Those persons wishing to speak on any item included on the ag enda, or on any matter within the subject matter jurisdiction of the City Council, are invited fill out and submit to the Ci ty Clerk a “Request to Speak” form (name and address optional) which is available at the entrance to the City Council Chambers .
Additionally, members of the public may submit electronic inquiries or comments by submitting emails to [email protected]
If you require a reasonable accommodation to participate in this meeting per your rights under the Americans with Disabilities Act or for any other reason, 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 will 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 we bsite 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 OCTOBER 4, 2022
OPEN SESSION – 7:00 PM
AGENDA
ROLL CALL
Mayor Eunice M. Ulloa, Mayor Pro Tem Marc Lucio, Council Member Karen C. Comstock, Council Member Christopher Flores, Council Member Walt Pocock.
FLAG SALUTE
CEREMONIALS
Proclamations
Domestic Violence Awareness Month - October 2022
Community Planning Month - October 2022
Fire Prevention Week - October 9-15, 2022
Presentations
Business of the Month October 2022 - Golden Empire Mortgage Mayor's Home Beautification Award - October 2022
CHINO CITY COUNCIL
OCTOBER 4, 2022 2
AGENDA ADDITIONS/REVISIONS
PUBLIC ANNOUNCEMENTS
This is the time and place for the Mayor to inform the public of all upcoming events and past occurrences of communitywide interest and concern.
PUBLIC COMMENTS
This is the time and place for the general publi c 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 2.04.09 0) limits speakers to no more than five (5) minute s 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 Consent 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 761908 to 762081, and Electronic Fund Transfers 515956E to 516015E, totaling $3,602,880.90.
2. Minutes. Regular Meeting of September 20, 2022 (All Members Present).
3. Elected City Officials’ Report Regarding Travel, Training, and Meetings . Receive and file the Elected City Off icials' Report reflecting City Council business related expenses incurred by the City and forecast of future events and trainings.
4. Housing Fund Appro priation and Agreement with Inland Fair Housing and Mediation Board .
Appropriate Housing funds and App rove Professional Services Agreement with Inland Fair Housing and Mediation Board for Landlord/Tenant Mediation Services in the amount of $15,000.
5. 2022 Office of Traffic Safety Selective Traffic Enforcement Program (STEP) Grant . Authorize the acceptance of the 2022 Office of Traffic Safety STEP Grant in the amount of $160,000 for overtime, travel expenses, and other direct costs associated with DUI an d other related enforcement measures.
6. Fiscal Year 2020 Homeland Security Grant Program . Authorize the acceptance of the Fiscal Year 2020 Homeland Security Grant Program (HSGP) in the amount of $24,975 to purchase incident streaming technology.
7. Road Maintenance and Rehabilitation Account Project List for Fiscal Year 2022 -23. Adopt Resolution No. 20 22-068 approving the Road Maintenance and Rehabilitation Account Project List for Fiscal Year 2022 -23 to be funded by SB 1: The Road Repair and Accountab ility Act of 2017.
8. Amendment to Professional Services Agreement for the 2021 -2029 Housing Element U pdate - Kimley-Horn and Associates Inc. Approve an amendment to the Professional Services Agreement with Kimley-Horn and Associates, Inc. in the amount o f $25,000 for a not to exceed amount of $221,315 for the 2021 -2029 6th Cycle Housing Element Update and other related planning services.
CHINO CITY COUNCIL
OCTOBER 4, 2022 3
9. Amendment to Measure I Capital Improvement Plan for Fiscal Year 2021 -2022. Adopt Resolution No. 2022 -070 amending Resolution No. 2021 -066 to revise the Measure I Capital Improvement Plan for Fiscal Year 2021-2022.
10. The Preserve Development Agreement – Partial Assignment and Assumption - Lennar Homes of California, LLC. Approve a Partial Assignment and Assumption of the Preserve Development Agreement between the City of Chino, a municipal corporation; Chino Develop ment Corporation, a California corporation; and Lennar Homes of California, LLC.
11. Final Acceptance of Public Improvements - PL17-0115 and PL17-0118 (Canyon Ridge Hospital, Inc.). Accept the public improvements constructed by Canyon Ridge Hospital, Inc ., located at 5353 G Street as complete.
M _____ S _____ RC _____
PUBLIC HEARING
Prior to the vote of the City Council, any member of the audience will have the opportunity to address Council on any items listed under Public Hearings. Council reque sts, but it is not required, that you state your name and address prior to making any remarks.
12. Annexation to the Landscape and Lighting District for the Medical Offices Project at 5143 D Street (PL19-0090). Approve Resolution No. 2022 -064 ordering the annexation of PL19 -0090 into the Landscape and Lighting District No. 2002-1 (Annexation/Zone No. 92) located on D and 5th Streets.
Staff Report by: Jesus Plasencia, Assistant City Engineer.
RECOMMENDATION: 1) Conduct a public hearing; 2) approve Resolutio n No. 2022 -064 ordering the annexation of PL19 -0090 into the Landscape and Lighting District No. 2002 -1 (Annexation/Zone No. 92); and 3) authorize the Ci ty Manager to execute the necessary documents on behalf of the City.
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NEW BUSINESS
13. Introduction of Ordinance No. 2022 -016 Amending Chapters 5.04, 5.20, and 5.24 of the Chino Municipal Code Regulating Business License . Introduction of Ordinance Amending Chapters
5.04, 5.20, and 5.24 of the Chino Municipal Code Regulating Business License Staff Report by: Nikki Love, Billing Manager.
RECOMMENDATION: Approve the Introduction of Ordinance No. 2022 -016 amending the Chino Municipal Code regulating Business Licensing, to be read by number and title only, and waive further reading of the Ordinance.
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CHINO CITY COUNCIL
OCTOBER 4, 2022 4
14. Water and Wastewater Rate and Solid Waste and Recycling Rate Study . Award and authorize a contract to Raftelis Financial Consultants, Inc. for utility rates study.
Staff Report by: Nikki Love, Billing Manager.
RECOMMENDATION: Award and authorize a contract with Raftelis Financ ial Consultants, Inc., Pasadena, CA, for 1) Water and Wastewater Rate Study services for $91,471; 2) Solid Waste and Recycling Rate Study services for $48,704 for fee and expenses; $6,320 franchise fee, and a 10% contingency of $4,871 totaling contract amount not to exceed $59,895; for a total amount of $151,366; and 3) authorize the City Manager to execute all necessary documents on behalf of the City.
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15. Preserve Sewer Lift Station, Force Main and Gravity Line Annual Reconc iliation of Sewer Credits Fiscal Year 2021 -22 (Chino Development Corporation) . Approve the annual Sewer Development Impact Fee credit reconciliation in the amount of $400,000 for the Preserve Sewer Lift Station, Force Main, and Gravity Line.
Staff Report by: Sylvia Ramos, Associate Engineer.
RECOMMENDATION: 1) Appropriate $400,000 from the unappropriated reserves of the Sewer Fund 530 and schedule a corresponding year -end transfer in the same amount from The Preserve Sewer Development Impact Fee Fund 262; 2) approve a reimbursement in the amount of $400,000 to Chino Development Corporation for The Preserve Sewer Lift Station, Force Main and Gravity Line project; 3) authorize Sewer Development Impact Fee Credits in the amount of $890,424 issued to Chino Development Corporation for properties in The Preserve; 4) apply the Sewer Development Impact Fee Credits and reimbursement to the balance owed to Chino Development Corporation per th e terms of the Agreement, bringing forward the remaining balance owed to Chin o Development Corporation in the amount of $5,219,887.44; and 5) authorize the City Manager to execute all necessary documents on behalf of the City.
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16. Community Services Commission Member At -Large. Consider the reappointme nt of Community Services Commissioner Gregory Marquez.
Staff Report by: Silvia Avalos, Director of Community Services.
RECOMMENDATION: Approve the recommendation of the Community Services Commission and ratify the reappointment of Community Services Commis sioner Member At -Large Gregory Marquez for a three-year term ending June 30, 2025 and direct the City Clerk to administer the Oath of Office.
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MAYOR AND COUNCIL REPORTS
This is the time and place for the Mayor and Council Members to report on prescheduled 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
Mayor Pro Tem Lucio
CHINO CITY COUNCIL
OCTOBER 4, 2022 5
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, October 18, 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 Chino, hereby declare that on Thursday, September 29, 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 webs ite at www.cityofchino.org by myself or under my direction.
_______________________________________
Angela Robles, City Clerk.
3.a
Proclamation Community Planning Month
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3.a
Fire Prevention Week
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3.a
Mayor's Home Beautification Award - October 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: OCTOBER 4, 2022
TO: LINDA REICH, CITY MANAGER
FROM: ROB BURNS, DIRECTOR OF FINANCE
SUBJECT: WARRANTS.
RECOMMENDATION
Approve expenses as audited and within budget for warrants 761908 to 762081, and Electronic Fund Transfers 515956E to 516015E, totaling $3,602,880.90.
FISCAL IMPACT
Sufficient funds have been included in the Fiscal Year 21-22 and 22-23 Operating Budgets.
CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES:
The recommendation detailed above further s the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
• Financial Stability
7.1 CONSENT CALENDAR
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COUNCIL MEETING DATE: OCTOBER 4, 2022
SUBJECT: WARRANTS
PAGE 2
BACKGROUND
As prescribed by Government Code Sections 37202 and 37208, the following demand registers are herewith submitted for Council ratification:
NO. WARRANTS DATE FY AMOUNT
1. 761908 – 761985 9/1/22 22-23 $312,338.49
2. 761986 – 761994 9/1/22 21-22 $371,009.39
3. 761995 – 762079 9/8/22 22-23 $1,204,576.14
4. 762080 – 762081 9/8/22 21-22 $235,963.70
5. 515956E – 515997E 9/2/22 22-23 $154,180.15
6. 515998E – 516001E 9/2/22 21-22 $94,764.10
7. 516002E – 516015E 9/9/22 22-23 $1,230,048.93
E: Electronic Fund Transfers
TOTAL $3,602,880.90
ISSUES/ANALYSIS
See attached exhibit for detailed information on warrants exceeding $50,000.
RB:hm
Attachment: Exhibit 1
7.1 CONSENT CALENDAR
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Council Meeting 10/4/22
CITY OF CHINO
A/P Warrant Register Over $50,000
Check
Number
Check Date Vendor Name Description Amount
761936 09/01/2022 WAYNE MCAFEE PROFESSIONAL CONSULTING SERVICES $66,550.00 761946 MORTON SALT, INC. PURCHASE BULK SALT $72,406.90 761990 INLAND EMPIRE UTILITIES AGENCY RECYCLED WATER $253,606.60 761994 SULLY-MILLER CONTRACTING STREET REHAB CONSTRUCTION SERVICES $75,049.86 516000 09/02/2022 T & T INVESTMENTS LLC CITY CONSIDERATION 4/1/22-6/30 $75,080.60 762049 09/08/2022 PACIFIC HYDROTECH CORPORATION EWTF EXPANSION $739,841.42 762063 SO CAL EDISON CO SERVICE PERIOD 08/01-08/29 $293,297.01 762080 CHINO VALLEY UNIFIED SCHOOL DISTRICT CVUSD - CHINO HS RECONSTRUCTION $214,908.84 516004 09/09/2022 CHINO VALLEY INDEPENDENT FIRE DISTRICT FIRE PROTECTION SERVICES-SEPTEMBER $1,187,338.00
9 TOTAL $3,653,807.23
7.1.a
Warrants
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CHINO CITY COUNCIL
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
REGULAR MEETING – CITY HALL COUNCIL CHAMBERS
13220 CENTRAL AVENUE
CHINO, CA 91710
TUESDAY SEPTEMBER 20, 2022
CLOSED SESSION – 6:00 PM
OPEN SESSION – 7:00 PM
MINUTES
CALL TO ORDER
The September 20, 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, Mayo r Pro Tem Marc Lucio, Council Member s Karen C.
Comstock, Christopher Flores, and Walt Pocock.
ABSENT: None
CLOSED SESSION PUBLIC COMMENTS
There were no requests to speak.
CLOSED SESSION
City Attorney Fred Galante read into the record the items listed on the Closed Session agenda.
CONFERENCE WITH LEGAL COUNSEL- ANTICIPATED LITIGATION
Initiation of litigation pursuant to Paragraph (4) of Subdivision (d) of Government Code Section 54956.9.
Number of Cases: One Case
CONFERENCE WITH REAL PROPERTY NEGOTIATOR.
Pursuant to Government Code Section 54956.8.
Property: 13191 and 13179 9th Street (APN 102026-101-0000 and 102026-102-0000) Agency Negotiator: Dr. Linda Reich, City Manager
Negotiating Parties: McCombs Allen P. Trust
Under Negotiations: Price and terms of potential acquisition The City Council recessed to Closed Session at 6:03 p.m. and concluded at 6:55 p.m.
The City Council reconvened the meeting at 7:04 p.m.
FLAG SALUTE
Council Member Comstock led the assembly in reciting the Pledge of Allegiance.
7.2 CONSENT CALENDAR
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CHINO CITY COUNCIL
SEPTEMBER 20, 2022 2
REPORT OUT OF CLOSED SESSION
City Attorney Fred Galante reported out of closed session as follows:
CONFERENCE WITH LEGAL COUNSEL- ANTICIPATED LITIGATION
Initiation of litigation pursuant to Paragraph (4) of Subdivision (d) of Government Code Section 54956.9.
Number of Cases: One Case
The City Council received a briefing and no further reportable action was taken.
CONFERENCE WITH REAL PROPERTY NEGOTIATOR.
Pursuant to Government Code Section 54956.8.
Property: 13191 and 13179 9th Street (APN 102026-101-0000 and 102026-102-0000) Agency Negotiator: Dr. Linda Reich, City Manager
Negotiating Parties: McCombs Allen P. Trust
Under Negotiations: Price and terms of potential acquisition
The City Council discussed the potent ial acquisition, provided direction, and no further reportable action was taken.
AGENDA ADDITIONS/REVISIONS
City Manager Dr. Linda Reich reported that there were no agenda additions or revisions.
INFORMATION
Mayor Ulloa announced that the September 2022 Chino Economic Development Report and Legislative Scorecard was included in the agenda packet.
PUBLIC ANNOUNCEMENTS
Mayor Ulloa issued a reminder about the following scheduled community events:
• Teen Cen ter Event “Unplug” (Outdoor Challenges) on Monday, September 26 th from 4:00 p.m. to 6 :00 p.m. and a Career Workshop on Tuesday, September 27 th from 4:30 p.m. to 5:30 p.m. taking place at the Chino Teen Center,13196 Monte Vista Avenue. The Chino Teen Center provides fun and e ducational programming for teens throughout the year and updates on future events a vailable on t he Community Services webpage at www.cityofchino.org/communityservices.
• Chino Halloween Spooktacular on October 31 st, from 4 :00 p.m. to 7:00 p.m . at Ayala Park in Fields 7 -10. T he family-friendly event includes games, crafts, trick or treating, costume contests, free carnival rides, and great food. For more information, contact the Carolyn Owens Commun ity Center a t (909) 334 -3258 or email [email protected].
Mayor Ulloa reported on an increase in mosquitos carrying the West Nile Virus in the region and urged the community to use best practices to alleviate the threat of infection . The community may contact the West Valley Mosquito and Vector Control District at (909) 635-0307 to discuss additional steps or address hazards on their property.
PUBLIC COMMENTS
Pastor Don Porter of CrossPoint Church provided the Invocation.
7.2 CONSENT CALENDAR
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SEPTEMBER 20, 2022 3
Melissa Compani, representing San Bernardino County Supervisor Curt Hagman, announced upcoming events, including document shred ding on Saturday, October 15 th at Ontario Police Department, 2500 S Archi bald Ave. in Ontar io at 9:00 a.m. with pre-registration availab le at sbcshredding.eventbrite.com; and a Veteran’s Claims Event on November 9 th between 10:00 a.m. to 2:00 p.m. at 14010 City Center Drive, Chino Hills.
Zeb Welborn, President Chino Valley Chamber of Commerce, provided Chino Valley Chamber of Commerce updates and information about upcoming events. Mayor Ulloa asked Mr. Welborn to share information about $2.1M in funding received from the County and State for the Upskill Chino Valley Program. Council Member Flores asked Mr. Welborn t o share abou t the Chino Valley Rotary Club 2nd Annual Lob ster Fe st taking place on O ctober 9 th at the Chino Fairgrounds.
Steve Elie, President, Board of Directors, Inland Empire Utilities Agency (IEUA), provided an update and spoke regarding his appreciation of working together with memb er agencies to ensure the water needs in our region are met.
CONSENT CALENDAR
1. Warrants. Approve expenses as audited and within budget for warrants 761705 to 761907, and Electronic Fund Transfers 515871E to 515955E, totaling $3,738,489.62.
2. Minutes. Regular Meeting of September 6, 2022 (All Members Present)
3. Elected City Off icials’ Report Regarding Travel, Training, and Meetings. Receive and file the Elected City Officials' Report reflecting City C ouncil business related expenses incurr ed by the City and forecast of future events and trainings.
4. 2021-2022 Consolidated Ann ual Performance and Eval uation Report . Rec eive a nd file the 2021-2022 Consolidated Annual Performan ce and Evaluation Report, d etailing the Comm unity Development Block Grant program year accomplishments.
5. State o f California Department of Resources Recy cling and Recovery (CalR ecycle) SB 1383 Local Assistance Grant Program. Acceptan ce of CalRecycle Lo cal Assistance SB 1383 Gran t Program (OWR1) Funds in the amount of $125,307 to aid in the implementation of regulations adopted by CalRecycle.
6. Water Sav ings Incentive Program R ebate Acceptance . Accept the Rebate from the Metropolitan Water District's Be Water Wise/So Cal Water Smart Water Savin gs Incentive Program in the estimated amount of $97,450.
7. Measure I Capital Project Needs Analysis Fiscal Yea rs 2023/2024 -2027/2028. Adopt Resolution No. 2022-062, approving the Measure I Five-Year Capital Project Needs Analysis for Fiscal Years 2023/2024-2027/2028.
8. Contract Amendment No. 1 - Right-of-Way and Other Related Surveying Services, Chino Airport (BKF Engineering). Appro ve an amendment in the amount of $44,757.3 2 to BKF Engine ers, Newport Beach, CA for right-of-way and other related land surveying services for a total contract not to exceed $303,273.32.
9. Purchase Order and Vendor Cap Increase - New Tangram Interiors, LLC. Approve a purc hase order to New Tangram Interiors, LLC, Newport Beach, CA in the amount of $33,705 for City Hall Furniture Design Services.
7.2 CONSENT CALENDAR
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CHINO CITY COUNCIL
SEPTEMBER 20, 2022 4
10. Vendor Cap Increase - Towner Filtration. Approve a retroactive FY 21 -22 vendor cap increase to Towner Filtration, Twinsburg, OH in the amount of $3,080.24 for cartridge filters for the Public Works Department.
11. Final Tract Map No. 20248 (Lenna r Homes of California, Inc.). Approve Tra ct Map No. 20248 located south of Academy Street, east of East Preserve Loop, north of Legacy Park Street, and west of Discovery Park Avenue.
12. Richmond American Homes of M aryland, Inc.; a Maryland corporation - Final Tract Map No. 20249 & Subdivision Im provement Agreement . Approve Tract Map No. 2024 9, generally located east of East Preserve Loop, south of Academy Street, west of Discovery Park Avenue, and north of Legacy Pa rk; and approve t he correlating Subdivision Improv ement Agreement with Richmond American Homes of Maryland, Inc., a Maryland corporation.
Moved by Mayor Pro Tem Lucio, seconded by Council Member Flores, and carried on a 5- 0 vote to approve Consent Calendar Items 1 through 12.
AYES: ULLOA, LUCIO, COMSTOCK, FLORES, POCOCK.
NOES: NONE.
ABSENT: NONE.
NEW BUSINESS
13. Sewer Master Plan Update. Receive an update from the City's consultant, Dudek, and adopt the Sewer Master Plan.
Natalie Avila, Associate Engineer, introduced Elizabeth Caliva of Dudek, who provided a report on the Sewer Master Plan.
Mayor Ulloa asked if the Capital Improvement Program (CIP) implementation plan for proposed projects in the Sewer Master Plan would be brought back to City C ouncil, and Ms. Avila confirmed she was correct.
Steve Elie , President, B oard of Directo rs, Inland Empire Utilities Agency (IEUA), provided a public comment regarding the it em, expressing the importance of this plan for the region , and thanked the City for undertaking the Sewer Master Plan to ensure there is no negative impact to the region.
Mayor Ulloa asked ab out the consideration and incorporation of Accessory Dwelling Units (ADUs) in planning for future sewer needs. Ms. Avila explained each ADU application received is carefully reviewed to ensure the discharges will not cause impact to the system and staff will continue to keep a close eye on the matter. Mayor Ulloa inquired about older areas of the City and how ADUs will impact these areas in the future. Ms. Avila confirmed staff is monitoring the areas of concern and Dudek has provided a useful tool to help evaluate those future needs.
Moved by Council Member Flores, seconded by Mayor Pro Tem Lucio, and carried on a 5- 0 vote to 1) receive an update fr om staff and the City's consultant, Dudek, regarding the Sewer Master Plan; 2) adopt the Sewer Master Plan update.
AYES: ULLOA, LUCIO, COMSTOCK, FLORES, POCOCK.
NOES: NONE.
ABSENT: NONE.
7.2 CONSENT CALENDAR
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SEPTEMBER 20, 2022 5
14. Construction Credi t/Reimbursement Agre ement - The Preserve Sewe r Main Improvements.
Approve a const ruction credit/reimbursement agreement with C hino Development Corporation, a California corporation and Chino Preserve Development Corporation, a California corporation for an amount not to exceed $13,1 66,897 for the con struction of sewer main improvements at various locations in The Preserve.
Sylvia Ramos, Associate Engineer, provided a report on the item.
Moved by Council Member Pocock, seconded by Mayor Pro Tem Lucio, and carried on a 5-0 vote to approve a constructi on credi t/reimbursement a greement wit h Chino Development Corporation, a California corpor ation and Chino Preserve Developmen t Corporation, a California corporation for an amou nt not to exceed $ 13,166,897 f or the construction of sewe r main improvements at v arious l ocations in The P reserve; and authorize the City Manager to execute all the necessary documents on behalf of the city.
AYES: ULLOA, LUCIO, COMSTOCK, FLORES, POCOCK.
NOES: NONE.
ABSENT: NONE.
MAYOR AND COUNCIL REPORTS
Mayor Ulloa
Mayor Ulloa congratulated Chino Police Captain Bjelland on his graduation from the FBI Academy and shared news about Cal Baptist University offering a free online college course to High School students with registration required by Friday, September 23, 2022.
Mayor Ulloa reported on the following meetings and events attended since the last meeting that included the Omnitrans and San Bernardino County Transportation Authority Board of Director Meetings; League of Ca lifornia Cities Annual Conference; a water related i nformation meeting regarding the IEUA Chino Basin Project and the City of Ontario’s suggested alternative; Water Facilities A gency Board of Directors meeting; Appropriate Pool Confidential Session and Watermaster Advisory Committee; San Bernardino County Transportation Authority Metro Valley Committee meeting; City Manager and iCreate Professionals meeting regarding upcoming executive and Co uncil retreat and possible future staff traini ngs; meeting held by former Los Angeles Mayor Antonio Villar aigosa regarding transportation pr ojects; meeting with City staff regarding Chino water history and current issues; City Manager meeting; meeting with the City Manager and Assembly Member Rodriguez; and tonight’s City Council Workshop and Closed Session.
Mayor Ulloa shared the Relay for Life event is taking place on October 1, 2022 at Ayala Park.
She wished a happy birthday to Raul Garnica who recently turned 100 years old.
Mayor Pro Tem Lucio
Mayor Pro Tem Lucio reported on the follo wing meetings and events attended since the last meeting that included Chino Valley Fire District 9/11 Remembrance Ceremony; City Manager Meetings; Infrastructure Committee meetings; Track/Van Storage meeting; meeting with Sylvia Orozco regarding her campaign for City Council ; Chino Valley C hamber check ceremony; and today’s City Council Workshop. Mayor Pro Tem Lucio ackno wledged the great work Zeb Welborn has done as President of the Chino Valley Chamber.
7.2 CONSENT CALENDAR
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CHINO CITY COUNCIL
SEPTEMBER 20, 2022 6
Council Member Comstock
Council Member Comstock reported on the follo wing meetings and event s attended since the last meeting that included the League of California Ci ties Conference; City Manager meetings; Infrastructure Committee meet ings; Tr uck/Van storage meeting; and today’s City Council Workshop.
Council Member Flores
Council Member Flor es reported on the ribbon cutting ceremony for Oasis Optom etry. Council Member Flores congratulated Zeb Welborn on his amazing work at the Chino Valley Chamber.
Council Member Pocock
Council Member Pocock reported on the following meetings and events attended since the last meeting that included the City Manage r meeting s; League of Ca lifornia Cities Conference ; Chino Valley Fir e District Board of Directors meeting; Planning Commission meeting; and today’s City Council Workshop.
15. Community Support Contrib ution. Approve communi ty support fund contributions to: Chi no Neighborhood House, Isai ah's Ro ck, UCHOOZ Positive Youth, Chino P olice Offi cers Foundation, Chino Valley Fire Foundation, Inc., and Chino Youth Museum.
Council Member Pocock provided a report on the item.
Moved by Mayor Pro Tem Lucio, seconded by Council Member Comstock, and carried on a 5 -0 vote to approve community s upport fund contri butions to: Chino Neighborhood House ($400), Isaiah's Rock ($400), UCHOOZ Positive Youth ($400), Chino Police Officers Foundation ($400), Chino Valle y Fire Foundation, In c. ($400), and Chino Youth Museum ($500).
AYES: ULLOA, LUCIO, COMSTOCK, FLORES, POCOCK.
NOES: NONE.
ABSENT: NONE.
City Manager's Report.
City Manager Dr. Linda Reich had no report.
City Attorney's Report.
City Attorney Fred Galante announced he would not be in attendance at the next regular City Council meeting, and Assistant City Attorney Bryan Wright Bushman will attend in his place.
Police Chief's Report.
Police Chief Wes Simmons reported on the upcoming Community Emergency Response Team Training in connection with the Chino Valley Fire District taking place October 21 – 23, 2022; provided information on recent crime analy tics; and discussed Police Officer recruiting and retention at the request of Mayor Pro Tem Lucio.
Council Member Comstock inquired a bout the City of Chino comprehensive classification and compensation study, and City Manager Riech reported that it is in process and staff anticipates it will be completed before the labor agreement negotiations begin next year.
7.2 CONSENT CALENDAR
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SEPTEMBER 20, 2022 7
Fire Chief's Report.
Fire Chief Dave Williams reported on ambulance services. He wished Fire District Clerk of the Board Sandra Heney a happy retirement and provided an update on Fire District retirements and recruitments. Chief Williams thanked the City Council for participation at the Fire District ’s 9/11 Ceremony and announced the upcoming Fire District Open House taking place on October 15, 2022 from 9:00 a.m. – 12:00 p.m. at Station 61 5078 Schaefer Ave., Chino, CA 91710 .
Lastly, he congratulated Chino Police Captain Bjelland on his FBI academy gradu ation and shared he completed and received a certificate from the National Fire Academy.
ADJOURN
The meeting adjourned at 8:20 p.m. The next Regular Meeting of th e City Council will be held on Tuesday, October 4, 2022 at 7:00 p.m. (Closed Session at 6:00 p.m. if necessary) in these Council Chambers.
APPROVED AND ADOPTED THIS 4TH DAY OF OCTOBER 2022.
EUNICE M. ULLOA, MAYOR
ATTEST:
ANGELA ROBLES, CITY CLERK
**************************************************
(These minutes are not official until signed.)
7.2 CONSENT CALENDAR
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Revenue: Expenditure: 1002000-43320
Transfer In: Transfer Out:
M E M O R A N D U M
CITY OF CHINO
ADMINISTRATION DEPARTMENT
COUNCIL MEETING DATE: OCTOBER 4, 2022
TO: LINDA REICH, 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 2022-23 Operating Budget.
CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES The recommendation detailed above furthers the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
• Public Service Excellence through Internal and External Partnerships
7.3 CONSENT CALENDAR
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COUNCIL MEETING DATE: OCTOBER 4, 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 expense 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 Agend a 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
October 4, 2022 EXHIBIT A
Event Date Meeting Purpose and
Subject Matter
Location
City Official Attendees
Future Conference, Meeting, and Training events Council Member(s) may attend Event Date Meeting Purpose and
Subject Matter
Location
City Officials that may
attend
October 5, 2022 San Bernardino County
State of the County
Ontario, CA Mayor Ulloa
Council Member Comstock
Council Member Flores
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Revenue: Expenditure: 3106210-40010-G8029
Transfer In: Transfer Out:
M E M O R A N D U M
CITY OF CHINO
DEVELOPMENT SERVICES DEPARTMENT
COUNCIL MEETING DATE: OCTOBER 4, 2022
TO: LINDA REICH, CITY MANAGER
FROM: NICHOLAS S. LIGUORI, AICP, DEVELOPMENT SERVICES DIRECTOR
SUBJECT: HOUSING FUND APPROPRIATION AND AGREE MENT WITH INLAND FAIR HOUSING AND MEDIATION BOARD.
RECOMMENDATION
1) Appropriate $15,000 from the unappropriated reserves of the Housing Fund 310; 2) award a Professional Services Agreement to Inland Fair Housing and Mediation Board, Ontario, CA for Landlord and Tenant Mediation Services for an amount not to exceed $15,000; and 3) authorize the City Manager to execute the necessary documents on behalf of the City.
FISCAL IMPACT
Requires an appropriation of $15,000 from the unappropriated reserves of the Housing Fund 310. There is sufficient fund balance for this appropriation.
CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES:
The recommendation detailed above furthers the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
• Superior Customer Service
• Public Service Excellence through Internal & External Partnerships
7.4 CONSENT CALENDAR
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COUNCIL MEETING DATE: OCTOBER 4, 2022
SUBJECT: HOUSING FUND APPROPRIATION AND AGREEMENT WITH INLAND FAIR
HOUSING AND MEDIATION BOARD
PAGE 2
BACKGROUND
On June 7, 2022 City Council conducted a public hearing and approved the 2022 -2023 One- Year Action Plan for the Community Development (CDBG) Program. This approval included funding recommendations for the program year. The Action Plan outlined activity funding categories including administration, public service, and capital improvement. Each category has a capped percentage of the total award amount for the year with the Administration program capped at 20%.
Historically, the City has contracted with the Inland Fair H ousing and Mediation Board as a CDBG sub -recipient to provide housing services. These services consist of two agreements.
One for fair housing services including education and outreach, and the second activity including landlord/tenant mediation and counse ling services. Both activities have been categorized under Administration and have successfully been funded and reported to HUD on an annual basis for many years.
On August 3, 2022, upon review of our 22 -23 Action Plan, the City was informed by our HUD representative that the landlord/tenant activity was ineligible under the Administration category based on HUD regulations 570.206 Program Administrative Costs. Although fair housing activities are allowed under Administration, landlord/tenant mediation services should be funded as a public service. Although in the past this activity has been funded under Administration, we were asked to remove the activity for the 22 -23 program year or to amend the Action Plan accordingly to fund under public service.
ISSUES/ANALYSIS
In response to HUD’s request, City staff is recommending the removal of the landlord/tenant activity from the 22-23 CDBG program year. In doing so, the remaining CDBG funding activities will continue without the interruption of an amendment to th e Action Plan thus maintaining the continuity of excellent customer service to our residents.
To prevent a gap in services and to maintain excellence through external partnerships, staff is recommending the City fund the tenant/landlord mediation activity for the 22 -23 program year utilizing unrestricted affordable housing funds in the amount of $15,000. In doing so, a new agreement will be executed to provide the services that were identified previously as part of the CDBG program thus allowing the contin uation of client coordination between the two activities provided by the Inland Fair Housing and Mediation Board.
To remedy this issue, these services will be funded under public service in subsequent years thus providing ample time to reallocate funding activities based on the priority of needs identified during the CDBG funding review process.
Staff is seeking the appropriation of $15,000 from the affordable housing fund and the approval of a professional services agreement with the Inland Fair Housing an d Mediation Board not to exceed $15,000 to continue fair housing services for landlord/tenant mediation.
Exhibit A – Inland Fair Housing and Mediation Board Contract.
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Contract No.:
Approved: 10/4/2022
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AGREEMENT FOR SERVICES
BETWEEN THE CITY OF CHINO AND
INLAND FAIR HOUSING AND MEDIATION BOARD
THIS AGREEMENT FOR SERVICES (herein “Agreement”) is made and entered into this 1 st day of July 2022 (“Effective Date”) by and between the City of Chino, a Califor nia municipal corporation (“ City”) and Inland Fair Housing and Mediation Board, Ontario, CA (“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 Proposals or Invi tation 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 in Article 1 of this Agreement, 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 considerat ion of the mutual p romises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows:
ARTICLE 1. SERVICES OF CONSULTANT
1.1 Scope of Services.
In compliance with all terms and condit ions of this Agreement, 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, competent, and professional manner, 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 descri bed 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 phras e “highest professional standards ” shall mean those
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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 include d 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 jur isdiction 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 Calif ornia Code of Regulations, Title 8, Section 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 other applic able l aws, 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 therefore subject t o t he 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 (“D IR”) 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) P
revailing Wages . Contractor shall pay prevailing wages to the extent required by Labor Code Section 1771. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages are on file at City Hall and will be made available to any interested party on request. By initiating any work under this Agreem ent, Contractor acknowledges receipt of a copy of the Department of Industrial Relations (DIR) determination of the prevailing rate of per diem wages, and Contractor shall post a copy of the same at each job site where work is performed under this Agreement.
(c) Pen
alty for Failure to Pay Prevailing Wages . Contractor shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to the City, forfeit two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined
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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 t o:
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) A pprentices . 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. Contractor shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Contractor shall provide City with a copy of the information submitted to any applic able 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) E
ight- 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) P
enalties 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 Cont ractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Par t 7, C hapter 1, Article 3 of the Labor Code.
Pursuant to Labor Code section 1815, work performed by employees of Contractor in excess of eight (8) hours per day, and forty (40) hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than one and one-half (1½) times the basic rate of pay.
(h) W
orkers’ Compensation. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment o f compensation to its employees if it has employees. In accordance with the provisions of California Labor Code Section 1861, Contractor certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which requir e every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”
Contractor’s Authorized Initials ________
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(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 w ith 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 contractual prov isions and ensure subcontractor's compliance, including without limitation, conducting a review of the certified payroll records of the subcontractor on a periodic basis or upon becoming aware of the failure of the subcontractor to pay his or her worke rs t he 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 lice nses, permits and 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 i nterest, which 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, assessments, 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 carefully 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 Scope of Services includes the provision and/or installation of any software, computer system, or other computer technology, Consultant represents and warrants that it has 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 t he City. Consultant acknowledges that the City is relying on the representation by Consultant as a material consideration in entering into this Agreement.
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1.8 Care of Work.
The Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until accept ance 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 Agreement. Both par ties 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 responsible 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 specified in t he Scope of Services 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 approval of City Counc il 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 Secti on shall not apply 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 antici pates and that 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 shall 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 incorporated 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.
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ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.
2.1 Contract Sum.
Subject to any limitations 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 reimbursement for actual expenses, shall not exceed Fifteen Thousand Dollars ($15,000) (the “Contract Sum” ), unless additional compensation is approved pursuant to Section 1.10.
2.2 M ethod of Compensation.
The method of compensation may include: (i) a lump s um 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 Consultant’ 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 appr oved 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 payment under this Agreement, Consultant i s 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.
(b) Line items for all materials and equipment properly charged to the Services.
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(c) Line items for all o ther 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 requires prevailing wages, p er 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 prevailing wage rates for 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 followin g 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 this Agreement. Except as to any charges f or w ork 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 correct 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 Consul tant 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 Agreement may be contingent upon State budg et 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 covered 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
3.1 Time of Essence.
Time is of the essence in the performance of this Agreement.
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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 Performance” 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 Manager but not exceeding one hundred eighty (180) days cumulatively.
3.3 F orce 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 a nd 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, riots, strikes, freight embargoes, wars, l itigation, 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 conclusiv e 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 extension 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, 2023, 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. CO
ORDINATION 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:
(Name) (Title)
(Name) (Title)
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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 suffi cient t ime t o 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 Agreement, 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 s hall 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 staf f 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 in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Consultant shall not at any time or in any mann er 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 re tirement, he alth 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 Director of Development Services 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 m ade by City to the Project Manager.
Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Project Manager . The Project Manager shall have authority, if specified in writing by the City Manager , to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.
4.4 Independent Consultant.
Neither the City nor any of its employees shall have any control over the manner, mode or means by which 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 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 as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are
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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 other wise 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 principals and employees were a substantial inducem ent 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 the City . In addition, neither this Agreement nor any inter est herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City . Transfers restricted hereunder shal l 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 cumulative basis. In the event of any such unapproved t ransfer, 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 this Agreement, policies of i nsurance o f 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 Services 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 amended. Any endorsement restricting standard I SO “ insured contract” language will not be accepted.
(b) A
utomobile liability insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activiti es o f 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.
(c) Pr o
fess ional 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 amount of $1,000,000 per claim and in the aggre gate. 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.
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(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) S ubcontractors . Consultant shall inc lude all s ubcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein.
(f) A
dditional Insurance . Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”.
5.2 G eneral Insurance Requirements .
(a) Proof of insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage requ ired 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 certification of insurance shall be kept on file with City at all times during the term of this Agreement . City reserves the right to require complete, certified copies of all required insurance policies, at any time.
(b) D uration of coverage. Consultant shall procure and maintain for the duration of t his A greement 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) P r ima ry/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 combinati on 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 the benefit of City before the City’s own i nsurance or self-insurance shall be called upon to protect it as a named insured.
(d) C ity ’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the r ight 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. (e) A
cceptable 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 Approved Surplus Line Insur ers 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.
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(f) Waiver o f subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allo w 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) E
nforcement 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 requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
(h) R
equirements not limiting . Requirements of specific coverage features or limits contained in this section are not intended as a limitation on coverage, limits or o ther 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 Consulta nt. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. (i) N
otice of cancellation . Consultant agrees to oblige its insurance agent or broker and insurers to provide to City w ith 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) A
dditional insured status. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
(k) P
rohibition of undisclosed coverage limit ations. No ne o f 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) S
eparation of insureds . A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (m) P
ass 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, provide t he s ame 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
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of th is sec tion. 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 specifications . The City reserves 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) S elf -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) T
imely notice of claims . Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result fr om Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(q) A
dditional insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of ins urance, which in its own judgment may be necessary for its proper protection and prosecution of the work.
5.3 I ndemnification .
To the full extent permitted by law, Consultant agrees to indemnify, defend and hold harmless the City, its officers, employees and a gents (“ 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 persons 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 performance 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 Consultant’ 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:
(a) Consultant will defend any action or actions filed in connec tion 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 against 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 save and hold the City , its officers, agent s, and employees harmless therefrom;
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(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 in connection with the negli gent 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 City 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 misconduc t 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 misconduct 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 subcon tractors t o 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 p erform the s ervices required by this Agreement and enable the Project Manager to evaluate the performance of such services. Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Project Manager shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of 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 r ecords may b e given to City, and access shall be provided by Consultant’s successor in interest. Notwithstanding the above, the Consultant shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act.
6.2 Reports.
Consultant shall periodically prepare and submit to the Project Manager such reports concerning the performance of the services required by this Agreement as the Project Manager shall require. 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, Consultant
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agrees that if Consultant becomes aware of any fa cts, 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 project 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 Consultan t, 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 Consultant shall have no cl aim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for other proj ects 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 ass ignment. Consult ant 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 documents or materials prepared 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 made for hire ” as defined in 17 U.S.C. § 101, s uch 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 Attorney, voluntarily provide documents, declarations, letters of support, te stimony 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.
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(d) Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, c omplaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed 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 be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of 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 i n 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 wh ich 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, w hen 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.
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 which may be in dispute hereunder or which are necessary 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 performing or failing 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
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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 services 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 remedies expressly declared to be exclusive in t his Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for t he 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, to recover damages 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 file a statutory claim purs uant 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 this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Contractor and its sureties shall be liable for and shall pay to the City the sum of Zero Dollars ($0) as liquidated damages for each working day of d elay in the performance of any service r equired 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 Consult ant, except that where termin ation is d ue to the fault of the Consultant , the period of notice may be
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such shorter time as may be determined by the Project Manager . In addition, the Consultant reserves the right 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, Consul tant shall immediately cease all servic es 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 t he event the Consultant has in itiated 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 without cause pursuant to this Section, the termi nating 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 obligations under this Agreement, City may, after compliance with the provisi ons 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 sti pulated (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 party in such action or proceeding, in addition t o 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 entitled to attorney’ s fees shall be entitled to all other reasonable costs for in vestigating 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 deemed to have accrued on commencement of such action and s hall 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 liable to the Consultant , or any successor in interest, in the event of any d efault 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.
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8.2 Conflict of Interest.
Consultant covenants that neither it, nor any off icer or pri ncipal 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 hinder Consultant’ s performance of services unde r this Agreement. Consultant f urther covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the Project Manager . Consultant agrees to at all t imes 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 i ndirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects her/ his financial interest or the financial interest of any corporation, partnership or association in which (s)he is, di rectly or indirectly, interested, in viol ation 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 rac e, color, creed, religion, sex, gender, s exual orientation, marital status, national origin, ancestry or other protected class in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that em ployees are treated during employment wi thout 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 a nd/or serv ices covered by this 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 a nd all costs, including attorneys ’ fees, incurred by City.
ARTICLE 9. MISCELLANEOUS PROVISIONS
9.1 Notices.
Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first -class mail, in the case of the City, to the City Manager and to the attention of the Project Manager (with her/his name and City title), City of
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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 Agreement shall be construed in accor dance 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, complete and exclusive expression of the understanding of the pa rties. 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 understandi ngs, 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 th is requirement for written mod ifications 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 this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.
9.6 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 any decision relating to this Ag reement which may affect his/her financi al 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 interests found to be “remote” or “noninterests” purs uant to Government Code Sections 1091 or 1091.5. Consultant
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warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result o r 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 conduct or collusion that would result in the p ayment of any money, consideration, or ot her 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 unders tands that any such act(s), om ission(s) or o ther 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 said party, (iii) by so executing this Agreement, such party is formally bound to the provisi ons 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
Linda Reich, City Manager
ATTEST:
Angela Robles, City Clerk
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
ALESHIRE & WYNDER, LLP
_____________________________ _____________________________ Fred Galante, City Attorney Nicholas S. Liguori, AICP
Director of Development Services Department
CONSULTANT:
INLAND FAIR HOUSING AND MEDIATION
BOARD
By:
Name: Carmen I. Garcia
Title: President and Chief Executive Officer
By:
Name:
Title:
Address: 1500 South Haven Avenue
Suite 100
Ontario, CA 91761
Two corporate officer signatures required when C onsultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. APPROPRI ATE
ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CO NSULTANT’S BUSINESS ENTITY.
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EXHIBIT “A”
SCOPE OF SERVICES
I. Consultant will perform the Services described in Consultant’s Proposal, attached hereto as Exhibit A-1 (the entirety of which is on file with the Development Services Department).
II. A ll work produc t is subject to review and accep tance b y the City, and must be revised by the Consultant without addition al charge to the City until found satisfactory and accepted by City.
7.4.a
Inland Fair Housing and Mediation Board Agreement
Packet Pg. 47
Deliverables
.
FAIR HOUSING
CASE MANAGEMENT
PROGRAM ACTIVITIES
Activities Tasks Staff Submitted
By
Performance
Measurement
1. Conduct client
intake and case
management for up to
(25) City of Chino
residents seeking
assistanc e with
fair housing issues.
Open case files
on all clients
seeking services.
Conduct
investigation on
complaint
FH Specialists
Grants Analyst
Monthly Report on number of
clients utilizing
services
Satisfaction Tool
2. Inform clients of
their fair housing
rights and
status of case and
review options in
filing cases with HUD.
Provide clients
with necessary
documentation
and filing forms to
complete their
complaint
FH Specialists
and Program
Supervisors
Monthly Number of
clients
choosing to file
3. Conduct testing if
client complaint
indicates possible fair
housing violation.
Testing remains a
tool used by IFHMB
independent of this
grant proposal.
Refer case to
IFHMB PEI
Department for
case
development
Program
Supervisor
As needed N/A
4. Conduct surveys, if
indicated, to determine
if fair housing violation
is systemic
PEI dept. -
Surveys to
apartment
complexes,
PHA units,
Program
Supervisors
As
indicated
by test
results
N/A
5. Prepare cases for
referral to HUD,
DFEH, DOJ, or
private attorney if
systemic
investigations are
indicative of fair
housing violations
Report to City on
systemic
violations as
indicated
Program
Supervisors
As
indicated
by test
results
Report on number and
type of fair housing cases
filed in jurisdiction
6. Provide statistical
and financial
reporting to the City
as directed on
required demographic
client information
Provide reports to
City on required
data and fiscal use
of funds,
including all
supporting
Grants Analyst Monthly Timely submission
of required report
data
EXHIBIT "A-1"
7.4.a
Inland Fair Housing and Mediation Board Agreement
Packet Pg. 48
Deliverables
.
PROGRAM ACTIVITIES
FAIR HOUSING
EDUCATION
Activities Tasks Staff Submitted
By
Performance
Measurement
1. Distribute protected
class Fair Housing
information throughout
City. Distributed
electronically.
Distribute
information about
fair housing laws.
FH Specialists Monthly Number of
clients seen
from
distribution
2. Create social media
linkages between City
and IFHMB and other
resources
Provide images on
fair housing
linkages on City
and IFHMB sites
CIO
Program
Supervisor
30 Days
Review
Quarterly
Number of
clients
referred from
Links
3. Annually, conduct
one webinar on fair
housing laws for
City of Chino
residents, vulnerable
groups [disabled,
LEP, veteran, and
seniors], City staff.
Training will cover
federal and state
fair housing laws.
Fair Housing
Specialists
Quarterly
7.4.a
Inland Fair Housing and Mediation Board Agreement
Packet Pg. 49
Deliverables
.
PROGRAM ACTIVITIES
LANDLORD/TENANT
CASE MANAGEMENT
Activities Tasks Staff Submitted
By
Performance
Measurement
1. Conduct client
intake and case
management for up to
(175) City of Chino
residents with
landlord/tenant issues
(and related fair
housing issues)
including information,
mediation and/or
referrals.
Open case files on
all clients seeking
services. Client
data remains
stored in databases
for possible
referrals
LT and FH
Mediators
Program
supervisors
Grant Analyst
Monthly Increased number
of clients seeking
services
Client
satisfaction
survey tool
2. Review client
complaints for
possible fair housing
implications
Refer clients
with fair housing
indicators to
IFHMB FHIP
Fair Housing
Department for
additional
assistance
LT and
FH
Mediators
Monthly Number of
clients
referred from
LT to FH for
services
3. Provide
landlord/tenant/fair
housing information.
Mediation when
appropriate, and referral
to legal services. Other
referrals as necessary.
Indicate
information
provided
LT and Fair
Housing
Mediators
Supervisors
Monthly Number of
clients referred for
legal or other
services
7.4.a
Inland Fair Housing and Mediation Board Agreement
Packet Pg. 50
Deliverables
.
PROGRAM ACTIVITIES
LANDLORD/TENANT
EDUCATION
Activities Tasks Staff Submitted
By
Performance
Measurement
1. Develop and
implement outreach
and education plan
regarding IFHMB
services.
Submit how
materials will be
distributed to
residents of
Fontana.
COO and
Program
Supervisor
Monthly Numbers of
outreach
distributed
2. Distribute fair
housing PSAs through
social media.
Post PSA’s Program
Supervisor
Quarterly Number of
Referrals from
PSAs
3. Conduct webinar
workshop on fair
housing and related
landlord/tenant issues
for vulnerable groups
[disabled, LEP,
veteran, and seniors]
as needed
Training will
cover fair housing
laws, rights &
responsibilities,
landlord/tenant
laws.
Program
Supervisor
October and
May
4. Conduct general
information workshop
to the LEP community
as needed [Spanish-
speaking]
Training will cover
federal and state
fair housing laws,
tenant rights and
responsibilities
Program
Supervisor
5. Create social media
linkages between City
and IFHMB and other
resources
Create social
media linkages
CIO
Program
Supervisor Review
Quarterly
Number of
Referrals from
Links
7.4.a
Inland Fair Housing and Mediation Board Agreement
Packet Pg. 51
01225.0001/458446.1 B-1
EXHIBIT “B”
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
No Special Requirements.
7.4.a
Inland Fair Housing and Mediation Board Agreement
Packet Pg. 52
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. The City will compensate Consultant for the Services performed upon submission of a valid invoice, as described in Section 2.4.
III. T he total compensation for the Services shall not exceed the Con tract Sum, as provided in Section 2.1 of this Agreement.
7.4.a
Inland Fair Housing and Mediation Board Agreement
Packet Pg. 53
EXHIBIT “C-1”
FEE SCHEDULE
Line Item Amount:
Salaries $ 8,940
Fringe $ 1,690
Office Space (Program Only) $ 2,921
Utilities $ 225
Liability Insurance $ 14
Workman’s Compensation Insurance $ 94
Other Insurance/Health Insurance $ 0
Consultant Services/Accounting/Audit $
Travel $ 7
Supplies $ 56
Equipment/Lease $ 63
Other: Accounting, Payroll, Janitorial & Other $ 639
Other: Telephone, Postage, Printing & Other $ 351
TOTAL: $ 15,000
POSITION Hrs/wk Rate/hr Total Cost CDBG Share
Chief Executive Officer 2 $50.48 $ 5,250 $ 492
COO/CIO 2 $38.46 $400 $374
Chief Financial Officer 1.2 $48.30 $3,014 $282
Accountant/Office Mgr. 1.2 $28.00 $1,747 $164
Grant Analyst/Prog. Sup 3.6 $28.00 $ 5,242 $491
FH specialist/Investigator 10 $21.00 $10,920 $1,022
Testing Coordinator 8 $17.00 $8,736 $818
FH/LT Mediator 56 $17.00 $49,504 $4,635
Receptionist/Operator 8 $28.00 $7,072 $662
TOTAL: $95,484 $8,940
Total Fringe: $15,578 $1,690
7.4.a
Inland Fair Housing and Mediation Board Agreement
Packet Pg. 54
01225.0001/458446.1 D-1
EXHIBIT “D”
SCHEDULE OF PERFORMANCE
I. Consultant shall perform all services and deliver all wo rk products timel y per direction from the Project Manager.
II. The Project Manager may approve extensions for performance of the services in accordance with Section 3.2.
7.4.a
Inland Fair Housing and Mediation Board Agreement
Packet Pg. 55
Revenue: 1004000-59500-G4233 $100,000/G4234 $60,000 Expenditure:1004000-40010-G4233 $100,000/ G4234 $60,000
Transfer In: Transfer Out:
M E M O R A N D U M
CITY OF CHINO
POLICE DEPARTMENT
COUNCIL MEETING DATE: OCTOBER 4, 2022
TO: LINDA REICH, CITY MANAGER
FROM: WES SIMMONS, CHIEF OF POLICE
SUBJECT: 2022 OFFICE OF TRAFFIC SAFETY SELECTIVE TRAFFIC ENFORCEMENT PROGRAM (STEP) GRANT.
RECOMMENDATION
1) Authorize the acceptance of the 2022 Office of Traffic Safety STEP Grant in the amount of $160,000; 2) appropriate $160,000 from the unappropriated reserves of the General Fund; 3) increase the general fund revenue budget by $160,000 received from the grant; and 4) authorize the City Manager or designee to execute all necessary documents related to this grant on behalf of the City.
FISCAL IMPACT
Appropriate $160,000 from the unappropriated reserves of the General Fund with a corresponding increase to the revenue. The requested appropriation is fully offset by grant revenue and no local matching funds are requested.
CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES:
The recommendation detailed above furthers the City’s val ues and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
• Financial Stability
• Public Service Excellence through Internal and External Partnerships
7.5 CONSENT CALENDAR
Packet Pg. 56
COUNCIL MEETING DATE: OCTOBER 4, 2022
SUBJECT: 2022 OFFICE OF TRAFFIC SAFETY SELECTIVE TRAFFIC ENFORCEMENT
PROGRAM (STEP) GRANT
PAGE 2
BACKGROUND
The Chino Police Depa rtment has been awarded the "202 2 Selective Traffic Enforcement Program (STEP) Grant" in the amount of $160,000 from the State of California - Office of Traffic Safety. The grant period is October 1, 202 2, through September 30, 202 3, and will cover the cost of conducting DUI checkpoints, DUI s aturation patrols, traffic enforcement, distracted driving, motorcycle safety, night -time Click It Or Ticket operations, along with pedestrian and bicycle enforcement. Additionally, the grant allows for travel expens es for training, other direct costs related to DUI checkpoint supplies, and lidar device.
The federal funding of $160,000 will be allotted from two different federal tracking numbers and the CFDA numbers are as follows: CFDA 2 0.608 $100,000 -City grant #G 4233 and CFDA
20.600 $60,000-City grant #G4234.
ISSUES/ANALYSIS
The Chino Police Department will be able to conduct a total of five sobriety checkpoints, 32 traffic enforcement operations, and 25 DUI saturation patrols with the grant funding made available. The State of California Office of Traffic Safety will reimburse the City of Chino for overtime expenditures, travel expenses and other direct costs up to $ 160,000 to conduct the operations authorized under the STEP Grant.
Attachment: Grant Agreement
7.5 CONSENT CALENDAR
Packet Pg. 57
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State of California – Office of Traffic Safety
GRANT AGREEMENT
GRANT NUMBER
PT23019
1. GRANT TITLE
Selective Traffic Enforcement Program (STEP)
2. NAME OF AGENCY 3. Grant Period
Chino From:
To:
10/01/2022
09/30/2023 4. AGENCY UNIT TO ADMINISTER GRANT
Chino Police Department
5. GRANT DESCRIPTION
Best practice strategies will be conducted to reduce the number of persons killed and injured in crashes involving alcohol and other primary crash factors. The funded strategies may include impaired driving enforcement, enforcement operations focusing on primary crash factors, distracted driving, night-time seat belt enforcement, special enforcement operations encouraging motorcycle safety, enforcement and public awareness in areas with a high number of bicycle and pedestrian crashes, and educational programs. These strategies are designed to earn media attention thus enhancing the overall deterrent effect.
6. Federal Funds Allocated Under This Agreement Shall Not Exceed: $160,000.00
7. TERMS AND CONDITIONS: The parties agree to comply with the terms and conditions of the following which are by this reference made a part of the Agreement:
Schedule A – Problem Statement, Goals and Objectives and Method of Procedure Schedule B – Detailed Budget Estimate and Sub-Budget Estimate (if applicable) Schedule B-1 – Budget Narrative and Sub-Budget Narrative (if applicable) Exhibit A – Certifications and Assurances
Exhibit B* – OTS Grant Program Manual
Exhibit C – Grant Electronic Management System (GEMS) Access *Items shown with an asterisk (*), are hereby incorporated by reference and made a part of this agreement as if attached hereto.
These documents can be viewed at the OTS home web page under Grants: www.ots.ca.gov.
We, the officials named below, hereby swear under penalty of perjury under the laws of the State of California that we are duly authorized to legally bind the Grant recipient to the above described Grant terms and conditions.
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.
8. Approval Signatures
A. GRANT DIRECTOR B. AUTHORIZING OFFICIAL
NAME:
TITLE:
EMAIL:
PHONE:
ADDRESS:
Kyle Baas
Corporal
(909) 334-3148
5450 Guardian Way
Chino, CA 91710
NAME:
TITLE:
EMAIL:
PHONE:
ADDRESS:
Linda Reich
City Manager
(909) 334-3491
13220 Central Avenue
Chino, CA 91710
(Signature) (Date) (Signature) (Date)
C. FISCAL OFFICIAL
D. AUTHORIZING OFFICIAL OF OFFICE OF TRAFFIC SAFETY
NAME:
TITLE:
EMAIL:
PHONE:
ADDRESS:
Ria Medina
Management Analyst
(909) 334-3062
5450 Guardian Way
Chino, CA 91710
NAME:
TITLE:
EMAIL:
PHONE:
ADDRESS:
Barbara Rooney
Director
(916) 509-3030
2208 Kausen Drive, Suite 300
Elk Grove, CA 95758
(Signature) (Date) (Signature) (Date)
7.5.a
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10. PROJECTED EXPENDITURES
FUND CFDA ITEM/APPROPRIATION F.Y. CHAPTER STATUTE PROJECTED
EXPENDITURES
164AL-23 20.608 0521-0890-101 2022 43/22 BA/22 $100,000.00 402PT-23 20.600 0521-0890-101 2022 43/22 BA/22 $60,000.00
AGREEMENT
TOTAL $160,000.00
AMOUNT ENCUMBERED BY THIS DOCUMENT
I CERTIFY upon my own personal knowledge that the budgeted funds for the current budget year are available for the period and purpose of the expenditure stated above.
$160,000.00
PRIOR AMOUNT ENCUMBERED FOR THIS
AGREEMENT
$ 0.00
OTS ACCOUNTING OFFICER’S SIGNATURE DATE SIGNED TOTAL AMOUNT ENCUMBERED TO DATE $160,000.00
E. ACCOUNTING OFFICER OF OFFICE OF TRAFFIC SAFETY 9. SAM INFORMATION NAME: Carolyn Vu
SAM #:
REGISTERED
ADDRESS:
CITY:
ZIP+4:
RGVNGHJR3NV5
13220 Central Ave
Chino
91710-4127
ADDRESS: 2208 Kausen Drive, Suite 300
Elk Grove, CA 95758
7.5.a
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State of California – Office of Traffic Safety
GRANT AGREEMENT
Schedule A
GRANT NUMBER
PT23019
1. PROBLEM STATEMENT
Chino is a city comprised of residential, commercial, industrial, and rural areas that is dissected or bordered by four heavily used state highways; SR 91 to the south, SR 71 on the west side, SR 60 on the north side, and SR 83 on the east. We have over 259 miles of roadway in our city, some of which are used as major thoroughfares from neighboring cities to the state highways during commuting hours. The City of Chino was a dairy and agricultural preserve for decades and was one of the largest dairy regions in the country. This diary preserve was lifted approximately 13 years ago, which created the opportunity for many square miles of rural lands to become available for development. The growth in our city has been continuing ever since. Single family homes, multi-unit housing, commercial centers, industrial warehousing, and a community college have since been developed where the old dairies previously existed. The city of Chino continues to grow as available land is yet to be developed. Since 2013, housing units and warehouses or distribution centers have been continuously built and occupied in Chino. With this increase in buildings and dwellings comes a significant increase in residential population and daily commuters that travel through the city.
Two of our neighboring cities, Ontario and Eastvale, were former dairy preserve areas as well. The southwest corner of Ontario, which borders our south east boundary, is building a master planned community that will eventually bring 47,000 homes along with many commercial and retail properties. The population within the coming years is expected to exceed 160,000 residents. We are already experiencing an increase in traffic through our city as commuters from neighboring cities make their way through Chino to the nearby highways. Eastvale continues to grow at near the same rate as Chino. Like the Ontario commuters, Eastvale residents also use our roadways during their commute to avoid traffic congestion on the freeway. This growth has demanded the re-engineering of roadways and there is more development planned in the future. Many of these improvements have been finished, but with the steady growth comes continuing change. The Traffic Services Unit of the Chino Police Department is dedicated to maintaining a safe environment for drivers, bicyclists, and pedestrians as we deal with roadway congestion and increased traffic. Unfortunately, the steady growth of Chino has increased at a faster rate than the staffing of new officers. Officers are increasingly responsible for more residents, more daily traffic, and more crashes. These challenges have spread our police resources thin and have increased the need for additional enforcement.
The continued increase of traffic in the city has resulted in a higher number of fatal crashes, injury crashes, number of persons killed, and number of persons injured during 2019 compared to the previous three years. The City of Chino and its Police Department are motivated to reduce the number of crashes in our city, especially injury and fatal crashes.
The city continues to experience a variety of traffic problems and a variety of primary crash factors. Unsafe speed continues to be the overwhelming cause of the majority of our injury crashes. In the last two years, the Police Department has received an increased number of citizen complaints about speeding vehicles throughout the city. We regularly deploy traffic data collectors (stealth devices that capture speed, volume, and times of traffic) in response to citizen complaints. We are identifying an ever-increasing amount of speed violations on residential and collector streets that have not seen crashes to the degree of other locations. Using the data collected, we are able to efficiently deploy officers and other resources to the area for awareness and enforcement. To supplement our officers, we have deployed portable message devices (speed display boards), which in most cases have positively impacted driving habits and reduced speeds. These devices are most effective when left at a location for at least one month or more, thus we have found a need for additional portable message devices due to the number of streets experiencing speeding issues. These portable message devices help calm speeds while also collecting traffic data.
Right of way violations and unsafe turning movements are also top causes of injury crashes. We intend to maintain our enforcement efforts in the areas that experience a high frequency of injury crashes by deploying Officers to the areas that statistically experience these crashes.
7.5.a
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The number of persons killed in crashes in 2021 increased 50%. The number of persons injured in crash decreased 9%. The number of persons injured in DUI related crashes increased 86.7%. We intend to focus our enforcement efforts in areas where Driving under the influence of alcohol and or drugs were contributing factors.
DUI (alcohol/drugs/combo) was the primary cause of three fatalities last year. The Chino Police Department has made it a priority to enforce and prosecute all impaired drivers and continues to ensure our officers are properly trained in DUI enforcement. We have prioritized the 40-hour DUI workshop as a core course. This is a week-long course by Cavanaugh and Associates where officers learn Standardized Field Sobriety Tests (SFSTs), DUI report writing and courtroom testimony. This course has included subject matter for Advanced Roadside Impaired Driver Enforcement (ARIDE) and has been approved by POST as a SFST/ARIDE course. This dedication to DUI training has led to the strict and successful prosecution of offenders.
Prior grant funding has afforded us the time and staffing to conduct DUI/DL checkpoints. The checkpoints are a great tool we use to enforce DUI related laws and to educate drivers on the dangers of DUI driving. The Chino Police Department will continue to work towards minimizing DUI crashes in our city and will remain dedicated to the detection and enforcement of DUI drivers. DUI checkpoints have been an excellent public education campaign and tool to identify DUI drivers before a crash occurs. Our community provides overwhelmingly positive feedback to our social media posts announcing the checkpoints and their results. We have successfully filled many vacant Police Officer positions in the last year, allowing us to better staff our checkpoints. In several instances, we have identified the possibility of conducting checkpoints in both directions of a roadway for greater community impact.
Our community continues to experience DUI crashes that occur on less travelled roadways and neighborhood streets. Often, the offenders are headed home and involved in crashes while near their residence. We believe that these offenders purposely avoid main thoroughfares and would likely not be identified by a DUI checkpoint, which is why DUI saturation patrols are so beneficial to our city.
The Chino Police Department has filled several vacancies in the last year and is still aggressively recruiting and hiring to continue to provide a high level of service to the community. The traffic unit received an additional motor officer position as well as an additional commercial officer position. With the funding provided by the STEP grant, the Traffic Unit can fund overtime for Traffic Officers and for officers outside of the Traffic Unit that have an interest in traffic related enforcement. We are fortunate to have officers outside of our Traffic Unit that support our mission and have the experience to conduct the specialized enforcement operations.
2. PERFORMANCE MEASURES
A. Goals:
1. Reduce the number of persons killed in traffic crashes.
2. Reduce the number of persons injured in traffic crashes.
3. Reduce the number of pedestrians killed in traffic crashes.
4. Reduce the number of pedestrians injured in traffic crashes.
5. Reduce the number of bicyclists killed in traffic crashes.
6. Reduce the number of bicyclists injured in traffic crashes.
7. Reduce the number of persons killed in alcohol-involved crashes.
8. Reduce the number of persons injured in alcohol-involved crashes.
9. Reduce the number of persons killed in drug-involved crashes.
10. Reduce the number of persons injured in drug-involved crashes.
11. Reduce the number of persons killed in alcohol/drug combo-involved crashes.
12. Reduce the number of persons injured in alcohol/drug combo-involved crashes.
13. Reduce the number of motorcyclists killed in traffic crashes.
14. Reduce the number of motorcyclists injured in traffic crashes.
15. Reduce hit & run fatal crashes.
16. Reduce hit & run injury crashes.
17. Reduce nighttime (2100 - 0259 hours) fatal crashes.
18. Reduce nighttime (2100 - 0259 hours) injury crashes.
B. Objectives: Target Number
7.5.a
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1. Issue a press release announcing the kick-off of the grant by November 15. The kick-off press releases and media advisories, alerts, and materials must be emailed to the OTS Public Information Officer at [email protected], and copied to your OTS Coordinator, for approval 14 days prior to the issuance date of the release.
1 2. Participate and report data (as required) in the following campaigns; Quarter 1:
National Walk to School Day, National Teen Driver Safety Week, NHTSA Winter Mobilization; Quarter 3: National Distracted Driving Awareness Month, National Motorcycle Safety Month, National Bicycle Safety Month, National Click it or Ticket Mobilization; Quarter 4: NHTSA Summer Mobilization, National Child Passenger Safety Week, and California's Pedestrian Safety Month.
10 3. Develop (by December 31) and/or maintain a “DUI BOLO” program to notify patrol and traffic officers to be on the lookout for identified repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. Updated DUI BOLOs should be distributed to patrol and traffic officers monthly. 12 4. Send law enforcement personnel to the NHTSA Standardized Field Sobriety Testing (SFST) (minimum 16 hours) POST-certified training. 2 5. Send law enforcement personnel to the NHTSA Advanced Roadside Impaired Driving Enforcement (ARIDE) 16 hour POST-certified training. 2 6. Send law enforcement personnel to the Drug Recognition Expert (DRE) training. 1
7. Send law enforcement personnel to the DRE Recertification training. 2
8. Conduct DUI/DL Checkpoints. A minimum of 1 checkpoint should be conducted during the NHTSA Winter Mobilization and 1 during the Summer Mobilization. To enhance the overall deterrent effect and promote high visibility, it is recommended the grantee issue an advance press release and conduct social media activity for each checkpoint. For combination DUI/DL checkpoints, departments should issue press releases that mention DL's will be checked at the DUI/DL checkpoint. Signs for DUI/DL checkpoints should read "DUI/Driver's License Checkpoint Ahead." OTS does not fund or support independent DL checkpoints. Only on an exception basis and with OTS pre-approval will OTS fund checkpoints that begin prior to 1800 hours. When possible, DUI/DL Checkpoint screeners should be DRE- or ARIDE-trained.
5 9. Conduct DUI Saturation Patrol operation(s). 25
10. Conduct Traffic Enforcement operation(s), including but not limited to, primary crash factor violations.
32 11. Conduct highly publicized Distracted Driving enforcement operation(s) targeting drivers using hand held cell phones and texting.
3 12. Conduct highly publicized Motorcycle Safety enforcement operation(s) in areas or during events with a high number of motorcycle incidents or crashes resulting from unsafe speed, DUI, following too closely, unsafe lane changes, improper turning, and other primary crash factor violations by motorcyclists and other drivers. 2 13. Conduct Nighttime (1800-0559) Click It or Ticket enforcement operation(s). 1
14. Conduct highly publicized pedestrian and/or bicycle enforcement operation(s) in areas or during events with a high number of pedestrian and/or bicycle crashes resulting from violations made by pedestrians, bicyclists, and drivers. 3 15. Conduct Traffic Safety educational presentation(s) with an effort to reach community members. Note: Presentation(s) may include topics such as distracted driving, DUI, speed, bicycle and pedestrian safety, seat belts and child passenger safety.
2 3. METHOD OF PROCEDURE
A. Phase 1 – Program Preparation (1st Quarter of Grant Year) The department will develop operational plans to implement the “best practice” strategies outlined in the objectives section.
All training needed to implement the program should be conducted this quarter. All grant related purchases needed to implement the program should be made this quarter. In order to develop/maintain the “DUI BOLOs,” research will be conducted to identify the “worst of the worst” repeat DUI offenders with a suspended or revoked license as a result of DUI
7.5.a
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convictions. The Hot Sheets may include the driver’s name, last known address, DOB, description, current license status, and the number of times suspended or revoked for DUI. DUI BOLOs should be updated and distributed to traffic and patrol officers at least monthly. Implementation of the STEP grant activities will be accomplished by deploying personnel at high crash locations.
Media RequirementsIssue a press release approved by the OTS PIO announcing the kick-off of the grant by November 15, but no sooner than October 1. The kick-off release must be approved by the OTS PIO and only distributed after the grant is fully signed and executed. If you are unable to meet the November 15 deadline to issue a kick-off press release, communicate reasons to your OTS coordinator and OTS PIO.
B. Phase 2 – Program Operations (Throughout Grant Year) The department will work to create media opportunities throughout the grant period to call attention to the innovative program strategies and outcomes.
Media Requirements
The following requirements are for all grant-related activities:
Send all media advisories, alerts, videos, graphics, artwork, posters, radio/PSA/video scripts, storyboards, digital and/or print educational materials for grant-related activities to the OTS PIO at [email protected] for approval and copy your OTS coordinator. Optimum lead time would be 7 days before the scheduled release but at least 3 business days prior to the scheduled release date for review and approval is appreciated.
The OTS PIO is responsible for the approval of the design and content of materials. The agency understands OTS PIO approval is not authorizing approval of budget expenditure or cost. Any cost approvals must come from the Coordinator.
Pre-approval is not required when using any OTS-supplied template for media advisories, press releases, social media graphics, videos or posts, or any other OTS-supplied educational material.
However, copy the OTS PIO at [email protected] and your OTS coordinator when any material is distributed to the media and public, such as a press release, educational material, or link to social media post. The OTS-supplied kick-off press release templates and any kickoff press releases are an exception to this policy and require prior approval before distribution to the media and public.
If an OTS-supplied template, educational material, social media graphic, post or video is substantially changed, the changes shall be sent to the OTS PIO at [email protected] for approval and copy to your OTS Coordinator. Optimum lead time would be 7 days prior to the scheduled release date, but at least 3 business days prior to the scheduled release date for review and approval is appreciated.
Press releases, social media posts and alerts on platforms such as NextDoor and Nixle reporting immediate and time-sensitive grant activities (e.g. enforcement operations, day of event highlights or announcements, event invites) are exempt from the OTS PIO approval process. The OTS PIO and your Coordinator should still be notified when the grant-related activity is happening (e.g. car seat checks, bicycle rodeos, community presentations, DUI checkpoints, etc.).
Enforcement activities such as warrant and probation sweeps, court stings, etc. that are embargoed or could impact operations by publicizing in advance are exempt from the PIO approval process. However, announcements and results of activities should still be copied to the OTS PIO at [email protected] and your Coordinator with embargoed date and time or with “INTERNAL ONLY: DO NOT RELEASE” message in subject line of email. Any earned or paid media campaigns for TV, radio, digital or social media that are part of a specific grant objective, using OTS grant funds, or designed and developed using contractual services by a subgrantee, requires prior approval. Please send to the OTS PIO at [email protected] for approval and copy your grant coordinator at least 3 business days prior to the scheduled release date.
Social media posts highlighting state or national traffic safety campaigns (Distracted Driving Month, Motorcycle Safety Awareness Month, etc.), enforcement operations (DUI checkpoints,
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etc.), or any other grant-related activity such as Bicycle rodeos, presentations, or events, are highly encouraged but do not require prior approval.
Submit a draft or rough-cut of all digital, printed, recorded or video material (brochures, posters, scripts, artwork, trailer graphics, digital graphics, social posts connected to an earned or paid media campaign grant objective) to the OTS PIO at [email protected] and copy your OTS Coordinator for approval prior to the production or duplication. Use the following standard language in all press, media, and printed materials, space permitting:
Funding for this program was provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration. Space permitting, include the OTS logo on all grant-funded print materials, graphics and paid or earned social media campaign grant objective; consult your OTS Coordinator for specifics, format-appropriate logos, or if space does not permit the use of the OTS logo. Email the OTS PIO at [email protected] and copy your OTS Coordinator at least 21 days in advance, or when first confirmed, a short description of any significant grant-related traffic safety event or program, particularly events that are highly publicized beforehand with anticipated media coverage so OTS has sufficient notice to arrange for attendance and/or participation in the event.
If unable to attend, email the OTS PIO and coordinator brief highlights and/or results, including any media coverage (broadcast, digital, print) of event within 7 days following significant grant- related event or program. Media and program highlights are to be reflected in QPRs. Any press releases, work plans, scripts, storyboards, artwork, graphics, videos or any educational or informational materials that received PIO approval in a prior grant year needs to be resubmitted for approval in the current grant year.
Contact the OTS PIO or your OTS Coordinator for consultation when changes from any of the above requirements might be warranted.
C. Phase 3 – Data Collection & Reporting (Throughout Grant Year)
1. Prepare and submit invoice claims (due January 30, April 30, July 30, and October 30)
2. Prepare and submit Quarterly Performance Reports (QPR) (due January 30, April 30, July 30, and October 30)
Collect and report quarterly, appropriate data that supports the progress of goals and objectives. Provide a brief list of activity conducted, procurement of grant-funded items, and significant media activities. Include status of grant-funded personnel, status of contracts, challenges, or special accomplishments.
Provide a brief summary of quarterly accomplishments and explanations for objectives not completed or plans for upcoming activities.
Collect, analyze and report statistical data relating to the grant goals and objectives.
4. METHOD OF EVALUATION
Using the data compiled during the grant, the Grant Director will complete the “Final Evaluation” section in the fourth/final Quarterly Performance Report (QPR). The Final Evaluation should provide a brief summary of the grant’s accomplishments, challenges and significant activities. This narrative should also include whether goals and objectives were met, exceeded, or an explanation of why objectives were not completed.
5. ADMINISTRATIVE SUPPORT
This program has full administrative support, and every effort will be made to continue the grant activities after grant conclusion.
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State of California – Office of Traffic Safety
GRANT AGREEMENT
Schedule B
GRANT NUMBER
PT23019
FUND NUMBER CATALOG
NUMBER (CFDA)
FUND DESCRIPTION TOTAL AMOUNT
164AL-23 20.608 Minimum Penalties for Repeat
Offenders for Driving While
Intoxicated
$100,000.00
402PT-23 20.600 State and Community Highway
Safety
$60,000.00
COST CATEGORY FUND
NUMBER
UNIT COST OR
RATE
UNITS TOTAL COST TO
GRANT
A. PERSONNEL COSTS
Straight Time
$0.00
Overtime
DUI/DL Checkpoints 164AL-23 $11,750.00 5 $58,750.00
DUI Saturation Patrols 164AL-23 $1,500.00 25 $37,500.00 Traffic Enforcement 402PT-23 $1,150.00 32 $36,800.00
Distracted Driving 402PT-23 $1,150.00 3 $3,450.00
Motorcycle Safety 402PT-23 $1,150.00 2 $2,300.00
Night-time Click It Or Ticket 402PT-23 $1,150.00 1 $1,150.00 Pedestrian and Bicycle Enforcement 402PT-23 $1,150.00 3 $3,450.00 Traffic Safety Education 402PT-23 $575.00 2 $1,150.00
Category Sub-Total $144,550.00
B. TRAVEL EXPENSES
In State Travel 402PT-23 $2,700.00 1 $2,700.00
$0.00
Category Sub-Total $2,700.00
C. CONTRACTUAL SERVICES
$0.00
Category Sub-Total $0.00
D. EQUIPMENT
$0.00
Category Sub-Total $0.00
E. OTHER DIRECT COSTS
DUI Checkpoint Supplies 164AL-23 $3,750.00 1 $3,750.00
Lidar Device 402PT-23 $3,000.00 3 $9,000.00
Category Sub-Total $12,750.00
F. INDIRECT COSTS
$0.00
Category Sub-Total $0.00
GRANT TOTAL $160,000.00
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State of California – Office of Traffic Safety
GRANT AGREEMENT
Schedule B-1
GRANT NUMBER
PT23019
BUDGET NARRATIVE
PERSONNEL COSTS
DUI/DL Checkpoints - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.
DUI Saturation Patrols - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.
Traffic Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.
Distracted Driving - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.
Motorcycle Safety - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.
Night-time Click It Or Ticket - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.
Pedestrian and Bicycle Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.
Traffic Safety Education - Overtime for grant funded traffic safety presentations or campaigns conducted by appropriate department personnel.
TRAVEL EXPENSES
In State Travel - Costs are included for appropriate staff to attend conferences and training events supporting the grant goals and objectives and/or traffic safety. Local mileage for grant activities and meetings is included. Anticipated travel may include the OTS Traffic Safety Law Enforcement Forum. All conferences, seminars or training not specifically identified in the Budget Narrative must be approved by OTS. All travel claimed must be at the agency approved rate. Per Diem may not be claimed for meals provided at conferences when registration fees are paid with OTS grant funds.
CONTRACTUAL SERVICES
-
EQUIPMENT
-
OTHER DIRECT COSTS
DUI Checkpoint Supplies - On-scene supplies needed to conduct sobriety checkpoints. Costs may include 28" traffic cones, MUTCD compliant traffic signs, MUTCD compliant high visibility vests (maximum of 10), traffic counters (maximum of 2), generator, gas for generators, lighting, reflective banners, electronic flares, PAS Device/Calibration Supplies, heater, propane for heaters, fan, anti-fatigue mats, and canopies.
Additional items may be purchased if approved by OTS. The cost of food and beverages will not be reimbursed. Each item must have a unit cost of less than $5,000 (including tax and shipping).
Lidar Device - Light detection and ranging device used to measure the speed of motor vehicles. This device will be used for speed enforcement. Costs may include lidar devices, batteries, tax, and shipping.
INDIRECT COSTS
-
STATEMENTS/DISCLAIMERS
There will be no program income generated from this grant.
Nothing in this “agreement” shall be interpreted as a requirement, formal or informal, that a particular law enforcement officer issue a specified or predetermined number of citations in pursuance of the goals and objectives here under.
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State of California – Office of Traffic Safety
GRANT AGREEMENT
Exhibit A
GRANT NUMBER
PT23019
CERTIFICATIONS AND ASSURANCES FOR HIGHWAY SAFETY GRANTS (23 U.S.C. Chapter 4; Sec. 1906, Pub. L. 109-59, As Amended By Sec. 4011, Pub. L. 114-94)
The officials named on the grant agreement, certify by way of signature on the grant agreement signature page, that the Grantee Agency complies with all applicable Federal statutes, regulations, and directives and State rules, guidelines, policies, and laws in effect with respect to the periods for which it receives grant funding.
Applicable provisions include, but are not limited to, the following:
GENERAL REQUIREMENTS
23 U.S.C. Chapter 4 – Highway Safety Act of 1966, as amended Sec. 1906, Pub. L. 109-59, as amended by Sec. 4011, Pub. L. 114-94 23 CFR part 1300 – Uniform Procedures for State Highway Safety Grant Programs 2 CFR part 200 – Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards
2 CFR part 1201 – Department of Transportation, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards
NONDISCRIMINATION
(applies to all subrecipients as well as States)
The State highway safety agency will comply with all Federal statutes and implementing regulations relating to nondiscrimination (“Federal Nondiscrimination Authorities”). These include but are not limited to:
Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin) and 49 CFR part 21; The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); Federal-Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), and Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683 and 1685-1686) (prohibit discrimination on the basis of sex);
Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits discrimination on the basis of disability) and 49 CFR part 27; The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age);
The Civil Rights Restoration Act of 1987, (Pub. L. 100-209), (broadens scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal aid recipients, subrecipients and contractors, whether such programs or activities are Federally-funded or not);
Titles II and III of the Americans with Disabilities Act (42 U.S.C. 12131-12189) (prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing) and 49 CFR parts 37 and 38;
Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations (prevents discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations); and Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (guards against Title VI national origin discrimination/discrimination because of limited English proficiency (LEP) by ensuring that funding recipients take reasonable steps to ensure that LEP persons have meaningful access to programs (70 FR 74087-74100).
The Subgrantee-
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Will take all measures necessary to ensure that no person in the United States shall, on the grounds of race, color, national origin, disability, sex, age, limited English proficiency, or membership in any other class protected by Federal Nondiscrimination Authorities, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any of its programs or activities, so long as any portion of the program is Federally-assisted; Will administer the program in a manner that reasonably ensures that any of its subrecipients, contractors, subcontractors, and consultants receiving Federal financial assistance under this program will comply with all requirements of the Non- Discrimination Authorities identified in this Assurance;
Agrees to comply (and require its subrecipients, contractors, subcontractors, and consultants to comply) with all applicable provisions of law or regulation governing US DOT’s or NHTSA’s access to records, accounts, documents, information, facilities, and staff, and to cooperate and comply with any program or compliance reviews, and/or complaint investigations conducted by US DOT or NHTSA under any Federal Nondiscrimination Authority;
Acknowledges that the United States has a right to seek judicial enforcement with regard to any matter arising under these Non-Discrimination Authorities and this Assurance; Agrees to insert in all contracts and funding agreements with other State or private entities the following clause:
o “During the performance of this contract/funding agreement, the contractor/funding recipient agrees—
a. To comply with all Federal nondiscrimination laws and regulations, as may be amended from time to time;
b. Not to participate directly or indirectly in the discrimination prohibited by any Federal non- discrimination law or regulation, as set forth in appendix B of 49 CFR part 2l and herein; c. To permit access to its books, records, accounts, other sources of information, and its facilities as required by the State highway safety office, US DOT or NHTSA; d. That, in event a contractor/funding recipient fails to comply with any nondiscrimination provisions in this contract/funding agreement, the State highway safety agency will have the right to impose such contract/agreement sanctions as it or NHTSA determine are appropriate, including but not limited to withholding payments to the contractor/funding recipient under the contract/agreement until the contractor/funding recipient complies; and/or cancelling, terminating, or suspending a contract or funding agreement, in whole or in part; and
e. To insert this clause, including paragraphs (a) through (e), in every subcontract and subagreement and in every solicitation for a subcontract or sub-agreement, that receives Federal funds under this program.
THE DRUG-FREE WORKPLACE ACT OF 1988 (41 U.S.C. 8103)
The Subgrantee will provide a drug-free workplace by:
a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; b. Establishing a drug-free awareness program to inform employees about:
1. The dangers of drug abuse in the workplace;
2. The grantee's policy of maintaining a drug-free workplace;
3. Any available drug counseling, rehabilitation, and employee assistance programs;
4. The penalties that may be imposed upon employees for drug violations occurring in the workplace;
5. Making it a requirement that each employee engaged in the performance of the grant be given a copy of the statement required by paragraph (a); c. Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will –
1. Abide by the terms of the statement;
2. Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction; d. Notifying the agency within ten days after receiving notice under subparagraph (c)(2) from an
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employee or otherwise receiving actual notice of such conviction; e. Taking one of the following actions, within 30 days of receiving notice under subparagraph (c)(2), with respect to any employee who is so convicted –
1. Taking appropriate personnel action against such an employee, up to and including termination;
2. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency;
f. Making a good faith effort to continue to maintain a drug-free workplace through implementation of all of the paragraphs above.
POLITICAL ACTIVITY (HATCH ACT)
(applies to all subrecipients as well as States)
The State will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds.
CERTIFICATION REGARDING FEDERAL LOBBYING
(applies to all subrecipients as well as States)
Certification for Contracts, Grants, Loans, and Cooperative Agreements
The signed certifies, to the best of his or her knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement;
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions;
3. The undersigned shall require that the language of this certification be included in the award documents for all sub-award at all tiers (including subcontracts, subgrants, and contracts under grant, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
RESTRICTION ON STATE LOBBYING
(applies to all subrecipients as well as States)
None of the funds under this program will be used for any activity specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect (e.g., "grassroots") lobbying activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal.
CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
(applies to all subrecipients as well as States)
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Instructions for Primary Tier Participant Certification (States)
1. By signing and submitting this proposal, the prospective primary tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.
2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective primary tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary tier participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction.
3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default or may pursue suspension or debarment.
4. The prospective primary tier participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary tier participant learns its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.
5. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200.
You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations.
6. The prospective primary tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction.
7. The prospective primary tier participant further agrees by submitting this proposal that it will include the clause titled “Instructions for Lower Tier Participant Certification” including the "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transaction,” provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.
8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website (https://www.sam.gov/).
9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal government, the department or agency may terminate the transaction for cause or default.
Certification Regarding Debarment, Suspension, and Other Responsibility Matters-Primary Tier Covered Transactions
(1) The prospective primary tier participant certifies to the best of its knowledge and belief, that it and its principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment
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rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or Local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and
(d) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default.
(2) Where the prospective primary tier participant is unable to certify to any of the Statements in this certification, such prospective participant shall attach an explanation to this proposal.
Instructions for Lower Tier Participant Certification
1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.
2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment.
3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.
4. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200.
You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations.
5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.
6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled “Instructions for Lower Tier Participant Certification” including the "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion – Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.
7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website (https://www.sam.gov/).
8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment.
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Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -- Lower Tier Covered Transactions:
1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency.
2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.
BUY AMERICA ACT
(applies to all subrecipients as well as States)
The State and each subrecipient will comply with the Buy America requirement (23 U.S.C. 313) when purchasing items using Federal funds. Buy America requires a State, or subrecipient, to purchase with Federal funds only steel, iron and manufactured products produced in the United States, unless the Secretary of Transportation determines that such domestically produced items would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. In order to use Federal funds to purchase foreign produced items, the State must submit a waiver request that provides an adequate basis and justification for approval by the Secretary of Transportation.
PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE (applies to all subrecipients as well as States)
The State and each subrecipient will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists.
POLICY ON SEAT BELT USE
In accordance with Executive Order 13043, Increasing Seat Belt Use in the United States, dated April 16, 1997, the Grantee is encouraged to adopt and enforce on-the-job seat belt use policies and programs for its employees when operating company-owned, rented, or personally-owned vehicles. The National Highway Traffic Safety Administration (NHTSA) is responsible for providing leadership and guidance in support of this Presidential initiative. For information and resources on traffic safety programs and policies for employers, please contact the Network of Employers for Traffic Safety (NETS), a public-private partnership dedicated to improving the traffic safety practices of employers and employees. You can download information on seat belt programs, costs of motor vehicle crashes to employers, and other traffic safety initiatives at www.trafficsafety.org. The NHTSA website (www.nhtsa.gov) also provides information on statistics, campaigns, and program evaluations and references.
POLICY ON BANNING TEXT MESSAGING WHILE DRIVING
In accordance with Executive Order 13513, Federal Leadership On Reducing Text Messaging While Driving, and DOT Order 3902.10, Text Messaging While Driving, States are encouraged to adopt and enforce workplace safety policies to decrease crashes caused by distracted driving, including policies to ban text messaging while driving company-owned or rented vehicles, Government-owned, leased or rented vehicles, or privately-owned vehicles when on official Government business or when performing any work on or behalf of the Government. States are also encouraged to conduct workplace safety initiatives in a manner commensurate with the size of the business, such as establishment of new rules and programs or re- evaluation of existing programs to prohibit text messaging while driving, and education, awareness, and other outreach to employees about the safety risks associated with texting while driving.
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Revenue: 1004000-59500-G4235 Expenditure: 1004000-40010-G4235
Transfer In: Transfer Out:
M E M O R A N D U M
CITY OF CHINO
POLICE DEPARTMENT
COUNCIL MEETING DATE: OCTOBER 4, 2022
TO: LINDA REICH, CITY MANAGER
FROM: WES SIMMONS, CHIEF OF POLICE
SUBJECT: FISCAL YEAR 2020 HOMELAND SECURITY GRANT PROGRAM.
RECOMMENDATION
1) Authorize the acceptance of the Fiscal Year 2020 Homeland Security Grant Program (HSGP) in the amount of $24,975; 2) appropriate $24,975 from the unappropriated reserves of the General Fund with a corresponding increase to the General Fund revenues; and 3) authorize the Police Chief to execute all necessary documents related to the grant on behalf of the City.
FISCAL IMPACT
Requires an appropriation of $24,975 from the unappropriated reserves of the General Fund with a corresponding increase to the General Fund revenues.
CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES:
The recommendation detailed above furthers the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
• Financial Stability
• Public Service Excellence through Internal and External Partnerships • Effective Technology
7.6 CONSENT CALENDAR
Packet Pg. 73
COUNCIL MEETING DATE: OCTOBER 4, 2022
SUBJECT: FISCAL YEAR 2020 HOMELAND SECURITY GRANT PROGRAM PAGE 2
BACKGROUND
The Department of Homeland Security provides grant funding for e mergency preparedness activities and terrorism prevention. Funds are awarded to the State of California, which then provides funds to San Bernardino County on behalf of city, county, and special district programs. An approval authority, consisting of count y and city law enforcement, fire, and public health officials, reviews proposed grant expenditures and authorizes projects that meet grant guidelines.
For the Fiscal Year 2020 Grant, the City of Chino Police Department was allocated $25,851.
Agencies are required to appropriate grant funds, directly purchase items or fund training costs.
Subsequently, agencies must request reimbursement through the San Bernardino County Fire District. Cities are also required to consider both federal and state priorities when developing the projects to submit to the approval authority.
One of the state priorities identified for Fiscal Year 2020 was, "Strengthen Emergency Communications Capabilities Through Planning, Governance, Technology and Equipment." With this priority i n mind, the City of Chino Police Department proposed an equipment project that would increase the City's capability in this area.
The Chino Police Department is requesting authorization to purchase ten (10) video capture units with software licensing. The video capture units and software licensing will allow the Chino Police Department to have real -time, live feeds of videos to stream to Department -owned internet connected computer device or mobile devices, expanding the use of our existing equipment used d uring critical incidents, investigations, search warrants, UAS operations, and SWAT operations.
ISSUES/ANALYSIS
The County of San Bernardino and the State of California authorize the City of Chino to use $24,975 of the allocation to purchase the equipment described above and de -obligate the remaining amount as required by the grant.
The Chino Police Department is requesting to use a sole source provider, Cytta Corp. This equipment is not available for purchase through any third party provider.
Attachments:
HSGP FY2020 City of Chino Subrecipient Application
FY20 HSGP Approved Project Worksheet - Chino PD
HSGP FY20 Noncompetitive Source Selction Justification
7.6 CONSENT CALENDAR
Packet Pg. 74
7.6.a
Fiscal Year 2020 HSGP
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Fiscal Year 2020 HSGP
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Cytta Corp.
5450 W Sahara Ave. Suite 300A
Las Vegas NV 89146
Cytta.com: [email protected]
Cytta Contact Info
General Office 855.511.4265: [email protected]
Technical 310.922.0478: [email protected]
Sales Online [email protected]
QUOTE NO.00251 DATE
BILL TO SHIP TO INSTRUCTIONS. TERMS 8/31/2022 Detective Brian Pry
Chino Police Department
13220 Central Avenue
Chino, CA 91710
same IGAN with PO Cytta Hosted
QUANTITY DESCRIPTION UNIT PRICE TOTAL
Software/Hosting
Package
IGAN FUSION MAX – Unlimited
Ports/Users and Streams - Full ICS Video
Capture and Streaming Software module
with Cytta hosting –
(Charged for a flat fee of Cytta Hosting
through November 30, 2027. After service
term, Chino may continue hosting with
current Cytta package or move the IGAN
Fusion Max software to Chino servers at
no further hosting cost.)
Flat fee $24,975.00
Unlimited IGAN Matrix Port(s)
(Introductory pricing) Included Included
10 HDMI to USB Video Capture Units (VCU)
(Introductory pricing) $25.00 Included
1 IGAN ANNUAL SUPS – Annual Standard
Software Upgrades and Premium Support
Services, and Additional features, charged
on an annual basis. (Introductory pricing)
10% of IGAN FUSION
Module price $499.50 Included
SUBTOTAL $24,975.00
SALES TAX
SHIPPING & HANDLING
TOTAL $24,975.00
Thank you for your business!
Accepted and Agreed
_____________________________________
7.6.a
Fiscal Year 2020 HSGP
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7.6.a
Fiscal Year 2020 HSGP
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FY2020 HOMELAND SECURITY GRANT PROGRAM
Jurisdiction: Chino PD
Project # Description AEL # AEL Title Hold Trigger Total Cost Amount Paid by Grant Remaining Balance 1st Milestone Completion
Date Comments:
10 Video Capture Unit (1) - Incident
Management Video Streaming
Technology System and Software
(14)
04SN-01-XMIT
04SW-04-NETW
Systems, Video
Assessment,
Security N/A $25,851 $25,851
National Priority
Project - Enhancing
the Protection of Soft
Targets/Crowded
Spaces. Cannot
modify to a differenct
project. All simple
mods need to be
approved by FEMA.
$25,851 $25,851
7.6.b
Fiscal Year 2020 HSGP
Packet Pg. 79
FY2020 HOMELAND SECURITY GRANT PROGRAM
Jurisdiction: Chino PD
Project # Description AEL # AEL Title Hold Trigger Total Cost Amount Paid by Grant Remaining Balance 1st Milestone
Completion Date Comments:
10 Video Capture Unit (10) - Incident
Management Video Streaming
Technology System and Software (1)
04SN-01-XMIT
04SW-04-NETW
Systems, Video
Assessment,
Security N/A $25,851 $25,851
National Priority
Project - Enhancing
the Protection of Soft
Targets/Crowded
Spaces. Cannot
modify to a differenct
project. All simple
mods need to be
approved by FEMA.
Modification
Approved by Cal OES
Rep. on 8/12. Formal
approval letter is
pending.
$25,851 $25,851
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Revenue: Expenditure: 3277102, VARIOUS PROJECTS
Transfer In: Transfer Out:
M E M O R A N D U M
CITY OF CHINO
PUBLIC WORKS DEPARTMENT
COUNCIL MEETING DATE: OCTOBER 4, 2022
TO: LINDA REICH, CITY MANAGER
FROM: AMER JAKHER, PUBLIC WORKS DIRECTOR
SUBJECT: ROAD MAINTENANCE AND REHABILITATION ACCOUNT PROJECT LIST FOR FISCAL YEAR 2022-23.
RECOMMENDATION
Adopt Resolution No. 2022 -068 to update the Road Maintenance and Rehabilitation Account project list and projected revenues and authorize the City Manager to execute the necessary documents on behalf of the City.
FISCAL IMPACT
The adjusted revenue amount matches the revenue adopted in the Fiscal Year 2022-23 Budget.
Therefore, there is no fiscal impact associated with this item.
CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES:
The recommendation detailed above furthers the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
• Financial Stability
• Responsible Long-Range Planning
7.7 CONSENT CALENDAR
Packet Pg. 115
COUNCIL MEETING DATE: OCTOBER 4, 2022
SUBJECT: ROAD MAINTENANCE AND REHABILITATION ACCOUNT PROJECT LIST FOR FISCAL YEAR 2022-23
PAGE 2
BACKGROUND
On April 28, 2017, the Road Repair and Accountability Act of 2017 (SB1) was signed into law by the Governor. On November 1, 2017, the State Controller began the deposit of various portions of this new funding into the newly cr eated Road Maintenance and Rehabilitation Account (RMRA). A percentage of this new RMRA funding will be apportioned by formula to eligible cities and counties pursuant to Streets and Highway Code (SHC) Section 2032(h). Prior to receiving an apportionment of RMRA funds from the State Controller in a fiscal year, a city or county must submit to the California Transportation Commission (CTC) a list of projects proposed to be funded with these funds pursuant to an adopted city or county budget. In addition, th e list of projects must also be approved by the City Council via resolution. In compliance with the 2017 Local Streets and Roads Funding, Amended Annual Reporting Guidelines dated October 2017, staff identified and developed the various projects outlined i n Resolution No. 2022-068 for new RMRA funding allocations.
ISSUES/ANALYSIS
The City is apportioned a specific amount of RMRA funding each fiscal year that is in turn utilized to fund a variety of road and transportation improvement projects Citywide. The City of Chino is projected to receive an estimated allotment of $1,952,757 in RMRA funds for FY2022 -
23. Therefore, staff recommends that City Council approve Resolution 2022-068, approving the List of Projects for FY 2022 -23 to be funded by the Road Repair and Accountability Act of 2017 (SB1-RMRA) outlined below and described in further detail in the attached resolution:
List of Projects funded in FY 2022-23
Road Repair and Accountability Act of 2017 (SB1-RMRA)
Project
No.
Project Title Project Location
MS221 CITYWIDE SIGNAGE
IMPROVEMENT PROJECT
CITYWIDE
ST221 FY21-22 SIDEWALK CUL-DE-
SAC PROJECT
NORTON AVENUE
ST231 LOCAL STREET
REHABILITATION PROJECT
FY2023
CENTRAL AVENUE N/O SR 60 to CITY
LIMITS and CHINO AVENUE NORTH TO
SR60
ST162 STREET REHABILITATION
PROJECT PIPELINE &
RAMONA AVENUES
PIPELINE AND RAMONA AVENUES
ST182 TDA PROJECT - BICYCLE,
PED. & TRANSIT
IMPROVEMENTS
CITY OF CHINO - VARIOUS LOCATIONS
ADJACENT TO CHINO HIGHSCHOOL
7.7 CONSENT CALENDAR
Packet Pg. 116
COUNCIL MEETING DATE: OCTOBER 4, 2022
SUBJECT: ROAD MAINTENANCE AND REHABILITATION ACCOUNT PROJECT LIST FOR FISCAL YEAR 2022-23
PAGE 3
MS212 PAVEMENT MANAGEMENT
SYSTEM SOFTWARE
CITYWIDE
Attachment: RMRA Resolution
7.7 CONSENT CALENDAR
Packet Pg. 117
RESOLUTION NO. 2022-068
RESOLUTION ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2022-23 FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017 WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide; and WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of our City of Chino are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and
WHEREAS, the City of Chino must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each propose d project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and WHEREAS, the City of Chino, will receive an estimated $1,952,757 in RMRA funding in Fiscal Year 2022- 23 from SB 1; and
WHEREAS, this is the sixth year in which the City of Chino is receiving SB 1 funding and will enable the City of Chino to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and WHEREAS, the City of Chino has undergone a robust public meeting process to ensure public input into our community’s transportation priorities/the project list; and WHEREAS, the funding from SB 1 will help the City of Chino maintain and rehabilitate streets/roads, traffic signals, and add active transportation infrastructure throughout the City of Chino this year and similar projects into the future; and
WHEREAS, the 2018 California Statewide Local Streets and Roads Needs Assessment found that the City of Chino’s streets and roads are in a “good” condition and this revenue will help us increase the overall quality of our road system and over the next decade will bring our streets and roads into excellent condition; and
WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials and practices, will have significant positive benefits to the City of Chino.
NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF CHINO, STATE OF CALIFORNIA DOES HEREBY RESOLVE as follows:
7.7.a
Resolution: 2022-068 RMRA Project List for FY 2022-23
Packet Pg. 118
RESOLUTION NO. 2022-068
PAGE 2
The foregoing recitals are true and correct.
1. The following list of newly proposed projects will be funded in-part or solely with Fiscal Year 2022-23 Road Maintenance and Rehabilitation Account revenues:
Project
No. Project Title Project
Location
Project
Description
Estimated
Useful Life
Anticipated
Project
Schedule
ST182
Bicycle, Pedestrian
& Transit
Improvements
TBD
Pedestrian route
and sidewalk
replacement, path
of travel asphalt
rehabilitation.
Intersection grind
and overlay, cross
gutter repair,
striping,
crosswalks, curb
ramp removal and
replacement.
20 Years September 2022
- June 2023
ST231
Local Street
Rehabilitation
Project FY2023
Central
Avenue N/O
SR60 and City
Limits and
between
Chino Avenue
north to SR60
Grind and overlay,
slurry on and
accessibility
improvements.
10 Years September 2022
- June 2023
2. The following previously proposed and adopted projects may also utilize Fiscal Year 20 22-23 Road Maintenance and Rehabilitation Account revenues in their delivery. With the relisting of these projects in the adopted fiscal year resolution, the City of Chino is reaffirming to the public and the State our intent to fund these projects with Road Maintenance and Rehabilitation Account revenues:
Project No. Project Title Project
Location Project Description Estimated
Useful Life
Anticipated
Project
Schedule
ST162
Street Rehabilitation
Project – Pipeline
and Ramona
Avenues
Ramona
and
Pipeline
Avenues
Grind and overlay
on Pipeline Avenue
from Grand Avenue
to Eucalyptus South,
and accessibility
improvements.
10 Years July 2021 -
June 2023
7.7.a
Resolution: 2022-068 RMRA Project List for FY 2022-23
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RESOLUTION NO. 2022-068
PAGE 3
ST221 FY21-22 Cul-de-sac
Norton Project
Norton
Avenue
Cul-du-
Sac
General sidewalk
improvements for
the project at the
Cul-de-sac on
Norton Avenue,
north of the 60
Freeway.
30 Years
December
2021 -
December
2022
MS212
Pavement
Management
System Software
Project
Citywide
Provides for
procurement of
software and
training for
Pavement
Management
System for Citywide
maintenance.
10 Years July 2021 -
June 2023
MS221 Citywide Signage
Project
Central
Avenue,
Chino
Avenue
and
Mountain
Avenue
from City
Limit to
Limit.
Downtown
Area
Replacement and
installation of
roadway street
signage throughout
the City.
20 Years
September
2021 - June
2023
3. The City Manager or her designee is hereby authorized as Signature Authority to execute all documents necessary to implement and secure any and all funds that may become available to the City from SB 1.
4. The City Clerk shall certify to the adoption of this Resolution
7.7.a
Resolution: 2022-068 RMRA Project List for FY 2022-23
Packet Pg. 120
RESOLUTION NO. 2022-068
PAGE 4
APPROVED AND ADOPTED THIS 4th DAY OF OCTOBER 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 duly adopted by the City Council at a regular meeting held on the 4th day of October, 2022 by the following votes:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ANGELA ROBLES, CITY CLERK
7.7.a
Resolution: 2022-068 RMRA Project List for FY 2022-23
Packet Pg. 121
Revenue: 1006100-59500-G6016 Expenditure: 1006100-43650- G6016/1006100-40010-G6016
Transfer In: Transfer Out:
M E M O R A N D U M
CITY OF CHINO
DEVELOPMENT SERVICES DEPARTMENT
COUNCIL MEETING DATE: OCTOBER 4, 2022
TO: LINDA REICH, CITY MANAGER
FROM: NICHOLAS S. LIGUORI, AICP, DEVELOPMENT SERVICES DIRECTOR
SUBJECT: AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT FOR THE 2021- 2029 HOUSING ELEMENT UPDATE - KIMLEY-HORN AND ASSOCIATES INC..
RECOMMENDATION
Approve an amendment to the Professional Services Agreement in the amount of $25,000 for a total not to exceed $221,315 with Kimley -Horn and Associates, I nc., Orange, CA for the 2021 - 2029 6 th Cycle Housing Element Update and authorize the City Manager to execute the necessary documents on behalf of the City.
FISCAL IMPACT
There is sufficient funding within the SB2 Planning Grant G6016. The increased costs associated with this amendment are completely off -set by grant revenues made possible through the SB2 Planning Grant Program.
CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES:
The recommendation detailed above furthers the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
• Responsible Long-Range Planning
7.8 CONSENT CALENDAR
Packet Pg. 122
COUNCIL MEETING DATE: OCTOBER 4, 2022
SUBJECT: AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT FOR THE 2021- 2029 HOUSING ELEMENT UPDATE - KIMLEY-HORN AND ASSOCIATES INC.
PAGE 2
BACKGROUND
On March 17, 2020, the Ci ty Council approved a contract with Kimley -Horn and Associates, Inc., Orange, CA for the 2021 -2029 6 th Cycle Housing Element Update for a not to exceed amount of $171,315. On November 16, 2021, Council approved an amendment to the professional services agr eement for additional funds needed to fund the environmental review process, for the total contract not to exceed $196,315.
Although the consultant has completed the Housing Element and submitted the draft to California Department of Housing and Community Development (HCD) three times for review, HCD continues to request additional information. The revisions to the draft have been made accordingly and the updated draft has been resubmitted for their review.
ISSUES/ANALYSIS
Due to the continued work by the c onsultant to address the ongoing comments and requested information by HCD to complete the 2021 -2029 Housing Element Update, staff is recommending additional funds to continue the professional services by Kimley -Horn and Associates, Inc.
It has been determ ined that an additional $25,000 is needed to complete the review and public hearing process. The completion of the 2021 -2029 Housing Element ensures responsible long - range planning through policies, strategies, and actions to facilitate the construction of new housing and preservation of existing housing to meet the needs of the City throughout the 2021- 2029 planning period for all economic segments, as required by State law.
The additional funds requested will be offset through the SB2 Planning Grant, ther efore there is no fiscal impact on the City’s General Fund. As a result, staff is recommending City Council approve the proposed amendment with Kimley -Horn and Associates, Inc. to fund the additional work needed in the amount of $25,000 for a total contract not to exceed $221,315.
Attachment: Exhibit A - Amendment to Professional Services Agreement
7.8 CONSENT CALENDAR
Packet Pg. 123
AMENDMENT NO. 5
TO AGREEMENT FOR SERVICES
THIS AMENDMENT TO THE AGREEMENT FOR SERVICES (“Amendment”) by and between the CITY OF CHINO, a California municipal corporation (“City”) and Kimley- Horn and Associates, Inc. (“Consultant”) is effective as of the 4th day of October 2022.
RECITALS
A. City and Consultant entered into that certain Agr eement for Contractual Services dated March 17, 2020 ( “Agreement”) whereby Consultant agreed to provide s ervices for the 2021-2029 Housing Element Update.
B. City and Consultant now desire to amend the Agreement to increase the compensation.
TERMS
1. Contract Changes. The Agreement is amended as provided herein. a. The t otal compensation for Consultant’s services provided for in Article 2, Section 2.1 of the Agreement is hereby increased by Twenty -Five Thousand Dollars ($25,000) due to the need for consultant to address the ongoing comments and requested information by HCD to complete the 2021- 2029 Housing Element Update.
2. Continuing Effect of Agreement. Except as amended by this Agreement, 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 to the Agreement.
3. Affirmation of Agreement; Warranty R e Absence of Defaults. City and Consultant each ratify and reaff irm each and every on e of the respective rights and obligations arising under the Agreement. Each party represents and warrants to the other that there have been no written or oral 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.
7.8.a
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01225.0001/458787.1
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 irrev ocably 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 Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agr eement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound.
[SIGNATURES ON FOLLOWING PAGE]
7.8.a
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01225.0001/458787.1
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
Linda Reich, City Manager
ATTEST:
Angela Robles, City Clerk
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
ALESHIRE & WYNDER, LLP
_____________________________ _____________________________ Fred Galante, City Attorney Nicholas S. Liguori, AICP Director of Development Services Department
CONSULTANT:
KIMLEY-HORN AND ASSOCIATES, INC.
By:
Name: Chad Phillips
Title: Vice President
By:
Name: Brian Gillis, PE
Title: Assistant Secretary
Address: 1100 W Town and Country Road
Suite 700
Orange, CA 92868
Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, Presiden t or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. APPROPRIATE
ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY.
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Packet Pg. 126
Revenue: Expenditure:
Transfer In: Transfer Out:
M E M O R A N D U M
CITY OF CHINO
PUBLIC WORKS DEPARTMENT
COUNCIL MEETING DATE: OCTOBER 4, 2022
TO: LINDA REICH, CITY MANAGER
FROM: AMER JAKHER, PUBLIC WORKS DIRECTOR
SUBJECT: AMENDMENT TO MEASURE I CAPITAL IMPROVEMENT PLAN FOR FISCAL YEAR 2021-2022.
RECOMMENDATION
Adopt Resolution No. 2022-070 to amend Resolution No. 2021-066 revising the Measure I Capital Improvement Plan for Fiscal Year 2021-2022.
FISCAL IMPACT
Amendment of Resolution No. 2021-066 and adoption of Resolution No. 2022-070 is required to make revisions to the adopted Measure I Local Street Pass-Through Funds Five-Year Capital Improvement Plan and Expenditure Strategy to ensure the City continues to receive Measure I funding.
CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES:
The recommendation detailed above furthers the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
• Financial Stability
• Responsible Long-Range Planning
• Public Service Excellence through Internal and External Partnerships
7.9 CONSENT CALENDAR
Packet Pg. 127
COUNCIL MEETING DATE: OCTOBER 4, 2022
SUBJECT: AMENDMENT TO MEASURE I CAPITAL IMPROVEMENT PLAN FOR FISCAL YEAR 2021-2022
PAGE 2
BACKGROUND
In November 1989 County voters approved Measure I, supporting a half -cent sales tax in the incorporated and unin corporated areas of the County for the 20 -year period between April 1,1990, and March 31, 2010. Early in the second decade of Measure I, it became apparent that continuation of the half -cent sales tax would be critical to maintaining funding for transport ation projects in San Bernardino County. Ultimately, the voters of San Bernardino County approved the San Bernardino County Transportation Authority (SBCTA) Ordinance 04-01 on November 4, 2004, extending the half-cent sales tax for 30 years to March 31, 2040.
ISSUES/ANALYSIS
City Council adopted Resolution No. 2021 -066 on September 21, 2021 which identifies CIP projects that will receive and expend Measure I funds for FY 2021 -22. The FY 2021-22 budget later included additional City Council approved appropr iations and transfers funding (3) additional projects (SN211, R7221, and N7604). San Bernardino County Transportation Authority (SBCTA) requires agencies to amend changes within the same fiscal year to the Measure I list in May. CIP missed the opportunity to amend the Measure I list during the same fiscal year. SBCTA is permitting the City to amend Resolution No. 2021 -066 so it may continue to expend Measure I funds. Therefore, City staff recommends City Council amend Resolution No. 2021-066 and adopt Resolution No. 2022-070 which includes the revised Measure I Capital Improvement Plan for Fiscal Year 2021-22.
Attachment: Resolution No. 2022-070.
7.9 CONSENT CALENDAR
Packet Pg. 128
RESOLUTION NO. 2022-070
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHINO,
CALIFORNIA, AMENDING RESOLUTION NO. 2021-066 ADOPTING A FIVE
YEAR MEA SURE I CAPITAL IMPROVEMENT PLAN AND EXPENDITURE STRATEGY FOR FISCAL YEARS 2021-2026
WHEREAS, San Bernardino County voters approved passage of Measure I 1990-2010 in November 1989 and renewed it as Measure I 2010-2040 in November 2004, authorizing San Bernardino Associated Governments (SANBAG), acting as the San Bernardino County Transportation Authority, to impose a one -half of one percent retail transactions and use tax applicable in the incorporated and unincorporated territory of the County of San Bernardino; and
WHEREAS, revenue from the tax can be used only for transportation improve ment and traffic management programs authorized in the Expenditure Plans as set forth in SANBAG Ordinance 89-1; and
WHEREAS, Expenditure Plans of Ordinance 89-1 require each local jurisdiction receiving revenue from the tax to expend those funds pursuant to a Capital Improvement Program adopted by resolution of the local jurisdiction; and
WHEREAS, Expenditure Plans of Ordinance 89-1 also require that each local jurisdiction annually adopt and update its Capital Improvement Plan; and
WHEREAS, SANBAG has also requested that each local jurisdiction prepare an expenditure strategy.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHINO, CALIFORNIA HEREBY RESOLVES AS FOLLOWS:
Section 1. That Resolution No. 2021-066 identifying CIP projects that will receive and expend Measure I funds for FY 2021-22 shall be amended in its entirety and replaced with this Resolution.
Section 2. That the Measure I Local Street Pass-Through Five-Year Capital Improvement Plan, attached hereto and labeled as Exhibit A, is hereby adopted.
Section 3. That the City Clerk shall certify to the passage and adoption of this resolution and thereupon and thereafter the same shall take effect and be in full force.
7.9.a
Amendment to Measure I Capital Improvement Plan for
Packet Pg. 129
RESOLUTION NO. 2022-070
PAGE2
APPROVED AND ADOPTED THIS 4th DAY OF OCTOBER 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 duly adopted by the City Council at a regular meeting held on the 4th day of October 2022, by the following votes:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ANGELA ROBLES, CITY CLERK
Attachment: Exhibit A: Measure I Local Street Pass-Through Funds Five Year Capital Improvement Plan 2021-2026
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Packet Pg. 130
Resolution Number:
Resolution Approval Date:
Contact Person/Title:
Phone:
Email:
Total Est. Rev.
$9,547,341.00
No No 0% 100% $293,341.00 273,116.00 273,116.00 0.00 0.00 0.00 0.00 0.00 0.00 $546,232.00 Yes No 0% 100% $150,000.00 127,675.00 127,675.00 0.00 0.00 0.00 0.00 0.00 0.00 $255,350.00 No No 0% 100% $151,800.00 75,230.16 85,056.16 0.00 0.00 0.00 0.00 0.00 0.00 $160,286.32 No No 0% 100% $1,814,964.00 12,216.74 790,102.39 0.00 0.00 0.00 0.00 0.00 0.00 $802,319.13 No No 0% 100% $252,000.00 24,618.00 250,458.00 0.00 0.00 0.00 0.00 0.00 0.00 $275,076.00 No No 0% 100% $558,055.00 472,905.79 497,905.79 0.00 0.00 0.00 0.00 0.00 0.00 $970,811.58 No No 0% 100% $220,000.00 84,823.34 94,649.34 0.00 0.00 0.00 0.00 0.00 0.00 $179,472.68 Yes No 0% 100% $397,503.00 379,219.00 379,219.00 0.00 0.00 0.00 0.00 0.00 0.00 $758,438.00 Yes No 0% 100% $467,000.00 46,000.00 46,000.00 0.00 0.00 0.00 467,000.00 0.00 0.00 $559,000.00 No No 0% 100% $220,000.00 220,000.00 220,000.00 0.00 0.00 0.00 0.00 0.00 0.00 $660,000.00 No No 0% 100% $225,000.00 0.00 0.00 225,000.00 0.00 225,000.00 0.00 0.00 0.00 $675,000.00 No No 0% 100% $300,000.00 300,000.00 300,000.00 0.00 0.00 300,000.00 0.00 0.00 0.00 $900,000.00 No No 0% 100% $978,866.00 868,886.24 2,068,474.81 0.00 0.00 0.00 0.00 0.00 0.00 $2,937,361.05 $2,023,550.00
FY2021/22 Est. Revenue FY2022/23 Est. Revenue FY2023/24 Est. Revenue FY2024/25 Est. Revenue FY2025/26 Est. Revenue 2022-
Chino
4-Oct-22
Amer Jakher, PW Director
909 334-3535
[email protected] 6/30/21 Carryover Balance: $3,078,608.00 Total
Named Projects:
Project C7053/TR131- Traffic Signal Modification at
Riverside Drive and Ramona Avenue 0.00 0.00
Current
Estimate
Carryover
Funds
Current
Estimate
Carryover
Funds
Current
Estimate
Carryover
Funds
Current
Estimate
Carryover
Funds
Current
Estimate
Carryover
Funds
REVISED RESO 2021-066 DATED 9-21-21
Is Project in
City's
Non-motorized
Transportation
Plan?
(Yes/No)
Does Project
have an ATP
Component?
(Yes/No)
Is the Project on the
City's Nexus Study List?
(Public/DIF Share %)
Estimated Total
Project Cost
$1,787,596.00 $1,857,877.00 $1,911,554.00 $1,966,764.00 Project G7023/ TR151- Traffic Signal Improvement Project- Edison Avenue at Ramona Avenue, Yorba Avenue and
Monte Vista Avenue (HSIP) 0.00 0.00
Project MS202- Accessibility Improvements Citywide 0.00 0.00 Project C7061/TR152- Traffic Signal Modification at
Telephone Avenue and Philadelphia Street 0.00 0.00
Project C7063/TR162- CCTV Camera Installation for TS
Communications- Phase 1- Central Ave/Schaefer Ave;
Central Ave/Riverside Dr; Fern Ave/Kimball Ave; El Prado Rd/Kimball Ave; Main St/Kimball Ave; Mill Creek Ave/Pine Ave; Tenth St/Riverside Dr; Benson Ave/Riverside Dr;
Magnolia Ave/Riverside Dr
0.00 0.00
Project TR 202- Traffic Signal Modification- Pipeline Avenue at Schaefer Avenue 0.00 0.00
Project TR 220- Traffic Signal Modifications at San Antonio Avenue at Walnut Avenue, Philadelphia Street at Monte
Vista Avenue 0.00 0.00
Project TR 172- FY 2016-2017 Traffic Signal Modification- Schaefer Avenue at Ramona Avenue 0.00 0.00
Project TR 182 CCTV; Monte Vista Ave/Chino Hills Pkwy
Camera Installation for TS Communications- Phase 2-
Kimball Ave/Rincon Meadows Ave; Central Ave/Chino Hills Pkwy; Central Ave/Eucalyptus Ave; Mountain Ave/Kimball
Ave; Mill Creek Ave/Bickmore Ave; East Preserve Loop/Pine Ave; Monte Vista Ave/Riverside Dr; Pipeline Ave/Chino Ave; Pipeline Ave/Edison Ave; Spectrum East/Grand Ave;
Spectrum West/Grand; Ramona Ave/Edison Ave; Monte
Vista Ave/Edison Ave; Mountain Ave/Edison Ave; San
Antonio Ave/Edison Ave; Monte Vista/Chino Hills Pkwy
0.00 0.00
Project TR TBD- Traffic Signal Modification Central Avenue at Eucalyptus Avenue 0.00 0.00
Project TR171 Traffic Signal Modifications- Grand Ave at Spectrum East & West
and Paving on Grand from West City Limits to Pipeline Ave
0.00 0.00
Project TR 221- CCTV Camera Installation for TS
Communications- Phase 3- at Pipeline Ave/Chino Ave;
Pipeline Ave/Schaefer Ave; Pipeline Ave/Spectrum North; Pipeline Ave/Grand -Edison Ave; Spectrum West/Grand
Ave; Spectrum East/Grand Ave; Ramona Ave/ Chino Ave;
Ramona Ave/Edison Ave; Monte Vista Ave/Edison Ave
220,000.00 0.00
Project TR TBD CCTV Camera Installation- Phase 4 225,000.00 0.00 Chino Page 1 of 2 Generated on:
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No No 0% 100% $387,635.00 144,149.28 240,149.28 0.00 0.00 0.00 0.00 0.00 0.00 $384,298.56 No No 0% 100% $128,600.00 118,485.00 118,485.00 0.00 0.00 0.00 0.00 0.00 0.00 $236,970.00 No No 0% 100% $167,000.00 25,000.00 166,282.00 0.00 0.00 0.00 0.00 0.00 0.00 $191,282.00 No No 0% 100% $450,000.00 10,000.00 10,000.00 0.00 0.00 0.00 0.00 0.00 0.00 $20,000.00 No No 0% 100% $520,000.00 50,000.00 50,000.00 0.00 0.00 0.00 0.00 0.00 0.00 $100,000.00 No No 0% 100% $200,000.00 35,000.00 200,000.00 0.00 0.00 0.00 0.00 0.00 0.00 $235,000.00 No No 0% 100% $1,662,839.00 211,642.00 3,080,980.93 0.00 0.00 0.00 0.00 0.00 0.00 $3,292,622.93 No No 0% 100% $100,230.00 332,890.00 100,230.29 0.00 0.00 0.00 0.00 0.00 0.00 $433,120.29 No No 0% 100% $70,000.00 0.00 0.00 70,000.00 0.00 0.00 0.00 0.00 0.00 $70,000.00 No No 0% 100% $370,000.00 0.00 26,173.00 343,827.00 0.00 0.00 0.00 0.00 0.00 $370,000.00 No No 0% 100% $539,000.00 0.00 0.00 539,000.00 0.00 0.00 0.00 0.00 0.00 $539,000.00 $3,811,856.55 $9,124,956.99 $1,177,827.00 $0.00 $525,000.00 $467,000.00 $0.00 $0.00 $15,551,640.54 No No $1,600,000.00 300,000.00 300,000.00 300,000.00 325,000.00 $1,525,000.00 No No $1,260,000.00 240,000.00 240,000.00 240,000.00 240,000.00 $1,200,000.00 No No $1,283,043.00 115,374.00 210,941.00 233,387.00 232,000.00 $1,032,468.00 $655,374.00 $750,941.00 $773,387.00 $797,000.00 $3,757,468.00
36.66% 39.28% 39.32% 39.39%
$4,989,683.55
$14,319,424.99
$19,309,108.54
N7604 - Coordination of Traffic Signal System 0.00 0.00 SN211 - Alley/Sanitation Rehabilitation at Various Locations 0.00 0.00 R7221 - East End Avenue Reimbursement County 0.00 0.00
Project TR204- West Preserve Loop at Parkside Street
Intersection Improvements 0.00 0.00
Project TR211-Traffic Signal Modifications- Riverside Drive at Magnolia Avenue and Riverside Drive at Mountain
Avenue 0.00 0.00
Project TR181 TS Battery Backup, and Service Upgrades - Benson Avenue at Park Place, Central Avenue at
Washington Avenue, Magnolia Avenue at Riverside Drive,
Mountain Avenue at Riverside Drive, Monte Vista Avenue at Schaefer Avenue, Pipeline Avenue at Schaefer Avenue,
Ramona Avenue at Walnut Avenue
0.00 0.00
Project TR203- Traffic Signal Modification- Roswell and Schaefer Avenue 0.00 0.00
ST162 - Street Rehabilitation Project - Pipeline & Ramona Avenues 0.00 0.00
ST182 - Bicycle, Pedestrian, & Transit Improvements 0.00 0.00 Project TR212 Traffic Signal Installation Monte Vista Ave at Walnut Ave 0.00 0.00
Project TR214- Traffic Signal Upgrades- Philadelphia Stree t
at Town Square Avenue (Previous TR161) 0.00 0.00
$0.00
(%) Named Projects to FY Est. Revenue: 723.70% 87.35% 27.46% 23.74% 0.00% Named Projects Total: $445,000.00 $0.00
Total Carryover + Estimate: $12,936,813.54 $1,622,827.00 $525,000.00 $467,000.00 Concrete Maintenance/Graffiti Abatement - Citywide 240,000.00 Traffic Control/ Signal Maintenance- Citywide 240,766.00 Categorical Projects:
Asphalt Pavement/Overlay - Citywide 300,000.00
Total Carryover Programming:
Total Estimated Programming:
Total Programming:
Total Programming is currently 145.18% (must not exceed 150%) of Carryover Balance + Total Est. Revenue.
Categorical Projects Total: $780,766.00
(%) Categorical Projects to FY Est. Revenue: 42.02%
Chino Page 2 of 2 Generated on:
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Revenue: Expenditure:
Transfer In: Transfer Out:
M E M O R A N D U M
CITY OF CHINO
DEVELOPMENT SERVICES DEPARTMENT
COUNCIL MEETING DATE: OCTOBER 4, 2022
TO: LINDA REICH, CITY MANAGER
FROM: NICHOLAS S. LIGUORI, AICP, DEVELOPMENT SERVICES DIRECTOR
SUBJECT: THE PRESERVE DEVELOPMENT AGREEMENT – PARTIAL ASSIGNMENT AND ASSUMPTION - LENNAR HOMES OF CALIFORNIA, LLC.
RECOMMENDATION
Approve a Partial Assignment and Assumption of the Preserve Development Agreement between the City of Chino, a municipal corporation; Chino Development Corporation, a California corporation; and Lennar Homes of California, LLC; and authorize the City Manager to execute all documents on behalf of the City.
FISCAL IMPACT
There is no direct fiscal impact to the City of Chino.
CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES:
The recommendation detailed above furthers the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
• Public Service Excellence through Internal and External Partnerships
7.10 CONSENT CALENDAR
Packet Pg. 133
COUNCIL MEETING DATE: OCTOBER 4, 2022
SUBJECT: THE PRESERVE DEVELOPMENT AGREEMENT – PARTIAL ASSIGNMENT AND
ASSUMPTION - LENNAR HOMES OF CALIFORNIA, LLC
PAGE 2
BACKGROUND
In 2004, the City entered into The Preserve Development Agreement (DA) with Chino Development Corporation, Chino Preserve Development Corporation, and Chino Holdi ng Company, LLC (Lewis Companies).
The Preserve is a master -planned residential and commercial community. The DA includes the terms and conditions for the development on property owned by the Lewis Companies and established the rights and obligations through the build-out of The Preserve Specific Plan Area.
ISSUES/ANALYSIS
Per the terms of the DA, the Lewis Companies have the right to sell, transfer, or assign property in whole or in part provided the transfer does not violate the provisions of the Subdivis ion Map Act - Government Code Section 66410 or Title 19 of the Chino Municipal Code.
Lewis Companies approached the City to request the approval of a Partial Assignment and Assumption Agreement with the purchaser, Lennar Homes of California, LLC for the ac quisition of certain property as depicted in Exhibit A. Because this property is covered by the existing DA, it is necessary for the City Council to provide its consent to the Partial Assignment and Assumption Agreement (Assignment) as described in Exhibit B.
Lewis Companies is selling said property in accordance with the terms and conditions set forth in the Sale Agreement between Lennar Homes of California, LLC and Chino Preserve Development Corporation and its affiliates (CPDC). The proposed Assignment r equires the City to release CPDC from obligations under the Preserve Development Agreement as to the property covered by the Assignment. City staff and the developer have determined there are no outstanding issues that would prevent the release. Therefore , it is staff’s recommendation that the City Council approve the Assignment of the Preserve Development Agreement between the City of Chino, CPDC, and Lennar Homes of California, LLC.
Attachments: Exhibit A - Location Map
Exhibit B - Partial Assignment of the Preserve Development Agreement
7.10 CONSENT CALENDAR
Packet Pg. 134
200 S.MAIN ST. STE 300 CORONA CA 92882
7.10.a
Partial Assignment & Assumption (DA) - Lennar
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Partial Assignment & Assumption (DA) - Lennar
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Revenue: Expenditure:
Transfer In: Transfer Out:
M E M O R A N D U M
CITY OF CHINO
DEVELOPMENT SERVICES DEPARTMENT
COUNCIL MEETING DATE: OCTOBER 4, 2022
TO: LINDA REICH, CITY MANAGER
FROM: NICHOLAS S. LIGUORI, AICP, DEVELOPMENT SERVICES DIRECTOR
SUBJECT: FINAL ACCEPTANCE OF PUBLIC IMPROVEME NTS - PL17-0115 AND PL17- 0118 (CANYON RIDGE HOSPITAL, INC.).
RECOMMENDATION
1) Accept the public improvements for Special Conditional Use Permit PL17-0115 and Site Approval PL17-0118 as complete; 2) authorize release of the performance bond and initiate the warranty bond; and 3) authorize the City Manager to execute the necessary documents on behalf of the City.
FISCAL IMPACT
There are sufficient funds included in the City’s Operating Budget to support the maintenance activities related to the improvements.
CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES:
The recommendation detailed above furthers the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
· Positive City Image
7.11 CONSENT CALENDAR
Packet Pg. 145
COUNCIL MEETING DATE: OCTOBER 4, 2022
SUBJECT: FINAL ACCEPTANCE OF PUBLIC IMPROVEMENTS - PL17-0115 AND PL17- 0118 (CANYON RIDGE HOSPITAL, INC.)
PAGE 2
BACKGROUND
On May 21, 2018, the Planning Commission conditionally approved Special Conditional Use Permit PL17-0115 and Site Approval PL17 -0118 to construct a 22,028 sq uare-foot addition to the existing Canyon Ridge Hospital located at 5353 G Street (Exhibit A).
The Conditions of Approval required the developer to construct certain public improvements along Central Avenue and G Street , which necessitated the execution of the Public Improvement Agreement and the posting of securities to guarantee the construction of said public improvements.
ISSUES/ANALYSIS
The public improvements are substantially complete and have been constructed to the satisfaction of the City Engineer . The public improvements that are being accepted by the City include curb and gutter, curb ramps, sidewalk, pavement, signing and striping.
The construction of sidewalk and curb ramp improvements contribute to a positive City image by providing safe pedes trian access along public streets . The improvements that are being accepted have been satisfactorily constructed to meet City and all applicable accessibility requirements.
All required development related fees have been paid and security for a one -year wa rranty period has been submitted. Under the warranty bond obligation, the developer will correct any defects found within one-year of City Council’s acceptance of the project.
Attachment: Exhibit A – Site Plan for PL17-0115 & PL17-0118
7.11 CONSENT CALENDAR
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7.11.a
Final Acceptance of Public Improvements - Canyon Ridge
Packet Pg. 147
Revenue: Expenditure:
Transfer In: Transfer Out:
M E M O R A N D U M
CITY OF CHINO
DEVELOPMENT SERVICES DEPARTMENT
COUNCIL MEETING DATE: OCTOBER 4, 2022
TO: LINDA REICH, CITY MANAGER
FROM: NICHOLAS S. LIGUORI, AICP, DEVELOPMENT SERVICES DIRECTOR
SUBJECT: ANNEXATION TO THE LANDSCAPE AND LIGH TING DISTRICT FOR THE MEDICAL OFFICES PROJECT AT 5143 D STREET (PL19-0090).
RECOMMENDATION
1) Conduct a public hearing; 2) approve Resolution No. 2022 -064 ordering the annexation of PL19-0090 into the Landscape and Lighting District No. 2002 -1 (Annexation/Zone No. 92); and 3) authorize the City Manager to execute the necessary documents on behalf of the City.
FISCAL IMPACT
There is no direct fiscal impact to the City.
CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES:
The recommendation detailed above furthers the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
· Positive City Image
· Public Service Excellence through Internal and External Partnerships
8.12 PUBLIC HEARING
Packet Pg. 148
COUNCIL MEETING DATE: OCTOBER 4, 2022
SUBJECT: ANNEXATION TO THE LANDSCAPE AND LIGHTING DISTRICT FOR THE MEDICAL OFFICES PROJECT AT 5143 D STREET (PL19-0090)
PAGE 2
BACKGROUND
On March 11, 2020, the Chino Planning Division administratively approved PL19 -0090, a request to renovate the existing site and warehouse building to establish a 6,095 -square foot medical office building at 5143 D Street.
The conditions of approval require the applicant to construct certain public improvements along the perimeter of D Street and 5 th Street including, but not limited to, sidewalk, curb ramps, parkway landscaping, reconstruction of alley curb, driveway approaches, and a new street light.
The conditions of approval also require the applicant to annex the property to the City’s Landscape and Lighting District No. 2002 -1 (Annexation/Zone No. 92) for public street light maintenance along the project’s frontage, within the right-of way.
On July 26, 2022, the City Council approved Resolution 2022 -052, which declared the City’s intention to annex the property into the Landscape and Lighting District No. 2002 -1 (Annexation/Zone No. 90) and also approved the Engineer’s Report, which estimates the annual assessment to be levied from the property for street light maintenance. By way of ballots mailed to the property owner(s), the property owner(s) are requested to register their support or protest for the annexation to Landscape and Lighting District No. 2002-1 (Annexation/Zone No. 92).
ISSUES/ANALYSIS
The property owner has filed the required petition to be annexed into the City’s Landscape and Lighting District, to include only the proposed streetlights fronting the project on D Street. The property owner has also filed with the City Clerk an assessment ballot in favor of the annexation. According to State law, if a petition to the City of Chino to undertake annexation proceedings, and an assessment ballot in favor of the proposed assessment a re obtained from the owner of the property involved in the annexation, the City Council may complete the annexation by adopting a resolution annexing the project into the City’s Landscape and Lighting District No. 2002-1 (Annexation/Zone No. 92).
It is estimated that the annual assessment for this project will be $253.95 for the first year. The actual assessment will be based on actual costs, and the assessment amount is subject to change each year to account for maintenance and energy cost changes up to th e annual Consumer Price Index for the region. The annexation and regular maintenance of these streetlights will help ensure the City continues providing excellent public service in partnership with the property owner and an overall positive City image with the competition of the required public improvements.
Attachments: Exhibit A - Location Map
Exhibit B - Resolution No. 2022-064
Exhibit C - Engineer’s Report
8.12 PUBLIC HEARING
Packet Pg. 149
8.12.a
Annexation to the LLD - Medical Offices at 5143 D Street Packet Pg. 150
RESOLUTION NO. 2022-064
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHINO,
CALIFORNIA, ORDERING THE ANNEXATION OF PL19-0090 TO
LANDSCAPING AND LIGHTING DISTRICT NO. 2002-1
(ANNEXATION/ZONE NO. 92)
WHEREAS, the City Council of the City of Chino, C alifornia, has previously formed a special maintenance district pursuant to the terms of the "Landscaping and Lighting Act of 1972" being Division 15, Part 2, of the Streets and Highways Code of the State of California; said special maintenance district known and designated as Landscaping and Lighting District No. 92 (hereinafter referred to as the "Maintenance District"); and
WHEREAS, the provisions of Article 2 of Chapter 2 of the "Landscaping and Lighting Act of 1972" authorize the annexation of additional territory to the Maintenance District; and
WHEREAS, there has been submitted a map showing the parcels and property proposed to be annexed and included within the boundaries of the Maintenance District; and
WHEREAS, the owners of property within th e territory proposed to be annexed to the Maintenance District have filed, with the City Clerk, a Petition to the City of Chino to undertake annexation proceedings and an Assessment Ballot in favor of the proposed assessment for the territory proposed to be annexed; and
WHEREAS, at this time, this legislative body desires to annex that property shown on the map submitted herewith, and to formally accomplish the annexation proceedings to allow said property to be included within the boundaries of the Maintenance District.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CHINO AS FOLLOWS:
SECTION 1. That the above recitals are all true and correct.
SECTION 2. That the map attached hereto as Exhibit "A" is hereby approved and adopted, and the original of said map shall be kept on file in the office of the City Engineer.
SECTION 3. That this legislative body hereby orders the annexation of all the property as set forth and shown on the map as previously approved and, upon adoption of this Resolution, said property shall be formally included in, and become a part of, the Maintenance District and be subject to future assessments to pay for the costs and expenses of the authorized maintenance and services as necessary for the Maintenance District.
SECTION 4. That all future proceedings of the Maintenance District, including the levy of all assessments, shall be applicable to the territory annexed hereunder.
8.12.b
Annexation to the LLD - Medical Offices at 5143 D Street Packet Pg. 151
RESOLUTION NO. 2022-064
PAGE 2
APPROVED AND ADOPTED THIS 4TH DAY OF OCTOBER, 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 duly adopted by the City Council at a regular meeting held on the 4th day of October 2022, by the following votes:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ANGELA ROBLES, CITY CLERK
Attachments: Exhibit A – Location Map
Exhibit B – Assessment Ballot and Petition for Annexation Proceedings
8.12.b
Annexation to the LLD - Medical Offices at 5143 D Street Packet Pg. 152
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Annexation to the LLD - Medical Offices at 5143 D Street Packet Pg. 154
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Annexation to the LLD - Medical Offices at 5143 D Street Packet Pg. 157
CITY OF CHINO, CALIFORNIA
COUNTY OF SAN BERNARDINO
LANDSCAPING AND LIGHTING DISTRICT NO. 2002-1
ANNEXATION NO. 92 ZONE NO. 92
PL 19-0090 ADMINISTRATIVE APPROVAL
(5143 D Street)
ENGINEER’S REPORT
FISCAL YEAR 2022-2023
8.12.e
Annexation to the LLD - Medical Offices at 5143 D Street Packet Pg. 158
ENGINEER’S REPORT
PL 19-0090 ADMINISTRATIVE APPROVAL
JULY 5, 2022 Page 2 of 3
Section 1. – Authority of Report
This report is in compliance with the requirements of Article 4, Chapter 1, Part 2, Division 15 of the Streets and Highways Code, State of California (Landscaping and Lighting Act of 1972).
Section 2. – General Description
The City Council has requi red that developers of residential tracts or commercial/industrial parcels annex said property to the Landscaping and Lighting District No. 2002-1 for the purpose of off -setting the costs associa ted with maint aining, opera ting and servicing of common landscaped areas and street lights in said property. The designated contiguous property to be annexed is described as follows:
PL 19-0090 ADMINISTRATIVE APPROVAL
ANNEXATION/ZONE NO. 92
Convert existing warehouse into a medical office.
Section 3. – Maintenance
Detailed maintenance activities shall include:
A. STREET LIGHTS – The repair, removal or replacement of all or any part necessary to provide for the normal operation and maint enance of street lights. Routine repairs include replacement of the light bulb, fuse or photocell. Extraordinary repai r includes replacement of the ballast, luminaire or correction of a wiring problem. Also included are the energy costs of the street light system.
Section 4. – Plans and Specifications
Plans and specifications for the landscaping and street lighting have been prepared and will be approved as a part of the improvement plans.
In conformance with the Conditions of Approval, and by referen ce, they are made a part of this report t o the same extent as if said p lans and specifications were attached hereto. Exhibits define the boundaries of the proposed annexation and the maintenance area. These plans and exhibits are on file and available fo r review in the Public Works Department a nd, in conjunction with County Assessor’s maps of the area to be annexed, comprise the assessment diagrams for the respective annexations. The said Assessor’s maps are on file in the offi ce of the County Assessor and are by reference made a part of this r eport to the same extent as if they were attached hereto.
Section 5. – Estimated Cost and Assessments
No City costs will be incurred for parkway or street light improvement co nstruction. All improvements will be constructed by the developer. Based on d ata from other cities, contrac t analysis and developed work standards, it is estimated that the total maintenance cost for street lighting will be approximately $253.95 for the first year for PL 19-0090 ADMINISTRATIVE APPROVAL. This cost is estimated only ; actual assessment will be based on actual cost data.
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ENGINEER’S REPORT
PL 19-0090 ADMINISTRATIVE APPROVAL
JULY 5, 2022 Page 3 of 3
The estimated total costs for Annexation No. 92 into Landscaping and Lighting District No. 92 are shown below.
PL 19-0090 ADMINISTRATIVE APPROVAL
ANNEXATION/ZONE NO. 92
ESTIMATE OF THE COST OF MAINTENANCE WORK
Annual Maintenance Cost of SCE-Owned Street Lights
Annual Maintenance Costs Summary
Total Annual Street Light Maintenance Cost $ 69.00
County Assessor Charge ($100 + $0.30/lot) $ 100.30
Total Direct Cost $ 169.30
Supplies and Services (18% of Direct Cost) $ 30.47
Administration (12% of Direct Cost)) $ 20.32
Reserve Funds (20% of Direct Cost) $ 33.86
Total Annual Assessment for this Development $ 253.95
Total Annual Assessment Per Lot $ 253.95
Average Monthly Cost Per Lot $ 21.16
Lamp Size No.
Annual
Maintenance +
Energy Cost Total
Perimeter 4,000 (32 Watts) 0 $136.00 /Lamp = $0.00
4,000 (41 Watts) 1 $138.00 /Lamp = $138.00
8,500 (88 Watts) 0 $170.00 /Lamp = $0.00
10,000 (90 Watts) 0 $172.00 /Lamp = $0.00
15,000 (161 Watts) 0 $224.00 /Lamp = $0.00
Council Policy to fund 50% of perimeter
costs Subtotal $69.00
Annual Street Lighting Total $69.00
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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: OCTOBER 4, 2022
TO: LINDA REICH, CITY MANAGER
FROM: ROB BURNS, DIRECTOR OF FINANCE
SUBJECT: INTRODUCTION OF ORDINANCE NO. 2022 -016 AMENDING CHAPTERS
5.04, 5.20, AND 5. 24 OF THE CHINO MUNICIPAL CODE REGULATING BUSINESS LICENSE.
RECOMMENDATION
Approve the Introduction of Ordinance No. 2022 -016 amending the Chino Municipal Code regulating Business Licensing, to be read by number and title only, and waive further reading of the Ordinance.
FISCAL IMPACT
There is no fiscal impact resulting from these changes to the City’s Municipal Code regarding Business Licensing. Application fees to obtain a Business License are already established and are proposed to cover expenses incurred by the City in enforcing this Ordinance. Administrative Fines and other cost recovery mechanisms and penalties for violations of the Ordinance are also proposed to offset the potential costs of enforcement incurred by the City.
CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES:
The recommendation detailed above furthers the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
• Positive City Image
• Superior Customer Service
• Financial Stability
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COUNCIL MEETING DATE: OCTOBER 4, 2022
SUBJECT: INTRODUCTION OF ORDINANCE NO. 2022-016 AMENDING CHAPTERS 5.04,
5.20, AND 5.24 OF THE CHINO MUNICIPAL CODE REGULATING BUSINESS LICENSE PAGE 2
BACKGROUND
Over time, staff has identified the need to revise various sections of the City’s business license permit provisions of Chapters 5.04, 5.2 0, and 5.24 of the Chino Municipal Code (CMC) to streamline the operations and best promote public peace, safety, health and welfare of the community. The ordinance presented with this report accomplishes several changes as described below.
Currently, the CMC Chapter 5.04.430 refers to the Community Development Department. Staff recommends making the necessary correction to accurately reference the Development Services Department.
The current CMC Chapter 5.04.440 states that a notice shall be published i n a newspaper with local circulation containing the name of any business applying for special business permit and to allow for public comment until one week after publication. Staff recommends removing this language from the CMC to allow timely processing of all special business permits.
The special business permit application process includes an extensive review by City staff including multiple division managers and directors. All members of the special business permit committee must approve the special business permit before issuance occurs. The current CMC Chapter 5.04.460 states that once the special business permit committee approves the application, the City Manager must issue the special business permit. In an effort to issue the special business pe rmit in a timely manner, allowing our businesses to operate promptly, staff recommends allowing the City Manager or a designee appointed by the City Manager to issue the special business permit. The proposed amendment to CMC Chapter 5.04.460 would allow the City Manager the flexibility of having a designee issue/sign special business permit certificates on their behalf.
Currently, the CMC Chapter 5.20.010 has updates in the description of Live Entertainment. In addition to a live band, a disc jockey (DJ) i s one of the most common forms of Live Entertainment in the city. The proposed amendment to CMC Chapter 5.20.010 would clarify that a DJ would require a Live Entertainment special business permit. Staff also recommends removing the word “female” from CMC C hapter 5.20.010 and Chapter 5.20.020 as it could be perceived as discriminatory.
Certain massage establishments that were in the City of Chino were illicit establishments that have been used for prostitution, which is a current and immediate threat to the public peace, health, safety, and welfare of the community. In September 2014, Governor Brown signed into law AB 1147, effective January 1, 2015, amending statewide regulation of massage therapy in the Business and Professions Code sections 460 and 4600 -4621 as well as Government Code section 51034. In adopting AB 1147, the Legislature intended, among other things, that the broad control over land use in regulating massage establishments be vested in local governments so that they may manage those establis hments in the best interests of the individual community, and that the requirements and practice of the massage therapy profession remain a matter of statewide concern, regulation, and oversight. In order to give the City time to study the effects and impa ct of AB 1147, (which concern the governing of zoning, business licensing, and reasonable health and safety requirements of massage establishments) the City adopted Ordinance No. 2015-007 on October 6, 2015, and Ordinance No. 2015-010 on November 17, 2015. Acting as interim urgency ordinances, this established a moratorium on the issuance of new permits, licenses, approvals or entitlements for massage establishments in the City until October 5, 2017. The moratorium has since expired and City staff is reques ting an
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COUNCIL MEETING DATE: OCTOBER 4, 2022
SUBJECT: INTRODUCTION OF ORDINANCE NO. 2022-016 AMENDING CHAPTERS 5.04,
5.20, AND 5.24 OF THE CHINO MUNICIPAL CODE REGULATING BUSINESS LICENSE PAGE 3
amendment to the City’s Massage Establishments Ordinance, codified as Chapter 5.24.060 and
5.24.120 of the Chino Municipal Code (CMC). Staff recommends allowing a new person or entity to apply for a massage establishment business license at a locat ion where criminal activity previously took place after 8 years for any applications pending at the time of approval of the ordinance and after 10 years for any new applications. Execution of this amendment will result in a more efficient and fair process when accepting business license applications for massage establishments in the City. Staff also believes it is necessary and beneficial to amend the Massage Establishments Ordinance to promote equity and fairness to potential business owners.
As the city continues to grow, the number of special events has increased. The City’s practice has been to allow vendors to temporarily operate at approved special events. The number of vendors operating at approved special events has also increased. In an effort to p romote the public peace, health, safety, and welfare of the community, staff regulates the temporary vendors to ensure the vendor has obtained the required state license or certificate along with any other required certifications or permits. Special event organizers are required to provide a site plan of the event which should include the setup of approved vendors. Currently, the special event vendor permit application process is a practice that staff recommends being codified as CMC Chapter 5.04.540 Special Event Vendor Permit at Approved Special Events. The addition of CMC Chapter 5.04.540 would not change the current practice. Special event organizers shall submit an approved vendor list to business license staff prior to the special event. Each vendor will submit a Special Event Vendor Permit Application to business license staff along with required documents if applicable. Vendors without a current City business license will pay a $13 fee which already exists in the User Fees. Vendors with a current Cit y business license will be exempt from paying the $13 fee. Upon review of the application, staff will issue a Special Event Vendor Permit which would be valid for the duration of the special event.
ISSUES/ANALYSIS
The proposed amendment to CMC Chapter 5. 04.440 allows staff to promptly process special business permit applications without unnecessary delays.
The proposed amendment to CMC Chapter 5.04.460 would allow the City Manager the flexibility of having a designee issue/sign special business permit ce rtificates on their behalf. The special business permit application is reviewed by several levels of staff before it is approved. The City Manager shall be notified of all special business permit applications pending and approved.
The proposed amendment t o CMC Chapter 5.20.010 would promote public peace, health, safety, and welfare of the community by providing a clear definition of Live Entertainment. The second proposed amendment to CMC Chapter 5.20.010 and Chapter 5.20.020 would ensure the City is fair and equitable in regulating live entertainers.
In general, the proposed CMC amendments to Chapter 5.04 clarify the regulations applicable to multiple business types in the city, including, but not limited to, massage establishments. The current CMC does not specify a timeframe in which a new person or entity may apply for a new massage establishment business license at a location where criminal activity took place and the massage establishment business license was revoked or suspended. The amended sections of Chapter 5.24 would prohibit any person or entity from applying for a massage establishment business license at a location where criminal activity took place and the massage establishment business license was revoked or suspended within 8 years for an y applications pending at the
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COUNCIL MEETING DATE: OCTOBER 4, 2022
SUBJECT: INTRODUCTION OF ORDINANCE NO. 2022-016 AMENDING CHAPTERS 5.04,
5.20, AND 5.24 OF THE CHINO MUNICIPAL CODE REGULATING BUSINESS LICENSE PAGE 4
time of approval of the ordinance and after 10 years for any new applications. The Police Chief has confirmed that this timeline should address the issues that prompted the original prohibition in the ordinance.
Staff further conducted a survey of surrounding agency’s municipal code /code of ordinances as it pertains to massage establishment business licenses. The survey included the City of Riverside, Los Angeles County, San Bernardino County, City of Chino Hills, and City of U pland.
Staff found that when there is criminal activity at a massage establishment and the business license is revoked, the other agencies allow a new person or entity to apply for a new massage establishment business license within an average of 1 – 5 yea rs. The proposed ordinance amendments will continue to help the City to abate illicit massage establishments used for prostitution and promote the public peace, safety, health, and welfare of the community. The amendments to these chapters of the CMC will also clarify the basis for the City to fairly deny or fail to renew a business license to operate a massage establishment, in accordance with defined criteria, as well as the appeal and hearing process governing any appeal of the City’s decision. The curre nt CMC prohibits the issuance of a business license to operate a massage establishment to any applicant or entity if the property upon which the proposed massage establishment will operate as indicated in the application has had a prior revocation of a business license for a massage establishment or the property was associated with criminal activity relating to massage establishment activity. The CMC penalizes the location and future applicants as it stands. Staff surveyed surrounding agencies and found that the CMC is the only code that penalizes the location indefinitely.
Massage Establishment Code of Ordinance for City of Riverside, San Bernardino County, Los Angeles County, City of Chino Hills, and City of Upland:
City of Riverside Code of Ordinance s Chapter 5.52 Massage/5.52.145 states that the Chief of Police may deny a massage establishment permit if within the past five years, the property had a massage establishment permit revoked or suspended or if there was criminal activity relating to massage ac tivity or if the massage establishment permit has been revoked or suspended in the past year.
San Bernardino County Code of Ordinances Chapter 19 Massage Clinics/41.1918 states that if a license issued under this chapter is revoked, there shall be a six -month waiting period before any person may apply for a license under this chapter where such license relates to massage clinic that had its license revoked, regardless of the current location of the massage clinic and the identity of the applicant.
Los Angeles County Code of Ordinances Chapter 7.54 Massage Establishments/7.54.300 states that whenever a license has been revoked, the former licensee, whether a person, partnership, or corporation, shall not be granted a new license for a period of one year from the date of revocation. 7.54.050 Based on the background check results a license may be denied, suspended, or revoked if the applicant within the last five years, had a license or permit governing Massage Establishments in any city, county or state denied, suspended or revoked.
City of Chino Hills Code of Ordinances/Chapter 5.24 .050 The applicant has not had a massage technician, massage establishment, escort service, nude entertainment, nude photo studio or similar type of license or permit suspended wi thin one year or revoked within three years immediately preceding the date of the filing of the application, unless the applicant can show a material change in circumstances or that mitigating circumstances exist since the revocation or suspension.
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COUNCIL MEETING DATE: OCTOBER 4, 2022
SUBJECT: INTRODUCTION OF ORDINANCE NO. 2022-016 AMENDING CHAPTERS 5.04,
5.20, AND 5.24 OF THE CHINO MUNICIPAL CODE REGULATING BUSINESS LICENSE PAGE 5
City of Upland Chapter 5 Massage Establishments/5.60.040 states that the chief shall have up to 120 days to investigate the application and the background of the applicant. Upon the completion of the investigation, the chief shall grant the permit if he or she f inds all of the following: The applicant has not had a massage establishment, massage technician, or other similar permit or license denied, revoked, or suspended by the city, or any other state, territory, county, parish or local agency prior to the date of approval.
The proposed addition of CMC Chapter 5.04.540 would allow for the regulation of vendors temporarily operating in the City. In addition to promoting public peace, health, safety, and welfare of the community, vendors will have the opportunity to safely operate at special events throughout the City.
Attachment: Ordinance No. 2022-016
RB/NL:hm
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ORDINANCE NO. 2022-016
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHINO, CALIFORNIA, AMENDING MULTIPLE SECTIONS OF
CHAPTERS 5.04, 5.20, AND 5. 24 OF THE MUNICIPAL CODE
REGARDING BUSINESS LIC ENSES, LIVE ENTERTA INMENT,
AND MASSAGE ESTABLISHMENTS
The City Council of the City of Chino, California, does hereby ordain as follows:
Section 1. Subsection ( A) of Section 5.04.430 (Special permit committee) of the Chino Municipal Code is hereby revised as follows (additions in bold underline; deletions in bold strikethrough):
A. A special permit c ommittee comprised of at least one member of the community development services department, public works department, police depart ment and administration department is established to investigate, review, and issue sp ecial b usiness perm its; and consider the revocation or extension of special business permits in accordance with the provisions of this chapter.
Section 2. Section 5.04.440 (Review by special permit committee) of the Chino Municipal Code is hereby deleted in its entirety.
Section 3. The first paragraph of Section 5.04.460 (Contents of special business permit) of the Chino Muni cipal Code is here by revised as follows with the remainder of the section remaining unchanged (additions in bold underline):
Upon the decision by the special permit committee, or city council on appeal, that a special business permit should be granted to the applicant pursuant to this chapter, the city manager or de signee, after the applican t has c omplied with applicable general licensing requirements, shall issue to such applicant a special business permit which shall contain:
Section 4. Section 5.04.540 (City event ven dor permit ) is hereby added to the Chino Municipal Code and shall read as follows:
5.04.540 - Special event vendor permit.
Any person or business wishing to participate a s a ven dor, or otherwise have a booth or stand, or to perform, solicit, or sell any products or services, at a special event, as d efined in Section 10.64.020 of th is code, sha ll first obtain a special event vendor permit from the city, even if the person or business al ready has a City of Chino business license.
A. Applicants for a special even t vendor permit shall submit an applica tion at least 30 days prior to the first day of the special event on a form created by the city, which shall include the following:
1. The name, address , and t elephone number of th e person or bus iness applying for the permit;
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2. The name, date, and location of the special event;
3. A detailed description of the activities that the applicant will be conducting at the special event;
4. Whether the applicant has a valid City of Chino business license;
5. Proof that the applicant has all required permits and licenses to c onduct the d escribed a ctivities at the special event, in cluding but not limited to state licenses, county health permits, and liquor licenses; and
6. Any other information r equired by the Director of Finance to ensure tha t the vendo r’s activ ities will not create a t hreat to the health, safety, or welfare of the public.
B. Applicants that have a valid business license will not be required to pay a fee for the s pecial event vendor permit . Applicants that do not have a valid business license will be required to pay a special event vendor permit fee as established by the City Council.
C. Special event vendor permits shall be issued if the Director o f Finance or designee finds that the applicant is listed as an authorized vendor for the special event and that the vendor’s participation in the event will not create a threat to the health, safety, or welfare of the pu blic. The Director of Finance or designee may impose conditions on the issuance of the per mit as necessary in order to make these f indings. The fact that the applicant, or a different entity managed by the s ame indi viduals, p reviously had a special event vendor permit revoked by the city may be gr ounds for the de nial of a new special event vendor permit. The decision of the Director of Finance or designee may be appealed in accordance with Secton 5.04.300.
D. Special event vendor permits are val id for the entire dur ation of the special event, as stated in the special event permit.
E. Special event vendor permits shall be prominently d isplayed on booths or stands used by the ven dor at the special event and s hall be shown to city code enforcement officers upon request.
F. Special event vendor permits may be re voked by the Director of Finance or designee upon a findi ng that the ven dor is c onducting activities no t listed in the application, the vendor is not complying with conditions of approval listed in th e permit, the ven dor made material misrepresentations in the permit application, or t he ven dor is otherwise engag ing in activities that create a threat to the health, safety, and welfare of the public. Revocations shall be effective immediately ; however, the notice of revocation shall state the reasons fo r the revo cation and provide the ve ndor with an opportunity to request a h earing before the Director of Finance or designee within five business days of the notice to d ispute the re vocation, and t he city shall endeavor to conduct the hearing prior to date of the special event, if possible.
The decision of the Director of Finance or designee following the hearing may be appealed in accordance with Secton 5.04.300.
G. A separate special event vendor permit is requi red for each separate special event. Special event vendor permits are not transferrable.
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Section 5. Section 5.20.010 (Live entertainment defined) of the Chino Municipal Code is here by revised as fol lows (additions in bold underline ; deletions in bold strikethrough):
"Live entertainment," as used in this chapter, shall not include entertainment provided by the use of a radio , mu sic recording machine or j uke box , or any entertainment provided unde r the supervision of school authorities or the Chino Recreation Association or any nonprofit organization or service club. However, it shall include any presentation or activity of an y nature which is designe d or intended to divert, amuse, or attract the a ttention of persons observing such presentation or activities, including an y type of presentation, but not limited to, any type of presentation in which live entertainers or performer s appear before an audien ce of any nu mber of pers ons including mus ic p layed by a dis c jockey. The mere presence of any female employee in such publi c place, unclothed or in such attire, costume or clothing as to expose to public view any portion of either breast at or be low the areola thereof or of any o ther private part of any such employee, or the permitting or allowing of any other female person present on the premises to participate in any performance in such public place, unclothed or in such attire, c ostume or cloth ing, shall cons titute "live entertainment" within the mea ning of the term as used in this chapter .
Section 6. Section 5.20.020 (Restrictions on live fe male entertainers) of the Chino Muni cipal Code is here by revised as follows (deletions in bold strikethrough):
5.20.020 Restrictions on live female entertainers.
Any s uch live female entertainers shall not be permitted to mingle with or fraternize with the patrons and customers present on the premises, and such entertainers shall be restricte d to per forming on a raised pla tform w hich is at least eighteen inches above the floor level, and a minimum of six feet in distance from the nearest patron or customer.
Section 7. Subsection (D) of Section 5.24.060 (Massage
establishments—Business license, special conditional use permit , and l ocation) of the Chino Muni cipal Code is h ereby revised as follows (additions in bold underline):
D. The city shall not issue or allow a transfer of a business license to operate a massage estab lishment, or any other type of b usiness, to any applican t or entity if:
1. The applicant has had a license to operate a massage establishment or other permit denie d, suspended or revoked by the city or any other city, county, state, local agency, or other licensing authority, or has had to surrender a permit or license as a result of pending criminal charges or in lieu of said permit or license being suspended or revoked.
2. The property upon which the proposed massage establishment will operate as indicate d in the application ha s had a p rior rev ocation of a business l icense for a massage establishment o r sta te massage certificate or the property w as associated with cr iminal activity relating to massage establishment activity within the last ten years. The new applicant must not have any affiliation with the previous owner(s) or employee(s) or subcontractor(s).
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Section 8. Subsection (C) of Section 5.24.120 (Violations—Penalty) of the Chino Muni cipal Code is here by revised as follows (additions in bold underline):
C. No mas sage establ ishment shal l be establi shed or re-established in a location in which a m assage establishment has been closed due to criminal activity within the last ten years, whether or not any person has been convicted for criminal conduct.
Section 9. Applicability to Pending Applica tions for M assage Establishmen ts.
Notwithstanding the amendments in Sections 7 and 8 of this Ordinance, and provided that the application meets all other applicable requirements, the City may issue or allow the transfer of a business license to operate a m assage establishment to an applicant with a n applic ation pending on the date of app roval of this O rdinance if the property upon which the proposed massage establishment will operate has not had a prior revocation of a business license for a massage establishment or state massage certificate and the property has not been associated with cr iminal activity relating to massage establishment activity or been closed for cri minal activity within the last eight (8) years.
Section 10. Severability. If any sec tion, su bsection, sentence , clause, phrase, or portion of this Ordinance, or the applica tion thereof to a ny person or circ umstances, is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any other provision or appl ication, and to t his end the provisions of this ordinance are declared to be severable. The City Council hereby declares that it would have adopted this ordina nce and each section, subsection, sentence, clause, phrase, part or po rtion ther eof, i rrespective of t he fact that any one or more s ections, subsecti ons, sentences, clauses, phrases, parts or portions thereof be declared invalid or unconstitutional.
Section 11. Effective Date. This Ordinance shall b e in full force a nd effect thirty (30) days after its second reading and adoption.
Section 12. Certification. The City Cl erk of the City of Chino shall cert ify to the passage and adoption of this Ordinance and shall cause the same to be published in the Chino Champion, a new spaper of gener al circula tion, w ithin sa id Ci ty in accordance with the provisions of the Government Code.
ADOPTED THIS _____ DAY OF ______________ 2022.
By:
EUNICE M. ULLOA, MAYOR
ATTEST:
By:
ANGELA ROBLES, CITY CLERK
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Ordinance No. 2022-016
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) §
CITY OF CHINO )
I, Angela Robles, City Clerk of the C ity of Chino do he reby certify that the foregoing Ordinance of the City of Chino was duly adopted by said City Council at a regular meeting held on the ____ day of __________ 2022 by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
By:
ANGELA ROBLES, CITY CLERK
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Revenue: Expenditure: 5203100-43650, 5303110-43650, 5317345- 43650
Transfer In: Transfer Out:
M E M O R A N D U M
CITY OF CHINO
FINANCE DEPARTMENT
COUNCIL MEETING DATE: OCTOBER 4, 2022
TO: LINDA REICH, CITY MANAGER
FROM: ROB BURNS, DIRECTOR OF FINANCE
SUBJECT: WATER AND WASTEWATER RATE AND SOLID WASTE AND RECYCLING RATE STUDY.
RECOMMENDATION
Award and authorize a contract with Raftelis Financial Consultants, Inc., Pasadena, CA, for 1) Water and Wastewater Rate Stud y services for $91,471; 2) Solid Waste and Recycling Rate Study services for $48,704 for fee and expenses ; $6,320 franchise fee, and a 10% contingency of $4,871 totaling contract amount not to exceed $59,895; for a total amount of $151,366; and 3) authorize the City Manager to execute all necessary documents on behalf of the City.
FISCAL IMPACT
This was a budgeted item in the FY 2022 -23 Adopted Operating Budget. Conducting a rate study will result in providing adequate revenues to ensure that the physical integrity of utility systems are properly maintained, in addition to providing a fair and reasonable rate structure.
CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES:
The recommendation detailed above further s the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
• Financial Stability
• Responsible Long-Range Planning
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COUNCIL MEETING DATE: OCTOBER 4, 2022
SUBJECT: WATER AND WASTEWATER RATE AND SOLID WASTE AND RECYCLING
RATE STUDY
PAGE 2
BACKGROUND
Each year , the City of Chino reviews water, sewer, and storm drain rates to ensure the operating integrity of these systems. Over th e last several years, water rates have been increased in order to meet the rising costs of purchased water as well as other maintenance and operational costs. Sewer and storm drain rates have also been adjusted according to their operational needs.
In order to maintain Chino’s water, sewer and storm drain systems, and to ensure the highest quality of services for Chino residents and businesses, the City desires to perform a long -range financial analysis for these systems. This analysis would provide a com prehensive review of all regulatory and operating requirements, including such items as: 1) a long -range infrastructure replacement program; 2) establishment of adequate operating and capital reserves; 3) a review of existing and available rate structures; and 4) a recommendation of rates for the next five years.
Performing the financial analysis at this time will help staff meet its goal of providing a safe and adequate water supply for residents and businesses, as well as providing for adequate disposal of sewer and storm water runoff. It is anticipated that the rate study will be completed over a four-to-five-month period.
The solid waste component of this rate study also includes the added service of food waste for residential customers in compliance with Senate Bill 1383 (“SB 1383”) which was signed into law on September 19, 2016, directing public agencies to reduce organic waste disposal by 75% and increase edible food recovery by 20% by 2025. SB 1383 is the most significant waste reduction mandate adopted in California in the last 30 years. SB 1383’s regulations apply to all persons and entities that generate organic materials, such as food scraps and plant trimmings.
All waste generators are required to divert their organic materials from the garba ge. In accordance with SB 1383, the City adopted Ordinance No. 2021 -014 as the City’s first step to comply with SB 1383. The next step is to begin the actual collection of food waste and have it diverted to a high diversion organic recovery facility.
ISSUES/ANALYSIS
Finance staff prepared a Request for Proposal (RFP) for a comprehensive Water and Wastewater Rate Study Consultant. The RFP was sent to qualified consulting firms as well as posted on the City’s website. The City received six proposals in res ponse to our request. A review and selection committee comprised of Finance and Public Works Department staff was formed to review the proposals and interview selected firms. Four firms were selected for in - house interviews.
Based on the Committee’s re view of the submitted proposals, in -house interviews, and the submitted fee, the Committee recommends that the City Council award a contract to Raftelis Financial Consultants, Inc., Pasadena (Raftelis) and be awarded a contract to perform the City’s Water and Wastewater Rate Study in the amount of $ 91,471. The Committee’s selection is based on the ir professionalism, comprehensive proposal, depth of knowledge and experience.
Additionally, Raftelis is an industry leader in the area of water and wastewater rat e studies, and
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COUNCIL MEETING DATE: OCTOBER 4, 2022
SUBJECT: WATER AND WASTEWATER RATE AND SOLID WASTE AND RECYCLING
RATE STUDY
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over 40 staff members with extensive experience performing utility rate studies.
Public Works staff prepared a separate RFP for a comprehensive Solid Waste and Recycling Rate Consultant that specified that the study would need to be in ac cordance with the current contract form and exclusive franchise agreement with Waste Management Services , the City’s waste and recycling services contractor. The RFP was posted on the City’s website and Planet Bids. There were no proposals received from the formal solicitation, which closed on August 22, 2022. After the closing date, three proposals were received and a n informal review was conducted. Raftelis was selected based on their depth of knowledge and experience dealing with the City’s Solid Waste rates. In addition to the award of $48,704 for fees and expenses and $6,320 franchise fee, staff recommends adding a 10% contingency in the amount of $4,871 for the Solid Waste and Recycling portion of the rate study fee due to the complexity and time constraints of SB 1383. The total award for the Solid Waste and Recycling Rate portion of the fee study including a franchise fee is $59,895.
Staff recommends that City Council award a contract to Raftelis Financial Consultants in the amount of $151,366 for Water and Wastewater Rate Study and Solid Waste and Recycling Rate Study services.
RB/NL:hm
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Project Name/No.: ________________ Contract No.: ______________ Project Manager: ________________ Approved: ______________
01225.0001/458446.1 (Long Form)
AGREEMENT FOR SERVICES
BETWEEN THE CITY OF CHINO AND
RAFTELIS FINANCIAL CONSULTANTS, INC.
THIS AGREEMENT FOR SERVICES (herein “Agreement”) is made and entered into this 4th day of October, 2022 (“Effective Date”) by and between the City of Chino, a California municipal corporation (“City”) and Raftelis Financial Consultants, Inc. (“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 Proposals 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 in Article 1 of this Agreement, 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 the mut ual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows:
ARTICLE 1. SERVICES OF CONSULTANT
1.1 Scope of Services.
In compliance with all terms and c onditions of this Agreement, 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, competen t, a nd professional manner, 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
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purposes of this Agreement, the phrase “highest professional 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 havi ng 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, Section 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 other a pplicable 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 therefore sub ject 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 Labor Code Section 1771. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages are on file at City Hall and will be made available to any interested party on request. By initiating any work under this A greement, Contractor acknowledges receipt of a copy of the Department of Industrial Relations (DIR) determination of the prevailing rate of per diem wages, and Contractor shall post a copy of the same at each job site where work is performed under this Agreement.
(c) Penalty for Failure to Pay Prevailing Wages . Contractor shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay preva iling
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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 worke r 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 subcontrac tor 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, Section 200 et seq. concerning the employment of apprentices on public works projects. Contractor shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Contractor shall provide City with a copy of the information submitted to a ny 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 b ound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the City, forfeit twenty -five dollars ($25) for each worker employed in the performance of this Agreement by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2 , Pa rt 7, Chapter 1, Article 3 of the Labor Code.
Pursuant to Labor Code section 1815, work performed by employees of Contractor in excess of eight (8) hours per day, and forty (40) hours during any one week shall be permitted upon public work upon compens ation for all hours worked 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 paym ent of compensation to its employees if it has employees. In accordance with the provisions of California Labor Code Section 1861, Contractor certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”
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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 (c ommencing 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 contrac tual provisions and ensure subcontractor's compliance, including without limitation, conducting a review of the certified payroll records of the subcontractor on a periodic basis or upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Contractor shall diligently take corrective action to halt or rectify any such failure by any subcontractor.
1.5 Licenses, Permits, Fees and Assessments.
Consultant shall obtain at its sole cost and expense such licenses, permits and 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, which m ay 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, assessme nts, 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 perfor med, (ii) has carefully 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 Scope of Services includes the provision and/or installation of any software, computer system, or other computer technology, Consultant represents and warrants that it has 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 soft ware of the City. Consultant acknowledges that the City is relying on the representation by Consultant as a material consideration in entering into this Agreement.
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1.8 Care of Work.
The Consultant shall adopt reasonable methods during the life of the Agre ement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until a cceptance 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 Agreemen t. 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 responsible 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 specifie d in the Scope of Services 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 approval 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 Section shall not apply 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 that 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 shall 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 incorporated 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.
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Subject to any limitations 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 reimbur sement for actual expenses, shall not exceed One Hundred Forty -Six Thousand Four Hundred Ninety -Five Dollars ($146,495.00) (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 Consultant’s rate s 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 payment under this Agreement, 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.
(b) Line items for all materials and equipment properly charge d to the Services.
(c) Line items for all oth er approved reimbursable expenses claimed, with supporting documentation.
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(d) Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services. (e) If this Agreement requires 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 prev ailing wage rat es for 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 this 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 recei pt of Consultant’s correct 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 Consultant 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 th is Agreement may be contingent upon State bud get 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 covered 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
3.1 Time of Essence.
Time is of the essence in the performance of this Agreement.
3.2 Schedule of Performance.
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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 Performance ” 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 Manager 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 du e 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 restrictio ns, riots, stri kes, freight 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 Manage r’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 be ing extension o f 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 February 28, 2023, except as otherwise provided i n the Schedule of Performance ( Exhibit “D”).
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 represe ntatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:
Sudhir Pardiwala Executive 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 Agreem ent for
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directing a ll activities o f 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 Princ ipals. For purposes of this Agreem ent, 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 n otify City of a ny 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 in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. 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 Rob Burns 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 mu st be made by City to the Project Manager. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Project Manager.
The Project Manager shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.
4.4 Independent Consultant.
Neither the City nor any of its employees shall have any control over the manner, mod e or means by which Consultant, it s agents o r 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 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 suc h obligations as ar e consistent wi th 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.
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4.5 Prohibition Against Subcontracting or Assignment.
The experience, knowledge, capability and reputation of Consultant, its principals 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 th e City. In addition , neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted her eunder sha ll 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 cum ulative basis. In t he event of any such unap proved 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 this Ag reement, polici es of insu rance 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 Servi ces 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 amende d. Any endorsement restricting sta ndard 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 in jury and property d amage for all a ctivities 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 c ombined single limit for each accident.
(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 amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement.
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(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 sh all includ e all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein.
(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 the i nsurance 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 ce rtification 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 sh all procure and mai ntain 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 requir ed herein may be sa tisfied by a co mbination 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 th e benefit of City b efore 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 speci fications 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. (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 o n the List of Appro ved Surplus Lin e 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 othe rwise approved by the City’s Risk Manager.
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(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, employ ees and volunteers or shall specif ically 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 p rovisions (non -estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inf orm Consultant of n on-compliance w ith 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 no t intended as a lim itation on cove rage, limi ts 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 a ny party or ins ured 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 C onsultant. 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 or broker and insurer s to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
(j) Additional insured status . General liability policies shall pro vide 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 undi sclosed coverag e 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 against whom claim is made or suit is brought, except with respect to the i nsurer’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 Cons ultant, 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
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of this 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 specifications. The City reserves 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, employees 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 persons 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 performance 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 Consultant’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:
(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 against 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 save and hold the City, its officers, agents, and employees harmless therefrom;
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(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 in con nection 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 b y the City, its officers, agents o r 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 res ponsible to indemnify City 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 m isconduct 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 n egligence, recklessness or willful misconduct 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 req uire subco ntractors 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 nec essary 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 ac counting principles and shall be c omplete 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 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 per formance of the ser vices required by this Ag reement 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, Consultant
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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 cos t of the project be ing 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 b y Consultant, 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 A greement, and Consultant shall hav e 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 assignm ent of such complet ed documents fo r 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 documents or materials prepa red 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 made for hire ” as defined in 17 U.S. C. § 101, such documents and materials are hereby deemed “works made for hire” for the City.
6.4 Confidentiality and Release of Information.
(a) 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 pr ior 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 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.
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(d) Consultant shall promptly notify City should Consultant, its officers, employees, agents or sub contractors be serv ed with any sum mons, 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 be int erpreted, construed and g overned 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 Ag reement 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 litig ation 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 which 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 a nd 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 cu re 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.
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 which may be in dispute hereunder or which are necessary 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 perfo rming or failing 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
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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 services 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 a s 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 rem edies expressly dec lared to be exc lusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other ri ghts or remedie s 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, to recover damages fo r 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, Con sultant shall file a statutory cla im pursuant 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 th is Agreement would be extremely di fficult or impractical to determine in the event of a breach of this Agreement, the Contractor and its sureties shall be liable for and shall pay to the City the sum of Zero ($0.00) as liquidated damages for each working d ay 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
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Contract at any time, with or without cause, upon thirty (30) days ’ written notice to Consultant, except that where term ination 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 right to terminate this Contract at any tim e, with or without cause, upon six ty (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, Consultant shall immediately ceas e 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 pro vided 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 without cause pursuant to this Section, the terminating party need not provid e 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 obligations 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 t he 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 party in such action o r proceeding, in add ition to any other relief which ma y 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 entitled 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 deemed to have accrued on commenc ement 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 liable to the Consultant, or any successor in interest, in th e 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.
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8.2 Conflict of Interest.
Consultant covenants that neither it, nor any o fficer 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 hinder Consultant’s pe rformance of service s und er 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 sub contractor without the express written conse nt of the Project Ma nager. 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 fina ncial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision r elating to the Agreement which a ffects her/his financial interest or the financial interest of any corporation, partnership or association in which (s)he is, directly or indirectly, intere sted, 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, s ex, 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 applicant s are employed and t hat e mployees are treated during e mployment 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 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 th e cost of all such liabilities or sanctions imposed, t ogether 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 communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first -class mail, in the case of the City, to the City
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Manager and to the attention of the Project Manager (with her/his name and City title ), City 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 c hange 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 Agreement shall be construed i n accordance with the meaning of t he 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, complete 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 t hat t his requirement for written m odifications 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 this A greement shall be de clared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.
9.6 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 any de cision relating to this Agreement which may affect his /her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of
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“financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “noninterests” pursuant to Government Code Sec tions 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 employe e, any money, consid eration, or other thing of value a s 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 conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Consultant is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.
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 said party, (iii) by so executing this Agre ement, such party is formally bound to the provisions of this Agreement, and (iv) th at 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
Linda Reich, City Manager
ATTEST:
Angela Robles, City Clerk
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
ALESHIRE & WYNDER, LLP
_____________________________ _____________________________ Fred Galante, City Attorney Rob Burns, Finance Department Director
CONSULTANT:
Raftelis Financial Consultants, Inc.
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 B oard, 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 ATTESTATIONS SHALL BE
INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPOR ATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY.
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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/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 Californi a that the foregoin g 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 co uld 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 p ublic 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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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
On __________, 2022
before me, ________________, pe rsonally appeared ________________, proved to me on th e 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 capac ity(ies), and that b y his/her/their signature(s) on th e 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 foregoi ng 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 office r 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.
9.14.a
Water and Wastewater Rate Study
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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 subject to r eview and acc eptance by the City, and mu st be revised by the Consul tant without additional charge to the City until found satisfactory and accepted by City.
9.14.a
Water and Wastewater Rate Study
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Exhibit A-1 (Water and Sewer Rate Study)
9.14.a
Water and Wastewater Rate Study
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9.14.a
Water and Wastewater Rate Study
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Exhibit A-1 (Water and Sewer Rate Study)
9.14.a
Water and Wastewater Rate Study
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Exhibit A-1 (Water and Sewer Rate Study) 9.14.a
Water and Wastewater Rate Study
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Exhibit A-1 (Water and Sewer Rate Study) 9.14.a
Water and Wastewater Rate Study
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Exhibit A-1 (Water and Sewer Rate Study) 9.14.a
Water and Wastewater Rate Study
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Mr. Amer Jakher
City of Chino
Sep 1, 2022