c)

6. LTF--Capital Res. Contrib.(CCR 6648) (Same as part 6, Line N2)

7. STAF--Operations (CCR 6730a)

8. STAF--Capital (CCR 6730b)

9. STAF--Contracted/Purchased Transit Services ( CCR 6731b)

10. STAF--SocialService Transit (CCR 673'1c)

11. -B.o-iZa'ss
lll. FY 2025-2026 TDA FUNDING CLAIM (Should equat line l) $1,049,549 UNEXPENDED RESOURCES AS OF JUNE 30,2026 (Line |+Line III)(ShouId be $O)

12. $0

5.F.5
Attachment: FY 26 TDA claim (TDA funds reimbursement FY 25-26) Kern Council of Governments
PART 8.2 OF 8..SYSTEM CHARACTERISTICS QUESTIONNAIRE
For Fiscal Year 2025-2026
(NOTE: Place an "X" in the proper column)
Question

1. Have all recommendations for corrective actron from fl-re independent financial audit report been implemented ? lF NO, PLEASE

SUBMIT A CORRECTIVE ACTION PLAN COVERING EACH

RECOMMENDATION NOT ADDRESSED

2. Have all recommendations for corrective action from the Fy 2o1g-2oi g performance audit report been implemented ? lF NO, PLEASE SUBMIT A

CORRECTIVE ACTION PLAN COVERING EACH RECOMMENDATION

NO ADDRESSED,

3. Have all past transportation development plan recommendations been implemented ? lF NO, PLEASE SUBMTT A CORRECTTVE ACTTON PLAN COVERING EACH RECOMMENDATION NOT ADDRESSED.

4. Does the claimant maintain it's financial records in accordance with the california State controller's approved "uniform system of accounts and records ?

5. Has the claimant submitted it's "Annual Report of Financial Transactions of rransit operators" to the california state controller for the fiscal year ended June 30, 2025?

6. ls the system expected to meet the applicable farebox revenue ratio requirement for FY 2024-2025?

7. ls the system budgeted to meet the applicable farebox revenue ratio requirement for FY 2025-2026?

8. lf the answer to questions 6 or 7 is NO (i.e. fares revenues alone are insufficient to meet the applicable revenue ratio requirement), has the claimant committed sufficient "local funds" to supplement fares and thereby comply ?

9. Does the claimant expect to qualify for and claim an "extension of service exemption" for either FY 2023-2024 of Fy 2024-2025?

10. ls a budget increase in excess of 1S% proposed for Fy 2025-20265? 1 1. ls an increase or decrease in excess of 15% in the scope of operations or capital budget provisions proposed for Fy 2025-2026? x
x
x
x
x
x
x
x
x
Not due
x

5.F.5
Attachment: FY 26 TDA claim (TDA funds reimbursement FY 25-26) Kern Council of Governments
PART 8.3 OF 8..SYSTEM CHARACTERISTICS QUESTIONNAIRE
For Fiscal Year 2024-2025
(NOTE: Place an "X" in the proper column)
Question
: lf the answer to q or 12 is YES, PLEASE

STATEMENT WHICH DESCRIBES THE COMPONENTS OF THE

INCREASE/DECREASE AND JUSTIFIES OR SUBSTANTIATES THE

CHANGE )

12. ls the claimant proposing an increase in executive levelsalaries for Fy 2024-2025 ? IF YES, PLEASE SUBMIT A STATEMENT WHICH
DEFINES AND JUSTIFIES THE INCREASE.

13. ls the claimant precluded by contract from contracting with common carriers or persons operating under franchise or license ?

14. Does the claimant expect to subcontract with outside parties for the provision of operator services in FY 2024-2025 ? lF yES, PLEASE

SUBMIT A COPY OF ALL NEW OR AMENDED CONTRACTS NOT
PREVIOUSLY SUBMITTED.
ls the claimant precluded by contract from employing parttime drivers

16. Does the claimant routinely staff public transportation vehicles designed to be operated by one person with two or more persons ?

17. Has the claimant's participation in the California Department of Motor Vehicle "Driver Pull Notice Program" been certified by the California Highway Patrolwithin the past 13 months ? lF YES, PLEASE SUBMTT A COPY OF FORM chp 339, "TRANS|T OPERATOR COMPLTANCE
CERTIFICATE"

18. ls the claimant's retirement system fully funded with respect to it's officers and employees ?

19. Does the claimant have a private pension plan ?

20. lf the answerto question 19 is YES and the plan is a "defined benefit plan", does the claimant do each of the following:
a. Conduct periodic actuarial studies of it's employee pension plans to determine the annual cost of future pension benefits ?
b. Set aside and invest, on a current basis, funds sufficient to provide for the payment of future pension benefits ?
x
x

15. 2 x
x
x
x
x
x

5.F.5
Attachment: FY 26 TDA claim (TDA funds reimbursement FY 25-26) Kern Council of Governments
PART 8.4 OF 8..SYSTEM CHARACTERISTICS QUESTIONNAIRE
For Fiscat Year 2024-2025

LISTING OF SUBCONTRACTORS
City of Arvin

8. 10.
(NorE: lf the contract is new or amended from prior years, please submit a copy.)

5.F.5
Attachment: FY 26 TDA claim (TDA funds reimbursement FY 25-26)

PROCLAMATION
Recognizing Adult Education & Family Literacy Week
September 14–20, 2025, and Annually Thereafter
WHEREAS, adult education and family literacy provide vital opportunities for individuals to gain skills that strengthen families, build communities, and grow our economy; and
WHEREAS, our community colleges, in partnership with adult schools and community organizations, offer programs that empower learners to achieve their educational, career, and personal goals; and
WHEREAS, Adult Education & Family Literacy Week, observed annually in September, shines a spotlight on the achievements of adult learners and the importance of lifelong learning;
NOW, THEREFORE, the City Council of the City of Arvin does hereby proclaim September 14–20, 2025, and the nationally designated week each September thereafter, as Adult Education & Family Literacy Week in our City.

We encourage all members of our community to join in celebrating the success of adult learners, recognizing the dedication of educators, and promoting the value of lifelong learning for every resident.

IN WITNESS WHEREOF, we have hereunto set our hands this 28th day of October 2025.

Olivia Calderon, Mayor
City of Arvin

5.G.1
Attachment: Proclamation Adult Education and Family Literacy Week Sept 14 -20, 2025_102825 (Proclamation Recognizing Adult Education &

PROCLAMATION
Domestic Violence Awareness Month
October 2025
WHEREAS, intimate partner violence, domestic violence, and abuse in the home undermine the very foundation of safe and thriving families and communities; and WHEREAS, domestic violence is not limited to physical harm but includes coercion, emotional abuse, financial control, sexual abuse, isolation, and threats, all of which erode self-worth and safety; and
WHEREAS, in California, nearly two-thirds (63 %) of residents report being affected—directly or indirectly—by domestic violence, and approximately one-third (31 %) identify as survivors, according to a 2025 statewide survey by the Blue Shield of California Foundation; and WHEREAS, Kern County District Attorney’s Office reports that over the past two years more than 5,400 cases of domestic violence, sexual assault, or stalking have been filed across the county, and that local law enforcement responded to over 15,000 domestic calls in unincorporated areas; and, WHEREAS, for thirty years Líderes Campesinas, a statewide organization of farm worker women, has worked to strengthen the leadership of campesinas, promoting social, political, and economic justice and dignity for all; and
WHEREAS the South Kern County Chapter of Líderes Campesinas (Comité Sur) organizes locally to support farm worker women who experience domestic violence, advocating for culturally responsive services and raising community awareness to end violence against campesinas; and
WHEREAS, survivors of domestic violence deserve and are entitled to supportive systems that affirm their dignity, empower choices, and foster safety, healing, and economic independence; and Now, Therefore, We, the City Council of the City of Arvin do hereby proclaim the month of October 2025 shall be observed as Domestic Violence Awareness Month.

We extend our heartfelt gratitude to the meaningful work of Líderes Campesinas and its South Kern Chapter in their ongoing work to empower campesinas and advocate for justice and safety; IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Arvin, California to be affixed this 28th day of October 2025.

Olivia Calderón, Mayor
City of Arvin

5.H.1
Attachment: Proclamation Domestic Violence Awareness Month Oct 2025_102825 (Proclamation proclaiming October 2025 as Domestic

PROCLAMATION

NATIONAL BREAST CANCER AWARENESS MONTH
OCTOBER 2025
WHEREAS, breast cancer remains one of the most common cancers affecting women worldwide, with more than two million new cases diagnosed each year, impacting countless families with its emotional, physical, and financial toll; and
WHEREAS, advances in early detection, treatment, and medical research have led to a significant decline in mortality rates, offering hope and healing to millions of individuals and families; and WHEREAS, early detection saves lives—when breast cancer is found early, survival rates are significantly higher—making regular screenings, checkups, and proactive health practices vitally important; and
WHEREAS, National Breast Cancer Awareness Month is an annual campaign held each October to increase awareness, encourage education, and inspire action in the fight against breast cancer; and WHEREAS, this observance reminds us that a cancer diagnosis is not the end of the world— medicine continues to advance, support is available, and together we can help ensure no one faces this journey alone; and
WHEREAS, the City of Arvin recognizes the strength and courage of survivors, honors those we have lost, and stands with families, caregivers, healthcare providers, and advocates who work tirelessly to support awareness, prevention, and research; and WHEREAS, continued awareness, education, and community engagement are essential to further reduce the burden of this disease and to ultimately find a cure; Now, Therefore, We, the City Council of the City of Arvin do hereby proclaim the month of October 2025 as “National Breast Cancer Awareness Month” in the City of Arvin, and encourage all residents to:
• Participate in educational events, screenings, fundraising initiatives, and community programs that promote breast health;
• Support ongoing research and outreach efforts; and
• Share knowledge, compassion, and hope to help eradicate this disease.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Arvin, California to be affixed this 28th day of October 2025.

Olivia Calderón, Mayor
City of Arvin

5.I.1
Attachment: Proclamation National Breast Cancer Awareness Month Oct 2025_102825 (Proclamation proclaiming October 2025 as National

Page 1 of 1 ends

Staff Report re Kern County Superior Court Restitution Request

CITY OF ARVIN
Staff Report
Meeting Date: October 28, 2025
TO: Honorable Mayor, Mayor Pro Tem and Members of City Council FROM: Stephanie Gutierrez, City Attorney
Jeff Jones, City Manager / Finance Director
SUBJECT: Kern County Superior Court Restitution Request BACKGROUND:

As part of Kern County Superior Court Case No. LF015598A (People vs. NUNLEY, CLAYTON OWEN), the City of Arvin incurred financial losses totaling $13,455.00. While this information has been provided to the Kern County Assistant District Attorney’s Office, staff recommends the City Council authorize the City Attorney to submit a formal request for restitution. This formal request, attached as Exhibit A, would be provided to the Court, as well as the District Attorney’s Office.

This financial loss has impacted public trust, and it is important to document the City’s efforts and cooperation to ensure accountability and recovery of misappropriated funds.

STAFF RECOMMENDATION:

Authorize the Mayor to sign a formal request for restitution in connection with the People v.

NUNLEY case and direct the City Attorney to submit the request to the Kern County Superior Court and Kern County Assistant District Attorney’s Office.

FINANCIAL IMPACT:

Submission of the request will assist the City in recovering financial losses totaling $13,455.00.

ATTACHMENTS:

Exhibit A - Restitution Request – Case No. LF015598A

6.A.1
Attachment: Arvin - Staff Report - Restitution Request – Case No. LF015598A (Kern County Superior Court Restitution Request - People v.

October 28, 2025

VIA EMAIL AND CERTIFIED MAIL
Kern County Superior Court
12022 Main Street
Lamont, CA 92341
Re: Restitution Request – Case No. LF015598A
To Whom it May Concern,
On behalf of the City of Arvin, the City Council respectfully submits this formal request for restitution in connection with the criminal case referenced above, involving embezzlement of public funds by the defendant, Clayton Owen Nunley.

The City of Arvin has incurred financial losses totaling $13,455.00 as a direct result of the defendant’s unlawful actions. These losses have impacted city operations and public trust, and we seek restitution to recover the misappropriated funds.

We request that the Court issue an Order for Victim Restitution pursuant to California Penal Code § 1202.4(f), requiring the defendant to repay the full amount of the losses to the City of Arvin. Should the Court need additional reports or documentation that detail the financial loss, please contact our City Attorney, Stephanie Gutierrez, at [email protected].

The City Council is committed to full cooperation with the Court and the District Attorney’s Office to ensure accountability and recovery. Thank you for your attention to this matter.

Sincerely,
Olivia Calderón
Mayor of the City of Arvin
cc: Jeff Jones, City Manager
Stephanie Gutierrez, City Attorney - Burke, Williams & Sorensen, LLP MAYOR
Olivia Calderon

MAYOR PRO TEM
Susana Reyes

COUNCIL MEMBERS
Donny Horton
Jaime Perez
Tim Tarver

CITY MANAGER
Jeff Jones
Phone (661) 854-3134
Fax (661) 854-0817
200 Campus Drive
P.O. Box 548
Arvin, California 93203

CITY OF ARVIN

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Attachment: Arvin - Nunley Restitution Request – Case No. LF015598A (Kern County Superior Court Restitution Request - People v. NUNLEY)

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Staff Report re Consideration of Planning Commission Structure and Potential Dissolution.

CITY OF ARVIN
Staff Report
Meeting Date: October 28, 2025
TO: Honorable Mayor, Mayor Pro Tem and Members of City Council FROM: Jeff Jones, City Manager / Finance Director
SUBJECT: Consideration of Planning Commission Structure and Potential Dissolution BACKGROUND:

Staff has received a growing number of concerns from residents and stakeholders regarding the effectiveness of the Planning Commission in fulfilling its responsibilities. This has lead to the adoption of Arvin Municipal Code Section (“AMC”) 2.24.040 in 2010. AMC Section 2.24.040 authorizes the City Council at its sole discretion, to assume the role of the Planning Commission to ensure continuity in decision-making due to lack of quorum.

History of Planning Commission Meetings
The Planning Commission is scheduled to meet the third Tuesday of each month. Out of the 12 Planning Commission meetings scheduled annually, approximately half are held. Below is a summary of meeting activity from 2021 through 2025, illustrating historical attendance and scheduling trends. 2021: 4 meetings
2022: 7 meetings
2023: 7 meetings
2024: 5 meetings
2025: 3 meetings thus far with 1 potentially scheduled for Nov 2025.

Most meetings held with 1 to 2 items to be considered.

California Government Code
California Government Code Sections 65100 and 65101 outline the framework for establishing local planning agencies and commissions. Section 65100 mandates that every city in California must have a planning agency and allows the legislative body to assign planning functions to various entities such as a planning department, commission, or even the legislative body itself. Section 65101 gives the legislative body the authority to create one or more planning commissions, each with at least five members acting in the public interest. These commissions report directly to the legislative body and may be given specific geographic or functional jurisdictions.

City Council Options

1. Ordinance Amendment
The City Council may amend AMC Chapter 2.24 to explicitly assign all planning agency functions to itself. This ensures the City Council retains full authority over land use planning, zoning, and related decisions.

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Attachment: Staff Report - Consideration of Planning Commission Structure and Potential Dissolution_102825 (Discussion: Consideration of

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Staff Report re Consideration of Planning Commission Structure and Potential Dissolution.

2. Default Assignment (Repeal of Arvin Municipal Code Chapter 2.24) The City may repeal AMC Chapter 2.24 by ordinance. The City Council would automatically assume all planning agency responsibilities by default.

3. Combination of Assignments
The City Council may choose a hybrid model, assigning some functions to a planning commission or department while retaining others for itself.

There are both advantages and disadvantages to dissolving the Planning Commission, particularly in light of the City's recent history. Key factors include:
- Cost and Staff Time Savings:
• Staff time to prepare duplicative agendas, staff report, handouts, maps, notices and any other documents related to projects that must be approved by City Council following Planning Commission recommendation.
• Certain projects require approval by the City Council following a recommendation from the Planning Commission. This process often results in duplicative mailings, including public hearing notices sent to properties within a 300-foot radius of the project site. These mailings incur costs related to paper, shipping supplies, and postage.
• Staff preparation and attendance for two meetings vs. only one meeting. *Costs may be subject to recovery.
- Expedited Review Process
• To support applicants and businesses, certain projects may be considered directly by the City Council, bypassing the Planning Commission. This approach can significantly reduce processing time, as Planning Commission meetings are held monthly, followed by a 3–4 week delay before City Council consideration due to required public hearing notice periods. Delays may be further extended if the Planning Commission is unable to meet quorum requirements. Direct Council review helps streamline approvals and minimize scheduling-related setbacks. - Lack of Appeal Process.
• In the absence of an active Planning Commission, the City Council serves as the final decisionmaking body for all applications. If an applicant wishes to challenge the Council’s decision, the next available recourse is to file a writ with the Kern County Superior Court.

STAFF RECOMMENDATION:

The City Council hold a formal discussion to evaluate the current structure and role of the Planning Commission, including the potential for its dissolution.

FINANCIAL IMPACT:

Costs are subject to cost recovery provisions, and the financial impact to the City is expected to be minimal or negligible.

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Attachment: Staff Report - Consideration of Planning Commission Structure and Potential Dissolution_102825 (Discussion: Consideration of

Arvin City CouncilOctober 28, 2025

Arvin City Council
October 28, 2025