Agenda, regular meeting, first session — Arvin City Council, January 27, 2026

REGULAR MEETING AGENDA
OF THE

ARVIN CITY COUNCIL / SUCCESSOR AGENCY TO THE

ARVIN COMMUNITY REDEVELOPMENT AGENCY / ARVIN HOUSING

AUTHORITY / ARVIN PUBLIC FINANCING AUTHORITY
TUESDAY JANUARY 27, 2026 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
Jaime Perez Mayor Pro Tem
Susana Reyes Councilmember
Donny Horton Councilmember
Tim Tarver Councilmember
******************************************
STAFF Jeff Jones City Manager
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 – January 27, 2026.

Page 1 of 3 ends

1. APPROVAL OF AGENDA AS TO FORM.

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

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

3. PRESENTATION(S)
A. Affordable Housing Sustainable Communities (AHSC) Award Presentation Christine Viterelli, Grants Manager – City of Arvin

4. CONSENT AGENDA ITEMS
A. Approval of Demand Register(s) of January 09, 2026 – January 22, 2026.

B. Approval of Payroll Register(s) of January 16, 2026.

C. Approval of Minutes of the Special Arvin City Council Meeting(s) of January 12, 2026 and Regular Arvin City Council Meeting(s) of January 13, 2026.

D. Approval of A Resolution of the City Council of the City of Arvin Approving A Fee Waiver Request from Arvin Force Baseball Team for Use of Kovacevich and DiGiorgio Park Baseball Fields for 2026 Contingent Upon Execution of A License Agreement for Use of the Baseball Fields with the City of Arvin and Providing the Requisite General Liability Insurance.

E. Approval of A Resolution of the City Council of the City of Arvin Approving A Fee Waiver Request from Arvin Little League for Use of Kovacevich and DiGiorgio Park Baseball Fields for 2026 Contingent Upon Execution of A License Agreement for Use of the Baseball Fields with the City of Arvin and Providing the Requisite General Liability Insurance.

F. Approval of Lease Agreement Between the City of Arvin and Laborers of the Harvest/Shar-On Corp for Use of the Facility Located at the Adobe Plaza Complex, 141 North A Street, Arvin, Upon Receipt of the Required Documentation, Insurance and Security Deposit from Tenant; and Authorizing the City Manager to Execute Said Lease Agreement.

G. Approval of Fourth Amendment to Professional Consultant Services Agreement between City of Arvin and Diversified Project Services International, Inc. (DPSI, Inc.) for On-Cal Engineering Services - Surveying and Map Checking Services.

Staff recommends approval of consent agenda.

Motion __________ Second __________ Vote __________
Roll Call: CM Tarver ____ CM Horton ____ CM Reyes ____ MPT Perez ____ Mayor Calderón _____ Arvin City Council Meeting Agenda – January 27, 2026.

Page 2 of 3 ends

5. PUBLIC HEARING(S)
A. A Public Hearing to Consider and Approve First Reading and Introduction of An Ordinance of the City Council of the City of Arvin Amending Arvin Municipal Code Chapter 2.06 to Add a New Section §2.06.210 Authorizing the City Manager to Execute Certain Grant Documents Without Prior Approval.

Staff recommends the City Council consider introducing the Ordinance to be read by title only, open the hearing, allow for public testimony, close the hearing, waive first reading of the Ordinance, and approve the introduction of the Ordinance.

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

6. ACTION ITEM(S)
A. Consideration and Approval of Appointment of Board of Trustee to the Kern Mosquito and Vector Control District (KMVCD) and Setting the Term of Appointment.

Staff recommends that the City Council appoint a qualified Arvin resident or a member of the City Council to serve as the KMVCD Board Trustee and set the term of the appointment.

Motion __________ Second __________ Vote __________
Roll Call: CM Tarver ____ CM Horton ____ CM Reyes ____ MPT Perez ____ Mayor Calderón _____ B. Consideration and Approval of Master Services Agreement between Diamond Technologies, Inc. dba Diamond IT and City of Arvin.

Staff recommends approval of the Master Services Agreement and authorize the City Manager, or designee, to execute the Agreement and any future Addendums necessary to obtain information technology services, subject to City Attorney approval as to form.

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

7. COUNCIL MEMBER COMMENTS
Arvin City Council Meeting Agenda – January 27, 2026.

Page 3 of 3 ends

8. CLOSED SESSION ITEM(S)
A. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government Code §54957(b).)
Title: City Manager

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 January 22, 2026.

Cecilia Vela, City Clerk
Affordable Housing and Sustainable Communities
(AHSC) 2025 Award
Presented by:

Steve Hernández, César Chávez Foundation
Christine Viterelli, City of Arvin Grants Manager
Daniel Reed, AVC of Construction and Facilities, KCCD
AHSC- Funding Category: Rural Innovative Project Area Competitive Grant (RIPA)
Funded by the California Department of Housing (HCD) and the Strategic Growth Council (SGC)
AHSC Award Total: $ 22,362,102

3.A.1
Attachment: Affordable Housing and Sustainable Communities Award Presentation Affordable Housing and Sustainable Communities
(AHSC) 2025 Award
Map Information
Total Projects Awarded: 21
Central Coast (1 of 2)
Coastal Southern California (4 of 8)
Inland Southern California (2 of 3)
North State and Sierras (2 of 2)
Sacramento Area (4 of 7)
San Diego Area (1 of 4)
San Francisco Bay Area (6 of 14)
San Joaquin Valley (1 of 6)
Total Projects Not Awarded: 25
Total RIPAs Submitted: 10
Total RIPA’s awarded: 4
Highest Scoring RIPA: ARVIN
Arvin

3.A.1
Attachment: Affordable Housing and Sustainable Communities Award Presentation Affordable Housing Sustainable Communities
Grant (AHSC) in Collaboration with he City of
Arvin and Kern Community College District
(KCCD)

3.A.1
Attachment: Affordable Housing and Sustainable Communities Award Presentation Agenda • Cesar Chavez Foundation • Development Project Experience • Proposed Project • Questions & Answers

3.A.1
Attachment: Affordable Housing and Sustainable Communities Award Presentation Cesar Chavez Foundation
Our Propose
Inspiring & Transforming Communities.

Our Mission
At the Cesar Chavez Foundation, our
mission is to carry on Cesar’s life’s work of
uplifting the lives of Latinos and working
families by inspiring and transforming
communities through social enterprises that
address essential human, cultural and
community needs.

3.A.1
Attachment: Affordable Housing and Sustainable Communities Award Presentation HED
Fast Facts ▪ Headquartered in Los Angeles,
California
▪ Developed 300 single-family homes for
sale for lower-income households
▪ Over 5,000 affordable multi-family units
at 49 separate sites
▪ Over 1,400 affordable units in the
pipeline

3.A.1
Attachment: Affordable Housing and Sustainable Communities Award Presentation HED Overview
In-House Expertise
▪ Real Estate Development ▪ General Contracting ▪ Property Management ▪ Social Services ▪ Financial Wherewithal ▪ Expertise in Different Capital Structure in 4 Different States

3.A.1
Attachment: Affordable Housing and Sustainable Communities Award Presentation ▪ Units in Kern County ▪ In Operations ▪ 312 Units ▪ In Construction ▪ 85 Units ▪ 2026 Pipeline ▪ 169 Units ▪ TOTAL: 566 Units CCFs Local Experience

3.A.1
Attachment: Affordable Housing and Sustainable Communities Award Presentation 4 th and Walnut Site

APN ADDRESS SIZE
190-260-024
th Street, Arvin, CA 93203 ~2.1 Acres

3.A.1
Attachment: Affordable Housing and Sustainable Communities Award Presentation Proposed Site Plan

3.A.1
Attachment: Affordable Housing and Sustainable Communities Award Presentation Proposed Project Units
No. Units Bedrooms % AMI SIZE 4 1-Bedroom 30% AMI 596 SF 6 2-Bedroom 30% AMI 820 SF 5 3-Bedroom 30% AMI 1,065 SF 4 1-Bedroom 50% AMI 596 SF 6 2-Bedroom 50% AMI 820 SF 6 3-Bedroom 50% AMI 1,065 SF 4 1-Bedroom 60% AMI 596 SF 132-Bedroom 60% AMI 820 SF
23-Bedroom 60% AMI 1,065 SF
12-Bedroom Manager’s Unit 900 SF
51 46.9% 42,317 SF

3.A.1
Attachment: Affordable Housing and Sustainable Communities Award Presentation Proposed Schedule
Date Action
July 2023 Ministerial Approval of Site Plan Submittal
March 2025 REAP 2.0 Submitted
April 2025 REAP 2.0 Award
May 2025 SGC-AHSC Application Submitted
December
2025
SGC – AHSC Awarded
February 2026 TCAC Application
February 2026 Start Construction
April 2026 TCAC Awards
June 2026 REAP 2.0 Expended
April 2028 Construction Completion

3.A.1
Attachment: Affordable Housing and Sustainable Communities Award Presentation Affordable Housing and Sustainable Communities
(AHSC) 2025 Award
AHSC Award Total: $ 22,362,102
Projects and Budget:

CCF Affordable Housing Project: $ 14,470,00
(51 new units of housing)
City of Arvin: $ 6,575,062
(sidewalks, bike paths, urban
greening, 10 new bus shelters,
2 new EV buses, transit operations
expansion)
KCCD Campus Bike Path $ 795,040

3.A.1
Attachment: Affordable Housing and Sustainable Communities Award Presentation Affordable Housing and Sustainable Communities
(AHSC) 2025 Award
Sidewalks and Bike Lanes- Arvin Infrastructure
AHSC Grant Estimates
Project Total Existing Fund
(Match)
Source
4th Street Improvements - Campus to Walnut
$ 845,807.71
Packard Drive - Alderete Drive $ 363,031.40
N. Walnut Street Class II Bike Lane $ 24,083.70
4th Street - Gap Fill In $ 203,585.20
Varsity Road - Bike Lanes $ 61,162.19
Urban Greening Addition (Class I dual-purpose bike and pedestrian paths with landscape, irrigation, trees) $ 406,392.07 794,947 CNRA Total of All Projects $ 1,904,062.27

3.A.1
Attachment: Affordable Housing and Sustainable Communities Award Presentation Affordable Housing and Sustainable Communities
(AHSC) 2025 Award
Arvin Transit-10 New Bus Shelters
Facility Description Location Description Quantity
Bus shelter 4
th St x N Walnut St 1
Bus shelter Meyer St x Mary St 1
Bus shelter Franklin St x Meyer St 1
Bus shelter Celestial Wy x Paraiso Wy 1
Bus shelter Beat Mountain Blvd x N Acala St 1
Bus shelter Schipper St x Fox Ct 1
Bus shelter Meyer St x Chales St 1
Bus shelter Sycamore Rd x Payne Dr 1
Bus shelter Felecita St Meyer St 1
Bus shelter Comanche Dr Packard Dr 1

3.A.1
Attachment: Affordable Housing and Sustainable Communities Award Presentation Affordable Housing and Sustainable Communities
(AHSC) 2025 Award
Arvin Transit- Purchase 2 New EV Buses and expansion of Service Hours (expands service to Tejon Casino)
• Arvin Transit will purchase two zero-emission electric buses to establish a new express route to the Tejon Casino, which is estimated to be open in July 2026. The new transit route will provide hourly service to Tejon Casino as an express route. The passenger bus seats 28 passengers. The bus will provide 6 days a week service, 13 hours a day, to provide the opportunity for jobs at the Tejon Casino.

Arvin Transit Route Expansion (service hours)
Route # 3 Arvin Local Bus Service
• Arvin Transit will increase the number of trips and operational hours for its local Route 3 on a zero-emissions electric bus it already has in service. Route# 3 will expand its hours of operation to 6 P.M. and offer 4 additional trips per day. The passenger bus seats 28 passengers (with capacity for 10 additional standing passengers) and will operate 2 additional hours a day, 260 days per year.

3.A.1
Attachment: Affordable Housing and Sustainable Communities Award Presentation Affordable Housing and Sustainable Communities
(AHSC) 2025 Award
Arvin Transit- Arvin Transit Route Expansion (service hours) Increased Service: Route 4 (Bakersfield)
• Arvin Transit will increase the number of trips and operational hours for its local Route #4 on a zero-emissions electric bus that it already has in service. Route# 4 will expand its hours of operation to 6 a.m. to 4 p.m. and offer 4 additional trips per day. The passenger bus seats 28 passengers (with capacity for 10 additional standing passengers) and will operate 4 additional hours a day, 260 days per year.

Increased Service: Route 6 (Arvin/Lamont)
• Arvin Transit will increase the number of trips to Lamont from 12 to 16 trips, by adding an 8 am and 10am round-trip. This will reduce wait times and improve connections to transit.

3.A.1
Attachment: Affordable Housing and Sustainable Communities Award Presentation Affordable Housing and Sustainable Communities
(AHSC) 2025 Award
Urban Greening Phase II- continue the
bike and walking path from Phase I Urban
Greening from Alderate to Grapevine
.

Urban Greening 4th & Walnut Pocket Park
(Phase II) expands a planned pocket park by
extending a dual-purpose bike and pedestrian
permeable 8’ wide tree-lined
walkway/bikeway with solar lighting from
Alderete Drive to Grapevine Drive within a
proposed pocket park (that parallels Walnut
Drive north of 4th Street)
Urban Greening
Phase I & 2
Total Phase II Urban Greening Project $ 406,392
(benefits-adds to and completes the bike and walking
path from Alderate to Grapevine and enhances the
Phase I project. Provides a safe bike path and walking
path to Arvin High School, College Campus.

3.A.1
Attachment: Affordable Housing and Sustainable Communities Award Presentation Affordable Housing and Sustainable Communities
(AHSC) 2025 Award
Urban Greening Phase II- continue
the bike and walking path from
Phase I Urban Greening from
Alderate to Grapevine
.

Urban Greening 4th & Walnut Pocket Park (Phase II)
expands a planned pocket park by extending a dualpurpose bike and pedestrian permeable 8’ wide tree-lined walkway/bikeway with solar lighting from Alderete Drive to Grapevine Drive within a proposed pocket park (that
parallels Walnut Drive north of 4th Street)

3.A.1
Attachment: Affordable Housing and Sustainable Communities Award Presentation Affordable Housing and Sustainable Communities
(AHSC) 2025 Award
KCCD Bike Path-extends the existing Walnut bike path
from Nectarine Drive into the KCCD college Campus
and connects to Varsity Avenue. This provides
connectivity to several bike paths, including Walnut,
Varsity, Campus Drive, and Meyer Street, as well as to
future urban greening projects.

KCCD Bike Path Budget 795,040

3.A.1
Attachment: Affordable Housing and Sustainable Communities Award Presentation Affordable Housing and Sustainable Communities
(AHSC) 2025 Award

3.A.1
Attachment: Affordable Housing and Sustainable Communities Award Presentation City of Arvin

3.A.1
Attachment: Affordable Housing and Sustainable Communities Award Presentation 1/16/2026 9:40:09 AM Page 1 of 10
Payment Register
City of Arvin APPKT01174 - FOR AP 1/15/2026
01 - Vendor Set 01
Bank: Main Pool Ck - Main Checking - BOA
1940
Vendor Number
84 LUMBER COMPANY
Total Vendor Amount
200.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 01/16/2026 200.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount OVERPAYMENT OF $200 OVERPAYMENT OF $200 FOR 2026 BUSINESS LICENSE 01/08/2026 01/08/2026 0.00 200.00 1910
Vendor Number

AIRWAVE COMMUNICATION ENTERPRISES
Total Vendor Amount
1,833.71
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 01/16/2026 1,833.71
Payable Number Description Payable Date Due Date Discount Amount Payable Amount BK334 PD 268 UP- FIT FOR VEHICLE INSTALLATION 12/16/2025 01/16/2026 0.00 1,833.71 1228
Vendor Number

ALL AMERICAN UNIFORMS
Total Vendor Amount
309.57
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 01/16/2026 309.57
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 223 UNIFORM FOR ALEX C. ANIMAL CONTROL 12/22/2025 01/22/2026 0.00 309.57 1150
Vendor Number
AT&T
Total Vendor Amount
878.96
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 01/16/2026 878.96
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 000024520480 9391033189 SERVICE 11.13.25 - 12.12.25 12/13/2025 01/20/2026 0.00 375.95 000024522242 9391056024 SERVICE 11.12.25 - 12.12.25 12/13/2025 01/20/2026 0.00 503.01 1015
Vendor Number

AT&T MOBILITY
Total Vendor Amount
425.57
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 01/16/2026 425.57
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 28751442687X12282025 PW + COMM DEV + CH CELL PHONES 11.23.25-12.22.25 12/22/2025 12/22/2025 0.00 425.57 1772
Vendor Number

AUTOZONE STORES LLC
Total Vendor Amount
803.36
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 01/16/2026 803.36
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 03760239028 PW 304 WINDSHIELD FLUID AND MOTORCRAFT FUEL 12/11/2025 01/11/2026 0.00 230.25 03760239037 PW 305 MOTOR CRAFT FUEL 12/11/2025 01/11/2026 0.00 230.25 03760239046 PW 323 MOTOR OIL AND CABIN FILTER 12/11/2025 01/11/2026 0.00 99.22 03760239051 PW 322 MOTOR OIL AND CABIN FILTER 12/11/2025 01/11/2026 0.00 99.22 03760239057 PW 316 THROTTLE AIR BYPA 12/11/2025 01/11/2026 0.00 58.93 03760239403 PW 304 DIELECTRIC GREASE 12/12/2025 01/12/2026 0.00 35.69 03760243225 PD 268 SPADE TERMINAL AS 12/18/2025 01/18/2026 0.00 49.80

AXON ENTERPRISE INC
Total Vendor Amount
6,737.95
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 01/16/2026 6,737.95
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INUS367416 AXON BODY LICENSE , TRUE UP BUNDLE 08/06/2025 09/06/2025 0.00 6,737.95 1856
Vendor Number

BEST BEST & KRIEGER LLP
Total Vendor Amount
4,722.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 01/16/2026 4,722.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 1043618 PROF. SERVICES THROUGH SEPTEMBER 30 2025 10/31/2025 11/30/2025 0.00 661.50 1048553 PROF. SERVICES THROUGH NOVEMBER 30 2025 12/05/2025 01/05/2026 0.00 4,060.50 1670
Vendor Number

BLUETRITON BRANDS INC
Total Vendor Amount
295.44
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 01/16/2026 295.44
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 05L6707940541 WATER DELIVERY FOR 11.27.25 - 12.26.25 12/30/2025 01/17/2026 0.00 295.44 1032
Vendor Number
BOWMAN ASPHALT INC.

Total Vendor Amount
509,964.75
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 01/16/2026 509,964.75
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 2 HAVEN DRIVE FROM COMMANCHE TO MEYER NOV 2025 12/15/2025 01/15/2026 0.00 509,964.75 1766
Vendor Number

CALIFORNIA TURF EQUIPMENT & SUPPLY INC
Total Vendor Amount
173.49
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 01/16/2026 173.49
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 701546 SHEAVE BLADE FOR MOWER 12/16/2025 01/16/2026 0.00 112.79 701642 ADJUSTER LIFT, DECK 12/17/2025 01/17/2026 0.00 60.70 1687
Vendor Number

CENTRAL VALLEY SALINITY COALITION INC
Total Vendor Amount
2,758.32
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 01/16/2026 2,758.32
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 25-2655 2025 ANNUAL PARTICIPATION FEE 01/12/2026 01/12/2026 0.00 2,758.32 1204
Vendor Number

COMPLETE HARDWARE STORE AND MORE
Total Vendor Amount
188.18
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 01/16/2026 188.18
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 12387 PW SHOP DROP CLOTH 12/09/2025 01/09/2026 0.00 10.88 12790 PW MODULAR TRAILER 12/16/2025 01/16/2026 0.00 10.27 605486 WATER JUG FOR HOT COCO TOY GIVE AWAY 12/15/2025 01/15/2026 0.00 86.59 605572 BEAUTIFY VET'S HALL WIRING DEVICE 12/16/2025 01/16/2026 0.00 65.10 605613 BEAUTIFY VET'S HALL POLY SASH BRUSH 12/17/2025 01/17/2026 0.00 7.77 605643 BEAUTIFY VET'S HALL SCREWS 12/17/2025 01/17/2026 0.00 7.57 1193
Vendor Number

DIAMOND TECHNOLOGIES INC
Total Vendor Amount
12,493.45
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 01/16/2026 12,493.45
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 39176MS AGREEMENT MONTHLY O365 PD JANUARY 2026 01/01/2026 01/16/2026 0.00 1,372.80

4.A.1
Attachment: Demand Register(s) of January 09, 2026 - January 22, 2026 (Demand Register(s) of January 09, 2026 - January 22, 2026.) Payment Register APPKT01174 - FOR AP 1/15/2026
1/16/2026 9:40:09 AM Page 3 of 10
39177MS AGREEMENT ANNUAL MICROSOFT 365 JANUARY 2026 01/01/2026 01/16/2026 0.00 878.30 39271 SECURECENTRIC + FIREWALL JANUARY 2026 01/01/2026 01/16/2026 0.00 10,242.35 1938
Vendor Number

EFFECTIVE FITNESS COMBATIVES,LLC
Total Vendor Amount
1,397.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 01/16/2026 1,397.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV-EFC1112 EFC LEVEL 1 COURSE OFF. ARMANDO PANTOJA 12/03/2025 01/22/2026 0.00 1,397.00 1594
Vendor Number

ENTERPRISE FM TRUST
Total Vendor Amount
13,932.57
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 01/16/2026 13,932.57
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 584808A-010626 LEASE CHARGE JANUARY 2026 01/06/2026 01/20/2026 0.00 13,932.57 1062
Vendor Number
FEDEX
Total Vendor Amount
112.65
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 01/16/2026 112.65
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 9-126-27753 CH SHIPPING SERVICES 01/02/2026 01/17/2026 0.00 112.65 1367
Vendor Number

FLOOD BAKERSFIELD MINISTRIES INC
Total Vendor Amount
26,059.20
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 01/16/2026 26,059.20
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 2036 ARVIN CDBG HOMELESS FOR OCTOBER 2025 10/31/2025 11/30/2025 0.00 26,059.20 1846
Vendor Number

GREATAMERICA FINANCIAL SERVICES CORPORATION
Total Vendor Amount
2,451.42
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 01/16/2026 2,451.42
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 40984347 DELL OPTIPLEX COMPUTERS AGREEMENT 01/07/2026 02/01/2026 0.00 2,451.42 1372
Vendor Number

GREGS PETROLEUM SERVICE INC
Total Vendor Amount
139.54
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 01/16/2026 139.54
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 595704 FUEL DELIVERY 12/23/2025 01/22/2026 0.00 139.54
1941
Vendor Number
GRIMMWAY ENTERPRISES INC.

Total Vendor Amount
150.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 01/16/2026 150.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount OVERPAYMENT OF $150 OVERPAYMENT OF $150 FOR BUSINESS LICENSE 12/30/2025 12/30/2025 0.00 150.00 1318
Vendor Number

HECTORS PLUMBING INC
Total Vendor Amount
440.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 01/16/2026 440.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 26-787 TRANSIT REPLACE FAUCET 01/13/2026 01/16/2026 0.00 440.00

Total Vendor Amount
4,762.90
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 01/16/2026 4,762.90
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 20250677 PROF. SERVICES 12.16.25 - 12.31.25 12/31/2025 12/31/2025 0.00 4,762.90 1900
Vendor Number

JAY R BEES AUTO DETAILING LLC
Total Vendor Amount
1,110.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 01/16/2026 1,110.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 011 PD FLEET WASH 01.07.26 01/07/2026 01/07/2026 0.00 45.00 012 PD FLEET WASH 01.09.26 01/09/2026 01/09/2026 0.00 75.00 013 PD FLEET WASH 01.13.26 01/13/2026 01/13/2026 0.00 990.00 1646
Vendor Number

JOSE ALANIZ JR
Total Vendor Amount
2,435.63
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 01/16/2026 2,435.63
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 838 SCISSOR LIFT RENTAL 1 MONTH 12/29/2025 12/29/2025 0.00 2,435.63 1807
Vendor Number

JOSE ARGELIO GUTIERREZ SALINAS
Total Vendor Amount
3,835.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 01/16/2026 3,835.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV-277 PW MODUALR TRAILER WINDOW REPLACEMENT 01/01/2026 01/01/2026 0.00 1,750.00 INV-278 SHOP DOOR REPAIR -GARAGE DOOR 01/01/2026 01/01/2026 0.00 2,085.00 1328
Vendor Number

KERN MEDICAL CENTER KERN COUNTY HOSPITAL AUTHORITY
Total Vendor Amount
345.10
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 01/16/2026 345.10
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 80000001105 VENIPUNCTURE COLLECTION 10/19/2025 11/19/2025 0.00 98.60 80000001126 VENIPUNCTURE COLLECTION 11/08/2025 12/08/2025 0.00 197.20 80000001147 VENIPUNCTURE COLLECTION 12/03/2025 01/03/2026 0.00 49.30 1168
Vendor Number
LOWES
Total Vendor Amount
5,889.29
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 01/16/2026 5,889.29
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 107428149 BEAUTIFY VET'S HALL ETN 1G SCREWLESS DUP 12/16/2025 01/16/2026 0.00 267.65 120771904 BEAUTIFY VET'S HALL 600 CT MICRO REEL W 12/08/2025 01/08/2026 0.00 349.01 130149610 BEAUTIFY VET'S HALL AR KORTO 1LT BRONZE 12/16/2025 01/16/2026 0.00 91.44 153143723 BEAUTIFY VET'S HALL 12/15/2025 01/15/2026 0.00 273.22 20265637 BEAUTIFY VET'S HALL 11/25/2025 12/25/2025 0.00 798.78 270622525 BEAUTIFY VET'S HALL 25OZ PRO-GRADE ORANGE 12/04/2025 01/04/2026 0.00 280.55 361144622 BEAUTIFY VET'S HALL 12/22/2025 01/22/2026 0.00 17.45 48825429 3 PC HI-VIS RAIN SUIT CLA 11/17/2025 12/17/2025 0.00 112.21 574554720 BEAUTIFY VET'S HALL WP OTR MICRO WMH31017H2 12/04/2025 01/04/2026 0.00 289.64 59668749 PINE SOL, 18OZ HEAVY DUTY HAND CLEA 12/09/2025 01/09/2026 0.00 85.23 607573451 BEAUTIFY VET'S HALL LG 9CF 12/04/2025 12/04/2025 0.00 774.27 68514595 BEAUTIFY VET'S HALL DRYWALL 12/01/2025 01/01/2026 0.00 829.85 735923031 TRANSIT 207 TORIN 20 TON STUBBY BOTTL 11/04/2025 11/04/2025 0.00 82.25 815227301 BEAUTIFY VET'S HALL DRYWALL 12/04/2025 01/04/2026 0.00 122.32 81751615 BEAUTIFY VET'S HALL 35 IN CONTRACTOR PAPER 12/01/2025 01/01/2026 0.00 26.69 81896363 BEAUTIFY VET'S HALL PS PROFLS RD CH WH 11/18/2025 12/18/2025 0.00 101.81 85555545 BEAUTIFY VET'S HALL 12/09/2025 01/09/2026 0.00 595.81

4.A.1
Attachment: Demand Register(s) of January 09, 2026 - January 22, 2026 (Demand Register(s) of January 09, 2026 - January 22, 2026.) Payment Register APPKT01174 - FOR AP 1/15/2026
1/16/2026 9:40:09 AM Page 5 of 10
883259076 BEAUTIFY VET'S HALL 12/10/2025 01/10/2026 0.00 51.20 89671573 BEAUTIFY VET'S HALL 20V CDLS 16GA STR FINI 12/09/2025 01/09/2026 0.00 324.74 934450096 BEAUTIFY VET'S HALL MULTI PURPOSE RESPIRA 12/03/2025 01/03/2026 0.00 447.69 997328 32 IN ALUMINUM PLASTIC REACHER 11/10/2025 12/10/2025 0.00 192.69 CM0000090 BEAUTIFY VET'S HALL RETURN 12/04/2025 12/04/2025 0.00 -225.21 1455
Vendor Number

MARIA CANTU
Total Vendor Amount
410.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 01/16/2026 410.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount REIMBURSEMENT OF $410 REIMBURSEMENT OF $410 FOR VET'S HALL 01/13/2026 01/13/2026 0.00 410.00 1881
Vendor Number
MOTIVE TECHNOLOGIES, INC.

Total Vendor Amount
372.18
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 01/16/2026 372.18
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV05135592 SUBSCRIPTIONS AIR SHIPPING 11/24/2025 12/24/2025 0.00 60.18 INV05149830 SUBSCRIPTION PW & TRANSIT 11.30.25 - 12.29.25 11/30/2025 12/30/2025 0.00 312.00 1102
Vendor Number

MOUNTAINSIDE DISPOSAL
Total Vendor Amount
4,044.43
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 01/16/2026 4,044.43
Payable Number Description Payable Date Due Date Discount Amount Payable Amount N4855376433 BIN RENT AND 4 YD ROLL OFF DEC2025 12/31/2025 01/14/2026 0.00 262.61 N4855376441 BIN RENT AND 4 YD ROLL OFF DEC2025 12/31/2025 01/14/2026 0.00 3,781.82 1184
Vendor Number

OREILLY AUTOMOTIVE INC
Total Vendor Amount
777.86
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 01/16/2026 777.86
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 4451-490313 PW 316 FUEL VAP SEP 12/12/2025 01/12/2026 0.00 52.44 4451-490861 TRANSIT 300 PC WIRE TIE 12/15/2025 01/15/2026 0.00 61.67 4451-490911 PD 285 BATTERY 12/15/2025 01/15/2026 0.00 183.99 4451-491026 TRANSIT 209-EV 12/16/2025 01/16/2026 0.00 285.76 4451-491205 209-EV 5 GAL GEAROIL 12/17/2025 01/17/2026 0.00 153.71 4451-491295 PD 291 BATTERY 12/17/2025 01/17/2026 0.00 268.28 CM0000089 5 GAL GEAR OIL RETURN 12/17/2025 12/17/2025 0.00 -227.99 1108
Vendor Number
PG & E
Total Vendor Amount
298.84
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 01/16/2026 298.84
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 8440977428-2 12.02.25-12.30.25 8440977428-2 12.02.25-12.30.25 01/15/2026 01/15/2026 0.00 298.84 1449
Vendor Number

PRECISION CIVIL ENGINEERING (PCE)
Total Vendor Amount
10,021.25
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 01/16/2026 10,021.25
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 32837 COA ON CALL PLANNING SUPPORT NOVEMBER 2025 12/10/2025 12/10/2025 0.00 10,021.25 1117
Vendor Number

RCN TECHNOLOGIES
Total Vendor Amount
389.70
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 01/16/2026 389.70
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV-44646 NOC LICENSE MONTHLY 11/01/2025 12/01/2025 0.00 194.85

ROBERT HALF
Total Vendor Amount
1,131.90
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 01/16/2026 1,131.90
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 65767958 WEEK ENDING 12/26/25 FOR STEPHANIE M. 12/30/2025 12/30/2025 0.00 711.48 65777994 WEEK ENDING 01.02.26 FOR STAPHANIE M, 01/05/2026 01/05/2026 0.00 420.42 1202
Vendor Number

SINTRA GROUP
Total Vendor Amount
580.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 01/16/2026 580.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 2025150 BACKGROUNG INVESTIGATION JOSE M. BUILD OFF. 09/27/2025 09/27/2025 0.00 580.00 1123
Vendor Number

SO CAL GAS CO
Total Vendor Amount
1,758.84
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 01/16/2026 1,758.84
Payable Number Description Payable Date Due Date Discount Amount Payable Amount SERVICES 11.25.25 - 12.26.25 SERVICES 11.25.25 - 12.26.25 12/30/2025 01/21/2026 0.00 1,758.84 1125
Vendor Number

SPARKLE TEXTILE RENTAL SERVICE
Total Vendor Amount
1,598.84
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 01/16/2026 1,598.84
Payable Number Description Payable Date Due Date Discount Amount Payable Amount UNIFORM SERVICES DEC2025 UNIFORM SERVICES DEC2025 12/31/2025 01/15/2026 0.00 1,598.84 1033
Vendor Number

SPECTRUM BUSINESS
Total Vendor Amount
314.52
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 01/16/2026 314.52
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 167729901010126 SERVICE 01.01.26 - 01.31.26 01/01/2026 01/01/2026 0.00 314.52 1891
Vendor Number
TCID
Total Vendor Amount
219.86
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 01/16/2026 219.86
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 146188 TRANSIT STOCK ANTIFREEZE 12/15/2025 01/15/2026 0.00 219.86 1131
Vendor Number

TEL-TEC SECURITY SYSTEMS
Total Vendor Amount

55.00 Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 01/16/2026 55.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 907576 ARVIN ADOBE COMPLEX FIRE MONITORING JANUARY 202601/01/2026 01/15/2026 0.00 55.00 1354
Vendor Number

TIMOTHY RAMOS
Total Vendor Amount
250.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 01/16/2026 250.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 2060 ANNUAL COMM. CANN. BACKGROUND UPDATE 12/18/2025 01/18/2026 0.00 250.00

TRAFFIC MANAGEMENT INC
Total Vendor Amount
962.06
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 01/16/2026 962.06
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 01-13969 FINANCE CHARGE ON OVER DUE BALANCE 01/01/2026 01/01/2026 0.00 14.49 06-117122 GLASS BEADS 50LB BAG 07/24/2025 08/24/2025 0.00 947.57 1262
Vendor Number

VALLEY AG ENTERPRISE INC
Total Vendor Amount
24,500.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 01/16/2026 24,500.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 10311 TEJON, SYCAMORE, COMMANCHE CLEAN UP 12/16/2025 12/16/2025 0.00 24,500.00 1145
Vendor Number

VEOLIA WATER NORTH AMERICA MAINT NOTE
Total Vendor Amount
19,191.23
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 01/16/2026 19,191.23
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 9000237873 PASSTHROUGH WASTEWATER TREATMENT NOVEMBER 202512/16/2025 01/16/2026 0.00 19,191.23 1723
Vendor Number
VERIZON WIRELESS 609123961 7
Total Vendor Amount
460.44
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 01/16/2026 460.44
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 6131954428 ARVIN PW CELL PHONES 11.26.25 - 12.25.25 12/25/2025 01/17/2026 0.00 460.44 1140
Vendor Number
VERIZON WIRELESS 609123961 5
Total Vendor Amount
1,304.58
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 01/16/2026 1,304.58
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 6131954426 ARVIN PD CELL PHONES 11.26.25 - 12.25.25 12/25/2025 12/25/2025 0.00 1,304.58 1139
Vendor Number
VERIZON WIRELESS 609123961 6
Total Vendor Amount
848.22
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 01/16/2026 848.22
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 6131954427 ARVIN PD AIR CARDS 11.26.25 - 12.25.25 12/25/2025 01/17/2026 0.00 848.22 1186
Vendor Number
VERIZON WIRELESS 642023305 2
Total Vendor Amount
669.92
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 01/16/2026 669.92
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 6132186196 TRANSIT SVCS 11.29.25 - 12.28.25 12/28/2025 01/20/2026 0.00 669.92 1142
Vendor Number

WELLS FARGO LEASE PMTS
Total Vendor Amount
110.88
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 01/16/2026 110.88
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 5037080918 COMM DEV LEASE 12.21.25 - 01.20.26 12/26/2025 01/21/2026 0.00 110.88

WESTROCK LLC
Total Vendor Amount
146,613.86
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 01/16/2026 146,613.86
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 1 A ST. - OLSON TO 223 CONST 11.04.25 - 11.30.25 12/15/2025 01/15/2026 0.00 146,613.86 1555
Vendor Number

WEX BANK
Total Vendor Amount
9,346.10
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 01/16/2026 9,346.10
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 109525186 FUEL USAGE FOR NOVEMBER 2025 12/25/2025 01/23/2026 0.00 9,346.10

4.A.1
Attachment: Demand Register(s) of January 09, 2026 - January 22, 2026 (Demand Register(s) of January 09, 2026 - January 22, 2026.) Payment Register APPKT01174 - FOR AP 1/15/2026
1/16/2026 9:40:09 AM Page 9 of 10
Payment Summary
Type
Payment
Count Discount Payment
Payable
Bank Code Count
Main Pool Ck Check 106 53 0.00 831,075.56
Packet Totals: 106 53 0.00 831,075.56

4.A.1
Attachment: Demand Register(s) of January 09, 2026 - January 22, 2026 (Demand Register(s) of January 09, 2026 - January 22, 2026.)

4.B.1
Attachment: Payroll Register(s) of January 16, 2026 (Payroll Register(s) of January 16, 2026.)

4.B.1
Attachment: Payroll Register(s) of January 16, 2026 (Payroll Register(s) of January 16, 2026.) Special Arvin City Council Meeting Minutes – January 12, 2026.

Page 1 of 2 ends

SPECIAL MEETING MINUTES

ARVIN CITY COUNCIL / SUCCESSOR AGENCY TO THE

ARVIN COMMUNITY REDEVELOPMENT AGENCY / ARVIN HOUSING AUTHORITY /

ARVIN PUBLIC FINANCING AUTHORITY
JANUARY 12, 2026
CALL TO ORDER @ 6:05PM

PLEDGE OF ALLEGIANCE

INVOCATION
ROLL CALL: All present.

1. APPROVAL OF AGENDA AS TO FORM.

Motion to approve the agenda with the following change:
- Move Action Item 4B to be considered after Item 1 Approval of the Agenda and prior to Item 2A Closed Session.

Motion CM Tarver Second CM Perez Vote 3-0

2. CLOSED SESSION ITEM(S)
A. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government Code §54957(b).)
Title: City Manager
CLOSED SESSION REPORT BY CITY ATTORNEY: No reportable action.

3. ELECTION OF VICE MAYOR
Councilmember Donny Horton nominated Councilmember Jaime Perez.

Councilmember Tim Tarver nominated Councilmember Jaime Perez.

Vote 5-0
Jaime Perez was appointed to serve as the Mayor Pro Tem.

4. ACTION ITEM(S)
A. Consideration and Approval of A Resolution of the City Council of the City of Arvin Repealing and Resending Resolution No. 2025-74 and Setting Forth the Meeting Dates and City Holidays for Calendar Year 2026.

Staff recommends the Council approve the Resolution.

Motion to approve the Resolution.

Motion CM Horton Second MPT Perez Vote 5-0
Resolution No. 2026-01

4.C.1
Attachment: Minutes of the Special Arvin City Council Meeting of January 12, 2026 (Minutes of Special Meeting(s) of January 12, 2026 and Special Arvin City Council Meeting Minutes – January 12, 2026.

Page 2 of 2 ends

B. Consideration and Approval of A Resolution of the City Council of the City of Arvin Declaring Certain City Owned Personal Property as Surplus and Authorizing Disposition Pursuant to Government Code Section 37350 and Arvin Municipal Code Section 3.08.110.

Staff recommends the Council approve the Resolution and authorize the City Manager to sell Canine Dago to the City of Shafter for $10,000, subject to a purchase sale agreement prepared by the City Attorney’s Office.

Action Item 4B was considered after Item 1 Approval of the Agenda and prior to Item 2A Closed Session.

Motion to approve the Resolution with the sale of the proceeds to be used for the current police canine and handler’s training budget.

Motion CM Tarver Second CM Horton Vote 5-0
Resolution No. 2026-02

5. ADJOURNED @ 7:50PM
Respectfully submitted,
Cecilia Vela, City Clerk

4.C.1
Attachment: Minutes of the Special Arvin City Council Meeting of January 12, 2026 (Minutes of Special Meeting(s) of January 12, 2026 and Arvin City Council Meeting Minutes – January 13, 2026.

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
JANUARY 13, 2026
CALL TO ORDER @ 6:05PM

PLEDGE OF ALLEGIANCE

INVOCATION
ROLL CALL: CM Tarver and CM Horton absent; All others present.

1. APPROVAL OF AGENDA AS TO FORM.

Motion to approve the agenda.

Motion MPT Perez Second CM Reyes Vote 3-0

3. PRESENTATION(S)
A. Human Trafficking Awareness Month
Coalition Against Human Trafficking
B. Certificates of Recognition: Arvin High Future Farmers of America (FFA)

4. CONSENT AGENDA ITEMS
A. Approval of Demand Register(s) of December 06, 2025 – January 08, 2026.

B. Approval of Payroll Register(s) of December 05, 2025; December 19, 2025; and January 02, 2026.

C. Approval of Minutes of the Regular Arvin City Council Meeting(s) of December 09, 2025.

D. Approval of Minutes of the Special Arvin Planning Commission Meeting(s) of November 04, 2025.

4.C.2
Attachment: Minutes of the Regular Arvin City Council Meeting of January 13, 2026 (Minutes of Special Meeting(s) of January 12, 2026 and Arvin City Council Meeting Minutes – January 13, 2026.

Page 2 of 3 ends

E. Approval of Second Reading and Adoption of An Ordinance of the City Council of the City of Arvin Amending Section 2.06.090 and Section 2.06.100 of the Arvin Municipal Code Regarding Administrative Authority of the City Manager:

Employee Oversight and Appointment/Removal.

Ordinance No. 2026-502
F. Approval of A Proclamation Proclaiming January 2026 as Human Trafficking Awareness Month.

G. Approval of A Proclamation Proclaiming January 19, 2026 as Martin Luther King, Jr. Day.

Staff recommends approval of consent agenda.

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

Motion MPT Perez Second CM Reyes Vote 3-0

5. PUBLIC HEARING(S)
A. A Public Hearing to Consider Approval of A Resolution of the City Council of the City of Arvin Declaring There Are No Unmet Transit Needs That Can Be Reasonably Met Within the City of Arvin.

Staff recommends that the Council open the hearing, allow for public testimony, close the hearing, and approve the Resolution.

Hearing opened.

No public testimony received.

Hearing closed.

Motion to approve the Resolution.

Motion MPT Perez Second CM Reyes Vote 3-0
Resolution No. 2026-03

6. ACTION ITEM(S)
A. Consideration and Approval of Appointment of Board of Trustee to the Kern Mosquito and Vector Control District (KMVCD) and Setting the Term of Appointment.

Staff recommends that the City Council appoint a qualified Arvin resident or a member of the City Council to serve as the KMVCD Board Trustee and set the term of the appointment.

Motion to appoint Xitlali Michel as the City of Arvin’s Kern Mosquito and Vector Control District (KMVCD) Board of Trustee through December 31, 2029.

Motion Mayor Calderon Second MPT Perez Vote 3-0

4.C.2
Attachment: Minutes of the Regular Arvin City Council Meeting of January 13, 2026 (Minutes of Special Meeting(s) of January 12, 2026 and Arvin City Council Meeting Minutes – January 13, 2026.

Page 3 of 3 ends

7. SUCCESSOR AGENCY ACTION ITEM(S)
A. Consideration and Approval of A Resolution of the Board of Directors of the Successor Agency to the Dissolved Arvin Community Redevelopment Agency, Approving and Adopting A Recognized Obligation Payment Schedule Covering the Period of July 1, 20256 through June 30, 20267 Pursuant to Health and Safety Code Section 34177(l) AND (o).

Staff recommends approval of the Resolution.

Motion to approve the Resolution of the Board of Directors of the Successor Agency to the Dissolved Arvin Community Redevelopment Agency, Approving and Adopting A Recognized Obligation Payment Schedule Covering the Period of July 1, 2026 through June 30, 2027 Pursuant to Health and Safety Code Section 34177(l) AND (o).

Motion AM/MPT Perez Second AM/CM Reyes Vote 3-0
Resolution No. 2026-04

8. COUNCIL MEMBER COMMENTS

9. ADJOURNED @ 7:30PM
Respectfully submitted,
Cecilia Vela, City Clerk

4.C.2
Attachment: Minutes of the Regular Arvin City Council Meeting of January 13, 2026 (Minutes of Special Meeting(s) of January 12, 2026 and

Page 1 of 1 ends

Staff Report re Reso Approving Fee Waiver for City Park Fields

CITY OF ARVIN
Staff Report
Meeting Date: January 27, 2026
TO: Arvin City Council
FROM: Jeff Jones, City Manager
SUBJECT: Adopt a Resolution Approving Arvin Force Baseball Team’s and Arvin Little League’s Request to Provide Field Maintenance Services in Exchange for Waiver of City of Arvin Sports Fields Fees for the 2026 Calendar Year; and Contingent Upon Execution of License Agreement for Use of the Baseball Fields with the City of Arvin and Providing the Requisite General Liability Insurance.

BACKGROUND:

Staff have received requests for fee waivers for 2026 from two local sports organizations, Arvin Force Baseball Team and Arvin Little League, for the use of City Park fields in support of their local activities. Each of these organizations are 501(c)3 non-profit organizations who are active in the Arvin community. Fees for field rental and lighting for youth teams are set forth in the City’s Master Fee Schedule at $5.00 for every 2 hours of use. Facility fee waiver requests for each organization would result in waiver of the total amounts listed below:
• Arvin Force Baseball Team $3,940.00
• Arvin Little League $5,145.00
STAFF RECOMMENDATION:

Staff recommends Council find the requested waivers would provide a public benefit to the community and the amount of the request is de minimis in nature and not subsidized from other facility fees, and adopt two (2) resolutions approving fee waiver requests for City Park Fields from Arvin Force Baseball Team and Arvin Little League in exchange for maintenance services for the 2026 calendar year; and contingent up each team executing a license agreement for use of the baseball fields with the City of Arvin and providing the requisite general liability insurance.

FINANCIAL IMPACT:

The fees associated with the facility fee waiver request total $9,085. Reducing fees will result in a loss of revenue for the City’s General Fund. The reduced maintenance obligations will increase the amount of staff time that will be available to perform other Parks maintenance tasks but will not result in a cost savings since permanent staff expenses are fixed.

ATTACHMENTS:

1. Arvin Force Baseball Team Request for Fee Waiver

2. Resolution to approve Arvin Force Baseball Team fee waiver request

3. Arvin Little League Request for Fee Waiver

4. Resolution to approve Arvin Little League fee waiver request

5. City of Arvin License Agreement for Use of Park Soccer and/or Baseball Fields

4.D.1
Attachment: Staff Report Fee Waiver City Park Fields_012726 (Arvin Force Baseball Fee Waiver for Use of Park Baseball Fields)

Page 1 of 2 ends

Reso Fee Waiver City Park Fields
RESOLUTION NO. ______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARVIN

APPROVING A FEE WAIVER REQUEST FROM ARVIN FORCE

BASEBALL TEAM FOR USE OF KOVACEVICH AND DIGIORGIO
PARK BASEBALL FIELDS FOR 2026
WHEREAS, on February 15, 2011, the Arvin City Council adopted Resolution No. 2011-08 establishing a schedule of fees and charges for City services; and WHEREAS, on June 19, 2018, the Arvin City Council adopted Resolution No. 2018-45 amending and updating the existing citywide Master Fee Schedule, establishing various fees and charges for City services and regulatory activities relating to its Police Department, Animal Control Services, City Facility Rentals, Transit, Building Services, City Engineering Services and City Planning Services; and
WHEREAS, the Fee Schedule outlines the fees for field rental and lighting fees; and WHEREAS, Arvin Force Baseball Team has offered to provide additional field maintenance services in 2026 in exchange for waiving of fees; and WHEREAS, the City Council finds that this request provides a public benefit to the community, that the amount of the request is de minimis in nature and not subsidized from other facility fees.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arvin finds direct public benefit will be provided by the Arvin Force Baseball Team to the City of Arvin. The City Council of the City of Arvin, in exchange for maintenance services, does hereby authorize waiving facility fees for the use of City sports fields in an amount not to exceed $3,940. This approval from the City of Arvin is contingent upon Arvin Force Baseball executing a license agreement for use of the baseball fields with the City of Arvin and providing the requisite general liability insurance.
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4.D.2
Attachment: Reso Waiver of Field Fees for Arvin Force Baseball 2026_012726 (Arvin Force Baseball Fee Waiver for Use of Park Baseball Fields)

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Reso Fee Waiver City Park Fields
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 27th day of January 2026, 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.

4.D.2
Attachment: Reso Waiver of Field Fees for Arvin Force Baseball 2026_012726 (Arvin Force Baseball Fee Waiver for Use of Park Baseball Fields)

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

LICENSE AGREEMENT

FOR USE OF CITY PARK SOCCER AND/OR BASEBALL FIELD(S)
***Licensee must provide proof of insurance as stated in this agreement and must also provide proof of non-profit status and/or proof of organization / team league. ***Must reserve and provide payment of fees minimum 4 weeks (28 days) in advance of use. *** For Evening Use: Must reserve with lights during dark hours. Hours of darkness to be determined by City and may change dependent on time of year.

FEE: (Must reserve in 2-hour increments.)
____ Day Use ____ Evening Use
Youth Leagues = $5 per each 2 hours Youth Leagues = $5 per each 2 hours Adult Leagues = $15 per each 2 hours Adult Leagues = $30 per each 2 hours This License Agreement by and between the City of Arvin (“City)” and _______________________________________________ (“Licensee”), for the use of park baseball and/or soccer field(s) (“Park”) located at the address listed below for the following (“activity” or “activities”):

Contact Name(s):
(List contacts authorized by non-profit / organization / team league and responsible for event) Contact Phone#:

Address, City, State, Zip:

Select Park listed below:
___ DiGiorgio Park __ Kovacevich Park ___ Kovacevich Park ____ Smothermon Park 701 Haven Dr. 5th Ave. & A St. 5th Ave. & A St. 800 Walnut Dr. (Baseball) (Big Baseball Field) (Small Baseball Field) (Soccer) Print legibly all activities of Licensee and participants:

4.D.3
Attachment: Arvin License Agreement for Use of City Park Soccer and Baseball Fields_012726 (Arvin Force Baseball Fee Waiver for Use of

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DATES AND HOURS OF USE:

Date: Start Time: am/pm End Time: _am/pm Fee $______
Date: Start Time: am/pm End Time: _am/pm Fee $______
Date: Start Time: am/pm End Time: _am/pm Fee $______
Date: Start Time: am/pm End Time: _am/pm Fee $______
Date: Start Time: am/pm End Time: _am/pm Fee $______
Date: Start Time: am/pm End Time: _am/pm Fee $______
Date: Start Time: am/pm End Time: _am/pm Fee $______
Date: Start Time: am/pm End Time: _am/pm Fee $______
Date: Start Time: am/pm End Time: _am/pm Fee $______
Date: Start Time: am/pm End Time: _am/pm Fee $______
Date: Start Time: am/pm End Time: _am/pm Fee $______
For the purpose of this License, the Park(s) selected above shall include any and all baseball fields, soccer fields, and any parking lot, sidewalk or access drive connected with it and used or occupied during the activities.

In consideration for Licensor’s granting the right to use the designated facility, LICENSEE AGREES TO THE FOLLOWING REQUIREMENTS, RULES AND RESPONSIBILITIES:

REQUIREMENTS:

1. By signing this agreement, Licensee agrees to accept full responsibility for the operation of the premises subject to this License and abide by all laws, Municipal Codes, City Policies and use Conditions.

2. All organized recreation, sport or athletic events shall maintain participant rosters, including participant waivers and release of liability and indemnification, for a minimum of two (2) years. The rosters, including each associated waivers and release of liability and indemnification, shall be available to the City upon request within two (2) weeks' notice from the City.

3. Licensee shall provide City, prior to commencement of the use of the Park under this agreement, Certificates of Insurance and policy endorsements required under this License, attached as Exhibit “A” to this License and made a part hereof.

4. Field reservation requests will be accepted in person at the City of Arvin, City Hall, 200 Campus Drive, Arvin, CA 93203 or by phone at (661) 854-3134. Only user(s)/groups who have a completed and signed a License Agreement will be considered for field requests. Field reservations are determined on a first-come, first-served basis.

5. Use of Park is subject to charge as listed in fee schedule. Licensee shall be responsible for full payment of all related charges when applicable.

4.D.3
Attachment: Arvin License Agreement for Use of City Park Soccer and Baseball Fields_012726 (Arvin Force Baseball Fee Waiver for Use of

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RULES & RESPONSIBILITIES:

1. Conduct activities and operations only for the activity(ies) stated in the License. Any change must be submitted for approval in writing to the City.

2. Do not violate, permit or suffer the violation of any Federal, State Law, County Ordinance, or City Code or Ordinance, including parks ordinance and all rules and regulations listed here and posted at the site.

3. Surrender possession of the premises peaceably and promptly at the end of activity. Park hours of 6:00 am to 10:00 pm will be strictly enforced;

4. There shall be NO SMOKING allowed inside the gates or within 25’ of the main pedestrian gates and no chew tobacco products or discard of any smoking waste in any park pursuant to Arvin Municipal Code Section 9.24.035.

5. Alcoholic beverages are not permitted.

6. Outside food and non-alcoholic beverages are permitted. Applicant(s)/Organizations(s)/Team(s) holding events must complete and submit a Special Event Permit Application to the City of Arvin. If food is served or sold, all Applicant(s)/Organization(s)/Team(s) are required to obtain and provide to the City of Arvin, copies of all applicable host food permits issued by the Kern County Health Department and all food vendors are required to obtain and provide to the City of Arvin, copies of all applicable food permits issued by the Kern County Health Department

7. No parking permitted in any area other than designated parking spaces in parking lot and on public street.

8. Restrooms must remain open during all hours of public events. Applicant is responsible for supplying all materials including additional restroom paper and toiletries as needed to serve the number of attendees. The City of Arvin will not supply any additional materials including restroom paper and toiletries outside of the City’s regular maintenance park and restroom schedule. Please note that the City may be required to close restrooms without notice due to repairs needed or other non-operative or unforeseen conditions.

9. No staking of tents or awnings is permitted. Bounce houses, waterslides, platforms, stages, floors, or any other equipment is not permitted.

10. Music, sound amplification, speakers, or any other device that creates sound or noise including DJ’s and/or bands are not permitted.

11. Unauthorized vending/selling is prohibited in park including the fields and parking lots.

12. Transfer of license is not allowed. Any other person, business, or association conducting an activity hosted by Licensee or operating concurrent with Licensee’s event must execute a separate License Agreement.

13. The City is not responsible for preparing the field. Licensee accepts the field and Park in its present condition, “as is”, upon execution of this Agreement. City makes no warranty of the suitability of the property or the Park for Licensee’s operations or other use of the Park by Licensee and expressly disclaims any warranty or representation with regard to the condition, safety, security or suitability for Licensee’s intended use of the Park.

14. Painting, including chalking or special markings of any kind, of the Park or field is not permitted.

4.D.3
Attachment: Arvin License Agreement for Use of City Park Soccer and Baseball Fields_012726 (Arvin Force Baseball Fee Waiver for Use of

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15. The Licensee must have an identifiable representative, over the age of 21, on site for the duration of the use, to assist City staff in enforcing all Park rules and shall be responsible to handle all questions and concerns regarding the activities.

16. The City of Arvin is not responsible for loss or damage to personal property or vehicles belonging to those using the fields.

17. The City of Arvin shall have the right to enter the Park at any and all reasonable times for the purpose of inspection and observation of Licensee’s operations. During these inspections, City shall have the right to utilize photographic devices and other instruments for recording conditions and events taking place on the property, including the Park. Inspections may be made by City employees or may be made by independent contractors engaged by City.

18. The City of Arvin reserves the right to cancel any event or to restrict access to the fields due to an emergency, severe weather, vandalism, poor playing conditions or damage that could cause safety concerns.

19. Nothing herein shall restrict either the open space or other general park areas and recreation use by the public.

20. Clean up by Licensee: Departure times should allow for cleanup from activity as follows:
a. Pick up trash in bathrooms generated by Licensee, its officers, agents, employees, guests, patrons, and invitees during activity.
b. Pick up trash on grounds, including parking lots, walkways, etc. generated by Licensee, its officers, agents, employees, guests, patrons, and invitees during activity. c. Remove any and all decorations, banners, signs, etc. and any attachment apparatus, including tape, to leave the premises in the same condition as upon arrival. d. If grounds are not left clean, or if there is damage to the grounds, facilities or equipment, Licensee shall be responsible to reimburse City for all costs associated with clean-up and and/or repair.

20. No Removal of City Property or Equipment: No City property or equipment may be removed.

21. Licensee shall pay for any and all damages to property of the City, for loss or theft or such property, done or caused by Licensee, its officers, agents, employees, guest, patrons, and invitees.

22. Unless specifically exempted in writing by the City, Licensee shall comply with all provisions of Arvin Municipal Code Section 9.24.030 and 9.24.035, including but not limited to the following:
 Vehicles or cycles of any kind are only authorized on park roadways as permitted by law.  Defacing, removing, or disturbing any natural or artificial plant, fixture or other park property is prohibited.
 Fires are prohibited except in picnic stoves, braziers, or fire pits provided for that purpose;  Exits, pathways and roadways must be kept clear and free from obstruction at all times;  Groups, in excess of twenty four (24) persons are prohibited within the park without a permit from the city.

INSURANCE:

Licensee shall maintain Commercial General Liability insurance with coverage at least as broad as Insurance Services Office (ISO) form CG 00 01 in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, and $1,000,000 products and completed operations. The policy shall include a per project or per location general aggregate endorsement. If a per project/location

4.D.3
Attachment: Arvin License Agreement for Use of City Park Soccer and Baseball Fields_012726 (Arvin Force Baseball Fee Waiver for Use of

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endorsement is not available, the limit for the general aggregate shall be doubled. The policy(s) shall provide and be endorsed to include the City, its officials, officers, employees, agents, and volunteers as additional insureds on ISO form CG 20 10 (or equivalent) for ongoing operations, and, for construction or service agreements, ISO form CG 20 37 (or equivalent) for completed operations. The policy shall allow and be endorsed as primary and not seek contribution from the City’s coverage.

INDEMNITY:

Licensee agrees to indemnify, defend, and hold harmless the City, its officials, officers, employees, agents, and volunteers from and against any and all claims, demands, causes of action, losses and damages for every cause, costs and liabilities, including, but not limited to injury to person or property, and related costs and expenses, including reasonable attorneys fees, arising directly or indirectly out of the use and occupation of the Park herein above described, or from any act or omission of Licensee or any of its officers, agents, employees, guests, patrons, or invitees, during the performance of its obligation under this Agreement.

OTHER PARTIES:

If the Licensee uses, hires, supervises, includes, or manages subcontractors, subconsultants, vendors, agents, teams, or any other party (hereinafter collectively “other party” or “other parties”) to provide services or work or perform under this License Agreement, Licensee must enter into a written and executed contract agreement with each of those other parties. The contract agreement must contain an indemnification, defense, and hold harmless provision in favor of the City, its officials, officers, employees, agents, and volunteers. The contract agreement shall also cause the other party to comply with the insurance requirements required of the Licensee under this License Agreement, including providing an additional insured, and primary and non-contributory endorsements in favor of the City, its officials, officers, employees, agents, and volunteers. Licensee shall obtain certificates of insurance and all policy endorsements from each of its other parties and provide a copy to City upon request.

Failure to comply with license conditions can result in the immediate cancellation of the activity and surrender of the premises, denial of future activities, administrative fines or citations, and/or criminal prosecution.

LICENSOR: LICENSEE:

CITY OF ARVIN
(Print organization / Team Name above.)
Print Name: Print Name:

By: By:
(Signature) (Signature)
Date: Date:

4.D.3
Attachment: Arvin License Agreement for Use of City Park Soccer and Baseball Fields_012726 (Arvin Force Baseball Fee Waiver for Use of

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Staff Report re Reso Approving Fee Waiver for City Park Fields

BACKGROUND:

FINANCIAL IMPACT:

ATTACHMENTS:

1. Arvin Force Baseball Team Request for Fee Waiver

2. Resolution to approve Arvin Force Baseball Team fee waiver request

3. Arvin Little League Request for Fee Waiver

4. Resolution to approve Arvin Little League fee waiver request

5. City of Arvin License Agreement for Use of Park Soccer and/or Baseball Fields

4.E.1
Attachment: Staff Report Fee Waiver City Park Fields_012726 (Arvin Little Leaguel Fee Waiver for Use of Park Baseball Fields)

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Reso Fee Waiver City Park Fields
RESOLUTION NO. ______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARVIN

APPROVING A FEE WAIVER REQUEST FROM ARVIN LITTLE

LEAGUE FOR USE OF KOVACEVICH AND DIGIORGIO PARK
BASEBALL FIELDS FOR 2026
WHEREAS, on February 15, 2011, the Arvin City Council adopted Resolution No. 2011-08 establishing a schedule of fees and charges for City services; and WHEREAS, on June 19, 2018, the Arvin City Council adopted Resolution No. 2018-45 amending and updating the existing citywide Master Fee Schedule, establishing various fees and charges for City services and regulatory activities relating to its Police Department, Animal Control Services, City Facility Rentals, Transit, Building Services, City Engineering Services and City Planning Services; and
WHEREAS, the Fee Schedule outlines the fees for field rental and lighting fees; and WHEREAS, Arvin Little League has offered to provide additional field maintenance services in 2026 in exchange for waiving of fees; and
WHEREAS, the City Council finds that this request provides a public benefit to the community, that the amount of the request is de minimis in nature and not subsidized from other facility fees.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arvin finds direct public benefit will be provided by the Arvin Little League to the City of Arvin. The City Council of the City of Arvin, in exchange for maintenance services, does hereby authorize waiving facility fees for the use of City sports fields in an amount not to exceed $5,145. This approval from the City of Arvin is contingent upon Arvin Force Baseball executing a license agreement for use of the baseball fields with the City of Arvin and providing the requisite general liability insurance.
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4.E.2
Attachment: Reso Waiver of Field Fees for Arvin Little League 2026_012726 (Arvin Little Leaguel Fee Waiver for Use of Park Baseball Fields)

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AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST
CECILIA VELA, City Clerk

CITY OF ARVIN
By:

OLIVIA CALDERON, Mayor
APPROVED AS TO FORM:

By:

4.E.2
Attachment: Reso Waiver of Field Fees for Arvin Little League 2026_012726 (Arvin Little Leaguel Fee Waiver for Use of Park Baseball Fields)

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

LICENSE AGREEMENT

Contact Name(s):
(List contacts authorized by non-profit / organization / team league and responsible for event) Contact Phone#:

Address, City, State, Zip:

4.E.3
Attachment: Arvin License Agreement for Use of City Park Soccer and Baseball Fields_012726 (Arvin Little Leaguel Fee Waiver for Use of Park

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DATES AND HOURS OF USE:

In consideration for Licensor’s granting the right to use the designated facility, LICENSEE AGREES TO THE FOLLOWING REQUIREMENTS, RULES AND RESPONSIBILITIES:

REQUIREMENTS:

5. Use of Park is subject to charge as listed in fee schedule. Licensee shall be responsible for full payment of all related charges when applicable.

4.E.3
Attachment: Arvin License Agreement for Use of City Park Soccer and Baseball Fields_012726 (Arvin Little Leaguel Fee Waiver for Use of Park

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RULES & RESPONSIBILITIES:

1. Conduct activities and operations only for the activity(ies) stated in the License. Any change must be submitted for approval in writing to the City.

3. Surrender possession of the premises peaceably and promptly at the end of activity. Park hours of 6:00 am to 10:00 pm will be strictly enforced;

5. Alcoholic beverages are not permitted.

7. No parking permitted in any area other than designated parking spaces in parking lot and on public street.

9. No staking of tents or awnings is permitted. Bounce houses, waterslides, platforms, stages, floors, or any other equipment is not permitted.

10. Music, sound amplification, speakers, or any other device that creates sound or noise including DJ’s and/or bands are not permitted.

11. Unauthorized vending/selling is prohibited in park including the fields and parking lots.

14. Painting, including chalking or special markings of any kind, of the Park or field is not permitted.

4.E.3
Attachment: Arvin License Agreement for Use of City Park Soccer and Baseball Fields_012726 (Arvin Little Leaguel Fee Waiver for Use of Park

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16. The City of Arvin is not responsible for loss or damage to personal property or vehicles belonging to those using the fields.

19. Nothing herein shall restrict either the open space or other general park areas and recreation use by the public.

20. No Removal of City Property or Equipment: No City property or equipment may be removed.

21. Licensee shall pay for any and all damages to property of the City, for loss or theft or such property, done or caused by Licensee, its officers, agents, employees, guest, patrons, and invitees.

INSURANCE:

4.E.3
Attachment: Arvin License Agreement for Use of City Park Soccer and Baseball Fields_012726 (Arvin Little Leaguel Fee Waiver for Use of Park

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INDEMNITY:

OTHER PARTIES:

LICENSOR: LICENSEE:

CITY OF ARVIN
(Print organization / Team Name above.)
Print Name: Print Name:

By: By:
(Signature) (Signature)
Date: Date:

4.E.3
Attachment: Arvin License Agreement for Use of City Park Soccer and Baseball Fields_012726 (Arvin Little Leaguel Fee Waiver for Use of Park

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Lease Agreement – Adobe Plaza – LOTH/Shar-On Corp.

CITY OF ARVIN
Staff Report
Meeting Date: January 27, 2026
TO: Arvin City Council
FROM: Jeff Jones, City Manager
SUBJECT: Approval of Lease Agreement Between the City of Arvin and Laborers of the Harvest/Shar-On Corp for Use of the Facility Located at the Adobe Plaza Complex, 141 North A Street, Arvin, Upon Receipt of the Required Documentation, Insurance and Security Deposit from Tenant; and Authorizing the City Manager to Execute Said Lease Agreement.

BACKGROUND:

For the past several years, the City has had a policy of leasing available space at the Adobe Complex at 141 North A Street to local nonprofit and civic organizations. The City was recently approached by the Laborers of the Harvest (LOTH)/Shar-On Corp to lease the largest suite located at the Adobe Plaza.

LOTH/Shar-On Corp is a 501(c)(3) charitable non-profit corporation that has been in existence for approximately 38 years. LOTH/Shar-On Corp wishes to utilize the suite as a food bank which shall include providing fresh foods to any participant who has paid a low membership fee.

Such membership fee will be utilized for maintenance. LOTH/Shar-On Corp will also provide work training programs for seniors, families, and kids.

The City Council approved the attached Policy Guidelines for Leasing City Property on January 26, 2021. Since that time, staff has offered the monthly rent at fair market value at approximately $1.00 per square foot. Tenant request that the City Council consider providing a reduced rental fee of $1.00 per year as approved for leases with other non-profits due to the nature of their program and because they offer free services to the community.

FINANCIAL IMPACT:

The City of Arvin pays for maintenance of lawn and outdoor common areas and for repairs as may be needed such as for the air conditioning unit. The City of Arvin also pays for utilities such as water, gas, sewer, trash service and electricity including heating and air conditioning.

RECOMMENDATION:

Approve the attached lease agreement between the City of Arvin and Laborers of the Harvest (LOTH)/Shar-On Corp for use of the facility located at the Adobe Plaza Complex, 141 North A Street, Arvin, upon receipt of the required documentation, insurance and security deposit from

4.F.1
Attachment: Staff Report Lease Agreement Laborers of the Harvest Adobe Plaza_012726 (Lease Agreement with LOTH/Shar-On Corp for Use of

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Lease Agreement – Adobe Plaza – LOTH/Shar-On Corp.
tenant; and setting the annual base rent to one dollar ($1.00) in accordance with the City of Arvin’s Policy Guidelines for Leasing City Property; and Authorizing the City Manager to execute said lease agreement.

ATTACHMENT:

Lease Agreement between the City of Arvin and Laborers of the Harvest (LOTH)/Shar-On Corp for lease of Adobe Plaza Suite located at 141 North A Street.

4.F.1
Attachment: Staff Report Lease Agreement Laborers of the Harvest Adobe Plaza_012726 (Lease Agreement with LOTH/Shar-On Corp for Use of

Page 1 of 24 ends

RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:

Attention: City Clerk
City of Arvin
200 Campus Drive
Arvin, CA 93203
APNs 190-072-01 and 190-072-04 (portion) [SPACE ABOVE FOR RECORDER’S USE ONLY] Exempt from filing/recording fees per Govt. Code §27383 AGREEMENT NO. _________

LEASE AGREEMENT
This Lease Agreement (“Lease”) is made and entered into on this 01st day of October, 2025 (“Lease Date”), by and between the CITY OF ARVIN, a municipal corporation (“Landlord”) and Laborers of the Harvest (LOTH)/Shar-On Corp (“Tenant”). Landlord and Tenant are sometimes individually referred to as a “Party” and jointly as the “Parties.” RECITALS:

A. Landlord owns that certain real property located at 141 North “A” Street, Arvin California 93203, commonly referred to as The Adobe Complex, which is legally described on Exhibit A attached hereto and incorporated herein by reference (“Real Property”). The Real Property is an improved business complex with thirteen suites, bordered by Fourth Avenue, Acala Street and North A Street. (“Building”).

B. Tenant desires to lease from Landlord and Landlord desires to lease to Tenant a portion of the Building pursuant to the terms set forth herein.

NOW, THEREFORE, the parties agree as follows:

1. Lease Premises; Statutory Notice.

1.1. Lease Premises. Subject to the terms of this Lease, Landlord hereby Leases to Tenant and Tenant hereby leases from Landlord, for Tenant’s exclusive use (i) that portion within the Building as depicted on Exhibit B attached hereto consisting of the Office Space located at 141 North “A” Street, Arvin California 93203. (“Lease Premises)

4.F.2
Attachment: Lease Agreement Adobe Plaza_Laborers of the Harvest_Shar-On Corp_012726 (Lease Agreement with LOTH/Shar-On Corp for Use

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1.2. Common Areas. Excluding the Lease Premises, the portions of the Real Property such as the lobby/entrance area, trash and recycle areas, common hallways, restrooms, driveways, parking areas, landscaping, walkways, sidewalks, and the area around the fountain and gazebo are hereinafter referred to as the (“Common Areas.”)

1.3. Reserved Rights. Landlord shall have the right from time to time, in Landlord’s sole discretion, to do any of the following without Tenant’s consent but on not less than twenty-four (24) hours’ notice to Tenant:
i. To make changes to the Common Areas;
ii. To temporarily close any of the Common Areas for maintenance purposes, so long as reasonable access to the Lease Premises remains available; iii. To add additional buildings and improvements to the Common Areas; iv. To use the Common Areas while engaged in making additional improvements, repairs, or alterations to the Lease Premises, or other portions of the Building; and
v. To do or perform such other acts or make such other changes in, to or with respect to the Common Areas as Landlord may, in the exercise of its reasonable judgment, deem to be appropriate.

1.4. Parking. Tenant shall be assigned a parking area in the lot on the northwest corner of Fourth Ave. and North A Street. There is no long-term or permanent parking of any vehicles permitted. Vehicles left parked overnight will be subject to possible towing by the Landlord at the owner’s expense. Landlord will not be responsible for any damage or theft to cars parked on the premises at any time.

1.5. Statutory Disclosure Notice. Pursuant to California Civil Code Section 1938, Tenant is advised that the Lease Premises has not undergone inspection by a Certified Access Specialist (CASp) and, therefore, Landlord is not aware if the Lease Premises complies with the applicable construction-related accessibility standards pursuant to Civil Code Section 55.53.

2. Term; Right to Terminate.

2.1. Term. This Lease shall commence on October 01, 2025 (“Effective Date”) and be a month to month lease. (“Term”)

2.2. Landlord’s Right to Terminate. At anytime, with or without cause, Landlord may terminate this Lease upon thirty (30) days written notice. Tenant shall remain obligated to pay Base Rent for the remaining period prior to termination of the Lease. Tenant shall surrender the Lease Premises in the condition described herein (Section 25) and Tenant shall not be eligible for moving or relocation expenses.

4.F.2
Attachment: Lease Agreement Adobe Plaza_Laborers of the Harvest_Shar-On Corp_012726 (Lease Agreement with LOTH/Shar-On Corp for Use

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2.3. Recordation. Within ten (10) business days of the execution and acknowledgement of this Lease by both parties, Landlord shall cause a copy of this Lease to be recorded in the Official Records of Kern County (“Official Records”) pursuant to Government Code Section 37393. Upon termination or exercise of any rights under this Lease or an amendment of this Lease, the parties shall record a copy thereof in the Official Records. Upon termination of the Lease, Tenant shall promptly execute, acknowledge and deliver to Landlord any documents reasonably requested by Landlord in order to terminate the Lease in the Official Records.

3. Rent and Other Consideration.

3.1. Basic Rent. City property generally will be leased for fair market rent although other public benefits will be considered. Leases for fair market rent will include provisions for annual or periodic rent increases to ensure the rent amount remains at fair market value throughout the term of the lease. First month’s rent shall be paid at the time of the lease execution by City. City may approve leases for below fair market value if the tenant is a non-profit or government agency and provides significant and beneficial services or programs to City residents through the leased property, which are not already available in the City or are in short supply.

In determining whether to offer a below-fair-market rent, the City will also consider whether the proposed tenant charges market rates for its services and programs or whether it offers them at a subsidized rate. A lease with lower than fair market rent shall require the tenant to provide the services or programs on an ongoing basis throughout the term of the lease and to provide City with regular documentation of such services and programs, and shall provide that rent will revert to market value if the tenant ceases to provide the services and programs or ceases to be a tax-exempt entity. City may approve leases with below-fairmarket rent for a short time period to start-up businesses with demonstrated potential to create significant economic development in the City, provided that the rent shall be increased to fair market rent after a set time period or upon achievement of specified financial milestones by the tenant, as determined by City.

On the Effective Date and on the first (1st) day of each month during the Term, Tenant shall pay to Landlord the sum of one thousand three hundred fifteen dollars ($1,315.00) per month (“Base Rent”). However, because Lessee is nonprofit organization or government agency and provides significant and beneficial services or programs to City residents through the leased property, which are not already available in the City or are in short supply, City agrees to reduce the Base Rent and lease the Premises to Lessee for one dollar ($1.00) per year ("Reduced Rent"). Should Lessee cease to provide the significant and beneficial services or programs to City residents through the leased property, Lessee agrees that the rent due shall revert back to the Base Rent as stated above.

Payment shall be made to the City of Arvin, Post Office Box 548, Arvin, California 93203 on the first day of each month.

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3.2. Base Rent Increase. On each anniversary of the Effective Date, Landlord, in its sole discretion and upon thirty (30) days’ written notice to Tenant, may adjust the Base Rent effective each anniversary of the Effective Date (“Anniversary Date”) during the Term by the Percentage Increase (but not more than three percent (3%) per lease year) in the “Consumer Price Index factor for the BakersfieldDelano area. “Percentage Increase” shall mean the percentage equal to a fraction, the numerator of which shall be the change in the Index from the third month preceding the Effective Date to the third (3rd) month preceding the current anniversary of the Effective Date. In no event shall the Base Rent decrease from the amount previously being paid under this Lease.

3.3. Miscellaneous. All Base Rent shall be paid in advance without notice, demand, deduction or offset on or before the first day of each calendar month during the Term of this Lease. Rent for any period during the Term which is less than one (1) month shall be prorated, assuming a thirty (30) day month. Rent shall be paid to Landlord in lawful money of the United States of America, to Landlord at City of Arvin, Post Office Box 548, Arvin, California 93203 Attention: Finance Director, or at such other place as Landlord may designate in writing. All sums which may be due from Tenant under this Lease are deemed “Rent”.

3.4. Late Charge. If any Base Rent is not received by Landlord within ten (10) days of the due date, Tenant shall pay to Landlord an additional sum of ten percent (10%) of the overdue amount as a late charge, which is agreed to represent a reasonable estimate of the costs incurred by Landlord on account of such delinquency.

Acceptance of a late charge shall not constitute a waiver of Tenant's default with respect to the overdue amount or prevent Landlord from exercising any of the other rights and remedies available to Landlord.

4. Security Deposit. Tenant is required to provide a security deposit to Landlord.

As of the Effective Date, Tenant shall deliver to Landlord the sum of one thousand three hundred and fifteen dollars ($1,315.00) to be held during the entire Lease Term as security for the faithful performance by Tenant of all of its obligations under this Lease (“Security Deposit”). If Tenant defaults with respect to any provisions of this Lease, including, but not limited to, the provisions relating to the payment of Rent, Landlord may, without notice to Tenant, but shall not be required to apply all or any part of the Security Deposit for the payment of any Rent or any other sum in default and Tenant shall, upon demand therefor, restore the Security Deposit to its original amount. Any unapplied portion of the Security Deposit shall be returned to Tenant within sixty (60) days following the termination of this Lease. Tenant shall not be entitled to any interest on the Security Deposit and Landlord shall have the right to commingle the Security Deposit with Landlord's other funds. Tenant hereby waives the provisions of Section 1950.7 of the California Civil Code and all other provisions of law, now or hereafter in effect, which (i) establish the time frame by which a landlord must refund a security deposit under a lease, and/or (ii) provide that a landlord may claim from a security deposit only those sums reasonably necessary to remedy defaults in the payment of rent, to repair damage caused by a tenant or to clean the Lease Premises, it being agreed that Landlord may, in addition, claim those sums specified

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in this Section 4 and/or those sums reasonably necessary to compensate Landlord for any loss or damage caused by Tenant's default of this Lease, including, but not limited to, all damages or rent due upon termination of this Lease pursuant to Section 1951.2 of the California Civil Code.

5. Use of Premises.

5.1. Use. Tenant shall only use the Lease Premises for a food bank which shall include providing fresh foods to any participant with paid low membership cost that will be utilized as a shared maintenance fee and will provide work training programs for seniors, families, and kids. Tenant shall not use or permit the Lease Premises to be used for any other purpose without the prior written consent of Landlord.

5.2. Compliance with Law. Tenant shall, at its sole cost and expense, promptly comply with all laws, statutes, ordinances and other governmental rules, regulations or requirements now in force or which may hereinafter be enacted or promulgated, relating to, or affecting Tenant’s use or occupancy of the Lease Premises.

5.3. Prohibitions. Tenant shall not do or permit anything to be done in or about the Lease Premises which will in any way obstruct or interfere with the rights of other parties, Landlord’s use of the Building, or injure or annoy them or use or allow or permit the Lease Premises to be used for any improper, immoral, unlawful or objectionable purpose. Tenant shall not cause, maintain or permit any nuisance in or about the Lease Premises, nor commit or suffer to be committed any waste or storage of any environmental hazardous materials in or upon the Lease Premises. Tenant shall not do or permit anything to be done in or about the Lease Premises, nor bring or keep anything therein, which will in any way increase the existing rate of or affect any fire or other insurance upon the Lease Premises, or part thereof, or the contents of the Lease Premises, or cause cancellation of any insurance policy covering the Lease Premises, or part thereof, or its contents.

Tenant shall not allow any animals on the Premises except service dogs as defined in federal and state law.

Tenant shall not permit smoking or vaping inside any area of the Lease Premises.

Persons wishing to smoke outside shall do so at a minimum of twenty (20) feet distance from any Lease Premises entrance, exit and operable window. Persons wishing to smoke are responsible for disposing of cigarette butts in an appropriate receptacle.

Tenant and their employees are advised of their responsibility to maintain direct supervision of any and all minor children present at their Lease Premises.

Tenant and their employees are expressly prohibited from using, allowing to be used or bringing any illegal drug or narcotic (under either Federal or state law) onto Lease Premises. In the interest of safety, anyone known to be under the

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influence of drugs and/or alcohol must be asked to, and shall, leave the Lease Premises immediately.

5.4. AS-IS. Tenant has had an opportunity to inspect the Lease Premise prior to the Effective Date and accepts it in AS-IS condition without any representations or warranties of any nature or kind whatsoever from Landlord. Tenant assumes all responsibility and expense of repairing, restoring or fixing the interior of premises so that they are suitable for the permitted uses.

5.5. Matters of Record. This Lease is subject to all existing easements, covenants, servitudes, licenses, rights-of-way and all matters of record with respect to the Common Area.

6. Maintenance and Repairs.

6.1. Tenant’s Duties. Tenant shall, at Tenant’s sole cost and expense, maintain the interior non-structural portions of the Lease Premises (including doors and glass) in good condition and repair at all times and, upon the expiration or sooner termination of this Lease, surrender the Lease Premises in good condition and repair, reasonable wear and tear excepted. Should Tenant fail to vacate the Lease Premises in a clean and undamaged condition, Landlord may arrange for the cleaning and/or repair of the Lease Premises, the cost of which will promptly be reimbursed by Tenant.

6.2. Landlord’s Duties.

6.2.1. Structural Elements. Landlord shall, at Landlord’s sole cost and expense, maintain the structural elements of the Building including building systems, plumbing, electrical, HVAC and other building or structural systems and the parking areas in good condition and repair.

Landlord shall not be required to make repairs necessitated by reason of (1) negligence or willful misconduct of Tenant, or any of Tenant’s staff, volunteers, contractors, invitees, employees, clients or customers; (2) by reason of failure of tenant to perform or observe and promptly report to Landlord any conditions the repair of which are Landlord’s responsibility; or (3) by reason of the failure of Tenant to perform or observe the conditions or agreements in this Lease, or caused by unauthorized alterations, additions or improvements made by Tenant or anyone claiming under Tenant. Tenant shall be solely responsible, at its cost and expense to repair any Tenant caused damage.

6.3. Common Areas. Landlord shall maintain the Common Areas in good condition and repair at all times.

7. Alterations and Additions. Tenant shall not make or suffer to be made any alterations, additions or improvements in, to or about the Lease Premises or any part thereof without the prior written consent of Landlord. Any alterations, additions or improvements in, to or about the Lease Premises including, but not limited to, wall

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coverings, carpeting, paneling and built-in cabinet work, but excepting Tenant’s movable furniture and trade fixtures, shall, on the expiration of the Term, and any extensions thereof, become a part of the realty and belong to Landlord and shall be surrendered with the Lease Premises.

8. Signs. Tenant shall not place any sign upon the Lease Premises without Landlord’s prior written consent. If Landlord consents to any sign, such sign shall be installed or affixed in the receptacle provided for such sign only. Landlord shall not unreasonably withhold its consent to a reasonable sign which Tenant, at Tenant’s sole cost and expense, may install in compliance with Landlord’s requirements and in compliance with all applicable municipal ordinances. Any damage to the Lease Premises occasioned by the installation, maintenance or removal of such sign shall be borne by the Tenant.

9. Utilities. Tenant shall pay, before delinquency, for all charges for water, gas, heat, electricity, power, sewer, telephone service, internet, and all other services and utilities used in, upon or about the Lease Premises by Tenant during the entire Lease. Tenant shall also be responsible for arranging such services directly with the utility service providers. No modifications to the Lease Premises (including any installations to the walls or roof) shall be made by Tenant’s service providers without the prior written consent of Landlord. Furthermore, Landlord shall not provide or be responsible for the use of emergency generator services to Tenant.

10. Claims Against Premises. Tenant shall not suffer or permit to be enforced against the Lease Premises, or any part thereof, any mechanic’s, materialman’s, contractor’s or subcontractor’s liens arising from any claim for any work of construction, repair, restoration, replacement or improvement of or to the Lease Premises or any other claim or demand how ever the same may arise, but Tenant shall pay or cause to be paid any and all such claims or demands before any action is brought to enforce the same against the Lease Premises. Tenant agrees to indemnify and hold Landlord and the Lease Premises free and harmless of all liability for any and all such claims and demands, together with Landlord’s reasonable attorneys’ fees and all costs and expenses in connection with any such claims or liens.

11. Real and Personal Property Taxes. Tenant shall pay, or cause to be paid, before delinquency, any and all taxes levied or assessed and which become payable during the term hereof upon all of Tenant’s possessory interest in and to the Lease Premises, leasehold improvements, equipment, furniture fixtures and personal property located in or about the Lease Premises. Tenant specifically acknowledges that the interest granted under this Lease may be subject to possessory interest taxes. Tenant agrees that, without prior demand or notice by Landlord, Tenant shall, not less than fifteen (15) days prior to the day upon which any such possessory interest or other such tax is due, provide Landlord with proof of payment of such tax.

12. Rules and Regulations. Tenant shall faithfully observe and comply with all the rules and regulations promulgated by Landlord from time to time. Any additions and modifications to those rules and regulations shall be binding upon Tenant upon delivery of a copy thereof to Tenant.

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13. Holding Over. Tenant has no right to retain possession of the Lease Premises or any part thereof beyond the expiration or earlier termination of this Lease. Any holding over after the expiration of the term of this Lease, with the consent of the Landlord shall be a tenancy from month-to-month with Base Rent payable each month. The tenancy is cancelable upon thirty (30) days’ written notice upon the terms and conditions that existed during the last year of the Term.

14. Entry by Landlord. Tenant agrees that representatives of Landlord, as designated by Landlord, shall, during normal business hours, or outside normal business hours in the event of an emergency, have the right to enter the Lease Premises and inspect the same to determine if the same complies with each and every term and condition of this Lease and with all applicable municipal, county, state and federal laws, rules, ordinances and regulations relating to building occupancy and the conduct of Tenant’s business. Tenant waives any claim for damages or for any injury or inconvenience to or interference with Tenant’s business, any loss of occupancy or quiet enjoyment of the Lease Premises, and any loss occasioned thereby. For each of the aforementioned purposes, Landlord shall at all times have and retain a key with which to unlock all of the doors in, upon and about the Lease Premises, excluding Tenant’s vaults, safes and files, and Landlord shall have the right to use any and all means which Landlord may deem proper to open said doors in an emergency in order to obtain entry to the Lease Premises without liability to Tenant, except for any failure to exercise reasonable care for Tenant’s property. Any entry to the Lease Premises obtained by Landlord by any of said reasons, or otherwise, shall not, under any circumstances, be construed or deemed to be a forcible or unlawful entry into, or a detainer of, the Lease Premises, or an eviction of Tenant from the Lease Premises or any portion thereof.

15. Damage. In the event the Lease Premises are destroyed or damaged by fire or other casualty or act of God as to be rendered uninhabitable (“Casualty”), this Lease may be terminated by either party in its sole discretion upon written notice to Tenant within thirty (30) days of such occurrence. If the Lease is not terminated by Landlord or Tenant, Tenant shall be responsible to repair the damage to the Lease Premises and Landlord shall be responsible to repair any damage to the Building (other than the Lease Premises) or Common Areas unless such was caused by Tenant or its employees, agents or invitees in which event Tenant shall, at its sole cost and expense repair the damage.

16. Repair of Damage by Landlord. Tenant agrees to notify Landlord in writing promptly of any damage to the Lease Premises resulting from a Casualty, as defined above. If the Lease Premises are damaged by a Casualty or any Common Areas of the Building providing access to the Lease Premises are damaged by a Casualty such that Tenant does not have reasonable access to the Lease Premises and neither Landlord nor Tenant has elected to terminate this Lease, Landlord shall promptly and diligently restore such Common Areas to substantially the same condition as existed before the Casualty, except for modifications required by building codes and other laws and except for any other modifications to the Common Areas considered desirable by Landlord. In making these modifications, Landlord shall reasonably endeavor to avoid impairing Tenant’s access to the Lease Premises. Landlord’s obligation to restore is

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subject to the availability of insurance proceeds and shall further be subject to reasonable delays for insurance adjustments and other matters beyond Landlord’s reasonable control and subject to the other clauses of this Lease. If Tenant requests that Landlord modify Tenant improvements in connection with the rebuilding, Landlord may condition its consent to those modifications on:
a. Tenant’s payment to Landlord before construction is begun of any sums in excess of the amount of insurance proceeds received by Landlord that are needed to complete the restoration of Tenant improvements; and b. Confirmation by Landlord’s architect or contractor that the modifications will not increase the scope of work or the time necessary to complete Tenant improvements.

17. Waiver of Relocation, Goodwill and Condemnation. Tenant knowingly and voluntarily acknowledges and agrees upon its vacation of the Lease Premises at the end of the Lease term, upon the sooner termination thereof, for any reason or vacation of the Lease Premises under any circumstances, in no event shall Tenant be entitled or shall Landlord, including its employees, agents and assignees, be required to provide any relocation benefits, compensation for loss of goodwill, or assistance under any applicable federal, state or local laws or regulations including without limitation, Uniform Relocation Assistance Laws, California Government Code section 7260, et seq. Further, Tenant being fully informed of any and all of its rights and obligations and all laws and regulations (including without limitation, the Uniform Relocation Assistance Laws, California Government Code section 7260, et seq.) in connection therewith fully waives, releases and rejects any all relocation assistance and benefits relating to or in any respect connected with Tenant vacating the Lease Premises.

Tenant knowingly and voluntarily acknowledges and agrees upon its vacation of the Lease Premises at the end of the Term, upon the sooner termination thereof for any reason, or vacation of the Lease Premises under any circumstances, in no event shall Tenant be entitled or shall Landlord be required to provide any compensation or consideration to Tenant for the leasehold interest of Tenant, improvements pertaining to realty, personal property, fixtures and equipment, pre-condemnation damages, severance damages or interest and litigation expenses, whether based on condemnation, inverse condemnation or any other reason. Upon vacation of the Lease Premises or termination of the Lease, Tenant knowingly waives and surrenders any claims or rights to the leasehold interest, improvements pertaining to really, personal property, fixtures and equipment, precondemnation damages, severance damages or interest and litigation expenses.

18. Estoppel Certificate. Tenant shall, at any time and from time to time, upon not less than ten (10) days’ prior written notice from Landlord, execute, acknowledge and deliver to Landlord a statement in writing (a) certifying that this Lease is unmodified and in full force and effect or, if modified, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effect and the date to which the rental and other charges are paid in advance, if any; and (b) acknowledging that there are not, to Tenant’s knowledge, any uncured defaults on the part of Landlord

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hereunder, or specifying such defaults on the part of Landlord hereunder, or specifying such defaults if any are claimed. Any such statement may be relied upon by any prospective purchaser or encumbrancer of all or any portion of which the Lease Premises are a part.

19. Assignment and Subletting. Tenant shall not assign or transfer this Lease or any right hereunder to any other party or parties, nor shall Tenant sublet all or any portion of the Lease Premises without first obtaining the written consent of Landlord which Landlord may withhold in its sole and absolute discretion. Any transfer, assignment or subletting of the Lease Premises without such prior written consent shall be void for all purposes. Consent to any such transfer, assignment or subletting shall be at Landlord’s sole discretion.

20. Indemnification. Tenant shall defend, indemnify, and hold Landlord harmless from, and reimburse Landlord for, any loss, cost, expense, liability, or damages of every kind or nature, including but not limited to injury to or death of any person or destruction of the Lease Premises in connection with or related to, the use by Tenant or any third party (including officers, directors, employees and invitees) of the Lease Premises or any facilities located thereon in connection with the business being conducted by Tenant. In addition, Tenant shall defend, indemnify, and hold Landlord harmless from any breach or default in the performance of any obligation to be performed by Tenant under this Lease, any violation of governmental law or regulation, or any intentional misconduct or negligence of Tenant, or any officer, agent, employee, guest, or invitee of Tenant, regardless of whether such intentional misconduct or negligence was active or passive.

In the event of the occurrence of any event which is an indemnifiable event pursuant to this Section, Tenant shall notify Landlord promptly and, if such event involves the claim of any third person, Tenant shall assume all expenses with respect to the defense, settlement, adjustment, or compromise of any claim; provided that Landlord may, if it so desires, employ counsel at its own expense to assist in the handling of such claim. Tenant shall obtain the prior written approval of Landlord before entering into any settlement, adjustment or compromise of such claim. Tenant shall reimburse Landlord or any third party (including officers, directors, and employees of Landlord) for any legal expenses and costs incurred in connection with or in enforcing the indemnity herein provided. All indemnification obligations hereunder shall survive the expiration or termination of this Lease. Notwithstanding the generality of the foregoing, Tenant’s obligation to indemnify Landlord shall not extend to liability solely caused by the gross negligence or willful misconduct of Landlord, its officers, employees or agents on the Lease Premises, or events or activities conducted by Landlord.

21. Insurance. Tenant shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to Landlord during the entire Term, and any extension thereof, the following policies of insurance:
a. Personal Property Insurance. Throughout the Term, and any extensions thereof, Tenant shall, at its sole cost and expense, maintain fire and extended

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coverage insurance written on a per occurrence basis on its trade fixtures, equipment, personal property and inventory within the Lease Premises from loss or damage to the extent of their full replacement value. b. Commercial General Liability Insurance. Throughout the Term, at Tenant’s sole cost and expense, Tenant shall keep or cause to be kept in full force and effect, for the mutual benefit of Landlord and Tenant, comprehensive broad form commercial general public liability insurance in an amount not less than One Million Dollars ($1,000,000) per occurrence, Two Million Dollars ($2,000,000) general aggregate, for bodily injury, personal injury, and property damage arising from the use, occupancy, disuse, or condition of the Lease Premises, improvement, adjoining areas or ways, including without limitation, blanket contractual liability.
c. Worker’s Compensation Insurance. Tenant shall, at its sole cost and expense, maintain a policy of Worker’s Compensation Insurance in such amount as will fully comply with the laws of the State of California. d. Policy Form, Contents and Insurer. All insurance required by express provision of this Lease shall be carried only in responsible insurance companies licensed to do business in the State of California. All such policies shall contain language to the effect that: (1) the policies are primary and noncontributing with any insurance that may be carried by Landlord; (2) they cannot be canceled or materially altered except after thirty (30) days’ notice by the insurer to Landlord; and (3) shall list Landlord, its officers, agents and employees as additional insureds. The insurers shall waive all rights of contribution they may have against Landlord, its officers, employees and agents and their respective insurers. Prior to the Effective Date, Tenant shall provide Landlord with certificates of insurance or appropriate insurance binders together with full copy of the policies evidencing the above insurance coverages written by insurance companies with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide. In the event any of said policies of insurance are cancelled or expire, Tenant shall, prior to the cancellation or expiration date, submit new evidence of insurance in conformance with this Section to Landlord.

Tenant may effect for its own account any insurance not required under this Lease. Upon thirty (30) days prior written notice, Landlord may modify or add additional requirements and may increase the amount of coverage required. e. Failure to Maintain Insurance; Proof of Compliance. If Tenant fails or refuses to procure or maintain insurance required by this Lease, or fails or refuses to furnish Landlord with required proof that the insurance has been procured and is in full force and paid for, Landlord shall have the right but not the obligation, at Landlord’s election and on ten (10) days’ notice, to procure and maintain such insurance. The premiums paid by Landlord shall be treated as added rent due from Tenant with interest at the rate of ten percent (10%) per year or the maximum allowable legal rate in effect in the State of California on the date when the premium is paid, whichever is higher, to be paid on the first

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day of the month following the date on which the premium was paid. Landlord shall give prompt notice of the payment of such premiums, stating the amounts paid and the names of the insurer or insurers, and interest shall run from the day of the notice. Notwithstanding that Landlord may secure policies under this Section, the failure of Tenant to obtain and maintain insurance under this Lease shall also constitute a material default by Tenant.

22. Default. The occurrence of any one or more of the following events shall constitute a default and breach of this Lease by Tenant:
a. The failure by Tenant to make any payment of Base Rent or any other payment required hereunder to Landlord within five (5) days after written notice from Landlord of Tenant’s failure to pay any such obligation when due under this Lease. b. Use of Lease Premises for any purpose other than as authorized in this Lease; c. Vacating or abandonment of the Lease Premises by Tenant; d. Failure to provide insurance in accordance with Section 21; e. A failure by Tenant to observe or perform any covenants, conditions or provisions of this Lease (other than payment of money), if the failure to perform is not cured within thirty (30) days of receiving written notice of the default from the Landlord.

If the default cannot be reasonably cured within thirty (30) days, Tenant shall not be in default of this Lease if Tenant commences to cure the default within the thirty (30) day period and diligently and in good faith continues to cure the default. f. The making by Tenant of any general assignment for the benefit of creditors, g. Filing of a voluntary petition in bankruptcy or the adjudication of Tenant as bankrupt.
h. Appointment of a receiver to take possession of all or substantially all the assets of Tenant located at the Lease Premises or of Tenant’s leasehold interest in the Lease Premises.
i. Filing by any creditor of the Tenant of an involuntary petition in bankruptcy which is not dismissed within sixty (60) days after filing.
j. Attachment, execution or other judicial seizure of all or substantially all of the assets of Tenant or Tenant’s leasehold where such an attachment, execution or seizure is not discharged within sixty (60) days.

Any notice required to be given by Landlord under this Section 22 shall be in lieu of and not in addition to any notice required under Section 1161 of the California Code of Civil Procedure.

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23. Remedies on Default. In the event of any such material default or breach by Tenant, Landlord may at any time thereafter and without notice or demand and, without limiting Landlord in the exercise of a right or remedy Landlord may have by reason of such default or breach:
a. Termination of Lease Tenant’s right to possession of the Lease Premises by any lawful means, in which case this Lease shall terminate and Tenant shall immediately surrender possession of the Lease Premises to Landlord. In such event, Landlord shall be entitled to recover from Tenant all damages incurred by Landlord by reason of Tenant’s default including, but not limited to, the cost of recovering possession of the Lease Premises, expenses of reletting, including necessary renovation and alteration of the Lease Premises, for reasonable attorneys’ fees and costs, any real estate commission actually paid, or the worth at the time of the award of the unpaid rent which had been earned at the time of the termination; the worth at the time of award of the amount by which the unpaid rent which would have been earned after termination until the time of award exceeds the amount of such rent that Lessee proves could have been reasonably avoided; and any other amount necessary to compensate the Landlord for all the detriment proximately caused by the Tenant’s failure to perform Tenant’s obligations under this Lease.
b. Maintain Tenant’s right to possession, in which case this Lease shall continue in effect whether or not Tenant shall be entitled to enforce all of Landlord’s rights and remedies under this Lease, including the right to recover Rent as it becomes due hereunder.
c. Pursue any other remedy now or hereafter available to Landlord under the laws or judicial decisions of the State of California. Furthermore, Tenant agrees that no election by Landlord as to any rights or remedies available hereunder or pursuant to any law or judicial decisions of the State of California shall be binding upon Landlord until the time of trial of any such action or proceeding. d. Take custody of all personal property owned by Tenant on the Premises and to dispose of the personal property and to apply the proceeds from any sale of that property to Tenant’s obligations under this Lease.

24. Waiver. The waiver by Landlord of any term, covenant or condition herein contained shall not be deemed to be a waiver of such term, covenant or condition on any subsequent breach of the same or any other term, covenant or condition herein contained.

Acceptance of late payment of Base Rent by Landlord shall not be deemed to be a waiver of any preceding breach by Tenant of any term, covenant or condition of this Lease, other than the failure of Tenant to pay the particular rental so accepted, regardless of Landlord’s knowledge of such preceding breach at the time of acceptance of such Base Rent.

25. Surrender of Leased Premises. Upon expiration or termination of this Lease, Tenant shall deliver to Landlord physical possession of the Lease Premises and the Leased Personal Property in good condition and repair, reasonable wear and tear.

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26. Time. Time is of the essence of this Lease and each and all of its provisions.

27. Inability to Perform. This Lease and the obligations of Tenant hereunder shall not be affected or impaired because Landlord is unable to fulfill any of its obligations hereunder or is delayed in doing so, if such inability or delay is caused by reason of strike, war, civil insurrection, acts of God, or any other cause beyond the reasonable control of Landlord.

28. Sale of Premises by Landlord. In the event of any sale of the Lease Premises, Landlord shall be and hereby is entirely freed and relieved of all liability under any and all of the covenants and obligations contained in or derived from this Lease arising out of any act, occurrence or omission occurring after the consummation of such sale. The purchaser, at such sale or any subsequent sale of the Lease Premises, shall be deemed, without any further agreements between the parties or their successors in interest or between the parties and any such purchaser, to have assumed and agreed to carry out each and all of the covenants and obligations of Landlord under this Lease.

29. Successors. The covenants herein contained shall, subject to the provisions as to assignment, apply to and bind the heirs, successors, executors, administrators and assigns of all the Parties hereto, and each and all, including the Party making the assignment, shall be jointly and severally liable hereunder.

30. Notices. Any notices, demands or communications under this Agreement between the parties shall be in writing, and may be given by (i) personal service, (ii) overnight delivery, or (iii) mailing via United States mail, certified mail, postage prepaid, return receipt requested, addressed to each party as set forth below or such other address as may be furnished in writing by a party, and such notice or communication shall, if properly addressed, be deemed to have been given (a) as of the date so delivered under delivery methods (i) or (ii) above, or (b) three (3) business days after deposit into the U.S. Mail.

Tenant: Laborers of the Harvest (LOTH)/Shar-On Corp
508 Woodrow St.

Taft, CA 93268
Landlord: City of Arvin
200 Campus Drive
Arvin, California 93203
Attention: City Manager
Copy to: Burke, Williams & Sorensen, LLP
Attn: Stephanie Gutierrez
1770 Iowa Avenue, Suite 240
Riverside, CA 92507

31. Execution by Landlord Not a Waiver. Tenant understands and agrees that Landlord, by entering into and executing this Lease, shall not have waived any right, duty, privilege, obligation or authority vested in Landlord with respect to the Lease Premises to

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approve, disapprove or conditionally approve any application which Tenant may be required to make under any laws, rules, ordinances or regulations now or hereafter in effect which said Landlord may be empowered to apply including, but not limited to, any use permit or approval, whether similar in nature or not.

32. Entire Agreement. This Lease contains the entire agreement between the parties. No promise, representation, warranty, or covenant not included in this Lease has been or is relied on by either party. Each party has relied on his own examination of this Lease, the counsel of his own advisors, and the warranties, representations, and covenants in the Lease itself. The failure or refusal of either party to inspect the Lease Premises or improvements, to read the Lease or other documents or to obtain legal or other advice relevant to this transaction constitutes a waiver of any objection, contention, or claim that might have been based on such reading, inspection, or advice.

33. Construction. This Lease shall be construed according to its fair meaning as if prepared by both parties. Headings used in this Agreement are provided for convenience only and shall not be used to construe meaning or intent.

34. Attorneys’ Fees. In the event that any action or proceeding is brought by either party to enforce any term or provision of this Lease, the prevailing party shall recover its reasonable attorneys’ fees and costs incurred with respect thereto.

35. Authority of Parties. Each individual executing this Lease on behalf of Tenant represents and warrants that he or she is fully authorized to execute and deliver this Lease on behalf of Tenant and that this Lease is binding upon Tenant in accordance with its terms.

36. Governing Law. This Lease shall be governed by, interpreted under, and construed and enforced in accordance with the laws of the State of California.

37. Jurisdiction. If any legal action is necessary to enforce the terms and conditions of this Agreement, the parties agree that a court of competent jurisdiction in the County of Kern shall be the sole venue and jurisdiction for the bringing of such action.

38. Severability. If any paragraph, section, sentence, clause, or phrase contained in this Lease shall become illegal, null or void, against public policy, or otherwise unenforceable, for any reason, or held by any court of competent jurisdiction to be illegal, null or void, against public policy, or otherwise unenforceable, the remaining paragraphs, sections, sentences, clauses or phrases contained in the Lease shall not be affected thereby.

39. Recordation of Lease. In accordance with Government Code Section 37393, this Lease shall be recorded in the Official Records of Los Angeles County. Upon extension of the Term or any exercise of rights under this Lease to terminate, the parties shall execute and record an amendment to this Lease. Tenant shall cooperate with executing any documents reasonably required to effect this provision. Upon termination of the Lease, Tenant shall execute and acknowledge any documents reasonably requested by Landlord

4.F.2
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in order to terminate the Lease of record. This obligation shall survive termination of this Lease for any reason.

40. Interest. Any sum due to the Landlord under this Lease shall bear simple interest from and after its due date at a rate equal to ten percent (10%) per month until paid to Landlord, but no in excess of the maximum rate permitted by law.

41. Amendment or Modification. Any modification or amendment of any provision of this Agreement must be in writing executed by both Parties and approved by the Landlord in accordance with applicable law.

42. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original but all of which shall be deemed but one and the same instrument, and a facsimile copy of such execution shall be deemed an original.

43. Non-Discrimination: Tenant herein covenants by and for Tenant, Tenant’s successors, heirs, executors, administrators and assigns, and all persons claiming under or through Tenant, and this Lease is made and accepted upon and subject to the following conditions: that there shall be no discrimination against or segregation of any person or group of persons, on account of race, color, creed, religion, sex, marital status, national origin or ancestry, in the use, occupancy, tenure or enjoyment of the Lease Premises.

44. Acknowledgment:. Each Party acknowledges that they have read and fully understand the contents of this Lease and have had an opportunity to consult with an attorney regarding the same. This Lease represents the entire and integrated agreement between the Parties with respect to the subject matter hereof and supersedes all prior negotiations, representations and agreements, either written or oral.

NOW, THEREFORE, the parties hereto have entered into the Lease as of the Lease Date.

4.F.2
Attachment: Lease Agreement Adobe Plaza_Laborers of the Harvest_Shar-On Corp_012726 (Lease Agreement with LOTH/Shar-On Corp for Use

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TENANT: LANDLORD:

LABORERS OF THE HARVEST
(LOTH)/SHAR-ON CORP
a nonprofit corporation
By: _______________________
(Signature)

Name: ____________________
(Print)
Title: _____________________
Dated: _______________, 2023

CITY OF ARVIN
a municipal corporation
By: _____________________________
Jeff Jones, City Mangaer
Dated: ________________, 2026
ATTEST:

By: ____________________
Cecilia Vela, City Clerk
APPROVED AS TO FORM:

Burke, Williams & Sorensen, LLP
By: __________________
Stephanie Gutierrez
City Attorney

4.F.2
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EXHIBIT A

LEGAL DESCRIPTION
Lots 11-20, Block 15, of the Final Map of Tract 1002 according to the map thereof recorded with Kern County Records.
(Portion of APNs 190-072-01 and 190-072-04).

4.F.2
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EXHIBIT B

LEASE PREMISES
[to be attached]

4.F.2
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THE ADOBE COMPLEX
North A Street
4THAVE
A@ 247 sq. ft.

B@ 344 sq. ft.

C@ 228 sq. ft.

D@ 219 sq. ft.

E@ 213 sq. ft.

F@ 224 sq. ft.

G@ 218 sq. ft.

H@ 267 sq. ft.

I@ 521 sq. ft.

J@ 161 sq. ft.

K@ 172 sq. ft.

L@ 155 sq. ft.

M@ 158 sq. ft.

Total sq. ft. : 3127 sq. ft.

AB
CDE
FGHI
JKLM
Laborers of the
Harvest
(1,315 sq. ft.)
Restroom
Kitchen
Suite Y
Fountain
Veteran’s Hall
Gazebo

4.F.2
Attachment: Lease Agreement Adobe Plaza_Laborers of the Harvest_Shar-On Corp_012726 (Lease

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EMERGENCY CONTACT LIST
BUSINESS NAME:_____________________________________________

PERSONAL
OWNER(S)___________________________________________________

CONTACT IN CASE OF PERSONAL EMERGENCY
Name:_______________________________________________________ Daytime Phone: _______________________________
After Hours Phone: ___________________________

CONTACT IN CASE OF FACILITIES EMERGENCY
MANAGER’S NAME:____________________________________________ MANAGER’S PHONE: ________________________ HOME: ________ ALTERNATE CONTACT:_________________________________________ PHONE: ______________________________________
OTHER CONTACTS:____________________________________________

4.F.2
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ADOBE COMPLEX

MOVE-IN INSPECTION LIST
Date of Inspection: _________________ Suite(s) #
Check

1. Space completely empty of any and all tenants owned items □

2. All floors swept/vacuumed □

3. Walls cleaned □

4. All holes in walls filled □

5. Windows and window sills clean □

6. Doors and door handles clean, inside and out □

7. Door locks in good working condition □

8. All keys returned □

9. Electrical cover and switch plates intact and in place □

10. Light fixtures cleaned and light bulbs in place and operational □

11. Exterior area of business clear and free of debris. □

LESSEE/COMPANY
I acknowledge receipt of this move-in inspection list and understand the City of Arvin will deduct all costs for labor and repairs and/or parts from our deposit upon termination of the lease for the above-mentioned Suite(s).

Lessee/Company Name:

Print Name:

Lessee/Company Authorized Personnel
Signature:

Lessee/Company Authorized Personnel
Date:

CITY OF ARVIN

MAINTENANCE & INFRASTRUCTURE DEPARTMENT
Inspected by:

Signature
Print Name/Title:

Date: _____________________________________
SUBMIT COMPLETED FORM TO THE CITY CLERK’S OFFICE ALONG WITH PHOTOS, IF ANY, AFTER INSPECTION.

4.F.2
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ADOBE COMPLEX

MOVE-OUT INSPECTION LIST
(Page 1 of 2)
Date of Inspection: _________________ Suite(s) #
Check

1. Space completely empty of any and all tenants owned items □

2. All floors swept/vacuumed □

3. Walls cleaned □

4. All holes in walls filled □

5. Windows and window sills clean □

6. Doors and door handles clean, inside and out □

7. Door locks in good working condition □

8. All keys returned □

9. Electrical cover and switch plates intact and in place □

10. Light fixtures cleaned and light bulbs in place and operational □

11. Exterior area of business clear and free of debris. □ Repairs Needed: Hours:
_________________________________________ Hours_________________ _________________________________________ Hours_________________ _________________________________________ Hours_________________ Parts Replaced: Total Costs:
_________________________________________ $_____________________ _________________________________________ $_____________________ _________________________________________ $_____________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ Total Hours for Clean Up: ___________.
 No Charge. Area was found in good condition.
 Please Charge Lessee for ___________ hours.

Total Charges for Damages and/or Parts: $_________________

CITY OF ARVIN
Inspected by: ________________________________
City of Arvin Maintenance & Infrastructure
Please provide any additional details on cleaning, including damages and repairs or replacement parts needed:

4.F.2
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ADOBE COMPLEX

MOVE-OUT INSPECTION LIST
(Page 2 of 2)

LESSEE/COMPANY
I acknowledge receipt of this move-out inspection list and understand the City of Arvin will deduct the above-mentioned amount for repairs and/or parts from our deposit previously provided to the City of Arvin for the above-mentioned Suite(s).

Lessee/Company Name:

Print Name:

Lessee/Company Authorized Personnel
Signature:

Lessee/Company Authorized Personnel
Date:

SUBMIT COMPLETED FORM TO THE CITY CLERK’S OFFICE ALONG WITH PHOTOS, IF ANY, AFTER INSPECTION.

For Office Use Only:

Hours Charged: ___________ @ $40.00 hour = $__________________ Damages/Parts Charges = $________________ Total Costs: $_____________ Date Received: Processed By

4.F.2
Attachment: Lease Agreement Adobe Plaza_Laborers of the Harvest_Shar-On Corp_012726 (Lease Agreement with LOTH/Shar-On Corp for Use

Page 1 of 2 ends

Staff Report re Fourth Amend to PSA for On‑Call Engineering Services with DPSI, Inc.

CITY OF ARVIN
Staff Report
Meeting Date: January 27, 2026
TO: Arvin City Council
FROM: Jeff Jones, City Manager
SUBJECT: Fourth Amendment to Professional Consultant Services Agreement with Diversified Project Services International, Inc. (DPSI, Inc.) for On‑Call Engineering Services - Surveying and Map Checking Services.

BACKGROUND:

On July 15, 2024, the City entered into a Professional Consultant Services Agreement with DPSI for on-call engineering services. As the City’s planning and capital programs advance, staff identified the need to add surveying and map-checking tasks—particularly subdivision map review, legal description preparation, and as-needed field surveys—to support development review and City projects. The proposed Fourth Amendment formally adds these services to the on-call agreement and updates the payment provisions tied to the expanded scope.

The attached Exhibit “A” – Proposed Scope of Additional Services (Survey) details the specific surveying and map-checking tasks to be provided by DPSI, either with qualified in-house staff or licensed subconsultants, under the responsible charge of a California Licensed Land Surveyor or a Civil Engineer authorized to practice land surveying. Key elements include:
• Subdivision Map Review & Checking: Compliance with the California Subdivision Map Act, City of Arvin Municipal Code, and applicable professional surveying standards; verification of boundary closures, ROW/easement dedications, monumentation/control, and centerline geometry; delivery of written map-check comments, redlines, and final approval recommendations. • Legal Descriptions & Exhibits: Preparation/review of legal descriptions and plats for easements, dedications, boundary adjustments, abandonments, and other entitlement actions. • Field Surveying: Boundary retracement, topographic, verification, and as-built surveys for public improvements (as requested).
• Coordination & Certification: Coordination with City Engineer, Planning, and Public Works; provision of surveyor statements, certifications, calculations, and signing/sealing in accordance with the California Business and Professions Code.
• Deliverables: Map-check reports/correspondence, digital redlines and CAD review files, final stamped maps/plats, and survey data files with supporting calculations.

The fourth amendment updates Attachment “A” (scope of work and payment) to incorporate this survey scope and related payment terms. All other provisions of the on‑call agreement remain in full force and effect.

4.G.1
Attachment: Staff Report - DPSI, Inc. Fourth Amend to PSA for On-Call Engineering Services_012726 (Fourth Amend to PSA with DPSI, Inc. for

Page 2 of 2 ends

Staff Report re Fourth Amend to PSA for On‑Call Engineering Services with DPSI, Inc.

STAFF RECOMMENDATION:

1. Approve the Fourth Amendment to the Professional Consultant Services Agreement with DPSI to expand the scope to include professional surveying and map checking services

2. Authorize the City Manager to execute the Fourth Amendment and any documents necessary to implement the expanded scope in substantial conformance with the attached draft and as approved by the City Attorney.

FINANCIAL IMPACT:

Services will be billed on a time-and-materials basis using the hourly rates and billing terms already established in the underlying agreement (Agreement No. 2024-24). The amendment does not create a new standalone cap; expenditures will be authorized per task order and paid from approved project and operating budgets as work is assigned.

ATTACHMENTS:

Fourth Amendment to the Professional Consultant Services Agreement with DPSI

4.G.1
Attachment: Staff Report - DPSI, Inc. Fourth Amend to PSA for On-Call Engineering Services_012726 (Fourth Amend to PSA with DPSI, Inc. for

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Third Amendment to Professional Consultant Services Agreement for On-Call Engineering Services
AGREEMENT NO. 2026-XX

FOURTH AMENDMENT TO PROFESSIONAL CONSULTANT SERVICES

AGREEMENT FOR ON-CALL ENGINEERING SERVICES

BETWEEN

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

THIS FOURTH AMENDMENT TO PROFESSIONAL CONSULTANT SERVICES AGREEMENT FOR ON-CALL ENGINEERING SERVICES (this "Amendment") is made as of January 27, 2026 (the "Effective Date") by and between the City of Arvin, a California municipal corporation (the "City") and Diversified Project Services International, Inc. ("Consultant").

RECITALS:

A. City and Consultant entered that certain Professional Consultant Services Agreement For On-Call Engineering Services dated July 15, 2024 ("Agreement").

B. City and Consultant desire to amend the Agreement to modify (1) the Consultants Scope of Work under the Agreement and (2) the Payment related to the amended Scope of Work.

NOW THEREFORE, in consideration of the mutual covenants and conditions hereinafter set forth, and the above recitals which are by this reference incorporated herein, the sufficiency of which is hereby acknowledged by the parties hereto, the parties hereto agree as follows:

AGREEMENT:

1. Defined Terms. All initially capitalized terms used but not defined herein shall have the meanings ascribed to such terms in the Agreement.

2. Amendment. Attachment "A," Scope of Work and Payment for Services, Project Budget, Project Schedule and Timeline is amended to include provide professional surveying services, either through qualified in-house staff or licensed subconsultants, to support the City’s engineering and planning functions as shown in Exhibit “A” attached hereto.

3. Ratification; Conflicts; Headings. Except as modified by this Amendment, the Agreement and all the terms, covenants, conditions and agreements thereof are hereby in all respects ratified, confirmed and approved. In the event of any conflict or inconsistency between the terms and provisions of the Agreement and the terms and provisions of this Amendment, the terms and provisions of this Amendment shall govern and control. The headings herein are inserted only as a matter of convenience and for reference and in no way define, limit or describe the scope or intent

4.G.2
Attachment: DPSI Inc. - Fourth Amend to PSA for On-Call Engineering Services_012726 (Fourth Amend to PSA with DPSI, Inc. for On-Call

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Third Amendment to Professional Consultant Services Agreement for On-Call Engineering Services
of this Amendment.

4. Entire Understanding. This Amendment contains the entire understanding between the parties with respect to the matters contained herein. Except as modified by this Amendment, the Agreement shall remain unchanged and shall continue in full force and effect.

No representations, warranties, covenants or agreements have been made concerning or affecting the subject matter of this Amendment, except as are contained herein and in the Agreement. This Amendment may not be changed orally, but only by an agreement in writing signed by the party against whom enforcement of any waiver, change or modification or discharge is sought.

5. Counterparts; Electronic Signatures. This Amendment may be executed in any number of identical counterparts each of which shall be deemed to be an original and all, when taken together, shall constitute one and the same instrument. In accordance with Government Code §16.5, the parties agree that this Amendment, agreements ancillary to this Amendment, and related documents to be entered into in connection with this 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..

6. Signature Authority. The parties warrant that its signatory (or signatories, as applicable) has the legal authority to enter this Amendment and bind the parties accordingly. [Signature page follows]

4.G.2
Attachment: DPSI Inc. - Fourth Amend to PSA for On-Call Engineering Services_012726 (Fourth Amend to PSA with DPSI, Inc. for On-Call

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Third Amendment to Professional Consultant Services Agreement for On-Call Engineering Services
IN WITNESS WHEREOF, the Parties hereto have duly executed this Third Amendment to the Professional Consultant Services Agreement For On-Call Engineering Services dated Janaury 27, 2025, as of the date and year first above written.

4.G.2
Attachment: DPSI Inc. - Fourth Amend to PSA for On-Call Engineering Services_012726 (Fourth Amend to PSA with DPSI, Inc. for On-Call

1. Subdivision Map Review & Checking
a. Review tentative, parcel, and final maps for compliance with:
i. The California Subdivision Map Act
ii. The City of Arvin Municipal Code
iii. Applicable professional surveying standards
b. Verify:
i. Boundary closures
ii. Right-of-way and easement dedications
iii. Monumentation and control
iv. Centerline geometry
c. Provide written map-check comments, redlines, and final approval recommendations.

2. Legal Descriptions and Exhibits
a. Prepare or review legal descriptions and accompanying plats for:
i. Easements
ii. Dedications
iii. Boundary adjustments
iv. Abandonments
v. Other land-use or entitlement actions requiring survey documentation

3. Field Surveying Support (As Requested)
a. Perform field surveys necessary for City projects, including:
i. Boundary retracement surveys
ii. Topographic surveys
iii. Verification surveys
EXHIBIT "A"
Proposed Scope of Additional Services
City Surveying and Map-Checking Services
For Addition to Agreement No. 2024-24 Between the City of Arvin and Diversified Project Services International, Inc.

Proposed Scope of Services
DPSI will provide professional surveying services, either through qualified in-house staff or licensed subconsultants, to support the City’s engineering and planning functions.

Services include, but are not limited to, the following:

4.G.3
Attachment: Exhibit A - DPSI Fourth Amend to PSA_012726 (Fourth Amend to PSA with DPSI, Inc. for On-Call Engineering Services) iv. As-built surveys for public improvements

4. Coordination and Certification
a. Coordinate with the City Engineer, Planning Department, and Public Works staff.
b. Provide required surveyor statements, certifications, calculations, and signing/sealing of documents consistent with the California Business and Professions Code.

5. Deliverables
a. Map-check reports and correspondence
b. Digital redlines and CAD review files
c. Final stamped map sheets or plats, as applicable
d. Survey data files and supporting calculations
Staffing and Licensing
All survey work will be performed under the responsible charge of a California Licensed Land Surveyor or a Civil Engineer authorized to practice land surveying under the California Business and Professions Code. DPSI may utilize licensed subconsultants with prior approval from the City.

Payment
All services described in this proposal shall be billed on a time-and-materials basis, using the hourly rates and billing terms already established in Agreement No. 2024-24.

4.G.3
Attachment: Exhibit A - DPSI Fourth Amend to PSA_012726 (Fourth Amend to PSA with DPSI, Inc. for On-Call Engineering Services)

Page 1 of 1 ends

Staff Report re: First Reading of Introduction of Ordinance Amending Arvin Municipal Code §2.06.210 to Authorize the City Manager to Execute Certain Grant Documents.

CITY OF ARVIN
Staff Report
Meeting Date: January 27, 2026
TO: Arvin City Council
FROM: Christine Viterelli, Grants Manager
Jeff Jones, City Manager
SUBJECT: A Public Hearing to Consider and Approve First Reading and Introduction of An Ordinance of the City Council of the City of Arvin, California, Amending Arvin Municipal Code Chapter 2.06 to Add a New Section §2.06.210 Authorizing the City Manager to Execute Certain Grant Documents Without Prior Approval.

BACKGROUND:

The California Department of Housing and Community Development (HCD) has notified the City that it is changing its signatory rules to require that the City Manager sign grant applications, grant checks, and other such grant-related documents. The standard practice is to certify by resolution of the City Council to apply for a grant, and in the past, that resolution would then authorize the City Manager to endorse grant applications, amendments, warrants (funding checks), and other such documents needed to apply for, execute, and expeditiously implement the grant projects.

This standard procedure of seeking City Council approval to apply for a grant by resolution will remain unchanged and continue for future HCD grant applications. Effective in 2026, however, HCD is now requiring that all cities in California provide a copy of an ordinance authorizing the City Manager to execute grant documents, in addition to submitting the certified resolution. If an ordinance is not passed, then only the Mayor can sign the documents and endorse the warrants (checks) as they come into the finance department.

The City does not currently have this ordinance in place. Not having an existing ordinance authorizing the City Manager to execute grant documents creates a logistical nightmare during a short grant application window and may limit the ability to deposit checks from the funding agency to ensure adequate incoming cash flow. Additionally, there have been incidents in which HCD has requested quick revisions to HCD applications that require a signature, with very short turnaround times, in order to secure funding. For all the reasons stated above, city staff is now requesting and recommending that the City Council approve and pass this ordinance.

STAFF RECOMMENDATION:

FINANCIAL IMPACT:

No fiscal impact.

ATTACHMENTS:

Ordinance Amending Arvin Municipal Code Chapter 2.06

5.A.1
Attachment: Staff Report Amending Ordinance Section 2.06 Auth City Manager to Execute Grant Docs_012726 (Ordinance Amending AMC

Page 1 of 3 ends

Ordinance Amending AMC Chapter 2.06 to add new section §2.06.210 Authorizing City Manager to Execute Certain Grant Documents.

ORDINANCE NO. _________

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARVIN,
CALIFORNIA, AMENDING ARVIN MUNICIPAL CODE CHAPTER 2.06
TO ADD A NEW SECTION §2.06.210 AUTHORIZING THE CITY

MANAGER TO EXECUTE CERTAIN GRANT DOCUMENTS WITHOUT

PRIOR CITY COUNCIL APPROVAL
WHEREAS, The City of Arvin Municipal Code (“AMC”) Chapter 2.06 (City Administrator/City Manager) created the office of the city manager in 1983, assigning the office responsibility for the efficient administration of all affairs of the city which are under his/her control;
WHEREAS, California Government Code generally requires the Mayor to execute all contracts on behalf of the City unless the City Council, by ordinance, gives signature authority to a city officer, which is generally the City Manager and/or Purchasing Officer. The City Council has not yet exercised this provision to delegate signature authority to a city officer; WHEREAS, the City Council desires to make updates to the City Manager’s powers and duties to allow the City Manager to sign grant applications, grant contracts and grant checks in order to avoid delay in receiving necessary funding;
WHEREAS, the City Council wishes to adopt this Ordinance to effectuate the increase in the City Manager’s signature authority to streamline the City’s grant application process, making City operations more cost-efficient, while maintaining prudent control and reporting mechanisms in the best interest of the City and its residents.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARVIN
DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance by reference.

SECTION 2. Amendment. Section 2.06.210 (“Authorization of City Manager to execute certain agreements without prior council approval”) of Chapter 2.06 (“City Administrator/City Manager”) of Title 2 (“Administration and Personnel”) is hereby added to read as follows:

Section 2.06.210. Authorization of City Manager to execute certain agreements without prior council approval.

The City Manager is authorized to execute the following agreements and grant documents:

A. Non-Matching Funds Grants. Any grant application and/or other related grant documents which must be executed on behalf of the city as part of the grant application and acceptance process, provided that the grant application does not require

5.A.2
Attachment: Ordinance Amending AMC Section 2.06 Auth City Manager to Execute Grant Docs_012726 (Ordinance Amending AMC Chptr 2.06

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Ordinance Amending AMC Chapter 2.06 to add new section §2.06.210 Authorizing City Manager to Execute Certain Grant Documents.
commitment of City General Funds, matching funds or other commitments of city resources without prior City Council approval.

B. Matching Funds Grants. Notwithstanding the provision of subdivision (A), the City Manager may submit applications for competitive and/or discretionary grants requiring the commitment of General Funds, matching funds or other commitments of city resources without City Council approval only under circumstances where the Notice of Funding Availability was published less than 61 days in advance of the date of the application deadline established by the awarding agency. Simultaneously with the submission of a grant application to a granting agency, the City Manager shall transmit a summary of the grant application and an explanatory memorandum to the City Council for consideration and approval prior to accepting and receiving the grant award.

SECTION 3: Severability. If any part of this Ordinance is held invalid for any reason by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this Ordinance, and the City Council hereby declares that it would have passed the remainder of the Ordinance if such invalid portion thereof had been deleted..

SECTION 14: Publication. The City Clerk is directed to certify the passage and adoption of this Ordinance; make a note of the passage and adoption in the records of this meeting; and, within 15 days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law.

SECTION 15: Effective Date. This Ordinance will become effective 30 days after second reading and adoption.
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5.A.2
Attachment: Ordinance Amending AMC Section 2.06 Auth City Manager to Execute Grant Docs_012726 (Ordinance Amending AMC Chptr 2.06

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Ordinance Amending AMC Chapter 2.06 to add new section §2.06.210 Authorizing City Manager to Execute Certain Grant Documents.

I HEREBY CERTIFY that the foregoing Ordinance was introduced by the City Council after waiving reading, except by Title, at a regular meeting thereof held on the 27th day of January 2026, and adopted the Ordinance after the second reading at a regular meeting held on the ______ day of ______________ 2026, by the following roll call 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 and 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 Ordinance passed and adopted by the City Council of the City of Arvin on the date and by the vote indicated herein.

5.A.2
Attachment: Ordinance Amending AMC Section 2.06 Auth City Manager to Execute Grant Docs_012726 (Ordinance Amending AMC Chptr 2.06

CITY OF ARVIN
Staff Report
Meeting Date: January 27, 2026
TO: Arvin City Council
FROM: Cecilia Vela, City Clerk
Jeff Jones, City Manager / Finance Director
SUBJECT: Consideration and Approval of Appointment of Board of Trustee to the Kern Mosquito & Vector Control District (KMVCD) and Setting the Term of the Appointment.

BACKGROUND:

The Kern Mosquito & Vector Control District (KMVCD) Board is made up of eight (8) Trustees; four appointed by the Kern County Board of Supervisors, one each by City Councils of Bakersfield, Arvin, Shafter, and Wasco.

The appointment of the current City of Arvin’s Trustee, Ms. Fatima Arrellano Gonzalez, expired on December 31, 2025. Unfortunately, the trustee recently appointed by the City Council at the meeting of January 13, 2026, is not available to attend the KMVCD’s meetings as scheduled. The City Council may consider to either, (1) appoint a qualified Arvin resident; or (2) appoint a member of the City Council to fill the City of Arvin’s Trustee seat for a term expiring on December 31, 2027 or December 31, 2029.

PRIMARY OBJECTIVE OF THE KMVCD BOARD:

The primary objective of the KMVCD is the progressive elimination of mosquito breeding places, the objective to be accomplished by an educational service on control measures, performing services of temporary relief control, establishing projects of source reduction, using abatement procedure methods when necessary, and by general policy of cooperation.

QUALIFICATIONS TO SERVE AS THE KMVCD BOARD TRUSTEE:

To be eligible to serve as the City of Arvin District Trustee of the KMVCD Board, the individual must be at least 18 years of age, and an elector and resident of the City of Arvin. The filing of a Statement of Economic Interest disclosing certain personal financial holdings is required upon appointment and annually thereafter is required (Government Code sections 81000-91014). Two hours of training in general ethics principles and ethics law upon appointment, and every two years thereafter is required. (Government Code 53235(b), 53235.1).

The Arvin City Council may either, (1) appoint a qualified resident of Arvin; or (2) appoint a member of the City Council to serve as the KMVCD Board of Trustee.

The Trustee must be available to attend meetings at the KMVCD office in Bakersfield every 2nd Wednesday of the month at 11:30am in Bakersfield. The term of the trustee may be set for either two or four years at the discretion of the City Council. Therefore, the term is scheduled to expire on December 31, 2027 or December 31, 2029.

RECOMMENDATION:

Staff recommends that the City Council either, (1) appoint a qualified Arvin resident; or (2) appoint a member of the City Council to serve as the KMVCD Board Trustee and set the term of the appointment.

FINANCIAL IMPACT:

None

6.A.1
Attachment: Staff Report Kern Mosquito Board of Trustee Appointment_012726 (Appointment of Board of Trustee to the Kern Mosquito &

Page 1 of 2 ends

Staff Report re Master Services Agreement with Diamond IT

CITY OF ARVIN
Staff Report
Meeting Date: January 27, 2026
TO: Arvin City Council
FROM: Jeff Jones, City Manager
SUBJECT: Master Services Agreement with Diamond IT
BACKGROUND:

The City of Arvin and Diamond Technologies, Inc. (Diamond IT) have prepared a Master Services Agreement (MSA) to establish a comprehensive contractual framework for ongoing and future information technology services. The MSA does not authorize or fund specific work; instead, it sets the legal, financial, and operational terms under which the City may issue future Addendums for defined scopes of service, such as managed IT support, system assessments, cybersecurity services, and technology product procurement.

The agreement outlines key provisions governing service standards, pricing, data security, confidentiality, warranties, ownership of work product, liability limitations, and payment terms.

All work performed under the MSA must be separately approved through Addendums, each with an initial three-year term, optional one-year renewals, and annual cost adjustments capped at the lesser of 3% or CPI. The MSA includes strong public-agency protections, including non-appropriation rights, termination for convenience, audit rights, restrictions on subcontracting, and requirements that Diamond IT meet industry-standard cybersecurity protocols such as NIST SP 800-53.

A central benefit of the agreement is that all documents, configurations, and deliverables created for the City become City-owned work product, and Diamond IT is prohibited from using artificial intelligence tools to generate City deliverables unless explicitly authorized. The City’s data is protected through robust confidentiality, security, and indemnification requirements, including full indemnity for data breaches, intellectual property violations, and security incidents. The MSA also ensures that Diamond IT remains responsible for the performance and integration of any third-party products or service providers it uses.

Approval of the MSA will establish a standardized contractual framework for future IT service engagements, improve efficiency in securing technology support, and ensure strong protections for the City related to data security, confidentiality, liability, and ownership of work product.

Adoption of the MSA does not commit the City to any financial expenditure, as each specific scope of work will require separate approval through an Addendum presented to the City Manager or City Council as may be appropriate.

6.B.1
Attachment: Staff Report Master Services Agreement - Diamond IT_012726 (Master Services Agreement with Diamond IT)

Page 2 of 2 ends

Staff Report re Master Services Agreement with Diamond IT STAFF RECOMMENDATION:

It is recommended that the City Council approve the Master Services Agreement (MSA) with Diamond Technologies, Inc. (Diamond IT) and authorize the City Manager, or designee, to execute the Agreement and any future Addendums necessary to obtain information technology services, subject to City Attorney approval as to form.

FINANCIAL IMPACT:

There is no financial impact from the sole approval of this MSA. The City currently has $200,000 budgeted for IT services, including Microsoft services (Office 365, email, etc.).

ATTACHMENTS:

Master Services Agreement with Diamond IT

6.B.1
Attachment: Staff Report Master Services Agreement - Diamond IT_012726 (Master Services Agreement with Diamond IT) 09196-0001 4932-6122-4827 v2 Page 1 of 14
DIAMOND TECHNOLOGIES, INC. dba DIAMOND IT

MASTER SERVICES AGREEMENT
This Master Services Agreement (“MSA”) is between Diamond Technologies, Inc. dba Diamond IT, of 8701 Swigert Ct., Bakersfield, CA 93311 (“Diamond IT”), and the organization that executes a quote, proposal, or Addendum for services with Diamond IT (“Client”) and shall be effective as of the first date Client executes a quote, proposal, or Addendum with Diamond IT (“Effective Date”). The parties agree as follows:

1. SCOPE. This MSA is to govern all services of Diamond IT performed or provided to Client (collectively, the “Services”), including the Initial Assessment (as defined below) of the Client’s computer network, system, peripherals, devices which are installed or operated by Client (“System”) and all software, equipment, computers, printers, servers, routers and other goods supplied by Diamond IT or that are included in the Services (collectively, the “Products”) and replaces all other agreements between the parties. The scope, terms, and fees of Services or Products will be limited to the activities specified in one (1) or more addendum executed from time to time by both parties electronically or by physical signature referencing this MSA (individually and collectively “Addendum”). If an Addendum for Products or Services is executed by both parties referencing this MSA, the Addendum shall automatically be incorporated in and deemed a part of this MSA.

In the event of a direct conflict between the language of this MSA and any Addendum the language of the Addendum shall control except as it relates to warranties, limitations of liability or termination, which are controlled by this MSA.

2. TERM; RENEWAL. The term of this MSA shall begin on the Effective Date and shall continue until one (1) year after the expiration or termination of all Addendum(s). The term of all Addendums shall be, unless otherwise provided by the Addendum, three (3) years (“Initial Addendum Term”), with an annual price adjustment equal to the lesser of: (i) three percent (3%); or (ii) the twelve (12) month percent change for Consumer Price Index published by the U.S. Bureau of Labor Statistics for US city average for all items (see www.bls.gov/cpi/latestnumbers.htm) measured from the month prior to renewal (“CPI Adjustment”). In addition, if a third-party manufacturer of software embedded within the Services pursuant to an Addendum increases its fees, Diamond IT will notify Client at least thirty (30) days in advance, and Client shall pay the increased fee. Upon the expiration of the Initial Addendum Term, the Addendum shall renew upon written approval by Client for continuous one (1) year terms (each a “Renewal Term”) on the same terms and conditions, but with the annual price adjustment , unless either party notifies the other party of its intention to not renew the Addendum no less than thirty (30) days prior to the end of the then-current term. The Initial Addendum Term and each Renewal Term shall be collectively referred to as the “Addendum Term.” Any renewal, extension, or amendment is contingent upon appropriation of funds by Client’s governing body. No Addendum or Renewal Term may obligate Client beyond the current fiscal year.

6.B.2
Attachment: Master Services Agreement - Diamond IT_012726 (Master Services Agreement with Diamond IT) 09196-0001 4932-6122-4827 v2 Page 2 of 14

3. FEES; SERVICE RATES. Client agrees to pay Diamond IT the fees described in, and in accordance with the Addendum for the Services or Products provided under that Addendum. Any Services beyond the scope detailed within an Addendum(s), or within the scope of an Addendum but for which Services are required to be performed outside of regular business hours of 5:00 a.m. to 5:00 p.m. Pacific Time, Monday-Friday (“Business Hours”), or on New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day or Christmas Day (“Holiday(s)”), or due to unauthorized modifications to System by Client (“Out-of-Scope Work”), shall be billed to Client and Client shall pay for such Out-of-Scope Work according to Diamond IT’s then-current rates relative to such work performed. A rate table is attached hereto as Exhibit A. Out-of-Scope Work must be authorized in advance by Client’s Authorized Representative, and Vendor must bear all costs incurred without such written authorization. All Diamond IT representations relating to Outof-Scope Work are estimates and not a guarantee or agreement to perform for a fixed fee as time and cost involved may vary based upon issues involving infrastructure, cabling, internet service providers or other third parties, hardware, software, data transfer via LAN or WAN, system speeds, complexity of the work requested, interruptions, corruption, System issues, manufacturer support, warranty, scheduling of Client or third parties and Client-supplied hardware or software. Client may halt Out-of-Scope Work at any time with notice and payment of balance of work performed. Different hourly rates may apply based upon overtime, after hours, weekends or Holiday time, different levels of personnel experience, and/or sophistication of work. Support requests received for nonemergency issues outside of Business Hours may result in higher rates being assessed. Examples of emergencies include major System failure, data breach or security incidents, severe performance degradation, or similar issues resulting in a loss of business-critical services.

4. PRODUCT PURCHASES. Any acquisition, leasing, purchase or licensing (“Acquisition(s)”) of Product shall be at a price, delivery date and for Products agreed to by Diamond IT and Client and memorialized in writing, electronically or by email. Diamond IT’s invoice for the same shall constitute such written acknowledgment. Notwithstanding the foregoing, delivery dates are based upon the estimates of third parties. Diamond IT shall use commercially reasonable efforts to achieve the delivery date conditioned upon having received payment from Client but failure to meet the delivery date due to the actions of third parties shall not constitute a breach of this Addendum. Client shall pay for Product at agreed upon invoices plus taxes, delivery and freight charges and accordance with terms and conditions of the MSA. Client shall not cancel or withdraw Acquisition of Products from Diamond IT except as required by law or by manufacturer warrant.

Client may also pursue return or refund directly with the manufacturer of such Products. Diamond IT may cancel Acquisition of Product for material cause including, Client’s nonpayment, a manufacturer change in price, change in delivery expectations, or the unavailability of Product. Diamond IT must provide written justification and documentation to Client for any proposed cancellation affecting Client. Diamond IT may deliver the Products to Client’s location using the manufacturer’s methods for packaging and shipping such Products. Client shall

6.B.2
Attachment: Master Services Agreement - Diamond IT_012726 (Master Services Agreement with Diamond IT) 09196-0001 4932-6122-4827 v2 Page 3 of 14
take delivery of the Products within three (3) days of Products having been delivered to the Client’s location. Delivery shall be FOB destination. Title to Product shall pass on payment by Client. Client acknowledges and consents to Diamond IT's provision of Products supplied by external manufacturers ("Third-Party Product Manufacturers"). DIAMOND WILL REMAIN RESPONSIBLE TO CLIENT

FOR THE PERFORMANCE, INTEGRATION, CONFIGURATION, AND

COMPATIBILITY OF ALL PRODUCTS SUPPLIED, REGARDLESS OF AND THIRD-PARTY PRODUCT MANUFACTURER TERMS.

5. PAYMENT. Client may set up autopay on WisePay. ACH payments configured as autopay within Client’s WisePay account carry no additional fee. Credit card payments carry a processing fee consistent with applicable law and Client policy.

Client may elect any payment method permitted for public agencies under California law. Unless otherwise stated in an Addendum, payment is due within fifteen (15) days of invoice from Diamond IT. Diamond IT may, with notice to Client and thirty- (30) day opportunity for Client to cure, suspend or withdraw Products or Services. Suspension may not occur if it would jeopardize public safety, critical infrastructure, or statutory deadlines. Client will have sole discretion to designate systems as critical. A reactivation fee equal to ten percent (10%) of fees for one (1) month of Services associated with the Addendum applicable shall be paid by Client to restore Services. Client shall pay any sales, use, excise, or service taxes that might be levied on the Products or Services provided. Late payments shall be subject to interest on the unpaid invoice amount(s) until and including the date payment is received, at the lower of either one and one-half percent (1.5%) per month or the maximum allowable rate of interest permitted by applicable law. Client shall be liable for all reasonable attorneys’ fees as well as costs incurred in collection of past due balances including but not limited to collection fees, filing fees and court costs. Reasonableness will be determined under California law applicable to public entities. TIME IS OF THE ESSENCE IN THE PERFORMANCE OF ALL PAYMENT OBLIGATIONS BY CLIENT.

A. Payment Disputes. If Client disputes any or all fees listed in an invoice, or if Client request to modify any fee amount, Client must submit any such dispute or request in writing to Diamond IT prior to invoice due date, including detail of reason for request or dispute and specific modification requested. Payment for full amount due on invoice may be withheld by Client consistent with California Prompt Payment Act rules for public entities. If, after review, Diamond IT agrees that the disputed amount was not due, a credit for the same amount will be applied against the Service fees for the subsequent month, or a refund will be issued for non-recurring Services.

B. Non-Appropriation of Funds. Client’s payment obligations are contingent upon annual appropriation by its governing body. If funds are not appropriated, Client may terminate this MSA and any Addendum without penalty, liability, or further obligation. Client shall pay only for Services performed up to the effective date of non-appropriation.

6.B.2
Attachment: Master Services Agreement - Diamond IT_012726 (Master Services Agreement with Diamond IT) 09196-0001 4932-6122-4827 v2 Page 4 of 14

6. AUTHORIZED CONTACT PERSON. Client shall designate at least one (1) authorized contact (“Authorized Contact”) with whom Diamond IT will accept Service-related direction for the Services provided pursuant to each Addendum, and Client’s Authorized Contact shall be the signatory to any Addendum unless another Authorized Contact is appointed thereunder. Diamond IT shall accept direction of the Authorized Contact, until Client notifies Diamond IT otherwise together with identifying the new Authorized Contact. It is Client’s responsibility to notify Diamond IT as soon as practicable if the Client’s Authorized Contact changes. Diamond IT must not rely on any direction that would conflict with procurement laws, governing body-approved authority, or Client security policy.

7. ACCESS. Diamond IT may access and assess Client’s System for the Initial Assessment and the performance of Addendums. Due to such remote access, Diamond IT must implement industry-standard security measures to safeguard Client’s data. Diamond IT shall use a reputable third-party software to access the System. To the extent Addendum performance is on Client’s premises (“Premises”), Client grants Diamond IT the right of ingress and egress. Client is financially liable for any damage to or loss of any Diamond IT-owned equipment occurring while within Client premises to the extent such damage is caused by Client’s negligence. If Addendum performance is not on Premises, Client shall secure, at Client’s cost, any necessary rights of entry or permission necessary for Diamond IT to provide Services at such location(s). Client shall provide Diamond IT with any passwords or keys (virtual or otherwise) that Diamond IT requires in order to provide Products and Services. Diamond IT shall store, encrypt, and use all credentials in compliance with NIST SP 800-53 and Client security policy. No credentials may be retained after contract expiration.

8. OWNERSHIP OF DOCUMENTS; WARRANTIES. Except as otherwise provided herein, all documents, data, studies, drawings, maps, models, photographs, and reports prepared by Diamond IT specifically for Client (“Documents”) under this Agreement are Client’s property, including derivative works, configurations, documentation, and deliverables. Diamond IT may retain copies of such Documents as desired but will deliver all original materials to Client upon Client’s written notice. Client agrees that use of Diamond IT’s completed work product (if any), for purposes other than identified in this Agreement, or use of incomplete work product, is at Client’s sole risk. Diamond IT warrants that all Documents it drafts specifically for Client and completes pursuant to this Agreement or an Addendum constitutes original work. Specifically, Diamond IT understands and agrees that use of artificial intelligence (AI) tools including, without limitation, ChatGPT, Bing Chat, Bard, and Meta’s LLaMA, in the performance of this Agreement may not be used to generate deliverables for Client unless expressly authorized by Client in writing. Diamond IT warrants that all Services will be performed in a professional and workmanlike manner consistent with industry standards and applicable law. All services shall be deemed to be acceptable only upon written acceptance by Client. Diamond IT’s liability, and Client's sole and exclusive remedy, for a breach of this warranty shall be to terminate the Addendum pursuant to a written notice after providing Diamond IT notice of such breach in

6.B.2
Attachment: Master Services Agreement - Diamond IT_012726 (Master Services Agreement with Diamond IT) 09196-0001 4932-6122-4827 v2 Page 5 of 14
writing and a reasonable period of time of at least thirty (30) days to cure such breach. The foregoing remedy shall not be available if Client fails to provide a written notice of such breach within thirty (30) days after delivery of the services to Client. It shall not be a Diamond IT breach if Client, its contractors or agents modified any Diamond IT Products or Services except as authorized by Diamond IT in writing. DIAMOND IT MAKES NO OTHER SERVICE OR PRODUCT

WARRANTIES, WHETHER WRITTEN, ORAL OR IMPLIED, INCLUDING

WITHOUT LIMITATION, WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR WARRANTY OF MERCHANTABILITY. WITH RESPECT TO

THIRD PARTY MANUFACTURER OF PRODUCTS OR SERVICES PROCURED

BY DIAMOND IT FOR CLIENT, CLIENT SHALL RELY ONLY UPON THE

WARRANTY OF THE THIRD-PARTY MANUFACTURER OF PRODUCTS AND

THE THIRD-PARTY SERVICES ORGANIZED BY DIAMOND IT FOR CLIENT WITH A THIRD PARTY. CLIENT CAN PURSUE WARRANTY CLAIMS AGAINST

THE MANUFACTURER ONLY AS PRODUCTS ARE PROVIDED BY DIAMOND IT “AS IS,” WITH ALL FAULTS AND SUBJECT TO ANY LICENSE AGREEMENT.

NOTHING IN THIS PARAGRAPH SHALL BE CONSTRUED TO WAIVE OR

DISCLAIM ANY WARRANTIES OR REMEDIES THAT CANNOT LEGALLY BE

WAIVED BY A CALIFORNIA PUBLIC AGENCY, INCLUDING BUT NOT LIMITED

TO ANY IMPLIED WARRANTIES UNDER THE CALIFORNIA COMMERCIAL CODE (SEE, E.G., SECTIONS 2314–2315).

9. LIMITATIONS OF LIABILITY. DIAMOND IT SHALL HAVE NO LIABILITY FOR ANY SUSPENSION OF SERVICES BASED ON CLIENT’S FINANCIAL
BREACH. IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY

SPECIAL, INDIRECT, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL

DAMAGES, INCLUDING FOR LOST REVENUE, LOSS OF PROFITS, SAVINGS,

OR OTHER ECONOMIC LOSS, ARISING OUT OF OR IN CONNECTION WITH

THIS MSA OR ANY ADDENDUM, INCLUDING ANY LOSS OR INTERRUPTION

OF DATA, TECHNOLOGY OR SERVICES, OR FOR ANY DAMAGES CAUSED

BY DELAY IN FURNISHING SERVICES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EACH PARTY’S

AGGREGATE LIABILITY TO THE OTHER FOR DAMAGES FROM ANY AND ALL

CAUSES WHATSOEVER AND REGARDLESS OF THE FORM OF ACTION,

WHETHER IN CONTRACT, TORT OR NEGLIGENCE, SHALL BE LIMITED TO THE AMOUNT OF THE AGGRIEVED PARTY’S ACTUAL DIRECT DAMAGES

NOT TO EXCEED THREE TIMES THE AMOUNT OF FEES PAID BY CLIENT TO

DIAMOND IT FOR THE SERVICES (BUT NOT PRODUCTS) DURING THE SIX (6) MONTHS IMMEDIATELY PRIOR TO THE DATE ON WHICH THE CAUSE OF ACTION ACCRUED. THE LIMITATION OF LIABILITY AND EXCLUSION OF

DAMAGES SHALL NOT APPLY TO CLAIMS MADE AND ACCEPTED WITHIN THE AVAILABLE COVERAGES OF DIAMOND IT’S PROFESSIONAL LIABILITY INSURANCE, BUT ONLY TO THE EXTENT OF SUCH COVERAGE. DIAMOND

IT IS NOT REQUIRED TO DISPUTE ANY INSURANCE COVERAGE
DETERMINATIONS MADE BY ITS CARRIER. DIAMOND IT SHALL NOT BE

LIABLE FOR DELAY IN PERFORMANCE OR NONPERFORMANCE OF ANY

TERM OR CONDITION OF THIS MSA DIRECTLY OR INDIRECTLY RESULTING

6.B.2
Attachment: Master Services Agreement - Diamond IT_012726 (Master Services Agreement with Diamond IT) 09196-0001 4932-6122-4827 v2 Page 6 of 14
FROM LACK OF FULL AND FREE ACCESS TO SYSTEM OR PREMISES.

NOTWITHSTANDING THE FOREGOING, DIAMOND IT SHALL NOT BE LIABLE

FOR ANY DAMAGES WHICH WERE CAUSED OR WOULD HAVE BEEN

PREVENTED BY PRODUCTS OR SOFTWARE OFFERED TO CLIENT BY

DIAMOND IT FOR WHICH CLIENT DECLINED OR DELAYED OR FOR THE INTENTIONAL CRIMINAL ACTS OF THIRD PARTIES. DIAMOND IT SHALL NOT

BE LIABLE FOR ANY ERRORS OR DEFECTS IN ANY THIRD-PARTY
SOFTWARE OR HARDWARE OR THIRD PARTY PRODUCT OR FOR ANY NONPERFORMANCE THEREOF; ANY CLAIM BASED ON, RELATED TO, OR

ARISING OUT OF THE USE OF ANY THIRD PARTY SOFTWARE OR THIRD

PARTY EQUIPMENT OR PRODUCT WILL BE GOVERNED EXCLUSIVELY BY THE TERMS OF CLIENT’S AGREEMENT WITH THAT THIRD PARTY. THIS SECTION WILL NOT APPLY TO CLAIMS ARISING FROM DIAMOND IT’S

NEGLIGENCE, GROSS NEGLIGENCE, WILLFUL MISCONDUCT, DATA
BREACH, SECURITY FAILURE, OR ITS INDEMNIFICATION OBLIGATIONS.

CLIENT IS A PUBLIC AGENCY AND CANNOT WAIVE STATUTORY REMEDIES OR LIMITS NOT PERMITTED BY LAW. THE LIMITATIONS OF DAMAGES AND LIABILITY IN THIS SECTION 9 SHALL NOT APPLY TO ANY DAMAGES OR LIABILITIES ARISING UNDER SECTION 12(d).

10. INDEMNIFICATION. Each party (an “Indemnifying Party”) hereby agrees to indemnify, defend and hold the other party (an “Indemnified Party”) harmless from and against any and all loss, damage, cost, expense or liability, including reasonable attorneys’ fees, (collectively, “Damages”) that arise from, or are related to the negligent acts, negligent omissions or intentional wrongful misconduct of the Indemnifying Party and/or the Indemnifying Party’s employees or subcontractors, and from any Damages arising from or related to the Indemnifying Party’s uncured, material breach of this MSA. Wrongful misconduct shall include infringement of copyrights, patent rights and/or the unauthorized or unlicensed use of any material, property or other work. Client shall indemnify, defend, and hold Diamond IT and its subsidiaries, affiliates, officers, employees, agents, partners, vendors and licensors harmless only to the extent any claim arises from Client’s sole negligence, and only to the extent permitted under California law governing indemnification by public agencies. DIAMOND IT must indemnify, defend, and hold harmless Client, its officers, employees, agents, and volunteers from and against any and all claims, damages, losses, liabilities, fines, penalties, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (1) any security incident, data breach, unauthorized access, or loss of data; (2) any infringement or alleged infringement of copyright, trademark, patent, trade secret, or other intellectual property rights; (3) any violation of law by diamond it or its personnel or subcontractors; (4) any personal injury, property damage, or professional negligence caused by diamond it; and (5) any breach of this agreement by diamond it. The indemnification obligations in this section will not be subject to any limitation of liability or exclusion of damages contained elsewhere in this MSA.

6.B.2
Attachment: Master Services Agreement - Diamond IT_012726 (Master Services Agreement with Diamond IT) 09196-0001 4932-6122-4827 v2 Page 7 of 14

11. COPYRIGHTS AND OTHER INTELLECTUAL PROPERTY. Client shall be responsible for software licenses for software installed on the System and warrants Client is authorized to use all software installed or stored on the System and, upon request will provide evidence of licenses to Diamond IT. Diamond IT shall not be required to provide Services for any portion of the System on which unlicensed software is installed. Each party owns and retains all intellectual property rights in and to its works of authorship, plans, software or software modifications but Diamond IT’s rights will not limit Client’s ability to operate, maintain, or transition its own systems. Client may use and modify any intellectual property provided to Client by Diamond IT pursuant to this MSA, provided Client (i) does not infringe upon the intellectual property rights of any third party, (ii) does not reverse engineer Diamond IT’s intellectual property, and (iii) does not negatively impact the security or integrity of any of Diamond IT’s equipment, or Diamond IT’s provision of Services. Each party’s limited right to use the other party’s intellectual property as described herein automatically terminates upon the earlier of the termination of an applicable Addendum or this MSA. All work product, materials, deliverables, configurations, documentation, analyses, and other items created by Diamond IT specifically for Client under this Agreement shall be deemed works made for hire and owned exclusively by Client. To the extent any such materials do not qualify as works made for hire, Diamond IT hereby assigns to Client all right, title, and interest, including all intellectual property rights, in and to such materials. Client is acquiring the Product from Diamond IT as a reseller for a third-party manufacturer.

All restrictions, and other terms pertaining to the Product are found only in the applicable agreement provided with the Product by the third-party manufacturer of the Product (the “License Agreement”), and such License Agreement is only between Client and the third-party manufacturer of the Product. Notwithstanding the foregoing, Diamond IT shall retain no ownership interest in any configuration, scripting, installation, deployment, system setting, or other material necessary for Client to operate, maintain, or transition its own systems.

A. Third-Party Service Providers. Client acknowledges and consents to Diamond IT's use of external solutions and service providers in delivering certain managed Services ("Third-Party Service Providers"). Diamond IT remains fully responsible and liable to Client for the performance, security, reliability, integration, and compliance of any third-party service or product it selects, configures, manages, or relies upon in providing Services to Client. Client will not be required to pursue claims directly against any thirdparty service provider.

12. TERMINATION.

A. Cause. Either party may terminate an Addendum for a material breach of the performance obligations hereunder (“Cause”) by first providing the other party thirty (30) days’ written notice setting forth the basis for such proposed Cause and an opportunity to cure. For purposes of this Agreement, a breach by either party constitutes Cause when it involves failure to perform any material obligation, regardless of whether Diamond IT believes the breach

6.B.2
Attachment: Master Services Agreement - Diamond IT_012726 (Master Services Agreement with Diamond IT) 09196-0001 4932-6122-4827 v2 Page 8 of 14
to be incidental or outside its control, provided the breach materially affects Client’s operations, security, compliance obligations, or public-agency responsibilities. If the basis of the Cause is not remedied within the thirty- (30) day written notice period, the particular Addendum for which the Cause existed may be terminated by the nonbreaching party. Diamond IT may, in addition to any other remedy, terminate or suspend Products or Services if Client fails to make timely payment within fifteen (15) days of written notice.

Termination of all Addenda shall automatically terminate this MSA, and no extended tail period shall apply unless expressly agreed in writing by Client.

Notwithstanding anything to the contrary herein, Client may terminate this Agreement upon thirty (30) days’ advance written notice for any reason or no reason. Diamond IT will cooperate in good faith in any transition, but no minimum notice period must limit Client’s statutory or fiscal discretion.

B. Equipment Removal. Upon termination of an Addendum for any reason, Client shall provide Diamond IT with access, during normal business hours, to Premises (or any other locations at which Diamond IT-owned equipment is located) to enable Diamond IT to remove all Diamond IT-owned equipment (if any) from Premises. Diamond IT and Client may mutually agree in writing to have any such equipment shipped back to Diamond IT.

If access is not coordinated permitting Diamond IT to retrieve any Diamond IT owned-equipment or Client does not return such Diamond IT ownedequipment via postal carrier, Diamond IT may seek the actual, documented depreciated value of such unreturned equipment. Diamond IT must remove all equipment within ten (10) business days of termination unless otherwise agreed, and Client will have no responsibility for equipment left in place beyond that period.

C. Transition. If Client requests Diamond IT’s assistance to transition to a new service provider and all fees due and owing to Diamond IT under this MSA are paid by Client, Diamond IT shall provide such assistance upon Client’s payment, in advance, of an amount which Diamond IT estimates is required to facilitate transition assistance at Diamond IT’s then-current hourly rate.

Diamond IT shall reconcile actual charges for transition to new service provider with the prepaid amount described above within thirty (30) days of completion of transition assistance. Diamond IT shall have no obligation to store or maintain any Client data in Diamond IT’s possession or control for more less than ninety (90) days following the expiration or termination of an applicable Addendum. Diamond IT shall be fully responsible and liable for any claims, costs, fees, or expenses incurred by either party that arise from, or are related to, Diamond IT’s deletion of Client data in violation of this Agreement or applicable law. Diamond IT must deliver all Client data in a mutually agreed, non-proprietary, industry-standard format (e.g., CSV, XML, JSON, or similar) before deletion.

D. Early Termination and Reimbursement of Costs. An Addendum may be terminated early by Client by submitting written notice of the intent to

6.B.2
Attachment: Master Services Agreement - Diamond IT_012726 (Master Services Agreement with Diamond IT) 09196-0001 4932-6122-4827 v2 Page 9 of 14
terminate the Addendum to the other party, at least thirty (30) days in advance of the termination date. If the termination is by Client , Client shall pay to Diamond IT its unpaid balance for Services at the time of termination (if any), and:

E. Client will not be responsible for any early-termination penalties, vendor buyout costs, future license fees, or third-party contractual commitments incurred by Diamond IT unless such obligations were expressly disclosed to Client in writing and approved in advance in the applicable Addendum.

Diamond IT must bear all costs arising from its own vendor or subcontractor agreements unless expressly assumed by Client in a City-approved, signed writing.

13. CONFIDENTIALITY.

A. Defined. Confidential Information shall mean any and all non-public information provided to Diamond IT by Client, including but not limited to Client’s customer data, personally identifiable information, employee information, customer lists, internal Client documents, and related information. Confidential Information shall not include information that: (i) has become part of the public domain through no act or omission of Diamond IT, (ii) was developed independently by Diamond IT, or (iii) is or was lawfully and independently provided to Diamond IT prior to disclosure by Client, from a third party who is not and was not subject to an obligation of confidentiality or otherwise prohibited from transmitting such information.

Copies of an Addendum, proposals, written recommendations and assessments are not permitted to be shared or disclosed to any third party, except as required for reasons related to Client’s legal obligations, including but not limited to the California Public Records Act, subpoenas, discovery, audits, or other applicable law. Nothing in this Section restricts Client’s ability to disclose records as required by law or to fulfill its duties as a public agency.

B. Use. Diamond IT shall keep Client’s Confidential Information confidential and shall not use or disclose such information to any third party for any purpose except as needed to perform hereunder. If Diamond IT is required to disclose the Confidential Information to any third party, then Diamond IT shall ensure that such third party is required, by written agreement, to keep the information confidential under terms that are at least as restrictive as those stated in this Section. Diamond IT must not sell, share, mine, train algorithms on, analyze, aggregate, or otherwise use Client’s Confidential Information for any purpose unrelated to the performance of Services.

C. Due Care. Diamond IT shall exercise the same degree of care with respect to the Confidential Information it receives from Client as Diamond IT normally takes to safeguard and preserve its own confidential and proprietary information, which in all cases shall be at least a commercially

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reasonable level of care. Diamond IT must implement administrative, physical, and technical safeguards consistent with industry standards (including, at minimum, NIST SP 800-53 or its successor framework).

D. Compelled Disclosure. If Diamond IT is legally compelled by subpoena or similar process to disclose Confidential Information, Diamond IT shall notify Client in writing so that Client may seek a judicial remedy. Diamond IT will cooperate, at Client’s expense, with Client efforts to obtain judicial relief.

Failing Client securing judicial relief, Diamond IT may disclose, without liability hereunder, that portion of the Confidential Information that it is legally compelled to disclose. Diamond IT must limit any such disclosure strictly to the minimum information legally required.

E. Diamond IT Information. Client shall not disclose information provided to Client by Diamond IT relating to proposals, pricing or deliverables of Diamond IT to Client. However, Client may disclose such information to the extent required under the Public Records Act or when otherwise required by law.

F. Disclosure of Client Affiliation. Diamond IT may disclose the existence of this relationship to any prospective client. Diamond IT must not use Client’s logo or seal in marketing materials, websites, case studies, or press releases without Client’s prior written consent.

14. MISCELLANEOUS.

A. Assignment. This MSA is for Diamond IT’s professional services. Diamond IT’s attempts to assign the benefits or burdens of this Agreement with Client’s written approval are prohibited and will be null and void.

B. Amendment. No amendment or modification of this MSA or any Addendum shall be valid or binding upon the parties unless such amendment or modification specifically refers to this MSA, is in writing, and is signed by each party. No oral modifications or course of conduct shall amend this Agreement.

C. Severability. If any provision hereof or any is declared invalid by a court of competent jurisdiction, such provision shall be ineffective only to the extent of such invalidity, illegibility or unenforceability so that the remainder of that provision and all remaining provisions of this MSA or any shall be valid and enforceable to the fullest extent permitted by applicable law. Such unenforceability shall not affect any other provision of this MSA, and the MSA shall be construed as if such an unenforceable provision or provisions had never been included in this MSA.

D. No Waiver. The failure of either party to enforce or insist upon compliance with any of the terms and conditions of this MSA, the temporary or recurring waiver of any term or condition of this MSA, or the granting of an extension

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of the time for performance, shall not constitute an MSA to waive such terms with respect to any other occurrences.

E. Merger. This MSA, together with Addendums incorporated by the parties into the MSA, sets forth the entire understanding of the parties and supersedes prior agreements related to the Services or Products. Any document that is not expressly and specifically incorporated into this MSA shall act only to provide illustrations or descriptions of Services to be provided and shall not act to modify this MSA or provide binding contractual language between the parties.

F. Force Majeure. Neither Party shall be liable to the other for delays or failures to perform its obligations under this MSA or any Addendum because of circumstances beyond its reasonable control. Such circumstances include, but shall not be limited to, any acts or omissions of any governmental authority, natural disaster, act of a public enemy, acts of terrorism, riot, epidemic, sabotage, disputes or differences with workmen, power failure, communications delays/outages, delays in transportation or deliveries of supplies or materials, acts of God, or any other events beyond the reasonable control of either Party.

G. Dispute Resolution. Governing Law; Venue. Any dispute, claim, or controversy arising out of or relating to this MSA or any Addendum shall be resolved by litigation and not by arbitration. The Parties expressly waive any agreement to arbitrate. All claims shall be brought exclusively in a court of competent jurisdiction located in the County in which Client is situated.

Diamond IT hereby irrevocably consents to the jurisdiction and venue of such courts.

H. Insurance. Diamond IT strongly recommends that Client should, at Client’s expense, maintain cyber insurance covering Client’s System with financially sound and reputable insurers. Upon request, Client will provide Diamond IT with a certificate of insurance from Client’s insurer evidencing the insurance coverage. Diamond IT shall maintain professional liability insurance, including technology errors and omissions and cyber incident response coverages, with limits of at least One Million Dollars ($1,000,000) per occurrence and One Million Dollars ($1,000,000) in the aggregate and will provide Client with a certificate of insurance evidencing the insurance coverage. Diamond IT must maintain all insurance required for technology services agreements with public agencies, including but not limited to general liability, automobile liability, workers’ compensation, and technology errors and omissions.

I. No Third-Party Beneficiaries. The Parties have entered into this MSA solely for their own benefit and intend no third party to be able to rely upon or enforce any part of this MSA.

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J. Notices. Generally, notices and communications may be exchanged between the parties by electronic mail (“email”), provided that the emails are sent by the sender to the last known email address of the recipient.

Notwithstanding the foregoing, notices relating to a material breach or termination of this MSA or any Addendum, must be sent in writing. Email shall be deemed delivered one (1) business day after the email is sent to the recipient; written notice shall be deemed delivered three (3) business days after such notice is deposited in the United States Mail, first class and return receipt requested, or one (1) day following delivery when sent by FedEx to the addresses set forth in the opening paragraph of this MSA, or to such other address(es) as the parties may designate from time to time.

K. Marketing. Client grants Diamond IT the right to use Client’s name in marketing materials, on its website, and in presentations or case studies, solely to identify Client as a customer of Diamond IT. This usage will be in accordance with any reasonably guidelines provided by Client.

L. Electronic Signatures. Diamond IT and Client agree that any contract documents between the parties, including this MSA, may be circulated and executed electronically by execution and transmittal in PDF format with the signatures of electronic means possessing the same enforceability and validity as wet ink signatures.

M. Independent Contractor. Each party is an independent contractor of the other, and neither is an employee, partner or joint venturer of the other.

Diamond IT may subcontract part or all of the Services to one (1) or more third parties provided, however, that Diamond IT shall be responsible for, and shall guarantee, all work performed by any Diamond IT-designated subcontractor as if Diamond IT performed such work itself. Notwithstanding anything to the contrary herein, Diamond IT must obtain Client’s prior written approval to use subcontractors in performance of any portion of Services to Client. Notwithstanding the foregoing, Diamond IT shall not delegate or subcontract any Services that are expressly designated as being nondelegable by Client in an Addendum.

N. Captions. All captions, headings and subheadings in this MSA are included for reference only, and in no way define or otherwise modify the terms of this MSA.

O. Audit of Records. Diamond IT will maintain full and accurate records with respect to the Services and matters covered by this MSA. Client will have free access at all reasonable times during Diamond IT’s regular business hours 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 pertaining to the Services provided by Diamond IT to Client. Diamond IT will retain such financial and service records for at

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least three (3) years after termination or final payment under this Agreement, or longer, if required by law.

P. Conflict of Interest. Diamond IT shall comply with all conflict of interest laws and regulations including, without limitation, Client’s conflict of interest regulations.

Q. Solicitation. Diamond IT maintains and warrants that it has not employed nor retained any company or person, other than Diamond IT’s bona fide employee, to solicit or secure this Agreement. Further, Diamond IT warrants that it has not paid nor has it agreed to pay any company or person, other than Diamond IT’s bona fide employee, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting form the award or making of this Agreement. Should Diamond IT breach or violate this warranty, Client may rescind this Agreement without liability.

R. Authority/Modification. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this MSA and to engage in the actions described herein and under any Addenda. This MSA may be modified by written amendment. Client’s authorized representative, may execute any such amendment on behalf of Client, unless otherwise required by law.

S. Statement Of Experience. By executing this Agreement, Diamond IT represents that it has demonstrated trustworthiness and possesses the quality, fitness and capacity to perform the contracted-for services. Diamond IT 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 Diamond IT is capable of performing the proposed contract and has a demonstrated capacity to deal fairly and effectively with and to satisfy a public city.

T. 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 DIAMOND IT to any other person or public Client without Client’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 Client, unless otherwise provided by written agreement between the parties.

U. Ownership Of Documents; Exceptions; Warranty. Except as otherwise provided below, all documents, data, studies, drawings, maps, models, photographs and reports prepared by Diamond IT specifically for Client (collectively, “Documents”) under this Agreement are Client’s property.

Diamond IT may retain copies of such Documents as desired but will deliver

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all original materials to Client upon Client’s written notice. Client agrees that use of Diamond IT’s completed work product, for purposes other than identified in this Agreement, or use of incomplete work product, is at Client’s own risk. Diamond IT warrants that all Documents it drafts specifically for Client and completes pursuant to this Agreement constitute original work.

Diamond IT shall not submit any work product substantially or entirely generated by artificial intelligence (AI) tools unless it (i) discloses such use in writing at the time of submission and (ii) ensures that the resulting work product is accurate, original, non-infringing, and compliant with applicable law. AI-assisted content may not be represented as Diamond IT’s independently created original work. Nothing in this subsection limits Client’s ownership of the Documents. All Documents prepared for Client, whether or not AI tools were used, shall be owned exclusively by Client.

Diamond IT is required to indemnify and defend Client to the fullest extent allowed by applicable law should it violate this Section.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first hereinabove written.
“Diamond IT”
Diamond Technologies, Inc.

By: ____________________________
XX
“Diamond IT”
Diamond Technologies, Inc.

By: ____________________________
XX
“CLIENT”
City of Arvin, a municipal corporation
By: ______________________________
Jeff Jones, City Manager
ATTEST
By: _____________________________
Cecilia Vela, City Clerk

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

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Attachment: Master Services Agreement - Diamond IT_012726 (Master Services Agreement with Diamond IT)

Arvin City CouncilJanuary 27, 2026

Arvin City Council
January 27, 2026