Agenda packet — Chino City Council, November 15, 2022 (part 1 of 3)

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

CHINO CITY COUNCIL

SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
REGULAR MEETING – CITY HALL COUNCIL CHAMBERS
13220 CENTRAL AVENUE
CHINO, CA 91710
TUESDAY NOVEMBER 15, 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
American Cancer Society's Great American Smokeout Day - November 17, 2022.

Presentations
Asian Citrus Psyllid (ACP) and Huanglongbing (HLB) Presentation San Bernardino Council of Governments - Housing Trust Presentation.

Recognition of Council Member Walt Pocock

AGENDA ADDITIONS/REVISIONS

CHINO CITY COUNCIL
NOVEMBER 15, 2022 2

INFORMATION
Economic Development Report November 2022

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

CONSENT CALENDAR
At this time, members of the public may present testimony as to why an item should be removed from the Consent Calendar for separate discussion. Unless a member of the public or City Council requests that an item be removed from the 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 762498 to 762813, and Electronic Fund Transfers 516182E to 516276E, totaling $7,168,295.24.

2. Minutes. Regular Meeting of November 1, 2022 (All Members Present)

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

4. City Council Meeting Date Changes for December 2022. Authorize staff to 1) schedule a Special Meeting on December 13, 2022 to declare election results, install newly elected officers, consider other items requiring action by the City Council, and 2) cancel the December 20, 2022 City Council regular meeting.

5. Federal Asset Forfeiture - Equipment Purchase. Appropriate $84,718.46 from the Federal Asset Forfeiture / Department of Justice Fund for the purchase of Pistol Mounted Optics.

6. Federal Asset Forfeiture - Flock Safety Automated License Plate Reader Cameras & Software.

Approve the 2-year lease agreement with Flock Group Inc for 39 Automated License Plate Reader cameras and software.

7. Appropriation of Earned Interest on Grant Funds. Appropriate from FY 2021-22 unappropriated reserves of the General Fund additional grant expenditures for the following Police Department grants AB3229 FY 19/20 in the amount of $854.17; AB 3229 FY 20/21 in the amount of $1,550.06; and AB 3229 FY 21/22 in the amount of $861.25.

8. The Preserve Development Agreement – Partial Assignment and Assumption - R-Hearthstone Lot Option Pool 05, L.P. Approve an Assumption and Partial Assignment of the Preserve Development Agreement between the City of Chino, a municipal corporation; Lennar Homes of California, LLC; and R-Hearthstone Lot Option Pool 05, L.P., a Delaware limited partnership.

CHINO CITY COUNCIL
NOVEMBER 15, 2022 3

9. Final Acceptance of Public Improvement - Tract Map No. 18693 (Lynbrook). Accept the public improvements for Tract 18693, located at the southeast corner of East Preserve Loop and Forest Park Street, as complete and authorize release of the performance bond and initiate the warranty bond.

10. KB Home Coastal, Inc. - Final Tract Map No. 20369 & Subdivision Improvement Agreement.

Approve Tract Map No. 20369, generally located at the northeast corner of Pine Avenue and East Preserve Loop Street and approve the correlating Subdivision Improvement Agreement with KB Home Coastal, Inc.

11. Notice of Completion - MS181 FY2021-22 Local Street Overlay (16, 17, 18, at Tronkeel).

Accept the MS181 - Local Street Overlay Project as complete and authorize the Director of Public Works to file the Notice of Completion.

NEW BUSINESS

12. Award Professional Services Agreement for ADA Self-Evaluation and Transition Plan. Approve a Professional Services Agreement between the City and Bureau Veritas Technical Assessments, LLC Irvine, CA for a Citywide self-evaluation and development of an ADA transition plan for an amount of $538,551.20 and authorize an additional $53,855.00 for project contingencies for a total contract not to exceed $592,406.20.

Staff Report by: Lisa Almilli, Accessibility Coordinator.

RECOMMENDATION: 1) Appropriate $94,406.20 from the unappropriated reserves of the General Fund; 2) award a Professional Services Agreement to Bureau Veritas Technical Assessments, LLC, Irvine, CA for a Citywide self-evaluation and development of an ADA transition plan in the amount of $538,551.20 and authorize an additional $53,855.00 for project contingencies for a total contract not to exceed $592,406.20; 3) authorize $2,000 for other project support services; and 4) authorize the City Manager to execute the necessary documents on behalf of the City, and approve up to two (2), one-year contract extensions.

M _____ S _____ RC _____

13. Amendment to Policy on Accessible Pedestrian Facilities. Adopt Resolution No. 2022-079, approving an amendment to the Citywide Policy on Accessible Pedestrian Facilities.

Staff Report by: Lisa Almilli, Accessibility Coordinator.

RECOMMENDATION: Adopt Resolution No. 2022-079, approving revisions to the City of Chino Policy on Accessible Pedestrian Facilities.

M _____ S _____ RC _____

14. Approval of Settlement Agreements. Approval of Settlement Agreement with KB Homes, Lennar Homes, Lewis Companies, Richmond American Homes, and Woodside Homes for required accessibility improvements. The Settlement Agreement is not a project as defined by CEQA.

Staff Report by: Fred Galante, City Attorney.

RECOMMENDATION: That the City Council consider and approve five separate settlement agreements between the City of Chino and KB Homes, Lennar Homes, Lewis Companies, Richmond American Homes and Woodside Homes for required improvements in the City of Chino per the Americans with Disabilities Act and California Law.

M _____ S _____ RC _____

CHINO CITY COUNCIL
NOVEMBER 15, 2022 4

15. Acceptance of Public Improvements in Various Tracts and Developments. Accept public improvements in projects completed by KB Homes, Lennar Homes, the Lewis Companies, Richmond American Homes, and Woodside Homes, consistent with five separate settlement agreements between the City of Chino and those same developers.

Staff Report by: Nicholas S. Liguori, AICP, Director of Development Services.

RECOMMENDATION: That the City Council consider and accept all public improvements for Tracts: 17055, 17611, 17612, 18693, 18858, 18848, 19949, 17613, 16838, 16838-1, 16838-2, 16838-3, 17891, 17898, 17890, 17899, 17892, 18891, 17893, 17894, 17897, 18972, 17574, 16419, 16420-1, 19980, 17057, 17572, 18480, 19994, 18901, 18479, 19953, 19935, and 17635 in projects completed by KB Homes, Lennar Homes, the Lewis Companies, Richmond American Homes, and Woodside Homes, consistent with five separate settlement agreements between the City of Chino and those same developers.

M _____ S _____ RC _____

16. Discussion concerning permit parking for Parkside Village Community and an update to the Municipal Code. Receive and file a report requesting permit parking from the Parkside Village Community and discuss proposed modifications to the Chino Municipal Code regarding residential permit parking areas.

Staff Report by: Dennis Ralls, City Traffic Engineer.

RECOMMENDATION: That the City Council receive and file a report regarding a request by the Parkside Village Community for establishment of a residential permit parking area and discuss staff recommendations on changes to Section 10.29 of the Chino Municipal Code concerning residential permit parking.

M _____ S _____ RC _____

17. Award of Contract and Appropriation - Former Fire Station No. 1 and Monte Vista Park House Demolition Project. Award a construction contract in the amount of $210,702 to Interior Demolition Earthwise Demo JV, Montrose, CA for the Former Fire Station No. 1 and Monte Vista Park House Demolition Project NC831.

Staff Report by: Keith Martinez, Assistant Project Coordinator.

RECOMMENDATION: 1) Award a construction contract in the amount of $210,702 to Interior Demolition Earthwise Demo JV, Montrose, CA for the Former Fire Station No. 1 and Monte Vista Park House Demolition Project; 2) authorize expenditures of up to $21,070 for construction project contingencies, for a not-to-exceed potential contract amount of $231,772; 3) appropriate $231,772 to the Building Management Fund with a year-end transfer from the General Fund reserves; 4) establish a non-capital project number NC831 for tracking; and 5) authorize the City Manager to execute all documents on behalf of the City.

M _____ S _____ RC _____

18. Purchase Order Approval - Dave Bang Associates, Inc.. Approve a purchase order for Dave Bang Associates Inc., Orange, CA in the amount of $139,880.42 for the purchase of park benches, tables, and trash cans.

Staff Report by: Ben Orosco, Acting Public Works Services Manager.

RECOMMENDATION: 1) Approve a purchase order for Dave Bang Associates Inc., Orange, CA in the amount of $139,880.42 for the purchase of park benches, tables, and trash cans; and 2) authorize the City Manager to execute all necessary documents on behalf of the City.

CHINO CITY COUNCIL
NOVEMBER 15, 2022 5
M _____ S _____ RC _____

19. Professional Services Agreement for Engineering and Design Services - Project No. SN231.

Award a Professional Services Agreement with TAIT & Associates Inc., Santa Ana, CA for Engineering Design and Bid Support Services for Project No. SN231- Alley & Sanitation Rehabilitation at Various Locations
Staff Report by: Maria Fraser, CIP Engineering Manager.

RECOMMENDATION: 1) Award a Professional Services Agreement in the amount of $128,765.00 to TAIT & Associates Inc., Santa Ana, CA for Engineering Design and Bid Support Services for Project No. SN231 - Alley & Sanitation Rehabilitation at Various Locations; 2) approve design contingency in the amount of $12,876.00 for a potential agreement amount notto-exceed $141,641.00; and 3) authorize the City Manager to execute all necessary documents on behalf of the City.

M _____ S _____ RC _____

20. Contract Change Order for Edison Avenue Traffic Signal Modifications and Interconnect/Communications Project (TR 151/HSIP). Approve a construction contract change order for the Edison Avenue Traffic Signal Modifications and Interconnect/Communications Project TR151 to KDC, Inc. dba Dynalectric, Los Alamitos, CA, in the amount of $90,000.

Staff Report by: Maria Fraser, CIP Engineering Manager.

RECOMMENDATION: 1) Approve a contract contingency increase with KDC, Inc., DBA, Dynalectric, Los Alamitos, CA, contract 2020181, in the amount of $57,115.80 for a revised notto-exceed contingency amount of $202,189.80; 2) approve a contract change order in the amount of $90,000; 3) authorize the City Engineer to file a Notice Of Completion (NOC) upon final payment; and 4) authorize the City Manager to execute all necessary documents on behalf of the City.

M _____ S _____ RC _____

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
Council Member Comstock
Council Member Flores
Council Member Pocock
City Manager's Report
City Attorney's Report

CHINO CITY COUNCIL
NOVEMBER 15, 2022 6
Police Chief's Report
Fire Chief's Report

ADJOURN
The next Regular Meeting of the City Council will be held on Tuesday, December 6, 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, November 10, 2022 this agenda was posted on the south window of Chino City Hall and this agenda together with all of the agenda reports and related documents were posted on the City’s website at www.cityofchino.org by myself or under my direction.
_______________________________________
Angela Robles, City Clerk.

3.a
Proclamation - Great American Smokeout Packet Pg. 7
OCTOBER 2022 ECONOMIC DEVELOPMENT REPORT
CITY COUNCIL RECAP, NOVEMBER 2022
1 Unemployment Rate September 2022 3.4%
New Business Licenses October 2022 65
Retail Vacancy October 2022 8.9%
Industrial Vacancy Q3, 2022 .2%
Office Vacancy October 2022 3.7%

UNEMPLOYMENT STATISTICS
EDD Unemployment Update – Updated Monthly
Unemployment rates in Chino have decreased this month to 3.4% from August 2022 to September 2022. *EDD, www.labormarketinfo.edd.ca.gov

City Aug Sept
Chino Hills 2.7% 2.4%
Eastvale 2.9% 2.6%
Rancho 3.1% 2.7%
Montclair 3.6% 3.0%
Upland 3.6% 3.1%
Ontario 3.6% 3.3%
Chino 3.5% 3.4%
Fontana 3.8% 3.4%
US 3.7% 3.7%
SBCO 4.2% 3.8%
California 4.1% 3.9%

0.0%

2.0%

4.0%

6.0%

8.0%

10.0%

12.0%

14.0%

16.0%
2013 2014 2015 2016 2017 2018 2019 2020 2021 2022
Unemployment 2013 - September 2022
Unemployment rates in Chino have
decreased slightly to 3.4% from August 2022
to September 2022. *EDD,
www.labormarketinfo.edd.ca.gov
Mission Statement
“Together we take pride in
providing quality, caring service to
our community.”

5.a
Economic Development Report November 2022 Packet Pg. 8
OCTOBER 2022 ECONOMIC DEVELOPMENT REPORT
CITY COUNCIL RECAP, NOVEMBER 2022
2 BUSINESS LICENSES
Business License Information – Updated Monthly
Between October 1 and October 31, 2022, the City processed 65 new business licenses. 16 of those businesses are in the City while 31 were located outside the City but providing services to City businesses and residents. * Munis Business License Report

RETAIL VACANCY RATES
Retail Vacancy and Rental Rates – Updated Monthly
The City of Chino is a highly desirable location. The vacancy rate for October 2022 is 8.9%, which is lower than the previous month. The City has no new projects currently under construction. *Progressive Real Estate Partners (PREP)/CoStar 0 20
40 60
80 100
Oct-21 Nov-21 Dec-21 Jan-22 Feb-22 Mar-22 Apr-22 May-22 Jun-22 Jul-22 Aug-22 Sep-22 Oct-22 New Business Licenses

0.0%

2.0%

4.0%

6.0%

8.0%

10.0%

12.0%
Oct-21 Nov-21 Dec-21 Jan-22 Feb-22 Mar-22 Apr-22 May-22 Jun-22 Jul-22 Aug-22 Sep-22 Oct-22 Retail Vacancy Last 12 Months

5.a
Economic Development Report November 2022 Packet Pg. 9
OCTOBER 2022 ECONOMIC DEVELOPMENT REPORT
CITY COUNCIL RECAP, NOVEMBER 2022
3 INDUSTRIAL VACANCY

OFFICE VACANCY
Office Vacancy and Rental Rates – Updated Monthly
The vacancy rate of 3.7% is slightly higher this month for the Chino Valley office market, which accounts for 6% of the Inland Empire. However, the market garners a hefty $2.34 per square foot, and consists of a total of 1.7 M square feet of office and corporate headquarters space.

There are 25 thousand square feet in office buildings under construction. *CoStar $1.66 $1.56
$1.74
$1.61 $1.56
$1.69

0.20%

0.40%

0.50% 0.50%

0.70%

0.80%

0.00%

0.20%

0.40%

0.60%

0.80%

1.00%
$0.30
$0.50
$0.70
$0.90
$1.10
$1.30
$1.50
$1.70
$1.90
Chino Ontario Fontana Rancho Inland Empire Eastvale
Industrial Rate and Vacancy as of Q3 2022
Dollar
Rate
Vacancy
Percent
Industrial Rates – Updated Quarterly, Includes all sites over 10,000 Square Feet
The industrial sector continues to flourish in Chino. The City has 1,117,239 square feet of industrial space under construction. Chino continues to have one of the
lowest vacancy rates in the region at 0.2%. Vacancy
rates for Q3 2022 increased slightly in Chino since the prior quarter. Of the cities noted, Chino garners a per square foot rate at $1.66. *Colliers Market Research
City
Dollar
Rate
Vacancy
Percent
Chino $1.66 0.20%
Ontario $1.56 0.40%
Fontana $1.74 0.50%
Rancho $1.61 0.50%
Inland Empire $1.56 0.70%
Eastvale $1.69 0.80%

5.a
Economic Development Report November 2022 Packet Pg. 10 OCTOBER 2022 ECONOMIC DEVELOPMENT REPORT
CITY COUNCIL RECAP, NOVEMBER 2022
4 RESIDENTIAL CONSTRUCTION
Residential Construction Updates – Updated Monthly
Residential housing continues to move forward with 304 single family residences currently under construction, 325 multi-family units under construction, and 363 units approved for construction. *Development Services Department
Accessory Dwelling Units (ADU) – Updated Monthly
During 2021 the City of Chino added 25 ADU’s over the course of the year. Over the course of 2022 14 additional ADU’s were added. *Development Services Department

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

0.0%

1.0%

2.0%

3.0%

4.0%
Oct-21 Nov-21 Dec-21 Jan-22 Feb-22 Mar-22 Apr-22 May-22 Jun-22 Jul-22 Aug-22 Sep-22 Oct-22 Office Vacancy Last 12 Months

5.a
Economic Development Report November 2022 Packet Pg. 11 Revenue: Expenditure:

Transfer In: Transfer Out:

M E M O R A N D U M

CITY OF CHINO

FINANCE DEPARTMENT
COUNCIL MEETING DATE: NOVEMBER 15, 2022
TO: LINDA REICH, CITY MANAGER
FROM: ROB BURNS, DIRECTOR OF FINANCE
SUBJECT: WARRANTS.

RECOMMENDATION
Approve expenses as audited and within budget for warrants 762498 to 762813, and Electronic Fund Transfers 516182E to 516276E, totaling $7,168,295.24.

FISCAL IMPACT
Sufficient funds have been included in the Fiscal Year 22-23 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:
• Financial Stability

8.1 CONSENT CALENDAR Packet Pg. 12
COUNCIL MEETING DATE: NOVEMBER 15, 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. 762498 – 762668 10/13/22 22-23 $2,847,842.84

2. 762669 – 762813 10/20/22 22-23 $906,664.89

3. 516182E – 516235E 10/14/22 22-23 $2,028,857.34

4. 516236E – 516276E 10/21/22 22-23 $1,384,930.17
E: Electronic Fund Transfers
TOTAL $7,168,295.24

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

RB:hm
Attachment: Exhibit 1

8.1 CONSENT CALENDAR Packet Pg. 13
Council Meeting 11/15/22

CITY OF CHINO
A/P Warrant Register Over $50,000
Check
Number
Check Date Vendor Name Description Amount
762589 10/13/2022 WAYNE MCAFEE PROFESSIONAL CONSULTING SERVICES $58,050.00 762597 LANDSCAPE WEST MANAGEMENT SERVICES,
INC.

LANDSCAPE MAINTENANCE $62,950.00
762606 MCC EQUIPMENT RENTALS, INC. WELL 11 RAW WATER TRANSMISSION $348,678.21 762610 METROCELL CONSTRUCTION, INC. BLOCK WALL AT P.D. $273,829.90 762619 NORSTAR PLUMBING & ENGINEERING, INC. EWTF BRINE LINE CONSTRUCTION $194,729.33 762624 ONYX PAVING COMPANY, INC. ASPHALT MAINTENANCE $302,046.80 762641 SANCON TECHNOLOGIES, INC. SEWER RELINE FY2021/2022 $612,826.00 762642 SEQUEL CONTRACTORS, INC. FY20-21 ALLEY REHAB PROJECT $73,321.93 762647 SO CAL EDISON CO SERVICE PERIOD 08/10-09/08 $284,081.18 762650 SULLY-MILLER CONTRACTING STREET REHAB-CHINO/RIVERSIDE $172,876.40 762668 Z & K CONSULTANTS, INC. ON CALL SERVICES-AUG '22 $51,159.00 516189 10/14/2022 CHINO VALLEY INDEPENDENT FIRE DISTRICT FIRE PROTECTION SERVICES-OCTOBER $1,187,338.00 516213 MERCHANTS LANDSCAPE SERVICES LANDSCAPE MAINTENANCE $55,318.02 516224 TRC ENGINEERS, INC. EWTF CONSTRUCTION SERVICES $106,449.92 516230 WATER FACILITIES AUTHORITY IMPORTED WATER $435,149.20 762678 10/20/2022 AXON ENTERPRISE, INC. ON-OFFICER VIDEO SYSTEM $262,982.35 762725 INLAND EMPIRE UTILITIES AGENCY PRESERVE LIFT STATION $151,674.50 762735 KLASSIC ENGINEERING & CONSTRUCTION AYALA N PARK. LOT & PAVILLION PROJECT $71,711.07 762809 WASTE MANAGEMENT COLLECTION SERVICES $127,855.86 516266 10/21/2022 SIDEPATH, INC. CCTV STORAGE COMPELLANT EXPANSION $1,119,637.97 516267 SILVER & WRIGHT LLP OUTSIDE ATTY SERVICES $61,444.12 516270 TRANSTECH ENGINEERS, INC. ALLEY WATER MAIN LINE PROJECT $68,667.00 22 TOTAL $6,082,776.76

8.1.a
Warrants Packet Pg. 14

CHINO CITY COUNCIL

SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
REGULAR MEETING – CITY HALL COUNCIL CHAMBERS
13220 CENTRAL AVENUE
CHINO, CA 91710
TUESDAY NOVEMBER 1, 2022
CLOSED SESSION – 6:00 PM
OPEN SESSION – 7:00 PM

M I N U T E S

CALL TO ORDER
The November 1, 2022, Regular Meeting of the Chino City Council / Successor Agency to the Redevelopment Agency was called to order at 6:00 p.m. by Mayor Eunice M. Ulloa in the Council Chambers.

ROLL CALL
PRESENT: Mayor Eunice M. Ulloa, Mayor Pro Tem Marc Lucio, Council Members Karen C.

Comstock, Christopher Flores, and Walt Pocock.

ABSENT: None.

CLOSED SESSION PUBLIC COMMENTS
There were no requests to speak.

CLOSED SESSION
City Attorney Fred Galante read into the record the item listed on the Closed Session agenda.

1. 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.

2. 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 6:00 p.m.

The City Council concluded Closed Session at 7:00 p.m. and reconvened the regular meeting at 7:04 p.m.

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

8.2 CONSENT CALENDAR Packet Pg. 15

CHINO CITY COUNCIL
NOVEMBER 1, 2022 2

CEREMONIALS
Mayor Ulloa read into the record the Purple Heart City Proclamation and presented it to Michael Huizar, Commander, American Legion Post 299; Dennis Murillo, Commander, VFW Post 11546; and Ted Bistarkey, Community Services Manager, City of Chino.

Mayor Ulloa read into the record the Proclamation designating November 8, 2022 as “Law Enforcement Records and Support Personnel Day” and presented it to Professional Services Manager Chris Corbin and Chino Police Department Records Team.

Presentations
Mayor Ulloa presented the October 2022 Business of the Month Award to Golden Empire Mortgage. Eric Hasanoff, Branch Manager was present to accept the award.

Mayor Ulloa presented the November 2022 Business of the Month Award to Amphastar.

Representatives from Amphastar Richard Pham and Dan Dischner were present to accept the award.

Mayor Ulloa announced the Mayor's Home Beautification Award winner for November 2022 is John Mothershed and Suzanne Batista of Chino.

Mayor Ulloa recognized the Strategic Plan Workgroup Participants: Linda Reich, City Manager; Vivian Castro, Deputy City Manager; Chris Corbin, Professional Services Manager; Silvia Avalos, Director of Community Services; Marsha Ariyasu, Community Services; Pat Cacioppo, Development Services; Lynette Cruz, Finance Department; Yvette Gasso, Public Works; Nikki Love, Finance Department; Nicholas Marotta, Police Department; Keith Martinez, Community Services; Debbie Pacheco, Human Resources; Angela Robles, Administration; and Ryan Shumway, Information Services.

REPORT OUT OF CLOSED SESSION
City Attorney Fred Galante reported out of closed session as follows:

1. 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.

City Attorney Galante reported that following a discussion and briefing, City Council by motion of Mayor Pro Tem Lucio, seconded by Council Member Comstock, and carried 5-0 moved to enter into settlement agreements with the following entities: KB Homes; Lennar Homes of California; Lewis Management Company; Richmond American Homes; and Woodside Homes to be ratified at the November 15, 2022, regular meeting. The settlements address the accessibility improvements required by the Americans with Disabilities Act on various tracts encompassed around the city and structured according to date of completion of the improvement.
• The first category includes improvements built between December 31, 2016 or earlier.

The city agrees to accept these improvements without further action either by the city or developer.

8.2 CONSENT CALENDAR Packet Pg. 16

CHINO CITY COUNCIL
NOVEMBER 1, 2022 3
• The second category includes improvements completed between January 1, 2017 through December 31, 2019. The developers collectively will pay the city $434,753 to allow the city to make corrections to address ADA requirements. • The third category is all improvements completed from January 1, 2020 through the present day. The developers shall be solely responsible for addressing all accessibility requirements.

One additional provision to the settlement agreement with Lewis Management Company will require the developer to improve the Southern California Edison Trails to comply with ADA standards. This will require Lewis Management Company to process changes to the plans for improvements within those trails to be submitted to the city for review.

2. CONFERENCE WITH REAL PROPERTY NEGOTIATOR.

Pursuant to Government Code Section 54956.8.

City Council received an update, provided direction on the negotiations, and no further reportable action was taken.

AGENDA ADDITIONS/REVISIONS
City Manager Linda Reich announced there are no agenda additions and revisions.

PUBLIC ANNOUNCEMENTS
Mayor Ulloa issued a reminder about the following scheduled community events:
• Veteran’s Day Ceremony on Friday, November 11, 2022 at 11:00 a.m. at the Chino Community Building’s Liberty Courtyard and War Memorial located at 5443 B Street. The celebration will include a flag ceremony, which includes a presentation of military branch flags by Chino families who have family members actively serving in the military, as well as special guest speakers. For any questions or for more information, please call (909) 334-3258.
• City Hall will be closed on Friday, November 11, 2022 in observance of Veteran’s Day.

City Hall will reopen on Monday, November 14, 2022 at its regular operating hours of 7:30 a.m. to 5:30 p.m.
• Bark Around Ayala Park on Saturday, November 12, 2022 at Ayala Park from 9:00 am. to 12:00 p.m. A free event that allows participants to enjoy a variety of pet vendors, demonstrations, agility courses, pet adoptions, and dog fashion show. All dogs must be on leashes and owners must sign a waiver to participate. For more information, please call (909) 334-3258 or visit www.cityofchino.org/healthychino. • Election Day is Tuesday, November 8, 2022 and City Hall is a designated ballot drop off site. For more information about voting, polling place or ballot drop off locations please call the Registrar of Voters Office at (909) 387-8300, visit sbcountyelections.com or call the City Clerk’s office at (909) 334-3306.

8.2 CONSENT CALENDAR Packet Pg. 17

CHINO CITY COUNCIL
NOVEMBER 1, 2022 4
Mayor Ulloa sadly announced that the meeting will adjourn in memory of Addison Conely who passed away after a courageous battle with cancer. Addi’s extraordinary courage, optimism, and perspective in the face of a terminal illness inspired people across the country. It was evident that she did not let this illness define her. She reminded us the number of years we have on this earth is not necessarily important. Rather, it is our ability to show grace, love, and kindness with the time we have that matters, and by that authentic measure, Addi certainly lived a full life. Her impact was on full display during a boat ride in Huntington Harbor that turned into an impromptu parade full of people inspired by Addi’s resiliency and strength. On behalf of the Council and the entire Chino community, our prayers go out to the Conely family during this incredibly difficult time, and we pray the Conely family takes solace in knowing the impact Addi had on so many.

PUBLIC COMMENTS
Pastor Jered Caballero, Calvary Chapel Chino Valley provided the Invocation.

Melissa Compani from San Bernardino County Supervisor Curt Hagman’s office announced upcoming community events and programs.

Julia Cabrera, Chino Valley Chamber of Commerce provided an update on upcoming events and programs.

CONSENT CALENDAR

1. Warrants. Approve expenses as audited and within budget for warrants 762294 to 762497, and Electronic Fund Transfers 516100E to 516180E, totaling $4,443,100.58.

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

4. 2022 Citizens' Option for Public Safety Grant Funds Appropriation. Accept and approve $88,192.71 in additional funds for identified expenditure areas of the 2022 Citizens' Option for Public Safety (COPS) Program Grant.

5. 2023 Citizens' Option for Public Safety Grant Funds Appropriation. Accept and approve the use of the grant funds in the amount of $142,090 for the identified expenditure areas of the 2023 Citizens' Option for Public Safety (COPS) Program Grant.

6. Declaration of Intention to Establish Community Facilities District 2022-1 and Incur Bonded Indebtedness. Adopt Resolution Nos. 2022-077 and 2022-078, declaring the City of Chino’s intention to establish Community Facilities District (CFD) No. 2022-1 and to Incur Bonded Indebtedness for the proposed CFD located within The Preserve (Falloncrest Project).

7. Appropriation of Funds for Sewer and Solid Waste Rate Studies. Appropriate $2,600.00 from the unappropriated reserves of the Sewer Lift Station Fund and $48,195.00 from the unappropriated reserves of the Sanitation Fund for the approved rate studies.

8. Notice of Completion: SN211 - FY2020-21 Alley Sanitation Rehab Phase I and III. Accept the SN211 - FY2020-21 Alley Sanitation Rehab Project - Phase 1 and Phase 3 as complete and authorize the Director of Public Works to file the Notice of Completion.

9. Notice of Completion - Localized Asphalt Spot Repairs Project No. ST162. Accept the Localized Asphalt Spot Repairs Project (ST162) as complete and authorize the Director of Public Works to file the Notice of Completion.

8.2 CONSENT CALENDAR Packet Pg. 18

CHINO CITY COUNCIL
NOVEMBER 1, 2022 5

10. Adopt Ordinance No. 2022-014, Short Term Rentals (Second Reading). Adopt Ordinance No. 2022-014, adopting amendments to the City of Chino Municipal Code to clarify a ban on short term rental housing, proscribing penalties for violations of said ban, and implementing hardship waiver provisions to comply with State law.

ORDINANCE NO. 2022-014

AN ORDINANCE OF THE CITY OF CHINO, CALIFORNIA, ADDING OR AMENDING PROVISIONS IN TITLES 8 AND 1 OF THE CHINO MUNICIPAL CODE TO CLARIFY THE CITY’S

PROHIBITION OF SHORT TERM RENTALS, PROSCRIBING PENALTIES FOR VIOLATIONS

OF SAID PROHIBITION, AND IMPLEMENTING FINE HARDSHIP WAIVER PROVISIONS TO

COMPLY WITH RECENT STATE LAW

11. Adopt Ordinance No. 2022-015, Amending Title 15 (Second Reading). Adopt Ordinance No. 2022-015, amending Title 15 of the City of Chino Municipal Code ORDINANCE NO. 2022-015

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO, CALIFORNIA, AMENDING TITLE 15 OF THE CHINO MUNICIPAL CODE (BUILDINGS AND CONSTRUCTION), ADOPTING THE CALIFORNIA CODE OF REGULATIONS TITLE 24, INCLUDING THE 2022

EDITION OF THE CALIFORNIA BUILDING CODE, CALIFORNIA RESIDENTIAL CODE,

CALIFORNIA PLUMBING CODE, CALIFORNIA ELECTRICAL CODE, CALIFORNIA

MECHANICAL CODE, CALIFORNIA FIRE CODE, CALIFORNIA ENERGY CODE, CALIFORNIA

GREEN BUILDING STANDARDS CODE, CALIFORNIA EXISITNG BUILDING CODE,

CALIFORNIA HISTORICAL BUILDING CODE, CALIFORNIA REFERENCED STANDARDS CODE, AND THE 2021 INTERNATIONAL PROPERTY MAINTENANCE CODE.

12. Adopt Ordinance No. 2022-017 Amending Section 13.12.150 of the Municipal Code Regarding Maintenance of Sewer Laterals. Adopt Ordinance No. 2022-017, on second reading, amending Section 13.12.150 of the Municipal Code regarding maintenance of sewer laterals.

ORDINANCE NO. 2022-017

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO, CALIFORNIA, AMENDING SECTION 13.12.150 OF THE MUNICIPAL CODE REGARDING MAINTENANCE OF SEWER

LATERALS
Moved by Mayor Pro Tem Lucio, seconded by Council Member Pocock, and carried on a 5-0 vote to approve Consent Calendar Items 1 through 12 as presented.

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

NOES: NONE.

ABSENT: NONE.

NEW BUSINESS

13. Request for Relief from the Provisions of Title 12 of the Municipal Code - 5135 Walnut Avenue (PL22-0053). Adopt Resolution No. 2022-072 to approve a modification pursuant to Section

12.08.070 of the Chino Municipal Code, exempting the homeowner at 5135 Walnut Avenue from the requirement to construct public improvements along their frontage.

Staff Report by: Jesus Plasencia, Assistant City Engineer.

8.2 CONSENT CALENDAR Packet Pg. 19

CHINO CITY COUNCIL
NOVEMBER 1, 2022 6
In response to questions from Council, Mr. Plasencia explained that Walnut Avenue will be studied as part of the General Plan Update. Staff will examine traffic circulation and capacity on Walnut Avenue to determine if there is a need to widen the roadway.

Council Member Pocock supports the staff recommendation provided the property owner dedicates the required property to the city.

Mayor Ulloa invited the public to comment on this item.

Chinaka S. DomNwachukwu, Ph.D., Senior Pastor of The Potter’s Wheel Assembly and his brother requested the City Council support and approve the exemption of Title 12 of the Municipal Code.

Moved by Mayor Pro Tem Lucio, seconded by Council Member Flores, and carried on a 5- 0 vote to 1) adopt Resolution No. 2022-072, approving a modification pursuant to Section

12.08.070 of the Chino Municipal Code, exempting the owner at 5135 Walnut Avenue from the requirement to construct public improvements along their frontage.

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

NOES: NONE.

ABSENT: NONE.

14. Appropriation of Funds: ST182 - Public Improvements and Reimbursement Agreement for the Chino High School Reconstruction Project. Appropriation of $170,339.54 to ST182 Public Improvements and Reimbursement Agreement for the Chino High School Reconstruction Project.

Staff Report by: Jesus Plasencia, Assistant City Engineer.

Moved by Mayor Pro Tem Lucio, seconded by Council Member Pocock, and carried on a 5-0 vote to 1) appropriate $154,854.13 and a 10% contingency in the amount of $15,485.41 for a total amount of $170,339.54 to the Transportation Fund with a year end transfer from the General Fund reserves; 2) increase the project budget of ST182 by $170,339.54 for a revised project budget of $1,639,299.59; and 3) authorize the City Manager to execute necessary documents on behalf of the City.

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

NOES: NONE.

ABSENT: NONE.

15. Contract Amendment - RHA Landscape Architects-Planners, Inc. Approve a professional service contract amendment to RHA Landscape Architects-Planners, Inc., Riverside, CA in the amount of $194,210 for construction management services.

Staff Report by: Keith Martinez, Assistant Project Coordinator.

Moved by Council Member Comstock, seconded by Council Member Pocock, and carried on a 5-0 vote to 1) approve a professional service contract amendment to RHA Landscape Architects-Planners, Inc., Riverside, CA, in the amount of $194,210 for construction management services for a revised contract #2020193, amount of $1,385,250; 2) appropriate $25,640 to the Transportation Fund with a year-end transfer from the General Fund reserves and increase the total Monte Vista Park Project PK183-(Public Right-of-Way Improvements) budget to $2,616,203.42; 4) increase the vendor cap for RHA Landscape Architects-Planners, Inc. by $194,210 for a total not-to-exceed amount of $1,385,250; and 5) authorize the City Manager to execute all necessary documents on behalf of the City.

8.2 CONSENT CALENDAR Packet Pg. 20

CHINO CITY COUNCIL
NOVEMBER 1, 2022 7
AYES: ULLOA, LUCIO, COMSTOCK, FLORES, POCOCK.

NOES: NONE.

ABSENT: NONE.

16. Amendment to Professional Services Agreements - Eastside Water Treatment Facility Expansion and Brine Disposal Pipeline Design (WA19C). Appropriate $207,182 from the Water Fund with a corresponding increase to Project WA19C and approve contract amendments and term extension to the Professional Services Agreements with TRC Engineers and Hazen & Sawyer.

Staff Report by: Natalie Avila, Associate Engineer.

Moved by Mayor Pro Tem Lucio, seconded by Council Member Comstock, and carried on a 5-0 vote to 1) appropriate $207,182 from the unappropriated reserves of the Water Fund with a corresponding increase to the Eastside Water Treatment Facility Expansion and Brine Disposal Pipeline Project WA19C, for a revised project budget of $19,536,050; 2) approve an amendment to the Construction Management and Inspection Professional Services Agreement #2021174, with TRC Engineers, Inc., Riverside, CA. in the amount of $140,006 for a total contract amount not-to-exceed $1,826,634.86; 3) approve an amendment to the Design Professional Services Agreement with Hazen and Sawyer, New York, NY. to extend the term of the existing contract through June 30, 2024 and increase the contract amount by $67,176 for a not-to-exceed amount of $1,749,842; and 4) authorize the City Manager to execute all 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 reported on meetings and events attend since the last meeting that included the Mayor’s Prayer Breakfast; Omnitrans Plans and Program meeting; Town Center at The Preserve Groundbreaking Ceremony; Watermaster Advisory Committee meeting; Watermaster Maximum Benefit Workshop; Watermaster Board of Directors; Chino Basin Desalter Authority Finance Committee; meeting with IEUA Board Member Paul Hofer to discuss items of mutual interest; and Chino Police Department Open House.

Mayor Ulloa congratulated staff on the Halloween Spooktacular event. She thanked all the volunteers, vendors, public safety personnel, and city staff for all of their contributions and efforts to making this an outstanding event for the community.

Mayor Pro Tem Lucio
Mayor Pro Tem Lucio reported on meetings and events attended since the last meeting that included the Town Center at The Preserve Groundbreaking Ceremony; Pumpkin Garden Festival at the Community Garden; Trunk or Treat event at College Park; Harvest Festival at St. Paul the Apostle; meeting with City Manager; Truck and Van Storage Committee; Trunk or Treat event at The Preserve; and Ontario State of the Airport event.

8.2 CONSENT CALENDAR Packet Pg. 21

CHINO CITY COUNCIL
NOVEMBER 1, 2022 8
Mayor Pro Tem Lucio thanked staff for coordinating the Halloween home decorating contest, featuring the decorated homes on social media, and for awarding a prize to the winner. Also, he announced that on November 10, 2022 is the groundbreaking ceremony for the second school in The Preserve. Additionally, he thanked staff for their efforts to facilitate the settlement agreements with the developers regarding accessible public improvements. Mayor Pro Tem Lucio extended his condolences and prayers to the Conely family.

Council Member Comstock
Council Member Comstock recognized staff’s contributions on the Halloween Spooktacular event and Strategic Plan Workgroup. Council Member Comstock was one of the founding members of the Strategic Plan Workgroup. Lastly, to celebrate National Chocolate Cupcake Day, Council Member Comstock shared chocolate cupcakes with the Council and staff.

Council Member Flores
Council Member Flores reported on meetings and events attended since the last meeting that included the Town Center at The Preserve Groundbreaking Ceremony; Chino Police Department Softball game and Special Olympics Fundraiser; Soroptimist Spaghetti Dinner and Bingo; Lions Club meeting; and Ontario State of the Airport event.

Council Member Flores announced upcoming community events hosted by the Chino Valley Chamber of Commerce and Philharmonic Festival at Portuguese Hall on November 5, 2022 at 11:00 a.m. He recognized Edward Montago a two-time Purple Heart recipient and thanked him for his service and sacrifice. Also, he announced he will be participating in the Basketball SoCal Heat game on November 11, 2022 at Don Lugo High School. Council Member Flores extended his condolences and prayers to the Conely family.

Council Member Pocock
Council Member Pocock reported on meetings and events attended since the last meeting that included the Mayor’s Prayer Breakfast; meeting with City Manager; YMCA Board of Directors meeting; Trunk or Treat event at Crosspoint Church; Halloween Spooktacular event; Chino Police Department Open House; and Ontario State of the Airport.

City Manager's Report
City Manager Linda Reich thanked the City Council for recognizing the Strategic Plan Workgroup and announced the City of Chino Core Values are displayed in Council Chambers. She thanked the Community Services Department, Public Works Department, Chino Police Department, and Fire District for all of their efforts to make the Halloween Spooktacular a safe and successful event.

City Attorney's Report
City Attorney Fred Galante had no report.

Police Chief's Report
Police Chief Wes Simmons thanked the City Council and community for attending the second annual Halloween themed Police Department Community Open House. He reported that during the month of November the Chino Police Department will host a No-Shave November Fundraiser to support cancer awareness, prevention, and research.

Fire Chief's Report
Fire Chief Dave Williams had no report.

8.2 CONSENT CALENDAR Packet Pg. 22

CHINO CITY COUNCIL
NOVEMBER 1, 2022 9

ADJOURN - IN THE MEMORY OF ADDISON CONELY
The meeting adjourned at 8:40 p.m. The next Regular Meeting of the City Council will be held on Tuesday, November 15, 2022 at 7:00 p.m. (Closed Session at 6:00 p.m. if necessary) in these Council Chambers.

APPROVED AND ADOPTED THIS 15th DAY OF NOVEMBER 2022.

EUNICE M. ULLOA, MAYOR
ATTEST:

ANGELA ROBLES, CITY CLERK
**************************************************
(These minutes are not official until signed.)

8.2 CONSENT CALENDAR Packet Pg. 23
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: NOVEMBER 15, 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

8.3 CONSENT CALENDAR Packet Pg. 24
COUNCIL MEETING DATE: NOVEMBER 15, 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 Agenda 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 an event forecast, Exhibit A also includes a list of future events/trainings that Members of the Council may attend.

Attachment: Exhibit A

8.3 CONSENT CALENDAR Packet Pg. 25
ELECTED CITY OFFICIALS’ REPORT REGARDING TRAVEL,

TRAINING, AND MEETINGS
NOVEMBER 15, 2022 EXHIBIT A
Event Date Meeting Purpose and
Subject Matter
Location City Official Attendees
November 9, 2022 Chaffey College 2022
Report to the
Community
Ontario, CA Council Member Pocock
and Council Member Flores
Future Conference, Meeting, and Training events Council Member(s) may attend Event Date Meeting Purpose and
Subject Matter
Location City Officials that may
attend
None

8.3.a
Elected Officials' Report Regarding Travel, Training, and Packet Pg. 26 Revenue: Expenditure:

Transfer In: Transfer Out:

M E M O R A N D U M

CITY OF CHINO

ADMINISTRATION DEPARTMENT
COUNCIL MEETING DATE: NOVEMBER 15, 2022
TO: MAYOR AND CITY COUNCIL MEMBERS, CITY OF CHINO
FROM: LINDA REICH, CITY MANAGER
SUBJECT: CITY COUNCIL MEETING DATE CHANGES FOR DECEMBER 2022.

RECOMMENDATION
Authorize staff to 1) schedule a Special Meeting on December 13, 2022 to declare election results, install newly elected officers, consider other items requiring action by the City Council, and 2) cancel the December 20, 2022 City Council regular meeting.

FISCAL IMPACT
There is no financial impact.

CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES:

The recommendation detailed above further 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
• Responsible Long-Range Planning
• Exemplary Leadership
• Public Service Excellence through Internal and External Partnerships • Effective Technology

8.4 CONSENT CALENDAR Packet Pg. 27
COUNCIL MEETING DATE: NOVEMBER 15, 2022
SUBJECT: CITY COUNCIL MEETING DATE CHANGES FOR DECEMBER 2022 PAGE 2

BACKGROUND
The City of Chino Municipal Election held on November 8, 2022, was consolidated with the Statewide General Election and San Bernardino County Registrar of Voters (ROV) provided election services, which include the canvass of returns and certification of election results.

The City Clerk's office reached out to the ROV office to inquire about the anticipated date for receipt of certified election results. The ROV staff responded they plan to certify the election results on December 8, 2022. Pursuant to California Elections Code 10263 for consolidated elections, the City Council shall meet no later than the next regularly scheduled meeting or at a special meeting to declare the results and install the newly elected officers.

ISSUES/ANALYSIS
The next regular meeting following the anticipated date of receipt of election results is December 20, 2022. Staff inquired with the Executive Management Team and items scheduled for December 20, 2022 will be moved to December 13, 2022 or January. Therefore, staff is proposing to cancel the December 20, regular meeting and schedule a special meeting on December 13, to declare the election results, install the newly elected officers and consider other items requiring action by the City Council.

Overall, the following meeting schedule is proposed for the month of December:

December 6, 2022:
• 5:00 p.m. Special meeting for Closed Session, if necessary, since the annual Tree Lighting Ceremony is scheduled for 6:00 p.m.
• 7:00 p.m. Regular Meeting.

December 13, 2022:
• 7:00 p.m. Special meeting to declare results of the November 8, 2022 Municipal Election, conduct swearing-in ceremony, install newly elected officers and consider other items requiring action by the City Council.

December 20, 2022:
• Cancel the regular meeting (next regular meeting is scheduled for January 3, 2023 at 7:00 p.m. (Closed Session at 6:00 p.m. if necessary).

8.4 CONSENT CALENDAR Packet Pg. 28
Revenue: 12040002-51539-G4237 Expenditure: 12040002-43050-G4237 Transfer In: Transfer Out:

M E M O R A N D U M

CITY OF CHINO

POLICE DEPARTMENT
COUNCIL MEETING DATE: NOVEMBER 15, 2022
TO: LINDA REICH, CITY MANAGER
FROM: WES SIMMONS, CHIEF OF POLICE
SUBJECT: FEDERAL ASSET FORFEITURE - EQUIPMENT PURCHASE.

RECOMMENDATION
1) Appropriate $84,718.46 from the Asset Forfeiture / Department of Justice Fund for the purchase of Pistol Mounted Optics; 2) increase the Asset Forfeiture revenue by $84,718.46; and 3) authorize the City Manager to execute all necessary documents on behalf of the City

FISCAL IMPACT
These purchases will require an appropriation of $84,718.46 from the unappropriated reserves of the Federal Asset Forfeiture / Department of Justice Fund and increase the revenue of the fund by the corresponding amount.

CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES:

8.5 CONSENT CALENDAR Packet Pg. 29
COUNCIL MEETING DATE: NOVEMBER 15, 2022
SUBJECT: FEDERAL ASSET FORFEITURE - EQUIPMENT PURCHASE
PAGE 2

BACKGROUND
For several years, the Chino Police Department has directly participated in investigations and/or prosecutions that have resulted in the federal forfeiture of assets. As a result of the Police Department’s participation in these cases, the City of Chino receives an equitable share of the net proceeds from the forfeiture. Forfeiture funds can only be designated for law enforcement use and must be used to increase or supplement the appropriated resources of the receiving law enforcement agency. Forfeiture funds cannot be used to replace the resources of the Department (e.g., decreasing the department budget and replacing those funds with federal asset forfeiture funding).

ISSUES/ANALYSIS
Pistol mounted optics are becoming common place in the law enforcement world, and for good reason. The ability to have both eyes open and focusing on the target instead of the weapon’s front sight allow officers the ability to take in more information and avoid “Tunnel Vision.” This in turn allows officers to make better decisions during critical incidents.

Additionally, on average, qualification scores for officers have increased around 15 points when transitioning to pistol mounted optics. These optics will allow our officers to shoot with improved accuracy should they have to use their duty weapons.

Modern specially designed pistols are required to mount a Miniature Red Dot Sight (MRDS) optic along with a specially designed holsters to securely carry it. After assessing the Police Department’s current pistol inventory, it was determined the police department already has thirty-five (35) pistols capable of mounting MRDS optics. An additional fifty-five (55) pistols (40 Generation 5 Glock 17 MOS pistols and 15 SIG 320F PRO pistols) would need to be purchased. Additionally, ninety (90) new pistol holsters, (90) sets of back up iron sights (BUIS), (90) Adapter Plates as well as (90) MRDS optics would also need to be purchased. • Holosun 509T X2 Reflex Sight: $365.49 each, (90) = $32,894.10 • Generation 5 Glock 17 MOS Pistol: $481.00 each, (40) = $19,240.00 • SIG P320F PRO Pistol: $463.64 each, (15) = $6,954.60
• Safariland Pistol Holsters: $107.34 each, Qty. 90 = $9,660.60 • Glock Adapter Plate: $71.45 each, Qty. 73 = $5,215.85 • Glock Backup Iron Sights: $32.30 each, Qty. 73 = $2,357.90 • SIG Adapter Plate: $76.95 each, Qty. 17 = $1,308.15
• SIG Backup Iron Sights: $58.46 each, Qty. 17 = $993.82 The total cost, including tax, for 90 optics, 90 holsters, 90 backup sights, 90 optic mounting plates, 40 Generation 5 Glock 17 MOS pistols and 15 SIG 320F PRO pistols is $84,718.46.

Chosen Armory was selected for the purchase of the optic mounting plates, backup sights and optics due to their pricing being more competitive than other dealers. Chosen Armory is also located in the City of Chino, which supports local businesses as well as keeping tax dollars in the City. ProForce was selected for the purchase of Glock and SIG pistols, due to our current

8.5 CONSENT CALENDAR Packet Pg. 30
COUNCIL MEETING DATE: NOVEMBER 15, 2022
SUBJECT: FEDERAL ASSET FORFEITURE - EQUIPMENT PURCHASE
PAGE 3
business relationship with them as well as the pricing for these weapons being standardized from authorized dealers. Additionally, ProForce had the most competitive price for the pistol holsters. The purchase of the pistols will increase ProForce's vendor cap by $38,633.98, while the purchase of the optics will increase Chosen Armory’s vendor cap by $46,084.48.

Based upon the quotes received, staff request that City Council approve to use Asset Forfeiture funds to purchase the pistol mounted optics and associated equipment in the amount of $84,718.46.

Attachments: Chosen Armory Quote
ProForce Quote

8.5 CONSENT CALENDAR Packet Pg. 31
Chosen Armory Bid No. OPTIC SIGHTS/IRONS
Bid Date: October 15, 2022
5135 Edison Ave Bill To: Brandon Jacobson
Chino, CA 91710 Chino Police Department
909-992-5001 Address: 5450 Guardian Way
[email protected] Chino, CA 91710
Phone: 909-334-3000
E-mail: [email protected]
Description UNIT COST Amount
HOLOSUN 509T RED 90 $365.49 $ 32,894.10 CHPWS HOLOSUN 509T ADAPTER PLATE GLOCK MOS 73 $71.45 $ 5,215.85 AMERIGLO 429 XL SIGHTS 73 $32.30 $ 2,357.90 CHPWS HOLOSUN 509T ADAPTER PLATE SIG320 17 $76.95 $ 1,308.15 DAWSON PRECISION P320 SIGHT SET 17 $58.46 $ 993.82 Invoice Subtotal $ 42,769.82 TAX 3,314.66
TOTAL $ 46,084.48
Thank you for your business!

8.5.a
Federal Asset Forfeiture - Equipment Purchase Packet Pg. 32 QUOTE#

O R D E R

SHIP DATE

Q U O T E
PAGE

SOLD SHIP
TO TO
JOB # ORD. DATE CUST.# LOC. SALESMAN SHIP VIA FRT.

QTY. UOM
ORDER ITEM NO./DESC. UNIT PRICE DISC. NET PRICE

COMMENT
TERMS
618448 1
A.S.A.P.

CITY OF CHINO CITY OF CHINO POLICE DEPT
FINANCE DEPT ATTN: A/P 5450 GUARDIAN WAY
PO BOX 667
CHINO CA 91708-0667 CHINO CA 91710
N/A 10/05/22 000900 A GREGG MCCLUNG F-2D FOB ORIGIN
17 7395RD-4502-411 107.34 EA 1,824.78
SFL 7395RDS HLST SAFSEV BLK RH .00
P320 W/LGT(7395RDS-4502-411)
73 7395RD-8325-411 107.34 EA 7,835.82
SFL 7395RDS HLST SAFSEV BLK RH .00
17GEN5 W/LGT(7395RDS-8325-411)
40 PA175S702MOS 481.00 EA 19,240.00
GLK LE 17G5 9MM PST GNS 17RD .00
MOS FSS 3 MAGS
15 W320F-9-BXR3PRO 463.64 EA 6,954.60
SIG LE P320F 9MM PRO N/S 17RD .00
This quote is valid for 45 days from date of issue,
pending credit approval, and is subject to manufacturer's availability and price change. Please call (800) 367-5855 if this bid is still pending on the expiration date for updated pricing.

Standard Terms are Net 30 days. If department policy does not allow for partial shipments and payments, separate
purchase orders for each item will be necessary.

Standard manufacturer's warranty applies to all department ProForce Law Enforcement agrees to defend, indemnify and

8.5.b
Federal Asset Forfeiture - Equipment Purchase Packet Pg. 33 QUOTE#

O R D E R

SHIP DATE

Q U O T E
PAGE

SOLD SHIP
TO TO
JOB # ORD. DATE CUST.# LOC. SALESMAN SHIP VIA FRT.

QTY. UOM
ORDER ITEM NO./DESC. UNIT PRICE DISC. NET PRICE

COMMENT
TERMS
618448 2
A.S.A.P.

CITY OF CHINO CITY OF CHINO POLICE DEPT
FINANCE DEPT ATTN: A/P 5450 GUARDIAN WAY
PO BOX 667
CHINO CA 91708-0667 CHINO CA 91710
N/A 10/05/22 000900 A GREGG MCCLUNG F-2D FOB ORIGIN
hold harmless its customers from claims for personal
injury or property damages, to the extent arising from the negligent acts or omissions of ProForce Law Enforcement or its employees, agents or independent contractors.

ORDERING INSTRUCTIONS: Please reply to your sales represen- tative in writing to process this order or send an email to [email protected]. For orders over $5,000, a PO or signed quote is required to process the order.

Returned items are subject to 20% restocking fee. All sales are final on non-stocked/special order items
IMPORTANT: To order from this quotation, please sign below.

Printed Name: ____________________________________________ -
Date: ___________________________ P.O.:___________________ -
Signature: _______________________________________________ SALES AMOUNT 35,855.20

FOR BRANDON JACOBSON
BY RYAN S 7.750% SALES TAX 2,778.78
SUB TOTAL 38,633.98
DUE NET 30 DAYS

8.5.b
Federal Asset Forfeiture - Equipment Purchase Packet Pg. 34 Revenue: 12040002-51539-G4238 Expenditure: 12040002-40010-G4238 Transfer In: Transfer Out:

M E M O R A N D U M

CITY OF CHINO

POLICE DEPARTMENT
COUNCIL MEETING DATE: NOVEMBER 15, 2022
TO: LINDA REICH, CITY MANAGER
FROM: WES SIMMONS, CHIEF OF POLICE
SUBJECT: FEDERAL ASSET FORFEITURE - FLOCK SAFETY AUTOMATED LICENSE PLATE READER CAMERAS & SOFTWARE.

RECOMMENDATION
1) Approve the 2-year lease agreement with Flock Group Inc. for 39 Automated License Plate Reader (ALPR) Cameras; 2) appropriate $84,750.00 from the Asset Forfeiture / Department of Justice Fund for the first year prorated lease service for Flock Safety ALPR cameras and software; 3) increase the Asset Forfeiture revenue by $84,750.00; and 4) authorize the City Manager to execute all necessary documents on behalf of the City.

FISCAL IMPACT
These purchases will require an appropriation of $84,750 from the unappropriated reserves of the Federal Asset Forfeiture / Department of Justice Fund and increase the revenue of the fund by the corresponding amount. The second year of the lease agreement with a total amount of $100,000 would be budgeted in the Police Department’s budget starting Fiscal Year 2023-24.

CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES:

8.6 CONSENT CALENDAR Packet Pg. 35
COUNCIL MEETING DATE: NOVEMBER 15, 2022
SUBJECT: FEDERAL ASSET FORFEITURE - FLOCK SAFETY AUTOMATED LICENSE

PLATE READER CAMERAS & SOFTWARE
PAGE 2

In 2017, The City of Chino purchased its first Automated License Plate Reader (ALPR) system from Vigilant, which has since been expanded to include 87 cameras at 18 intersections. In 2021, the ALPR System assisted in the recovery of 115 stolen vehicles and the arrest of 123 people for various criminal offenses.

Vigilant ALPR cameras require established infrastructure in order to be installed. Since not all the intersections in the City have this capability, the locations were limited, and not all vital vehicular travel routes are covered. With the evolution of technology, standalone ALPR systems that do not require established infrastructure are now available. Flock Safety has developed a cellular-based system that operates on solar power so they could operate where we had limitations in the past. Flock Safety provides the opportunity to have this valuable resource at additional ingress, and egress roadways, multiplying our operational and situational readiness to combat crime, identify offenders, and increase the safety of our community.

This additional standalone system will help complement the existing ALPR system we currently utilize.

ISSUES/ANALYSIS
The Chino Police Department identified 20 strategic intersections throughout the City where infrastructure has not been established and would benefit from the installation of Flock ALPR.

Flock business model is a subscription service that is like a lease. It is the only manufacturer and service provider that leases ALPR services. The service includes installation, maintenance, general repairs, replacement, upgrades, and software. The lease model allows for warrantied or outdated cameras to be replaced as needed without requiring a significant upfront purchase cost. This is currently an issue with the first-generation Vigilant ALPRs that will need replacement in the future. The lease subscription model appears to be the best solution for the areas in question for an appropriate cost.

Due to the Chino Police Department’s renowned Real Time Crime Center (RTCC), Flock Safety prepared a risk-free 60-day pilot program to install 39 cameras at 20 different intersections on a no obligation trial basis. The Flock 60-day Pilot Program began on October 1st and has been extremely beneficial in crime fighting, identifying criminal offenders, and intervening in active crimes. In the first 19 days alone, from October 1st through October 19th, the 39 Flock ALPRs provided 36 alerts which were directly related to the recovery of nine stolen vehicles, the seizure of narcotics, the recovery of stolen property, the discovery of identity theft, several warrant arrests, and numerous other arrests. They were also utilized during investigations to identify suspect information in commercial burglaries, residential burglaries, grand thefts, and organized

8.6 CONSENT CALENDAR Packet Pg. 36
COUNCIL MEETING DATE: NOVEMBER 15, 2022
SUBJECT: FEDERAL ASSET FORFEITURE - FLOCK SAFETY AUTOMATED LICENSE

PLATE READER CAMERAS & SOFTWARE
PAGE 3
retail theft crews.

If approved, the cost to lease Flock System with 39 ALPR cameras for the first year is $84,750, which is a 9-month pro-rated amount including the 60-day pilot program. There is an annual flat rate of $2,500 per camera per year, and a one-time $250 installation fee per camera. The subsequent annual cost of the lease would be $100,000, which if approved would be added to the Police Department's 2023-24 fiscal year budget.

Attachment:

Flock Service Agreement

8.6 CONSENT CALENDAR Packet Pg. 37
2EAE2DB4-0002 · $84,750.00 due November 19, 2022 Page 1 of 1 Invoice
Invoice number 2EAE2DB4-0002
Date of issue October 20, 2022
Date due November 19, 2022
Flock Safety
+1 866-901-1781
[email protected]
Bill to
CA - Chino PD
5450 Guardian Way
Chino
California
91710
United States
[email protected]
Ship to
CA - Chino PD
5450 Guardian Way
Chino
California
91710
United States
$84,750.00 due November 19, 2022
Pay online
This is in reference to the payment memo on your current invoice (ex. INV-XXXX).

Email [email protected] if you have any questions.

Description Qty Unit price Amount
Falcon 1 $73,125.00 $73,125.00
Professional Services - Standard Implementation Fee 1 $9,750.00 $9,750.00 Flock Safety Advanced Search 1 $1,875.00 $1,875.00
Subtotal $84,750.00
Total $84,750.00
Amount due $84,750.00
Email [email protected] if you have any questions.

Pay with ACH or wire transfer
Bank transfers, also known as ACH payments, can take up to five business days. To pay via ACH, transfer funds using the following bank information.

Bank name WELLS FARGO BANK, N.A.

Routing number 121000248
Account number 40630184149682515
SWIFT code WFBIUS6S
Pay $84,750.00 by check
Make payable to Flock Safety
Memo 2EAE2DB4-0002
Mail to
PO Box 207576
Dallas, TX 75320-7576
Please enclose a printed copy of this Invoice PDF and use USPS. (Courier services may not deliver to PO Boxes.) Once received, checks are processed within 3 business days.

8.6.a
Federal Asset Forfeiture - Flock Safety Automated License Packet Pg. 38 Flock Group Inc. Order Form
This proposal expires in 30 days.

FLOCK GROUP INC.

SERVICES AGREEMENT

ORDER FORM
This Order Form together with the Terms (as defined herein) describe the relationship between Flock Group Inc. (“Flock”) and the customer identified below (“Customer”) (each of Flock and Customer, a ”Party”). This order form (“Order Form”) hereby incorporates and includes the “GOVERNMENT AGENCY CUSTOMER AGREEMENT” attached (the “Terms”) which describe and set forth the general legal terms governing the relationship (collectively, the "Agreement"). The Terms contain, among other things, warranty disclaimers, liability limitations and use limitations.

The Agreement will become effective when this Order Form is executed by both Parties (the “Effective Date”).

Customer: CA - Chino PD
Contact Name: Stephanie
Winters
Address: 5450 Guardian Way
Chino, California 91710
Phone: (909) 334-3176
E-Mail:
[email protected]
Expected Payment Method:

Billing Contact:

Ria Medina
[email protected]
\FSExpectedPaymentMethod1\ (if different than above)
Initial Term: 24.00 Pilot period: First 60 days of Initial Term; option to cancel contract Renewal Term: 24 Months at no cost. Initial Term invoice due after Pilot period.

Billing Term: Annual payment due Net 30 per terms and
conditions
Name Price QTY Subtotal
Flock Safety Advanced Search <25 Falcons $2,500.00 1.00 $2,500.00 Professional Services - Falcon, Standard
Implementation
$250.00 39.00 $9,750.00
Falcon Camera $2,500.00 39.00 $97,500.00
(Includes one-time fees)
Prorated Year 1 Amount: $84,750.00
Recurring Total: $100,000.00
SInitials1\

8.6.b
Federal Asset Forfeiture - Flock Safety Automated License Packet Pg. 39 Flock Group Inc. Order Form
This proposal expires in 30 days.

Special terms:
• Special Terms: Notwithstanding anything to the contrary in this Agreement, the sixty (60) day Pilot Period referenced on the Order Form shall commence on October 1, 2022. During this Pilot Period (the first 60 days of the Initial Term) Agency has option to cancel contact at no cost. Initial term invoice due after Pilot Period. Agency will be invoiced on December 1, 2022 for the total seven (7) month pro rata amount of the Agreement through June 30, 2023 in addition to the two (2) month [60 day Pilot Period]. For clarity, the December 1, 2022 invoice shall cover a portion of the Initial Term from October 1, 2022 through June 30, 2023, inclusive of the Pilot Period. Initial term is documented as 24 months on order, but both parties agree to an initial prorated first year, followed by a full second term year to satisfy the initial term period. Agency will be invoiced for the second full year (July 2023 - June 2024) in June, 2023 payable within thirty (30) days receipt of invoice.

By executing this Order Form, Customer represents and warrants that it has read and agrees all of the terms and conditions contained in the Terms attached. The Parties have executed this Agreement as of the dates set forth below.

Flock Group Inc Customer:

By: \FSSignature2\ By: \FSSignature1\
Name: \FSFullname2\ Name: \FSFullname1\
Title: \FSTitle2\ Title: \FSTitle1\
Date: \FSDateSigned2\ Date: \FSDateSigned1\

8.6.b
Federal Asset Forfeiture - Flock Safety Automated License Packet Pg. 40 Flock Group Inc. Order Form
This proposal expires in 30 days.

GOVERNMENT AGENCY AGREEMENT
This Government Agency Agreement (this “Agreement”) is entered into by and between Flock Group, Inc. with a place of business at 1170 Howell Mill Rd NW Suite 210, Atlanta, GA 30318 (“Flock”) and the police department or government agency identified in the signature block of the Order Form (“Agency”) (each a “Party,” and together, the “Parties”).

RECITALS
WHEREAS, Flock offers a software and hardware situational awareness solution for automatic license plates, video and audio detection through Flock’s technology platform (the “Flock Service”), and upon detection, the Flock Services are capable of capturing audio, video, image, and recording data (“Footage”) and can provide notifications to Agency upon the instructions of Non-Agency End User (as defined below) (“Notifications”); WHEREAS, Agency desires access to the Flock Service on existing cameras, provided by Agency, or Flock provided Flock Hardware (as defined below) in order to create, view, search and archive Footage and receive Notifications, including those from Non-Agency End Users of the Flock Service (where there is an investigative or bona fide lawful purpose) such as schools, neighborhood homeowners associations, businesses, and individual users; WHEREAS, Flock deletes all Footage on a rolling thirty (30) day basis, excluding Wing Replay which is deleted after seven (7) days. Agency is responsible for extracting, downloading and archiving Footage from the Flock System on its own storage devices for auditing for prosecutorial/administrative purposes; and WHEREAS, Flock desires to provide Agency the Flock Service and any access thereto, subject to the terms and conditions of this Agreement, solely for the awareness, prevention, and prosecution of crime, bona fide investigations by police departments, and archiving for evidence gathering (“Permitted Purpose”).

AGREEMENT
NOW, THEREFORE, Flock and Agency agree that this Agreement, and any addenda attached hereto or referenced herein, constitute the complete and exclusive statement of the Agreement of the Parties with respect to the subject matter of this Agreement, and replace and supersede all prior agreements, term sheets, purchase orders, correspondence, oral or written communications and negotiations by and between the Parties.

1. DEFINITIONS
Certain capitalized terms, not otherwise defined herein, have the meanings set forth or cross-referenced in this Section 1.

1.1 “Agency Data” means the data, media and content provided by Agency through the Services. For the avoidance of doubt, the Agency Data will include the Footage.

1.2 “Agency Generated Data” means the messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions, other information or materials posted, uploaded, displayed, published, distributed, transmitted, broadcasted, or otherwise made available on or submitted through the Wing Suite.

1.3. “Agency Hardware” means the third-party camera owned or provided by Agency and any other physical elements that interact with the Embedded Software and the Web Interface to provide the Services.

1.4. “Aggregated Data” means information that relates to a group or category of individuals, from which any potential individuals’ personal identifying information has been permanently “anonymized” by commercially available standards to irreversibly alter data in such a way that a data subject (i.e., individual person or impersonal entity) can no longer be identified directly or indirectly.

1.5 “Authorized End User(s)” means any individual employees, agents, or contractors of Agency accessing or using the Services through the Web Interface, under the rights granted to Agency pursuant to this Agreement.

1.6 “Deployment Plan” means the strategic geographic mapping of the location(s) and implementation of Flock Hardware, and/or other relevant Services required under this Agreement.

8.6.b
Federal Asset Forfeiture - Flock Safety Automated License Packet Pg. 41 Flock Group Inc. Order Form
This proposal expires in 30 days.

1.7 “Documentation” means text and/or graphical documentation, whether in electronic or printed format, that describe the features, functions and operation of the Services which are provided by Flock to Agency in accordance with the terms of this Agreement.

1.8 “Embedded Software” means the software and/or firmware embedded or preinstalled on the Flock Hardware or Agency Hardware.

1.9 “Falcon Flex” means an infrastructure-free, location-flexible license plate reader camera that enables the Agency to self-install.

1.10 “Flock Hardware” means the Flock cameras or device, pole, clamps, solar panel, installation components, and any other physical elements that interact with the Embedded Software and the Web Interface to provide the Flock Services.

1.11 “Flock IP” means the Services, the Documentation, the Embedded Software, the Installation Services, and any and all intellectual property therein or otherwise provided to Agency and/or its Authorized End Users in connection with the foregoing.

1.12 “Flock Safety Falcon™” means an infrastructure-free license plate reader camera that utilizes Vehicle Fingerprint™ technology to capture vehicular attributes.

1.13 “Flock Safety Raven™” means an audio detection device that provides real-time alerting to law enforcement based on programmed audio events such as gunshots, breaking glass, and street racing.

1.14 “Flock Safety Sparrow™” means an infrastructure-free license plate reader camera for residential roadways that utilizes Vehicle Fingerprint™ technology to capture vehicular attributes.

1.16 “Footage”means still images, video, audio and other data captured by the Flock Hardware or Agency Hardware in the course of and provided via the Services.

1.17 “Hotlist(s)” means a digital file containing alphanumeric license plate related information pertaining to vehicles of interest, which may include stolen vehicles, stolen vehicle license plates, vehicles owned or associated with wanted or missing person(s), vehicles suspected of being involved with criminal or terrorist activities, and other legitimate law enforcement purposes. Hotlist also includes, but is not limited to, national data (i.e. NCIC) for similar categories, license plates associated with AMBER Alerts or Missing Persons/Vulnerable Adult Alerts, and includes manually entered license plate information associated with crimes that have occurred in any local jurisdiction.

1.18 “Implementation Fee(s)” means the monetary fees associated with the Installation Services, as defined in Section 1.19 below.

1.19 “Installation Services” means the services provided by Flock for installation of Agency Hardware and/or Flock Hardware, including any applicable installation of Embedded Software on Agency Hardware.

1.20 “Non-Agency End User(s)” means any individual, entity, or derivative therefrom, authorized to use the Services through the Web Interface, under the rights granted to pursuant to the terms (or to those materially similar) of this Agreement.

1.21 “Services” or “Flock Services” means the provision, via the Web Interface, of Flock’s software applications for automatic license plate detection, alerts, audio detection, searching image records, video and sharing Footage.

1.22 “Support Services” means Monitoring Services, as defined in Section 2.10 below.

1.23 “Usage Fee” means the subscription fees to be paid by the Agency for ongoing access to Services.

1.24 “Web Interface” means the website(s) or application(s) through which Agency and its Authorized End Users can access the Services, in accordance with the terms of this Agreement.

1.25 “Wing Suite” means the Flock interface which provides real-time access to the Flock Services, location of Flock Hardware, Agency Hardware, third-party cameras, live-stream video, Wing Livestream, Wing LPR, Wing Replay, alerts and other integrations.

1.26 “Wing Livestream” means real-time video integration with third-party cameras via the Flock interface.

1.27 “Wing LPR” means software integration with third-party cameras utilizing Flock’s Vehicle Fingerprint Technology™ for license plate capture.

1.28 “Wing Replay” means enhanced situational awareness encompassing Footage retention, replay ability, and downloadable content from Hot Lists integrated from third-party cameras.

8.6.b
Federal Asset Forfeiture - Flock Safety Automated License Packet Pg. 42 Flock Group Inc. Order Form
This proposal expires in 30 days.

1.29 “Vehicle Fingerprint™” means the unique vehicular attributes captured through Services such as: type, make, color, state registration, missing/covered plates, bumper stickers, decals, roof racks, and bike racks.

2. SERVICES AND SUPPORT

2.1 Provision of Access. Subject to the terms of this Agreement, Flock hereby grants to Agency a non-exclusive, non-transferable right to access the features and functions of the Services via the Web Interface during the Term, solely for the Authorized End Users. The Footage will be available for Agency’s designated administrator, listed on the Order Form, and any Authorized End Users to access and download via the Web Interface for thirty (30) days.

Authorized End Users will be required to sign up for an account and select a password and username (“User ID”).

Flock will also provide Agency with the Documentation to be used in accessing and using the Services. Agency shall be responsible for all acts and omissions of Authorized End Users, and any act or omission by an Authorized End User which, if undertaken by Agency, would constitute a breach of this Agreement, shall be deemed a breach of this Agreement by Agency. Agency shall undertake reasonable efforts to make all Authorized End Users aware of the provisions of this Agreement as applicable to such Authorized End User’s use of the Services and shall cause Authorized End Users to comply with such provisions. Flock may use the services of one or more third parties to deliver any part of the Services, (such as using a third party to host the Web Interface for cloud storage or a cell phone provider for wireless cellular coverage) which makes the Services available to Agency and Authorized End Users. Warranties provided by said third Party service providers are the agency’s sole and exclusive remedy and Flock’s sole and exclusive liability with regard to such third-Party services, including without limitation hosting the web interface. Agency agrees to comply with any acceptable use policies and other terms of any third-Party service provider that are provided or otherwise made available to Agency from time to time.

2.2 Embedded Software License. Subject to all terms of this Agreement, Flock grants Agency a limited, nonexclusive, non-transferable, non-sublicensable (except to the Authorized End Users), revocable right to use the Embedded Software as installed on the Flock Hardware or Agency Hardware; in each case, solely as necessary for Agency to use the Services.

2.3 Documentation License. Subject to the terms of this Agreement, Flock hereby grants to Agency a nonexclusive, non-transferable right and license to use the Documentation during the Term in connection with its use of the Services as contemplated herein, and under Section 2.5 below.

2.4 Wing Suite License. Subject to all terms of this Agreement, Flock grants Agency a limited, non-exclusive, nontransferable, non-sublicensable (except to the Authorized End Users), revocable right to use the Wing Suite software and interface.

2.5 Usage Restrictions.

2.5.1 Flock IP. The Permitted Purpose for usage of the Flock Hardware, Agency Hardware, Documentation, Services, support, and Flock IP are solely to facilitate gathering evidence that could be used in a lawful criminal investigation by the appropriate government agency. Agency will not, and will not permit any Authorized End Users to, (i) copy or duplicate any of the Flock IP; (ii) decompile, disassemble, reverse engineer, or otherwise attempt to obtain or perceive the source code from which any software component of any of the Flock IP is compiled or interpreted, or apply any other process or procedure to derive the source code of any software included in the Flock IP; (iii) attempt to modify, alter, tamper with or repair any of the Flock IP, or attempt to create any derivative product from any of the foregoing; (iv) interfere or attempt to interfere in any manner with the functionality or proper working of any of the Flock IP; (v) remove, obscure, or alter any notice of any intellectual property or proprietary right appearing on or contained within any of the Services or Flock IP; (vi) use the Services, support, Flock Hardware, Documentation, or the Flock IP for anything other than the Permitted Purpose; or (vii) assign, sublicense, sell, resell, lease, rent, or otherwise transfer, convey, pledge as security, or otherwise encumber, Agency’s rights under Sections 2.1, 2.2, 2.3, or 2.4.

2.5.2. Flock Hardware. Agency understands that all Flock Hardware is owned exclusively by Flock, and that title to any Flock Hardware does not pass to Agency upon execution of this Agreement. Except for Falcon Flex products, which are designed for self-installation, Agency is not permitted to remove, reposition, re-install, tamper with, alter, adjust or otherwise take possession or control of Flock Hardware. Notwithstanding the notice and cure period set for in Section 6.3, Agency agrees and understands that in the event Agency is found to engage in any of

8.6.b
Federal Asset Forfeiture - Flock Safety Automated License Packet Pg. 43 Flock Group Inc. Order Form
This proposal expires in 30 days.
the restricted actions of this Section 2.5.2, all warranties herein shall be null and void, and this Agreement shall be subject to immediate termination (without opportunity to cure) for material breach by Agency.

2.6 Retained Rights; Ownership. As between the Parties, subject to the rights granted in this Agreement, Flock and its licensors retain all right, title and interest in and to the Flock IP and its components, and Agency acknowledges that it neither owns nor acquires any additional rights in and to the foregoing not expressly granted by this Agreement. Agency further acknowledges that Flock retains the right to use the foregoing for any purpose in Flock’s sole discretion. There are no implied rights.

2.7 Suspension.

2.7.1 Service Suspension. Notwithstanding anything to the contrary in this Agreement, Flock may temporarily suspend Agency’s and any Authorized End User’s access to any portion or all of the Flock IP or Flock Service if Flock reasonably determines that (a) there is a threat or attack on any of the Flock IP by Agency; (b) Agency’s or any Authorized End User’s use of the Flock IP disrupts or poses a security risk to the Flock IP or any other customer or vendor of Flock; (c) Agency or any Authorized End User is/are using the Flock IP for fraudulent or illegal activities; (d) Agency has violated any term of this provision, including, but not limited to, utilizing the Services for anything other than the Permitted Purpose (“Service Suspension”). AgencyAgency shall not be entitled to any remedy for the Service Suspension period, including any reimbursement, tolling, or credit.

2.7.2 Service Interruption. Services may be interrupted in the event that: (a) Flock’s provision of the Services to Agency or any Authorized End User is prohibited by applicable law; (b) any third-party services required for Services are interrupted; (c) if Flock reasonably believe Services are being used for malicious, unlawful, or otherwise unauthorized use; (d) there is a threat or attack on any of the Flock IP by a third party; or (e) scheduled or emergency maintenance (“Service Interruption”). Flock will make commercially reasonable efforts to provide written notice of any Service Interruption to Agency and to provide updates regarding resumption of access to Flock Services. Flock will use commercially reasonable efforts to resume providing access to the Service as soon as reasonably possible after the event giving rise to the Service Interruption is cured. Flock will have no liability for any damage, liabilities, losses (including any loss of data or profits), or any other consequences that Agency or any Authorized End User may incur as a result of a Service Interruption. To the extent that the Service Interruption is not caused by Agency’s direct actions or by the actions of parties associated with the Agency, the expiration of the Term will be tolled by the duration of the Service Interruption (for any continuous suspension lasting at least one full day) prorated for the proportion of cameras on the Agency’s account that have been impacted. For example, in the event of a Service Interruption lasting five (5) continuous days, Agency will receive a credit for five (5) free days at the end of the Term.

2.8 Installation Services.

2.8.1 Designated Locations. For installation of Flock Hardware, excluding Falcon Flex products, prior to performing the physical installation of the Flock Hardware, Flock shall advise Agency on the location and positioning of the Flock Hardware for optimal license plate image capture, as conditions and location allow. Flock may consider input from Agency regarding location, position and angle of the Flock Hardware (“Designated Location”) and collaborate with Agency to design the Deployment Plan confirming the Designated Locations. Flock shall have final discretion on location of Flock Hardware. Flock shall have no liability to Agency resulting from any poor performance, functionality or Footage resulting from or otherwise relating to the Designated Locations or delay in installation due to Agency’s delay in confirming Designated Locations, in ordering and/or having the Designated Location ready for installation including having all electrical work preinstalled and permits ready, if necessary. After installation, any subsequent changes to the Deployment Plan (“Reinstalls”) will incur a charge for Flock’s thencurrent list price for Reinstalls, as listed in the then-current Reinstall policy (available at https://www.flocksafety.com/reinstall-fee-schedule) and any equipment fees. For clarity, Agency will receive prior notice and provide approval for any such fees. These changes include but are not limited to re-positioning, adjusting of the mounting, re-angling, removing foliage, replacement, changes to heights of poles, regardless of whether the

8.6.b
Federal Asset Forfeiture - Flock Safety Automated License Packet Pg. 44 Flock Group Inc. Order Form
This proposal expires in 30 days.
need for Reinstalls related to vandalism, weather, theft, lack of criminal activity in view, and the like. Flock shall have full discretion on decision to reinstall Flock Hardware.

2.8.2 Agency Installation Obligations. Agency agrees to allow Flock and its agents reasonable access in and near the Designated Locations at all reasonable times upon reasonable notice for the purpose of performing the installation work. Although Flock Hardware is designed to utilize solar power, certain Designated Locations may require a reliable source of 120V or 240V AC power. In the event adequate solar power is not available, Agency is solely responsible for costs associated with providing a reliable source of 120V or 240V AC power to Flock Hardware. Flock will provide solar options to supply power at each Designated Location. If Agency refuses recommended solar options, Agency waives any reimbursement, tolling, or credit for any suspension period of Flock Services due to low solar power. Additionally, Agency is solely responsible for (i) any permits or associated costs, and managing the permitting process of installation of cameras or AC power; (ii) any federal, state, or local taxes including property, license, privilege, sales, use, excise, gross receipts, or other similar taxes which may now or hereafter become applicable to, measured by or imposed upon or with respect to the installation of the Flock Hardware, its use (excluding tax exempt entities), or (iii) any other supplementary cost for services performed in connection with installation of the Flock Hardware, including but not limited to contractor licensing, engineered drawings, rental of specialized equipment, or vehicles, third-party personnel (i.e. Traffic Control Officers, Electricians, State DOT-approved poles, etc., if necessary), such costs to be approved by the Agency (“Agency Installation Obligations”). In the event that a Designated Location for Flock Hardware requires permits, Flock may provide the Agency with a temporary alternate location for installation pending the permitting process. Once the required permits are obtained, Flock will relocate the Flock Hardware from the temporary alternate location to the permitted location at no additional cost. Without being obligated or taking any responsibility for the foregoing, Flock may pay and invoice related costs to Agency if Agency did not address them prior to the execution of this Agreement or a third party requires Flock to pay. Agency represents and warrants that it has, or shall lawfully obtain, all necessary right title and authority and hereby authorizes Flock to install the Flock Hardware at the Designated Locations and to make any necessary inspections or tests in connection with such installation.

2.8.3 Flock’s Obligations. Installation of Flock Hardware shall be installed in a workmanlike manner in accordance with Flock’s standard installation procedures, and the installation will be completed within a reasonable time from the time that the Designated Locations are confirmed. Upon removal of Flock Hardware, Flock shall restore the location to its original condition, ordinary wear and tear excepted. Following the initial installation of the Flock Hardware and any subsequent Reinstalls or maintenance operations, Flock’s obligation to perform installation work shall cease; however, for the sole purpose of validating installation, Flock will continue to monitor the performance of Flock Hardware for the length of the Term and will receive access to the Footage for a period of seven (7) business days after the initial installation for quality control and provide any necessary maintenance. Labor may be

8.6.b
Federal Asset Forfeiture - Flock Safety Automated License Packet Pg. 45 Flock Group Inc. Order Form
This proposal expires in 30 days.
provided by Flock or a third-party. Flock is not obligated to install, reinstall, or provide physical maintenance to Agency Hardware. Notwithstanding anything to the contrary, Agency understands that Flock will not provide installation services for Falcon Flex products.

2.8.4 Ownership of Hardware. Flock Hardware shall remain the personal property of Flock and will be removed upon the natural expiration of this Agreement at no additional cost to Agency. Agency shall not perform any acts which would interfere with the retention of title of the Flock Hardware by Flock. Should Agency default on any payment of the Flock Services, Flock may remove Flock Hardware at Flock’s discretion. Such removal, if made by Flock, shall not be deemed a waiver of Flock’s rights to any damages Flock may sustain as a result of Agency’s default and Flock shall have the right to enforce any other legal remedy or right.

2.9 Hazardous Conditions. Unless otherwise stated in the Agreement, Flock’s price for its services under this Agreement does not contemplate work in any areas that contain hazardous materials, or other hazardous conditions, including, without limit, asbestos, lead, toxic or flammable substances. In the event any such hazardous materials are discovered in the designated locations in which Flock is to perform services under this Agreement, Flock shall have the right to cease work immediately in the area affected until such materials are removed or rendered harmless.

2.10 Support Services. Subject to the payment of fees, Flock shall monitor the performance and functionality of Flock Services and may, from time to time, advise Agency on changes to the Flock Services, Installation Services, or the Designated Locations which may improve the performance or functionality of the Services or may improve the quality of the Footage. The work, its timing, and the fees payable relating to such work shall be agreed by the Parties prior to any alterations to or changes of the Services or the Designated Locations (“Monitoring Services”).

Flock will use commercially reasonable efforts to respond to requests for support. Flock will provide Agency with reasonable technical and on-site support and maintenance services (“On-Site Services”) in-person or by email at [email protected], at no additional cost. Notwithstanding anything to the contrary, Agency is solely responsible for installation of Falcon Flex products. Agency further understands and agrees that Flock will not provide monitoring services or on-site services for Falcon Flex.

2.11 Special Terms. From time to time, Flock may offer certain Special Terms related to guarantees, service and support which are indicated in the proposal and on the Order Form and will become part of this Agreement, upon Agency’s prior written consent. To the extent that any terms of this Agreement are inconsistent or conflict with the Special Terms, the Special Terms shall control.

2.12 Upgrades to Platform. Flock may, in its sole discretion, make any upgrades to system or platform that it deems necessary or useful to (i) maintain or enhance (a) the quality or delivery of Flock’s products or services to its agencies, (b) the competitive strength of, or market for, Flock’s products or services, (c) such platform or system’s cost efficiency or performance, or (ii) to comply with applicable law. Parties understand that such upgrades are necessary from time to time and will not materially change any terms or conditions within this Agreement.

8.6.b
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3. RESTRICTIONS AND RESPONSIBILITIES

3.1 Agency Obligations. Flock will assist Agency Authorized End Users in the creation of a User ID. Agency agrees to provide Flock with accurate, complete, and updated registration information. Agency may not select as its User ID a name that Agency does not have the right to use, or another person’s name with the intent to impersonate that person. Agency may not transfer its account to anyone else without prior written permission of Flock. Agency will not share its account or password with anyone and must protect the security of its account and password. Unless otherwise stated and defined in this Agreement, Agency may not designate Authorized End Users for persons who are not officers, employees, or agents of Agency. Authorized End Users shall only use Agency-issued email addresses for the creation of their User ID. Agency is responsible for any activity associated with its account.

Agency shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Services. Agency will, at its own expense, provide assistance to Flock, including, but not limited to, by means of access to, and use of, Agency facilities, as well as by means of assistance from Agency personnel to the limited extent any of the foregoing may be reasonably necessary to enable Flock to perform its obligations hereunder, including, without limitation, any obligations with respect to Support Services or any Installation Services.

3.2 Agency Representations and Warranties. Agency represents, covenants, and warrants that Agency will use the Services only in compliance with this Agreement and all applicable laws and regulations, including but not limited to any laws relating to the recording or sharing of video, photo, or audio content. Although Flock has no obligation to monitor Agency ’s use of the Services, Flock may do so and may prohibit any use of the Services it believes may be (or alleged to be) in violation of the foregoing.

4. CONFIDENTIALITY; AGENCY DATA

4.1 Confidentiality. To the extent allowable by applicable FOIA and state-specific Public Records Acts, each Party (the “Receiving Party”) understands that the other Party (the “Disclosing Party”) has disclosed or may disclose business, technical or financial information relating to the Disclosing Party’s business (hereinafter referred to as “Proprietary Information” of the Disclosing Party). Proprietary Information of Flock includes non-public information regarding features, functionality and performance of the Services. Proprietary Information of Agency includes non-public data provided by Agency to Flock or collected by Flock via the Flock Hardware or Agency Hardware, to enable the provision of the Services, which includes but is not limited to geolocation information and environmental data collected by sensors . The Receiving Party agrees: (i) to take the same security precautions to protect against disclosure or unauthorized use of such Proprietary Information that the Party takes with its own proprietary information, but in no event will a Party apply less than reasonable precautions to protect such Proprietary Information, and (ii) not to use (except in performance of the Services or as otherwise permitted herein) or divulge to any third person any such Proprietary Information. Flock’s use of the Proprietary Information may include processing the Proprietary Information to send Agency alerts, or to analyze the data collected to identify motion or other events. The Disclosing Party agrees that the foregoing shall not apply with respect to any information that the Receiving Party can document (a) is or becomes generally available to the public, or (b) was in its possession or known by it prior to receipt from the Disclosing Party, or (c) was rightfully disclosed to it without restriction by a third Party, or (d) was independently developed without use of any Proprietary Information of the Disclosing Party. Nothing in this Agreement will prevent the Receiving Party from disclosing the Proprietary Information pursuant to any judicial or governmental order, provided that the Receiving Party gives the Disclosing Party reasonable prior notice of such disclosure to contest such order. For clarity, Flock may access, use, preserve and/or disclose the Footage to law enforcement authorities, government officials, and/or third Parties, if legally required to do so or if Flock has a good faith belief that such access, use, preservation or disclosure is reasonably necessary to: (a) comply with a legal process or request; (b) enforce this Agreement, including investigation of any potential violation thereof; (c) detect, prevent or otherwise address security, fraud or technical issues; or (d) protect the rights, property or safety of Flock, its users, a third Party, or the public as required or permitted by law, including respond to an emergency situation. Flock may store deleted Footage in order to comply with certain legal obligations, but such retained Footage will not be retrievable without a valid court order.

4.2 Agency Data. As between Flock and Agency, all right, title and interest in the Agency Data, belong to and are retained solely by Agency. Agency hereby grants to Flock a limited, non-exclusive, royalty-free, worldwide license to (i) use the Agency Data and perform all acts with respect to the Agency Data as may be necessary for Flock to provide the Flock Services to Agency, including without limitation the Support Services set forth in Section 2.10

8.6.b
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above, and a non-exclusive, perpetual, irrevocable, worldwide, royalty-free, fully paid license to use, reproduce, modify, display, and distribute the Agency Data as a part of the Aggregated Data, (ii) disclose the Agency Data (both inclusive of any Footage) to enable law enforcement monitoring for elected law enforcement Hotlists as well as provide Footage search access to law enforcement for investigative purposes only, and (iii) and obtain Aggregated Data as set forth below in Section 4.4. As between Agency and Non-Agency End Users that have prescribed access of Footage to Agency, each of Agency and Non-Agency End Users will share all right, title and interest in the Non-Agency End User Data. This Agreement does not by itself make any Non-Agency End User Data the sole property or the Proprietary Information of Agency. Flock will automatically delete Footage older than thirty (30) days. Agency has a thirty (30) day window to view, save and/or transmit Footage to the relevant government agency prior to its deletion. Notwithstanding the foregoing, Flock automatically deletes Wing Replay after seven (7) days, during which time Agency may view, save and/or transmit such data to the relevant government agency prior to deletion. Flock does not own and shall not sell Agency Data.

4.3 Agency Generated Data in Wing Suite. Parties understand that Flock does not own any right, title, or interest to third-party video integrated into the Wing Suite. Flock may provide Agency with the opportunity to post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available on or submit through the Wing Suite, messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions, or other information or materials produced by Agency. Agency shall retain whatever legally cognizable right, title, and interest that Agency has in Agency Generated Data. Agency understands and acknowledges that Flock has no obligation to monitor or enforce Agency’s intellectual property rights to Agency Generated Data. To the extent legally permissible, Agency grants Flock a non-exclusive, perpetual, irrevocable, worldwide, royalty-free, fully paid license to use, reproduce, modify, display, and distribute the Agency Generated Data for the sole purpose of providing Flock Services. Flock does not own and shall not sell Agency Generated Data.

4.4 Feedback. If Agency provides any suggestions, ideas, enhancement requests, feedback, recommendations or other information relating to the subject matter hereunder, Agency hereby assigns (and will cause its agents and representatives to assign) to Flock all right, title and interest (including intellectual property rights) with respect to or resulting from any of the foregoing.

4.5 Aggregated Data. Flock shall have the right to collect, analyze, and anonymize Agency Data and Agency Generated Data to create Aggregated Data to use and perform the Services and related systems and technologies, including the training of machine learning algorithms. Agency hereby grants Flock a non-exclusive, worldwide, perpetual, royalty-free right (during and after the Term hereof) to use and distribute such Aggregated Data to improve and enhance the Services and for other development, diagnostic and corrective purposes, other Flock offerings, and crime prevention efforts. Parties understand that the aforementioned license is required for continuity of Services. No rights or licenses are granted except as expressly set forth herein. Flock does not sell Aggregated Data.

5. PAYMENT OF FEES

5.1.1 Wing Suite Fees. For Wing Suite products, the Agency will pay Flock the first Usage Fee and the Implementation Fee (as described on the Order Form attached hereto) as set forth on the Order Form on or before the 30th day following the Effective Date of this Agreement. Flock shall have no liability resulting from any delay by the Agency in installing the Embedded Software on the Agency Hardware. If applicable, Agency shall pay the ongoing Usage Fees set forth on the Order Form with such Usage Fees due and payable thirty (30) days in advance of each payment period.

5.1.2 Falcon Fees. For Falcon products during the Term (as defined in Section 6.1), Agency will pay Flock fifty percent (50%) of the Usage Fee, the Implementation Fee as set forth on the Order Form on or before the 30th day following receipt of initial invoice after Effective Date. Upon commencement of installation, Flock will issue an invoice for twenty-five percent (25%) of total fees, and Agency shall pay on or before 30th day following receipt of invoice. Upon completion of installation, Flock will issue an invoice for the remaining balance and Agency shall pay on or before 30th day following receipt of final invoice. Flock is not obligated to commence the Installation Services unless and until the first payment has been made and shall have no liability resulting from any delay related thereto.

For a Renewal Term, as defined below, Agency shall pay the entire invoice on or before the 30th day following receipt of invoice.

8.6.b
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5.2 Notice of Changes to Fees. Flock reserves the right to change the fees or applicable charges and to institute new charges and fees on subsequent terms by providing sixty (60) days’ notice prior to the end of such Initial Term or Renewal Term (as applicable) to Agency (which may be sent by email).

5.3 Invoicing, Late Fees; Taxes. Flock may choose to bill through an invoice, in which case, full payment for invoices must be received by Flock thirty (30) days after the receipt of invoice. If Agency is a non-tax-exempt entity, Agency shall be responsible for all taxes associated with Services other than U.S. taxes based on Flock’s net income. If Agency believes that Flock has billed Agency incorrectly, Agency must contact Flock no later than sixty (60) days after the closing date on the first billing statement in which the error or problem appeared, in order to receive an adjustment or credit. Agency acknowledges and agrees that a failure to contact Flock within this sixty (60) day period will serve as a waiver of any claim Agency may have had as a result of such billing error.

6. TERM AND TERMINATION

6.1 Term. The initial term of this Agreement shall be for the period of time set forth on the Order Form (the “Term”). Following the Term, unless otherwise indicated on the Order Form, this Agreement will automatically renew for successive renewal terms of the greater of one year or the length set forth on the Order Form (each, a “Renewal Term”) unless either Party gives the other Party notice of non-renewal at least thirty (30) days prior to the end of the then-current term.
a. For Wing Suite products: the Term shall commence upon execution of this Agreement and continue for one (1) year, after which, the Term may be extended by mutual consent of the Parties, unless terminated by either Party. b. For Falcon and Sparrow products: the Term shall commence upon first installation and validation of Flock Hardware.
c. For Raven products: the Term shall commence upon first installation and validation of Flock Hardware. d. For Falcon Flex products: the Term shall commence upon execution of this Agreement.

6.2 Termination for Convenience. At any time during the agreed upon Term, either Party may terminate this Agreement for convenience. Termination for convenience of the Agreement by the Agency will be effective immediately. Termination for convenience by Agency will result in a one-time removal fee of $500 per Flock Hardware. Termination for convenience by Flock will not result in any removal fees. Upon termination for convenience, a refund will be provided for Flock Hardware, prorated for any fees for the remaining Term length set forth previously. Wing Suite products are not subject to refund for early termination. Flock will provide advanced written notice and remove all Flock Hardware at Flock’s own convenience, within a commercially reasonable period of time upon termination.

6.3 Termination. Notwithstanding the termination provisions in Section 2.5.2, in the event of any material breach of this Agreement, the non-breaching Party may terminate this Agreement prior to the end of the Term by giving thirty (30) days prior written notice to the breaching Party; provided, however, that this Agreement will not terminate if the breaching Party has cured the breach prior to the expiration of such thirty (30) day period. Either Party may terminate this Agreement, without notice, (i) upon the institution by or against the other Party of insolvency, receivership or bankruptcy proceedings, (ii) upon the other Party's making an assignment for the benefit of creditors, or (iii) upon the other Party's dissolution or ceasing to do business. Upon termination for Flock’s material breach, Flock will refund to Agency a pro-rata portion of the pre-paid fees for Services not received due to such termination.

6.4 No-Fee Term. Flock will provide Agency with complimentary access to Hotlist alerts, as further described in Section 4.2 (“No-Fee Term”). In the event a Non-Agency End User grants Agency access to Footage and/or notifications from a Non-Agency End User, Agency will have access to Non-Agency End User Footage and/or notifications until deletion, subject to a thirty (30) day retention policy for all products except Wing Replay, which is subject to a seven (7) day retention policy. Flock may, in their sole discretion, provide access or immediately terminate the No-Fee Term. The No-Fee Term will survive the Term of this Agreement. Flock, in its sole discretion, can determine to impose a price per No-Fee Term upon thirty (30) days’ notice to Agency. Agency may terminate any No-Fee Term or access to future No-Fee Terms upon thirty (30) days’ notice.

8.6.b
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6.5 Survival. The following Sections will survive termination: 2.5, 2.6, 3, 4, 5, 6.4, 7.3, 7.4, 8.1, 8.2, 8.3,

8.4, 9.1 and 9.6.

7. REMEDY; WARRANTY AND DISCLAIMER

7.1 Remedy. Upon a malfunction or failure of Flock Hardware or Embedded Software (a “Defect”), Agency must notify Flock’s technical support as described in Section 2.10 above. If Flock is unable to correct the Defect, Flock shall, or shall instruct one of its contractors to repair or replace the Flock Hardware or Embedded Software suffering from the Defect. Flock reserves the right in their sole discretion to refuse or delay replacement or its choice of remedy for a Defect until after it has inspected and tested the affected Flock Hardware provided that such inspection and test shall occur within a commercially reasonable time, but no longer than seven (7) business days after Agency notifies the Flock of a known Defect. In the event of a Defect, Flock will repair or replace the defective Flock Hardware at no additional cost to Agency. Absent a Defect, in the event that Flock Hardware is lost, stolen, or damaged, Agency may request that Flock replace the Flock Hardware at a fee according to the then-current Reinstall policy (https://www.flocksafety.com/reinstall-fee-schedule). Agency shall not be required to replace subsequently lost, damaged or stolen Flock Hardware, however, Agency understands and agrees that functionality, including Footage, will be materially affected due to such subsequently lost, damaged or stolen Flock Hardware and that Flock will have no liability to Agency regarding such affected functionality nor shall the Usage Fee or Implementation Fees owed be impacted. Flock is under no obligation to replace or repair Flock Hardware or Agency Hardware.

7.2 Exclusions. Flock will not provide the remedy described in Section 7.1 if Agency has misused the Flock Hardware, Agency Hardware, or Service in any manner.

7.3 Warranty. Flock shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services and shall perform the Installation Services in a professional and workmanlike manner. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Flock or by third-party providers, or because of other causes beyond Flock’s reasonable control, but Flock shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption.

7.4 Disclaimer. THE REMEDY DESCRIBED IN SECTION 7.1 ABOVE IS AGENCY’S SOLE REMEDY, AND FLOCK’S SOLE LIABILITY, WITH RESPECT TO DEFECTIVE EMBEDDED SOFTWARE. FLOCK DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT

MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE SERVICES ARE PROVIDED “AS IS” AND FLOCK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT

LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THIS DISCLAIMER OF SECTION 7.4 ONLY APPLIES TO THE EXTENT ALLOWED BY THE GOVERNING LAW OF THE STATE MENTIONED IN SECTION 9.6.

7.5 Insurance. Flock will maintain commercial general liability policies with policy limits reasonably commensurate with the magnitude of Flock’s business risk. Certificates of Insurance can be provided upon request.

7.6 Force Majeure. Parties are not responsible or liable for any delays or failures in performance from any cause beyond their control, including, but not limited to acts of God, changes to law or regulations, embargoes, war, terrorist acts, acts or omissions of third-Party technology providers, riots, fires, earthquakes, floods, power blackouts, strikes, supply chain shortages of equipment or supplies, weather conditions or acts of hackers, internet service providers or any other third Party acts or omissions. Force Majeure includes the novel coronavirus Covid-19 pandemic, and the potential spread of variants, which is ongoing as of the date of the execution of this Agreement.

8. LIMITATION OF LIABILITY; NO FEE TERM; INDEMNITY

8.1 Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY, FLOCK AND ITS

SUPPLIERS (INCLUDING BUT NOT LIMITED TO ALL HARDWARE AND TECHNOLOGY SUPPLIERS),

OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND EMPLOYEES SHALL NOT BE

RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR

TERMS AND CONDITIONS RELATED THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, PRODUCT LIABILITY, OR OTHER THEORY: (A) FOR ERROR OR INTERRUPTION OF USE

OR FOR LOSS OR INACCURACY, INCOMPLETENESS OR CORRUPTION OF DATA OR FOOTAGE OR

COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY OR LOSS OF

8.6.b
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BUSINESS; (B) FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; (C) FOR ANY MATTER BEYOND FLOCK’S ACTUAL KNOWLEDGE OR REASONABLE

CONTROL INCLUDING REPEAT CRIMINAL ACTIVITY OR INABILITY TO CAPTURE FOOTAGE OR IDENTIFY AND/OR CORRELATE A LICENSE PLATE WITH THE FBI DATABASE; (D) FOR ANY PUBLIC DISCLOSURE OF PROPRIETARY INFORMATION MADE IN GOOD FAITH; (E) FOR CRIME PREVENTION; OR (F) FOR ANY AMOUNTS THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH

ALL OTHER CLAIMS, EXCEED THE FEES PAID AND/OR PAYABLE BY AGENCY TO FLOCK FOR THE SERVICES UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS PRIOR TO THE ACT OR

OMISSION THAT GAVE RISE TO THE LIABILITY, IN EACH CASE, WHETHER OR NOT FLOCK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY OF SECTION 8 ONLY APPLIES TO THE EXTENT ALLOWED BY THE GOVERNING LAW OF THE STATE MENTIONED IN SECTION 9.6.

8.2 Additional No-Fee Term Requirements. IN NO EVENT SHALL FLOCK’S AGGREGATE LIABILITY, IF

ANY, ARISING OUT OF OR IN ANY WAY RELATED TO THE COMPLIMENTARY NO-FEE TERM AS DESCRIBED IN SECTION 6.4 EXCEED $100, WITHOUT REGARD TO WHETHER SUCH CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE. Parties acknowledge and agree that the essential purpose of this Section 8.2 is to allocate the risks under the No-Fee Term described in Section 6.4 and limit potential liability given the aforementioned complimentary service, which would have been substantially higher if Flock were to assume any further liability other than as set forth herein. Flock has relied on these limitations in determining whether to provide the complementary No-Fee Term. The limitations set forth in this Section 8.2 shall not apply to claims or damages resulting from Flock’s other obligations under this Agreement.

8.3 Responsibility. Each Party to this Agreement shall assume the responsibility and liability for the acts and omissions of its own employees, deputies, officers, or agents, in connection with the performance of their official duties under this Agreement. Each Party to this Agreement shall be liable (if at all) only for the torts of its own officers, agents, or employees.

8.4 Indemnity. Agency hereby agrees to indemnify and hold harmless Flock against any damages, losses, liabilities, settlements and expenses in connection with any claim or action that arises from an alleged violation of Section 3.1, a breach of this Agreement, Agency’s Installation Obligations, Agency’s sharing of any data in connection with the Flock system, Flock employees or agent or Non-Agency End Users, or otherwise from Agency’s use of the Services, Flock Hardware, Agency Hardware and any Embedded Software, including any claim that such actions violate any applicable law or third Party right. Although Flock has no obligation to monitor Agency’s use of the Services, Flock may do so and may prohibit any use of the Services it believes may be (or alleged to be) in violation of Section 3.1 or this Agreement.

9. MISCELLANEOUS

9.1 Compliance With Laws. The Agency agrees to comply with all applicable local, state and federal laws, regulations, policies and ordinances and their associated record retention schedules, including responding to any subpoena request(s). In the event Flock is legally compelled to comply with a judicial order, subpoena, or government mandate, to disclose Agency Data or Agency Generated Data, Flock will provide Agency with notice.

9.2 Severability. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.

8.6.b
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9.3 Assignment. This Agreement is not assignable, transferable or sublicensable by either Party, without prior consent. Notwithstanding the foregoing, either Party may assign this Agreement, without the other Party's consent, (i) to any parent, subsidiary, or affiliate entity, or (ii) to any purchase of all or substantially all of such Party's assets or to any successor by way of merger, consolidation or similar transaction.

9.4 Entire Agreement. This Agreement, together with the Order Form(s), the then-current Reinstall policy (https://www.flocksafety.com/reinstall-fee-schedule), Deployment Plan(s), and any attached addenda are the complete and exclusive statement of the mutual understanding of the Parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both Parties, except as otherwise provided herein. None of Agency’s purchase orders, authorizations or similar documents will alter the terms of this Agreement, and any such conflicting terms are expressly rejected. In the event of any conflict of terms found in this Agreement or any other terms and conditions, the terms of this Agreement shall prevail.

9.5 Relationship. No agency, partnership, joint venture, or employment is created as a result of this Agreement and Agency does not have any authority of any kind to bind Flock in any respect whatsoever. Flock shall at all times be and act as an independent contractor.

9.6 Governing Law; Venue. This Agreement shall be governed by the laws of the State in which the Agency is located. The Parties hereto agree that venue would be proper in the chosen courts of the State of which the Agency is located. The Parties agree that the United Nations Convention for the International Sale of Goods is excluded in its entirety from this Agreement.

9.7 Publicity. Upon prior consent from Agency, Flock has the right to reference and use Agency’s name and trademarks and disclose the nature of the Services provided hereunder in each case in business and development and marketing efforts, including without limitation on Flock’s website.

9.8 Export. Agency may not remove or export from the United States or allow the export or re-export of the Flock IP or anything related thereto, or any direct product thereof in violation of any restrictions, laws or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets

8.6.b
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Control, or any other United States or foreign agency or authority. As defined in Federal Acquisition Regulation (“FAR”), section 2.101, the Services, the Flock Hardware and Documentation are “commercial items” and according to the Department of Defense Federal Acquisition Regulation (“DFAR”) section 252.2277014(a)(1) and are deemed to be “commercial computer software” and “commercial computer software documentation.” Flock is compliant with FAR Section 889 and does not contract or do business with, use any equipment, system, or service that uses the enumerated banned Chinese telecommunication companies, equipment or services as a substantial or essential component of any system, or as critical technology as part of any Flock system. Consistent with DFAR section 227.7202 and FAR section 12.212, any use, modification, reproduction, release, performance, display, or disclosure of such commercial software or commercial software documentation by the U.S. Government will be governed solely by the terms of this Agreement and will be prohibited except to the extent expressly permitted by the terms of this Agreement.

9.9 Headings. The headings are merely for organization and should not be construed as adding meaning to the Agreement or interpreting the associated sections.

9.10 Authority. Each of the below signers of this Agreement represent that they understand this Agreement and have the authority to sign on behalf of and bind the Parties they are representing.

9.11 Notices. All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by email; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested.

FLOCK NOTICES ADDRESS:
1170 HOWELL MILL ROAD, NW SUITE 210
ATLANTA, GA 30318
ATTN: LEGAL DEPARTMENT
EMAIL: [email protected]
AGENCY NOTICES ADDRESS:

ADDRESS:
/FlockAgencyNoticeAddress1/
ATTN: /FlockAgencyNoticeAttention1/
EMAIL: /FlockAgencyNoticeEmail1/

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Transfer In: Transfer Out:

M E M O R A N D U M

CITY OF CHINO

POLICE DEPARTMENT
COUNCIL MEETING DATE: NOVEMBER 15, 2022
TO: LINDA REICH, CITY MANAGER
FROM: WES SIMMONS, CHIEF OF POLICE
SUBJECT: APPROPRIATION OF EARNED INTEREST ON GRANT FUNDS.

RECOMMENDATION
Appropriate from FY 2021-22 unappropriated reserves of the General Fund additional grant expenditures for the following Police Department grants AB3229 FY 19/20 in the amount of $854.17; AB 3229 FY 20/21 in the amount of $1,550.06; and AB 3229 FY 21/22 in the amount of $861.25.

FISCAL IMPACT
Requires an appropriation of interest earned from July 1, 2021 through June 30, 2022 to the following accounts:

AB3229 FY 19/20 1304000-40010-G4205 $854.17
AB3229 FY 20/21 1304000-40010-G4219 $1,550.06
For interest earned from September 1, 2021 through June 30, 2022 to the following account:

AB3229 FY 21/22 1304000-40010-G4224 $861.25
CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES:

8.7 CONSENT CALENDAR Packet Pg. 61
COUNCIL MEETING DATE: NOVEMBER 15, 2022
SUBJECT: APPROPRIATION OF EARNED INTEREST ON GRANT FUNDS PAGE 2

BACKGROUND
Grant funds are required to be deposited in a trust fund account. Any interest earned on these funds must be used towards the specific expenditures stated in the grant. The Finance Department provides the Police Department with the earned interest amount for each grant.

The interest earned, therefore, must be appropriated to each specific grant fund in order to expend the funds within the time frame established by the grant requirements.

ISSUES/ANALYSIS
The City of Chino has accepted grant funds on behalf of the Police department from the State of California. Grant expenditures are regulated and are precise as to what the funds will be used for and the time frame in which the grants must be expended. These regulations also apply to any interest earned from the grant funds. Appropriation of the interest earned is recommended in order to expend the funds within the regulated time frame. The interest highlighted shall go back for use into each specific grant. This report includes four State Citizens' Option for Public Safety Program (COPS) grants to be used for non-sworn personnel who support police operations and equipment supporting law enforcement.

8.7 CONSENT CALENDAR Packet Pg. 62
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: NOVEMBER 15, 2022
TO: LINDA REICH, CITY MANAGER
FROM: NICHOLAS S. LIGUORI, AICP, DEVELOPMENT SERVICES DIRECTOR SUBJECT: THE PRESERVE DEVELOPMENT AGREEMENT – PARTIAL ASSIGNMENT AND ASSUMPTION - R-HEARTHSTONE LOT OPTION POOL 05, L.P.

RECOMMENDATION
Approve an Assumption and Partial Assignment of the Preserve Development Agreement between the City of Chino, a municipal corporation; Lennar Homes of California, LLC; and RHearthstone Lot Option Pool 05, L.P., a Delaware limited partnership; and authorize the City Manager to execute all documents on behalf of the City.

FISCAL IMPACT
There is no direct fiscal impact.

CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES:

8.8 CONSENT CALENDAR Packet Pg. 63
COUNCIL MEETING DATE: NOVEMBER 15, 2022
SUBJECT: THE PRESERVE DEVELOPMENT AGREEMENT – PARTIAL ASSIGNMENT AND ASSUMPTION - R-HEARTHSTONE LOT OPTION POOL 05, L.P
PAGE 2

BACKGROUND
In 2004, the City entered into The Preserve Development Agreement (DA) with Chino Development Corporation, Chino Preserve Development Corporation, and Chino Holding Company, LLC (Lewis Companies) to help guide the orderly development of The Preserve as 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.

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 Subdivision Map Act - Government Code Section 66410 or Title 19 of the Chino Municipal Code.

Recently, Lewis Companies approached the City to request the approval of a Partial Assignment and Assumption Agreement with its purchaser, Lennar Homes of California, LLC (Lennar) for the acquisition of certain property as depicted in Exhibit A. The City Council approved this acquisition on October 4, 2022.

Subsequently, Lennar sold the subject property in accordance with the terms and conditions set forth in the Sale Agreement between Lennar and R-Hearthstone Lot Option Pool 05, L.P.

ISSUES/ANALYSIS
Lennar approached the City to request approval of a new Partial Assignment and Assumption Agreement with its purchaser, R-Hearthstone Lot Option Pool 05, L.P. (Exhibit B). The proposed assignment requires the City to release Lennar from its obligations under the Preserve DA as to the property covered by the proposed 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, Lennar Homes of California, LLC, and R-Hearthstone Lot Option Pool 05, L.P., a Delaware limited partnership.

Attachments: Exhibit A - Location Map
Exhibit B - Partial Assignment of the Preserve Development Agreement

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Partial Assignment & Assumption (DA) - Hearthstone Packet Pg. 74 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: NOVEMBER 15, 2022
TO: LINDA REICH, CITY MANAGER
FROM: NICHOLAS S. LIGUORI, AICP, DEVELOPMENT SERVICES DIRECTOR SUBJECT: FINAL ACCEPTANCE OF PUBLIC IMPROVEMENT - TRACT MAP NO. 18693 (LYNBROOK).

RECOMMENDATION
1) Accept public improvements as complete for Tract Map No. 18693; and 2) 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:

8.9 CONSENT CALENDAR Packet Pg. 75
COUNCIL MEETING DATE: NOVEMBER 15, 2022
SUBJECT: FINAL ACCEPTANCE OF PUBLIC IMPROVEMENT - TRACT MAP NO. 18693 (LYNBROOK)
PAGE 2

BACKGROUND
On April 21, 2015, the City Council approved final Tract Map No. 18693, as presented by KB Home Coastal Inc, that consists of 114 single-family condominium units on approximately 9.93 acres of land, generally located at the southeast corner of East Preserve Loop and Forest Park Street (Exhibit A). Tract Map No. 18693 was tentatively and conditionally approved by the City of Chino Planning Commission on January 5, 2009.

The requirements made at the time of the tentative map approval were satisfied by KB Home through the execution of a Subdivision Improvement Agreement and by posting the necessary securities to guarantee the construction of public improvements.

The conditions of approval required both on-site and off-site improvements. The offsite public improvements included curb and gutter, sidewalk, curb ramps and paving at the Alpine Meadows Avenue and Founder’s Grove Street intersection. The onsite public improvements included street lights and domestic water. This necessitated a Subdivision Improvement Agreement which was approved at the April 21, 2015 City Council meeting (Exhibit B).

ISSUES/ANALYSIS
The improvements are substantially complete and have been constructed to the satisfaction of the City Engineer.

These improvements will contribute to a positive city image by providing a safe pedestrian access through the replacement of nonconforming sidewalks, curb ramps, and crosswalks at the intersection of Alpine Meadows Avenue & Founder’s Grove Street. The improvements that are being accepted have been satisfactorily constructed to meet City and all applicable accessibility requirements. Refer to Exhibit A for the location of the improvements to be accepted.

All required development related fees have been paid and security for a one-year warranty 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.

With approval by City Council, the following maintenance obligations will commence.

Maintenance will be performed by either the City of Chino or the Preserve Master Maintenance Corporation (PMMC):

Public Street Sweeping: By the City
Public Sidewalks & Curb Ramps: PMMC
Public Water Lines, Laterals & Meters: By the City
Perimeter Parkway Landscaping: PMMC
Street Lights PMMC
Attachment:

Exhibit A - Location Map
Exhibit B - Subdivision Improvement Agreement

8.9 CONSENT CALENDAR Packet Pg. 76

8.9.a
Final Acceptance of Public Improvement - TM 18693 Packet Pg. 77 Contract No. Zo/ '. Z4 o
Approved i/tz// 7.0, 6- - 1

SUBDIVISION IMPROVEMENTAGREEMENT
TRACTMAP NO. 18693
THIS AGREEMENT is entered into by and between the CITY OF CHINO, a Municipal Corporation of the State of California ( hereafter called " the City") and KB Home Coastal Inc. hereafter called "the Subdivider").

WHEREAS, the Subdivider is the owner of certain real property situated in the City of Chino, County of San Bernardino, State of California, generally known and described as Tract Map No. 18693, which is the subject matter of this Agreement ( hereafter called " the Property"); and
WHEREAS, the Subdivider has submitted an application to the City to subdivide the Property as Tract Map No. 18693 ( hereafter called "the "Map"); and WHEREAS, the Subdivider proposes to develop the Property and construct certain improvements hereon as hereinafter set forth; and
WHEREAS, the City desires to assure that said proposed improvements will be constructed and installed in a good and workmanlike manner, and in strict accordance with all applicable laws, statutes, ordinances, resolutions and regulations now in force and effect in the City of Chino, and the terms and conditions imposed on the approval of said Map by the Planning Commission and the City Council, all of which are incorporated herein; and WHEREAS, the Subdivider acknowledges familiarity with the City's subdivision ordinance and requirements and the Subdivision Map Act ( Government Code Sections 66410-66499.37) and hereby agrees to comply therewith; and
WHEREAS, the Subdvider has prepared and submitted a final tract map for the Property in accordance with the City' s requirements for approval by the City Council.

NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:

Article 1 Duty to Install Public Improvements

1. 1 Requirements for Public Improvements. The Subdivider shall, at his/ her/its own cost and expense, construct, install and complete all of the public improvements contained in Exhibit 1 in a good and workmanlike manner, according to the approved plans and specifications, and to the satisfaction of the Assistant City Manager/Director of Public Works or his designee, within two ( 2) years from the date of the City' s approval of this Agreement, and within the time frame and subject to the conditions set forth in the Encroachment Permit that is issued for the required public improvements . The time for completion may be extended up to one ( 1) additional year by the City Council for good cause shown. The sum of Two Million Five Agreement Masters\ Subdivision Improvement Agreement( Preserve)\REV 15- 0128\ MB Page 1 of 10

8.9.b
Final Acceptance of Public Improvement - TM 18693 Packet Pg. 78 Hundred Forty-Eight Thousand Two Hundred and No/ 100 dollars ($ 2, 548,200.00) is the estimated construction cost of said improvements.

1. 2 Ownership of Public Improvements. All public improvements constructed or installed pursuant to this Agreement shall become the sole exclusive property of the City, without payment therefore, upon acceptance of said improvements by the City.

1. 3 Definition of Improvements. The term "improvement" shall mean any and all work or infrastructure required for the development of this subdivision, including, but not limited to, bicycle trails, communication transmission devices, curbs, drainage facilities, electric transmission devices, excavation, grading, gutters, landscaping, pathways, sanitary sewers, sidewalks, streets, street lights, traffic control devices, utilities, water lines, as shown on plans, profiles or specifications prepared or submitted by the Subdivider.

1. 4 Repair or Reconstruction of Defective Improvements. If, within a period of one ( 1) year after final acceptance of work performed under this Agreement, any improvement or part of any improvement constructed, installed or furnished, or caused to be constructed, installed or furnished by the Subdivider, or any of the work done under this Agreement fails to comply with, or satisfy, any of the requirements of this Agreement, or the specifications referenced herein, the Subdivider shall, without delay and without any cost to the City, repair or replace or reconstruct any defective or otherwise unsatisfactory part or parts of the work or improvements. Should the Subdivider fail to act promptly or in accordance with these requirements, or should an emergency require repairs or replacements to be made before the Subdivider can be notified, the City may, at its sole option, make the necessary repairs or replacements or perform the necessary work, and the Subdivider shall pay to the City the actual cost of such repairs, plus 15 percent.

1. 5 Repair or Replacement of Unrelated Improvements. The Subdivider shall replace, or have replaced, or repair, or have repaired, as the case may be, all pipes and monuments situated on said property, delineated on the Map, which have been destroyed or damaged and the Subdivider shall replace, or have replaced, repair, or have repaired, as the case may be, or pay to the owner, the entire cost of replacement or repairs, of any and all property damaged or destroyed by reason of any work done hereunder, whether such property be owned by the United States or any agency thereof, or the State of California, or any agency or political subdivision thereof, or by the City, or by any public or private corporation, or by any person whomsoever, or by any combination of such persons. Any such repair or replacement shall be to the satisfaction, and subject to the approval, of the Assistant City Manager/Director of Public Works or his designee.

1. 6 Time of Completion. All of the public improvements shall be completed within two ( 2) years from the date of the City' s approval of this Agreement, and within the time frame and subject to the conditions set forth in the Encroachment Permit that is issued for the required public improvements. In the event that the Subdivider fails to complete the public improvements within said period, the City may complete said work and shall be entitled to recover the full cost and expenses thereof from the Subdivider, or its surety, as hereinafter provided. The City may require the Subdivider, or its surety, to pay the City, in advance, sufficient monies to pay for the City' s cost of completing construction and installation of said public improvements.

Agreement Masters\Subdivision Improvement Agreement( Preserve)\ REV 15- 0128\ MB Page 2 of 10

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Final Acceptance of Public Improvement - TM 18693 Packet Pg. 79

1. 7 Security. Contemporaneously with the execution hereof, the Subdivider shall file security, subject to the approval of the City Attorney, pursuant to Section 66499 of the Government Code and Section 19. 09.010 of the Chino Municipal Code, to guarantee performance of the requirements of this Agreement, the terms and conditions imposed on the approval of Map, and all of the City' s ordinances, specifications and regulations as follows:
a. A security device in an amount equal to 100 percent of the estimated construction cost to guarantee the faithful performance of all of the requirements of this Agreement, including the construction, installation and completion of the work and public improvements required by this Agreement; and
b. A security device in an amount equal to 50 percent of the estimated construction cost to guarantee payment to the contractors, their subcontractors, and to persons renting equipment or furnishing labor and materials to said contractors, for the public improvements required by this Agreement; and
c. All security devices under this Agreement shall also guarantee the payment of reasonable attorney fees, expert witness fees and court costs to the City; and
d. Any changes or alterations in the work or public
improvements required hereunder, not exceeding 10 percent of their original estimated cost, shall not relieve any liability of the security given for the faithful performance of this Agreement.

In the event any changes or alterations of the work or public improvements required hereunder exceed 10 percent of their original estimated cost, the Subdivider shall provide such additional security for its faithful performance as determined by the Assistant City Manager/Director of Public Works or his designee and approved by the City Attorney.

The City Council may, at its sole discretion, reduce the amount of any security device as recommended by the Assistant City Manager/Director of Public Works or his designee and the City Attorney for any portion of the public improvements installed by the Subdivider and accepted by the Assistant City Manager/Director of Public Works or his designee.

1. 8 One Year Warranty and Warranty Bond. Without limiting the foregoing, Subdivider warrants and guarantees materials used and workmanship performed on said work and public improvements. In connection herewith, the Subdivider shall submit security, subject to the approval of the City Attorney, for a period of one ( 1) year following the completion and acceptance of the work hereunder in the sum equal to 10 percent of their actual construction cost and reasonable attorney fees, expert fees and court costs. The Subdivider further agrees to pay the City for all costs to maintain the landscaping in a vigorous and thriving condition, to maintain the street lights and to pay for all energy costs for a period of one ( 1) year after completion and acceptance thereof by the Assistant City Manager/Director of Public Works or his designee and the City Council. Maintenance and energy costs shall be based on the amounts specified in the most recent publication of the Annual Engineer's Report for the Levy of Assessments for the Landscaping and Lighting Districts.

1. 9 Payment of Labor and Materials. The Subdivider and its contractors shall pay for any materials, provision, provender and other supplies or equipment used in, upon, for, or about the performance of the work contracted to be done, and for any work or labor thereon of any kind, and for a payment bond with respect to such work or labor, as required by Agreement Masters\Subdivision Improvement Agreement( Preserve)\REV 15- 0128\ MB Page 3 of 10

8.9.b
Final Acceptance of Public Improvement - TM 18693 Packet Pg. 80 Civil Code Section 9550.

Article 2. Procedural Requirements

2. 1 Preparation of Improvements Plans. No work pursuant to this Agreement shall be commenced until the Subdivider's plans, profiles and specifications for the public improvements have been submitted to and approved by the Assistant City Manager/Director of Public Works or his designee. The Subdivider warrants that its plans, profiles and specifications conform as a minimum to the City's ordinances and standard specifications, and that they are adequate to construct and install the public improvements in a good, workmanlike manner and in accordance with sound construction practice for public works.

2. 2 Cost of Checking Plans. The Subdivider shall pay to the City the cost of checking and approving the plans, profiles and specifications. The Subdivider shall pay to the City the fees for the cost of checking said plans upon submittal of said plans to the City. If said fees prove to be insufficient to complete said plan checking, the Subdivider shall make additional deposits as required by the Assistant City Manager/Director of Public Works or his designee. Failure to make any required payment or deposit shall cause such plan checking to be suspended and be grounds to withhold the issuance of building permits for any construction in the subdivision defined by Map.

2. 3 Soils Report. The Subdivider shall cause to be made and pay for soil tests made by a reputable soils testing laboratory to determine gradation, bearing and resistance value of soils within the subdivision. The Subdivider shall also cause to be made and pay for all compaction tests necessary to determine that all soils, including the utility trenches, have been satisfactorily backfilled.

2.4 Permits and Fees. The Subdivider shall, at the Subdivider's expense, obtain all necessary permits and licenses for the construction and installation of the work and public improvements required hereunder and pay all required fees and taxes and give all necessary notices.

2. 5 Superintendence by the Subdivider. The Subdivider shall provide continuous superintendence to the construction and installation of the public improvements by assigning a competent foreman or superintendent, satisfactory to the Assistant City Manager/Director of Public Works or his designee, to the work site, who shall have full authority to act for the Subdivider

2. 6 Duty to Facilitate Inspections. The Subdivider shall at all times maintain proper facilities and provide safe access for inspection by the Assistant City Manager/Director of Public Works or his designee, to all parts of the work, and to the shops wherein the work is in preparation.

Article 3. The Subdivider's Liabilities

3. 1 Liability of the Subdivider. The Subdivider agrees that the use for any purpose and by any person of any or all of the work and public improvements required by this Agreement shall be at the sole and exclusive risk of the Subdivider at all times prior to final acceptance by the City of the completed public improvements thereon and therein; provided that Agreement Masters\Subdivision Improvement Agreement( Preserve)REV 15- 01281MB Page 4 of 10

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Final Acceptance of Public Improvement - TM 18693 Packet Pg. 81 acceptance by the City shall not eliminate, lessen or relieve the Subdivider of any obligations or undertakings contained in this Agreement. The issuance of any occupancy permits by the City for any structures located within said subdivision shall not be construed to constitute an acceptance or approval of any of the public improvements required hereunder.

3. 2 Liability for Nonperformance. Neither the City nor any of its officers or agents shall be liable to the Subdivider or its contractors for any error or omission arising out of, or in connection with, any work to be performed under this Agreement or the plans, profiles or specifications therefore approved by the Assistant City Manager/Director of Public Works or his designee.

3. 3 Development Impact Fees. Development Impact Fees shall be paid pursuant to and in accordance with Chino Municipal Code Chapter 3.40 and Chapter 3. 45.

3. 4 Utility Deposits. Prior to commencement of any work required by this Agreement, the Subdivider shall file with the Assistant City Manager/Director of Public Works or his designee a statement signed by the Subdivider and each public utility to the effect that the Subdivider has made all deposits legally required by such public utility for the connection of any and all public utilities required to be supplied by such public utility within the subdivision.

3. 5 Liability for Personal Injuries. The City shall not be liable to the Subdivider or to any other person, firm, or corporation whatsoever, for any injury or damage that may result to any person or property by or from any cause whatsoever, in, on or about the subdivision of the Property or connected to the construction and installation of the work and public improvements required hereunder.

3. 6 Release and Indemnification. The Subdivider hereby releases and agrees to indemnify and save the City harmless from and against any and all injuries to and deaths of persons and injuries to property, and all claims, demands, costs, loss, damage and liability, howsoever the same may be caused, and whensoever the same may appear, resulting directly or indirectly from the performance or nonperformance of any work or public improvement to the Property and upon premises adjacent thereto pursuant to this Agreement, and also from any and all injuries to, and deaths of persons, and injuries to property or other interests, and all claims, demands, costs loss, damage, and liability, howsoever same may be caused and whensoever the same may appear, either directly or indirectly made or suffered by the Subdivider, Subdivider's agents, employees, and subcontractors, while engaged in the performance of said work or public improvements. Prior to the commencement of any work or public improvement required hereunder, the Subdivider shall furnish to the City satisfactory evidence of an insurance policy, written upon a form and by a company which meets with the approval of the City, insuring the City, its officers, agents, and employees against loss or liability which may arise during the work, or which may result from any of the work herein required to be done, including all costs of defending any claim arising as a result thereof. Minimum liability and property damage insurance shall be not less than $ 500,000.00 for all damages arising out of bodily injury to or death of one person and not less than $ 1, 000, 000.00 for all damages arising out of bodily injuries to or death of more than one person in any one occurrence; and not less that $250,000.00 for all damages and/or destruction of property in any one occurrence and not less than $ 500, 000.00 for all damages and/ or destruction of property during the policy period.

Said policy shall be maintained in full force and effect during the life of this Agreement. Said policy shall state, by its terms and by an endorsement, that said policy shall not be canceled until Agreement Masters\Subdivision Improvement Agreement( Preserve)\ REV 15- 0128\ MB Page 5 of 10

8.9.b
Final Acceptance of Public Improvement - TM 18693 Packet Pg. 82 the City shall have had at least ninety (90) days prior notice in writing of such cancellation.

Article 4. Inspection of Improvements

4. 1 Inspection by Assistant City Manager/Director of Public Works. All public improvements shall be constructed under the inspection of, and subject to approval, of the Assistant City Manager/Director of Public Works or his designee. The cost of inspections shall be paid by the Subdivider, who shall submit a sufficient deposit prior to the issuance of building permits. If said deposit proves to be insufficient to complete said inspection, the Subdivider shall make additional deposits as determined by the Assistant City Manager/Director of Public Works or his designee. Failure to make any required deposit shall cause such plan inspections to be suspended and be grounds to revoke all the building permits for any construction in the subdivision, or to refuse to issue an occupancy permit for any facilities constructed on any lot within said subdivision.

4. 2 Approval by Assistant City Manager/Director of Public Works. It is mutually agreed that the Assistant City Manager/Director of Public Works or his designee shall have the authority to reject any or all of the work or public improvements required hereunder if same fails to conform to the approved plans, profiles or specifications for said public improvements or if same are not constructed or installed in a good and workmanlike manner to the satisfaction of the Assistant City Manager/Director of Public Works or his designee.

Furthermore, any damage to existing facilities, including any curbs, drainage facilities, gutters, landscaping, sewer and water mains, street or utilities, that occurs after installation, shall be repaired to the satisfaction of the Assistant City Manager/Director of Public Works or his designee by the Subdivider prior to the issuance of an occupancy permit for any structure within the subdivision and prior to the release of any security provided hereunder. 4,3 Responsibility Despite Inspections. Notwithstanding the fact that the Subdivider's plans, profiles and specifications, and construction and installation of the public improvements, and other acts are subject to the approval of the Assistant City Manager/Director of Public Works or his designee, it is understood and agreed that any approval by the Assistant City Manager/Director of Public Works or his designee shall not relieve the Subdivider of the obligation to satisfactorily perform the obligations hereunder. All construction shall be performed strictly in accordance with the approved plans, profiles and specifications, the City' s latest standard specifications and the provisions of the Chino Municipal Code to the satisfaction of the Assistant City Manager/Director of Public Works or his designee.

4.4 Occupancy Permits. No occupancy permit for any structure on any lot within the subdivision shall be issued, and no utility connection shall be made, unless and until the Subdivider has complied with all the obligations hereunder to the satisfaction of the Assistant City Manager/Director of Public Works or his designee.

4.5 Notice of Completion. The Subdivider shall record a Notice of Completion for all the work and public improvements completed within ten ( 10) days after the City' s acceptance of said improvements.

4.6 Certification of Satisfactory Completion. Upon the satisfactory completion of the improvements by the Subdivider, the Assistant City Manager/Director of Public Works or his designee, shall certify that the work of said improvements has been satisfactorily Agreement Masters\Subdivision Improvement Agreement( Preserve)\ REV 15- 0128\MB Page 6 of 10

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Final Acceptance of Public Improvement - TM 18693 Packet Pg. 83 completed.

4.7 Filing of "Record" Drawings. Upon completion of the work or public improvements, the Subdivider shall submit one mylar ( 4 mils) set of " Record" drawings to the Assistant City Manager/Director of Public Works or his designee. These drawings shall be certified as representing the actual construction and shall depict the work and public improvements as actually constructed, with all changes incorporated therein.

Article 5. Miscellaneous Provisions

5. 1 Relationship of Contractors. It is hereby mutually covenanted and agreed by the parties hereto that the Subdivider's contractors are not agents of the City and that the contractors' relations to City, if any, are those of independent contractors.

5. 2 Entire Agreement. This writing constitutes the entire agreement of the Parties and supersedes any prior written or oral agreements between them with respect to the subject matter hereof and may not be modified or amended except as set forth herein.

5. 3 Attorney' s Fees. In the event that any action at law or in equity is brought to interpret or enforce any provision of this Agreement, the prevailing party shall be entitled to reasonable attorney' s fees and court costs.

5. 4 Assignment. This Agreement shall not be assignable by the Subdivider without written consent of the City.

5. 5 Successors. Subject to the restrictions against assignment contained herein, this Agreement shall inure to the benefit of and shall be binding upon each of the parties and their respective assigns, successors in interest, person representatives, estates, heirs and legatees.

5. 6 No Waiver. No waiver of any breach or default hereunder shall be considered valid unless in writing, and no such waiver shall be deemed a waiver of any subsequent breach or default of the same or similar nature.

5. 7 Choice of Law. This Agreement shall be governed by the laws of the State of California without regard to the principles of conflict of laws.

5. 8 Invalidity. If any provisions of this Agreement shall be declared invalid, void, or unenforceable by a court of competent jurisdiction of the State of California, the remaining provisions shall continue in full force and effect.

5. 9 Counterparts. This Agreement may be executed in one or more counterparts, all of which taken together shall be deemed one original.

5. 10 Effective Date of Agreement. This Agreement shall not become effective unless and until the final map of said tract/parcel shall have been approved by the City Council of the City of Chino.

Agreement Masters\Subdivision Improvement Agreement( Preserve)\ REV 15- 0128\ MB Page 7 of 10

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Final Acceptance of Public Improvement - TM 18693 Packet Pg. 84 Agreement Masters\Subdivision Improvement Agreement( Preserve)\ REV 15- 0128\ MB Page 8 of 10

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Final Acceptance of Public Improvement - TM 18693 Packet Pg. 85 Executed at Chino, California, on L 2.3 r
2c l5 .

Approved as to Form: Approved as to Content:

Ass4. City Attorney 000f 15
ssistant City Manager
KB Ho a Coastal Inc.

By:

Signature and Date)
Name: Eck \--1t61115evi
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Title: —6f-by fc=rw.;uvei pi&nnir
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CITY OF CHINO
jilt,
Matthwpal : e, City Manager
Dated:

ATTEST:

J..

Angel-`' obles, City Clerk
Dated: 4 • .3 . $
Attachment: Exhibit 1
Agreement Masters\Subdivision Improvement Agreement( Preserve)\ REV 15- 0128\ MB Page 9 of 10

8.9.b
Final Acceptance of Public Improvement - TM 18693 Packet Pg. 86

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

State of California
County of Riverside
On 3/ 12/ 15 before me, C. Harrington, Notary Public
insert name and title of the officer)
personally appeared Robert Scott Hansen
who proved to me on the basis of satisfactory evidence to be the person( s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/ her/their authorized capacity(ies), and that by his/ her/their signature(s) on the instrument the person( s), or the entity upon behalf of which the person( s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
my
true
hand
and
and
correct.
official seal. 1
C.

Commission• 2087948
1 la t z, Notary Public- California
1 Riverside County
Signature W. Iv P , Seal){ Comm. res Oct 30 2018 1

8.9.b
Final Acceptance of Public Improvement - TM 18693 Packet Pg. 87

SUBDIVISION IMPROVEMENT AGREEMENT
EXHIBIT 1
A. Removal of undesirable, dangerous and dead plant materials and roots.

B. All onsite and offsite grading as specified on the approved grading plan.

C. Relocation of all public utility structures as necessary to properly construct the required improvements.

D. Storm drain facilities as required and shown on the approved construction plans and in accordance with City Standards.

E. Sanitary sewers constructed as shown on the approved, engineered plans and in accordance with City Standards.

F. Water mains, valves, hydrants, services, meters and appurtenances to serve each lot as shown on the approved construction plans and in accordance with City Standards.

G. Underground installation of all electrical, telephone, cable television and any other energy or communication lines that abut or are within the project site.

H. A street lighting system ( City- owned) in accordance with City Standards.

Disposal of all rocks and debris located within any public right-of-way within said development or on the boundary streets thereof.

J. Installation of concrete curbs, gutters, sidewalks, cross gutters, driveways and intersections as shown on approved construction plans and in accordance with City Standards.

K. Installation of asphalt concrete or Portland Cement Concrete street pavement on base material as shown on approved construction plans and in accordance with City Standards.

L. Street signs at intersections per the City Standards.

M. Installation of approved landscaping ( plants and materials).

N. Setting monuments as required by the State Code.

The Subdivider shall also perform all work and furnish all materials necessary, in the opinion of the Assistant City Manager/Director of Public Works or his designee and on his order, to complete the improvements in accordance with the plans and specifications on file as hereinbefore specified, or any changes required or ordered by said Engineer which, in his opinion, are necessary or required to complete this work.

Agreement Masters\Subdivision Improvement Agreement( Preserve)\ REV 15- 0128\ MB Page 10 of 10

8.9.b
Final Acceptance of Public Improvement - TM 18693 Packet Pg. 88 EXECUTED IN TRIPLICATE***
Bond No.: 1037570
Contract No.: '/, 5 —
Approved: ti/ 2/ / to/5 d 7

FAITHFUL PERFORMANCE BOND
WHEREAS, the City Council of the City of Chino, State of California, hereinafter designated as " CITY" and KB Home Coastal, Inc., hereinafter designated as " PRINCIPAL," have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement, dated and identified as Project No. TM 18693, is hereby referred to and made a part hereof; and
WHEREAS, said Principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement.

NOW, THEREFORE, we, the Principal and The Hanover Insurance Company as
surety, are held and firmly bound unto the City of Chino in the penal sum of Two Million Five Hundred Forty-Eight Thousand Two Hundred and No/ 100 Dollars ($ 2, 548,200. 00) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors, and administrators, jointly and severally, firmly by these presents.

The condition of this obligation is such that if the above-bound Principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and provisions in said agreement and any alteration thereof made as therein provided, on his or its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless City, its officers, agents, and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

As part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees including reasonable attorneys' fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.

The surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the agreement or to the work or to the specifications.

IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety above named, on March 10, 2015
KB Home Coastal, Inc. e Ha • ver Insurance Company
PRINCIPAL w SURETY
By: By: I
I
i
rc U t lr' q
o Attorney- in- act
Nl
Se`s* 4 t3t. 1 SIGNATURES MUST BE NOTARIZED
Approved as to Form:

A} cs't•City Attorney D¢/ o8
Document No. 16353( PWFORMSIBONDS-faithful performancekev. 05/2012) Page 1 of 1

8.9.b
Final Acceptance of Public Improvement - TM 18693 Packet Pg. 89

State of California
County of Riverside
On 3/ 12/ 15 before me, C. Harrington, Notary Public
insert name and title of the officer)
personally appeared Robert Scott Hansen
who proved to me on the basis of satisfactory evidence to be the person( s) whose name(s) is/ are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/ her/their authorized capacity(ies), and that by his/her/their signature( s) on the instrument the person( s), or the entity upon behalf of which the person( s) acted, executed the instrument.

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

C. HARRINGTON
WITNESS my hand and official seal. Commission# 2087948
z` Notary Public- California
1,.r% Riverside County
I
i Comm. Exeires Oct 30, 2018
Signature t' ' Seal)

8.9.b
Final Acceptance of Public Improvement - TM 18693 Packet Pg. 90 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of Los Angeles
On
MAR 10 2015
before me, Kari Davis, Notary Public, personally
appeared Brenda Wong who proved to me on the basis of satisfactory evidence to be the person(s) whose name( s) is/ atesubscribed to the within instrument and acknowledged to me that 14e/ she/ they executed the same in Isis/ her/ their authorized capacity{ies}, and that by la-is/ her/ their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.
seal) Signature
Kari Davis, Notary Public
raf,;6767** 4""" b-,,,

KART DAVIS
v ° Commission # 2042909
Notary Public - California Z Los Angeles County
y
1_ _ My Comm. Expires Seg 2_6,20_14

8.9.b
Final Acceptance of Public Improvement - TM 18693 Packet Pg. 91 y

THE HANOVER INSURANCE COMPANY

MASSACHUSETTS BAY INSURANCE COMPANY

CITIZENS INSURANCE COMPANY OF AMERICA

POWERS OF ATTORNEY

CERTIFIED COPY
KNOW ALL MEN BY THESE PRESENTS: That THE HANOVER INSURANCE COMPANY and MASSACHUSETTS BAY INSURANCE COMPANY, both being corporations organized and existing under the laws of the State of New Hampshire, and CITIZENS INSURANCE COMPANY OF AMERICA, a corporation organized and existing under the laws of the State of Michigan, do hereby constitute and appoint Jeffrey Strassner, Tenzer V. Cunningham, Natalie K. Trofimoff, Patricia Talavera Brenda Wong and/or Kari A. Davis
of Los Angeles, CA and each is a true and lawful Attorney(s)- in- fact to sign, execute, seal, acknowledge and deliver for, and on its behalf, and as its act and deed any place within the United States, or, if the following line be filled in, only within the area therein designated any and all bonds, recognizances, undertakings, contracts of indemnity or other writings obligatory in the nature thereof, as follows:

Any such obligations in the United States—in any amount and said companies hereby ratify and confirm all and whatsoever said Attorney(s)- in- fact may lawfully do in the premises by virtue of these presents.

These appointments are made under and by authority of the following Resolution passed by the Board of Directors of said Companies which resolutions are still in effect:

RESOLVED, That the President or any Vice President, in conjunction with any Vice President, be and they are hereby authorized and empowered to appoint Attorneys- in- fact of the Company, in its name and as its acts, to execute and acknowledge for and on its behalf as Surety any and all bonds, recognizances, contracts of indemnity, waivers of citation and all other writings obligatory in the nature thereof, with power to attach thereto the seal of the Company. Any such writings so executed by such Attorneys-in- fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company in their own proper persons"( Adopted October 7, 1981 - The Hanover Insurance Company; Adopted April 14, 1982- Massachusetts Bay Insurance Company; Adopted September 7, 2001- Citizens Insurance Company of America) IN WITNESS WHEREOF, THE HANOVER INSURANCE COMPANY, MASSACHUSETTS BAY INSURANCE COMPANY and CITIZENS INSURANCE COMPANY OF AMERICA have caused these presents to be sealed with their respective corporate seals, duly attested by two Vice Presidents, this 1st day of November 2013,

THE HANOVER INSURANCE COMPANY

MASSACHUSETTS BAY INSURANCE COMPANY

CITIZENS INSURANCE QMPANY OF AMERICA
rSTc
1= a i 5 1074 Robert Thomas, Vice President
1 i
THE COMMONWEALTH OF MASSACHUSETTS ) vlar. ° tzyr*_ .,. Vice P17171.

COUNTY OF WORCESTER ss.

On this 1st day of November 2013 before me came the above named Vice Presidents of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, to me personally known to be the individuals and officers described herein, and acknowledged that the seals affixed to the preceding instrument are the corporate seals of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, respectively, and that the said corporate seals and their signatures as officers were duly affixed and subscribed to said instrument by the authority and direction of said Corporations. w• BARBARA A. GARLICK
r r.
p € Nx! ary Public
L) '.;/ ccmrrwn. earn xi uascsSssens
At; 7x' r•.s5 or, Ecris Se('. 21, 2^ 1B
Barbara A. Garlick, Notary Public
My Commission Expires September 21, 2018
I, the undersigned Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company ofAmerica, hereby certify that the above and foregoing is a full, true and correct copy of the Original Power of Attorney issued by said Companies, and do hereby further certify that the said Powers of Attorney are still in force and effect.

This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America.

RESOLVED, That any and all Powers of Attorney and Certified Copies of such Powers of Attorney and certification in respect thereto, granted and executed by the President or any Vice President in conjunction with any Vice President of the Company, shall be binding on the Company to the same extent as if all signatures therein were manually affixed, even though one or more of any such signatures thereon may be facsimile." ( Adopted October 7, 1981 - The Hanover Insurance Company,Adopted April 14, 1982- Massachusetts Bay Insurance Company; Adopted September 7, 2001- Citizens Insurance Company of America) MAR 10 2015 GIVEN under my hand and the seals of said Companies, at Worcester, Massachusetts, this day of 20 .

THE HANOVER INSURANCE COMPANY

MASSACHUSETTS BAY INSURANCE COMPANY

CITIZENS INSURANCE COMPANY OF AMERICA
gIenn Margosian Vice President

8.9.b
Final Acceptance of Public Improvement - TM 18693 Packet Pg. 92 Ave
EXECUTED IN TRIPLICATE***
Bond No.: 1037570
Contract No.:

Approved: 41/ 1.// yo,r
7 LABOR AND MATERIAL BOND
WHEREAS, the City Council of the City of Chino, State of California, hereinafter designated as " CITY" and KB Home Coastal, Inc., hereinafter designated as "PRINCIPAL," have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement, dated and identified as Project No. TM 18693, is hereby referred to and made a part hereof; and
WHEREAS, under the terms of said agreement, Principal is required, before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Chino to secure the claims to which reference is made in Title 15 ( commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California.

NOW, THEREFORE, said Principal and the undersigned, as corporate surety, are held and firmly bound unto the City of Chino, and all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Code of Civil Procedure in the sum of One Million Two Hundred Seventy-Four Thousand One Hundred and No/ 100 Dollars ($ 1, 274, 100.00) for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.

It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 15 ( commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.

Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect.

The surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreement or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition.

IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety above named, on March 10, 2015
KB Home Coastal, Inc. ano - r Insurance Company

PRINCIPAL SURETY
By: 11414% a //
e for rDrwG.z1 n. fr ong, Attorney-in- act

SIGNATURE(S) MUST BE NOTARIZED
Approved as to Form:

4.664.• City Attorney woop i>Is
Document No. 16354( PWFORMSIBONDS- L& M\ rev. 0512012) Page 1 of 1

8.9.b
Final Acceptance of Public Improvement - TM 18693 Packet Pg. 93

State of California
County of Riverside
On 3/ 12/ 15 before me, C. Harrington, Notary Public
insert name and title of the officer)
personally appeared Robert Scott Hansen
who proved to me on the basis of satisfactory evidence to be the person( s) whose name(s) is/ are subscribed to the within instrument and acknowledged to me that he/ she/they executed the same in his/ her/their authorized capacity(ies), and that by his/ her/their signature( s) on the instrument the person( s), or the entity upon behalf of which the person( s) acted, executed the instrument.

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

C. HARRINGTON
WITNESS my hand and official seal.
r' Commission• 2087948_,
z
4 • :' Notary Public- California
V, rf Riverside County
ih i7 Comm, ma Oct 30 2018
Signature 1' r• Seal)

8.9.b
Final Acceptance of Public Improvement - TM 18693 Packet Pg. 94 w
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of Los Angeles
On
MAR 10 215 before me, Kari Davis, Notary Public, personally appeared Brenda Wong who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/ a-re-subscribed to the within instrument and acknowledged to me that 14e/ she/ they executed the same in la-is/ her/ their authorized capacity(ies), and that by 11+ s/ her/ their signature(s) on the instrument the person(s), or the entity upon behalf of which the person( s) acted, executed the instrument.

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

WITNESS my hand and official seal.
seal) Signature Cad,
Kari Davis, Notary Public

KARI DAVIS
Commission # 2042909
zi'p ,,-. Notary Public- California
Z '_. Los Angeles County
My Comm. Ores Sep 26, 2017

8.9.b
Final Acceptance of Public Improvement - TM 18693 Packet Pg. 95

THE HANOVER INSURANCE COMPANY

MASSACHUSETTS BAY INSURANCE COMPANY

CITIZENS INSURANCE COMPANY OF AMERICA

POWERS OF ATTORNEY

CERTIFIED COPY
KNOW ALL MEN BY THESE PRESENTS: That THE HANOVER INSURANCE COMPANY and MASSACHUSETTS BAY INSURANCE COMPANY, both being corporations organized and existing under the laws of the State of New Hampshire, and CITIZENS INSURANCE COMPANY OF AMERICA, a corporation organized and existing under the laws of the State of Michigan, do hereby constitute and appoint Jeffrey Strassner, Tenzer V. Cunningham, Natalie K. Trofimoff, Patricia Talavera Brenda Wong and/ or Kari A. Davis
of Los Angeles, CA and each is a true and lawful Attorney(s)- in- fact to sign, execute, seal, acknowledge and deliver for, and on its behalf, and as its act and deed any place within the United States, or, if the following line be filled in, only within the area therein designated any and all bonds, recognizances, undertakings, contracts of indemnity or other writings obligatory in the nature thereof, as follows:

Any such obligations in the United States—in any amount and said companies hereby ratify and confirm all and whatsoever said Attorney( s)- in- fact may lawfully do in the premises by virtue of these presents.

These appointments are made under and by authority of the following Resolution passed by the Board of Directors of said Companies which resolutions are still in effect:

RESOLVED, That the President or any Vice President, in conjunction with any Vice President, be and they are hereby authorized and empowered to appoint Attorneys- in-fact of the Company, in its name and as its acts, to execute and acknowledge for and on its behalf as Surety any and all bonds, recognizances, contracts of indemnity, waivers of citation and all other writings obligatory in the nature thereof, with power to attach thereto the seal of the Company Any such writings so executed by such Attorneys-in- fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company in their own proper persons"( Adopted October 7, 1981 - The Hanover Insurance Company; Adopted April 14, 1982- Massachusetts Bay Insurance Company; Adopted September 7, 2001 - Citizens Insurance Company of America) IN WITNESS WHEREOF, THE HANOVER INSURANCE COMPANY, MASSACHUSETTS BAY INSURANCE COMPANY and CITIZENS INSURANCE COMPANY OF AMERICA have caused these presents to be sealed with their respective corporate seals, duly attested by two Vice Presidents, this 1st day of November 2013.

THE HANOVER INSURANCE COMPANY

MASSACHUSETTS BAY INSURANCE COMPANY

CITIZENS INSURANCE COMPANY OF AMERICA
isn
y z
IrcefLowii41 I.G 7'/%
Robert Thomas, Vice President
THE COMMONWEALTH OF MASSACHUSETTS ) Aar. ° tz: r
Vice P''
COUNTY OF WORCESTER ss.

On this 1st day of November 2013 before me came the above named Vice Presidents of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, to me personally known to be the individuals and officers described herein, and acknowledged that the seals affixed to the preceding instrument are the corporate seals of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, respectively, and that the said corporate seals and their signatures as officers were duly affixed and subscribed to said instrument by the authority and direction of said Corporations. w• BARBARA A. GARLICK
x t
Public
c ,
cnnw
Nc€
a" h
ary
of Ua55Y5u et
lrrCre.iiMEora StC 21. 2^. 19
Barbara A. Garlick, Notary Public
My Commission Expires September 21, 2018
I, the undersigned Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, hereby certify that the above and foregoing is a full, true and correct copy of the Original Power of Attorney issued by said Companies, and do hereby further certify that the said Powers of Attorney are still in force and effect.

RESOLVED, That any and all Powers of Attorney and Certified Copies of such Powers of Attorney and certification in respect thereto, granted and executed by the President or any Vice Pres!dent in conjunction with any Vice President of the Company, shall be binding on the Company to the same extent as if all signatures therein were manually affixed, even though one or more of any such signatures thereon may be facsimile." ( Adopted October 7, 1981 - The Hanover Insurance Company,Adopted April 14, 1982- Massachusetts Bay Insurance Company; Adopted September 7, 2001- Citizens Insurance Company of America) GIVEN under my hand and the seals of said Companies, at Worcester, Massachusetts, 1 ( this d144 1 U U15

THE HANOVER INSURANCE COMPANY

MASSACHUSETTS BAY INSURANCE COMPANY

CITIZENS INSURANCE COMPANY OF AMERICA
Tenn Margosian, Vice President

8.9.b
Final Acceptance of Public Improvement - TM 18693 Packet Pg. 96 EXECUTED IN TRIPLICATE***
Bond No.: 1037570- M
Contract No.: 00/6 z6,
Approved: 41/ i I/- to/ 5 7

WARRANTY BOND
WHEREAS, the City Council of the City of Chino, State of California, hereinafter designated as CITY" and KB Home Coastal, Inc., hereinafter designated as " PRINCIPAL," have entered into an agreement whereby Principal has agreed to warrant and guarantee the installation, completion, and maintenance of certain designated public improvements, which said agreement, dated and identified as Project No. TM 18693, is hereby referred to and made a part hereof; and WHEREAS, said Principal is required under the terms of said agreement to furnish a bond for the warranty of said improvements.

NOW, THEREFORE, we, the Principal, and The Hanover Insurance Company as
surety, are held and firmly bound unto the City of Chino in the penal sum of Two Hundred Fifty-Four Thousand Eight Hundred and No/ 100 Dollars ($ 254.800.00) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors, and administrators, jointly and severally, firmly by these presents.

The condition of this obligation is such that if the above bound Principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and provisions in said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed thereof made as therein provided, on his or its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless City, its officers, agents, and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

As a part of the obligation secured hereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees including reasonable attorneys' fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.

IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety above named, on
March 10, 2015
K: Home Coastal, Inc. The a over Insurance Company

PRINCIPAL
I
URETY•
By: y Wl da Wong, Attorney-in-; act
r1fkl3e! tr{ , Y' f Ufw(rzf

SIGNATURES) MUST BE NOTARIZED
Approved as to Form:
sss+* City Attorney , 04/ be 15
Document No. 19808( PWFORMS\BONDS-Warranty\ rev. 05/ 2012) Page 1 of 1

8.9.b
Final Acceptance of Public Improvement - TM 18693 Packet Pg. 97

State of California
County of Riverside
On 3/ 12/ 15 before me, C. Harrington, Notary Public
insert name and title of the officer)
personally appeared Robert Scott Hansen
who proved to me on the basis of satisfactory evidence to be the person( s) whose name(s) is/ are subscribed to the within instrument and acknowledged to me that he/ she/they executed the same in his/her/their authorized capacity(ies), and that by his/ her/their signature( s) on the instrument the person( s), or the entity upon behalf of which the person( s) acted, executed the instrument.

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

C. HARRINGTON
WITNESS my hand and official seal. Commission 2087948
ps Notary Public- California
z ., -)'`' Riverside County
ft1 M Comm. Ex MS Oct 30 2018
Signature Seal)

8.9.b
Final Acceptance of Public Improvement - TM 18693 Packet Pg. 98 A,..

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of Los Angeles
On MAR 10 2015 before me, Kari Davis, Notary Public, personally appeared Brenda Wong who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/ atesubscribed to the within instrument and acknowledged to me that #e/ she/ they executed the same in 11-+s/ her/ their authorized capacity{ies), and that by Ii-is/ her/ their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.
seal) Signature C
Kari Da is, Notary Public

KARI DAVIS
T ;• Commission # 2042909
z; gym . .' Notary Public- California z
z
T9'.
1,'""
f' . D
Los Angeles County
j_ _ _ _ My Comm. Expires Sep 2_620_14C

8.9.b
Final Acceptance of Public Improvement - TM 18693 Packet Pg. 99

I THE HANOVER INSURANCE COMPANY

MASSACHUSETTS BAY INSURANCE COMPANY

CITIZENS INSURANCE COMPANY OF AMERICA

POWERS OF ATTORNEY

CERTIFIED COPY
KNOW ALL MEN BY THESE PRESENTS: That THE HANOVER INSURANCE COMPANY and MASSACHUSETTS BAY INSURANCE COMPANY, both being corporations organized and existing under the laws of the State of New Hampshire, and CITIZENS INSURANCE COMPANY OF AMERICA, a corporation organized and existing under the laws of the State of Michigan, do hereby constitute and appoint Jeffrey Strassner, Tenzer V. Cunningham, Natalie K. Trofimoff, Patricia Talavera Brenda Wong and/or Kari A. Davis
of Los Angeles, CA and each is a true and lawful Attorney( s)- in- fact to sign, execute, seal, acknowledge and deliver for, and on its behalf, and as its act and deed any place within the United States, or, if the following line be filled in, only within the area therein designated any and all bonds, recognizances, undertakings, contracts of indemnity or other writings obligatory in the nature thereof, as follows:

These appointments are made under and by authority of the following Resolution passed by the Board of Directors of said Companies which resolutions are still in effect:

RESOLVED, That the President or any Vice President, in conjunction with any Vice President, be and they are hereby authorized and empowered to appoint Attorneys- in- fact of the Company, in its name and as its acts, to execute and acknowledge for and on its behalf as Surety any and all bonds, recognizances, contracts of indemnity, waivers of citation and all other writings obligatory in the nature thereof, with power to attach thereto the seal of the Company Any such writings so executed by such Attorneys- in- fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company in their own proper persons"( Adopted October 7, 1981 - The Hanover Insurance Company; Adopted April 14, 1982- Massachusetts Bay Insurance Company; Adopted September 7, 2001- Citizens Insurance Company of America) IN WITNESS WHEREOF, THE HANOVER INSURANCE COMPANY, MASSACHUSETTS BAY INSURANCE COMPANY and CITIZENS INSURANCE COMPANY OF AMERICA have caused these presents to be sealed with their respective corporate seals, duly attested by two Vice Presidents, this 1st day of November 2013.

THE HANOVER INSURANCE COMPANY

MASSACHUSETTS BAY INSURANCE COMPANY

CITIZENS INSURANCEECOMPANY OF AMERICA
yj
tt I: 1 . t f or4 Robert Thomas, Vice President
Ail ,,,,,
s' J

THE COMMONWEALTH OF MASSACHUSETTS )
Aar. ° try _ .,. Vice Pte"!
COUNTY OF WORCESTER ss.

BARBARA A. GAR LGK
Cmmoi,
eeary
of
P4luabslsc
xJwsetls
At. Gn•eSMEot7s Se( ? 1, 2^ t8
4--

7. 7 l 4 _. (... 4 ,) _,/__ 2,2_,/ z:_,!;
L: 16-
Barbara A. Garlick, Notary Public
My Commission Expires September 21, 2018
I, the undersigned Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, hereby certify that the above and foregoing is a full, true and correct copy of the Original Power of Attorney issued by said Companies, and do hereby further certify that the said Powers of Attorney are still in force and effect.

RESOLVED, That any and all Powers of Attorney and Certified Copies of such Powers of Attorney and certification in respect thereto, granted and executed by the President or any Vice President in conjunction with any Vice President of the Company, shall be binding on the Company to the same extent as if all signatures therein were manually affixed, even though one or more of any such signatures thereon may be facsimile." ( Adopted October 7, 1981 - The Hanover Insurance Company; Adopted April 14, 1982- Massachusetts Bay Insurance Company; Adopted September 7, 2001- Citizens Insurance Company of America) MAR 10 2015 GIVEN under my hand and the seals of said Companies, at Worcester, Massachusetts, this day of 20 .

THE HANOVER INSURANCE COMPANY

MASSACHUSETTS BAY INSURANCE COMPANY

CITIZENS INSURANCE COMPANY OF AMERICA
I//-,
44 1
1, t.fiCS/ uti...

Tenn Margosian, Vice President

8.9.b
Final Acceptance of Public Improvement - TM 18693 Packet Pg. 100 1 MEMORANDUM

CITY OF CHINO

PUBLIC WORKS DEPARTMENT
COUNCIL MEETING DATE: APRIL 21, 2015
TO: MATTHEW C. BALLANTYNE, CITY MANAGER
FROM: JOSE ALIRE, ASSISTANT CITY MANAGER/PUBLIC WORKS. 1_ SUBJECT: FINAL TRACT MAP NO. 18693 (KB HOME COASTAL INC.)

RECOMMENDATION
1) Approve Final Tract Map No. 18693; 2) approve the Subdivision Improvement Agreement and securities as executed by KB Home Coastal Inc.; and 3) authorize the City Manager to execute the necessary documents on behalf of the City.

FISCAL IMPACT
There is no fiscal impact to the City.

City Clerk: Approved [ ] Denied [ ] Continued [ ] Tabled [ ] AYES: DY [ ] TH [ ] GD [ ] EE [ ] EU [ ]
NOES: DY [ ] TH [ ] GD [ ] EE [ ] EU [ ]
ABSENT: DY [ ] TH [ ] GD [ ] EE [ ] EU [ ]
ABSTAIN: DY [ ] TH [ ] GD [ ] EE [ ] EU [ ]
Revenue: Expenditure:

Transfer In: Transfer Out:

8.9.b
Final Acceptance of Public Improvement - TM 18693 Packet Pg. 101 COUNCIL MEETING DATE: APRIL 21, 2015
SUBJECT: FINAL TRACT MAP NO. 18693 (KB HOME COASTAL INC.) PAGE 2

BACKGROUND
Tract Map No. 18693, as presented by KB Home Coastal Inc. ( subdivider), consists of 114 single-family condominium units on approximately 9.93 acres generally located at the southeast corner of East Preserve Loop and Forest Park Street ( Exhibit A). Tract Map No. 18693 was tentatively and conditionally approved by the City of Chino Planning Commission on January 5, 2009.

ISSUES/ANALYSIS
The requirements made at the time of the tentative map approval have been satisfied by KB Home by the execution of the Subdivision Improvement Agreement and by posting the necessary securities to guarantee the construction of public improvements.

The City Attorney has reviewed and approved the Subdivision Improvement Agreement and respective securities.

JA/MB/ Im
Attachment: Exhibit A

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M E M O R A N D U M

CITY OF CHINO

DEVELOPMENT SERVICES DEPARTMENT
COUNCIL MEETING DATE: NOVEMBER 15, 2022
TO: LINDA REICH, CITY MANAGER
FROM: NICHOLAS S. LIGUORI, AICP, DEVELOPMENT SERVICES DIRECTOR SUBJECT: KB HOME COASTAL, INC. - FINAL TRACT MAP NO. 20369 & SUBDIVISION IMPROVEMENT AGREEMENT.

RECOMMENDATION
1) Approve Tract Map No. 20369; 2) approve the Subdivision Improvement Agreement and securities with KB Home Coastal, Inc.; 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:

8.10 CONSENT CALENDAR Packet Pg. 104
COUNCIL MEETING DATE: NOVEMBER 15, 2022
SUBJECT: KB HOME COASTAL, INC. - FINAL TRACT MAP NO. 20369 & SUBDIVISION

IMPROVEMENT AGREEMENT
PAGE 2

BACKGROUND
On March 21, 2022, the City of Chino Planning Commission conditionally approved PL20-0053 (MSA) and PL20-0054 (MSA), a request for a “B” level Master Site Approval (MSA) and a “B” level Tentative Tract Map (TTM) consisting of the subdivision of 20.32 adjusted gross acres of land into eight (8) numbered lots for condominium purposes and 22 lettered lots for future development of 197 residential units in the Medium Density Residential land use designation of The Preserve Specific Plan, located at the northeast corner of Pine Avenue and East Preserve Loop Street (Exhibit A).

As part of the Engineering Conditions of Approval, the developer is required to design and construct certain public improvements including, but not limited to, curb and gutter, sidewalk, pavement, street lights, parkway landscaping, signing and striping, sewer, storm drain, and domestic water.

The required public improvements necessitate the execution of a subdivision improvement agreement and the posting of securities to ensure the timely delivery of said public improvements, which upon completion and City acceptance, will support the City’s efforts to ensure responsible long-range planning.

ISSUES/ANALYSIS
The requirements made at the time of tentative map approval have been met by the execution of the Subdivision Improvement Agreement and by posting the necessary securities to guarantee the construction of public improvements. The City Attorney has reviewed and approved the Subdivision Improvement Agreement and respective securities (Exhibit B).

Therefore, it is staff’s recommendation to the City Council to approve Tract Map No. 20369 and the Subdivision Improvement Agreement and correlating securities.

Attachments: Exhibit A - Location Map TM 20369 - “B” Map Exhibit B - Subdivision Improvement Agreement

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M E M O R A N D U M

CITY OF CHINO

PUBLIC WORKS DEPARTMENT
COUNCIL MEETING DATE: NOVEMBER 15, 2022
TO: LINDA REICH, CITY MANAGER
FROM: AMER JAKHER, PUBLIC WORKS DIRECTOR
SUBJECT: NOTICE OF COMPLETION - MS181 FY2021-22 LOCAL STREET OVERLAY (16, 17, 18, AT TRONKEEL).

RECOMMENDATION
1) Accept the FY 2021-22 Local Street Overlay Project 16th, 17th and 18th Streets between Tronkeel Avenue to Serene Avenue and Serene Avenue from Benson Avenue to east of 18th Street (MS181), PALP dba Excel Paving, Long Beach, CA., Contract No. 2022-259, as complete; 2) release the retention funds following the 35-day lien period; and 3) authorize the Director of Public Works to file the Notice of Completion.

FISCAL IMPACT
The project was completed within the Council approved MS181 project budget.

CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES:

8.11 CONSENT CALENDAR Packet Pg. 161
COUNCIL MEETING DATE: NOVEMBER 15, 2022
SUBJECT: NOTICE OF COMPLETION - MS181 FY2021-22 LOCAL STREET OVERLAY (16, 17, 18, AT TRONKEEL)
PAGE 2

BACKGROUND
On February 15, 2022, City Council awarded a construction contract to PALP Inc. dba Excel Paving Company, Long Beach, CA, in the amount of $1,190,605 for the MS181 FY 2021-22 Local Street Overlay Project 16th, 17th and 18th Streets between Tronkeel Avenue to Serene Avenue and Serene Avenue from Benson Avenue to east of 18th Street. Additionally, the City Council authorized expenditures of up to $119,061 for project contingencies, bringing the total construction contract to a not-to-exceed amount of $1,309,666.

All improvements within the project scope have been successfully constructed. The proposed work included reconstruction of the entire street section on 18th Street, mill and overlay on 16th and 17th Streets between Serene Avenue and Tronkeel Avenue, pedestrian accessibility improvements including sidewalks and curb ramps, on 16th, 17th, and 18th Streets, between Tronkeel Avenue and Serene Avenue, curb ramps on Tronkeel Avenue between Benson Avenue and 18th Street, and signage and striping improvements.

ISSUES/ANALYSIS
All work has been completed per the terms of the approved contract and successive approved change orders. During construction, the design along 18th Street was modified to eliminate rolled curb at the request of the residents. Some residents also declined replacement of their drive approaches and those approaches were omitted from the scope of the work. The City can reconstruct the drive approaches if residents request them in the future.

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

Original Construction Contract Amount $1,190,605.00
Contract Change Orders No. 1 - No. 3 $41,104.32
Final Construction Contract Amount $1,231,709.32
Construction and Contingency Balance $212,706.68
PALP Inc. dba Excel Paving Company, Long Beach, CA, has complied with the terms of the contract. A Notice of Completion has been prepared for filing with the San Bernardino County Recorder's Office. The retention funds will be released following the 35-day lien period.

Attachment: Notice of Completion - Project No. MS181

8.11 CONSENT CALENDAR Packet Pg. 162

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

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

NOTICE OF COMPLETION

CITY OF CHINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA Notice is hereby given that:

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

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

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

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

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

Names Addresses

N/A N/A

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

Names Addresses

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

7. A work of improvement on the property hereinafter described was completed on November 15, 2022

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

PALP, INC.
(If no contractor for work of improvement as a whole, insert “none”)

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

Local Street Overlay – Tronkeel – 16th, 17th, 18th. (MS181)

10. The street address of said property is None
(If no street address has been officially assigned, insert “none”) SIGNATURE OF OWNER NAMED IN PARAGRAPH 2: DATE:

Amer Jakher, Director of Public Works

CERTIFICATION FOR NOTICE OF COMPLETION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO )ss

CITY OF CHINO )
I HEREBY CERTIFY that I am the Assistant City Manager for the City of Chino. I have read the foregoing Notice of Completion and know the contents thereof; and I certify that the same is true of my own knowledge.

I declare under penalty of perjury, that the foregoing is true and correct. Executed on , at City of Chino, California Amer Jakher
Director of Public Works

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M E M O R A N D U M

CITY OF CHINO

DEVELOPMENT SERVICES DEPARTMENT
COUNCIL MEETING DATE: NOVEMBER 15, 2022
TO: LINDA REICH, CITY MANAGER
FROM: NICHOLAS S. LIGUORI, AICP, DEVELOPMENT SERVICES DIRECTOR SUBJECT: AWARD PROFESSIONAL SERVICES AGREEMENT FOR ADA SELFEVALUATION AND TRANSITION PLAN.

RECOMMENDATION
1) Appropriate $94,406.20 from the unappropriated reserves of the General Fund; 2) award a Professional Services Agreement to Bureau Veritas Technical Assessments, LLC, Irvine, CA for a Citywide self-evaluation and development of an ADA transition plan in the amount of $538,551.20 and authorize an additional $53,855.00 for project contingencies for a total contract not to exceed $592,406.20; 3) authorize $2,000 for other project support services; and 4) authorize the City Manager to execute the necessary documents on behalf of the City, and approve up to two (2), one-year contract extensions.

FISCAL IMPACT
Requires an additional appropriation in the amount off $94,406.20 from the unappropriated reserves of the General Fund. Sufficient funds are available for this appropriation.

CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES:

9.12 NEW BUSINESS Packet Pg. 164
COUNCIL MEETING DATE: NOVEMBER 15, 2022
SUBJECT: AWARD PROFESSIONAL SERVICES AGREEMENT FOR ADA SELFEVALUATION AND TRANSITION PLAN PAGE 2

BACKGROUND
On July 26, 1990, Congress enacted the Americans with Disabilities Act (ADA) Public Law 101- 336 (42 U.S.C. Sec. 12101 et seq.) which broadly protects the rights of individuals with disabilities in employment, access to state and local government services, places of public accommodation, transportation, and other areas of public life. Title II of the ADA relates to nondiscrimination on the basis of disability in state and local government, providing that no qualified person with a disability be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity. Implementing regulations for Title II were issued on July 26, 1991 and became effective on January 26, 1992.

The ADA requires state and local governments to ensure access to civic life for all individuals, not only regarding physical accessibility, but also in the delivery of government programs, services, activities, and employment. The law requires public entities to conduct a selfevaluation of all programs, services and facilities, and jurisdictions with more than 50 employees are required to establish an ADA transition plan addressing structural or programmatic barriers.

The City developed an initial transition plan subsequent to the passage of the ADA, as well as completed a more comprehensive survey of City-owned public buildings and parks in 2017. In order to meet the statutory requirements, the City released a Request for Proposals (RFP) seeking a qualified firm to provide a comprehensive Citywide evaluation of accessibility compliance for City parks and buildings, public right-of-way facilities, City policies and practices, and an updated ADA transition plan. A total of $500,000 was budgeted in the Development Services ADA Accessibility Fund for Fiscal Year 2022-23 for this project.

The City’s responsibility to create accessible pedestrian facilities creates a positive City image by providing programs and services that are accessible for everyone. By developing an ADA transition plan that will serve as a roadmap for future capital improvement projects and assure ongoing federal funding for active transportation projects, the City ensures financial stability and responsible long-range planning.

ISSUES/ANALYSIS
On September 12, 2022, the City formally released an RFP, which was published through Planet Bids for a Citywide ADA Self-Evaluation and Transition Plan. On or before the October 10, 2022 submittal deadline, the City received only one proposal in response to the RFP, which was from Bureau Veritas Technical Assessments, LLC (BVTA).

BVTA has extensive experience in providing comprehensive citywide ADA surveys and evaluations, as well as the development of ADA transition plans. They have provided similar services to a variety of other jurisdictions and public agencies with a timely delivery of services.

BVTA possesses the necessary background and qualifications the City is seeking for this project.

Consistent with the State of California Government Code Section 4526 and the City’s Purchasing Ordinance, Chapter 3.32 of the Chino Municipal Code, BVTA was evaluated based on competence and professional qualifications; thus, BVTA is deemed a responsive and responsible proposer.

Therefore, it is staff’s recommendation that the City Council award a contract to Bureau Veritas Technical Assessments, LLC in the amount of $538,551.20 and authorize an additional

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SUBJECT: AWARD PROFESSIONAL SERVICES AGREEMENT FOR ADA SELFEVALUATION AND TRANSITION PLAN PAGE 3
$53,855.00 for project contingencies for a total contract not to exceed $592,406.20 for a Citywide self-evaluation and ADA transition plan. The consultant will begin work in January 2023, and the project is expected to take six months to complete. Lastly, the term of the contract is for twelve months (ending January 3, 2024) with the option to extend for up to two (2) additional one-year periods.

Attachment: Professional Services Agreement

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Contract No.:

Approved:
1 01225.0001/458446.1

AGREEMENT FOR SERVICES

BETWEEN THE CITY OF CHINO AND

BUREAU VERITAS TECHNICAL ASSESSMENTS LLC
(City-Wide ADA Self-Evaluation and Transition Plan)
THIS AGREEMENT FOR SERVICES (herein “Agreement”) is made and entered into this 3rd day of January 2023 (“Effective Date”) by and between the City of Chino, a California municipal corporation (“City”) and Bureau Veritas (“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 mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows:

ARTICLE 1. SERVICES OF CONSULTANT

1.1 Scope of Services.

In compliance with all terms and conditions 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 described herein. Consultant covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be both of good quality as well as fit for the purpose intended. For purposes of this Agreement, the phrase “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 included in Consultant’s proposal, which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern.

1.3 Compliance with Law.

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

1.4 California Labor Law.

If the Scope of Services includes any “public work” or “maintenance work,” as those terms are defined in California Labor Code section 1720 et seq. and California Code of Regulations, Title 8, 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 applicable 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 subject to the requirements of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works contracts and the rules and regulations established by the Department of Industrial Relations (“DIR”) implementing such statutes. The work performed under this Agreement is subject to compliance monitoring and enforcement by the DIR. Contractor shall post job site notices, as prescribed by regulation.
(b) Prevailing Wages. Contractor shall pay prevailing wages to the extent required by Labor Code Section 1771. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages are on file at City Hall and will be made available to any interested party on request. By initiating any work under this Agreement, Contractor acknowledges receipt of a copy of the 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 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 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 Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Contractor shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Contractor shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within sixty (60) days after concluding work pursuant to this Agreement, Contractor and each of its subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement. (f) Eight-Hour Work Day. Contractor acknowledges that eight (8) hours labor constitutes a legal day's work. Contractor shall comply with and be bound by Labor Code Section 1810.
(g) Penalties for Excess Hours. Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the performance of this Agreement by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code.

Pursuant to Labor Code section 1815, work performed by employees of Contractor in excess of eight (8) hours per day, and forty (40) hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than one and one-half (1½) times the basic rate of pay.
(h) Workers’ Compensation. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation 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.”
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 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 contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a review of the certified payroll records of the subcontractor on a periodic basis or upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Contractor shall diligently take corrective action to halt or rectify any such failure by any subcontractor.

1.5 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 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 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 Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as 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 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 specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken 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.

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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 Five Hundred Ninety-Two Thousand, Four Hundred Six Dollars and 20/100 ($592,406.20) (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 rates as specified in the Schedule of Compensation, provided that (a) time estimates are provided for the performance of sub tasks, (b) contract retention is maintained, and (c) the Contract Sum is not exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation.

2.3 Reimbursable Expenses.

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

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

2.4 Invoices.

Each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City’s Director of Finance. By submitting an invoice for 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 charged to the Services.

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(c) Line items for all other 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, 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 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 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 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 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 this Agreement may be contingent upon State budget approval; receipt of funds from, and/or obligation of funds by the State of California to City; or inclusion of sufficient funding for the services hereunder in the budget approved by Chino City Council for each fiscal year 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 Force Majeure.

The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, 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 Manager’s determination shall be final and conclusive 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 January 2, 2024, except as otherwise provided in the Schedule of Performance (Exhibit “D”). This Agreement may be renewed by a written amendment for up to an additional two (2) year(s) at the option of the City if the City is satisfied with the quality of services performed by Consultant under this Agreement.

ARTICLE 4. COORDINATION OF WORK

4.1 Representatives and Personnel of Consultant.

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

(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 sufficient time to personally supervise the services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this 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 shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement.

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

4.2 Status of 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 manner 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 retirement, 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 Nicholas S. Liguori, AICP, 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 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, 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 otherwise or a joint venturer or a member of any joint enterprise with Consultant.

4.5 Prohibition Against Subcontracting or Assignment.

The experience, knowledge, capability and reputation of Consultant, its 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 the 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 hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the 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 insurance of the type and amounts described below and in a form satisfactory to City.
(a) General liability insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance 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 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 injury and property damage for all activities of the Consultant arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, nonowned or rented vehicles, in an amount not less than $1,000,000 combined 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 shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein.
(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 insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current 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) Duration of coverage. Consultant shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Consultant, its agents, representatives, employees or subconsultants. (c) Primary/noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.
(d) City’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by 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 on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.

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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, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(g) Enforcement of contract provisions (non-estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
(h) Requirements not limiting. Requirements of specific coverage features or limits contained in this section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. (i) Notice of cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
(j) Additional insured status. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
(k) Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (l) Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that 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) Pass through clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide 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 connection with the negligent performance of or failure to perform the work, operation or activities of Consultant hereunder, Consultant agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys’ fees.

Consultant shall incorporate similar indemnity agreements with its subcontractors 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 misconduct of Consultant in the performance of professional services hereunder. The provisions of this Section do not apply to claims or liabilities occurring as a result of City’s sole negligence or willful acts or omissions, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City’s negligence, except that design professionals’ indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or willful 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 subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (the “books and records”), as shall be necessary to perform the services required by this Agreement and enable the Project Manager to evaluate the performance of such services. Any and all such documents shall be maintained in accordance with generally accepted accounting 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 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 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 facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Consultant is providing design services, the cost of the 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 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 Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the 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, reuse or assignment. 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 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, such documents and materials are hereby deemed “works made for hire” for the City.

6.4 Confidentiality and Release of Information.
(a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Project Manager.
(b) Consultant, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Project Manager or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided 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, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed 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 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 and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under this Article. Any failure on the part of the City to give notice of the Consultant’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.

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 this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.

7.6 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 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 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 delay in the performance of any service required hereunder. The City may withhold from any monies payable on account of services performed by the Contractor any accrued liquidated damages.

7.8 Termination Prior to Expiration of Term.

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

7.9 Termination for Default of Consultant.

If termination is due to the failure of the Consultant to fulfill its 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 the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated.

7.10 Attorneys’ Fees.

If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney’s fees. Attorney’s fees shall include attorney’s fees on any appeal, and in addition a party 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 commencement 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 the event of any default or breach by the City or for any amount which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.

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8.2 Conflict of Interest.

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

No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision 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, directly or indirectly, interested, in violation of any State statute or regulation. The Consultant warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.

8.3 Covenant Against Discrimination.

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

8.4 Unauthorized Aliens.

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 the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys’ fees, incurred by City.

ARTICLE 9. MISCELLANEOUS PROVISIONS

9.1 Notices.

Any notice, demand, request, document, consent, approval, or 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 accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.

9.3 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 that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.

9.5 Severability.

In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in 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 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 “financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5. 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 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 Agreement, such party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE]

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

CITY:

CITY OF CHINO, a municipal corporation
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:

BUREAU VERITAS TECHNICAL

ASSESSMENTS LLC
By:

Name:

Title:

By:

Name:

Title:

Address: 220 Technology Drive
Irvine, CA 92618
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, President 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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Award Professional Services Agreement - ADA Self Packet Pg. 188 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 (the entirety of which is on file with the Development Services Department).

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

9.12.a
Award Professional Services Agreement - ADA Self Packet Pg. 189 BUREAU VERITAS 220 TECHNOLOGY DRIVE | IRVINE, CA 92618
P 800.733.0660 | F 410.785.6220 | BVNA.COM
October 9, 2022
City of Chino
Attn: Lisa Almilli, Accessibility Coordinator
13220 Central Avenue
Chino, CA 91710
RE: RFP for ADA Self-Evaluation and Transition Plan
To Whom It May Concern,
Thank you for taking the time to review Bureau Veritas Technical Assessments, LLC’s (Bureau Veritas or BV) qualifications in response to the City of Chino’s (City) RFP for ADA Self-Evaluation and Transition Plan services. The following proposal details our capability to execute this project.

Proven Experience | Bureau Veritas has extensive experience providing ADA Assessments for City, County and State Government entities. We are licensed in the State of California and are familiar with all ADA and California codes and regulations. In addition to ADA Self-Evaluation and Transition Plan expertise - Bureau Veritas offers a full suite of services including ADA plan check, inspections, design, and turn-key project management for implementation. BV’s code compliance group has performed ADA and CASp plan check and inspections for hundreds of municipalities acting as augmented staff or third party consultants.

Highly Qualified Team | Bureau Veritas is an architecture and engineering firm focused solely on assessment and planning studies, with 800 professionals nationwide. We provide a national broad based Project Team of Accessibility Assessors with backgrounds in Architecture, Civil Engineering, Landscape Architecture, and Construction.

The proposed team for this project is listed below.

Team Member Role
Erik Piller Project Executive
Mouaz Alrayes Program Manager
Bryon Scott, ADAC Quality Assurance
Michael Cunniff Senior Project Manager
Tracy Trisko, RLA Assessment Team
Allyson Watts, CASp Assessment Team
Susan Lloyd, ADAC Assessment Team
Brian Matternach, CASp Assessment Team

LETTER OF TRANSMITTAL
EXHIBIT A-1 9.12.a
Award Professional Services Agreement - ADA Self Packet Pg. 190 BUREAU VERITAS 220 TECHNOLOGY DRIVE | IRVINE, CA 92618
P 800.733.0660 | F 410.785.6220 | BVNA.COM
ADA Experience | Our Assessment teams have performed similar services for clients including:
• City of Rancho Cucamonga
• San Bernardino County Transportation Authority
• City of Pomona
• City of Montebello
• City of El Segundo
• City of Industry
• City of Garden Grove
• City of Alameda
• City of Tracy
• Hayward Recreation and Parks
• City of Napa
• Ambrose Parks and Recreation District
• Sonoma County
• Humboldt County
• City of Brea
• City of Orange
• Gavilan College
Statements | The statements required in the Letter of Transmittal are below. • I, Erik Piller, have contractual responsibility on behalf of Bureau Veritas with the City of Chino. • Bureau Veritas has thoroughly examined and become familiar with the work required in this RFP, and is capable of performing quality work to achieve the objectives of the City. • Bureau Veritas agrees to accept the terms and conditions outlined in the City’s Professional Services Agreement provided in the RFP.
• The proposal shall remain valid for a period of not less than one hundred and twenty (120) days from the date of submittal.
• All information submitted with this proposal is true and correct.

Company Information
Legal Name: Bureau Veritas Technical Assessments LLC
Corporate Address: 10461 Mill Run Circle, Suite 1100, Owings Mills, MD 21117 Branch Office: 220 Technology Drive, Irvine, CA 92618
We appreciate the opportunity to present our qualifications for these services and look forward to working with the City of Chino. I am authorized to bind Bureau Veritas to all terms, conditions, and commitments made in this proposal. Please contact me at 800.733.0660, ext. 7292704 or [email protected] to further discuss our qualifications.

Sincerely,
Erik Piller
Senior Vice President

9.12.a
Award Professional Services Agreement - ADA Self Packet Pg. 191 1 Name of Company: Bureau Veritas
Technical Assessments LLC
Year Founded: 1986
Headquarters Address: 10461 Mill Run Circle,
Suite 1100
Owings Mills, MD 21117
Project Office: 220 Technology Drive
Irvine, CA 92618
Primary Contact: Erik Piller
Sr. Vice President
Telephone: (800) 733-0660, ext. 7292704
Email: [email protected]
Website: bvna.com
Company Information
Profile
Founded in 1986, Bureau Veritas Technical Assessments
LLC (Bureau Veritas) is a professional service consulting firm providing comprehensive architectural, engineering, energy, and environmental solutions. Our team includes
over 700 building professionals nationwide, including
Certified ADA Specialists, Registered Architects, Professional Engineers, Certified Energy Managers, Environmental
Professionals, Building Systems Consultants, and Code
Compliance Experts.

Annually, Bureau Veritas conducts thousands of assessments for Private, Industrial, Government, K-12 Education, and Higher Education Clients. Having successfully completed assessments of several million square feet of building
space, Bureau Veritas has developed a proven and efficient methodology for the performance of field assessments, and data collection.

Bureau Veritas Technical Assessments LLC is part of a larger group, Bureau Veritas SA. BVSA is a 5.1 billion euro public company trading on the Euronext-Paris with over 75,000
employees and thousands of offices across the globe.

Bureau Veritas has 14 offices throughout California, and over 600 employees (60+ in the assessment group).

Services
• ADA Accessibility Compliance
• Facility Condition Assessments
• Space Analysis
• Capital Needs Assessments
• Energy Studies
• Capital Planning
• Feasibility Studies
• Project Management
• Construction Monitoring
• Plan and Document Review
• Inventory, Barcoding and Tagging
• Capital Planning Software
• Preventive Maintenance
What We Do

QUALIFICATIONS OF THE FIRM

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Award Professional Services Agreement - ADA Self Packet Pg. 192 2 Financial Capacity
Bureau Veritas Technical Assessments LLC is part of a larger group, Bureau Veritas SA. Please note—BVSA is a 5.1 billion euro public company trading on the Euronext-Paris with over 75,000 employees and thousands of offices across the globe.

Bureau Veritas does not have any current or pending litigation, bankruptcies, planned office closures, or impending mergers that would impede it’s ability to provide these services.

This link takes you directly to our financial reports:
https://group.bureauveritas.com/investors/financial-information/financial-reports 5 273

ACTIVITY REPORT
Business review and results
Bureau Veritas • 2020 Universal Registration Document

5.2.8 RESULTS BY BUSINESS

CHANGE IN REVENUE BY BUSINESS
(€ millions) 2019
Growth
2020 Total Organic Scope Currency
Marine & Offshore 366.7 368.5 (0.5)% +2.2% - (2.7)%
Agri-Food & Commodities 1,029.6 1,168.2 (11.9)% (7.4)% +0.1% (4.6)% Industry 965.6 1,111.1 (13.1)% (6.6)% (0.4)% (6.1)%
Buildings & Infrastructure 1,314.1 1,379.2 (4.7)% (1.7)% (1.5)% (1.5)% Certification 339.6 370.5 (8.3)% (6.2)% +0.3% (2.4)%
Consumer Products 585.4 702.2 (16.6)% (15.0)% +0.1% (1.7)% TOTAL GROUP 4,601.0 5,099.7 (9.8)% (6.0)% (0.4)% (3.4)%

CHANGE IN ADJUSTED OPERATING PROFIT BY BUSINESS
(€ millions)
Adjusted operating profit Adjusted operating margin
2020 2019 Change 2020 2019
Total
change
(bps)
Organic
change Scope Currency
Marine & Offshore 80.4 81.5 (1.3)% 21.9% 22.1% (19) +55 - (74) Agri-Food & Commodities 125.0 161.4 (22.6)% 12.1% 13.8% (168) (119) (15) (34) Industry 108.0 141.4 (23.6)% 11.2% 12.7% (153) (144) +7 (16) Buildings & Infrastructure 144.7 209.7 (31.0)% 11.0% 15.2% (420) (437) +31 (14) Certification 53.7 64.5 (16.7)% 15.8% 17.4% (161) (132) - (29) Consumer Products 103.2 173.0 (40.3)% 17.6% 24.6% (701) (685) +2 (18) TOTAL GROUP 615.0 831.5 (26.0)% 13.4% 16.3% (294) (278) +7 (23) Marine & Offshore
The Marine & Offshore business delivered a remarkable 2.2% organic revenue growth in the full year 2020 despite the Covid-19 crisis. The Group continued to deliver “essential services” which ensure business continuity to its clients across the globe. In the fourth quarter, organic revenue was slightly up (up 0.3%). The full year organic performance results mainly from:
● high single-digit growth in New Construction (42% of divisional revenue), notably driven by North East Asia (China and South Korea in particular);
● low single-digit growth in the Core In-service activity (43% of divisional revenue), a reflection of the fleet’s modest growth and stable level of laid-up ships. Q4 benefited from a favorable timing of inspections, notably for special surveys. The fleet classified by Bureau Veritas continued to grow in 2020 (up 0.5% on a yearly basis) led by all sectors, confirming the Group’s operational excellence. At year end, it comprised 11,456 ships, representing 131.8 million of Gross Register Tonnage (GRT); ● high single-digit decline for Services (15% of divisional revenue, including Offshore) as they rely more on discretionary spend and as the Offshore business was penalized by a freeze in orders for FPSOs and drilling vessels in a lower oil price environment. 2020 was however marked by a significant
increase in projects in the wind energy sector, both for onshore and offshore wind turbines. The Group continued to extend its portfolio of non-cyclical services.

In 2020, the shipping market experienced a very sharp slowdown, with a 17% drop in worldwide new orders (in GRT) compared to 2019, although the fourth quarter showed a notable recovery (for container ships and the energy market). In that context, Bureau Veritas continued to grow its market share as it was able to capitalize on its leading position in the LNG field by offering its class services for LNG carriers, LNG refueling tankers and ships using LNG as a fuel. New orders totaled 6.1 million gross tons at December 2020 (from 6.5 million gross tons in the prior-year period). The order book, which remains very diversified, stood at

14.1 million gross tons at the end of the year, stable compared to the end of 2019.

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Award Professional Services Agreement - ADA Self Packet Pg. 193 3 Litigation and Contract History
Bureau Veritas affirms that none of the following apply to Bureau Veritas Technical Assessments, LLC:
• Conviction or indictment of the firm or any officer of the firm within the last three years involving alleged fraud, bribery, collusion, conspiracy, or violation of state or federal antitrust law. • Adjudication or determination by any federal, state, or local agency that the firm or any officer of the firm has violated any provision of law relating to equal opportunity or fair employment. • Termination of a contract for convenience or for cause.

Bureau Veritas also certifies that we have not been disciplined in the last five (5) years as a Consultant by any government body or professional association.

9.12.a
Award Professional Services Agreement - ADA Self Packet Pg. 194 4 Erik Piller | Project Executive
Mr. Piller will oversee all contractual aspects of the project and will be available to meet with the City for the duration of the project on an as-needed basis. He will be responsible for defining the scope of engagement, and will meet regularly with BV’s Project Manager and Assessment Team to assure the City’s needs are met, and that the project is adequately staffed, running smoothly, and on schedule. Mr. Piller will serve as the lead person who can respond to the City’s
questions.

Mouaz Alrayes | Program Manager
Mr. Alrayes will be the primary point of contact for the City throughout the duration of the project. Mr. Alrayes will be responsible for the assessment team’s overall performance, delivery of the project, and will work with the City to develop the implementation plan based on the results.

Bryon Scott, ADAC | Quality Assurance Manager
Mr. Scott will provide general oversight of this project, assuring technical, process, and content quality; and provide quick and effective implementation of quality assurance measures both at inception and throughout the duration
of the project. The Quality Assurance Manager conducts
spot checks and random report reviews by selecting a
sample of assets in each phase of the process, including the assessment / fieldwork stages, report preparations stages, review stages, and data validation (software) stages. Mr.

Scott is responsible for technical review of deliverables.

Michael Cunniff | Senior Project Manager
Mr. Cunniff will manage the Assessment Team and meet
with the City on an agreed-upon basis to ensure project success. Mr. Cunniff will lead BVTA’s onsite efforts for the duration of the project.

CASp Oversight and Resources
BV will utilize at least two CASp employees on this project.

They will share in both data collection, data collection supervision, report writing, and overall peer review of the final transition plan.

Assessment Team
The Assessment Team will observe, measure, record, and
describe the deficiencies observed through the process, interview staff, and formulate recommendations to
remedy the deficiencies. They will coordinate the logistics and document collection for each assessment, as well as develop the assessment report.

Erik Piller

PROJECT EXECUTIVE
Mouaz Alrayes
Bryon Scott, ADAC

QUALITY ASSURANCE

MANAGER

PROGRAM MANAGER

ASSESSMENT TEAM

PROJECT

ORGANIZATION
CHART

SENIOR PROJECT MANAGER
Michael Cunni

QUALIFICATIONS OF PERSONNEL

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Award Professional Services Agreement - ADA Self Packet Pg. 195 17 General Statement of Understanding
Bureau Veritas understands that it will provide consulting services to ensure the City of Chino (City) complies with all aspects of the Americans with Disabilities Act (ADA), the Federal ADA Accessibility Guidelines (ADAAG), American
Barriers Act (ABA), the California Building Code, and local accessibility regulations with regards to its programs, and services, public buildings and facilities, exterior amenities, and paths of travel. The work will ultimately culminate in the production of an ADA Transition Plan, which will include a schedule of improvements necessary to meet the ADA, the State of California , and local accessibility requirements, associated order of magnitude cost estimates for barrier removal, a prioritized list of improvements, and a timeline for completion of needed improvements or modifications. The City requires a phased schedule for achieving compliance with the American with Disabilities Act Self Evaluation, which includes a Transition Plan.

EXPERIENCE WITH STANDARDS AND GUIDELINES
Bureau Veritas has extensive experience and expertise
with ADA Accessibility Standards, Public Rights-of-Way
Accessibility Guidelines, and the California Building Code, which are relevant to this project. Our assessors and
management staff have project experience in multiple states and locales nationwide, and apply the 2010 ADA Standards for Accessible Design, the current ADA accessibility
guidelines (ADAAG), and other state and local building
codes as required by laws, statutes and ordinances. When prioritizing barrier removal, we will follow the order of preference advised by the Department of Justice in Title II requirements, or as modified through agreement with the City by public survey results. Bureau Veritas is experienced with the application of the program access test defined in Title II 35.150(b), and understands that not all individual barriers must be removed, but the overall program must be made accessible.

Proposed Project Approach
Bureau Veritas understands that we will provide consulting services to ensure that the City complies with all aspects of the Americans with Disabilities Act (ADA), the State of California, and local accessibility regulations with regards to its public buildings, programs, and services.
• The scope of the work, as defined by the City , includes:
• ADA Self Evaluation
– Physical Assessment of Facilities and Sites
– Accessibility Transition Plan
• Public Outreach Meetings (2), Council Meetings (1)
• Public Rights-of-Way (PROW) Evaluation: public sidewalks and curb ramps
The City has requested services for:
• 43 Facilities
• 45 Parks and Open Space Sites
• Public Rights of Way (PROW)
– 467 Miles of Sidewalk
– 3,660 Curb Ramps
– 159 Traffic Signals
– 90 Transit Stops
Bureau Veritas will complete the following:
• Conduct comprehensive accessibility assessment and
inventory of facilities identified on the Buildings/Site list. • Ensure compliance with applicable standards,
regulations, and codes for accessibility
• Perform site visits to observe, document, and photograph specific conditions and modifications of facilities and components subject to federal, state, and local access
requirements.
• Assessment of the content and location of the City
programs, services, policies, training and communication practices.
• Create public outreach to ensure public input into the transition planning process, including public meetings
and public survey.
• Create criteria to prioritize facilities and/or categories of work to support a phased approach to implementation
of the ADA Transition Plan.
• Establish order of magnitude (pre-planning level)
estimated costs for each barrier removal necessary to
make facilities accessible.
• Prepare interim and final presentations of findings and recommendations to the City.
• Deliver draft and final reports per protocol established by the City.
• Maintain the electronic database the City can use to track barrier removals as each is completed, which serves as a living Transition Plan.

APPROACH
Bureau Veritas will conduct a kick-off meeting with the City to define communication channels, define the scope of work, and to review the facility and program lists. Discussions will include recent and proposed capital improvements and
available programs at each of the facilities. Bureau Veritas will note public use patterns and prioritization of the facilities and programs.

UNDERSTANDING AND APPROACH

9.12.a
Award Professional Services Agreement - ADA Self Packet Pg. 196 18 Prior to the kick-off meeting, Bureau Veritas will provide a pre-assessment questionnaire for each site and other
documentation. Documents requested, if readily available, are:
• Prior accessibility transition plans or self-evaluations • Site plans / floor plans
• Identification of any/all historic structures
• Description of each facility’s purpose
• As-built drawings (with dates of construction)
• Current reasonable accommodation policy
• Intersection / street / curb plans / previous sidewalk survey
The initial discussions with the City staff will include the following elements:
• Roles and lines of communication between and within
both the City and Bureau Veritas.
• Protocols for interaction between all parties throughout the project: Contact information should include the office and cell numbers for a minimum of 2+ contacts with the
appropriate City staff and Bureau Veritas.
• Field assessment logistics: Normally, Bureau Veritas does not require escorts to perform the field assessments,
except where escorts may be required within restricted
areas. Outline areas of City’s highest priority for any assessment to be completed during any training phases,
likely complexity of assessment data processing, efficient workflow each day of the assessment, and City requests. • Facility mapping.
• Protocol for handling paths not clearly designated on the map, not collected due to construction, or otherwise deemed inaccessible. (PROW Survey)
• Strategies for connectivity between isolated urbanized areas. (PROW Survey)
Field schedules and facility management interviews will be conducted once the schedule is approved by the City.

Once the field schedule is approved, Bureau Veritas will deploy trained accessibility assessors with backgrounds in Landscape Architecture, Architecture, Engineering, and Building Systems for facility assessments. All field resources assigned have been professionally trained in accessibility assessments and have performed numerous assessments.

Program Access and Policy Review
Bureau Veritas is experienced with the program access
test defined in Title II 35.150(b), and realizes that not all amenities are required to be accessible. Bureau Veritas’s goal is to assist the City in providing the most economically viable improvements for its users. Through consultation with staff, stakeholder surveys and our field observations, Bureau Veritas will provide barrier removal recommendations
to improve the amenities necessary to comply with the
applicable standards to provide program access.

An assessment of the City’s programs will be performed. The United States Department of Justice defines “programs” as the “programs, services and facilities” of a Title II entity. The current status of the City’s programs as defined by the DOJ will be evaluated through discussions with City staff and a review of documentation. The goal mandated by Title II of the ADA is to ensure that individuals with disabilities are not excluded from services, programs, and activities because buildings are inaccessible or other assistance is not available.

Steps needed to make programs accessible to disabled
individuals will be detailed, such as, providing sign language interpreters to enable an individual with a disability to obtain the service, or providing benefits at an alternative accessible location in order to ensure that individuals with disabilities receive the benefits or services.

Bureau Veritas will meet with the designated representatives of the City to gather information from the various departments regarding the access opportunities or problems which have arisen in the past. Bureau Veritas will evaluate the issues and experiences with respect to the provision of services to people with disabilities.

A program survey will address issues with respect to the delivery of accessible programs and services. A policy and program review provides a greater scope of information
about structural changes required for barrier removal.

The list of public programs and methods of communication with the public has not been provided to Bureau Veritas as part of the City’s request for a proposal. As such, Bureau Veritas has limited the review of said programs and
communications to eighty (80) man hours. Bureau Veritas will work with the City to prioritize the review to those programs with the highest impact to the community.

It is possible that the program assessment will determine that providing full access to a given program, service or activity is simply not possible. In such a case, Bureau Veritas will work with the City to determine if providing full access to the program would be an “undue financial and
administrative burden.” Determinations regarding a finding of an “undue financial and administrative burden” require specific documentation as set forth in the Title II regulations.

Public Outreach
Community engagement is an essential part of creating a successful Transition Plan and Policy Procedure Guideline.

BV with work with the city to seek input from Staff, the general public, and the accessible community. This input is critical for understanding how facilities are actually being used and how to increase usability. Early engagement
increases community awareness, engagement after the
draft Transition Plan increases buy-in from the community, especially those advocating for accessibility.

9.12.a
Award Professional Services Agreement - ADA Self Packet Pg. 197 19 The community engagement results and the City’s ADA
Compliance Team’s advice will be incorporated into the
Transition Plan. The Transition Plan can establish phases of barrier removal, without a calendar timeframe. To the extent that a facility, program, service, or activity is not going to be fully accessible to and usable by people with disabilities in the immediate future, we will work with the ADA Compliance Team to determine the best interim procedure or policy
in order to enhance accessibility to the maximum extent possible.

Bureau Veritas has experience with public outreach, including public input to the transition plan. Public outreach must be conducted prior to development of the Transition Plan, in order to determine user priorities and program opinion.

Bureau Veritas will arrange for and conduct a public outreach meeting for the community at large. Bureau Veritas will reach out to local disability rights and service organizations for their valuable community input.

Bureau Veritas’s goal is to assist the City in providing the most economically viable improvements for its users. The results of the initial public outreach and the advice of the City’s ADA Compliance Team will be incorporated into the Transition Plan. Bureau Veritas will provide barrier removal recommendations to improve the amenities necessary to
comply with the applicable standards to provide program access.

OPTION: Review of Website Accessibility
The ADA applies to Title III public accommodations’
websites, regardless of whether there is a specific regulation or technical standard in the ADA standards.

In a 2018 letter to Congress regarding business owned
websites, the Department of Justice (DOJ) noted, as it has in the past with other elements, spaces, or technologies for which there are no technical accessibility specifications, that the absence of a technical standard does not “serve as a basis for noncompliance” with the ADA’s general obligation to ensure equal access to goods and services. Rather, it means that public accommodations have “flexibility” in how to facilitate that access.

Existing website standards and guidelines can help web
developers create and maintain accessible websites. DOJ has often referred to the Web Content Accessibility Guidelines (WCAG 2.0), developed by the Web Accessibility Initiative (WAI), as a way of measuring the accessibility of websites.

Bureau Veritas will analyze and evaluate the City’s website for accessible content, including use of the WAVE web
accessibility evaluation tool or similar technology. Applying the current WCAG version (currently 2.1), Bureau Veritas will determine barriers to accessibility within the City’s website and present appropriate barrier removal.

Facility and Park Assessments
An experience accessibility field observer will visit each property to observe the general condition of the facility interior and exterior improvements, review available
documents in order to familiarize themselves with each
facility’s specific accessibility issues. Bureau Veritas will conduct a walk-through visit of each facility in order to observe and identify physical accessibility deficiencies and formulate recommendations to eliminate the physical barriers.

As a part of the assessment process, Bureau Veritas will meet with a City representative in order to gain a clear understanding of the overall features and programs, property condition, and completion dates of additions and/or renovations, either onsite as part of the individual site assessment or at City offices reviewing the entire City inventory. Areas to be observed include all interior and exterior features of the property, including parking lots, sidewalk/pathways, recreational assets, exterior access ramps, all interior areas accessible to the public, and employee areas.

The field observer will develop recommendations
based on the walk-through visit and interviews with City representatives and Bureau Veritas’s vast experience
gained on similar properties previously evaluated. The field observer may also question others who are knowledgeable of the property’s physical condition and operation, or of similar systems to gain comparative information to use in evaluation of the property.

The field observer will review documents and information provided by City that could aid Bureau Veritas’s knowledge of the subject property’s physical improvements, extent and type of use, and/or assist in identifying material discrepancies between reported information and observed conditions.

During the walk-through, the observer will utilize a field checklist based on the 2010 ADA Standards for Accessible Design, which are the current ADA accessibility guidelines (ADAAG), as well as any more stringent accessibility standards defined by the State of California and local accessibility codes.

9.12.a
Award Professional Services Agreement - ADA Self Packet Pg. 198 20 The field observer will utilize a digital level, measuring tape, door pressure gauge, light and sound meters, and
digital camera or an iPad with equivalent capability to evaluate existing elements to determine if barriers are present. The observer will identify and prioritize any existing improvements not in accordance with ADA, state, and local accessibility requirements, in the order of preference advised by the Department of Justice in Title II requirements, or as modified through agreement with the City and by public
survey results, such as:
• Physical access to the property
• Access to interior public areas
• Access to common areas, including recreation facilities and other observable space
• Access to restrooms; and
• Removal of remaining barriers
The field checklists will incorporate the applicable standards.

An excerpt of the field checklist for restrooms follows:

The Bureau Veritas team will assess exterior areas and
interior common areas that are defined as areas of public accommodation, as well as the employee areas defined by the City. Bureau Veritas will identify existing non-compliant conditions, including but not limited to, the elements
specified below (if applicable):
• Space allowance/ranges
• Accessible routes, vestibules, corridors
• Protruding object
• Ground/floor surfaces
• Loading zones
• Curb ramps
• Ramps
• Stairs
• Elevators
• Platform lifts
• Windows
• Doors
• Hardware
• Work surfaces
• Entrances and exits
• Drinking fountains and water coolers
• Water closets
• Toilet stalls
• Urinals
• Lavatories and mirrors
• Bathtubs
• Shower stalls
• Toilet rooms
• Bathrooms
• Dressing/fitting rooms
• Sinks
• Storage
• Handrails, grab bars, and tub/shower seats
• Controls and operating mechanisms
• Alarms (visual, audible)
• Detectable warnings
• Signage (Braille, visual)
• Telephones
• Switches and outlets
• Seating and tables
• Assembly areas
• Parking
• Sidewalks and walkways
• Playgrounds and play areas
• Pools/aquatic facilities
• Recreational assets
If proposed solutions to the identified barriers to accessibility would place an undue administrative or financial burden on the City, Bureau Veritas will discuss these solutions in advance with City staff. Bureau Veritas will provide an order of magnitude (pre-planning level) estimate for all items of work necessary to bring each facility into compliance. All estimates will be based upon current year costs without escalation. Escalation factors can be included if preferred by the City.

PRIORITY RANKING AND CLASSIFICATION
The analysis will include all barriers to be ranked by Priority Classes. The five classes below are DOJ recommended but can be altered to meet your specifications and needs:

Priority 1: Accessible Approach and Entrances – An
entity providing accommodation to the public is
required to take measures to provide access to a place
of public accommodation from public sidewalks,
parking, or public transportation. These measures
include, for example, installing an entrance ramp,
correcting tripping hazards or lessening the slope of a curb ramp. At least one route of travel to each amenity or feature should be safe and accessible for everyone,
including people with disabilities.

Priority 2: Elements along the Accessible Route –
Barriers which occur along the path of travel shall be
removed, where such a barrier is easily accomplishable.

Examples include moving items within reach range,
widening doors, installing accessible door hardware,
and removing high-pile carpeting.

9.12.a
Award Professional Services Agreement - ADA Self Packet Pg. 199 21 Priority 3: Restroom Facilities – Barrier removal may include widening of toilet stalls, installation of grab bars. replacement of sinks and drinking fountains.

Priority 4: Access to All Other Features and Amenities – Measures are required to provide access to other areas.

This priority is for items not required for basic access in the other three higher priorities.

Priority 5: Employee-Only Areas – Employee-only
areas are designated as the lowest priority, as a method of placing public spaces as a higher priority for barrier removals.

Public Rights-of-Way Evaluation
Prior to initiating the public right-of-way portions of the contract, Bureau Veritas (BV) will confirm the list of sidewalks, streets and curb cuts that will be analyzed.

BV will systematically survey the sidewalk and street
crossing surface environment for compliance with state, local, and Federal accessibility standards. BV will document changes in level, horizontal openings, upheavals, and other pathway events that may pose a barrier or potential hazard in the sidewalk and street crossing environment. Any major impediments and obstructions will be recorded.

BV will measure the grade and cross slope of each element of the curb ramp. The barriers of each curb ramp or the lack of a curb ramp will be documented. BV will capture deficiency data for transit stops, signalized intersections, and un-signalized intersections, including access to pedestrian pushbuttons and the condition and presence of crosswalk markings.

The PROW survey will begin in those priority areas that received the highest rank and will then extend to the other areas which are part of the rights-of-way list. This evaluation will identify and record any gaps in connectivity, potential safety hazards, obstructions, missing curb ramps, and
general noncompliance with accessibility regulations,
including the following:
• Assessment of the Pedestrian Right of Way (Sidewalks) • Assessment of Curb Ramps
• Assessment of Pedestrian Crossings, Signalized
Intersections, Un-signalized Intersections
Public Rights of Way Assessment Process (PROWAP)
Technology
The BV team will utilize a proprietary PROWAP engineered by PathVu to efficiently and accurately assess the
conditions that exist in the sidewalk environment within the City’s jurisdiction. An assessment coordinator utilizes pathMet, a pushcart system, along each sidewalk corridor, which systematically evaluates the sidewalk surface
and environment for compliance with state and federal
accessibility standards. The system automates the process of discovering and documenting changes in level, horizontal openings, upheavals, or other pathway events that may pose a barrier or potential hazard in the sidewalk environment.

The PROWAP system provides spatial information about
the features discovered, including GPS data, a digital image, and the distance along the stroll path. BV is able to provide an objective high-resolution data that inventories and
characterizes sidewalk conditions. The collection device is engineered to meet ASTM standard E3028 with the output
providing a route accessibility index allowing for prioritization based upon the customer’s needs.

Data collection for curb ramps is also effectively streamlined by use of the curbMet tool. The curb ramp data collection tool is used to measure the grade and cross slope of each element of the curb ramp. Once the dimension measurement portion of the curb ramp assessment is finished, the entire assessment is complete, the data output is analyzed and indexed based on the customer’s needs.

9.12.a
Award Professional Services Agreement - ADA Self Packet Pg. 200 22 Deliverable
The sidewalk data collected is integrated, along with various 3rd party data, into the pathVu data analytics platform and is processed to provide a characterization of a span of the sidewalk. Condition, grade, and curb ramp information
are all combined to provide a comprehensive view of a
walkability network and enables engineering firms and
municipalities can use to prioritize and spec the sidewalk repairs and upgrades. Reports from both data collection tools are combined and presented to the customer in GIS and Shapefiles.

The sidewalk and street crossing reports will include the following:
• Conversion of field data into the agreed upon format for import and use by the City.
• Spreadsheet data in Microsoft Excel format that contains a worksheet with the collected data for each feature type assessed, as well as a worksheet that contains the best path of travel data.
• Relatable tables (including GPS coordinates) in a file that contain the results of the assessment.

Transition Plan
The field assessment data and costs, programs assessment, and the public rights-of-way data and costs will be brought together in one document to form the Transition Plan. Once the assessments of the programs, buildings, facilities, and parks are complete, data will be analyzed and prioritized.

The Transition Plan document will include all identified barriers to accessibility, associated costs for barrier removal, and tentative solutions.

Solutions will be discussed with City staff and presented to stakeholders, as needed. Once all facility assessments have been completed, a Draft Transition Plan will be prepared. The Transition Plan will provide a framework for full compliance with the accessibility regulations.

The Transition Plan process comprises the following
components:
• Identification of physical and programmatic barriers in facilities under the City’s jurisdiction.
• Determination of the barrier removal remedy and an
order of magnitude estimate of the cost of the barrier
removal required to eliminate the physical barrier or
discriminatory practice.
• Assignment of priority level to the barrier removal.
• Formulation of the Transition Plan within the parameters of projected fiscal year budget constraints.

Within the Transition Plan, Bureau Veritas notes work that shall remove physical and programmatic barriers in existing facilities, and communication barriers structural in nature, where such removal is able to be carried out without much difficulty or expense. This document will outline in detail the steps required for the City to achieve accessibility compliance. Where the Transition Plan identifies work which will take longer than one year to complete, a multi-year schedule with priorities will be provided.

Results of the initial public outreach and the advice of the City’s ADA Compliance Team will be incorporated into the Transition Plan. The Transition Plan can establish phases of barrier removal, without a calendar timeframe. To the extent that a facility, program, service, or activity is not going to be fully accessible to and usable by people with disabilities in the immediate future, we will work with the ADA Compliance Team to determine the best interim procedure or policy
in order to enhance accessibility to the maximum extent possible.

Bureau Veritas will meet with the ADA Compliance Team
to present a Draft Transition Plan and gain its input
and commentary on the Draft Transition Plan prior to
presentation to the community.

The ADA requires that a public entity solicit and allow for the participation of interested persons in the development of a Transition Plan. The public outreach effort for the Draft Transition Plan will include advertisements in local newspapers in the weeks leading up to a public meeting
for presentation of the draft Transition Plan. It will be the responsibility of the City to post notice of the public meeting on the City website. Following the public meeting, Bureau Veritas will meet with the ADA Compliance Team to review all applicable commentary and to make choices regarding the draft final plan to be presented to the City. Regular maintenance or rehabilitation projects and that accessibility projects are blended into other scheduled work, when
possible.

Following the review and inclusion of public comments
in the Transition Plan, Bureau Veritas will submit the Final Transition Plan in printed and electronic copies to the designated parties and stakeholders. The Final Transition Plan will include an executive summary, and a description of how the entire self-evaluation and transition planning process was conducted. Bureau Veritas will present the Final Transition Plan to the City at a scheduled meeting. Along with the Transition Plan and a summary, Bureau Veritas will prepare a PowerPoint presentation that will explain how the Transition Plan was formed, the choices which were made with respect to accessibility solutions, the manner in which budget decisions were made, and the benefits that the
implementation of the Transition Plan will bring to the City.

9.12.a
Award Professional Services Agreement - ADA Self Packet Pg. 201 23 Facilities Diagrams
We will produce as-needed diagrams for the ADA Transition plan of the various building interiors and exteriors that will note the location of architectural barriers. In most cases this will consist of an overlay over existing floorplans, blueprints, and CAD drawings. Our drawings will not be original asbuilt quality, but basic diagrams to delineate the location of barriers.

Deliverables
The deliverables are:
• Facility ADA Assessments- individual facility reports • Public Rights-of-way Assessments- individual rights-ofway reports • Program Access and Policy Review Public Outreach
Meetings (2), City Council Meetings (1) and Public Survey • Transition Plan
The facility assessment and program assessment reports are provided in electronic format and are typically represented in three formats:
• Word® document converted to an Adobe PDF, with
photographic images of barriers and GPS positioning of
exterior barriers.
• Excel® spreadsheet with code references, existing
conditions, barrier resolution, and cost data.
• Cloud-based database ADA AssetCALC™.

Bureau Veritas will provide an ADA report for each facility assessment with a description of each barrier observed
and recorded, and will define the location, recorded
measurements, barrier description, applicable ADAAG/state/ local code reference, viable corrective action, priority, and order of magnitude (pre-planning level) cost estimate of repair. Color photographs of each barrier are included with the barrier record. Barriers will be identified and presented by individual facility. Each report will include an executive summary, including a summary cost table identifying the estimated cost to correct each facility.

The Public Rights-of-Way (PROW) reports will be provided with all of the collected and derived data in a spreadsheet format compatible with Microsoft Excel and as a file
geodatabase that is compatible with GIS products. The
PROW data is separated into two primary data sets; the
Segment Data that contains surface information, and the Feature Data.

Line data and point data can be spatially displayed via the GPS information recorded for the stations and features they contain. Segment Summary data is a table of information about each segment that is derived from the collected data.

Feature data is separated into three different tables. The first is the spatial feature summary that contains the spatial location and type information for each feature collected.

The second feature is a table created for each individual feature type collected contain the specific attribute data for that feature type. The third table is the compliance table that derives the compliance of each feature based on a series of queries comparing the collected data and the minimum
requirements of the Draft Guidelines for Pedestrian Facilities in the Public Right-of-Way (PROWAG). Both the feature
data and compliance data can be joined or related to the spatial feature summary table via a unique ID that the PROW software generates.

Bureau Veritas will use our web-based database, ADA
AssetCALC™ for the facility assessments, and for components of the Transition Plan. ADA AssetCALC™ will provide the City with the ability to generate cost tables for all facilities, or for each individual facility. Similar types of barriers can be queried within the ADA AssetCALC™ database across all
facilities, with the resulting ability to improve purchasing and contracting power. Barriers can be ranked by priority for removal. Photos will be uploaded to ADA AssetCALC™ to be viewed as a photo log or individually, when reviewing a specific barrier. Bureau Veritas will provide a Transition Plan, which will include the program access report, presented in a Word document converted to an Adobe PDF, with the data
exportable to an Excel format. Bureau Veritas will provide an electronic draft of the reports for review, including text, tables, digital photos, field notes, and supporting documentation.

Final reports will be provided after all City comments have been addressed.

Data Management Solution - ADA
AssetCALC™ Software
Bureau Veritas is providing access, at no additional charge, to ADA AssetCALC™ for a period of one year. This platform streamlines the Capital Planning and ADA Transition Planning process by compiling funding requirements for barriers and creating budget models based on project priority, life cycle maintenance, and repair requirements.

The City is not required to utilize this software as we will provide hardcopy reports and we can export the data to
Excel and Word formats. We have included ADA AssetCALC™ licenses for two (2) years with unlimited users. If the City wishes to use the software after the initial year. The annual license fee will be $1,500.

ADA AssetCALC™ is a web-based SQL database platform
that enables users to query, edit, and analyze their facility accessibility and condition data to plan immediate and
short-term barrier repairs, and budget capital expenditures throughout the lifecycle of a single building or an entire

9.12.a
Award Professional Services Agreement - ADA Self Packet Pg. 202 24 portfolio. The system unites Bureau Veritas’ experienced field data collection methods with advanced planning and reporting tools, construction cost library, location mapping features, digital photo management, and document storage.

ADA AssetCALC™ will provide the City with the ability to list, prioritize, query, and track deficiencies recorded through the Self-Assessment Process. It is easy to use, and populated with accessibility requirements pertinent to the City. Bureau Veritas recognizes that budgets change and the Transition Plan must be able to account for unplanned occurrences.

ADA AssetCALC™ provides a process to complete work on
those barriers that have been corrected over time. Reports can be queried instantaneously to reflect the barriers
corrected. ADA AssetCALC™ provides the ability to track progress over time.

Prior to populating the database, Bureau Veritas will work with the City to establish required attributes and data points associated with each asset. This will include a discussion of the relative priority of the asset requiring barrier removal.

This will include all City physical assets and will be grouped in a hierarchy based on site location, asset group, and function.

Bureau Veritas will utilize ADA AssetCALC™ to track physical accessibility needs associated with the Implementation/ Transition Plan. The database contains a capital planning and transition planning module in which accessibility
construction projects may be established, including barrier removal priorities. It will provide the City with a consolidated database of capital projects related to barrier removal.

Capabilities of ADA AssetCALC™ include, but are not limited to:
• Microsoft.net web-enabled software
• Customizable fields, groupings, and reporting
• Reports, charts and graphs to forecast capital needs for individual buildings and construction projects
• Progress reports and tracking of the corrective measure progress
• Capital budget planning tools to assign and track progress over fiscal years
• Corrective action work completed/progress complete
• Access to the observed site conditions of barriers with photographs and GPS positions of exterior barriers
• Updateable cost library makes budgets more accurate
over time
• Customizable priority framework and search tools to help decision makers
• Export tools to take data to other applications, including Microsoft Excel
• Repository for storing and searching documents related to buildings and component
• ADA compliance library to plan and track accessibility improvements
• Administrative tools for managing user access
ADA AssetCALC™‘ reporting can include GPS coordinates for locations of each exterior barrier on a satellite map. Bureau Veritas, in conjunction with Google Earth imaging, provides the most recent satellite mapping. Each exterior barrier is indicated by its own GPS marker.

Screenshots and a live demonstration are available upon request.

9.12.a
Award Professional Services Agreement - ADA Self Packet Pg. 203 25 Observation Input / Barrier Detail Screen

9.12.a
Award Professional Services Agreement - ADA Self Packet Pg. 204 26 Interactive GPS map with numbered icons
Work Completed/Verified Report

9.12.a
Award Professional Services Agreement - ADA Self Packet Pg. 205 27 Barrier ID Type
Barrier
PriorityDetail GPS Lat/
Long
Location
Desc Ref. # Quantity Cost Unit Total
59893
Building
EntranceDoors1
The
maneuvering
clearance at
the entry door
is not
compliant

34.603538
-118.153558
Main
building
entrance
CBC
Chap
11B404.2
1 1750 EA 1,750
59867
Bathrooms/
Bathing
Rooms/
Shower
RoomsSinage
3 The women's
restroom does
not have
compliant
signage at the
door
Women's
public
restroom
CBC
216.2,
703.1,
703.2,
703.5
1 110 EA $ 110
ADA AssetCALC Summary Cost Table
The ADA AssetCALC™ cost estimating database is based on both Whitestone Research and RS Means data, and further customized with proprietary cost tables developed by
Bureau Veritas, based on historical and localized actual costs.

Bureau Veritas maintains and updates the cost estimating system with information received from the field. Through ADA project management and construction monitoring
work, Bureau Veritas has current cost data from hundreds of in-progress construction and rehabilitation projects. This data allows Bureau Veritas to calculate costs based on local conditions to maintain a cost database that is typically more current than Whitestone Research and RS Means’ models.

Typically, barrier removal planning level cost estimates are based upon the removal of the specific element, for example, a parking stall or curb ramp. In some site-specific instances, barrier removal may affect an area beyond the specific
location of the barrier. Grading plans based on field surveys using land surveyor instrumentation, or architectural plans requiring wall relocation could result in significantly different material quantities and subsequent higher project costs.

The database contains standardized order of magnitude
cost estimates for barrier removal for use in prioritizing the work in the Transition Plan. At the implementation stage, it is anticipated a detailed specification will be prepared and bids will be generated to establish planning level costs. ADA AssetCALC™ cost estimates are pre-planning level, order of magnitude barrier removal cost estimates. Cost tables, similar to the ones detailed in the table below, will be provided for each facility/site.

9.12.a
Award Professional Services Agreement - ADA Self Packet Pg. 206 29 CONFLICT OF INTEREST STATEMENT
RFP# 20226008– ADA SELF-EVALUATION AND TRANSITION PLAN
19 VII. CONFLICT OF INTEREST STATEMENT
Provide in this section a statement disclosing any past, ongoing, or potential conflicts of interest that your firm, proposed staff, or any subconsultants may have as a result of performing this work.

If there is no conflict of interest, then provide such statement in this section.

If there is a real or perceived conflict of interest that exists with the submission of a proposal or would exist if the Proposer entered into an Agreement with the City of Chino in this proposal, full details should be provided in this section. Detail a plan to manage the conflict of interest. *** End of Section VII ***
Bureau Veritas does not have any real, or perceived, conflicts of interest that would arise based on the submission of this proposal, nor would any exist if Bureau Veritas entered into an Agreement with the City of Chino.

9.12.a
Award Professional Services Agreement - ADA Self Packet Pg. 207 30 ACKNOWLEDGEMENT OF INSURANCE REQUIREMENTS
RFP# 20226008– ADA SELF-EVALUATION AND TRANSITION PLAN
20 VIII. ACKNOWLEDGEMENT OF INSURANCE REQUIREMENTS
I, _______________________________,the__________________________________________ (Title)
of _____________________________________, certify that the Insurance Requirements set forth in (Proposer’s Company Name)
the Proposed Agreement for RFP #20226008– ADA SELF-EVALUATION AND TRANSITION PLAN has been read and understood. I certify that _______________________________________________’s (Proposer’s Company Name)
insurance company(ies) ________________________________________ is/are able to provide the (Name(s) of insurance company(ies)
coverages specified.

Authorized Signature Date
*** End of Section VIII ***
Erik Piller Senior Vice President of Sales
Bureau Veritas Technical Assessments LLC
Bureau Veritas Technical Assessments LLC
AON
10/04/2022

9.12.a
Award Professional Services Agreement - ADA Self Packet Pg. 208 31 ADDENDA ACKNOWLEDGEMENT / SIGNATURE
RFP# 20226008– ADA SELF-EVALUATION AND TRANSITION PLAN
21 IX. ADDENDA ACKNOWLEDGEMENT/SIGNATURE
This Proposal Response is submitted with respect to the changes to the Request for Proposal included in the following addenda numbers:
_____ _____ _____ _____ _____ _____ _____
1 2 3 4 5 6 7
(Initial above all appropriate numbers)
By signing below, Proposer certifies that the information submitted in response to this Request for Proposal is true and correct. I also understand that failure to submit a completed Proposal response package (fully completed and executed) will result in rejection of Proposal.

Respectfully submitted,
Proposer Signature Date
Print Name / Title
Legal Name of Company Business Address (Actual Address – P. O. Box) Telephone Number Email Address
*** End of Section IX ***
10/04/2022
Erik Piller / Senior Vice President
Bureau Veritas Technical Assessments LLC
(800) 733-0660 ext. 7292704 [email protected] 10461 Mill Run Circle, Suite 1100, Owings Mills, MD 21117

9.12.a
Award Professional Services Agreement - ADA Self Packet Pg. 209 01225.0001/458446.1 B-1
EXHIBIT “B”

SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
No Special Requirements.

9.12.a
Award Professional Services Agreement - ADA Self Packet Pg. 210 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. The total compensation for the Services shall not exceed the Contract Sum, as provided in Section 2.1 of this Agreement.

9.12.a
Award Professional Services Agreement - ADA Self Packet Pg. 211 EXHIBIT C-1 9.12.a
Award Professional Services Agreement - ADA Self Packet Pg. 212 01225.0001/458446.1 D-1
EXHIBIT “D”

SCHEDULE OF PERFORMANCE
I. Consultant shall perform all services and deliver all work products timely per direction from the Project Manager as outlined in Exhibit D-1.

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

9.12.a
Award Professional Services Agreement - ADA Self Packet Pg. 213 28 Bureau Veritas has the required resources to perform the project in a timely manner. The proposed schedule below is open to discussion between the City of Chino and Bureau Veritas.

ID Task Name
1 Finalize Contract and Notice to Proceed
2 Program Planning / Scheduling
3 Kickoff Meeting with Chino Staff
4 Progress Meetings / Updates
12 Self Evaluation Assessments - PROW / Facilities / Parks 13 Team 1 - Facilities / Park Assessments
14 Team 2 - Facilities / Park Assessments
15 Team 1 - PROW Surveys
16 Team 2 - PROW Surveys
17 Team 3 - PROW Surveys
18 Self Evaluation Reports - Facilities / PROW
19 Draft Reports and Costs to Chino Staff (Rolling Delivery) 20 Prioritization and Costing, GIS
21 City Staff Review of Facility / Parks Data and Costs 22 City Staff Review of PROW Data and Costs
23 Programs / Policy Review - Stakeholder Outreach
24 Surveys to Departments
25 Policy / Program Review / Web Review
26 Review Staff Surveys
27 Staff Webinar on ADA Program Findings
28 Prepare Report on Program / Policy Review
29 Chino Staff Review of Programs Report
30 Transition Plans (Facilities, Parks, & PROW)
31 Priority Development Meeting
32 First Draft - Transition Plan Submission
33 Chino Staff Review of First Draft - Transition Plan
34 Public Outreach - Draft Transition Plan
35 Second Draft - Final Transition Plan Submission
36 Chino Staff Review of Second Draft - Transition Plan 37 Final Transition Plan Revisions
38 Final Transition Plan Presentation to Chino
39 ADA AssetCALC Software Training
40 Public Outreach - Final Transition Plan Review (TBD) 41 Council Meeting (TBD)
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Chino City CouncilNovember 15, 2022

Chino City Council
November 15, 2022