Chino City Council
February 1, 2022

Those persons wishing to speak on any item included o n the agenda, or on any matter within the subject matter jurisdiction of the City Council, are invited fill out and submit to the City Clerk a “Request to Speak” form (name and address optional) which is available at the entrance to the City Council Chambe rs.

Additionally, members of the public may submit electronic inquiries or comments by submitting emails to [email protected]
In compliance with the Americans with Disabilities Act, if you require a reasonable accommodation to participate in this m eeting, please contact the City Clerk’s Office (909) 334 -3306, at least 48 hours prior to the advertised starting time of the meeting.

Any documents produced by the City and distributed to a majority of the City Council regarding any item on this agenda wi ll be made available in the City Clerk’s Office during normal business hours at City Hall located at 13220 Central Avenue, Chino. In addition, such documents will be posted on the City’s website at www.cityofchino.org.

CHINO CITY COUNCIL

SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
REGULAR MEETING – CITY HALL COUNCIL CHAMBERS
13220 CENTRAL AVENUE
CHINO, CA 91710
TUESDAY FEBRUARY 1, 2022

CLOSED SESSION – 6:00 PM
OPEN SESSION – 7:00 PM

AGENDA

ROLL CALL
Mayor Eunice M. Ulloa, Mayor Pro Tem Lucio, Council Member Karen C. Comstock, Council Member Christopher Flores, Council Member Walt Pocock.

CLOSED SESSION PUBLIC COMMENTS
This is the time and place for the general public to address the City Council about the closed session items. Ordinance No. 97-08 (Chino Municipal Code Section 2.04.090) limits speakers to no more that five (5) minutes in which to address the Council, except as provided under Government Code 54954.3(b)(2).

CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION.

Pursuant to Paragraph (1) of Subdivision (d) of Government Code Section 54956.9:

1. City of Chino, a California Corporation vs. Kelly Bosler, in her official capacity as Director the California Department of Finance. (Case No. 34-2019-80003140-CU-WM-GDS)

2. Chino, et al. v. California Department of Corrections and Rehabilitation, et al. (San Bernardino Superior Court, Case No. CIVDS 1917019).

FLAG SALUTE

CEREMONIALS
Presentations
Mayor's Home Beautification Award - February 2022

CHINO CITY COUNCIL
FEBRUARY 1, 2022 2

Presentations
Chaffey College – College Park Campus Update

REPORT OUT OF CLOSED SESSION

AGENDA ADDITIONS/REVISIONS

INFORMATION
Economic Development Report - January 2022.

PUBLIC ANNOUNCEMENTS
This is the time and place for the Mayor to inform the public of all upcoming events and p ast occurrences of communitywide interest and concern.

PUBLIC COMMENTS
This is the time and place for the general public to address the City Council about subjects that do not appear elsewhere on the agenda. Due to Council policy and Brown Act requirements, action will not be taken on any issues not on the Agenda. Ordinance No. 97 - 08 (Chino Municipal Code Section 2.04.090) limits speakers to no more than five (5) minutes in which to address Council, except as provided under Government Code 54954.3(b)(2).

CONSENT CALENDAR
At this time, members of the public may present testimony as to why an item should be removed from the Consent Calendar for separate discussion. Unless a member of the public or City Council requests that an item be removed from the Conse nt Calendar, all items will be acted upon as a whole and by one vote.

1. Warrants. Approve expenses as audited and within budget for warrants 758453 to 758586, and Electronic Fund Transfers 514491E to 514541E, totaling $3,006,985.76.

2. Minutes - Regular Meeting of January 18, 2022 (All Members Present)

3. Elected City Officials’ Report Regarding Travel, Training, and Meetings . Receive and file the Elected City Officials' Report reflecting City Council business related expenses incurred by the City and forecast of future events and trainings.

4. City of Chino Letter Identifying Funding Priorities to the County of San Bernardino . Approve a letter to The Honorable San Bernardino County Supervisor, Curt Hagman detailing a list of funding priorities and collaborative efforts for the City of Chino.

5. Agreement for "Pass-Through" Payments for COPLINK Project Management Services - Cletus Hyman. Appropriate $35,000 from the unappropriated reserves of the General Fund as "pass - through" payments for the San Berna rdino County Police Chiefs and Sheriffs Associations' s COPLINK Project Management Contract.

6. Reimbursement Agreement with the City of Chino Hills . Approve a Reimbursement Agreement with the City of Chino Hills for the Pine Avenue Road Repair FY2021-22 at Chino Creek Project.

7. Notice of Completion: Pine Avenue Road Repair at Chino Creek (ST061) . Acceptance of the Pine Avenue Road Repair FY2021/2022 at Chino Creek Project No. ST061 as complete and approve Contract Change Order No. 2.

CHINO CITY COUNCIL
FEBRUARY 1, 2022 3

8. Notice of C ompletion: WA19B and WA 172 . Acceptance of Quadrant 3.2 Water Main Replacements at Various Locations Project (WA 19B) and Central Avenue Water Line Replacements Project (WA172) as complete.

M _____ S _____ RC _____

NEW BUSINESS

9. Expenditure Plan for Ameri can Rescue Plan Act o f 2021 (A RPA) Coronavirus State and Local Fiscal Recovery Fund (CLFRF) Allocation to the City of Chino . Proposed City of Chino American Rescue Plan Act of 2021 (ARPA) Expenditure Plan Staff Report by: Vivian Castro, Deputy City Manager.

RECOMMENDATION: 1) Adopt R esolution No. 2022 -009, approving the City of Chino American Rescue Plan Act of 2021 (ARPA) Expenditure Plan; 2) approve the acceptance and appropriation into the General Fund project G4066 the $14,987,541 grant funding; 3) transfer up to $1,750,000 from Fund 100 to Fund 640 to provide Premium Pay for eligible City employees; 4) transfer from Fund 100 up to $3,083,848 to the various funds for the re -hiring of local government staff; 5) transfer from Fund 100 to Fund 640 $153,693 for Unemployment Insurance Benefits; and 6) authorize the City Manager and his designee(s) to take the appropriate and necessary actions to carry out the proposed plan.

M _____ S _____ RC _____

10. Change Order and Appropriation- Ayala Park Improvements - North Parking Lot, Picnic Pavilion, and Accessibility Project (PK221) . Approve a change order and an additional appropriation to Klassic Engineering and Construction, Inc., Orange, CA for the Ayala Park Improvements -North Parking Lot, Picnic Pavilion, and Accessibility Project PK221.

Staff Report by: Keith Martinez, Assistant Project Coordinator.

RECOMMENDATION: 1) Approve a change order in the amount of $169,078.99 to Klassic Engineering and Construction Inc., Orange, CA for the Ayala Park Improvem ents-North Parking Lot, Picnic Pavilion, and Accessibility Project PK221; 2) appropriate $88,986.84 from the unappropriated reserves from the Park Fund and increase the project budget to $1,683,086.84 3) approve a 10% contingency in the amount of $16,907.90; 4) authorize a vendor cap increase of $185,986.89 to equal a total not-to-exceed amount of $1,557,005.86 and 5) authorize the City Manager to execute all documents on behalf of the City.

M _____ S _____ RC _____

11. Award a Professional Services Agreement - Comprehensive Classification, Compensation and Organizational Assessment. Award a Professional Services Agreement to Koff & Associates, Inc., for Comprehensive Classification, Compensation and Organizational Assessment and Associated Services.

Staff Report by: Anthony Arroyo, Director of Human Resources & Risk Management.

RECOMMENDATION: 1) Appropriate $111,540 from the unappropriated reserves of the Water, Sewer and Sanitation Enterprise Funds ; 2) Approve a Professional Services Agreement wi th Koff & Associates , A Gallag her Company, Berkeley, CA in the amount of $111,540 for Comprehensive Classification, Compensation and Organizational Assessment Services; 3) authorize additional expenditures for contract contingencies of up to $30,000, for a total agreement amount not-to-exceed $141,540 and 4) authorize the City Manager to execute the necessary documents on behalf of the City.

M _____ S _____ RC _____

CHINO CITY COUNCIL
FEBRUARY 1, 2022 4

MAYOR AND COUNCIL REPORTS
This is the time and place for the Mayor and Council Members to report on presche duled Council Committee Assignment Meetings that were held since the last Regular Council Meeting, and any other items of interest. Upon request by an individual Council Member, the City Council may choose to take action on any of the subject matters listed below.

Mayor Ulloa

12. Planning Commission Appointments. Ratify the appointments of Kevin Cisneroz, Lissa Fraga, and Lawrence Vieria to the Planning Commission.

Report by: Mayor Ulloa.

RECOMMENDATION: Ratify the appointments of Kevi n Cisneroz, Li ssa Fraga, and Lawrence Vieria to the Planning Commission for terms ending January 1, 2026.

M _____ S _____ RC _____
Mayor Pro Tem Lucio
Council Member Comstock
Council Member Flores
Council Member Pocock
City Manager's Report
City Attorney's Report
Police Chief's Report
Fire Chief's Report

ADJOURN
The next Regular Meeting of the City Council will be held on Tuesday, March 1, 2022 at 7:00 p.m. (Closed Session at 6:00 p.m. if necessary) in these Council Chambers.

I, Angela Robles, City Clerk of the City of Chi no, hereby declare that on Friday, January 28, 2022 this agenda was posted on the south window of Chino City Hall and this agenda together with all of the agenda reports and related documents were posted on the City’s website at www.cityofchino.org by myself or under my direction.

_______________________________________
Angela Robles, City Clerk.

JANUARY 2022 ECONOMIC DEVELOPMENT REPORT
CITY COUNCIL RECAP, FEBRUARY 1, 2022
1 Unemployment Rate December 2021 4.1%
New Business Licenses December 2021 54
Retail Vacancy December 2021 9.6%
Industrial Vacancy Q4, 2021 .1%
Office Vacancy December 2021 2.7%

UNEMPLOYMENT STATISTICS
EDD Unemployment Update – Updated Monthly
Unemployment rates in Chino have decreased for this month to 4.1% from November 2021 to December 2021. *EDD, www.labormarketinfo.edd.ca.gov

0.0%

5.0%

10.0%

15.0%

20.0%
2012 2013 2014 2015 2016 2017 2018 2019 2020 2021
Unemployment 2012 - December 2021
Percent Unemployed
Unemployment rates in Chino have decreased
from 5.2% to 4.1% from November 2021 to
December 2021. *EDD,
www.labormarketinfo.edd.ca.gov
City November December
Chino Hills 3.9% 3.1%
Rancho 4.5% 3.6%
Eastvale 4.7% 3.8%
US 4.6% 3.9%
Chino 5.2% 4.1%
Montclair 5.0% 4.2%
Upland 5.2% 4.4%
Ontario 5.6% 4.8%
Fontana 5.9% 4.9%
SBCO 6.3% 5.2%
California 7.3% 6.5%
Mission Statement
“Together we take pride in
providing quality, caring service to
our community.”

7.1.a
Economic Development Report - January 2022.

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JANUARY 2022 ECONOMIC DEVELOPMENT REPORT
CITY COUNCIL RECAP, FEBRUARY 1, 2022
2 BUSINESS LICENSES
Business License Information – Updated Monthly
Between December 1 and December 31, 2021, the City processed 54 new business licenses. 16 of those businesses are in the City while 29 were located outside the City but providing services to City businesses and residents. * Munis Business License Report

RETAIL VACANCY RATES
Retail Vacancy Rates – Updated Monthly
The City of Chino is a highly desirable location. The vacancy rate for December of 2021 is 9.6%, which is slightly lower than the previous month. The City has 13,600 square feet, of retail space currently under construction. *Progressive Real Estate Partners (PREP)/CoStar

INDUSTRIAL VACANCY
City Rate Vacancy
Eastvale $0.84 0.00%
Chino $1.39 0.10%
Ontario $1.19 0.10%
Inland Empire $1.07 0.50%
Fontana $1.20 0.70%
Rancho $1.35 3.70%
0 20
40 60
80 100
Jan-21 Feb-21 Mar-21 Apr-21 May-21 Jun-21 Jul-21 Aug-21 Sep-21 Oct-21 Nov-21 Dec-21 New Business Licenses

0.00%

2.00%

4.00%

6.00%

8.00%

10.00%

12.00%
Jan-21 Feb-21 Mar-21 Apr-21 May-21 Jun-21 Jul-21 Aug-21 Sep-21 Oct-21 Nov-21 Dec-21 Retail Vacancy
Industrial Rates – Updated Quarterly, Includes all sites over 10,000 Square Feet
The industrial sector continues to flourish in Chino. The City has 1,524,587 square feet of industrial space under construction. Chino continues to have one of the lowest vacancy rates in the region at 0.1%. Vacancy rates for Q4 2021 decreased in Chino since the prior quarter. Of the cities noted, Chino garners the highest per square foot rate at $1.39. *Colliers Market Research

7.1.a
Economic Development Report - January 2022.

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JANUARY 2022 ECONOMIC DEVELOPMENT REPORT
CITY COUNCIL RECAP, FEBRUARY 1, 2022
3 OFFICE VACANCY
Office Rates – Updated Monthly
The vacancy rate of 2.7% is slightly higher this month for the Chino Valley office market, which accounts for 6% of the Inland Empire. However, the market garners a hefty $2.31 per square foot, and consists of a total of 1.8 M square feet of office and corporate headquarters space.

There are no current office buildings under construction. *CoStar

RESIDENTIAL CONSTRUCTION
Resi
dential Construction Updates – Updated Monthly
Residential housing continues to move forward with 287 single family residences currently under construction, 181 multi-family units under construction, and 683 units approved for construction. *Development Services Department

CITY UPDATES
For more information on the following, visit our City website:
• Capital Improvement Projects www.cityofchino.org/cip. • Road closures www.cityofchino.org/roadclosures.
• City Events www.cityofchino.org/calendar.
• City meetings can be found at www.cityofchino.org/events. $0.84
$1.39
$1.19
$1.07
$1.20
$1.35

0.00%

1.00%

2.00%

3.00%

4.00%
$0.30
$0.50
$0.70
$0.90
$1.10
$1.30
$1.50
Eastvale Chino Ontario Inland Empire Fontana Rancho
Industrial Rate and Vacancy as of Q4 2021
Dollar Rate Vacancy Percent

0.00%

2.00%

4.00%

6.00%
Jan-21 Feb-21 Mar-21 Apr-21 May-21 Jun-21 Jul-21 Aug-21 Sep-21 Oct-21 Nov-21 Dec-21 Office Vacancy
Dollar Rate, Chino

7.1.a
Economic Development Report - January 2022.

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Revenue: Expenditure:

Transfer In: Transfer Out:

M E M O R A N D U M

CITY OF CHINO

FINANCE DEPARTMENT

COUNCIL MEETING DATE: FEBRUARY 1, 2022

TO: MATTHEW C. BALLANTYNE, CITY MANAGER

FROM: ROB BURNS, DIRECTOR OF FINANCE

SUBJECT: WARRANTS.

RECOMMENDATION
Approve expenses as audited and within budget for warrants 758453 to 758586, and Electronic Fund Transfers 514491E to 514541E, totaling $3,006,985.76.

FISCAL IMPACT
Sufficient funds have been included in the Fiscal Years 21-22 Operating Budget.

10.1 CONSENT CALENDAR
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COUNCIL MEETING DATE: FEBRUARY 1, 2022
SUBJECT: WARRANTS
PAGE 2

BACKGROUND
As prescribed by Government Code S ection 37202 and 37208, the following demand registers are herewith submitted for Council ratification:

NO. WARRANTS DATE FY AMOUNT

1. 758453 – 758529 12/29/21 21-22 $870,544.63

2. 758530 – 758586 1/6/22 21-22 $288,223.25

3. 514491E – 514518E 12/30/21 21-22 $1,788,810.95

4. 514518E – 514540E 1/7/22 21-22 $48,161.74

5. 514541E 1/10/22 21-22 $11,245.19

*Denotes handwritten warrant
E: Electronic Fund Transfers

TOTAL $3,006,985.76

ISSUES/ANALYSIS
See attached exhibit for detailed information on warrants exceeding $50,000.

RB:hm

Attachment: Exhibit 1

10.1 CONSENT CALENDAR
Packet Pg. 9
Council Meeting 2/1/22

CITY OF CHINO
A/P Warrant Register Over $50,000

Check
Number
Check Date Vendor Name Description Amount
758460 12/29/2021 CALIAGUA, INC. SEWER LIFT STATION $128,891.25 758483 KLASSIC ENGINEERING & CONSTRUCTION
INC
AYALA N. PARKING LOT $150,935.04
758515 SEQUEL CONTRACTORS, INC. ALLEY CONSTRUCTION $227,031.42 758526 WASTE MANAGEMENT COLLECTION SERVICES $94,603.68 514503 12/30/2021 HUITT-ZOLLARS, INC. PINE AVE. CONNECTOR DESIGN $57,510.00 514505 INLAND EMPIRE UTILITIES AGENCY RECLAIMABLE WASTEWATER $236,002.63 758575 01/06/2022 SANCON TECHNOLOGIES, INC. CONSTRUCTION SEWER PROJECT $56,558.25

8 TOTAL $2,317,343.27

10.1.a
Warrants
Packet Pg. 10

CHINO CITY COUNCIL

SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
REGULAR MEETING – CITY HALL COUNCIL CHAMBERS
13220 CENTRAL AVENUE
CHINO, CA 91710

TUESDAY JANUARY 18, 2022

CLOSED SESSION – 6:00 PM
OPEN SESSION – 7:00 PM

M I N U T E S

CALL TO ORDER
The January 18, 2022, Regular Meeting of the Chino City Council / Successor Agency to the Redevelopment Agency was called to order at 6:00 p.m. by Mayor Eunice M. Ulloa in the Council Chambers.

ROLL CALL

Present: Mayor Eunice M. Ulloa , Mayor Pro Tem Marc Lucio, Council Members Karen C.

Comstock, Christopher Flores, and Walt Pocock.

Absent: None

CLOSED SESSION

CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION
Pursuant to paragraph (1) of subdivision (d) of Government Code Section 54956.9:

1. Edward C. Acosta v. City of Chino, et al. 5:18-CY-0914-DSF (KK).

2. Elise Brown v. County of San Bernardino et al. (Central District Court Case No. 5:20-cv-01116-MCS-SP)

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Initiation of litigation pursuan t to Paragraph (4) of Subdivision (d) of Government Code Section 54956.9.

1. Number of Cases: One Case.

CLOSED SESSION PUBLIC COMMENTS
There were no requests to speak.

The City Council recessed to Closed Session at 6:03 p.m. and concluded at 6:50 p.m. The City Council reconvened the meeting at 7:00 p.m.

FLAG SALUTE
Council Member Comstock led the assembly in reciting the Pledge of Allegiance.

10.2 CONSENT CALENDAR
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CHINO CITY COUNCIL
JANUARY 18, 2022 2

PUBLIC HEARING

1. 2021-2022 Redistricting Process. Review, consider, and discuss the draft maps received by the City and provide direction to staff.

Mayor Ulloa opened the public hearing.

Staff Report by : Jack Mor gan, Assistant to the City Manager and Jeff S imonetti, National Demographics Corporation.

In response to questions from Council , Mr. Simonetti explained that the redistricting process occurs every ten years following the completion of the census. Furthermore, he clarified that seven population balanced maps were re ceived ( 2 m aps fr om the public and 5 m aps were prepared by NDC). The remainder of the maps were not population balanced and as presented may not be considered because they do conform with the requirements of the Federal Voting Rights Act.

Council Member Flores requested the current district boundaries be shown on the online mapping tool.

Mayor Pro Tem Luc io stated his preference f or having two representatives for the downtown area and two representatives in the Preserve.

Mayor Ulloa asked for clarification on splitting communities of interest.

Mr. Simonetti stated th at if the communities of interest would be better served by having two representatives, then the City Council may choose to split them. He pointed out that Draft Maps 101 and 104 split the downtown area and Preserve communities of interest.

Mr. Morgan clarified that for reference draft maps 103, 105, and 106 keep the communities of interest intact.

There was consensus by the City Council to conduct a workshop to review and discuss the draft maps.

Mayor Ulloa invited the public to comment on this item.

Greg Marquez requested the Crystal Lane neighborhood remain within District 2, as shown on draft map 103, and announced his intention to seek election to District 2 in November 2022.

Steve Le wis suggested the draft maps include wh ere the current council members reside.

Mayor Ulloa advised against this because where council members reside is not one of the considerations.

Mayor Ulloa asked for information on the impact to voters who would shift to a different district because of redistricting and projected population growth.

There begin no one else present to address the City Council on this item, the public hearing was closed.

Moved by Council Member Flores, seconded by Mayor Pro Tem Lucio, and carried on a 5- 0 roll call vote, to schedule a workshop to discuss the draft maps; display the draft maps in large form along with the statistics; show current district bounda ry lines and communities of interest; and provide projected population growth and voters shifted to different election years.

AYES: COMSTOCK, FLORES, LUCIO, POCOCK, ULLOA.

NOES: NONE.

10.2 CONSENT CALENDAR
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CHINO CITY COUNCIL
JANUARY 18, 2022 3

ABSENT: NONE.

RECESS
The City Council took a recess at 7:50 p.m. and resumed the meeting at 8:00 p.m.

CEREMONIALS
Mayor Ulloa pre sented the January 2022 Business of the Month Award to Mitch and Irene Morris of Inkind Thrift in Chino.

REPORT OUT OF CLOSED SESSION
City Attorney Fred Galante read into the record the items listed on the Closed Session agenda.

CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION
Pursuant to paragraph (1) of subdivision (d) of Government Code Section 54956.9:

1. Edward C. Acosta v. City of Chino, et al. 5:18-CY-0914-DSF (KK).

The City Council received an update on the case from Attorney Sarah Martoccia of Atkinson, Andelson, L oya, Ru ud and Romo . The City Council authorized a $63,500 settlement in exchange for a full and unconditional release of all claims and additional conditions imposed on the plaintiff in the Settlement Agreement to be finalized under the authority of the City Manager.

Moved by Mayor Ulloa, seconded by Council Member Pocock, and carried on a 4-0-1 roll call vote, t o ap prove a settlement in the amount of $6 3,500 in exchange for a full and unconditional release of claims.

AYES: FLORES, LUCIO, POCOCK, ULLOA.

NOES: NONE.

RECUSED: COMSTOCK.

2. Elise Brown v. County of San Bernardino et al . (Centra l Dist rict Court Case No. 5:20-cv-01116-MCS-SP)

The City Council received an update on the status of the litigation and no further reportable action was taken.

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Initiation of litigation purs uant to P aragraph (4) of Subdivision ( d) of Government Code Section 54956.9.

1. Number of Cases: One Case.

The City Council received a briefing and no further reportable action was taken.

AGENDA ADDITIONS/REVISIONS
City Manager Matt Ballantyne reported there were no agenda additions or revisions.

10.2 CONSENT CALENDAR
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CHINO CITY COUNCIL
JANUARY 18, 2022 4

PUBLIC ANNOUNCEMENTS
Mayor Ulloa issued a reminder about the following community events:
• Annual Run for Russ Memorial 5K Run and Community Walk on Febr uary 5, 2022 beginning at 8:00 a.m. at Chino Civic Center locate d at 1 3250 Central Avenue . The event honors the life of C hino Police Officer, Russ M iller who was t ragically struck and killed by a drunk drive r in the line of d uty on February 1, 200 0. Online registrati on is available at https://www.runforruss.com.
• Household Hazardous Waste (HHW) drop off event on January 22, 2022 at the City of Chino Public Works Services Yard locate d at 5050 Schaefer Avenue from 8:00 a.m. to 1:00 p.m.

PUBLIC COMMENTS
David Bustamante of Calvary Chapel Chino Valley provided the Invocation.

Chuck Neault inquired about the permitting process to construct a bedroom in his garage.

Dresden Rose from Boy Scou t Troop 202 shared that he was working toward his Citizenship in the Community Merit Badge.

CONSENT CALENDAR

1. Warrants. Approve expenses as audited and within budget for warrants 758271 to 758452, and Electronic Fund Transfers 514419E to 514490E, totaling $4,827,590.54.

2. Minutes
a. Minutes - Regular Meeting of January 4, 2022 (All Members Present) b. Minutes - Special Meeting of January 4, 2022 (All Members Present)

3. Elected City Officials’ Report Regar ding Travel, Training, and Meetings . Receive and file the Elected City Officials' Report reflecting City Council business relate d expenses incurred by the City and forecast of future events and trainings.

4. Opioid Mitigation Resolution. Adopt Resolution No. 2022 -008, memorializing the Ci ty of Chino and Chino Police Department's commitment and strategy to mitigate and alleviate t he effects of the opioid epidemic.

5. Annual Ad option of City of Chino and Successor Agency Investment Policy . Adopt City Resolution No. 2022-009 and Successor Agency Resolution No. 2022-001 containing the City of Chino and Successor Agency Statement of Investment Policy.

6. Amendment to Professional Services Agreement for Project No. R2071 - Benson Avenue Sewer Lift Station and Forcemain Design Services. Approve Amendment No. 5 to Professional Services Agreement No. 2020-146 with Transtech Engineers, Inc., Chino, CA in an amount not- to-exceed $30,000.00 for additional engineering and construction support services for Project R2071.

7. Professional Services Ag reement - ADA G rievance Curb Ramps at Olive Place and Walnut Avenue. Vendor cap increase and award a contract in the amount of $21,280.00 to Transtech Engineers, Inc., for ADA Grievance Curb Ramps at Olive Place and Waln ut Avenue Project Design Services.

10.2 CONSENT CALENDAR
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CHINO CITY COUNCIL
JANUARY 18, 2022 5

Moved by Mayor Pro Tem Lucio, seconded by Council Member Flores, and carried on a 5- 0 roll call vote, to approve Consent Calendar items 1 through 7 as presented.

AYES: COMSTOCK, FLORES, LUCIO, POCOCK, ULLOA.

NOES: NONE.

ABSENT: NONE.

NEW BUSINESS

8. Award of Co ntract for Project No. SW220 - Sewer Reline FY2021/22 at Various L ocations.

Award a contract to Sancon T echnologies, Inc. Huntington Beach, CA in the amount of $1,061,750.00 for Project No. SW220 - Sewer Reline FY2021/22 at Various Locations Staff Report by: Maria Fraser, CIP Engineering Manager.

Moved by Council Member Pocock, seconded by Council Member Comstock, and carried on a 5-0 roll call vote, to 1) approve a Sewer Fund (530) budget transfer of $174,121.00 from Project No. SW213 to Project No. SW220; 2) approve an increase of $1 74,121.00 to Project No. SW220 for an amen ded proj ect budget of $1,674,121. 00; 3) award a construction c ontract in the amount of $1,061,750.00 to Sancon Technologies, Inc., Huntington Beach, CA for Project No. SW220 - Sewer Reline FY2021/22 at Various Locations; 4) authorize expenditures of up to $106,175.00 for construction cont ingency, bringing the total p otential contract amount not -to-exceed $1,167,925.00; 5) approve up to $106,175.00 in construction management and $53,088.00 for inspecti on costs; and 6 ) authorize the City Manager to execute the necessary documents on behalf of the City.

AYES: COMSTOCK, FLORES, LUCIO, POCOCK, ULLOA.

NOES: NONE.

ABSENT: NONE.

MAYOR AND COUNCIL REPORTS
Mayor Ulloa
Mayor Ulloa reported on meetings and events attended sinc e the last meeting that inc luded Water Facilities Authority Technical Advisory Committee; Senior Birthday Celebration; Planning Commission interviews with Council Member Pocock; Water Facilities Authority Finance Committee; Appropriative Pool and Appropriative Pool Confidential Session.

Mayor Pro Tem Lucio
Mayor Pro Tem Luc io reported on meetings and events attended since the last meeting that included a Retirement Celebration for Chino Police Department PSO Amelia Amaro-Barron; and a tour of the Inland Empire Utilities Agency Regional Water Recycling Plant No. 5.

Council Member Comstock
Council Member Comstock reported on meetings and events attended sinc e the last meeting that included Office Hours at the Preserve and special legal counsel interview with Mayor Ulloa.

9. Community Support Contributions . Approve a community support fund contribution in the amount of $500 to Boy Scout Troop 205.

Report by: Council Member Flores.

10.2 CONSENT CALENDAR
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CHINO CITY COUNCIL
JANUARY 18, 2022 6

Moved by Mayor Pro Tem Lucio, seconded by Council Member Pocock, and carried on a 5-0 roll call vote, to approve community support fund contribution to Boy Scout Troop 205 in the amount of $500.

AYES: COMSTOCK, FLORES, LUCIO, POCOCK, ULLOA.

NOES: NONE.

ABSENT: NONE.

Council Member Flores
Council Member Flores reported on meetings and even ts attended since the last meeting that included the Economic Development Committee and Office Hours at the Preserve.

Council Member Pocock
Council Member Pocock reported on meetings and events attended since the last meeting that included Senior Birthday celebration; Planning Commission interviews with Mayor Ulloa; Retirement Celebration for Chino Police Department PSO Amelia Amaro-Barron; and Economic Development Committee.

City Manager's Report
City Manager Matt Ballantyne reported on the sta tus of the traffic circulation improvement projects in south Chino as follows:
• Traffic signal at Bickmore Avenu e and Rincon Meadows Drive was installed and operating on a timed sequence; and
• Conversations with Caltrans are ongoing regarding the restriping along Euclid Avenue; and
• Field meeting with construction tea m and staff on January 14th to discuss progress of Kimball Avenue improvements.

City Attorney's Report
City Attorney Fred Galante provided an update on the lawsuit filed by Orange County Council of Governments against California Department of Housing and Urban Development.

Police Chief's Report
Chief of Police Wes Simmons reported on the launch on the Etch and Catch program. This free program provides those who live or work in the city to visit select bus inesses to have their license plate number etched on to their catalytic co nverter in an effort to deter potential thieves.

Also, he announced that on February 2nd at 9:00 a.m. the Chino Police Department is hosting a Business Watch Seminar. Lastly, he encouraged everyone to attend the Run for Russ event.

Fire Chief's Report
Fire Deputy Chie f Carl os Skibar pro vided an up date on ambulance services provided in the Chino Valley. He stated t he Fire District appr eciates the City of Chino’s support for long t erm solutions with the ambulance transport issues. Deputy Chief Skibar reported on promotions and new hires.

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CHINO CITY COUNCIL
JANUARY 18, 2022 7

ADJOURN
The meeting adjourne d at 8:40 p.m. The next Regular Meeting of the C ity Council will be held on Tuesday, February 1, 2022 at 7:00 p.m. (Closed Session at 6:00 p.m. if necessary) in these Council Chambers.

APPROVED AND ADOPTED THIS 1ST DAY OF FEBRUARY, 2022.

EUNICE M. ULLOA, MAYOR

ATTEST:

ANGELA ROBLES, CITY CLERK

**************************************************
(These minutes are not official until signed.)

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Revenue: Expenditure: 1002000-43320

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CITY OF CHINO

ADMINISTRATION DEPARTMENT

COUNCIL MEETING DATE: FEBRUARY 1, 2022

TO: MATTHEW C. BALLANTYNE, CITY MANAGER

FROM: ANGELA ROBLES, CITY CLERK

SUBJECT: ELECTED CITY OFFICIALS’ REPORT REGARDING TRAVEL, TRAINING, AND MEETINGS.

RECOMMENDATION
Receive and file the Elected City Officials’ Report reflecting City Council business related expenses incurred by the City.

FISCAL IMPACT
Sufficient funding is available in the adopted Fiscal Year 2021-22 Operating Budget.

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COUNCIL MEETING DATE: FEBRUARY 1, 2022
SUBJECT: ELECTED CITY OFFICIALS’ REPORT REGARDING TRAVEL, TRAINING, AND

MEETINGS
PAGE 2

BACKGROUND
In accordance with Government Code Sections 53232.2 and 53232.3, implementing Assembly Bill 1234 (AB 1234), on January 1, 2006, the City adopted Resolution No. 2005-093 establishing a Business-Related Expense Policy. On December 6, 2016, the City approved Resolution No. 2016-075 adopting the latest revisions to this policy. In addition to requiring local agencies to adopt a business-related expense policy, AB 1234 requires that Elected Officials provide a brief report on meetings attended at the e xpense of the local agency at the next regular meeting of the legislative body.

ISSUES/ANALYSIS
In response to AB 1234, a report regarding Elected City Officials’ Travel, Training, and Meetings (Exhibit A) was created and is placed on the City Council Age nda Consent Calendar, as needed. The documents that pertain to the items listed on Exhibit A are available for public inspection at the City Clerk’s office located in City Hall at 13220 Central Avenue, Chino, CA.

Additionally, to provide the public with a n event forecast, Exhibit A also includes a list of future events/trainings that Members of the Council may attend.

Attachment: Exhibit A

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ELECTED CITY OFFICIALS’ REPORT REGARDING TRAVEL,

TRAINING, AND MEETINGS

FEBRUARY 1, 2022 EXHIBIT A

Event Date Meeting Purpose and Subject Matter City Official Attendees

None.

Future Conference, Meeting, and Training events Council Member(s) may attend Event Date Meeting Purpose and Subject
Matter
Location

City Officials that may
attend
2/8/2022 Mayor’s Prayer Breakfast Los Serranos
County Club
– Chino Hills,
CA
Mayor Ulloa
Council Member Comstock

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Revenue: Expenditure:

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CITY OF CHINO

ADMINISTRATION DEPARTMENT

COUNCIL MEETING DATE: FEBRUARY 1, 2022

TO: MAYOR AND CITY COUNCIL MEMBERS, CITY OF CHINO

FROM: MATTHEW C. BALLANTYNE, CITY MANAGER

SUBJECT: CITY OF CHINO LETTER IDENTIFYING FUNDING P RIORITIES TO THE COUNTY OF SAN BERNARDINO.

RECOMMENDATION
Approve a letter to The Honorable San Bernardino County Supervisor, Curt Hagman detailing a list of funding priorities and collaborative projects between San Bernardino County and the City of Chino.

FISCAL IMPACT
There is no fiscal impact associated with this action.

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COUNCIL MEETING DATE: FEBRUARY 1, 2022
SUBJECT: CITY OF CHINO LETTER IDENTIFYING FUNDING PRIORITIES TO THE

COUNTY OF SAN BERNARDINO
PAGE 2

BACKGROUND
To alleviate the devastating effects COVID-19 has had on communities, the federal government has passed legislation that presents substantial funding opportunities for s tate and local governments. When considering the more recent American Rescue Plan Act (ARPA), San Bernardino County alone was allocated $423.5 million for programming that focused on pandemic response efforts, economic recovery, and government operations.

With significant funding available, the Honorable San Bernardino County Supervisor Curt Hagman has engaged the cities he represents to identify top priorities for each community. A list of potential priority projects are presented below for Council consideration.

ISSUES/ANALYSIS
The purpose of the attached letter (Exhibit A) is to formerly detail and memorialize those projects the City Council collectively believes are most consequential to the City of Chino and will benefit the San Bernardino West End region. A list of those priorities is provided below and described in Exhibit A.

1. Complete the Kimball Avenue Airport Storm Drain project and reopen Kimball Avenue.

2. Initiate the island annexation in Northern Chino and ensure the City of Chino receives its full tax share (Roughly $17,000 to the City annually). Additionally, the City wants to make certain that sewer improvements are completed by San Bernardino County.

3. Continue to collaborate with the City of Chino Hills and identify funding opportunities for the Pine Avenue Connector project.

4. Secure a $1 per year, long-term lease for Land/Hanger at Chino Airport (close to Merrill & Euclid) for a Chino Police Substation.

5. Collectively advocate with Caltrans for the Euclid Avenue Bridge (Pine Avenue to 71 Freeway).

6. Conduct a Master Plan for Sphere of Influence that identifies best land uses (Estimated to cost between $230,000 to $250,000).

7. Secure Federal Aviation Administration’s approval of dedications around Chino Airport.

8. Acquire the Yorba Slaughterhouse (Amy’s Farm).

9. Advocate for the City of Chino pertaining to Ontario International Airport Flight patterns that lessen noise pollution.

10. Beautification around Chino Airport that includes building a 8-foot wall and landscape screening (Roughly $4,000,000 to cover the entire perimeter of Chino Airport).

11. Execute a reimbursement agreement with the County of San Bernardino for major sewer main improvements in the sphere of influence (Roughly $5,400,000).

12. Advocate with Riverside County, Orange County, and the appropriate federal agencies to design and fund the 71-freeway widening and 91 toll lane bypass to 241 project.

13. Analyze, and if feasible, executed a revenue sharing agreement for truck parking lot at Chino Airport off Merrill Avenue adjacent to the FedEx Facility.

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COUNCIL MEETING DATE: FEBRUARY 1, 2022
SUBJECT: CITY OF CHINO LETTER IDENTIFYING FUNDING PRIORITIES TO THE

COUNTY OF SAN BERNARDINO
PAGE 3

14. Expand the campground at El Prado Regional Park.

15. Offer San Bernardino County Animal Control Services to West End cities.

By identifying these funding and advocacy priorities, the City hopes to co ntinue to foster our collaboration with the County of San Bernardino while leveraging this unique and immediate funding opportunity. Therefore, to delineate the City of Chino’s funding and advocacy priorities, staff recommends that the City Council approve the attached letter.

Attachment: Exhibit A - Letter to The Honorable San Bernardino County Supervisor Curt Hagman

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February 1, 2022

The Honorable Supervisor Curt Hagman
14010 City Center Drive
Chino Hills CA 91709

Re: City of Chino Funding and Advocacy Priorities

Dear Honorable Supervisor Hagman:

Thanks to you and your colleagues for your continued leadership, especially during the pandemic. Your continued support of our communities and businesses during this critical period have greatly assisted in the region’s recovery.

We also appreciate your engagement with the cities that you represent to help identify areas where the City and County are able to partner in advocacy, programing, and/or projects to benefit the District and the City of Chino as a whole . To help further this endeavor, we ask that you consider the following priorities for the City of Chino:

• Complete the Kimball Avenue Airport Storm Drain project and reopen Kimball Avenue. • Initiate the island annexation in Northern Chino and ensure the City of Chino receives its full tax share (Roughly $17,000 to the City annually). Additiona lly, the City wants to make certain that sewer improvements are completed by San Bernardino County. • Continue to collaborate with the City of Chino Hills and identify funding opportunities for the Pine Avenue Connector project.
• Secure a $1 per year, long-term lease for Land/Hanger at Chino Airport (close to Merrill & Euclid) for a Chino Police Substation.
• Collectively advocate with Caltrans for the Euclid Avenue Bridge (Pine Avenue to 71 Freeway) • Conduct a Master Plan for Sphere of Influence that identifies best land uses (Estimated to cost between $230,000 to $250,000).
• Secure Federal Aviation Administration’s approval of dedications around Chino Airport. • Acquire the Yorba Slaughterhouse (Amy’s Farm)
• Advocate for Ontario International Airport Flight patterns that lessen noise pollution. • Beautification around Chino Airport that includes building a 8-foot wall and landscape screening (Roughly $4,000,000 to cover the entire perimeter of Chino Airport). • Execute a reimbursement agreement with the County of San Bernardino for major sewer main improvements in the sphere of influence (Roughly $5,400,000).

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• Advocate with Riverside County, Orange County, and the appropriate federal agencies to design and fund the 71-freeway and the 91-freeway widening project. • Analyze, and if feasible, executed a revenue sharing agreement for truck parking lot at Chino Airport off Merrill Avenue adjacent to the FedEx Facility. • Expand the campground at El Prado Regional Park.
• Offer San Bernardino County Animal Control Services to West End cities.

In closing, we recognize the importance of having a holistic perspective and we believe that these projects will not only meet the City of Chino’s goals, but will advance the needs of our region as well. Should you have any questions, we welcome the opportunity to further discuss. Your commitment to these priorities are greatly appreciated.

Yours in Service,

____________________ ___________________ ____________________ Eunice M. Ulloa Marc Lucio Karen C. Comstock
Mayor Mayor Pro Tem Council Member

______________________ _____________________
Christopher Flores Walt Pocock
Council Member Council Member

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County of San Bernardino Funding Priority Letter
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Revenue: 1004000-59355-R4161 Expenditure: 1004000-40010-R4161

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CITY OF CHINO

POLICE DEPARTMENT

COUNCIL MEETING DATE: FEBRUARY 1, 2022

TO: MATTHEW C. BALLANTYNE, CITY MANAGER

FROM: WES SIMMONS, CHIEF OF POLICE

SUBJECT: AGREEMENT FOR "PASS -THROUGH" PAYMENTS FOR COPLINK PROJECT MANAGEMENT SERVICES - CLETUS HYMAN.

RECOMMENDATION
1) Appropriate $35,000 from the unappropriated reserves of the General Fund as "pass- through" payments for the San Bernardino County Police Chiefs and Sheriffs Associations' s COPLINK Project Management Contract; 2) increase the General Fund revenue amount by $35,000 and 3) authorize the City Manager to execute all necessary documents on behalf of the City.

FISCAL IMPACT
Requires an appropriation of $35,000 from the unappropriated reserves of the General Fund with a corresponding increase to the General Fund revenue. The City will serve as the "pass- through" for funds from the San Bernardino County Chiefs and Sheriffs Association's 2020 Homeland Security Grant.

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COUNCIL MEETING DATE: FEBRUARY 1, 2022
SUBJECT: AGREEMENT FOR "PASS-THROUGH" PAYMENTS FOR COPLINK PROJECT

MANAGEMENT SERVICES - CLETUS HYMAN
PAGE 2

BACKGROUND
The San Bernardino County Police Chiefs and Sheriffs Association began the COPLINK project in 2009. The COPLINK system is a document based, lead generation tool that allows for the searching of data from multiple law enforcement agencies and other data sources such as warrants and court docum ents through the consolidation of data. The San Bernardino node includes all police agencies in San Bernardino County and Riverside County, along with Probation, the Courts and Jails. The San Bernardino node is connected to numerous additional nodes throughout the state of California and agencies nationwide.

Mr. Cletus Hyman has been providing project management services for the San Bernardino County Police Chiefs and Sheriffs Association's COPLINK project since its inception. The San Bernardino County COPLINK project has progressed extremely well and has been instrumental in solving a considerable number of criminal cases in Chino and throughout the region, as well as saving hundreds of investigative hours for each of the member agencies.

ISSUES/ANALYSIS
The San Bernardino County Chiefs and Sheriffs Association has received the 2020 Homeland Security Grant to implement additional capabilities and data sources for the COPLINK system.

Due to Mr. Hyman's law enforcement experiences and thorough knowledge of the COPLINK system, the San Bernardino County Police Chiefs and Sheriffs Association desires to maintain Mr. Hyman as the project manager to complete this phase of the project.

On June 7, 2016, the Council approved an Agreement for “Pass -Through” Payment for Project Management Services with Mr. Cletus Hyman. This agreement remains in place with no other changes. The San Bernardino County Chiefs and Sheriffs Association’s 2020 Homeland Security Grant authorizes $35,000 for COPLINK project implementation management consulting.

Mr. Hyman will continue to work directly for the San Bernardino County Police Chiefs and Sheriffs Association and report directly to them. By approving the continuation of the “pass - through” agreement, the City would be serving as a fiscal agent for the San Bernardino County Police Chiefs and Sheriffs Association’s Homeland Security Grant and will administer payments to Mr. Hyman. No grant administration is required. All payments made to the contractor under this agreement will b e entirely reimbursed by the San Bernardino County Police Chiefs and Sheriffs Association through the 2020 Homeland Security Grant.

Attachments: Agreement for Pass-Through Payment For Project Management Services Amendment No. 2 Agreement for Pass-through Payment
2020 Homeland Security Grant - SB County Chiefs and Sheriffs Association

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01225.0001/458787.1

AMENDMENT NO. 2
TO AGREEMENT FOR “PASS-THROUGH” PAYMENT FOR PROJECT

MANAGEMENT SERVICES
THIS AMENDMENT TO THE AGREEMENT (“Amendment”) for “pass -through” payments for project management services (“Agreement”) for the San Bernardino County Chiefs and Sheriffs Association’s (“Association”) COPLINK data sharing project (the “COPLINK Project”) by and between the City of Chino (“City”) and Cletus F. Hyman (“Consultant”), sometimes individually referred to herein as a “Party” and, together, as the “Parties”, is retroactively effective as of September 1, 2020.

RECITALS
A. City and Consultant entered into that certain Agr eement on April 1 , 201 6 (“Agreement”) whereby Consultant agreed to provide services for the COPLINK Project.

B. City and Consultant now desire to amend the Agreement to increase compensation.

TERMS

1. Contract Changes. The Agreement is amended as provided herein. (a) Section 3, Compensation; Expenses; Payment.

The total compensation payable shall be increased by Thirty-Five Thousand Dollars ($35,000) unless the performance of the Services and/or reimbursement of costs and expenses in excess of said amounts have been approved in writing, in advance of performing such Services, by City and the Sheriffs’ Association and/or the Riverside UASI, as appropriate. Compensation shall be payable upon monthly billing therefore by Consultant to City, which billing shall include an itemized statement, briefly describing the tasks billed (b) Section 7, Notices.

All notices to the City required by this Agreement shall be given in writing, by UPS or FedEx, postage prepaid, addressed as follows:

CITY: Chief Wes Simmons
5450 Guardian Way, Chino, CA 91710

2. Continuing Effect of Agreement. Except as amended by this Amendment, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement, as amended by this Amendment.

3. Affirmation of Agreement; Warranty Re Absence of Defaults. City and Consultant each ratify and reaffirm each and every one of the respective rights and obligations arising under the Agreement. Each party represents and warrants to the other that ther e have been no written or oral

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01225.0001/458787.1
modifications to the Agreement other than as provided herein. Each party represents and warrants to the other that the Agreement is currently an effective, valid, and binding obligation.

Consultant represents and warrants to City that, as of the date of this Amendment, City is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement.

City represents and warrants to Consultant that, as of the date of this Amendment, Consultant is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement.

4. Adequate Consideration. The parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment.

5. Authority. The persons executing this Amendment on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment on behalf of said party, (iii) by so executing t his Amendment, such party is formally bound to the provisions of this Amendment, and (iv) entering into this Amendment does not violate any provision of any other agreement to which said party is bound.

[SIGNATURES ON FOLLOWING PAGE]

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01225.0001/458787.1
IN WITNESS WHEREOF, the parties hereto have executed this Amendment on February 1, 2022.

CITY:

CITY OF CHINO, a municipal corporation

Matthew C. Ballantyne, City Manager
ATTEST:

Angela Robles, City Clerk
APPROVED AS TO FORM:

ALESHIRE & WYNDER, LLP
_____________________________ _____________________________ Wes Simmons, Chief of Police Fred Galante, City Attorney

CONSULTANT:

By:

Cletus F. Hyman

Address:

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

SHALL BE DULY NOTARIZED, AND AP PROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY

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

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Revenue: 3207100-59355-ST061 Expenditure:

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M E M O R A N D U M

CITY OF CHINO

PUBLIC WORKS DEPARTMENT

COUNCIL MEETING DATE: FEBRUARY 1, 2022

TO: MATTHEW C. BALLANTYNE, CITY MANAGER

FROM: AMER JAKHER, PUBLIC WORKS DIRECTOR

SUBJECT: REIMBURSEMENT AGREEMENT WITH THE CITY OF CHINO HILLS.

RECOMMENDATION
1) Approve a Reimbursement Agreement with the City of Chino Hills for the Pine Avenue Road Repair at Chino Creek Project ST061; 2) increase the revenue for project ST061 in the amount of $117,905; and 3) authorize the City Manager to execut e all necessary documents on behalf of the City.

FISCAL IMPACT
Increase the revenue for Pine Ave Connection to SR71 Project ST061 by $117,905.00 for the Pine Avenue Road Repair at Chino Creek from the City of Chino Hills.

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COUNCIL MEETING DATE: FEBRUARY 1, 2022
SUBJECT: REIMBURSEMENT AGREEMENT WITH THE CITY OF CHINO HILLS PAGE 2

BACKGROUND
On November 30, 2021, the City Council approved the emergency Pine Avenue Road Repair at Chino Creek. The segment of Pine Avenue from Fairfield Ranch Road/Pomona Rincon to El Prado Avenue does not permit for vehicular circulation to the City of Chino Hills due to damage from the 2009 rain season. Additionally, an existing 10” sewer force main owned by the City of Chino Hills at approximately 8’ -8” below the exposed streamline remained. Further scour of the streambed presented a threat to the quality of the pipe which could potentially cause a sewage spill into the creek if damaged. Authorization of the emergency repairs was necessary, not only to stabilize the sewer force main, but to complete the repairs before the bird nesting season (March 15) and by January 7, 2022 as required by the United States Army Corps of Engineers.

The City Council awarded a Construction Contract to Wright Construction Engineering Corp. in the amount of $336,660.80 for the emergency Pine Avenue Road Repair at Chino Creek. City Council also autho rized $67,332.00 for construction contingencies, for a potential agreement amount not-to-exceed $403,992.80. In addition, expenditures of up to $12,000.00 for biological monitoring and $2,618.00 for permit fees were approved. Since a portion of the improvements is within the jurisdiction of the City of Chino Hills, staff notified the Chino Hills - Public Works department of the intent in seeking the appropriate reimbursement for the repairs.

ISSUES/ANALYSIS
The City of Chino and the City of Chino Hills h ave completed preliminary discussions on the appropriate reimbursement for the repairs. It was agreed that the City of Chino Hills obligation was 25% of the actual repair costs. The proposed agreement outlines the parameters in which the City of Chino Hills is responsible to reimburse the City of Chino for actual construction costs, biological monitoring, and permit fees. The City of Chino shall seek reimbursement from the City of Chino Hills within sixty days following the date the Notice of Completion is filled and recorded with the San Bernardino County Assessor -Recorder-County Clerk’s office. The reimbursement agreement has been reviewed and approved by the City Attorney.

Therefore, staff recommends that the City Council approve a Reimbursement Agreemen t with City of Chino Hills for the Pine Avenue Road Repair FY2021/2022 at Chino Creek Project ST061.

Attachment: Reimbursement Agreement - City of Chino Hills

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01225.0006/756107.1

AGREEMENT FOR REIMBURSEMENT

BETWEEN THE CITY OF CHINO HILLS AND

CITY OF CHINO

PINE AVENUE EMERGENCY ROAD REPAIR AT CHINO CREEK

This Agreement for Reimbursement (“Agreement”) is entered into this 8th day of February, 2022 (“Effective Date”) between the City of Chino (“CHINO”) and the City of Chino Hills (“CHINO HILLS ”). For purposes of this Agreement, CHINO AND CHINO HILLS may be referred to herein individually as a “Party” and collectively as the “Parties".

RECITALS

A. CHINO and CHINO HILLS each own or control portions of a segment of Pine Avenue from Fairfield Ranch Road/Pomona Rincon to El Prado Road which is closed to the public due to storm damage during the rainy season in 2009. Further damage has occurred throughout the years, and given its existing state, this segment no longer allows vehicular circulation between CHINO AND CHINO HILLS.

B. The Parties desire to make the repairs to the segment of Pine Avenue as depicted in the plans and specifications incorporated herein by this reference and attached hereto as Exhibit A (“Improvements”).

C. CHINO estimates that the total actual construction costs (excluding certain design, project management and other costs) were $457,278.00, and CHINO approved expenditures of up to $12,000 for biological monitoring, and $2,342.00 for permit fees for the Improvements . The estimated total cost for the Improvements (excluding certain design, project management and other costs) is $471,620.00.

D. CHINO states that c onstruction of the Improvements was completed, and the Improvements were operational, on or around January 7, 2022.

E. At the time of execution of this Agreement, the Parties know of no federal or state or other grant funds available to fund the Improvements.

AGREEMENT

NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged and accepted, the Parties agree as follows:

1. CHINO’s Responsibilities.

1.1. CHINO is solely responsible for completing the Improvements and for paying all contractors and purveyors that provide materials and/or services in connection with the construction of the Improvements.

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1.2. CHINO is solely responsible for obtaining any and all required permits and for ensuring the Improvements are authorized in compliance with all applicable law, including the California Environmental Quality Act (“CEQA”). CHINO shall comply with all laws in constructing the Improvements, including requiring all successors, assigns, occupants, tenants, contractors, and subcontractors to comply with all applicable laws including paying prevailing wages for the cons truction of the Improvements in compliance with Labor Code section 1720 et seq. In the event that CHINO breaches this Section 1.2 of this Agreement or fails to pay prevailing wages as required by Labor Code section 1720 et seq. , CHINO shall be obligated t o defend, indemnify and hold harmless the City, its elected and appointed officials and officers, employees and agents, from and against all damages of whatsoever kind or nature, including without limitation fines and penalties levied by other governmental agencies, legal fees and costs, and damages arising from any civil action to the extent caused by its failure to obtain required permits or comply with applicable laws.

1.3. CHINO shall keep and maintain, or cause to be kept and maintained, financial books and records documenting the costs expended on the Improvements in accordance with the CHINO’s standard accounting practices. These financial books and records shall include reasonable supporting documentation relative to all costs incurred for the Improvements and each source of revenue used to pay for such costs.

Such records shall be maintained until the second anniversary after the Notice of Completion is filed with the County . CHINO HILLS will have, upon three business days’ written notice to CHINO, access to and the right to examine and audit the same and to make transcript s therefrom, and to inspect all documents, proceedings, and activities.

1.4. Within sixty days following the date that the Notice of Completion is filed with the County, CHINO shall provide CHINO HILLS with a full accounting of all construction contract, biological monitoring and permit costs associated with the Improvements, as evidenced by detailed invoices (“Accounting”). The source(s) of all funds used by CHINO to pay for any and all costs associated with the Improvements must be identified in the accounting.

1.5. CHINO is self-insured for the purposes of Professional Liability, General Liability, Automobile Liability and Workers ’ Compensation, with excess carrier coverage for claims over $5 million, which coverage is of at least $10 million per occurrence and workers’ compensation coverage at statutory limits.

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2. CHINO HILLS’ Responsibilities.

CHINO HILLS agrees to reimburse CHINO in an amount that is 25% of the actual construction contract, biological monitoring and permit costs (excluding design and project management and other costs), of the Improvements, up to $117,905.00, within 90 days of the submittal by CHINO to CHINO HILLS of the Accounting of Improvements costs provided in Section 1.4 above. Notwithstanding the above, CHINO HILLS’ reimbursement obligation will only apply to 25% of the actual construction contract, biological monitoring and permit costs (excluding design and project management costs) for the Improvements that CHINO HILLS is satisfied in its reasonable discretion are attributable to the Improvements after reviewing the Accounting. If there are any disputed amounts, CHINO HILLS is entitled to withhold su ch disputed amounts and agrees to meet and confer with CHINO to resolve any such disputes. Notwithstanding the above, if federal or state grant funds or other funds become available to fund the Improvements, then 25% of such funds shall offset the total Improvements costs to be reimbursed by CHINO HILLS to CHINO. In no event will the CHINO HILLS’ reimbursement obligation exceed $117,905.00.

2.1. CHINO HILLS is a member of the California JPIA, a risk pooling joint powers authority. C HINO HILLS participates in t he JPIA’s joint protection programs for the purpose of general liability, automobile liability, professional liability with coverage of at least $10 million per occurrence and workers’ compensation coverage at statutory limits.

GENERAL PROVISIONS

3. Recitals. CHINO and CHINO HILLS warrant that the above Recitals are true and correct.

4. Indemnity.

4.1. Neither CHINO HILLS, nor any officer, employee, agent, or authorized volunteer thereof, shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by CHINO, its officers, employees, agents, contractors, or subcontractors, under or in connection with any work, authority, or jurisdiction delegated to CHINO under this Agreement. It is also understood and agreed that, pursuant to Government Code Section 895.4, and to the maximum extent permitted by law, CHINO shall defend, indemnify, and hold CHINO HILLS, its elected officials, officers, agents, employees and authorized volunteers, harml ess from any claims, actions, suits or other liability imposed for injury (as defined by Government Code

10.6.a
Approve a Reimbursement Agreement with the City of
Packet Pg. 47

Section 810.8) occurring, whether actually, allegedly, or impliedly, by reason of anything done or omitted to be done by CHINO under or in connection with any work, authority or jurisdiction delegated to CHINO under this Agreement . CHINO’s obligations under this subparagraph shall survive termination or expiration of this Agreement.

4.2. Neither CHINO, nor any officer, employee, agent, or authorized volunteer thereof, shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by CHINO HILLS, its officers, employees, agents, contractors, or subcontractors, under or in connection with any work, authority, or juri sdiction delegated to CHINO HILLS under this Agreement. It is also understood and agreed that, pursuant to Government Code Section 895.4, and to the maximum extent permitted by law, CHINO HILLS shall defend, indemnify, and hold CHINO, its elected officials , officers, agents, employees and authorized volunteers, harmless from any claims, actions, suits or other liability imposed for injury (as defined by Government Code Section 810.8) occurring, whether actually, allegedly, or impliedly, by reason of anythin g done or omitted to be done by CHINO HILLS under or in connection with any work, authority or jurisdiction delegated to CHINO HILLS under this Agreement.

4.3. In the event CHINO and CHINO HILLS are found to be comparatively at fault for any claim, action, loss, or damage which results from their respective obligations under this Agreement, CHINO and CHINO HILLS shall indemnify the other to the extent of its comparative fault.

4.4. CHINO’s and CHINO HILLS’ obligations under this subparagraph shall survive termination or expiration of this Agreement.

5. Governing Law. In the event of any dispute regarding the meaning and effect of this Agreement, the laws of the State of California shall apply, and venue shall lie in the Superior Court of the County of San Bernardino, State of California.

6. Notices. Unless otherwise provided herein, all notices required to be given pursuant to this Agreement must be given in writing and delivered in person with acknowledged receipt, by overnight courier for next business day delivery with signature required, or by certified mail, return receipt requested, and sent to the intended recipient at the address set forth below:

To CHINO:

City of Chino
Attn: Public Works Department
13220 Central Avenue
Chino, CA 91710

10.6.a
Approve a Reimbursement Agreement with the City of
Packet Pg. 48

To CHINO HILLS:

City of Chino Hills
Attn: City Clerk
14000 City Center Drive
Chino Hills, CA 91709

Any notice delivered or sent as provided above will be deemed to have been properly made on the same day it is hand delivered (even if such delivery is refused), on the first business day after delivery to an overnight courier service with instructions for deliver on the next business day, or the third business day after being deposited in the U.S. Mail, certified with return receipt requested. Either party to this Agreement may change its address for notices hereunder by providing notice of such change to the other party in the manner set forth above.

7. Waiver. The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that Party’s right to subsequently enforce and compel strict compliance with other terms and provisions contained in this Agreement.

8. Severability. Should any provision of this Agreement be determined to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable.

9. No Third-Party Beneficiaries . This Agreement shall not be deemed to confer any rights upon any individual or entity which is not a party hereto, and the Parties hereto expressly disclaim any such third-party benefit.

10. Successors and Assigns . The terms, cond itions, and provisions of this Agreement shall inure to the benefit of and be binding upon the Parties and their respective successors and assigns.

11. Further Cooperation . The Parties agree to execute, acknowledge if appropriate, and deliver any and all d ocuments and cooperate in performing any and all acts in any commercially reasonable manner as may be necessary to carry out the intent of this Agreement as set forth in the Recitals and implement the terms and conditions of this Agreement.

12. Complete Agreement and Amendment. This Agreement contains the entire agreement between the Parties with respect to the subject matter hereof and supersedes and replaces any and all prior negotiations and agreements between the Parties, whether written or oral. This Agreement may be amended only by written instrument signed by both the CHINO and CHINO HILLS.

10.6.a
Approve a Reimbursement Agreement with the City of
Packet Pg. 49

13. Electronic Signatures and Counterparts. Any Party may execute this Agreement using an “electronic signature,” as that term is defined in California Civil Code Section 1633.2, or a “digital signature,” as defined by California Government Code Section 16.5. An electronic or digital signature will have full legal effect and enforceability.

This Agreement may be executed in counterparts (signatures may be by facsimile or electronic mail), each of which is hereby declared to be an original. All, however, shall constitute but one and the same Agreement.

14. Force Majeure. Upon written notice by a Party, the respective duties and obligations of the Parties will b e suspended for the time period that performance by the Party is prevented or substantially impeded by workforce strikes, riots, fire, flood, war, terrorism, governmental action, plague, epidemic, pandemic, outbreaks of infectious disease or any other publ ic health crisis, including quarantine or other employee restrictions, or acts of God.

15. Term. This Agreement shall remain in effect until the second anniversary after the Notice of Completion of the Improvements is filed with the County. CHINO’s and CHINO HILLS’ indemnification obligations set forth in paragraph 3 shall survive expiration or termination of this Agreement.

IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized representatives as of the date first above written.

CITY OF CHINO HILLS CITY OF CHINO

By: By:

Ray Marquez, Mayor Matthew C. Ballantyne, City Manager

ATTEST:

ATTEST:

By:

By:

Cheryl Balz, City Clerk Angela Robles, City Clerk

APPROVED AS TO FORM: APPROVED AS TO FORM:

By: By:

Mark D. Hensley, City Attorney Fred Galante, City Attorney

10.6.a
Approve a Reimbursement Agreement with the City of
Packet Pg. 50
Exhibit A10.6.a
Approve a Reimbursement Agreement with the City of
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Revenue: Expenditure: 3287103 - 48005 | 48007 | 48008 | 48009 - ST061

Transfer In: Transfer Out:

M E M O R A N D U M

CITY OF CHINO

PUBLIC WORKS DEPARTMENT

COUNCIL MEETING DATE: FEBRUARY 1, 2022

TO: MATTHEW C. BALLANTYNE, CITY MANAGER

FROM: AMER JAKHER, PUBLIC WORKS DIRECTOR

SUBJECT: NOTICE OF COMPLETION: PINE AVENUE ROAD REPAIR AT CHINO CREEK (ST061).

RECOMMENDATION
1) Accept the Pine Avenue Road Repair FY2021/2022 at Chino Creek Project No. ST061 as complete; 2) approve Contract Change Order No. 2 to the construction contract (#2022-205) with Wright Construction Engineering Corporation in the amount of $124,301.70 for the Pine Avenue Road Repair Project; 3) release the retention funds following the 35-day lien period; and 4) authorize the Director of Public Works to file the Notice of Completion once Contract Change Order No. 2 has been processed.

FISCAL IMPACT
Sufficient funds are included in the Fiscal Year 2021-22 Capital Improvement Program budget for Project ST061. The project was completed within the approved ST061 project budget.

10.7 CONSENT CALENDAR
Packet Pg. 52
COUNCIL MEETING DATE: FEBRUARY 1, 2022
SUBJECT: NOTICE OF COMPLETION: PINE AVENUE ROAD REPAIR AT CHINO CREEK (ST061)
PAGE 2

BACKGROUND
On November 30, 2021 the City Council awarded a construction contract to Wright Construction Engineering Corporation, San Marcos CA in the amount of $336,660.80 for the Pine Avenue Road Repair. Additionally, City Council authorized expenditures of up to $67,332.00 for construction contingencies, for a total construction contract amount not -to-exceed $403,992.80.

City Council also authorized expenditures of up to $12,000.00 for biological monitoring and $33,667.00 for construction management.

The purpose of this project was to stabilize the force sewer mainline underneath the roadway at Chino Creek as quickly as possible for the storm season. Therefore, the plans were devised from an as -built the City of Chino Hills had on file and not actual site conditions. As a result, some change orders were necessary as the project progressed. Change Order No. 1 was a request for research and field survey to verify limits of the project. Additionally, impending multi - week series of storms threatened to delay work. With environmental permits expiring on January 7, 2022, it was required to authorized round -the-clock construction work over one weekend. This of course required two crews (16 hours days) of overtime pay, per diem, and temporary night lighting. This change order also includes a change from 1 -sack slurry to more durable concrete for the backfill around the corrugated pipes and extra associated material & hardware, and field changes to provide for a wider road. Change Orders 2 balances the original contractor’s bid items’ labor, materials, and equipment with final established quantities.

All road repairs of Pine Avenue at Chino Creek have been constructed.

ISSUES/ANALYSIS
During the course of construction for Project No. ST -061, the scope of work was modified. Staff encountered various field mod ifications and unanticipated rain in which additional items were requested to complete the project. As a result of additional required work and material quantity adjustments, staff recommends approval of a change order in the amount of $124,301.70.

All work has been completed per the terms of the contract. The following is a summary of the final accounting of costs for construction:

Construction Items Amount
Original Contract Amount $336,660.80
Approved Change Orders To-Date $1,104.00
Proposed Contract Change Order No. 2 $124,301.70
Total Construction Contract Amount $462,066.50
It should be noted that of the original construction contingency expenditures approved by City Council, an amount of $66,228.00 remains available and unexpended, netting a $5 8,073.70 shortfall for Contract Change Order No. 2. It is the intention of staff to exhaust the remaining contingency balance to account for the Contract Change Order No. 2.

It should also be noted that the Pine Avenue Road Repair at Chino Creek is a segm ent of Project No. ST061 and it is staff’s intention to continue efforts on the Pine Avenue Connection to SR71.

10.7 CONSENT CALENDAR
Packet Pg. 53
COUNCIL MEETING DATE: FEBRUARY 1, 2022
SUBJECT: NOTICE OF COMPLETION: PINE AVENUE ROAD REPAIR AT CHINO CREEK (ST061)
PAGE 3

Wright Construction Engineering Corp., San Marcos CA has complied with the terms of the contract. A Notice of Completion has been prepared fo r filing with the San Bernardino County Recorder's Office. The retention funds will be released following the 35-day lien period.

Attachment: Contract Change Order No. 2 - Wright Construction Engineering Corp.

Notice of Completion - Pine Avenue Road Repairs at Chino Creek

10.7 CONSENT CALENDAR
Packet Pg. 54
DATE:

PROJECT: $336,660.80
$1,104.00
LOCATION: Pine Avenue at Chino Creek $124,301.70
$462,066.50
TO (Contractor): Wright Construction Engineering

UNIT UNIT PRICE

CHANGE IN

CONTRACT
PRICE
LS $ 64,000.00 $ 64,000.00
LF $ 308.00 $ 4,928.00
LF $ 565.25 $ 9,044.00
CY $ 341.00 $ 63,767.00
CY $ 187.00 $ (7,480.00)
CY $ 1,095.00 $ 16,425.00
SF $ 15.74 $ (8,184.80)
LF $ 91.30 $ (15,977.50)
LF $ 5.92 $ (2,220.00)
124,301.70$
1,104.00$
125,405.70$
$124,301.70
$462,066.50 including the previously authorized change orders in sum of $1,104.00 Additional concrete slurry backfill area (unforeseen) due to expanded project limits. Additional concrete slurry quantity is approximately 100 CY. Contractor commenced field work on an accelerated schedule (day and night shift) due to inclement weather conditions in order to complete the work within creek before Army Corp permit expiration. This CCO includes premium labor/equipment time for the accelerated schedule.
thereby is
is hereby applied to the contract price of $336,660.80

1.00 CCO 2.3
Additional pipe quantity on bid item 6a - Furnish 2-96” corrugated metal, galvanized, 3x1 corrugation, and gauge 8 (0.168” thk) pipes due to longer pipe required to complete pipe installation within creek. Original bid item was to furnish 56' long pipe. In order to complete the work, additional 16' of pipe was required at contract unit price.

16.00 CCO 2.4
Authorized Amount For This Contract Change Order:

TOTAL CHANGE ON THIS CONTRACT CHANGE ORDER

DESCRIPTION
The sum of

TOTAL CHANGE ON PREVIOUSLY AUTHORIZED CONTRACT CHANGE ORDERS CCO 2.1
CCO 2.2
Additional pipe quantity on bid item 6 - Furnish all labor and equipment to install 2-96” corrugated metal pipes due to longer pipe required to complete pipe installation within creek. Original bid item was to install 56' long pipe. In order to complete the work, additional 16' of pipe was required at contract unit price.

16.00 CITY OF CHINO

PUBLIC WORKS DEPARTMENT

CONTRACT CHANGE ORDER
CHANGE ORDER NO: 2r112/15/21 2022-205
Pine Avenue Road Repair FY 2021/2022

QUANTITY
Adjusted Contract Amount:

THE CONTRACT IS CHANGED AS FOLLOWS:

Previously Authorized Contract Change Orders:

ITEM
NO.

CONTRACT NO.:

Original Contract Amount:

ST-061

NET CHANGE IN CONTRACT PRICE
and the total adjusted contract price to date
This document shall become an amendment to the contract and all provisions of the contract will apply hereto. This Change Order constitutes a complete and final resolution of all claims of the contract for additional time or additional compensation related to or affected by work that is the subject of this Change Order. Quantities of items other than Lump Sum are not to exceed the amounts indicated.

The time provided for completion in the contract is increased by 0 working days. The completion date is 1/7/2021 .

Additional quantity on bid item 7 - Furnish all labor, materials, and equipment to install structural backfill (concrete slurry). Due to widened roadway from 22' wide to 28' wide, additional concrete slurry backfill was required. Additional work was completed at contract unit price. 187.00
CCO 2.5 Bid item 8 - Furnish all labor, materials, and equipment to install class 2 aggregate base was deducted from the contract to its entirety. -40.00
CCO 2.6
Additional quantity on bid item 9 - Furnish all labor, materials, and equipment to install 12” thick concrete pavement (with reinforcement, see specification). PCC roadway within creek was widened to 28' from 22'. Additional work was completed at contract unit price.

15.00 CCO 2.9 Bid item 12 - Furnish all labor, materials, and equipment to install pavement markings was deducted from the contract to its entirety. -375.00
CCO 2.7 Bid item 10 - Furnish all labor, materials, and equipment to install 0.25” AC Overlay was deducted from the contract to its entirety. -520.00
CCO 2.8
Bid item 11 - Furnish all labor, materials, and equipment to install metal beam guardrail quantity was reduced to 25' to pay for the site preparation for installation of metal beam guardrail. This work is to be completed later by others.
-175.00

EUNICE M. ULLOA KAREN C. COMSTOCK
Mayor CHRISTOPHER FLORES

WALT POCOCK
Council Members
MARC LUCIO MATTHEW C. BALLANTYNE
Mayor Pro Tem City Manager
CITY of CHINO
13220 Central Avenue, Chino, California 91710
Mailing Address: P.O. Box 667, Chino, California 91708-0667 (909) 334-3250 • (909) 334-3720 Fax
Web Site: www.cityofchino.org

10.7.a
Notice of Completion: Pine Avenue Road Repair at Chino
Packet Pg. 55
DATE: CONTRACT NO.:

ACCEPTED BY: Jason Merritt
RECOMMENDED BY: Okan Demirci, PE
APPROVED BY: Maria Fraser, PE
APPROVED BY: Amer Jakher, PE
Director of Public Works
APPROVED BY: Matthew Ballantyne
ATTEST:

DateCity Manager
NOTE: All workmanship and materials called for by this Change Order shall be fully in accordance with the original Contract Document insofar as the same may be applied without conflict to the conditions set forth by this Change Order. The time for completing the Contract will not be extended unless expressly provided for in the Change Order. This Change Order shall not be considered as such until it has been signed by authorized representatives of the Contractor and the City. Upon final approval, distribution of copies will be made as required.

CHANGE ORDER NO: 2r1
Date
2022-205
CIP Manager
Date
Date
Date
Project Engineer
Date

CITY OF CHINO

PUBLIC WORKS DEPARTMENT

CONTRACT CHANGE ORDER
Contractor
12/15/21
ST-061
City Clerk

EUNICE M. ULLOA KAREN C. COMSTOCK
Mayor CHRISTOPHER FLORES

WALT POCOCK
Council Members
MARC LUCIO MATTHEW C. BALLANTYNE
Mayor Pro Tem City Manager
CITY of CHINO
13220 Central Avenue, Chino, California 91710
Mailing Address: P.O. Box 667, Chino, California 91708-0667 (909) 334-3250 • (909) 334-3720 Fax
Web Site: www.cityofchino.org

10.7.a
Notice of Completion: Pine Avenue Road Repair at Chino
Packet Pg. 56
DATE: CONTRACT NO.:

1. Necessity for change:

2. Is proposed change an alternate bid?

3. Will proposed change alter the project scope?

4. Effect of this change on project contractors? None

5. Has consent of surety been obtained?

6. If Yes, will the policies be extended?

7. Effect on operation and maintenance costs: None.

DISTRIBUTION:

Original: Contract File/City Clerk
Copy: Project Engineer for Contractor
Management Analyst (2)
Project File
PW CO File

REQUEST AND JUSTIFICATION FOR CHANGE
2022-205
Will this change effect expiration or extent of insurance coverage? See page 1.

CITY OF CHINO

PUBLIC WORKS DEPARTMENT

CONTRACT CHANGE ORDER
CHANGE ORDER NO: 2r1
ST-061
12/15/21
No
Yes
Yes
No
No
No
No
Not Necessary
Yes
Yes
Yes
Yes

10.7.a
Notice of Completion: Pine Avenue Road Repair at Chino
Packet Pg. 57

10.7.a
Notice of Completion: Pine Avenue Road Repair at Chino
Packet Pg. 58

10.7.a
Notice of Completion: Pine Avenue Road Repair at Chino
Packet Pg. 59

RECORDING REQUESTED BY
City of Chino
Public Works Department
P.O. Box 667
Chino, CA 91708

AND WHEN RECORDED MAIL TO

City Clerk
City of Chino
P.O. Box 667
Chino, CA 91708-0667
SPACE ABOVE THIS LINE FOR RECORDER’S USE

NOTICE OF COMPLETION

CITY OF CHINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA

Notice is hereby given that:

1. The undersigned is owner of the interest or estate stated below in the property hereinafter described.

2. The full name of the undersigned is City of Chino

3. The full address of the undersigned is 13220 Central Avenue, Chino, CA 91710

4. The nature of the title of the undersigned is: In fee City Right-of-Way (If other than fee, strike “In fee” and insert, for example, “purchaser under contract of purchase” or “lessee”)

5. The full names and full addresses of all persons, if any, who hold title with the undersigned are:

Names Addresses

City of Chino 13220 Central Avenue, Chino, CA 91710

6. The names of the predecessors in interest of the undersigned, if the property was transferred subsequent to the commencement of the work of improvement herein referred to:

Names Addresses

N/A

N/A
(If no transfer made, insert “none”)

7. A work of improvement on the property hereinafter described was completed on February 1, 2022

8. The name of the contractor, if any, for such work of improvement was:

Wright Construction Engineering Corporation
(If no contractor for work of improvement as a whole, insert “none”)

9. The property on which said work of improvement was completed is in the City of Chino, County of San Bernardino, State of California, and is described as follows:

Pine Avenue Road Repair FY2021/2022 at Chino Creek Project No. ST-061

10. The street address of said property is
Pine Avenue

SIGNATURE OF OWNER NAMED IN PARAGRAPH 2: DATE: February 1, 2022 Amer Jakher, Director of Public Works

CERTIFICATION FOR NOTICE OF COMPLETION

STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )

CITY OF CHINO )

I HEREBY CERTIFY that I am the Director of Public Works for the City of Chino. I have read the foregoing Notice of Completion and know the contents thereof; and I certify that the same is true of my own knowledge.

I declare under penalty of perjury, that the foregoing is true and correct. Executed on February 1, 2022 , at City of Chino, California

Amer Jakher
Director of Public Works

10.7.b
Notice of Completion: Pine Avenue Road Repair at Chino
Packet Pg. 60

Revenue: Expenditure: 5207310-48005 | 48008 | 48009 - WA19B & WA172

Transfer In: Transfer Out:

M E M O R A N D U M

CITY OF CHINO

PUBLIC WORKS DEPARTMENT

COUNCIL MEETING DATE: FEBRUARY 1, 2022

TO: MATTHEW C. BALLANTYNE, CITY MANAGER

FROM: AMER JAKHER, PUBLIC WORKS DIRECTOR

SUBJECT: NOTICE OF COMPLETION: WA19B AND WA 172.

RECOMMENDATION
1) Accept the Water Main Replacements at Various Locations (Quadrant III, Phase 2) and Chino Avenue to Schaefer Avenue (Project No. WA19B & WA172) as complete; 2) approve Contract Change Order No. 3 to the construction contract (#2020 -164) with Big Ben I nc. in the amount of $40,086.00 for the construction of Project WA172; 3) release the retention funds following the 35-day lien period; and 4) authorize the Director of Public Works to file the Notice of Completion once Contract Change Order No. 3 has been processed.

FISCAL IMPACT
Sufficient funds are included in the Fiscal Year 2021-22 Capital Improvement Program budget for Project WA172. The projects were completed within the approved WA19B and WA172 project budgets.

10.8 CONSENT CALENDAR
Packet Pg. 61
COUNCIL MEETING DATE: FEBRUARY 1, 2022
SUBJECT: NOTICE OF COMPLETION: WA19B AND WA 172
PAGE 2

BACKGROUND
On November 5, 2019, the City Council awarded a construction contract to Big Ben Inc., Irvine, CA, in the amount of $2,394,806.00 for the Water Main Replacements at Various Locations (Quadrant III, Phase 2) and Chino Avenue to Schaefer Avenue (Project No. WA -19B & WA - 172). Addi tionally, the City Council authorized expenditures of up to $239,480.60 for project contingencies, bringing the construction contract budget to an amount not to exceed $2,634,286.60.

All water improvements have been constructed. The location of the street improvements constructed as a part of this project are listed below:

Project Segment Project No.

Marshall Avenue from Walnut Avenue to end of Cul-De-Sac to the North WA19B Cypress Avenue from Fillmore Street to end of Cul-De-Sac to the North WA19B Lime Place from Fillmore Street to end of Cul-De-Sac to the North WA19B Orange Avenue from Fillmore Street to end of Cul-De-Sac to the North WA19B Lemon Place from Fillmore Street to end of Cul-De-Sac to the North WA19B Aster Court from Tamarisk Lane to end of Cul-De-Sac to the East WA19B Williamsburg Road from Jamestown Place to Arlington Place WA19B Arlington Place from Williamsburg Road to end of Cul-De-Sac to the North WA19B Central Avenue from Chino Avenue to Schaefer Avenue WA 172

ISSUES/ANALYSIS
During the course of construction for Project No. WA172, the scope of work was modified. Staff encountered various field conditions that required modifications and unanticipated project events in which additional items were requested by staff to complete t he project. As a result of additional required work and material quantity adjustments, staff recommends approval of a change order in the amount of $40,086.00.

All work has been completed per the terms of the contract. The following is a summary of the final accounting of costs for construction:

Construction Items Amount
Original Contract Amount $2,394,806.00
Approved Change Orders To-Date $220,958.35
Proposed Contract Change Order No. 3 $40,086.00
Total Construction Contract Amount $2,655,850.35

10.8 CONSENT CALENDAR
Packet Pg. 62
COUNCIL MEETING DATE: FEBRUARY 1, 2022
SUBJECT: NOTICE OF COMPLETION: WA19B AND WA 172
PAGE 3

It should be noted that of the original construction contingency expenditures approved by City Council, an amount of $18,522.15 remains available and unexpended. It is staff's intent to make use of remaining contingency balance and apply towards Contract Change Order No. 3.

It should also be noted that Big Ben Engineering Inc. submitted a fourth Contract Change Order request, which was denied and addressed via a response letter.

Big Ben Inc., Irvine, CA, has complied with the terms of the contract. A Notice of Completion has been prepared for filing with the San Bernardino County Recorder’s Office. The retention funds will be released following the 35-day lien period.

Attachment: Contract Change Order No. 3 - Big Ben Engineering, Inc.

Notice of Completion - Project WA-19B & WA-172

10.8 CONSENT CALENDAR
Packet Pg. 63
EUNICE M. ULLOA KAREN C. COMSTOCK
Mayor CHRISTOPHER FLORES

WALT POCOCK
Council Members
MARC LUCIO MATTHEW C. BALLANTYNE
Mayor Pro Tem City Manager
CITY of CHINO
13220 Central Avenue, Chino, California 91710
Mailing Address: P.O. Box 667, Chino, California 91708-0667 (909) 334-3250 • (909) 334-3720 Fax
Web Site: www.cityofchino.org
DATE:

PROJECT: 2,394,806.00$
Central Avenue Water Line Replacement from Chino Avenue to Schaefer Avenue (WA 172) CCO No. 1: (57,806.67)$ CCO No. 2: 278,765.02$
LOCATION:

TO (Contractor):

UNIT

DECREASE
IN

CONTRACT

INCREASE IN

CONTRACT
PRICE
LS - $ 40,086.00
-$ 40,086.00$
40,086.00$
The sum of 40,086.00$ is hereby added to the contract price of and the total adjusted contract price to date is $2,655,850.35
1 $ 40,086.00
thereby
Central Avenue
Big Ben Engineering
1 THE CONTRACT IS CHANGED AS FOLLOWS:

Material quantity adjustments for Bid Item No. 8: Reestablish Survey Monuments, Bid Item No. 9: Furnish and Install 18" AWWA C-905 DR 18, Bid Item No. 28: Remove Existing Fire Hydrant and Deliver to the City Yard, Bid Item No. 33: Furnish and Install New Fire Service In Kind with New Gate Valve (Size per Plan), Bid Item No. 38: Furnish and Install 2" Combination Air Valve per Std 435A, and Bid Item No. 40:

Furnish and Install 8" Gate Valve.

QUANTITY
This document shall become an amendment to the contract and all provisions of the contract will apply hereto. This Change Order constitutes a complete and final resolution of all claims of the contract for additional time or additional compensation related to or affected by work that is the subject of this Change Order. Quantities of items other than Lump Sum are not to exceed the amounts indicated.

CITY OF CHINO

PUBLIC WORKS DEPARTMENT

CONTRACT CHANGE ORDER
ITEM
NO. DESCRIPTION
CONTRACT NO.: CHANGE ORDER NO : 312.29.2021
Water Main Replacements at Various Locations - Quadrant III, Phase 2 (WA 19B) & 2020-164

UNIT PRICE
Original Contract Amount:

TOTAL CHANGE

NET INCREASE IN CONTRACT PRICE
The time provided for completion in the contract is extended by 0 days. $2,615,764.35

10.8.a
Notice of Completion: WA 19B and WA 172
Packet Pg. 64
EUNICE M. ULLOA KAREN C. COMSTOCK
Mayor CHRISTOPHER FLORES

WALT POCOCK
Council Members
MARC LUCIO MATTHEW C. BALLANTYNE
Mayor Pro Tem City Manager
CITY of CHINO
13220 Central Avenue, Chino, California 91710
Mailing Address: P.O. Box 667, Chino, California 91708-0667 (909) 334-3250 • (909) 334-3720 Fax
Web Site: www.cityofchino.org
ACCEPTED BY:

RECOMMENDED BY:

APPROVED BY: (Maria Fraser)
APPROVED BY: (Amer Jakher)
APPROVED BY: (Matthew C. Ballantyne)
ATTEST: (Angela Robles)
Contractor
City Clerk
Project Engineer
Date
DateDirector of Public Works
Date
Date
CIP Engineering Manager
City Manager
Date
Date

///
01/11/2022

10.8.a
Notice of Completion: WA 19B and WA 172
Packet Pg. 65
DATE: CONTRACT NO.:

1. Necessity for change:

2. Is proposed change an alternate bid?

3. Will proposed change alter the project scope?

4. Effect of this change on project contractors? None

5. Has consent of surety been obtained?

6. If Yes, will the policies be extended?

7. Effect on operation and maintenance costs: None.

DISTRIBUTION:

Original: Contract File/City Clerk
Copy: Project Engineer for Contractor
Management Analyst (2)
Project File
PW CO File
Will this change effect expiration or extent of insurance coverage? This change reflects additional field modifications required by unanticipated material quantity adjustments and deductive items for credits earned during project construction. It should be noted this change order is specific to the WA172 Project segment, which is hereby being increased from $1,749,579.02 to $1,789,665.02.

12.29.2021 CHANGE ORDER NO : 3
NOTE: All workmanship and materials called for by this Change Order shall be fully in accordance with the original Contract Document insofar as the same may be applied without conflict to the conditions set forth by this Change Order. The time for completing the Contract will not be extended unless expressly provided for in the Change Order. This Change Order shall not be considered as such until it has been signed by authorized representatives of the Contractor and the City. Upon final approval, distribution of copies will be made as required.

REQUEST AND JUSTIFICATION FOR CHANGE
2020-164
No
Yes
Yes
No
No
No
No
Not Necessary
Yes
Yes
Yes
Yes

10.8.a
Notice of Completion: WA 19B and WA 172
Packet Pg. 66
DATE: 12/1/2021
TO
Project Name: Central Ave. Water Main Replacement
Project No: WA-172
Owner: CITY OF CHINO
Description:

REG OT DT HOURLY RATE TOTAL
-$

QTY HOURS HOURLY RATE TOTAL
-$

UNIT QTY UNIT COST TOTAL
LS 1 (2,000.00)$ (2,000.00)$
LF 118 202.00$ 23,836.00$ `
EA 5 (850.00)$ (4,250.00)$
EA 1 9,500.00$ 9,500.00$
EA 1 7,000.00$ 7,000.00$ `
EA 2 3,000.00$ 6,000.00$
-$
-$
40,086.00$

QTY UNIT COST TOTAL
-$
40,086.00$

TYPE AMOUNT
LABOR 20% 40,086.00$
EQUIPMENT 15%
MATERIAL 15% 40,086.00$
SUB 15%
Bid Item No. 38: Furnish and Install 2" Combination Air Valve per Std 435A Bid Item No. 40: Furnish and Install 8" Gate Valve

TOTAL COST OF LABOR
Bid Item No.9: Furnish and Install 18" AWWA C-905 DR 18 Bid Item No. 28: Remove Existing Fire Hydrant and Deliver to the City Yard

CHANGE ORDER REPORT

DESCRIPTION
Credit for Bid Items No.8 and No.28. Cost of additional quantities needed to complete the project in Bid Items No.9, No.33, No.38, and No.40.

LABOR
PCO NO.:

T&M DATE:

LABOR + EQUIP + MATERIAL + SUB TOTAL

MARK-UP TOTAL

MARK-UP

EQUIPMENT

MATERIAL

TOTAL COST OF EQUIPMENT

DESCRIPTION

TOTAL COST OF MATERIALS
Bid Item No. 33: Furnish and Install New Fire Service In Kind with New Gate Valve (Size per Plan)
TAX @ 7.75

DESCRIPTION (TAX INCLUDED)
Bid Item No.8: Reestablish Survey Monuments

TOTAL THIS REPORT
PLUS 1% BONDING

SUBCONTRACTOR

SUBCONTRACTOR

TOTAL COST OF SUBCONTRACTOR
TOTAL
1 10.8.a
Notice of Completion: WA 19B and WA 172
Packet Pg. 67

RECORDING REQUESTED BY
City of Chino
Public Works Department
P.O. Box 667
Chino, CA 91708

AND WHEN RECORDED MAIL TO

City Clerk
City of Chino
P.O. Box 667
Chino, CA 91708-0667
SPACE ABOVE THIS LINE FOR RECORDER’S USE

NOTICE OF COMPLETION

CITY OF CHINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA

Notice is hereby given that:

1. The undersigned is owner of the interest or estate stated below in the property hereinafter described.

2. The full name of the undersigned is City of Chino

3. The full address of the undersigned is 13220 Central Avenue, Chino, CA 91710

4. The nature of the title of the undersigned is: In fee City Right-of-Way (If other than fee, strike “In fee” and insert, for example, “purchaser under contract of purchase” or “lessee”)

5. The full names and full addresses of all persons, if any, who hold title with the undersigned are:

Names Addresses

City of Chino 13220 Central Avenue, Chino, CA 91710

6. The names of the predecessors in interest of the undersigned, if the property was transferred subsequent to the commencement of the work of improvement herein referred to:

Names Addresses

N/A

N/A
(If no transfer made, insert “none”)

7. A work of improvement on the property hereinafter described was completed on February 1, 2022

8. The name of the contractor, if any, for such work of improvement was:

Big Ben Engineering, Inc.
(If no contractor for work of improvement as a whole, insert “none”)

9. The property on which said work of improvement was completed is in the City of Chino, County of San Bernardino, State of California, and is described as follows:

Water Main Replacements at Various Locations (Quadrant III, Phase 2) & Chino Avenue to Schaefer Avenue (Project No. WA-19B & WA-172)

10. The street address of said property is
Marshall Avenue, Cypress Avenue, Lime Place, Orange Avenue, Lemon Place, Aster Court, Williamsbu rg Road, Arlington Place, and Central Avenue

SIGNATURE OF OWNER NAMED IN PARAGRAPH 2: DATE: February 1, 2022 Amer Jakher, Director of Public Works

CERTIFICATION FOR NOTICE OF COMPLETION

STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )

CITY OF CHINO )

I HEREBY CERTIFY that I am the Director of Public Works for the City of Chino. I have read the foregoing Notice of Completion and know the contents thereof; and I certify that the same is true of my own knowledge.

I declare under penalty of perjury, that the foregoing is true and correct. Executed on February 1, 2022 , at City of Chino, California

Amer Jakher
Director of Public Works

10.8.b
Notice of Completion: WA 19B and WA 172
Packet Pg. 68

Revenue: 1003041-59500-G4066 Expenditure: 6405020-41060/1003041-G4066

Transfer In: 6401000-50000/Various Funds Transfer Out:100-28106

M E M O R A N D U M

CITY OF CHINO

ADMINISTRATION DEPARTMENT

COUNCIL MEETING DATE: FEBRUARY 1, 2022

TO: MAYOR AND CITY COUNCIL MEMBERS, CITY OF CHINO

FROM: MATTHEW C. BALLANTYNE, CITY MANAGER

SUBJECT: EXPENDITURE PLAN FOR AMERICAN RESCUE PLAN ACT OF 2021 (ARPA)

CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUND (CLFRF) ALLOCATION TO THE CITY OF CHINO.

RECOMMENDATION
1) Adopt Resolution No. 2022-009, approving the City of Chino American Rescue Plan Act of 2021 (ARPA) Expenditure Plan; 2) approve the acceptance and appropriation into the General Fund project G4066 the $14,987,541 grant funding; 3) transfer up to $1,750,000 from Fund 100 to Fund 640 to provide Premium Pay for eligible City employees; 4) transfer from Fund 100 up to $3,083,848 to the various funds for the re-hiring of local government staff; 5) transfer from Fund 100 to Fund 640 $153,693 for Unemployment Insurance Benefits; and 6) authorize the City Manager and his designee(s) to take the appropriate and necessary actions to carry out the proposed plan.

FISCAL IMPACT
Requires an appropriation of $14,987,541 to G4066 expenditures accounts. Transfers from the General Fund 100 of up to $4,987,541 to the various funds stated in the recommendation. The City of Chino received the first allocation of $7,489,270.50 in Fiscal Year 2020-21 and has included in the Fiscal Year 2021-22 Budget the second allocation of ARPA funds of $7,489,270.50. The use of these funds as identified in this staff report are therefore fully off-set by the total amount of ARPA funds anticipated to be received.

11.9 NEW BUSINESS
Packet Pg. 69
COUNCIL MEETING DATE: FEBRUARY 1, 2022
SUBJECT: EXPENDITURE PLAN FOR AMERICAN RESCUE PLAN ACT OF 2021 (ARPA)

CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUND (CLFRF) ALLOCATION TO

THE CITY OF CHINO
PAGE 2

BACKGROUND
The American Rescue Plan Act (ARPA) of 2021 is a $1.9 trillion economic stimulus bill that was signed into law by President Biden on March 11, 2021. Within ARPA, the Coronavirus State and Local Fiscal Recovery Fund (SLFRF) provides $350 billion for states, municipalities, counties, tribes, and territories, including $130 billion for local governments split between municipalities and counties to respond to the COVID-19 public health emergency or its negative economic impacts.

On May 10, 2021 the U.S. Department of Treasury (Treasury) issued an Interim Final Rule (IFR), effective May 17, 2021, to implement and provide guidance on the SLFRF. The IRF includes a non-exhaustive list of eligible, encouraged, and prohibited expenditures.

There are four categories of eligible uses of SLFRF funds that allow local governments to:

1. Replace lost public sector revenue, using this funding to provide government services up to the amount of revenue lost due to the pandemic;

2. Respond to the far-reaching public health and negative economic impacts of the pandemic, by supporting the health of communities, and helping households, small businesses, impacted industries, nonprofits, and the public sector recover from economic impacts;

3. Provide premium pay for essential workers, offering additional support to those who have and will bear the greatest health risks because of their service in critical sectors; and,

4. Invest in water, sewer, and broadband infrastructure, making necessary investments to improve access to clean drinking water, to support vital wastewater and stormwater infrastructure, and to expand affordable access to broadband internet.

Two categories of ineligible uses are specified:

1. Depositing funds into any pension fund; and,

2. Directly or indirectly offsetting a reduction in the net tax revenue of the State or territory resulting from a change in law, regulation, or administrative interpretation.

Treasury sought comments on the IRF thru July 16, 2021, with final guidance initially expected in early fall. On January 6, 2022, Treasury adopted a Final Rule implementing the SLFRF. The Final Rule provides additional clarification and flexibility in response to comments received on the IFR, including:

1. Broadening the uses available to respond to the pandemic’s public health and economic impacts on households, small businesses, and others, including capital expenditures;

2. Greatly simplifying the revenue loss calculation for many recipients by providing a $10 million revenue loss standard allowance;

3. Providing greater flexibility in eligible broadband, water, and sewer investments; and,

4. Streamlining options to provide premium pay by broadening the share of eligible workers who can receive premium pay.

11.9 NEW BUSINESS
Packet Pg. 70
COUNCIL MEETING DATE: FEBRUARY 1, 2022
SUBJECT: EXPENDITURE PLAN FOR AMERICAN RESCUE PLAN ACT OF 2021 (ARPA)

CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUND (CLFRF) ALLOCATION TO

THE CITY OF CHINO
PAGE 3

The final SLFRF guidelines thus provide substantial flexibility for each jurisdiction to meet local needs within the four eligible use categories.

Local governments will receive funds in two payments, with 50% provided beginning in May 2021 and the balance delivered approximately 12 months later. The City of Chino will receive CSLFRF in two installments for a total amount of $14,978,541. The first allocation in the amount of $7,489,270.50 has been received. The second half, in the amount of $7,489,270.50, is to be received in June 2022.

ISSUES/ANALYSIS
The Coronavirus pandemic has significantly impacted City of Chino residents, businesses, staff, and operations. City revenue losses have been substantial and unanticipated expenditures have been necessary to respond to the pandemic, putting additional pressures on City finances.

The allocation of ARPA funds to the City of Chino will alleviate some of these negative impacts.

The proposed spending plan for the City’s $14,978,541 allocation aligns with the City’ s strategic priorities of enhancing the City's Financial Stability by using the funds to backfill revenue losses that support City public services; rewarding Superior Customer Service particularly during a time of great need in our community; and by suppor ting and rewarding Exemplary Leadership as demonstrated by staff that displayed commitment to our residents and their jobs despite the increased risk during the pandemic.

Based on the US Treasury Department's Final Rule guidelines described above, the foll owing City of Chino ARPA Expenditure Plan is provided for the City Council's consideration:

Revenue Loss - $10,000,000
ARPA funding is provided to replace public sector revenue loss as a result of the pandemic.

Guidelines allow the use of funds to provide government services to the extent of the reduction in revenue experienced using one of two Treasury approaches, using either a new $10 million revenue loss allowance or through an updated calculation of actual revenue loss.

Given the greater flexibility an d simplified reporting requirements of the former, staff recommends that the City proceed to use the standard allocation option to provide government services generally included in any service traditionally provided by the City, unless stated otherwise by Treasury guidelines.

Premium Pay - $1,750,000
One of the identified categories of spending for ARPA funding is premium pay for essential workers, defined as those working in critical infrastructure areas. In the case of local government, since all employees are considered disaster service workers, and are thus essential workers, premium pay would be an eligible expense for City employees that meet the ARPA guidelines.

Importantly, Chino City employees were providing some or all services in person much sooner than other surrounding or nearby jurisdictions, opening its doors to provide support to the public significantly ahead of most other cities in the larger region.

Staff recommends that City of Chino Employees of record as of the date of adoption of Resolution No. 2022-009 be eligible to receive Employee Premium Pay; Employee Premium Pay be one-time; Non-safety employees be provided up to $4,000 in Employee Premium Pay; and Safety employees be provided $6,000 in Employee Premium Pay.

11.9 NEW BUSINESS
Packet Pg. 71
COUNCIL MEETING DATE: FEBRUARY 1, 2022
SUBJECT: EXPENDITURE PLAN FOR AMERICAN RESCUE PLAN ACT OF 2021 (ARPA)

CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUND (CLFRF) ALLOCATION TO

THE CITY OF CHINO
PAGE 4

Rehiring of Staff - $3,083,848
The Final Rule authorizes the re-hiring of local government staff, either at or above pre- pandemic levels. Additionally, the Final Rule provides funding for these re-hired positions over multiple future years. Therefore, staff is proposing that $3,083,848 of ARPA funds be utilized to provide multiple year funding of re-hired staff.

As a result of the COVID pandemic, the City froze all hiring for non-safety positions. At the time of the hiring freeze, there were thirteen full-time position that were not recruited and filled for the duration of the 2020-21 fiscal year. The annual cost of these full-time positions was $1.2 million, including salary and benefits. Additionally, there were part-time employees that were furloughed, with many no longer available to return to work, requiring additional recruitment and rehiring for part-time positions. The total annual cost to rehire both full and part-time positions to pre-pandemic levels is estimated to be approximately $2 million per year.

Unemployment Insurance Premiums - $153,693
Under the final rule, a city may use funds to make deposits into its account of the Unemployment Trust Fund established under section 904 of the Social Security Act up to the level needed to restore the pre-pandemic balance of such account as of January 27, 2020 or to pay back advances received under Title XII of the Social Security Act for the payment of benefits between January 27, 2020 and May 17, 2021. These costs support the solvency of the unemployment insurance system and, ultimately, unemployment insurance benefits provided to unemployed workers during the pandemic.

The City received substantial increases in its unemployment insurance premiums from the State of California because of furloughs of City employees. The City is electing to utilize $153,693 of ARPA funds to off-set this increased cost in order to help keep the Unemployment Trust Fund solvent.

Proposed ARPA Spending Plan Summary
Revenue Loss $ 10,000,000
Employee Premium Pay $ 1,750,000
Rehiring of Staff $ 3,083,848
Unemployment Insurance Premiums $ 153,693
$ 14,987,541

Staff recommends the City Council adopt Resolution No. 2022 -009, approving the City of Chino American Rescue Plan Act of 2021 (ARPA) Expenditure Plan, approve applicable ame ndments to the City's Fiscal Year 2021-22 Budget, and authorize the City Manager and his designee(s) to take the appropriate and necessary actions to carry out the proposed plan.

Attachment: Resolution No. 2022-009

11.9 NEW BUSINESS
Packet Pg. 72
RESOLUTION NO. 2022-011

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHINO,

CALIFORNIA, APPROVING A BUDGET AMENDMENT TO ACCEPT AMERICAN

RESCUE PLAN ACT FISCAL RECOVERY FUNDS AND ESTABLISH THE CITY OF CHINO AMERICAN RESCUE PLAN ACT EXPENDITURE PLAN.

WHEREAS, on March 1, 2021, the American Rescue Plan Act (ARPA) was signed into law by the President. Section 9901 of ARPA amended Title VI of the Social Security Act to add section 602, which established the Coronavirus State Fiscal Reco ver Fund, and section 603, which established the Coronavirus Local Fiscal Recover y Fund (together, the Fiscal Recovery Funds); and

WHEREAS, Section 602 (c)(l) and 603 (c)(l) provide that funds may be used:

1. To respond to the public health emergency or its negative economic impacts, including assistance to households, small businesses, and nonprofits, or aid to impacted industries such as tourism, travel, and hospitality;

2. To respond to workers performing essential work during the COVID -19 public health emergency by providing premium pay to eligible workers;

3. For the provision of government services to the extent of the reduction in revenue due to the COVID-19 public health emergency relative to revenues collected in the most recent full fiscal year prior to the emergency; and

4. To make necessary investments in water, sewer, or broadband infrastructure; and

WHEREAS, the City of Chino has been notified that it will receive ARPA funding in the amount of $14,987,541, payable in two tranches; and

WHEREAS, the City of Chino is in receipt of the first tranche in the amount of $7,849,270.50; and

WHEREAS, the City of Chino suffered significant revenue losses as result of the COVID- 19 public health emergency; and

WHEREAS, as a result of the COVID-19 pandemic, the City froze all hiring for non-safety positions and furloughed many employees as programs for which they were employed were closed down; and

WHEREAS, the City of Chino paid for the unemployment insurance of those furloughed employees; and

WHEREAS, the City of Chino incurred expenses to rehire employees to provide City services and reinstate City programs; and

WHEREAS, the City of Chino recognizes the essential services provided by City employees to the Chino community through the pandemic while many entities closed their doors to the public; and

11.9.a
City of Chino American Rescue Plan Act of 2021 (ARPA)
Packet Pg. 73
Resolution No. 2022-011

WHEREAS, the City Staff has presented a proposal for expenditure of ARPA funding.

NOW, THEREFORE BE IT RESOLVED, that expenditures be approved as allocated and appropriated through the American Rescue Plan Act funding under Title VI of the Social Security Act in a total amount up to $14,987,541 as follows:

Revenue Loss $10,000,000
Employee Premium Pay $ 1,750,000
Rehiring of Staff $ 3,083,848
Unemployment Insurance Premiums $ 153,693
$ 14,987,541

BE IT FURTHER RESOLVED, the Chino City Council hereby specifies the above referenced Employee Premium Pay expenditures be provided as follows:

1. Only City of Chino employees of record as of the date of adoption of this resolution are eligible to receive Employee Premium Pay.

2. Employee Premium Pay is one-time.

3. Non-safety employees will be provided up to $4,000 in Employee Premium Pay.

4. Safety employees will be provided $6,000 in Employee Premium Pay.

BE IT FURTHER RESOLVED, the Chino City Council hereby grants approval for appropriation and allocation of the above referenced ARPA expenditures in total.

BE IT FURTHER RESOLVED, that should adjustments be required as calculation of expenditure amounts for each category listed above is ongoing, the Chino City Council reserves the right to amend the ARPA Expenditure Plan as presented. Such amendment, if any, shall be in accordance with eligible usage funding guidelines and within the expenditure categories as specified above.

NOW, THEREFORE, the City Council of the City of Chino, California, does hereby FIND, DETERMINE, and RESOLVE as follows:

1. The foregoing recitals are true and correct and incorporated herein.

2. A budget amendment to accept the ARPA funds of $14,978,541 and to expend as listed above is hereby approved.

3. The City Manager shall be granted the authority to execute all necessary documents on behalf of the City.

11.9.a
City of Chino American Rescue Plan Act of 2021 (ARPA)
Packet Pg. 74
Resolution No. 2022-011

PASSED, APPROVED, and ADOPTED THIS 2nd day of February 2022.

EUNICE M. ULLOA, MAYOR

ATTEST:

_______________________________

ANGELA ROBLES, CITY CLERK

State of California )
County of San Bernardino ) ss
City of Chino )

I, Angela Robles, City Clerk of the City of Chino, do hereby certify that the foregoing Resolution was fully adopted by the City Council at a regular meeting held on the 18th day of January 2022, by the following votes:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

_______________________________

ANGELA ROBLES, CITY CLERK

11.9.a
City of Chino American Rescue Plan Act of 2021 (ARPA)
Packet Pg. 75

Revenue: Expenditure: 65083101-48005-PK221

Transfer In: Transfer Out:

M E M O R A N D U M

CITY OF CHINO

COMMUNITY SERVICES DEPARTMENT

COUNCIL MEETING DATE: FEBRUARY 1, 2022

TO: MATTHEW C. BALLANTYNE, CITY MANAGER

FROM: LINDA REICH, DIRECTOR OF COMMUNITY SERVICES

SUBJECT: CHANGE ORDER AND APPROPRIATION - AYALA PARK IMPROVEMENTS -

NORTH PARKING LOT, PICNIC PAVILION, AND ACCESSIBILITY PROJECT (PK221).

RECOMMENDATION
1) Approve a change order in the amount of $169,078.99 to Klassic Engineering and Construction Inc., Orange, CA for the Ayala Park Improvements -North Parking Lot, Picnic Pavilion, and Accessibility Project PK221; 2) appropriate $88,986.84 from the unappropriated reserves from the Park Fund and increase the project budget to $1,683,086.84 3) approve a 10% contingency in the amount of $16,907.90; 4) auth orize a vendor cap increase of $185,986.89 to equal a total not -to-exceed amount of $1,557,005.86 and 5) authorize the City Manager to execute all documents on behalf of the City.

FISCAL IMPACT
Requires an additional appropriation of $88,986.84 from the unappropriated reserves of the Park Fund 340 for project PK221. There is sufficient fund balance for this appropriation.

11.10 NEW BUSINESS
Packet Pg. 76
COUNCIL MEETING DATE: FEBRUARY 1, 2022
SUBJECT: CHANGE ORDER AND APPROPRIATION- AYALA PARK IMPROVEMENTS - NORTH PARKING LOT, PICNIC PAVILION, AND ACCESSIBILITY PROJECT (PK221) PAGE 2

BACKGROUND
On October 5, 2021, City Council approved the Ayala Park Improvements project for the renovation of the north parking lot , including replacement of the picnic shelter and ADA improvements. During the course of construction, two significant rainstorms occurred back -to- back dropping close to seven (7) inches of rain. In preparation of the rain, the Contractor covered the subgrade with miscellaneous base to help protect the work completed to date. Due to the amount of rainfall, the existing subgrade became oversaturated, destabilizing the rough grade, and preventing the 95 percent compaction required for final grade. As a resu lt, staff met with the contractor and the City’s geotechnical firm (Converse Consultants) onsite to discuss solutions to address the existing conditions.

Several moisture tests were conducted in various areas of the parking lot. Based on the inspection and tests conducted, Converse Consultants recommended the oversaturated soil be removed and replaced with 1” -2” rock as a bottom layer and then backfill with base to meet compaction requirements within the 67,910 square foot parking lot. Due to the sheer s ize, the parking lot was divided into four (4) quadrants to mitigate costs. The contractor submitted Change Order No. 3, which was approved to perform the work on the southwest quadrant first as a test location, which was the most saturated area of the pa rking lot. Once complete, it was determined the course of corrective action was successful and Klassic Contsruction submitted Change Order No. 4 to complete the remaining three quadrants of the parking lot, which will include the excavation and removal of 18 inches of moist soil from the existing subgrade and replaced with 1”-2” crushed rock and aggregate base to meet the required compaction rate.

ISSUES/ANALYSIS
The original approved contract amount was $1,254,206 with authorization to spend up to $125,420 for project contingencies. Staff received change order No. 4 for the subgrade stabilization work from Klassic Engineering and Construction, Inc., Orange, CA in the amount of $169,078.99. The approved construction contingency had a remaining balance of $8,607.03, therefore, staff is requesting authorization to spend an additional $160,471.96 for the unanticipated work included in Change Order No. 4. In addition, staff is requesting authorization to spend up to ten percent of project contingencies in the amount of $16,047 for any additional unanticipated work through the completion of the project, bringing the total construction cost to $1,540,097.96. Due to the amount of unanticipated work required for this project, the total budget amount has been exce eded. Staff is also requesting an additional appropriation of $88,986.84 from the unappropriated reserves of the Park Fund to offset the project costs, bringing the total budget for this project to $1,683,086.84.

The following is a summary of the current accounting costs for the project:

Contract Amount
Original Contract Amount $1,254,206.00
Approved Change Order No. 1 $ 3,837.14
Approved Change Order No. 2 $ 17,986.04
Approved Change Order No. 3 $ 94,989.79
Proposed Contract Change Order No. 4 $ 169,078.99

11.10 NEW BUSINESS
Packet Pg. 77
COUNCIL MEETING DATE: FEBRUARY 1, 2022
SUBJECT: CHANGE ORDER AND APPROPRIATION- AYALA PARK IMPROVEMENTS - NORTH PARKING LOT, PICNIC PAVILION, AND ACCESSIBILITY PROJECT (PK221) PAGE 3

Revised Contract Total $ 1,540,097.96

Attachments: Klassic Engineering and Construction, Inc. - Change Order

11.10 NEW BUSINESS
Packet Pg. 78


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11.10.a
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PROJECT. COR   7
DATE. PCO
RFI
Labor
Man Power
Engineer Operator
Total sum

MATERIAL
Recycled Class 2 Base
Fuel & Greasing of
Machinery
1" to 2" rock
Trucking for Haul Off
Total sum
Loader
Skip Loader
Skid Steer
Compaction Roller
Compaction Roller
Total sum
2 trucks for 3 days @ $1,200/truck per
day $7,200.00
6,024 tons @ $10.50/ton $63,252.00
KLASSIC ENGINEERING AND CONSTRUCTION INC.

Ayala Park
1/26/2022
The work includes:

The work includes removal and haul off of the saturated soil from the Northwest, Northeast, and Southeast
quadrants. Placement of 1‐2" rock and then 1' lifts of
Recycled Class 2 Base as necessary.

CHANGE ORDER BREAK DOWN
120 $66.60 $ 7,992.00
$39,492.00
$2,800.00
725 tons @ $23.89/ton $17,320.25
400 $78.75 $ 31,500.00
Sheepsfoot for 1"-2" rock
$90,572.25

EQUIPMENT
4 weeks @ $1,250/week $5,000.00
4 weeks @ $875/week
Smooth Roller for Recycled Class 2
Base
$3,500.00
14 days @ $250/day $3,500.00
$3,051.00
$3,051.00
$18,102.00

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Labor 5,923.80$
Materials 10,599.59$
Equipment 2,715.30$
Sub‐Contractor -$
TOTAL
Total overhead  $19,238.69
$90,572.25
Project Manager & Administrative Costs
$18,102.00
$148,166.25
Grand Total $169,078.99
TOTAL SUM $167,404.94
Bond Amount $1,674.05
$39,492.00

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Change Order - Ayala Park Improvements
Packet Pg. 81
Converse Consultants
Geotechnical Engineering, Environmental & Groundwater Science, Inspection & Testing Services 2021 Rancho Drive, Suite 1, Redlands, California 92373
Telephone: (909) 796-0544 ♦ Facsimile: (909) 796-7675 ♦ www.converseconsultants.com January 11, 2022
Revised January 19, 2022
Mr. Doug Grove, RLA, ASLA, LEED AP
President
RHA Landscape Architects-Planners, Inc.
6800 Indiana Avenue, Suite 245
Riverside, California 92506
Subject: PARKING LOT SUBGRADE STABILIZATION RECOMMENDATION Ruben Ayala Park
14225 Central Avenue
City of Chino, San Bernardino County, California
Converse Project No. 20-81-134-30/40
Dear Mr. Grove:

We have prepared this letter to provide recommendations for the parking lot subgrade stabilization at the Ruben Ayala Park. Our services were provided in accordance with the email request from the City of Chino dated January 7, 2022.

PROJECT DESCRIPTION
The site consists of approximately 67,910 square feet of improvements within the Ruben Ayala Park’s north parking lot. The work is being done due to the age of the parking lot and accessibility improvements.

FIELD OBSERVATIONS
On January 7, 2022, at your request, we scheduled a technician to test the compaction of the subgrade soil at the parking lot bottom. Contractor Klassic Engineering and Construction Inc. (KEC) had excavated to the parking lot bottom prior to Con verse Consultant’s (Converse) arrival. The technician tested for moisture at appr oximately 3-5 feet from existing grade with a nuclear g auge using ASTM testing method D 6938. Six moisture content tests were taken with moisture content varying between 15% and 25%. The Converse technician observed pumping conditions on both the north and south sides of the parking lot. The contractor was not ready for further testing due to pumping areas.

RECOMMENDATIONS
Based on our observations made dur ing the site visit, we provid ed the following recommendations. This letter has been revised to mitigate wors t case scenario with extreme moisture and unfirm and yielding areas as encountered in the southwest quadrant of the parking lot.
a. Remove an additional excavation of 2.5 feet of moist soil from the design bottom structural section.

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Parking Lot Subgrade Stabilization Recommendation
Ruben Ayala Park
C i t y o f C h i n o , S a n B e r n a r d i n o C o u n t y , C a l i f o r n i a January 11, 2022

Converse Consultants
M:\JOBFILE\2020\81\20-81-134 RHA, Ayala Park Improvements\Report\20-81-134 stability ltr (30) parks b. Place 1-2 inch size crushed rock and mix it into the soil layer to create a uniform firm bottom. Then place one foot of fill with Class II aggregate ba se and test for 95% compaction, moisture to be within +/- 3% of optimum, and firmness. c. If a firm compacted bottom is achieved, bring to grade with soil compacted to 90% and within +/-2% of optimum. Asphalt concrete is to have 1-foot of fill beneath to be compacted to 95% and moisture conditioned to +/-3% for coarse grained soil/base and +/-2% for fine grained soil.
d. If a firm compacted bottom is not achieved after step b above, refer to step “e” below. e. If a firm bottom is still not achieved, place a layer of Tensar InterAx 750 geogrid (or comparable product) over the compacted gravel/soil mixture which should extend at least 3 feet beyond the edges. Adjoining pieces of geogrid should be overlapped 36 inches or per manufacturer’s recommendations. The geogrid should be laid as flat as possible, without wrinkles or folds.
f. Place at least 6 inches of Class II aggregate base over the geogrid and wheel-roll with light equipment. Avoid overworking any area of the base during compaction. g. Aggregate base fill should then be placed and compacted to 9 5 percent of the laboratory maximum density and be within +/-3% of optimum moisture.

The remaining parking lot other than the southwest quadrant may have an overexcavation of 12-18 inches below the structural section bottom; depending on the severity of the bottom, may be as deep as “a” above. Then steps “b-g” are to be followed from above.

We appreciate the opportunity to be of continued service to RHA Landscape Architects- Planners and the City of Chino. If you have any questions or need additional information, please feel free to contact us at 909-896-3104.

CONVERSE CONSULTANTS
H a s h m i S . E . Q u a z i P h D , P E , G E A n t o n i o M a c i e l , E I T P r i n c i p a l E n g i n e e r S e n i o r S t a f f E n g i n e e r Dist.: 1/Addressee
am/HSQ/kvg
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AMERICAN RENTALS INC.
88 W. VICTORIA STREET
LONG BEACH, CA 90805
(800)975-7368
RENTED TO JOB LOCATION TICKET #
KLASSIC ENGINEERING AND CONST 14255 CENTRAL AVE Bid# 2351935 250 SOUTH TUSTIN ST CHINO CA
ORANGE CA 92866
Loc 200
DL/ID # SLSP HOW? PHONE DATE TIME
759241 O (714) 369-8389 OUT 01/24/22 7:00 AM JG
JUAN GODINEZ C (714) 552-1660
ANN PO/JOB # RECEIVED BY
ALEX DUE 01/31/22 7:00 AM JG
BID Page: 1
QTY ITEM# EXT AMT NET AMT
MIN HOURLY OVNITE 8-HOUR DAY WEEK 4 WEEK
1 2047-5802 ROLLER RIDE-ON 54" SINGLE DRUM 1800.00 1800.00 .00/D 450.00 1800.00 5400.00
Meter Reading Out: 1492.20
Free Meter Units per Day: 0.00 Charge per Additional Unit: 0.00 1 40 DELIVERY / PICK UP 300.00 300.00 300.00
*Del Date_____Time_____* P/U Date_____Time_____
----- Payments ------
Please Review This Contract RENT 1800.00
No Credits Issued SALES 300.00
After 30 Days OTHER 0.00
DMG WAIVER 252.00

7.75 % 0.00
DEPOSIT 0.00
TOTAL DUE 2352.00
TOTAL PAID 0.00
EST AMT DUE 2352.00 Printed 01/20 11:04
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AMERICAN RENTALS INC.
88 W. VICTORIA STREET
LONG BEACH, CA 90805
(800)975-7368
RENTED TO JOB LOCATION TICKET #
KLASSIC ENGINEERING AND CONST CHINO Bid# 2352541
250 SOUTH TUSTIN ST 14255 CENTRAL AVE
ORANGE CA 92866 X.S EDISON
CHINO CA 91710 Loc 200
DL/ID # SLSP HOW? PHONE DATE TIME
759241 O (714) 369-8389 OUT 01/31/22 7:00 AM JG
JUAN GODINEZ C (714) 552-1660
ANN PO/JOB # RECEIVED BY
ALEX ALEX DUE 02/28/22 7:00 AM JG
BID Page: 1
QTY ITEM# EXT AMT NET AMT
MIN HOURLY OVNITE 8-HOUR DAY WEEK 4 WEEK
1 8056-5808 WHEEL LOADER 4 YARD 5000.00 5000.00
.00/D 500.00 2000.00 5000.00
Meter Reading Out: 0.00
Free Meter Units per Day: 8.00 Charge per Additional Unit: 91.66 Rental Note(s) : * Rental Rates Are Based Upon Single Shift Usage:* * 8HR Day/ 40HR Week- Straight Time. *
* Up To 16HR Day/ 80HR Week - 1.5 Times Rate. *
* Over 16HR Day/ 80HR Week - 2 Times Rate. *
THIS EQUIPMENT IS SUBJECT TO ?5? MINUTE IDILING

REGULATION AS SET FORTH BY THE CALIFORNIA AIR
RESOURCES BOARD (ARB) SECTION 2449(d)(3). I AM
RESPONSIBLE FOR THE MINIMUM FINE OF $300 FOR 1st

TIME VIOLATION AND SUBSEQUENT VIOLATIONS UP TO
$10,000.00 WHILE IN POSSESSION OF THIS EQUIPMENT
SIGNATURE: ___________________________
§2449(d)(3) Idling
(A) Idling Limit ? No vehicles or engines subject
to this regulation may idle for more than 5
consecutive minutes.The idling limit does not
apply to:

1. Idling when queuing,

2. Idling to verify that the vehicle is in safe
operating condition,

3. Idling for testing, servicing, repairing or
diagnostic purposes,

4. Idling necessary to accomplish work for which
Please Review This Contract RENT 5000.00
No Credits Issued SALES 0.00
After 30 Days OTHER 0.00
DMG WAIVER 700.00

7.75 % 0.00
SALES TAX 387.50
DEPOSIT 0.00
TOTAL DUE 6087.50 TOTAL PAID 0.00
EST AMT DUE 6087.50 Printed 01/24 08:42
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AMERICAN RENTALS INC.
88 W. VICTORIA STREET
LONG BEACH, CA 90805
(800)975-7368
RENTED TO JOB LOCATION TICKET #
KLASSIC ENGINEERING AND CONST CHINO Bid# 2352541
250 SOUTH TUSTIN ST 14255 CENTRAL AVE
ORANGE CA 92866 X.S EDISON
CHINO CA 91710 Loc 200
DL/ID # SLSP HOW? PHONE DATE TIME
759241 O (714) 369-8389 OUT 01/31/22 7:00 AM JG
JUAN GODINEZ C (714) 552-1660
ANN PO/JOB # RECEIVED BY
ALEX ALEX DUE 02/28/22 7:00 AM JG
BID Page: 2
QTY ITEM# EXT AMT NET AMT
MIN HOURLY OVNITE 8-HOUR DAY WEEK 4 WEEK
the vehicle was designed (s uch as operating a
crane),

5. Idling required to bring the machine system to
operating temperature, and

6. Idling necessary to ensure safe operation of
the vehicle.
----- Payments ------
Please Review This Contract RENT 5000.00
No Credits Issued SALES 0.00
After 30 Days OTHER 0.00
DMG WAIVER 700.00

7.75 % 0.00
SALES TAX 387.50
DEPOSIT 0.00
TOTAL DUE 6087.50 TOTAL PAID 0.00
EST AMT DUE 6087.50 Printed 01/24 08:42
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Revenue: Expenditure: 5207300-43650, 5507380-43650; 5307320- 43650; 6405020-43650
Transfer In: Transfer Out:

M E M O R A N D U M

CITY OF CHINO

PUBLIC WORKS DEPARTMENT

COUNCIL MEETING DATE: FEBRUARY 1, 2022

TO: MATTHEW C. BALLANTYNE, CITY MANAGER

FROM: ANTHONY ARROYO, DIRECTOR OF HUMAN RESOURCES/RISK

MANAGEMENT

SUBJECT: AWARD A PROFESSIONAL SERVICES AGREEMENT - COMPREHENSIVE

CLASSIFICATION, COMPENSATION AND ORGANIZATIONAL
ASSESSMENT.

RECOMMENDATION
1) Appropriate $111,540 from the unappropriated reserves of the Water, Sewer and Sanitation Enterprise Funds ; 2) Approve a Professional Services Agreem ent with Koff & Associates, A Gallagher Company, Berkeley, CA in the amount of $111,540 for Comprehensive Classification, Compensation and Organizational Assessment Services; 3) authorize additional expenditures for contract contingencies of up to $30,000, for a total agreement amount not -to-exceed $141,540 and 4) authorize the City Manager to execute the necessary documents on behalf of the City.

FISCAL IMPACT
Requires an appropriation, in the amount of $80,309 from the unappropriated reserves of the Water Enterprise Fund 520; $27,885 from the unappropriated reserves of the Sewer Enterprise Fund 530 and $3,346 from the unappropriated reserves of the Sanitation Fund 550. The remaining cost of $30,000 for contract contingencies will be provided for by existi ng budgeted funds from the Human Resources division operating budget.

11.11 NEW BUSINESS
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COUNCIL MEETING DATE: FEBRUARY 1, 2022
SUBJECT: AWARD A PROFESSIONAL SERVICES AGREEMENT - COMPREHENSIVE

CLASSIFICATION, COMPENSATION AND ORGANIZATIONAL ASSESSMENT PAGE 2

BACKGROUND
The City of Chino is a developing city with expanding utility systems including the addition of groundwater treatment plants, pump stations, wells, reservoirs, and sewer li ft stations all within the past 5 years with additional projects included in the 5 -year Capital Improvement Program.

These major utility infrastructure improvements have and will continue to increase the size and complexity of the City’s water and sewer sy stems and may require additional staffing, training, and critical skills to successfully implement and operate. Additionally, the City is preparing for upcoming regulatory requirements related to water conservation and recycling which will most likely require additional staff resources.

Further, the City of Chino’s Public Works department strives to provide top tier customer services to it’s residents and business customers. The Water Division, in conjunction with the Human Resources Department, endeavored to implement objectives that would benefit programs equitably for the City’s Utility working groups (Water, Sewer, Utility Billing and Sanitation). This planning led to the understanding that to effectively update utility rates, retain employees and strate gically plan for the City’s capital needs, a comprehensive classification, compensation and organizational study would need to be undertaken for various working groups. The various aspects of the currently planned study will include the assessment of approximately 95 employees in various applicable divisions.

ISSUES/ANALYSIS
The City planned to solicit proposals from qualified human resources consultants to conduct a comprehensive analysis of the City’s organizational structure to determine if current sta ffing is appropriate and efficient for current and future operational demands and succession planning.

The City also requests the development of a wage and compensation philosophy and reward strategy that continues to attract and retain a quality workforce , prepares the City for future succession planning, and is responsible and financially sustainable.

As such, Public Works staff worked collaboratively with the Human Resources Division and Utility Billing division of Finance to develop a Request for Propo sals for a Comprehensive classification, compensation, and organizational study. On October 6, 2021 staff posted a solicitation requesting proposals from qualified human resources firms via PlanetBids as well as email to select firms. Two technical proposa ls were received by staff on or before October 28, 2021. Staff reviewed said proposals to evaluate experience, qualifications of personnel and proposed approach to work. While many firms expressed interest in the opportunity to propose on this project, time constraints and technical complexity (and large scope) were determined to be contributing factors to a lower than expected turn -out for proposals. Submitting firm’s fees and proposed costs, which were submitted separately, were also considered as an eval uation criterion. All proposals had the required scope of work/tasks and were ranked according to the table below.

COMPREHENSIVE CLASSIFICATION, COMPENSATION, AND ORGANIZATIONAL ASSESSMENT (RFP#20217050)
Firm Ranking Base Fee

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COUNCIL MEETING DATE: FEBRUARY 1, 2022
SUBJECT: AWARD A PROFESSIONAL SERVICES AGREEMENT - COMPREHENSIVE

CLASSIFICATION, COMPENSATION AND ORGANIZATIONAL ASSESSMENT PAGE 3

Koff & Associates, A Gallagher Company 1 $ 99,330.00 Transformance Consulting 2 $ 48,000.00

It was determined that Koff & Associates was the firm best qualified to perform the services desired by staff. Their proposal included a proactive and robust approach to addressing the needs of the City in a three phased approach that will see a Class and Compensation study performed, an Organizational Assessment undertaken over the course of several months. The information garnered during the study will inform forthcoming rate studies, bolster employee relations, and satisfy requirements from existing labor agreements with various bargaining units.

It should be noted that in addition to the base proposal cost, staff is electing to have Koff & Associates perform additional, optional tasks which require additional fees and allow for many interview activities to be conducted on -stie and in person. Staff is excited to begin this study to focus on advancing City’s Utility based goals, while reinforcing commitment to customer service through employee retention and growth.

Therefore, staff recommends that Council approve the appropriation of $111,540 from the unappropriated reserves of the Water, Sewer and Sanitation Enterprise Funds. Further, staff recommends the approval of a Professional Services Agreement with Koff & Associates, in the amount of $111,540 for Comprehensive Classification, Compensation and Organizational Assessment Services; and authorize additional expenditures for contract contingencie s of up to $30,000.

Attachments: Professional Services Agreement - Koff & Associates

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Project Name/No.: Comprehensive Classification Contract No.:________________ Compensation and Organizational
Assessment Study Services

Project Manager: PW/ A.Coker Approved: ______________

01225.0001/458446.1 (Long Form)

AGREEMENT FOR SERVICES

BETWEEN THE CITY OF CHINO AND

KOFF & ASSOCIATES, A GALLAGHER COMPANY
THIS AGREEMENT FOR SERVICES (herein “Agreement”) is made and entered into this 21st day of January, 2022 (“Effective Date”) by and between the City of Chino , a California municipal corporation (“City”) and Koff & Associates, A Gallagher Company (“Consultant”). City and Consultant may be referred to individually as “Party” or collectively as “Parties.”

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

B. Consultant, following submission of a proposal or bid for the performance of the services defined and described particularly i n Article 1 of this Agreem ent, was selected by the City to perform those services.

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

D. The Parties desire to formalize the selection of Consultant for performance of those services defined and described particularly in Article 1 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.

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

ARTICLE 1. SERVICES OF CONSULTANT

1.1 Scope of Services.

In compliance with all terms and condi tions of this Agr eement, the Consultant shall provide those services specified in the “ Scope of Services ” attached hereto as Exhibit “A” and incorporated herein by this reference, which may be referred to herein as the “services” or “work” hereunder. As a material inducement to the City entering into this Agreement, Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the services required under this Agreement in a thorough, com petent, a nd

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professional m anner, and is experienced in performing the work and services contemplated herein. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. Consultant covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be both of good quality as well as fit for the purpose intended. For purposes of this Agreement , the phr ase “highest prof essional standards ” shall mean those standards of practice recognized by one or more first -class firms performing similar work under similar circumstances.

1.2 Consultant’s Proposal.

The Scope of Services shall include the scope of work included in Consultant ’s proposal, which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern.

1.3 Compliance with Law.

Consultant shall keep itself informed concerning, and shall render all services hereunder in accordance with , all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental entity having jurisdiction in effect at the time service is rendered.

1.4 California Labor Law.

If the Scope of Services includes any “public work” or “maintenance work,” as those terms are defined in California Labor Code section 1720 et seq. and California Code of Regulations, Title 8, S ection 16000 et seq. , and if the total compensation is $1,000 or more, Consultant shall pay prevailing wages for such work and comply with the requirements in California Labor Code section 1770 et seq. and 1810 et seq ., and all ot her appli cable laws, including the following requirements:
(a) Public Work. The Parties acknowledge that some or all of the work to be performed under this Agreement is a “public work” as defined in Labor Code Section 1720 and that this Agreement is therefor e subject to the requirements of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works contracts and the rules and regulations established by the Department of Industrial Relations (“DIR”) implementing such statutes. The work performed under this Agreement is subject to compliance monitoring and enforcement by the DIR. Contractor shall post job site notices, as prescribed by regulation.
(b) Prevailing Wages . Contractor shall pay prevailing wages to the extent required by La bor Code Section 1771. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages are on file at City Hall and will be made available to any interested party on request. By initiating any work under t his Agreement, Contractor acknowledges receipt of a copy of the Department of Industrial Relations (DIR) determination of

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the prevailing rate of per diem wages, and Contractor shall post a copy of the same at each job site where work is performed under this Agreement.
(c) Penalty for F ailure to Pay Prevailing Wages . Contractor shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailin g wages. The Contractor shall, as a penalty to the City, forfeit two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Contractor or by any subcontractor. (d) Payroll Records . Contractor shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Contractor and each subcontractor to:
keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform the City of the location of the records. (e) Apprentices. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6, and 1777.7 and California Code of Regulations T itle 8, S ection 200 et seq. concerning the employment of apprentices on public works projects. Contr actor shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Contractor shall provide City with a copy of the information submitted to any a pplicable apprenticeship program. Within sixty (60) days after concluding work pursuant to this Agreement, Contractor and each of its subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement. (f) Eight-Hour Work Day . Contractor acknowledges that eight (8) hours labor constitutes a legal day's work. Contractor shall comply with and be bound by Labor Code Section 1810.
(g) Penalties for Excess Hours . Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the City, forfeit twenty- five dollars ($25) for each worker employed in the performance of this Agreement by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Divis ion 2, Pa rt 7, Chapter 1, A rticle 3 of the Labor Code.

Pursuant to Labor Code section 1815, work performed by employees of Contractor in excess of eight (8) hours per day, and forty (40) hours during any one week shall be permitted upon public work upon compensatio n for all hours w orked in excess of 8 hours per day at not less than one and one-half (1½) times the basic rate of pay.
(h) Workers’ Compensation. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation t o its employees if it has employees. In accordance with the provisions of California Labor Code Section 1861, Contractor certifies as follows:

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“I am aware of the provisions of Section 3700 of the Labor Code which require every emp loyer to be insured agains t liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”
Contractor’s Authorized Initials ________
(i) Contractor’s Responsibility for Subcontractors. For every subcontractor who will perform work under this Agreement, Contractor shall be responsible for such subcontractor's compliance with Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code, and shall make such compliance a requirement in any contract with any subcontractor for work under this Agreement. Contractor shall be required to take all actions necessary to enforce such co ntractual provisions and e nsure subcontractor's compliance, including without limitation, conducting a review of the certified payroll records of the subcontractor on a periodic basis or upon becoming aware of the failure of the subcontractor to pay his or her work ers the specified prevailing rate of wages. Contractor shall diligently take corrective action to halt or rectify any such failure by any subcontractor.

1.5 Licenses, Permits, Fees and Assessments.

Consultant shall obtain at its sole cost and expense such licenses, permits an d approvals as may be required by law for the performance of the services required by this Agreement.

Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, wh ich may be imposed by law and arise from or are necessary for the Consultant ’s performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, ass essments, taxes, penalties or interest levied, assessed or imposed against City hereunder.

1.6 Familiarity with Work.

By executing this Agreement , Consultant warrants that Consultant (i) has thoroughly investigated and considered the scope of services to be performed, (ii) has careful ly considered how the services should be performed, and (iii) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the Consultant discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Consultant shall immediately inform the City of such fact and shall not proceed except at Consultant ’s risk until written instructions are received from the Project Manager.

1.7 Software and Computer Services.

If the Sco pe of Services includes the provision and/or installation of any software, computer system, or other computer technology, Consultant represents and warrants that it has

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inspected the City’s current infrastructure, equipment, computer system and software and that the software, computer system, or other computer technology provided and/or installed by Consultant under this Agreement is compatible, and shall be fully functional, with such infrastructure, equipment, computer system and software of the City. Co nsultant acknowledges that the City is relying on the representation by Consultant as a material consideration in entering into this Agreement.

1.8 Care of Work.

The Consultant shall adopt reasonable methods during the life of the Agreement to furnish cont inuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until accep tance of the work by City, except such losses or damages as may be caused by City’s own negligence.

1.9 Further Responsibilities of Parties.

Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agr eement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsibl e for the service of the other.

1.10 Additional Services.

City shall have the right , subject to state law and the City’s Municipal Code, at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that spe cified in the Scope of Ser vices or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Project Manager to the Consultant , incorporating therein any adjustment in (i) the Contract Sum for the actual costs of the extra work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Consultant . Any increase in compensation for extra work shall require the approv al of City Council unless the City Council has previously authorized the City Manager to approve an increase in compensation and the amount of the increase does not exceed such authorization. It is expressly understood by Consultant that the provisions of this Sect ion shall not appl y to services specifically set forth in the Scope of Services. Consultant hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates and t hat Consultant shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other contractors. No claims for an increase in the Contract Sum or time for performance shal l be valid unless the procedures established in this Section are followed.

1.11 Special Requirements.

Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “ Special Requirements ” attached hereto as Exhibit “B” and incorpor ated

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herein by this reference. In the event of a conflict between the provisions of Exhibit “B” and any other provisions of this Agreement, the provisions of Exhibit “B” shall govern.

ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.

2.1 Contract Sum.

Subject to any limitati ons set forth in this Agreement, City agrees to pay Consultant the amounts specified in the “ Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference. The total compensation, including re imbursement for actual exp enses, shall not exceed One Hundred Eleven Thousand Five Hundred Forty Dollars and Zero Cents ($111,540.00) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.10.

2.2 Method of Compensation.

The method of compensation may include: (i) a lump sum payment upon completion; (ii) payment in accordance with specified tasks or the percentage of completion of the services, less contract retention; (iii) payment for time and materials based upon the Consult ant’s rates as specified in the Schedule of Compensation, provided that (a) time estimates are provided for the performance of sub tasks , (b) contract retention is maintained, and (c) the Contract Sum is not exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation.

2.3 Reimbursable Expenses.

Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Project Manager in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5, and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Consultant at all project meetings reasonably deemed necessary by the City.

Coordination of the performance of the work with City is a critical component of the services. If Consultant is required to attend additional meetings to facilitate such coordination, Consultant shall not be entitled to any additional compensation for attending said meetings.

2.4 Invoices.

Each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City’ s Director of Finance. By submitting an invoice for paym ent under this A greement, Consultant is certifying compliance with all provisions of the Agreement . Consultant shall not invoice City for any duplicate services performed by more than one person.

All invoices shall be submitted by email to [email protected] . Each invoice is to include:
(a) Line items for all personnel describing the work performed, the number of hours worked, and the hourly rate.

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(b) Line items for all materials and equipment properly charged to the Services.
(c) Line items for all oth er approved reimbursable expenses claimed, with supporting documentation.
(d) Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services. (e) If this Agreement requi res prevailing wages, per Section 1.4 of the Agreement, all invoices shall include a copy of Consultant’s Certified Payroll and proof that Certified Payroll has been submitted to the DIR.

Consultant shall also submit a list of the prevailin g wage rates fo r all employees and subcontractors providing services under this Agreement, as applicable, with Consultant’s first invoice. If these rates change at any time during the term of the Agreement, Consultant shall submit a new list of rates to the City with its first invoice following the effective date of the rate change.

City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of t his Agreement. Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, or as provided in Section 7.3, City will use its best efforts to cause Consultant to be paid within forty- five (45) days of receipt of Consultant’s c orrect and undisputed invoice; however, Consultant acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. Review and payment by City for any invoice provided by the Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable law.

2.5 Waiver.

Payment to Consulta nt for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant.

2.6 Contingency of Funds.

Consultant acknowledges that funding or portions of funding for this Ag reement may be contingent upon State budget approval; receipt of funds from, and/or obligation of funds by the State of California to City; or inclusion of sufficient funding for the services hereunder in the budget approved by Chino City Council for each fiscal year cov ered by this Agreement. If such approval, funding or appropriations are not forthcoming, or are otherwise limited, City may immediately terminate or modify this Agreement without penalty.

ARTICLE 3. PERFORMANCE SCHEDULE

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3.1 Time of Essence.

Time is of the essence in the performance of this Agreement.

3.2 Schedule of Performance.

Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the “Schedule of P erformance” attached hereto as Exhibit “D” and incorporated herein by this reference. When requested by the Consultant , extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Project Mana ger but not exceeding one hundred eighty (180) days cumulatively.

3.3 Force Majeure.

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

3.4 Term.

Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services , which shall be no later than June 30, 2022, except as otherwise provided in the Schedule of Performance ( Exhibit “D”).

This Agreement may be renewed by a written amendment for up to an additional two (2) year(s) at the option of the City if the City is satisfied with the quality of services performed by Consultant under this Agreement.

ARTICLE 4. COORDINATION OF WORK

4.1 Representatives and Personnel of Consultant.

The following principals of Consultant (“Principals”) are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:

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Khalil Saba, PE. Vice President
(Name) (Title)
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement.

Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting suff icient time to personally supervise the services hereunder. All personnel of Consultant , and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agre ement, the foregoing Principals may not be replaced nor may their responsibilities be substantially reduced by Consultant without the express written approval of City. Additionally, Consultant shall utilize only competent personnel to perform services pursuant to this Agreement. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant ’s staff and subcontractors, if any, assigned to perform the services required under this Agreement.

Consultant shall notify City of any changes in Consultant’s sta ff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance.

4.2 Status of Consultant.

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

4.3 Project Manager.

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

4.4 Independent Consultant.

Neither the City nor any of its employees shall have any control over the manner, mode or means by w hich Consultant, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Consultant’s employees, servants, representatives or agents, or in fixing

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their number, compensation or hours of service. Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations a s are consistent with that ro le. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City . City shall not in any way or for any purpose become or be deemed to be a partner of Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise with Consultant.

4.5 Prohibition Against Subcontracting or Assignment.

The experience, knowledge, capability and reputation of Consultant , its principal s and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of t he City. In add ition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approva l of City . Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Consultant , taking all transfers into account on a cu mulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Consultant or any surety of Consultant of any liability hereunder without the express consent of City.

ARTICLE 5. INSURANCE AND INDEMNIFICATION

5.1 Insurance Coverages.

Without limiting Consultant’s indemnification of City, and prior to commencement of any services under this Agreement, Consultant shall obtain, provide and maintain at its own expense during the term of th is Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City.
(a) General liability insurance . Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance S ervices Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amend ed. Any endorse ment restricting standard ISO “insured contract” language will not be accepted.
(b) Automobile liability insurance . Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily i njury and prope rty damage for all activities of the Consultant arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non- owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.

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(c) Professional liability (errors & omissions) insurance . Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amoun t of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement. (d) Workers’ compensation insurance . Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).
(e) Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirement s stated herein.
(f) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”.

5.2 General Insurance Requirements.
(a) Proof of insurance . Consultant shall provide certificates of insurance to City as evidence of t he insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current c ertification of insurance shall be kept on fi le with City at all times during the term of this Agreement . City reserves the right to require complete, certified copies of all required insurance policies, at any time.
(b) Duration of coverage . Consultant s hall procure an d maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Consultant, its agents, representatives, employees or subconsultants. (c) Primary/noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non - contributory basis for t he benefit of C ity before the City’s own insurance or self -insurance shall be called upon to protect it as a named insured.
(d) City’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these spec ifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.

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(e) Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or that is on the List of A pproved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.
(f) Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunt eers or shall specifically all ow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(g) Enforcement of contract provisions (non -estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non- compliance with any re quirement imposes no additional obligations on the City nor does it waive any rights hereunder.
(h) Requirements not limiting . Requirements of specific coverage features or limits contained in this section are n ot intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. (i) Notice of cancellation . Consultant agrees to oblige its insurance agent o r broker and ins urers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
(j) Additional insured status . General liability policies shal l provide or be endorsed to pr ovide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
(k) Prohibition of undisclosed coverage limitati ons. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (l) Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured

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against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (m) Pass through clause . Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, pr ovide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of t his section. Consultant agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review. (n) Agency’s right to revise specificati ons. The City r eserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant’s compensation.
(o) Self-insured retentions . Any self -insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self -insurance will not be considered to comply with these specifications unless approved by City.
(p) Timely notice of claims . Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(q) Additional insurance . Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.

5.3 Indemnification.

To the full extent permitted by law, Consultant agrees to indemnify, defend and hold harmless the City, its officers, employe es and agents ( “Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to perso ns or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performa nce of the work, operations or activities provided herein of Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Consultant is legally liable (“indemnitors”), or arising from Consul tant’s or indemnitors’ reckless or willful misconduct, or arising from Consultant ’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith:

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(a) Consultant will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys’ fees incurred in connection therewith;
(b) Consultant will promptly pay any judgment rendered agains t the City , its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Consultant hereunder; and Consultant agrees to s ave and hold the City, its officers, agents, and employees harmless therefrom;
(c) In the event the City , its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Consultant for such damages or other claims arising out of or i n connection with the negligent performance of or failure to perform the work, operation or activities of Consultant hereunder, Consultant agrees to pay to the City , its officers, agents or employees, any and all costs and expenses incurred by the City , its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys ’ fees.

Consultant shall incorporate similar indemnity agreements with its subcontra ctors and if it fails to do so Consultant shall be fully responsible to indemnify Cit y hereunder therefore, and failure of City to monitor compliance with these provisions shall not be a waiver hereof. This indemnification includes claims or liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Consultant in the performance of professional services hereunder. The provisions of this Section do not apply to claims or liabilities occurring as a result of City ’s sole negligence or willful acts or omissions, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City ’s negligence, except that design professionals’ indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or willful misconduc t of the design professional . The indemnity obligation shall be binding on successors and assigns of Consultant and shall survive termination of this Agreement.

ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION

6.1 Records.

Consultant shall keep, and require subcontractors to keep, such ledgers , books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (the “ books and records ”), as shall be necessary to perform the services required by this Agreement and enable the Project Manager to evaluate the performance of such services. Any and all such documents shall be maintained in accordance with generally accepted accounting princ iples and shall be complete and detailed. The Project Manager shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. In the event of dissolution of Consultant’s business, custody of the books and records may be given to City, and access shall be provided by Consultant’s successor in interest. Notwithstanding the above, the Consultant shall fully

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cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act.

6.2 Reports.

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

6.3 Ownership of Documents.

All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “documents and materials”) prepared by Consulta nt, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Project Manager or upon the termination of this Agreement, and C onsultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such com pleted documents for other pr ojects and/or use of uncompleted documents without specific written authorization by the Consultant will be at the City’s sole risk and without liability to Consultant , and Consultant ’s guarantee and warranties shall not extend to such use, re use or assign ment. Consultant may retain copies of such documents for its own use. Consultant shall have the right to use the concepts embodied therein.

All subcontractors shall provide for assignment to City of any document s or materials p repared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom. Moreover, Consultant with respect to any documents and materials that may qualify as “ works m ade for hire ” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for the City.

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

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Attorney, voluntarily provide documents, declarations, letters of support, t estimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives City notice of such court order or subpoena. (c) If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct. (d) Consultant shall promptly notify City should Consultant, its officers, employees, agents or su bcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admiss ions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION

7.1 California Law.

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

7.2 Disputes; Default.

In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in w hich Consultant may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Consultant is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under this Article. Any failure on the part of the City to give notice of the Consultant ’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.

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7.3 Retention of Funds.

Consultant hereby authorizes City to deduct from any amount payable to Consultant (whether or not arising out of this Agreement) (i) any amounts the payment of whic h may be in dispute hereunder or which are ne cessary to compensate City for any losses, costs, liabilities, or damages suffered by City , and (ii) all amounts for which City may be liable to third parties, by reason of Consultant ’s acts or omissions in perf orming or faili ng to perform Consultant ’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Consultant to insure, indemnify, and protect City as elsewhere provided herein.

7.4 Waiver.

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

Acceptance by City of any work or service s by Consultant shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non- defaulting party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

7.5 Rights and Remedies are Cumulative.

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

7.6 Legal Action.

In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, t o recover damag es for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Consultant shall f ile a statutory claim pursuan t to Government Code Sections 905 et seq. and 910 et seq., in order to pursue a legal action under this Agreement.

7.7 Liquidated Damages.

Since the determination of actual damages for any delay in performance of t his Agreement would be extremely difficult or impractical to determine in the event of a breach of

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this Agreement, the Contractor and its sureties shall be liable for and shall pay to the City the sum of ____________________________________ ($___________) as liquidated da mages for each working day of delay in the performance of any service required hereunder. The City may withhold from any monies payable on account of services performed by the Contractor any accrued liquidated damages.

7.8 Termination Prior to Expiration of Term.

This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Contract at any time, with or without cause, upon thirty (30) days’ written notice to Consu ltant, except that where termination is due to the fault of the Consultant , the period of notice may be such shorter time as may be determined by the Project Manager . In addition, the Consultant reserves the rig ht to terminate this Contract at any time, with or without cause, upon sixty (60) days’ written notice to City, except that where termination is due to the fault of the City , the period of notice may be such shorter time as the Consultant may determine. Upon receipt of any notice of termination, Cons ultant shall immediately cease all services hereunder except such as may be specifically approved by the Project Manager . Except where the Consultant has initiated termination, the Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Project Manager thereafter in accordance with the Schedule of Compensation or such as may be approved by the Project Manager , except as provided in Section 7.3. In the event the Consultant has initiated termination, the Consultant shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination wit hout cause pursuant to this Section, the terminating party need not provide the non -terminating party with the opportunity to cure pursuant to Section 7.2.

7.9 Termination for Default of Consultant.

If termination is due to the failure of the Consultant to fulfill its obliga tions under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated.

7.10 Attorneys’ Fees.

If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing pa rty in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney ’s fees. Attorney’s fees shall include attorney ’s fees on any appeal, and in addition a party entitl ed to attorney’s fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be

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deemed to hav e accrued on co mmencement of such action and shall be enforceable whether or not such action is prosecuted to judgment.

ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

8.1 Non-liability of City Officers and Employees.

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

8.2 Conflict of Interest.

Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hi nder Consultant’s performance of services under this Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subc ontractor without the e xpress written c onsent of the Project Manager . Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.

No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision r elating to the Agreement which affects her/his financial interest or the financial interest of any corporation, partnership or association in which (s)he is, d irectly or indirectly, interested, in violation of any State statute or regulation. The Consultant warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.

8.3 Covenant Against Discrimination.

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

8.4 Unauthorized Aliens.

Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C. § 1101 et seq. , as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of work and/or services covered by this

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Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Consultant hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys ’ fees, incurred by City.

ARTICLE 9. MISCELLANEOUS PROVISIONS

9.1 Notices.

Any notice, demand, request, document, consent, approval, or communicat ion either party desires or is required to gi ve to the other party or any other person shall be in writing and either served personally or sent by prepaid, first -class mail, in the case of the City, to the City Manager and to the attention of the Project M anager (with her/his name and City title), Ci ty of Chino, 13220 Central Avenue, Chino, California 91710 and in the case of the Consultant , to the person(s) at the address designated on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy -two (72) hours from the time of mailing if mailed as provided in this Section.

9.2 Interpretation.

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

9.3 Counterparts.

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

9.4 Integration; Amendment.

This Agreement including the attachments hereto is the entire, com plete and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Consultant and by the City Council. The parties agree that t his requirement for written modifications cannot be waived and that any attempted waiver shall be void.

9.5 Severability.

In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in t his Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of t his

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Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.

9.6 Warranty & Representation of Non-Collusion.

No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in a ny decision relating to this A greement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s) he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of “financial interest” shall be consistent with State law and shall not include intere sts found to be “remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5. Consultant warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or em ployee, any money, considerati on, or other thing of value as a result or consequence of obtaining or being awarded any agreement.

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

Consultant’s Authorized Initials _______

9.7 Corporate Authority.

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

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

CITY:

CITY OF CHINO, a municipal corporation

Matthew Ballantyne, City Manager
ATTEST:

Angela Robles, City Clerk
APPROVED AS TO FORM: APPROVED AS TO CONTENT:

ALESHIRE & WYNDER, LLP
_____________________________ _____________________________ Fred Galante, City Attorney Amer Jakher, Director of Public Works

CONSULTANT:

KOFF & ASSOCIATES, A GALLAGHER
COMPANY:

By:

Name:

Title:

By:

Name:

Title:

Address:

Two corporate officer signatures required when C onsultant is a corporation, with one signature required from each of the following gr oups: 1) Chairman o f the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CON SULTANT’S

SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE A TTESTATIONS SHALL BE

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

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01225.0001/458446.1

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

COUNTY OF SAN BERNARDINO
On __________, 20 22 before me, __ ______________, per sonally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they exe cuted the same in his/her/thei r authorized capaci ty(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.

Signature: _____________________________________

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

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER
_______________________________

TITLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

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

___________________________________

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

SIGNER(S) OTHER THAN NAMED ABOVE

A notary public or other officer completing this certificate verif ies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.

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01225.0001/458446.1

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

COUNTY OF SAN BERNARDINO
On __________, 20 22 before me, ________________, per sonally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacit y(ies), and that b y his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.

Signature: _____________________________________

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

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER
_______________________________

TITLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

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

___________________________________

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

SIGNER(S) OTHER THAN NAMED ABOVE

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.

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01225.0001/458446.1 A-1
EXHIBIT “A”

SCOPE OF SERVICES
I. Consultant will perform the Services described in Consultant’s Proposal, attached hereto as Exhibit A-1.

II. All work product is s ubject to review and acceptance by the City, and must be revised by the Consultant without additional charge to the City until found satisfactory and accepted by City.

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27 APPROACH AND SCOPE OF WORK
Methodology / Work Plan / Deliverables
This section of the proposal identifies the actual work plan. We believe that our detailed explanation of methodology and work tasks clearly distinguishes our approach and comprehensiveness.

Our approach is to complete the classification and job evaluat ion before completing the compensation review. The reasons for this include:
 The description of the work performed and the requirements for that work are, in the minds of the employees and their supervisors, inextricably associated with the “worth of that work” or compensation, which is often a highly emotional issue. Separating the two phases of the study, even though elements of phases may be conducted concurrently, tends to produce more objective classification results.  The compensation review will be completed when there is a full understanding of the work of the City, thereby ensuring that the data developed from the labor market and the City’s classifications is accurate.

The organizational assessment will be conducted concurrently with the classification and compensation phases of the project and is outlined below as Phase III – several project tasks and deliverables will overlap and be conducted concurrently with Phase I and Phase II project tasks and deliverables.

Given these parameters, our approach is as follows:

PHASE I: CLASSIFICATION STUDY
Deliverable A: Meetings with Study Project Team and Management Staff and Initial Documentation Review
This phase includes identifying the City’s Study Project Team, contract administrator, and reporting relationships. Our team of Project Managers and H.R. Associates will conduct an orientation and briefing session with the Study Project Team to explain process and methodology; create the specific work plan and work schedule; identify subsequent tasks to be accomplished; reaffirm the primary objectives and specific end products; determine deadline dates for satisfactory completion of the overall assignment; determine who will be responsible for coordinating/scheduling communications with employees, management, and the Council; and develop a timetable for conducting the same.

Included in this task will be the gathering of written documentation, identifying current incumbents, and assembling current class descriptions, organizational charts, salary schedules, budgets, memoranda of understanding (“MOU”), personnel policies, previous classification and compensation studies, operational and staffing information, and any other relevant documentation to gain a general underst anding of City operations.

City terminology and methods of current classification and compensation procedures, as well as the written questionnaire instrument for the classification study that will be used in the job analysis phase will be reviewed and agreed to. We will discuss methodology, agree to formats for class descriptions and compensation results, identify appropriate comparator agencies, benchmark classifications, and benefits to be surveyed for compensation survey purposes. We will respond to any questions that may arise from the various stakeholders.

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28 Deliverable B. Orientation Meetings with Employees and Distribution of PDQ The Position Description Questionnaire (“PDQ”) will be discussed with the Study Project Team and customized as needed to meet the study objectives prior to distributing copies to employees. The PDQ will be specifically customized to also capture information pertinent to the organizational assessment, i.e., the “internal survey” described in Phase III of this proposal.

We will facilitate several orientation meetings with employees over the course of several days and distribute our Position Description Questionnaire (“PDQ”) to start the classification portion of the study.

While these meetings are not mandatory, they form the beginning of the educational process that continues throughout the study. We will discuss the importance of the employees’ involvemen t in the study and their participation in PDQ completion and job analysis interviews. Project processes will be explained, expectations will be clarified, and elements that are not a part of the study will also be covered.

Questions will be answered and a detailed explanation and examples for completing the PDQ will be given.

The Position Description Questionnaire (“PDQ”) will be discussed with the Study Project Team and customized as needed to meet the study objectives prior to distributing copies to employees.

Each PDQ will be handed out with the incumbent’s current class description attached to the questionnaire so the employee can use this as a tool for completing the questionnaire.

In the past, we have typically conducted these orientation sessions in person, onsite, and at various client locations. We’re happy to do so, of course, as the current circumstance around the pandemic permits (i.e., in terms of guidance from state and local government officials). In case we are required to continue conducting business virtually for a period of time, we can provide the City with many technological options to ensure a smooth process, as we have with many of our clients during the last year. Examples include:
 Scheduling app: Purchasing a scheduling web application for employee orientation sessions where up to 100 people can attend a session; employees can choose a session date and time and receive a confirmation which populates their calendar, and sends them a meeting reminder; it also generates attendee lists.
 Orientations: Providing more flexible options for employee orientation sessions by offering fewer options per day over a higher number of days to accommodate employee schedules; onsite meetings require a larger number of daily sessions over a more limited number of days.  FAQs: Preparing a series of FAQ's for each study which are made available to employees after the orientation sessions.
 Recording meetings: Videotaping our employee orientation sessions (we also do this for onsite sessions) for employees who cannot attend a session; or simply recording a video -conference orientation session that employees could watch later.
 Chat lines: Training our staff on the use of communication tools such as chat lines; we intersperse our employee orientation session presentations with multiple points when questions can be asked.
 Post-meeting help: Remaining in the orientation session for about 5 -10 minutes after it has "officially" ended in the event some employees want to stay behind to ask questions.  Safeguards: For employee interviews, as we generally do, we prepare the schedules of dates and times for each employee and the client coordinates scheduling employees with departments, using agreed upon meeting options for employees. Safeguards are in place to ensure that only

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29 the employee/ employees (for group interviews) in that time slot can access the meeting, such as virtual "waiting rooms."
 Telephone support: Providing a direct telephone number for the K&A Project Mana ger to departments in the event there are scheduling or access issues.  Time between meetings: Scheduling 10 -15 minutes between meetings, versus on -site back to back meetings; this change results in slightly fewer meetings per day, but provides a less "hurried" nature to the meetings; and because the meetings are not onsite, clients do not need to reserve multiple meeting rooms for multiple days.

Our clients have rece ived these operational changes very positively. We continue to ask our clients for feedback so we can implement continuous improvements. We recognize not all clients have the same technology as we do, which means we must provide viable technology options. While we provide multiple options, the expertise of our associates in asking relevant and probing questions of each study participant to better understand each employee's work is critical to the job evaluation interview process (see more information regarding employee interviews below). Our client -centric approach and methodology does not change with the venue.

Deliverable C. Collection and Review of PDQs
We recommend giving employees in the same classification the option of collaborating on completing a PDQ together, if the body of work they perform is substantially the same. If not, we prefer individual PDQs because, for the organizational assessment, we hope to understand individual bodies of work, procedural processes, and potential duplication of efforts and/or syngergies between individual positions.

We provide an electronic version of our questionnaire so that employees can more easily complete it.

Employees complete the questionnaire and then send it to their supervisor for review, comment, an d signature. We typically require a second level of review by the next level of management in the reporting structure. This ensures that all staff have an opportunity to provide information as to what the nature of the job is for each job classification/position and that we receive a “360 degree” perspective of each body of work within the organization.

Upon receipt of the PDQs in our office, K&A staff will review and analyze the PDQs in detail along with other documentation to obtain an understanding of the duties and responsibilities assigned to each position.

Deliverable D. Interviews with Employees, Supervisors, and Management Interviews will be scheduled with employees. Because this is a critical step in the information -gathering and educational process, we typically recommend scheduling interviews with all employees in each classification. We expect that the majority of interviews with Water, Sewer, and Sanitation/Water Conservation employees will be individual for organizational assessment purposes. However, we do invite employees in multi -incumbent classifications, such as Water Distribution Operator or Water Systems Operator, for example, to choose either individual interviews or to be interviewed together as a group, if the work they perform is sufficiently similar. We want to ensure that the process is designed to make employees feel comfortable to speak openly and to have a voice, whether they prefer to speak with us individually or as a group.

For classifications/positions included in Phase I of the project, we recommend scheduling interviews with at least a representative sample of employees in each classification that will be included in the study.

Typically, we employ the following approach and interview:

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30  All employees in single-position classifications;
 An adequate sampling of employees in multiple -position classifications (againwe will structure interviews to ensure we gather sufficient information for classification as well as organizational assessment purposes); and
 Any employee who requests an interview.

We will offer employees the option to be interviewed in a focus group session with incumbents in the same classification or to request an individual interview if they prefer. We recommend individual interviews only if the employee wants to discuss certain issues (e.g., out of class responsibilities, etc.) in privacy with the consultant or in situations where we feel it is necessary to gain an in-depth understanding of certain individual positions and/or work areas for organizational assessment purposes.

Interviews will then be held with supervisory and management staff (division managers, department heads, etc.), who will clarify their own responsibilities and/or confirm the information we have received in the interviews with their staff (we allow more time for these interviews). Management interviews will also have an organizational assessment component (see Phase III below).

The purpose of the interviews is to clarify and supplement the questionnaire data and to respond to potential perception differences regarding roles, tasks, scope, and supervisory responsibilities. The appropriateness of the following will be assessed:
 Work being completed and relationships of positions to each other within a division/department as well as across the organization; and  Classification structure and reporting structure.

Another purpose of interviews with management will be to identify the City’s key positions and functional areas of assignment where succession planning will be most criti cal. This will help in identifying where the City will need to focus its succession planning efforts.

Deliverable E. Classification Concept and Preliminary Allocation Prior to developing detailed class descriptions, our job evaluation will result in a classification concept and employee allocation document that will be submitted to the City for review and approval. We will compare changes in business need and operations, as well as any reorganizations, with the established classification system and job families as well as review internal relationships between classifications to define the reasons for, and effects of, the proposed changes.

Our job analysis method is the whole position analysis approach. Objective factors in the whole position classification methodology include:

1. Decision making/judgment

2. Difficulty and complexity of work

3. Supervisory responsibilities

4. Non-supervisory responsibilities

5. Minimum qualifications

6. Working conditions/risk factors

7. Contacts

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31 This document will list broad class concepts and highlight where significant changes may be recommended, such as creating or collapsing class series in the same functional area and/or separating or combining classifications assigned to different functional areas. We will review and analyze potential career ladders and promotional opportunities, including clearly delineated and distinguished levels within classification series. We will also review and update established titling guidelines for t he studied classifications for appropriate and consistent titling.

A detailed, incumbent -specific allocation list for each position included in the study will be prepared, specifying current and proposed classification title and the impact of our recommend ations (reclassification – upgrade or downgrade, title change, or no change).

At this juncture, we will review opportunities for career development, career ladders (as mentioned above), and opportunities for building succession planning strategies into the City’s classification plan.

After we have completed this process, a meeting will be arranged to review any recommended changes to the classification plan with the Study Project Team.

Deliverable F. Draft Class Description Development
After preliminary approval of the class concepts and allocation lists, new and /or updated class descriptions will be developed for each proposed classification, following the format approved by the City.

From the review of the PDQs and employee interviews, we wi ll update duties, responsibilities, and minimum qualifications of each class specification, as necessary. We will develop new class specifications if duties, responsibilities, and minimum qualifications have changed significantly, and/or if we recommend new classifications/class levels, and/or if operational changes, business needs, or reorganizations, have occurred.

Following EEO Uniform Guidelines, we will review, analyze, and update, as appropriate, knowledge, skills, abilities, education and experience , position definitions, purpose, distinguishing characteristics, supervision received and exercised, position functions and special requirements including licensing and certifications that are required and desirable. We will address relevance and hierarchical consistency of each classification and each class series.

We will also review and update physical demands based on the most typical job functions of each classification in accordance with the ADA.

Finally, we will review each classification’ s typical job functions and determine exempt vs. non -exempt status in accordance with “white collar” exemptions under the FLSA.

Deliverable G. Facilitation of Draft Class Description Review and Employee Feedback Process A draft copy of the revised/new cla ss description with allocation recommendation will be submitted to the Project Team and subsequently to each manager, supervisor, and employee, to give each stakeholder group an opportunity to provide comments and concerns regarding any modifications to the classification structure and specifications. Our experience has been that this is one of the most critical phases of the project (as well as one of the most time-consuming). Our proactive and effective communication process at this juncture has always avoided formal appeals, adversarial meetings, or major conflicts at the conclusion of our studies.

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32 We will work with the study’s stakeholder groups, including employee representation, to determine the best approach to reviewing the draft classification spe cifications, and how to provide feedback to us.

Supervisors and managers typically receive a copy of their employees’ draft class descriptions and will be asked to review their employees’ comments and feedback to verify and concur with, or recommend changes to, the information provided.

Significant employee comments will be reviewed with management prior to making any significant changes to the proposed class plan. These discussions will be by email, telephone, or additional direct personal contact with employees, depending upon the extent of the response.

Allocation and/or class description changes will be made as required and the class specifications will be finalized and submitted for approval. All employees who submitted their comments during the revie w process will be notified in writing regarding the outcome of their concerns.

Deliverable H. Classification Plan and Draft of Interim Report and Final Report A Draft Interim Report of the Classification Study will be completed and submitted to the Study Project Team for review and comment. The report will contain:
 Classification recommendations for each studied position, including documentation regarding study goals and objectives, classification methodology, approach, and process as well as all findings, analysis, and resulting recommendations;  The recommended allocation list, classification title changes, job family and career ladder/career gr owth issues, reporting relationships, and other factors will all be included;
 The recommended classification st ructure will be in alignment with current business/ operational needs of the City;
 Recommendations for effective succession planning strategies will also be included; and  Classification concepts and guidelines as well as methods used to determine appropriate classification and level, methods for logical progression of movement between classifications, distinguishing characteristics and other pertinent information for implementation and continued maintenance of the recommendations will be detailed.

Once we have received the City’s comments regarding the Draft Interim Report and have made any necessary changes, a Final Classification Report will be developed.

PHASE II: TOTAL COMPENSATION STUDY AND STAFFING ANALYSIS Deliverable A. List of Comparator Agencies, Benchmark Classifications, and Benefits to be Collected During the initial meeting with the Study Project Team, we will discuss and agree to the compensation study factors. We will identify/confirm appropriate, logical and defensible comparator agencies that will be included in the external market survey, which will be the foundation for ensuring that the City’s salaries for the studied classifications are competitively aligned with the external labor market. Please see Phase III for additional information on the selection of comparator agencies for the organizational assessment.

We will also identify/confirm those classifications that will be surveyed in the market (i.e., benchmark classifications), with the intention of internally aligning the remaining classifications with those that were surveyed.

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33 Finally, we will determine the list of benefits that the City wants to include in the total compensation data gathering process.

1. Determination of Comparator Agencies
The selection of comparator agencies is a critical step in the study process. We typically use the following factors to identify appropriate comparators and will receive approval before proceeding with the compensation study.

Our recommended methodology is that we involve management, Human Resources, employee representation, and the Governing Body, in the decision -making process of selecting which comparable agencies are included, PRIOR to beginning the study. Our experience has shown that this is the most successful approach. The factors that we typically review when selecting and recommending appropriate comparator agencies include:
 Organizational type and structure – While various organizations may provide overlapping services and employ some staff having similar duties and responsibilities, the role of each organization is somewhat unique, particularly in regard to its relationship to the citizens it serves and level of service expectation. During this iterative process, th e City’s current/ previous list of comparators, if any, and the advantages/disadvantages of including them or others would be discussed.
 Similarity of population served, City demographics, City staff, and operational budgets – These elements provide guid elines in relation to resources required (staff and funding) and available for the provision of services.
 Scope of services provided – While having an organization that provides all of the services at the same level of citizen expectation is ideal for com parators, as long as the majority of services are provided in a similar manner, sufficient data should be available for analysis.

When reviewing this factor, the City’s unique services would be evaluated in order to ensure that the majority of comparators provide the same services. This ensures that each comparator yields a sufficient number of matches for the City’s jobs.  Labor market – The reality of today’s labor market is that many agencies are in competition for the same pool of qualified employees, because large portions of the workforce don’t live in the communities they serve, are accustomed to lengthy commutes, and are more likely to consider changing jobs in a larger geographic area than in the past. Therefore, the geographic labor market area (where the City may be recruiting from or losing employees to) is taken into consideration when selecting potential comparator organizations. As part of this analysis, we will determine whether the City has identified agencies that it competes with for qua lified talent; those agencies are taken into consideration for purposes of our analysis. It is important to understand and consider the City’s competitive landscape and include agencies in the study to whom the City loses talent.
 Cost-of-living – The price of housing and other cost -of-living related issues are some of the biggest factors in determining labor markets. We review overall cost -of-living of various geographic areas, median house prices, and median household incomes to determine the appropriateness of various potential comparator agencies.

We typically recommend using 10-12 comparator agencies for all survey benchmarks in order to achieve statistical significance but are flexible and can easily use a different approach based on the City’s preferences.

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34 2. Determination of Benchmark Classifications
In the same collaborative manner as described in Step 1 above, we will work with the City’s stakeholders to select those classifications that will be surveyed. “Benchmark classes” are ordinarily chosen to reflect a broad spectrum of class levels. In addition, those that are selected normally include classes that are most likely to be found in other similar agencies, and therefore provide a sufficient valid data sample for analysis. Internal relationships will be determined between the benchmarked and non-benchmarked classifications and internal equity alignments will be made for salary recommendation purposes.

Due to the relatively small number of classifications included in the stud y, we recommend surveying the majority of them. The exception may be classification series with multiple levels, where we typically benchmark the journey level and then internally align the entry and the lead levels. For example, Equipment Mechanic, Equipment Mechanic Aide, and Equipment Mechanic Lead. We are happy to discuss this methodology with the City.

3. Determination of Salary and Benefits Data to Be Collected In addition to base salaries, benefit data elements for a total compensation study normally include at least the following (which are generally available to all staff in a specific job classification):

Employee Retirement, Retiree Healthcare cost, Health, Dental, Vision, and other insurance coverage, Vacation, Holidays, Administrative Leave, Deferred Compensation, Auto Allowance, and other benefits that the City wants to add.

Deliverable B. Data from Comparators and Preliminary Analysis of Data K&A does not collect market compensation data by merely sending out a written questionnaire. We find that such questionnaires are often delegated to the individual in the department with the least experience in the organization and given a low priority. Our experienced compensation analysts conduct all of the data collection and analysis to ensure validity of the data and quality control. This approach also ensures that we compare job description to job description and not just job titles, therefore ensu ring true “matches” of at least 70%, which is the percentage we use to determine whether to include a comparator classification or not.

As mentioned above in the Classification methodology, our job analysis method is the whole position analysis approach.

We typically collect classification descriptions, organization charts, salary schedules, personnel policies, budgets, master plans, operational information, MOUs, and other information via website, by telephone, or by an onsite interview. With the prior knowledge from the data gathered directly from each comparator agency and our experience in the public sector human resources field, our compensation analysts make preliminary “matches” and then schedules appointments by telephone, or sometimes in person, with knowledgeable individuals to answer specific questions. We find that information collected using these methods has a very high validity rate and allows us to substantiate the data for employees, management, and governing bodies.

Data will be entered into spreadsheet format designed for ease of interpretation and use. The information will be presented in a format that will identify th e comparator positions used for each classification comparison. Information will be calculated based upon both average and median figures allowing the

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35 City to make informed compensation decisions. Other elements of the compensation survey report are agencies surveyed; comparable class titles; salary range maximum/control point; number of observations; and percent of the City’s salary range is above/below the market values.

In addition, we will include any type of statistical representation and analysis that the City desires such as 60th, 70th, or any other percentiles per the City’s compensation philosophy.

Benefits data will be displayed in an easy-to-read format. You will receive three sets of spreadsheets per classification, one with base pay, one with the benefits detail, and one with total compensation statistical data. In addition, we are often asked to collect “other” benefits (as listed in the benefits section above), which we typically report on a separate spreadsheet.

Staffing, organizational data will be analyzed by functional area and compared to the data gathered from each agency in order to identify trends and any staffing shortfalls, overruns, and best practices regarding insourcing and outsourcing of work.

Deliverable C. Draft Compensation Findings/Additional Analysis/Study Project Team Meetings As part of our transparent approach and communication strategy to ensure organizational buy -in to the study, we share the market survey with the organization. We first di stribute our draft finding s to the Study Project Team. After their preliminary review, K&A will meet with the Study Project Team and other stakeholders (including Human Resources, management, employees) to clarify data, to receive requests for reanalysis of certain comparators, an d to answer questions and address concerns. This provides an opportunity for the Study Project Team and other stakeholders to review and question any of our recommended benchmark comparator matches. If questions arise, we conduct follow -up analysis to reconfirm our original analysis and/or make corrections as appropriate.

We will also share staffing information and our initial analysis to obtain input from department subject matter experts, especially when it comes to nuances of where the department’s operations are unique compared to other agencies. We have learned over our many years of experience that every agency is unique and provides some specialized services and programs and/or manages and operates infrastructure that is unique comp ared to other agencies. All of those nuances will be taken into consideration when analyzing the data and therefore, feedback from the department will be critical.

Deliverable D. Analysis of Internal Relationships and Alignment To determine internal equity for all studied positions, considerable attention will be given to this phase of the project. It is necessary to develop an internal position hierarchy based on the organizational value of each classification. Again, we utilize the whole position analysis methodology as described earlier.

By reviewing those factors, we will make recommendations regarding vertical salary differentials between classes in a class series, for example, as well as across departments. This analysis will be integrated with the results of the compensation survey and the City’s existing compensation plan.

The ultimate goal of this critical step in the process is to address any potential internal equity issues and concerns with the current compensation system, including compaction issues between certain classifications. We will create a sound and logical compensation structure for the various levels within each class series, so that career ladders are not only reflected in the classification system but also in the compensation system, with pay differentials between levels that allow employees to progress on a clear

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36 path of career growth and development. Career ladders will be looked at vertically, as well as horizontally, to reflect the City’s classification structure that was developed during the classification phase of the study.

Deliverable E. Compensation Structure and Implementation Plan Depending on data developed as a result of the internal analysis, we will review and make recommenda- tions regarding internal alignment and the salary structure (set of salary ranges, salary differentials, steps within ranges, and/or alternative compensation plans) within which the classes are allocated, based upon the City’s preferred compensation model. In addition, we will develop externally competitive benefit comparisons for all classifications. We will also assist the City in developing a compensation philosophy and practices relative to the surveyed public jurisdictions, if desired. Finally, we will develop a proposed implementation plan based on the study results and recommendations.

We will conduct a competitive pay analysis using the market data gathered to assist in the determination of external pay equity and the recommendation of a new base compensation structure, if desired. We will conduct a comparative analysis to illustrate the relationships between current pay practices and the newly determined market conditions and develop solutions to address pay equity issues, analyze the financial impact of addressing pay equity issues, and create a market adjustment implementation strategy supporting City goals, objectives, and budget considerations.

Draft recommendations will be discussed with the Study Project Team and management for discussions and decisions on overall pay philosophy and the practicality of acceptance a nd prior to developing an Interim Report.

Deliverable F. Final Report and Guidelines for Implementation Volume II (Draft Interim Report of the Compensation Study) will be completed and submitted to the Study Project Team for review and comment. The report will provide detailed compensation findings, documentation, and recommendations. The report will include:
 An executive summary of the compensation study results;  A set of all market data spreadsheets;
 A procedure to address employees whose base pay exceeds the maximum of their newly assigned pay range;
 Implementation issues and cost projections surrounding our recommendations; and  A guide for rules, policies and procedures for the City in implementing, managing and maintaining the compensation system, as appropriate.

Once all of the City’s questions/concerns are addressed and discussed, a Final Classification and Compensation Report will be created and submitted in the City’s preferred format. The Final Report will incorporate any appropriate revisions identified and submitted during the review of the draft report.

Deliverable G. Formal Appeals Process
Should the City have an formal appeals process regarding the allocation of positions to classifications and of classifications to salary ranges, this proposal does not cover time regarding a formal appeal process.

Should our on -site participation be desired, our stated composite hourly rate will be honored. As mentioned above, however, our internal process usually addresses any of these issues.

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37 Deliverable H. Final Presentation
Our proposal includes multiple meetings and weekly oral and written status/progress updates to the Study Project Team. Regarding the involvement of the City Council, etc., we recommend at least one initial meeting to confirm/identify the comparator agenci es to be included in the study, one interim study session (to discuss the initial findings of the compensation study), and one final presentation of our Final Report. Of course, we are flexible regarding having more or less interaction with the Council, based on the City’s preferences.

PHASE III: ORGANIZATIONAL STUDY
Deliverable A: Initial Documentation Review/Meeting with Project Team As described in Phase I above, t his phase includes identifying the key client project team, contract administrator, and reporting relationships. Our team will meet with the client team to create the specific work plan and work schedule; reaffirm the primary objectives; determine deadline dates; determine who will be responsible for coordinating/scheduling communications with employees and management; and develop a timetable for conducting the same. Also included will be the gathering of written documentation including assembling the current organizational charts, class descriptions, operational budgets, docu mentation on current operational practices, information regarding in -house and outsourced/contracted services, and any other relevant documentation.

This initial step will also include a discussion of our methodology and the components of the survey instrument that will be used when comparing the City to other, comparable agencies. We will meet with City Management to discuss the major elements of the study and which areas (organizational, operational, etc.) will be studied. We are flexible regarding the inclusion of employees and/or employee representation and have found that their buy-in throughout the process usually avoids conflict at the end of the study.

Deliverable B: Survey Instruments
For the organizational and operational best practices market survey, we will develop a survey instrument/questionnaire to ensure that the right questions are asked. The study will include questions regarding organizational structure, ratios of staffing, and other resources to assignments and expected work products, as well as best management practices.

It is our recommendation to review the survey instrument/ques tionnaire in a collaborative manner including management and employees (and/or employee representation, if the City is open to this approach). Again, the more stakeholder buy -in that can be obtained at the front -end regarding the structure and process of the study, the more successful the final outcome of the study will be.

An additional value -added tool that K&A utilizes in order to assess organizational satisfaction and engagement, is an online survey that is completed anonymously by all City employees. We would recommend this approach to provide additional opportunities for the City’s workforce to communicate what works and what doesn’t work organizationally and operationally.

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38 Deliverable C: PDQ Verification and Employee/Supervisory/Management Focus Groups/Interviews The Position Description Questionnaires completed by employees during the classification study will be designed to include specific information regarding roles, duties, responsibilities; processes, ef ficiencies, and time/frequency; and competencies, knowledge, skills, and abilities required to perform jobs successfully.

Upon receipt of the questionnaires, they will be reviewed and analyzed along with other documentation, including any information regarding time keeping, efficiency measurements, and process descriptions. As mentioned above, the goal is to identify certain trends regarding processes, efficiencies, staffing, and what works and what doesn’t work within each functional area of assignment.

In addition, we will analyze the results of the anonymous online survey and identify trends regarding organizational strengths and weaknesses.

Based on those trends, we would then design which types of focus groups will be needed to delve into those trends and obtain more information. The assumption is that some individual employee interviews may be needed to clarify certain information that was contained, or perhaps we found to be missing, in the PDQs.

Focus group meetings/interviews will also be held with supervisory and management staff, who will clarify their own responsibilities as well as confirm the information we have received in the focus groups/interviews with their staff. Some focus groups may include both employees and management, depending on what the goal for that particular focus group is. Interviews will also be conducted with each Board member to ascertain what their perspectives, goals, and objectives are from the organizational study.

During interviews with management we wil explore staffing levels required for various scenarios including, 1) to take over maintenance and operation of City-owned sewer lift station and 2) to perform maintenance and replacement of sewer laterals. We will evaluate the sanitation program structure including an analysis of what the City’s contracted hauler’s roles and responsibilities are versus what the City’s roles and responsibilities are.

These interviews and focus groups will be consolidated with the interviews for classification purposes as described in Phase I above. Essentially, we will expand interview times with individual employees, managers, and groups, as necessary.

Deliverable D. Determination of Comparator Agencies
The selection of comparator agencies is considered a critical step in the study process and will be conducted concurrently with the selection of comparators for compensation survey purposes. Using the following factors to identify appropriate comparators, we will receive approval before proceeding with the survey. The factors that we review when selecting and recommending appropriate comparator agencies include:
 Organizational type and structure – While various agencies may provide overlapping services and employ some staff having similar duties and responsibilities, the role of

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39 each agency is somewhat unique, particularly in regard to its relationship to the citizens it serves and level of service expectation.
 Similarity of population served, City demographics, City staff, and operational and capital improvement budgets – These elements provide guidelines in relation to resources required (staff and funding) and available for the provision of agency/departmental services. They also speak to the diversity of the community that they serve and the common issues that the City might face to best serve that community.
 Scope of services provided – While having an agency that provides all of the services at the same level of citizen expectation is ideal for comparators, as long as the majority of services are provided in a similar manner, sufficient data should be available for analysis.

As you can see, these factors overlap with those that we analyze when selecting comparator agencies for compensation survey purposes. The main difference is that cost of living or cost of labor are not as important when selecting survey agencies for an organizational assessment because compensation is not a factor for this particular purpose. Therefore, the group of survey agencies for the compensation study and the organizational assessment may overlap but may not be the same. We want to be sure that, for the organization al assessment, we include agencies that the City finds to be on the cutt ing edge of technologies, processes, and innovation. That may include agencies that are not located within the City’s general geography. We usually find that surveying up to eight (8) agencies will provide sufficient market data for the organizational assessment.

Deliverable E: Industry/Market Data Collection

As with the compensation study, we conduct all of the data collection and analysis ourselves to ensure validity of the data and quality control. This data collection process will be combined with the compensation survey data collection.

Typically, we collect organizational charts, classification descriptions, employee allocation lists, policies and procedures, and other information via websites or in person, by telephone, or email. With this prior knowledge and our experience in the public human resources field, our professional staff will then schedule appointments with knowledgeable individuals to answer specific questions. We find that the information collected using these method s has a very high validity rate and is generally substantiated before management, employees, employee representation, as well as governing bodies.

The goal of the industry/market survey is to obtain information on the following:

 Organizational structure, reporting relationships, span of control, and staffing levels;  Operational and customer service requirements;
 Outsourcing and in-sourcing practices per functional area of assignment;  Resources available, including human, financial, and technological resources; and,  Best management practices and standards.

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40 Deliverable F: Data and Trend Analysis

Surveying up to eight (8) similarly sized comparator agencies should yield sufficient data and information to identify industry/market trends. Especially including agencies in the study that are known to be on the cutting edge of providing the highest quality services will uncover trends for best management practices that will be invaluable to the City.

We will analyze the data and trends from the market survey and incorporate those into our recommendations for organizational changes.

Deliverable G: Recommendations for Organizational and Operational Changes

Depending on the results of the internal and external assessments (classification study and market survey, respectively), we will develop specific recommendations for organizational and operational changes. The goal is to recommend an organizational structure and/or designation of work units/teams designed to maximize staffing efficiency and clarify organizational roles. Recommendations and implementation strategies will include the following (as appropriate):

 Organizational restructuring, including lines of authority and reporting responsibility, span of control, and functional unit designation ; this may include new positions and is designed to optimize resources to carry out the master planning objectives of the City to adequately maintain and operate its water and sewer systems;  Reviewing workload to determine appropriate job classification allocation and staffing levels that represent the optimal number of employees in each classification , including areas of over - or under-staffing, including management and field staff, and options for structural reorganization;
 Focusing on process improvement and maximizing efficiency to include the flexibility to incorporate changes in technology;
 Streamlining classification series/progressions, and re -organizing functional areas of assignment;
 Staffing levels, including ratios of “rank -and-file” staff to supervisory and management staff;
 Outsourcing and in -sourcing opportunities, including areas of assignment at the divisional, functional, and specific task levels;
 Process efficiencies, includin g redundancies and deficiencies as well as assignments of functions and tasks;
 Staffing levels required for various scenarios including, 1) to take over maintenance and operation of City -owned sewer lift station and 2) to perform maintenance and replacement of sewer laterals;
 Evaluation of the sanitation program structure including an analysis of what the City’s contracted hauler’s roles and responsibilities are versus what the City’s roles and responsibilities are;
 Forecast ten (10) year organizational structure including staffing based on the City’s continued development and expansion of the water and sewer infrastructure , including trigger points for adding additional positions such as addition of a certain mileage of pipe, additional water treatment plant or sewer lift station, increased DDW treatmen t rating, CalRecycle regulations, water conservation regulations, etc.; and

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41  Best management practices, including trends observed in the identified survey market as well as a transition roadmap from current practices to industry best practices, as appropriate.

It should be noted that the development of recommendations and, especially, implementation strategies will be a collaborative process involving the project team and management. We are most receptive to project team and management input, especially wh en it comes to the organizational and operational realities of addressing potential City deficiencies and implementing organizational changes.

Draft recommendations and implementation plans will be discussed with the project team and management prior to developing an Interim Report.

Deliverable H: Discussion and Revision of Findings

We will share our findings and recommendations with departmental stakeholders before our report, recommendations, and implementation plans are finalized. Our experience has been that this can be one of the most critical phases of the project to ensure that deliverables are vetted through the individuals who are most familiar with departmental operations. The review process will include one or more workshops with City/Department management.

Deliverable I: Interim and Final Reports

A Draft Interim Report of the Organizational Study (Volume III) will be completed and submitted to the City for review and comment. The report will provide detailed internal and exte rnal survey findings, documentation, and recommendations. The report will include a set of all survey instruments and documentation, data and trend analysis results, as well as recommendations and the implementation issues surrounding our recommendations.

Once all of the City’s questions/concerns are discussed and addressed, a Final Compensation and Organizational Review Report will be created and submitted in bound format. The Final Report will incorporate any appropriate revisions identified and submitted during the review of the draft report.

Deliverable J: Final Presentation

Our proposal includes multiple meetings and conference calls and weekly oral and/or written status/progress updates to the Study Project Team. We will also be prepared to develop and present our reports and future impacts of any recommended changes to the Study Project Team, General Manager as well as other City management staff, if desired.

Regarding the involvement of the Board of Directors, we are flexible regarding more or less interaction with the Board of Directors, based on the City’s preferences. Each agency we work with is different in this regard and we will easily adapt to your preferred approach.

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01225.0001/458446.1 B-1
EXHIBIT “B”

SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
III. Section 7.7, Liquidated Damages is hereby deleted in its entirety.

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01225.0001/458446.1 C-1
EXHIBIT “C”

SCHEDULE OF COMPENSATION
I. Consultant shall be compensated for the services provided under this Agreement in accordance with the budget and rates provided in Exhibit “C-1”.

II. Within the budgeted amounts for each Task, and with the approva l of the Project Manager, funds may be shifted from one Task subbudget to another so long as the Contract Sum is not exceeded per Section 2.1, unless Additional Services are approved per Section 1.10.

III. The City will compensate Consultant for the Services performed upon submission of a valid invoice, as described in Section 2.4.

IV. The total compensation for the Services shall not exceed the Contract Sum, as provided in Section 2.1 of this Agreement.

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3 in from a phone to participate. This approach also represents significantly less logistical planning on part of the client in order to reserve meeting rooms and making space available for large employee groups, as well as multiple consultants coming onsite to conduct interviews within a condensed period of time.

Conducting orientations and interviews virtually provides us with much more flexibility in scheduling and accommodating multiple different shifts and schedules among a large workforce.

In addition, K&A strives to be as “green” an organization as possible and we are certainly concerned about our carbon footprint. We find that multiple trips to client sites that can sometimes involve multiple consultants flying on planes and/or driving cars, is not as environmentally conscious as we would like to be. Considering the effectiveness of virtual meetings, especially when meetings are only one hour or one- and-a-half hours at a time, onsite travel does appear to create a larger footprint than necessary. This can especially be true for final presentations to leadership teams that are often less than 60 minutes long.

For purposes of this cost proposal, we are presenting two cost options, one option assuming that all meetings and presentations will be conducted virtually and no onsite travel will occur vs. one option assuming that meetings, orientations and interviews will be conducted in-person onsite at City offices.

Deliver-
ables Phase 1: Classification Study
Option 1:

Without
Onsite
Travel:

Hours
Option 2:

WITH
Onsite
Travel:

Hours
A. Meetings with Study Project Team and Management Staff and Initial Documentation Review 8 16
B. Orientation Meetings with Employees and Distribution of PDQ 8 16 C. Collection and Review of PDQs (assumes up to 60 PDQs) 25 25 D. Interviews with Employees, Supervisors, and Management 50 60 E. Classification Concept & Preliminary Allocation 30 30 F. Draft Class Description Development (assuming up to 35 classifications) 90 90
G. Facilitation of Draft Class Description Review and Employee Feedback Process 30 30
H. Classification Plan and Draft of Interim Report and Final Report 12 12 Total Professional Hours – Classification 253 279

Combined professional and clerical composite rate: $165/Hour $41,745 $46,035 Deliver-
ables
PHASE II:

Total Compensation Study
Option 1:

Without
Onsite
Travel:

Hours
Option 2:

WITH
Onsite
Travel:

Hours
A. List of Comparator Agencies, Benchmark Classifications, and Benefits to be Collected 15 15
B.

Data from Comparators and Preliminary Analysis of Data (this assumes up to 12 comparator agencies and up to 25 benchmark classifications)
100 100

11.11.a
Utility Class and Compensation Study
Packet Pg. 135
Classification, Compensation and Organizational Study Cost Proposal City of Chino RFP#20217050

2835 Seventh Street, Berkeley, California 94710 | 510.658.5633 | www.KoffAssociates.com

4 C. Draft Compensation Findings/Additional Analysis/Study Project Team Meetings 20 28
D. Analysis of Internal Relationships and Alignment 5 5 E. Compensation Structure and Implementation Plan 10 10 F. Final Report and Guidelines for Implementation 12 12 G. Formal Appeals Process * 0 0
H. Final Presentation 6 6
Anticipated hours for additional unscheduled meetings and phone calls 8 16 Total Professional Hours – Compensation 176 192

Combined professional and clerical composite rate: $165/Hour $29,040 $31,680 Deliver-
ables
PHASE III:

Organizational Study
Option 1:

Without
Onsite
Travel:

Hours
Option 2:

WITH
Onsite
Travel:

Hours
A. Initial Documentation Review/Meeting with Project Team 6 14 B. Survey Instruments 8 8
C. PDQ Verification and Employee/Supervisory/Management Focus Groups/Interviews
20 28
D. Determination of Comparator Agencies 5 5
E. Industry/Market Data Collection 40 40
F. Data and Trend Analysis 20 20
G. Recommendations for Organizational and Operational Changes 24 24 H. Discussion and Revision of Findings 12 20
I. Interim and Final Reports 30 30
J. Final Presentation 4 4
Additional meetings with the Project Team, and management 4 12 Total Professional Hours 173 205

Combined composite rate: $165/Hour $28,545 $33,825

Expenses (included in our composite hourly rate): N/A N/A Expenses include but are not limited to duplicating and binding documents and reports, phone, supplies, postage, mileage, etc.

TOTAL NOT-TO-EXCEED COST FOR ORGANIZATIONAL
REVIEW PROJECT: $99,330 $111,540

*Additional consulting will be honored at composite rate of $165/hour

11.11.a
Utility Class and Compensation Study
Packet Pg. 136

01225.0001/458446.1 D-1
EXHIBIT “D”

SCHEDULE OF PERFORMANCE
I. Consultant shall perform all services and deliver all work products timely in accordance with the following schedule:
*Finalized deadline dates w ill be contingent upon actualized schedules, which shall be approve d by the Project Managers. Consulta nt will coordinate with City a nd Project staff to ensure timely comp letion of services and adherence to approved task schedules.

II. The Project Manager may approve extensions for performance of the s ervices in accordance with Section 3.2.

11.11.a
Utility Class and Compensation Study
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Revenue: Expenditure:

Transfer In: Transfer Out:

M E M O R A N D U M

CITY OF CHINO

ADMINISTRATION DEPARTMENT

COUNCIL MEETING DATE: FEBRUARY 1, 2022

TO: CITY COUNCIL MEMBERS, CITY OF CHINO

FROM: EUNICE M. ULLOA, MAYOR

SUBJECT: PLANNING COMMISSION APPOINTMENTS.

RECOMMENDATION
Ratify the appointments of Kevin Cisneroz, Lissa Fraga, and Lawrence Vieria to the Planning Commission for terms ending January 1, 2026.

FISCAL IMPACT
There is no fiscal impact associated with this action.

12.12 MAYOR AND COUNCIL REPORTS
Packet Pg. 138
COUNCIL MEETING DATE: FEBRUARY 1, 2022
SUBJECT: PLANNING COMMISSION APPOINTMENTS
PAGE 2

BACKGROUND
The Chino Planning Commission is a seven -member board that oversees and advises the City Council on specific quality of life issues. The Planning Commission reviews land uses, approves development projects, and offers guidance on all planning -related issues. Pursuant to Chino Municipal Code Section 2.3 6.020, members of the Planning Commission are appointed by the Mayor with the approval of the City Council and serve for a term of four years.

At the November 16, 2021, meeting the City Council considered and approved a schedule, application, and interview process to fill three members' terms on the Planning Commission scheduled to expire on January 1, 2022.

ISSUES/ANALYSIS
Per the appointment process detailed and approved on November 16, 2021, the City began accepting applications from incumbents and interested residents for the Planning Commission.

In January, Mayor Ulloa and Council Member Pocock, who is the Council liaison to the Planning Commission, interviewed all eligible applicants. After interviewing the applicants, Mayor Ulloa and Council Member P ocock selected Kevin Cisneroz, Lissa Fraga, and Lawrence Vieria for appointment to the Planning Commission. Per Chino Municipal Code Section 2.36.020, after an appointment is made, the City Council must ratify or approve said appointments.

Therefore, per the recommendations/appointments made by the Mayor and the respective City Council liaison, it is recommended that the City Council approve/ratify the appointments of Kevin Cisneroz, Lissa Fraga, and Lawrence Vieria to the Planning Commission for terms ending January 1, 2026.

12.12 MAYOR AND COUNCIL REPORTS
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