Agenda packet — Chino City Council, March 21, 2023 (part 1 of 2)

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 Disabilit ies 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 a ny item on this agenda will be made available in the City Clerk’s Office during normal bu siness 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 MARCH 21, 2023

CLOSED SESSION – 6:30 PM
OPEN SESSION – 7:00 PM

AGENDA

ROLL CALL
Mayor Eunice M. Ulloa, Mayor Pro Tem Karen C. Comstock, Council Member Curtis Burton, Council Member Christopher Flores, Council Member Marc Lucio.

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

CLOSED SESSION

1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION.

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

Elise Brown v. County of San Bernardino, et al. (9th Cir. Court of Appeals, Case No. 21-56357)

FLAG SALUTE

REPORT OUT OF CLOSED SESSION

AGENDA ADDITIONS/REVISIONS

CHINO CITY COUNCIL
MARCH 21, 2023 2

INFORMATION
Economic Development Report - March 2023
Monthly Agency Reports

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 b e 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 ite ms will be acted upon as a whole and by one vote. Items placed on the Consent Calendar represent routine expenditures and/or actions that support ongoing City operations.

1. Warrants. Approve expenses as audited and within budget for warrants 764310 to 764505, and Electronic Fund Transfers 516877E to 516931E, totaling $2,346,329.41.

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

3. Adoption of Ordinance No. 2023 -006 - City Council Meeting Start Time (Second Reading) .

Adopt Ordinance No. 2023-006, an Ordinance of the City of Chino, California to change the start time of regular City Council m eetings to 6:00 p.m. and Closed Session to no sooner than 4:00 p.m. (Second Reading).

ORDINANCE 2023-006

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO, CALIFORNIA, AMENDING CHAPTER 2.04 (CITY COUNCIL) OF THE CHINO M UNICIPAL CODE

CONCERNING THE REGULAR MEETING TIME FOR THE CITY COUNCIL

4. Award of Contract - Charter Communications - Chino Rancho Park Development Project (G8201). Award a construction contract in the amount of $85,575.95 to Charter Communications-Construction Department, Riverside, CA for the Chino Ran cho Park Development Project (G8201).

5. Award of Contract - Monte Vista Water District - Chino Rancho Park Development Project (G8201). Award a construction contract in the amount of $54,660 to Monte Vista Water District, Montclair, CA for the Chino Rancho Park Development project (G8201).

CHINO CITY COUNCIL
MARCH 21, 2023 3

6. Purchase Order Approval - PorterCorp. Approve a purchase order in the amount of $400,784.68 for PorterCorp, Holland, MI for the purchase of Poligon bleacher cover s, Poligon dugout covers, and engineered drawings f or the Ayala Park Improvements Project -Softball Fields 1-4 (PK231).

7. Update on Residential Permit Parking for the Parkside Village Community . Update on Time Restrictions for Permit Parking for the Parkside Village Community.

8. Covenant Agreement to An nex for Sanitary Sewer - 13104 North Serenity Trail . Adopt Resolution No. 2023-013 conditionally approving a Covenant Agreement to Annex for Sanitary Sewer and request approval from the Local Agency Form ation Commission for the property located at 13104 North Serenity Trail within the City of Chino's Sphere of Influence.

9. Final Acceptance of Public Improvements Site Approval PL96 -09 - Inland Empire Land Development 2, LLC (13601 Central Avenue) . Accept the public improvements for Inland Empire Land Dev elopment 2, LLC Site Approval 96 -09, located at 13601 Central Avenue, as complete and authorize release of the performance bond and initiate the warranty bond.

10. Chino Development Preserve Corporation Block 9 - Final Tract Map No. 16420 -4. Approve Tract Map No. 16420 -4 and the correlating Subdivision Improvement Agreement and Credit/Reimbursement Agreement with Chino Preserve Development Corporation for the Block 9 Project.

11. Final Tract Map No. 205 38 (Chino Villa, LLC) . Approve Tract Map No. 20538 located on the north side of Philadelphia Street, west of Benson Avenue, and east of Chino Promenade Shopping Center.

12. Professional Services Agreement - Kimco Staffing Services, Inc . Approve a Profes sional Services Agreement for temporary staffing ser vices with Kimco Staffing Services, Inc., Los Angeles, CA, for an amount not-to-exceed $70,000.

13. Award of Contract - Banking Services. Award a contract to Citizens Business Bank for City and Successor Agency services in an amount (anticipated to be $125,000) dependent upon the type and number of banking of transactions that will occur this upcoming year.

14. Authorize Vendor Cap Increase - GovConnection, Inc. Authorize a vendor cap increase in the amount of $121,356 for blanket purchase orders with GovConnection, Inc.

15. Notice of Completion: SN211 - Alley Sanitation Rehab Phase II . Accept Project No. SN211 - Alley Sanitation Rehab Project - Phase 2 as complete and authorize the Director of Public Works to file the Notice of Completion.

16. Notice of Completion: Masonry Block Wall at Chino Police Department (R7200). Accept Project No. R7200 - Masonry Block Wall at Chino Police Department by Metrocell Construction, Inc., Ontario, CA, as complete.

M _____ S _____ RC _____

PUBLIC HEARING
Prior to the vote of the City Council, any member of the audience will have the opportunity to address Council on any items listed under Public Hearings. Council requests, but it is not required, that you state your name and address prior to making any remarks.

17. Assembly Bill (AB) 481 - Funding, Acquisition, and Use Policy . Introduction of Ordinance No. 2023-010, approving the Chino Police Departments Funding, Acquisition, and Use Policy per the requirements of Assembly Bill 481.

CHINO CITY COUNCIL
MARCH 21, 2023 4

Staff Report by: Wes Simmons, Chief of Police.

RECOMMENDATION: 1) Conduct a Public Hearing and 2) approve the introduction of Ordinance No. 2023 -010, approving the Chino Police Department's "Military Equipment" Use Policy per the requirements of Assembly Bill 481 to be read by number and title only and waive further reading of the ordinance.

ORDINANCE 2023-010

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO, CALIFORNIA APPROVING THE UPDATED CHINO POLICE DEPARTMENT’S AB 481 FUND ING,

ACQUISITION, AND USE POLICY
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NEW BUSINESS

18. Approve the Introduction of 2023 -007 and a vendor cap increase with Grancius . Approve the introduction of Ordinance No. 2023 -007, authorizing the City to allow electronic and paper campaign disclosure statements and authorize a vendor cap increas e in the amount of $2,000 to Granicus.

Staff Report by: Jack Morgan, Assistant to the City Manager.

RECOMMENDATION: Approve the introduction of Ordinance No. 2023 -007, authorizing the City to allow electronic and paper campaign disclosure statements and au thorize a vendor cap increase in the amount of $2,000 for a revised total of $80,047.79 to Granicus.

ORDINANCE 2023-007
AN ORDINANCE OF THE CITY OF CHINO, CALIFORNIA, ADDING CHAPTER 2.72 TO TITLE 2 (ADMINISTRATION AND PERSONNEL) OF THE CHINO MUNICIPAL CODE AUTHORIZING

ELECTRONIC AND PAPER METHODS OF FILING CAMPAIGN FINANCE DISCLOSURE

STATEMENTS
M _____ S _____ RC _____

19. Road Closure Policy . Adopt Resolution No. 2023 -017, establ ishing a revised Road Closure Policy that incorporates a deposit and penalty process based on the valuation of work and duration of closure.

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

RECOMMENDATION: .Adopt Resolution No. 2023-017, establishing a revised Road Closure Policy that implements a deposit requirement and penalties for delays in construction.

M _____ S _____ RC _____

20. Final Acceptance of Public Improvement - TM 18924 Meritage Homes of California, Inc. (Orchard Square). Accept the public improvements for Meritage Homes of California, Inc. TM 18924, located on the east side of Central Avenue at Mariner Lane, as complete and authorize release of the performance bond and initiate the warranty bond.

Staff Report by: Jesus Plasencia, Assistant City Engineer.

RECOMMENDATION: 1) Accept public improvem ents as complete for TM 18924 Orchard Square; 2) authorize release of the performance bond and initiate the warranty bond; and 3) authorize the City Manager to execute the necessary documents on behalf of the City.

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MARCH 21, 2023 5

21. Fiscal Year 2022-23 Mid-Year Financial Review. Receive and file the Financial Review Status Report and consider amendments to adopted budget appropriations/expected revenue s and consider contract amendments and purchase order increases.

Staff Report by: Sheri Beckett, Budget Coordinator.

RECOMMENDATION: 1)Receive and file the Financial Review Status Report; 2) appropriate $108,500 from the unappropriated r eserves of the Gene ral Fund, $113,000 from the unappropriated reserves of the Transportation Fund; $11,000 from the unappropriated reserves of the Community Services Fund with offsetting revenue appropriations of $51,000; $12,200 from the unappropriated reserves of the Water Fund; $3,000 from the unappropriated reserves of the Sewer Fund; $1,000 from the unappropriated reserves of the Storm Drain Fund ; $18,800 from the unappropriated reserves of the Sanitation Fund ; $33,000 from the unappropriated reserves of the Liability In surance Fund ; $54,925 from the unappropriated reserves of the Employee Benefits Fund ; and $130,000 from the unappropriated reserves of the Building Management Fund; 3) approve contract amendments for Blais & Associates; CT & T Concrete Paving; ERSC; Guaranteed Janitorial Services; Hardy & Harper; Hazelrigg Claims Management Service; IDC Consul ting Engineers ; InfoSend; Kimley Horn ; T & B Planning ; and Z & K Consultants; 4) approve an increase to the Purchase Order s for Allison Mechanical and Chino Hills Ford; and 5) authorize the City Manager to execute all necessary documents on behalf of the City.

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22. Solar Power Purchase Agreement. Award a Solar Power Purchase Agreement (PPA) for solar carports at the Chino Police Department.

Staff Report by: Jizelle Sandoval, Purchasing Manager.

RECOMMENDATION: Award a contract to PCS Energy in the amount of $ 0.0998 per kilowatt- hours for the purchase and installation of Solar Photovoltaic (PV) Parking Lot Carports at the Chino Police Dep artment and authorize the City Manager to execute all necessary documents on behalf of the City.

M _____ S _____ RC _____

23. State Water Resources Control Board - Drinking Water State Revolving Fund Reimbursement and Pledged Revenues Resolutions - State Street Water Treatment Project (WA212) . Adopt Resolution No. 2023 -018 and 2023 -019, r elated to the application for financing under the Drinking Water State Revolving Fund for the State Street Water Treatment Project (WA212).

Staff Report by: Maria Fraser, CIP Engineering Manager.

RECOMMENDATION: 1) Adopt Resolution No. 2023 -018, authorizin g the City’s identification and dedication of pledged revenues and funds for payment of Drinking Water State Revolving Fund Financing; 2) adopt Resolution No. 2023 -019, determining the City’s reimbursement intent and establishing a maximum project amount; and 3) 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 a nd place for the Mayor and Council Members to report on prescheduled Council Committee Ass ignment Meetings that were held since the last Regular Council

CHINO CITY COUNCIL
MARCH 21, 2023 6

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 Comstock
Council Member Burton
Council Member Flores
Council Member Lucio
City Manager's Report
City Attorney's Report
Police Chief's Report
Fire Chief's Report

ADJOURN
The next Regular Meeting of the City Council will be held on Tuesday, April 4, 2023 at 7:00 p.m. (Closed Session at 6:00 p.m. if necessary) in these Council Chambers.

I, Natalie Gonzaga, City Clerk of the City of Chino, hereby declare that on Wednesday, March 15, 2023 this agenda was posted on the south window of Chino City Hall an d 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.

_______________________________________
Natalie Gonzaga, City Clerk.

FEBRUARY 2023 ECONOMIC DEVELOPMENT REPORT
CITY COUNCIL RECAP, MARCH 2023

1 Unemployment Rate* December 2022 3.1%
New Business Licenses February2023 57
Retail Vacancy February 2023 8.4%
Industrial Vacancy Q4, 2022 .2%
Office Vacancy February 2023 3.6%
Sales Tax Revenue* Q3 2022 7.2%
*No January Report Available

UNEMPLOYMENT STATISTICS
EDD Unemployment Update – Updated Monthly
Unemployment rates in Chino have decreased this month from 3.6% to 3.1% from November 2022 to December 2022. *EDD, www.labormarketinfo.edd.ca.gov

City Nov Dec
Chino Hills 2.7% 2.3%
Rancho 3.0% 2.6%
Eastvale 3.0% 2.7%
Upland 3.4% 2.8%
Montclair 3.3% 2.9%
Chino 3.6% 3.1%
Ontario 3.7% 3.2%
Fontana 3.9% 3.3%
US 3.7% 3.5%
SBCO 4.1% 3.6%
California 4.1% 4.1%

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 - December 2022
Unemployment rates in Chino have
decreased from 3.6% to 3.1% from
November 2022 to December 2022. *EDD,
www.labormarketinfo.edd.ca.gov

Mission Statement
“Together we take pride in
providing quality, caring service to
our community.”

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Economic Development Report March 2023
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FEBRUARY 2023 ECONOMIC DEVELOPMENT REPORT
CITY COUNCIL RECAP, MARCH 2023
2 BUSINESS LICENSES
Business License Information – Updated Monthly
Between February 1 and February 28, 2023, the City processed 57 new business licenses. Within the City, 16 new businesses have opened new storefronts within the City of Chino. * Munis Business License Report

NEW BUSINESSES IN THE CITY THIS MONTH
Business Address Product/Service
ABBALOVE CHURCH 12791 YORBA AVE RELIGIOUS ORGANIZATION
BLUETTI POWER INC 3610 PLACENTIA CT PUBLIC WAREHOUSE/ STORAGE EAGLE MASON INC 5140 G ST AUTOMOTIVE REPAIR SHOP
EVERBOWL CHINO 3935 GRAND AVE E EATING/DRINKING PLACE
HOUEN SOLAR INC 14450 CENTRAL AVE WHOLESALE ELECTRICAL GOODS IMPERIAL INDUSTRIES INC 5130 SCHAEFER AVE H/I WHOLESALE DRUGS/SUNDRIES JIYU HEALING CENTER 13788 ROSWELL AVE 138 OTHER HEALTH PRACTITIONERS JOHN LUCERO INS AGENCY INC 3873 SCHAEFER AVE F INSURANCE AGENT/BROKER 0 10
20 30
40 50
60 70
80 90
Feb-22 Mar-22 Apr-22 May-22 Jun-22 Jul-22 Aug-22 Sep-22 Oct-22 Nov-22 Dec-22 Jan-23 Feb-23 New Business Licenses
0 5
10 15
20 25
30 35
40 45
Feb-22 Mar-22 Apr-22 May-22 Jun-22 Jul-22 Aug-22 Sep-22 Oct-22 Nov-22 Dec-22 Jan-23 Feb-23 Chino Business Licenses

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FEBRUARY 2023 ECONOMIC DEVELOPMENT REPORT
CITY COUNCIL RECAP, MARCH 2023

3 LALC ENTERPRISES 4400 PHILADELPHIA ST 181 WHOLESALE APPAREL/NOTIONS NEW AGE MEDICAL AESTHETICS 14599 RAMONA AVE 22 MISC PERSONAL SERVICE PACIFIC COAST MFG LLC 5270 EDISON AVE MFG FABCRICATED METAL PEACHLAB STUDIOS 7041 SCHAEFER AVE F AMUSEMENTT/RECREATION SERVICE QY LOGISTICS INC 13602 12TH ST B PUBLIC WAREHOUSE/STORAGE TACOS Y MAS 4726 RIVERSIDE DR A EATING/DRINKING PLACE
TALON LOGISTICS INC 14945 LA PALMA AVE MANAGEMENT/PR SERVICES US STORAGE CENTERS CHINO 13555 RAMONA AVE PUBLIC WAREHOUSING/STORAGE

RETAIL VACANCY RATES
Retail Vacancy and Rental Rates – Updated Monthly
The City of Chino is a highly desirable location. The vacancy rate for February 2023 is 8.4%, which is lower than the previous month. The City has 141,000 square feet of new projects currently under construction. *Progressive Real Estate Partners (PREP)/CoStar

INDUSTRIAL VACANCY

0.0%

2.0%

4.0%

6.0%

8.0%

10.0%

12.0%
Feb-22 Mar-22 Apr-22 May-22 Jun-22 Jul-22 Aug-22 Sep-22 Oct-22 Nov-22 Dec-22 Jan-23 Feb-23 Retail Vacancy Last 12 Months
Industrial Rates – Updated Quarterly, Includes all sites over 10,000 Square Feet
The industrial sector continues to flourish in Chino. The City has 1,433,131 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 Q4 2022 have remained the same in Chino
since the prior quarter. Chino garners a per square foot rate at $1.77. *Colliers Market Research

City Dollar
Rate
Vacancy
Percent
Chino $1.77 0.20%
Ontario $1.61 0.40%
Fontana $1.67 0.50%
Rancho $1.64 0.50%
Inland Empire $1.61 0.70%
Eastvale $1.68 0.80%

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FEBRUARY 2023 ECONOMIC DEVELOPMENT REPORT
CITY COUNCIL RECAP, MARCH 2023
4 OFFICE VACANCY
Office Vacancy and Rental Rates – Updated Monthly
The vacancy rate of 3.6%, which is slightly higher than the last month for the Chino Valley office market, accounts for 6% of the Inland Empire. The market garners a hefty $2.37 per square foot, and consists of a total of 1.6 M square feet of office and corporate headquarters space. There are 25 thousand square feet in office buildings under construction. *CoStar RESIDENTIAL CONSTRUCTION Residential Construction Updates – Updated Monthly
Residential housing continues to move forward with 171 single family residences currently under construction, 254 multi-family units under construction, and 314 units approved for construction. *Development Services Department
Accessory Dwelling Units (ADU) – Updated Monthly
The City has had permits pulled for 28 ADU’s thus far for Fiscal Year 2022/2023. *Development Services Department
$1.77
$1.61 $1.67 $1.64 $1.61 $1.68

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 Q4 2022
Dollar
Rate
Vacancy
Percent

0.0%

1.0%

2.0%

3.0%

4.0%

5.0%
Feb-22 Mar-22 Apr-22 May-22 Jun-22 Jul-22 Aug-22 Sep-22 Oct-22 Nov-22 Dec-22 Jan-23 Feb-23 Office Vacancy Last 12 Months

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FEBRUARY 2023 ECONOMIC DEVELOPMENT REPORT
CITY COUNCIL RECAP, MARCH 2023
5 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.

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Revenue: Expenditure:

Transfer In: Transfer Out:

M E M O R A N D U M

CITY OF CHINO

ADMINISTRATION DEPARTMENT

COUNCIL MEETING DATE: MARCH 21, 2023

TO: LINDA REICH, CITY MANAGER

FROM: VIVIAN CASTRO, DEPUTY CITY MANAGER

SUBJECT: MONTHLY AGENCY REPORT.

RECOMMENDATION
Receive and file.

FISCAL IMPACT

INFORMATION
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COUNCIL MEETING DATE: MARCH 21, 2023
SUBJECT: MONTHLY AGENCY REPORT
PAGE 2

BACKGROUND
Members of the Chino City Council are assigned to represent the City on several external agencies, committees, boards, and task forces. While the frequency of meetings varies by agency, many meet on a monthly basis. Others meet quarter ly, bi-monthly, or on an as-needed basis.

ISSUES/ANALYSIS
The attached Monthly Agency Report, dated March 21, 2023, summarizes recent discussions and actions, with a focus on items that may impact or be of interest to the City of Chino, its businesses, and its residents. The report covers meetings that occurred through the end of February 2023.

INFORMATION
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C I T Y O F C H I N O

MONTHLY AGENCY REPORTS
MARCH 21, 2023
Members of the Chino City Council are assigned to represent the City on several external agencies, committees, boards, and task forces. This monthly report summarizes the actions and discussions of those entities as they may impact or be of interest to the City of Chino, its businesses, and its residents.

CHAFFEY COLLEGE COMMUNITY CENTER OVERSIGHT COMMITTEE | LUCIO S. Avalos
No report.

CHINO VALLEY CHAMBER OF COMMERCE | FLORES
C. Kennedy
No report.

CHINO BASIN DESALTER AUTHORITY | ULLOA
D. Crosley | February 2, 2023
The Chino Basin Desalter Authority (CDA) is a joint powers agency. Members include the cities of Chino, Chino Hills, Ontario, Norco, the Santa Ana River Water Company, the Jurupa Community Services District, the Western Municipal Water District of Riverside County, a nd an ex-officio member, the Inland Empire Utilities Agency. The CDA produces groundwater from the Chino Basin and treats that groundwater to remove salt contaminants and delivers the treated (desalted) groundwater to its retail water agency members.

The last meeting of the CDA Board of Directors occurred on February 2, 2023, during which the Board approved staff recommendations for:
• 7.3% annual COLA for all CDA employees effective with the 1st pay period in January 2023 • Award of 3 construction contracts totaling $565,860 for various improvements to CDA water treatment facilities.

The next meeting of the CDA board of Directors is anticipated in April 2023.

CHINO BASIN WATERMASTER | ULLOA
D. Crosley | February 23, 2023
The Chino Basin Watermaster Board of Directors met on February 23, 2023. Board actions of particular interest to the City were the Board’s a pproval of Chino’s proposed water transactions (sale of stored Excess Carryover) with the Cucamonga Valley water District (7,500 acre -feet) and the Fontana Water Company (10,000 acre-feet). The Board’s approval of the transactions completes the Watermaster’s approval process.

Cost details pertaining to the transactions will become available to the gen eral public in the F all 2023 timeframe when the Watermaster distribute s the annual assessment report d escribing all Chino Basin groundwater production activities that occurred in FY 22/23.

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MONTHLY AGENCY REPORTS – MARCH 2023 PAGE 2
The Board of Directors also, in alignment with Watermaster staff recommendations pertinent to the Optimum Basin Management Program 2020 Update, directed Watermaster staff to initiate the formation of a Water Quality Steering Committee and of a Storage & Recovery Master Plan Steering Committee . Chino staff will evaluate the City’s potential participation in the steering committees.

CHINO VALLEY INDEPENDENT FIRE DISTRICT – Liaison to Board | COMSTOCK No report.

CHINO VALLEY UNIFIED SCHOOL DISTRICT – Liaison to Board | ULLOA No report.

CHINO VALLEY UNIFIED SCHOOL DISTRICT – Measure G Oversight | Comstock No report.

CITIZENS’ ADVISORY COMMITTEE FOR CIM & CIW | LUCIO
Lt. Kelliher
No report.

I.E.U.A. REGIONAL SEWERAGE PROGRAM | ULLOA
V. Castro | November 16, 2022 (Joint Board -Policy Committee Workshop) The Chino Basin Regional Sewage Service Contact (Regional Contract) is a service agreement between the Inland Empire Utilities Agency (IEUA) and seven Regional Contracting Agencies (RCAs ) consisting of the cities of Chino, Chino Hills, Fontana, Montclair, Ontario, Upland, and Cucamonga Valley Water District (CVWD) in the city of Rancho Cucamonga. The IEUA serves as a regional wastewater treatment agency, providing sewage utility services to these entities.

Expiration of Chino Basin regional Sewerage Service Contract A Special Joint Workshop of the IEUA and the Regional Sewerage Policy Committee was held to discuss the 50- year Regional Contract, which expired on January 2, 2023. Negotiations have been ongoing for two years but there are numerous outstanding issues that have not been resolved. The City of Chino is coordinating a meeting of all the city and general managers to attempt to resolve the remaining issues. A first meeting was held on March 8, 2023, with a follow-up meeting scheduled for March 21.

LEAGUE OF CALIFORNIA CITIES – I.E. Division | BURTON J. Morgan
The League of California Cities held another installment of its Inland Empire Division Dinner in Fontan a on February 23, 2023. The event featured Jim Brulte, Partner of California Strategies (a public affairs consulting confirm). Mr. Brulte discussed the implications of upcoming ballot measures including the Taxpayer Protection and Government Accountability Act. Mr. B rulte also provided an overview on the California legislature and how the League of CA Cities and the Inland Empire Division can have their voices heard in Sacramento.

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MONTHLY AGENCY REPORTS – MARCH 2023 PAGE 3
LEAGUE OF CALIFORNIA CITIES – Legislative Task Force | COMSTOCK J. Morgan
No report.

OMNITRANS BOARD OF DIRECTORS | ULLOA
A. Jakher & V. Castro
No report.

ONTARIO INT’L AIRPORT INTER -AGENCY COLLABORATIVE | BURTON N. Liguori & V. Castro
No recent meeting.

CITIZENS’ ADVISORY COMMITTEE FOR CIM & CIW | LUCIO
Lt. Kelliher
No report.

SAN BERNARDINO COUNTY SOLID WASTE ADVISORY TASK FORCE | COMSTOCK J. Blakely
No report.

SBCTA – Sa n Bernardino Co. Transportation Authority Board of Directors | ULLOA A. Jaker
No report.

SBCTA – City Selection Committee | ULLOA
J. Morgan
No report.

SCAG – General Assembly | LUCIO
V. Castro
No recent meeting. Last meeting was May 5, 2022.

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Revenue: Expenditure:

Transfer In: Transfer Out:

M E M O R A N D U M

CITY OF CHINO

FINANCE DEPARTMENT

COUNCIL MEETING DATE: MARCH 21, 2023

TO: LINDA REICH, CITY MANAGER

FROM: ROB BURNS, DIRECTOR OF FINANCE

SUBJECT: WARRANTS.

RECOMMENDATION
Approve expenses as audited and within budget for warrants 764310 to 764505, and Electronic Fund Transfers 516877E to 516931E, totaling $2,346,329.41.

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 further s the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:

• Financial Stability

10.1 CONSENT CALENDAR
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COUNCIL MEETING DATE: MARCH 21, 2023
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. 764310 – 764432 2/16/23 22-23 $686,738.31

2. 764433 - 764505 2/23/23 22-23 $914,029.45

3. 516877E – 516911E 2/17/23 22-23 $502,312.92

4. 516912E – 516931E 2/24/23 22-23 $243,248.73

E: Electronic Fund Transfers

TOTAL $2,346,329.41

ISSUES/ANALYSIS

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

RB:hm

Attachment: Exhibit 1

10.1 CONSENT CALENDAR
Packet Pg. 18
Council Meeting 3/21/23

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

Check
Number
Check Date Vendor Name Description Amount
764347 02/16/2023 CCS ORANGE COUNTY JANITORIAL, INC. CITYWIDE JANITORIAL SERVICES $70,630.80 764372 LANDSCAPE WEST MANAGEMENT SERVICES,
INC.

LANDSCAPE MAINTENANCE $71,205.00
764378 LOS ANGELES ENGINEERING, INC. MONTE VISTA PARK IMPROVEMENTS $164,112.50 764418 TRINITY ESCROW, INC. AFFORDABLE HOUSING HOME

IMPROVEMENT PROGRAM
$56,412.00
516880 02/17/2023 CHINO VALLEY INDEPENDENT FIRE DISTRICT FIRE PROTECTION SERVICES-FEBRUARY $52,278.59 516908 WATER FACILITIES AUTHORITY IMPORTED WATER $241,700.69 764439 02/23/2023 BONADIMAN WATER, INC. STORM DRAIN REHAB PROJECT $157,985.00 764440 C P CONSTRUCTION CO., INC. WATERTIGHT SEWER MANHOLE PROJECT $99,090.19 764502 WASTE MANAGEMENT COLLECTION SERVICES $451,998.67 516923 02/24/2023 HUITT-ZOLLARS, INC. PINE AVE. CONNECTOR PROJECT $149,790.07

10 TOTAL $1,515,203.51

10.1.a
Warrants
Packet Pg. 19

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: MARCH 21, 2023

TO: LINDA REICH, CITY MANAGER

FROM: NATALIE GONZAGA, 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

10.2 CONSENT CALENDAR
Packet Pg. 20
COUNCIL MEETING DATE: MARCH 21, 2023
SUBJECT: ELECTED CITY OFFICIALS’ REPORT REGARDING TRAVEL, TRAINING, AND

MEETINGS
PAGE 2

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

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

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

Attachment: Exhibit A

10.2 CONSENT CALENDAR
Packet Pg. 21

MARCH 21, 2023 EXHIBIT A

Event Date Meeting Purpose and
Subject Matter
Location

City Official Attendees

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

City Officials that may
attend
April 4, 2023 Salute to Public Safety Chino Hills,
CA
Mayor Ulloa, Mayor Pro
Tem Comstock, Council
Members Burton, Flores,
Lucio

10.2.a
Elected Officials' Report Regarding Travel, Training, and Packet Pg. 22

Revenue: Expenditure:

Transfer In: Transfer Out:

M E M O R A N D U M

CITY OF CHINO

ADMINISTRATION DEPARTMENT

COUNCIL MEETING DATE: MARCH 21, 2023

TO: LINDA REICH, CITY MANAGER

FROM: FRED GALANTE, CITY ATTORNEY

SUBJECT: ADOPTION OF ORDINANCE NO. 2023 -006 - CITY COUNCIL MEETING START TIME (SECOND READING).

RECOMMENDATION
Approve the adoption of Ordinance No. 2023-006 to change the start time of regular City Council meetings to 6:00 p.m. and Closed Session to no sooner than 4:00 p.m. (Second Reading).

FISCAL IMPACT
None.

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

The recommendation detailed above furthers the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
• Responsible Long-Range Planning
• Superior Customer Service

10.3 CONSENT CALENDAR
Packet Pg. 23
COUNCIL MEETING DATE: MARCH 21, 2023
SUBJECT: ADOPTION OF ORDINANCE NO. 2023-006 - CITY COUNCIL MEETING START

TIME (SECOND READING)
PAGE 2

BACKGROUND
This matter was introduced on first reading by the Council at their March 7, 2023 meeting. By the passage of this Ordinance, the City Council approves an amendment to Chapter 2.04 of the Chino Municipal Code to change regular meeting start times to 6:00 p.m. and closed session no sooner than 4:00 p.m.

Once adopted on second reading, the ordinance will go into effect thirty (30) days thereafter.

ISSUES/ANALYSIS
Ordinance No. 2023-006: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO, CALIFORNIA, AMENDING CHAPTER 2.04 (CITY COUNCIL) OF THE CHINO MUNICIPAL

CODE CONCERNING THE REGULAR MEETING TIME FOR THE CITY COUNCIL

Attachment: Ordinance No. 2023-006

10.3 CONSENT CALENDAR
Packet Pg. 24
01225.0001/858437.1
ORDINANCE NO. 2023-006

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHINO, CALIFORNIA, AMENDING CHAPTER 2.04 (CITY

COUNCIL) OF THE CHINO MUNICIPAL CODE CONCERNING

THE REGULAR MEETING TIME FOR THE CITY COUNCIL

WHEREAS, the City of Chino has adopted an ordinance regulating the City Council meetings, codified in Chapter 2.04 of the Chino Municipal Code; WHEREAS, the City desires to revise Chapter 2.04 of the Chino Municipal Code to amend the regular meeting time for the City Council; and
WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred.

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

SECTION 1. The City Council finds that the above recitals are true and correct and are incorporated herein by this reference.

SECTION 2. Section 2.04.010 (Regular meetings) of the Chino Municipal Code is hereby revised as follows (additions in underline; deletions in strikethrough):

A. The regular meetings of the Chino city council shall be held at the Chino City Council Chambers, 13220 Central Avenue, Chino, California on the first and third Tuesdays of each month. The meeting shall commence at 6:00 seven p.m.; and any closed session sh all commence at no sooner than 4:00 p.m. six p.m. If the day on which any regular meeting falls is a legal holiday, the meeting will be either canceled or rescheduled.

SECTION 3. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance, or the application thereof to any person or circumstances, is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any other provision or application, and to this end the provisions of this ordinance are declared to be severable. The City Council hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, part or portion thereof, irresp ective of the fact that any one or more sections, subsections, sentences, clauses, phrases, parts or portions thereof be declared invalid or unconstitutional.

SECTION 4. Effective Date. This Ordinance shall be in full force and effect thirty (30) days after its second reading and adoption.

SECTION 5. Certification. The City Clerk of the City of Chino shall certify to the passage and adoption of this Ordinance and shall cause the same to be published in the Chino Champion, a newspaper of general circula tion, within said City in accordance with the provisions of the Government Code.

10.3.a
Ordinance No. 2023-006 - City Council Meeting Start Time Packet Pg. 25
Ordinance No. 2023-06

Page 2 of 3 ends

01225.0001/858437.1

PASSED, APPROVED, AND ADOPTED THIS 21ST DAY OF MARCH 2023.

By:

EUNICE M. ULLOA, MAYOR

ATTEST:

By:

NATALIE GONZAGA, CITY CLERK

10.3.a
Ordinance No. 2023-006 - City Council Meeting Start Time Packet Pg. 26
Ordinance No. 2023-06

Page 3 of 3 ends

01225.0001/858437.1

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) §

CITY OF CHINO )

I, Natalie Gonzaga, City Clerk of the City of Chino do hereby certify that the foregoing Ordinance of the City of Chino was duly adopted by said City Council at a regular meeting held on the 21st day of March 2023 by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

By:

NATALIE GONZAGA, CITY CLERK

10.3.a
Ordinance No. 2023-006 - City Council Meeting Start Time Packet Pg. 27

Revenue: Expenditure: 3408300-48005-G8201

Transfer In: Transfer Out:

M E M O R A N D U M

CITY OF CHINO

COMMUNITY SERVICES DEPARTMENT

COUNCIL MEETING DATE: MARCH 21, 2023

TO: LINDA REICH, CITY MANAGER

FROM: SILVIA AVALOS, DIRECTOR OF COMMUNITY SERVICES

SUBJECT: AWARD OF CONTRACT - CHARTER COMMUNICATIONS - CHINO RANCHO PARK DEVELOPMENT PROJECT (G8201).

RECOMMENDATION
1) Award a construction contract in the amount of $85,575.95 to Charter Communications - Construction Department, Riverside, CA for the Chino Rancho Park Development Project (G8201), 2) authorize expenditures of up to $12,836 for construction contingencies for a not -to- exceed construction contract amount of $98,411.95; and 3) authorize the City Manager to execute all necessary documents on behalf of the City.

FISCAL IMPACT
Sufficient funds are available in the Fiscal Year 2022-23 Capital Improvement Program Budget.

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:
• Financial Stability
• Positive City Image
• Responsible Long-Range Planning

10.4 CONSENT CALENDAR
Packet Pg. 28
COUNCIL MEETING DATE: MARCH 21, 2023
SUBJECT: AWARD OF CONTRACT - CHARTER COMMUNICATIONS - CHINO RANCHO PARK DEVELOPMENT PROJECT (G8201)
PAGE 2

BACKGROUND
The Fiscal Year 2022-23 Park Development Fund budget provides funding for the development of Chino Rancho Park (G8201). The Community Services Department applied for a competitive grant through the State of California, Department of Parks and Recreation Office of Grants and Local Services, and was awarded $2,858,075 for the development of Chino Rancho Park.

Per City ordinance (13.32.030), undergrounding existing communication lines is required when there is development or improvement of any property within the City. During the design phase for Chino Rancho Park, staff elected to hire a dry utilities consultant, Koser Consulting, to assist in the identification and ownership of all aerial communication lines adjacent to the park site.

Koser Consulting identified three communication companies that o wn communication lines required to be underground. The cost to underground two of the three communication company lines did not exceed the threshold for City Council approval.

The third communication company identified was Charter Communications. Staff an d Koser Consulting met with Charter Communications to discuss the relocation of their communication lines and requested a proposal for the proposed work, which includes the undergrounding of Charter aerial fiber and coax, cable placement, splicing, engineering, material, and labor.

ISSUES/ANALYSIS
In January 2023, staff received a proposal from Charter Communications -Construction Department in the amount of $85,575.95 to provide labor and materials to underground the existing aerial fiber. At this time, st aff is recommending that City Council authorize a construction contract in the amount of $85,575.95 to Charter Communication -Construction Department, Riverside, CA for the undergrounding of communication lines for the Chino Rancho Park Development project. In addition to the contract amount, staff is requesting authorization to spend up to $12,836 for construction contingencies for unanticipated work, bringing the total potential construction contract to $98,411.95.

Attachment: Charter Communications-Construction Department - Proposal Charter Communications-Construction Department - Agreement

10.4 CONSENT CALENDAR
Packet Pg. 29
CONTRUCTION DEPT.
7337 Central Ave
Riverside, CA 92504
951-406-1690
Attn: John Koser
31805 Temecula Parkway, #737
Temecula, CA 92592
Estimate Date: 1/20/2023
Type of Project: Relocate Fiber/coax to underground
City: Chino
Project Name: 5325 Phillips Blvd
Location: Central Ave & Phillips Blvd
Project Coordinator: David Romero
Project Supervisor: Mike Pagano
Comments: This cost is for the relocation of a Charter Communications aerial fiber and coax. Cost includes cable placement, splicing, engineering, permits, materials and other construction labor.

Conduits to be placed by the city of Chino in joint trench.

Contract Labor $73,185.88
Materials $12,390.07
Total Project Estimate $85,575.95
City of Chino - Chino Rancho Park Site

10.4.a
AOC - Charter Communications (Chino Rancho Park
Packet Pg. 30

01225.0006/515653.2

Contract No.:

Approved:

AGREEMENT

“CHARTER COMMUNICATIONS - CHINO RANCHO PARK DEVELOPMENT PROJECT”

THIS AGREEMENT is made and entered into this 3rd day of July, 2023 by and between THE CITY OF CHINO, a municipal corporation, hereinafter called “ City”, and CHARTER COMMUNICATIONS, hereinafter called “Contractor”.

WITNESSETH, that the parties hereto mutually agree as follows:

ARTICLE I: For and in consideration of the payments and agreements hereinafter mentioned to be made and performed by City, Contractor agrees to perform and complete all of the work for the project entitled “CHARTER COMMUNICATIONS - CHINO RANCHO PARK DEVELOPMENT PROJECT” in a good and workmanlike manner in accordance with all plans and specifications therefor, to furnish at Contractor’s sole cost and expense all tools, equipment, labor, and materials necessary therefor, except such materials and equipment as are expressly stipulated to be furnished by City, and to do everything required by the Contract Documents.

ARTICLE II: Contractor shall be responsible for furnishing all labor, materials, equipment, tools, and services, furnishing and removing all plants, temporary structures, tools, and equipment, and doing everything required by this Agreement and by the Contract Documents. Contractor shall also be responsible for all losses and damages arising out of the performance of the Work, from the action of the elements, or from any unforeseen difficulties that may arise during the prosecution of the Work until its acceptance by City; for all risks of every description associated with the Work; and for all expenses resulting from the suspension or discontinuance of the Work.

City shall pay Contractor, and Contractor shall receive, for completing the Work in accordance with the requirements of the Contract Documents and in full compensation therefor, the price named in the Bid Proposal. Subject to any additions or deductions that may be made by change order or amendment, and any penalties or damages that may be assessed against Contractor, Contractor shall receive a total contract amount of Eight-Five Thousand Five Hundred Seventy- Five Dollars and Ninety-Five Cents ($85,575.95) for completion of the contract work.

ARTICLE III: The City hereby employs said Contractor to perform the work according to the terms of this Agreement for the above-mentioned price(s), and agrees to pay the same at the time, in the manner, and upon the conditions stipulated in the Contract Documents; and the said parties for the mselves, their heirs, executors, administrators, successors and assignees, do hereby agree to the full performance of the covenants herein contained.

ARTICLE IV: Contractor shall begin work within five (5) calendar days after receiving a Notice to Proceed from the City and the work shall be completed within one hundred thirty (130) working days from the date on which the work was started. If the work is not completed within said time period, liquidated damages shall apply.

ARTICLE V: The Notice Inviting Bids, the Summary of Work, the Instructions to Bidders, the Bid Documents, the Required Post-Bid Documents, the General Provisions, the Special Provisions, the Technical Specifications, and all other drawing, plans, or specifications for the Work (collectively, “Contract Documents”) are hereby incorporated in to and made part of this

10.4.b
AOC - Charter Communications (Chino Rancho Park
Packet Pg. 31

01225.0006/515653.2
Agreement.

ARTICLE VI: Contractor shall indemnify, defend with legal counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, cost (including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with Contractor's negligence, recklessness or willful misconduct in the performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole or active negligence or willful misconduct of the City. In instances where City is shown to have been actively negligent and where City’s active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City. Should conflict of interest principles preclude a single legal counsel from representing both City and Contractor, or should City otherwise find Contractor’s legal counsel unaccepta ble, then Contractor shall reimburse the City its costs of defense, including without limitation reasonable attorneys’ fees, expert fees and all other costs and fees of litigation. The Contractor shall promptly pay any final judgment rendered against the C ity (and its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have been the result of the Contractor’s negligent, reckless or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.

ARTICLE VII: No officer or employee of the City shall have any financial interest in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects his financial interest or the financial interest of any corporation, partnership or association in which he is interested, in violation of any State statute or regulation.

Similarly, Contractor 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.

ARTICLE VIII: 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.

ARTICLE IX: 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 Contractor 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.

ARTICLE X: No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which

10.4.b
AOC - Charter Communications (Chino Rancho Park
Packet Pg. 32

01225.0006/515653.2
may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement.

ARTICLE XI: 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.

ARTICLE XII: In the course of its work under this Agreement, the Contractor, its agents and employees shall be bound by and comply with all applicable federal, state and local laws and requirements.

ARTICLE XIII: 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) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound.

[SIGNATURES ON FOLLOWING PAGE]

10.4.b
AOC - Charter Communications (Chino Rancho Park
Packet Pg. 33

01225.0006/515653.2
IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed on the day and year first above written.

Approved as to Form: Approved as to Content:

City Attorney Silvia Avalos , Director of Community
Services

CONTRACTOR

Dated: By:
(Signature)
Name:
(Please Type or Print Name)
(Signature must be notarized) Title:
(Please Type or Print Title)

CITY OF CHINO

Dated:

Linda Reich, City Manager

ATTEST:

Natalie Gonzaga, City Clerk

Date

10.4.b
AOC - Charter Communications (Chino Rancho Park
Packet Pg. 34

Revenue: Expenditure: 340830-48005-G8201

Transfer In: Transfer Out:

M E M O R A N D U M

CITY OF CHINO

COMMUNITY SERVICES DEPARTMENT

COUNCIL MEETING DATE: MARCH 21, 2023

TO: LINDA REICH, CITY MANAGER

FROM: SILVIA AVALOS, DIRECTOR OF COMMUNITY SERVICES

SUBJECT: AWARD OF CONTRACT - MONTE VISTA WATER DISTRICT - CHINO RANCHO PARK DEVELOPMENT PROJECT (G8201).

RECOMMENDATION
1) Award a construction contract in the amount of $54,660 to Monte Vista Water District, Montclair, CA for the Chino Rancho Park Development project (G8201), 2) authorize expenditures of up to $5,466 for construction contingencies for a not -to-exceed construction contract amount of $60,126; and 3) authorize the City Manager to execute all necessary documents on behalf of the City.

FISCAL IMPACT
Sufficient funds are available in the Fiscal Year 2022-23 Capital Improvement Program Budget.

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:
• Financial Stability
• Public Service Excellence through Internal and External Partnerships • Responsible Long-Range Planning

10.5 CONSENT CALENDAR
Packet Pg. 35
COUNCIL MEETING DATE: MARCH 21, 2023
SUBJECT: AWARD OF CONTRACT - MONTE VISTA WATER DISTRICT - CHINO RANCHO PARK DEVELOPMENT PROJECT (G8201)
PAGE 2

BACKGROUND
The Fiscal Year 2 022-23 Park Development Fund budget provides funding for the Chino Rancho Park Development project (G8201). The Community Services Department applied for a competitive grant through the State of California, Department of Parks and Recreation Office of Grants and Local Services and was awarded $2,858,075 for the development of Chino Rancho Park.

The Monte Vista Water District (MVWD) is the sole provider of water service to the new park site and surrounding area. Staff provided plans for Chino Rancho Park to MVWD and met with them to discuss the water needs for the park site. MVWD submitted a proposal to provide labor and materials to install new water services for Chino Rancho Park, which will include a site inspection and construction services for the in stallation of a 1 -inch commercial service water line, a 1-1/2 inch irrigation service line and all associated fees.

ISSUES/ANALYSIS
In January 2023, staff received a proposal from Monte Vista Water District, Montclair, CA, in the amount of $54,660 to pro vide labor and materials to install new water services for Chino Rancho Park. At this time, staff is recommending that City Council authorize a construction contract in the amount of $54,660 to Monte Vista Water District, Montclair, CA for new water services for the Chino Rancho Park Development project. In addition to the contract amount, staff is requesting authorization to spend up to $5,466 for construction contingencies for unanticipated work, bringing the total potential construction contract to $60,126.

Attachment: Monte Vista Water District - Proposal
Monte Vista Water District - Agreement

10.5 CONSENT CALENDAR
Packet Pg. 36

January 19, 2023
Keith Martinez
Chino Rancho Park
13220 Central Ave.

Chino, CA 91710

Cost Estimate to Provide Inspection & Construction Services for (1) One 1-inch Commercial Service Installation and (1) One 1-1/2-inch Irrigation Service Installation on a New Commercial Development located:

Phillips Blvd. & Central Ave.

In accordance with District Ordinance Number 28, certain fees and construction cost estimates must be deposited with the District prior to providing water service to the proposed development.

Following is a summary of these costs:

I. Non-Refundable Fees
A. Connection Fees
1-inch Commercial Service (1@$11,308/ea)..........................................$11,308 1-1/2-inch Domestic Service Installation (1@$25,442/ea).....................$25,442

B. Applications Fees
Application Fee (2@$5/ea) ......................................................................$10 C. Deposit Fees
Deposit Fee (2@$100/ea) ......................................................................$200 Total Non-Refundable Fees ..................................................................$36,960 D. Service Fees
New Service Installation (1@$14,750/ea) ........................................$14,750 Paving Fees (1@$2,950/ea) ................................................................$2,950

10.5.a
AOC - Monte Vista Water District (Chino Rancho Park
Packet Pg. 37
 Page 2 of 2
Total District Service Fees...............................................................$17,700 Total Fees ...........................................................................................................$54,660

In addition, the following is required:

1. Installation will be provided by Monte Vista Water District, following all City, State, and Federal Regulations. Pre-construction meeting to be schedule before start of work.

2. As part of new development, any existing water service connection(s) previously serving the property to be developed, not proposed to be utilized in its current location, and/or has been provided a credit toward total development fees, must be physically disconnected and control valve removed from the public’s water system, meter returned to District, and all facilities removed by the developer’s contractor at the developer’s expense.

3. Reduced Pressure Backflow Devices are required on all service connections to protect the Public Water System as specified in the Health and Safety Code Title 17. Water service connections will not be activated until the devices have been installed and the developer has signed up for the services and the initial testing has been coordinated.

Please contact Mr. Roberto Escalante at (909) 624-0035 extension 175 should you have any further questions.

4. Inland Empire Utilities Agency has levied a one-time connection fee charge on any new or upsized water connection. This is a separate fee collected by IEUA and it is the developer’s responsibility to contact IEUA for clarification and applicable charges for this development.

5. These cost estimates are valid and binding upon the District for a period no longer than 90-days commencing from the date of this letter, providing there are no changes to the information from which this estimate was derived.

Should you have any further questions, please contact Hilton Saenz at (909) 624-0035 extension 112.

Sincerely,
Monte Vista Water District

Stephanie A. Reimer
Assistant General Manager/CFO

10.5.a
AOC - Monte Vista Water District (Chino Rancho Park
Packet Pg. 38

01225.0006/515653.2

Contract No.:

Approved:

AGREEMENT

“MONTE VISTA WATER DISTRICT - CHINO RANCHO PARK DEVELOPMENT PROJECT”

THIS AGREEMENT is made and entered into this 3rd day of July, 2023 by and between THE CITY OF CHINO, a municipal corporation, hereinafter called “City”, and MONTE VISTA WATER DISTRICT, hereinafter called “Contractor”.

WITNESSETH, that the parties hereto mutually agree as follows:

ARTICLE I: For and in consideration of the payments and agreements hereinafter mentioned to be made and performed by City, Contractor agrees to perform and complete all of the work for the project entitled “MONTE VISTA WATER DISTRICT - CHINO RANCHO PARK DEVELOPMENT PROJECT” in a good and workmanlike manner in accordance with all plans and specifications therefor, to furnish at Contractor’s sole cost and expense all tools, equipment, labor, and materials necessary therefor, except such materials and equipment as are expressly stipulated to be furnished by City, and to do everything required by the Contract Documents.

City shall pay Contractor, and Contractor shall receive, for completing the Work in accordance with the requirements of the Contract Documents and in full compensation therefor, the price named in the Bid Proposal. Subject to any additions or deductions that may be made by change order or amendment, and any penalties or damages that may be assessed against Contractor, Contractor shall receive a total contract amount of Fifty-Four Thousand Six Hundred Sixty Dollars and No Cents ($54,660.00) for completion of the contract work.

ARTICLE III: The City hereby employs said Contractor to perform the work according to the terms of this Agreement for the above-mentioned price(s), and agrees to pay the same at the time, in the manner, and upon the conditions stipulated in the Contract Documents; and the said parties for themselves, their he irs, executors, administrators, successors and assignees, do hereby agree to the full performance of the covenants herein contained.

10.5.b
AOC - Monte Vista Water District (Chino Rancho Park
Packet Pg. 39

01225.0006/515653.2
(collectively, “Contract Documents”) are hereby incorporated in to and made part of this Agreement.

ARTICLE VI: Contractor shall indemnify, defend with legal counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, cost (including without limitation reasonable legal counsel fees, expert fees and all o ther costs and fees of litigation) of every nature arising out of or in connection with Contractor's negligence, recklessness or willful misconduct in the performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole or active negligence or willful misconduct of the City. In instances where City is shown to have been actively negligent and where City’s active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City. Should conflict of interest principles preclude a single legal counsel from representing bot h City and Contractor, or should City otherwise find Contractor’s legal counsel unacceptable, then Contractor shall reimburse the City its costs of defense, including without limitation reasonable attorneys’ fees, expert fees and all other costs and fees of litigation. The Contractor shall promptly pay any final judgment rendered against the City (and its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have been the result of the Contractor’s negligent, reckless or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.

Similarly, Contractor 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.

District Court, venue shall lie exclusively in the Central District of California, in the County of San Bernardino, State of California.

ARTICLE X: No officer or employee of the City shall be personally liable to the Contractor, or any

10.5.b
AOC - Monte Vista Water District (Chino Rancho Park
Packet Pg. 40

01225.0006/515653.2
successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement.

ARTICLE XII: In the course of its work under this Agreement, the Contractor, its agents and employees shall be bound by and comply with all applicable federal, state and local laws and requirements.

[SIGNATURES ON FOLLOWING PAGE]

10.5.b
AOC - Monte Vista Water District (Chino Rancho Park
Packet Pg. 41

01225.0006/515653.2
IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed on the day and year first above written.

Approved as to Form: Approved as to Content:

City Attorney Silvia Avalos , Director of Community
Services

CONTRACTOR

Dated: By:
(Signature)
Name:
(Please Type or Print Name)
(Signature must be notarized) Title:
(Please Type or Print Title)

CITY OF CHINO

Dated:

Linda Reich, City Manager

ATTEST:

Natalie Gonzaga, City Clerk

Date

10.5.b
AOC - Monte Vista Water District (Chino Rancho Park
Packet Pg. 42

Revenue: Expenditure: 34083001-48050-PK231

Transfer In: Transfer Out:

M E M O R A N D U M

CITY OF CHINO

COMMUNITY SERVICES DEPARTMENT

COUNCIL MEETING DATE: MARCH 21, 2023

TO: LINDA REICH, CITY MANAGER

FROM: SILVIA AVALOS, DIRECTOR OF COMMUNITY SERVICES

SUBJECT: PURCHASE ORDER APPROVAL - PORTERCORP.

RECOMMENDATION
1) Approve a purchase order in the amount of $400,784.68 for PorterCorp, Holland, MI for the purchase of Poligon bleacher covers, Poligon dugout covers, and engineered drawings for the Ayala Park Improvement Projects -Softball Fields 1 -4 (PK231); and 2 ) authorize the City Manager to execute all necessary documents on behalf of the City.

FISCAL IMPACT
There are sufficient funds included in the FY 2022-23 Capital Improvement Program for project PK231.

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:
• Responsible Long-Range Planning
• Commitment to Our Community
• Positive City Image

10.6 CONSENT CALENDAR
Packet Pg. 43
COUNCIL MEETING DATE: MARCH 21, 2023
SUBJECT: PURCHASE ORDER APPROVAL - PORTERCORP
PAGE 2

BACKGROUND
The Fiscal Year 2022 -23 Park Fund budget provides funding for the Ayala Park Improvement Projects-Softball Fields 1-4 (PK231). In Fiscal Year 2020, an Ac cessibility Transition Plan was completed for Ayala Park. Due to the size of the park and the information provided from the transition plan, it was determined accessibility improvements would be completed in phases.

To date, Phase 1A has been completed, which included accessibility improvements to the north parking lot and picnic pavilion. Phase 1B includes accessibility improvements to softball fields 1-4, which include installation of new covered dugouts and bullpens, covered bleachers, new baseline and backstop fencing, dugout seating, bat holders, construction of four (4) new score keeper boxes, picnic tables, drinking fountain, hardscape, irrigation, and landscape improvements.

ISSUES/ANALYSIS
The City’s Purchasing Ordinance allows the City to take advantage of competitive bids awarded to contractors and vendors by other public agencies. Sourcewell issued a Notice Inviting Bids and conducted a nationwide competitive bid process to select a manufacturer/vendor to provide parks and recreation equipme nt, which includes PorterCorp equipment and Poligon by PorterCorp pre-manufactured metal shelters to public agencies throughout the country. As a result of the Sourcewell bid process, PorterCorp was selected to provide equipment through the Sourcewell bid program through March 5, 2025 (Contract No. 012621 -PPC), giving the City the ability to purchase the dugout and bleacher covers. The City Attorney's office has reviewed all documents relevant to the Sourcewell bid solicitation for parks and recreation equ ipment and found the documents to be in order.

The City contacted Miracle Recreation Equipment Company, Inc., the sales representative for PorterCorp requesting design assistance for the dugout and bleacher covers, including engineering and footing design s. In January 2023, the City received a proposal from PorterCorp through Miracle Recreation Equipment Company, Inc., in the amount of $400,784.68 for the purchase and delivery of the dugout and bleacher covers for softball fields 1 -4 at Ayala Park. At this time, staff is recommending City Council approve a purchase order to PorterCorp, Holland, MI in the amount of $400,784.68 for the direct purchase of bleacher and dugout covers for the Ayala Park Improvement Projects-Softball Fields 1-4.

Attachment: PorterCorp - Quote

10.6 CONSENT CALENDAR
Packet Pg. 44
4240 N 136th Ave
Holland MI 49424
Phone # (800) 264-7225
Fax # (877) 215-3869
[email protected]
www.poligon.com
Estimate NumberPoligon 314
Estimate Date Jan 26, 2023
Expiration Date Feb 25, 2023
Customer City of Chino
Name Carolyn Baltzer
Phone (909) 334-3401
Email [email protected]
Sales Rep Rob Fryhoff
Email [email protected]
Payment Terms 25% Deposit - Balance Net 30
Project Name
Ayala Park - Poligon Phase 2
Item # & Description Quantity Rate
Poligon - Dugout Cover
Dugout 10'x32'
Multi Rib Metal Roof
8' Minimum Clearance Height
Anchor Bolts
Galvanized Frame Finish
Based on preliminary (E1) drawing 68962 - See Below.
8 $130,566.40
Poligon - Bleacher Cover
Cantilevered 12'x98'
Multi Rib Metal Roof
12' Minimum Clearance Height
Anchor Bolts
Poli5000 Frame Finish
Based on preliminary (E1) drawing 70403 - See Below
4 $226,099.20

10.6.a
Purchase Order Approval - PorterCorp
Packet Pg. 45
$27,719.08
Poligon Eng
Poligon Engineered Drawings and Calcs. Stamped.

Digital Copies Only.
2 $1,000.00
$357,665.60

7.75% Sales Tax
Product Total $385,384.68
$0.00
Item Description Quantity Rate
Freight Poligon Freight Poligon
Shipping and Handling Fees for Poligon
Shade Structures. All shipping FOB
Holland MI.
1 $15,400.00
$15,400.00
Sales Tax
Shipping, Handling and Non Taxable Services Total $15,400.00 Grand Total $400,784.68

10.6.a
Purchase Order Approval - PorterCorp
Packet Pg. 46
NOTES AND EXCLUSIONS:
• Pricing per Poligon Sourcewell contract #012621-PPC.
• This estimate shall not become binding until signed and returned for approval. • A signature indicates acceptance of all terms, conditions, and prices listed. • A signed quote will not substitute for a Purchase Order if one is required by the Customer. Purchase orders should be made out to PorterCorp. Purchase orders to be mailed/emailed/faxed to Miracle Playground Sales 1101 California Ave, Suite 209, Corona, CA 92881 OR [email protected] OR faxed to 877-215-3869 • The payment remittance address is 4240 N. 136th Ave Holland MI 49424 • Exclusions: All Unloading, Storage, Installation, Site Work, Fees & Permits, Inspections are not included. • Wind loads are 95 mph and snow loads are 5 lb unless otherwise noted above. • Poligon Structures are proudly and exclusively represented by Miracle Playground Sales. • Please note, in most locations, any shade (METAL, FABRIC, or PLASTIC) in excess of 120 sqft requires a building permit.
• It is the CUSTOMER’S RESPONSIBILITY to conrm with the local building department if permitting is necessary.
• If permitting is necessary, it is the CUSTOMER’S RESPONSIBILTY to request, pay, and obtain these permits.
• WE will provide the stamped engineering that is required to obtain the permit – this is part of our quote.

The CUSTOMER provides everything else such as permit application, fee payment, site plan, etc. • Your shade order will not be placed in the manufacturing queue until you have provided us the approved drawings.
• Because the permitting process varies greatly between agencies, any stated lead time does NOT include the permitting process.
•

QUALIFICATIONS
• Changes made to the drawings referenced will be reviewed and may affect pricing • Pricing assumes standard Poligon colors from the current color chart. • A checklist of all documents required to place structures into production will be provided by Miracle Playground Sales once the Purchase order is received. ALL items on the checklist must be provided prior to releasing structure(s) into fabrication. • If anchor bolts are listed above, we will need to know PRIOR to ordering if the anchor bolts will need Mill Certifications. • Any changes made to the structure after entering production will be charged a non-negotiable $1000 fee.

10.6.a
Purchase Order Approval - PorterCorp
Packet Pg. 47

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: MARCH 21, 2023

TO: LINDA REICH, CITY MANAGER

FROM: NICHOLAS S. LIGUORI, AICP, DEVELOPMENT SERVICES DIRECTOR

SUBJECT: UPDATE ON RESIDENTIAL PERMIT PARKING FOR THE PARKSIDE VILLAGE COMMUNITY.

RECOMMENDATION
Receive and file a report changing the time frame that parking will be restricted for permit parking within the Parkside Village Community

FISCAL IMPACT
This action has no fiscal impact.

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

10.7 CONSENT CALENDAR
Packet Pg. 48
COUNCIL MEETING DATE: MARCH 21, 2023
SUBJECT: UPDATE ON RESIDENTIAL PERMIT PARKING FOR THE PARKSIDE VILLAGE

COMMUNITY
PAGE 2

BACKGROUND
The Parkside Village Community is located on Yorba Avenue between Chino Avenue and Riverside Avenue on Doheny Drive. The residents of the community have expressed concerns with parking of vehicles from outside of the community which have occupied most of the available on -street parking especially near the entrance of the community. On January 17, 2023, the City Council approved the establishment of a new Residential Permit Parking Area within the Parkside Village Community to address the community's parking concerns. The time frame approved by the City Council by a vote of 4-1 was 5:00 PM to 6:00 AM every day.

ISSUES/ANALYSIS
In discussions with the community leading up to the meeting approving the permit parking, staff understood that an overnight restriction was requested choosing the time frame of 5:00 PM to 6:00 AM to meet the overnight expectations while allowing for the optimal availability of enforcement staff. During the January 17, 2023 approval meeting, several residents of the community spoke in support of establishing the permit parking area. Some residents expressed how the times staff presented did not meet the residents’ expectations. The residents had hoped for a tighter 12:00 AM to 7:00 AM time period for the parking restric tion. The City Council approved the staff-recommended 5:00 PM to 6:00 AM time frame.

After the approval, staff met with the residents to hear their concerns about the approved times and developed a compromise. To resolve the issue, staff has agreed to adju st the time frame to work within both the approved time frame and the residents' needs. The time frame which will be posted on the signs will be 12:00 AM to 6:00 AM every day.

Staff has also worked on other related options mentioned during the approval mee ting. At the request of the City Council, staff explored gating the Parkside Village community and making all streets within the community private. Unfortunately, the addition of a community gate would require significant modification to the entrance and m ay have to exclude a home or two outside of the gate. Further, the additional costs for the HOA to maintain the streets as private has been determined to be financially prohibitive and is not supported by the residents.

Staff is also working with the adjacent apartment complex facilities to adjust their on-site parking management to help lessen the impact to the surrounding communities. This report is informative, so the City Council need only to receive and file this report.

10.7 CONSENT CALENDAR
Packet Pg. 49

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: MARCH 21, 2023

TO: LINDA REICH, CITY MANAGER

FROM: NICHOLAS S. LIGUORI, AICP, DEVELOPMENT SERVICES DIRECTOR

SUBJECT: COVENANT AGREEMENT TO ANNEX FOR SANIT ARY SEWER - 13104 NORTH SERENITY TRAIL.

RECOMMENDATION
1) Adopt Resolution No. 2023 -013 conditionally approving a Covenant Agreement to Annex for Sanitary Sewer; 2) request approval from the San Bernardino Local Agency Formation Commission for sanitary s ewer service for the property located at 13104 North Serenity Trail within the City of Chino's Sphere of Influence; and 3) authorize the City Manager to execute all the necessary documents on behalf of the City.

FISCAL IMPACT
Upon connecting to the sanita ry sewer system, the property owner will be required to pay the Sewer Service Charge, which is a pass -through fee to the Inland Empire Utilities Agency, and pay Sewer Development Impact Fees as applicable.

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

10.8 CONSENT CALENDAR
Packet Pg. 50
COUNCIL MEETING DATE: MARCH 21, 2023
SUBJECT: COVENANT AGREEMENT TO ANNEX FOR SANITARY SEWER - 13104 NORTH

SERENITY TRAIL
PAGE 2

BACKGROUND
Ricardo Sanchez Vega, owner of the property located at 13104 North Serenity Trail (“Property”), in the City of Chino’s Sphere of Influence (SOI), ha s requested a connection to the City’s sanitary sewer s ystem (Exhibit A) as a better long -term solution than constructing an on -site septic system for his proposed single-family home. The subject property is currently a vacant lot located in the City's General Plan land -use designation RD2 (1 to 2 dwelling uni ts/acre) per the City of Chino's General Plan. The RD2 land use designation is intended for semi -rural, large-lot residential development, allowing one to two dwelling units per adjusted gross acre. The proposed single -family home is consistent with the Ci ty's General Plan and meets all RD2 development standards.

ISSUES/ANALYSIS
The subject property is not adjacent to the City boundary; therefore, annexation of the property into the City has been determined to be impractic al at this time due to the propert y being an individual lot. The Local Agency Formation Commission (LAFCO) for San Bernardino County would most likely require a larger area beyond the property to be annexed to create a more logical service boundary, which would be a significant burden for the property owner to try and coordinate and manage. Moreover, LAFCO fees, City fees, County fees, and construction costs would be cost prohibitive for one property owner to take on. As a result, the property owner will execute an Irrevocable Agreement to Annex with the City for the subject property to annex into the City in the future (attached to the Resolution as Exhibit B). This is consistent with current City Council policy.

With the adoption of Resolution No. 2023 -013, the City Manager will be author ized to execute the LAFCO Application for Extension of Service by Contract (attached to the Resolution as Exhibit A) and submit the Application to LAFCO. The approval of the Irrevocable Agreement to Annex is contingent upon the approval by LAFCO and reimbursement by the applicant of all the applicable fees incurred by the City in preparing, submitting, and processing a request to LAFCO to extend sewer service to the Property. The City Manager is authorized to execute the Agreement on behalf of the City foll owing notification by LAFCO that the City’s request to extend services to the Property has been approved. If the City’s request to extend services to the property is not approved by LAFCO, or if the applicant does not submit a full reimbursement to the City, the Agreement shall not be executed by the City.

Therefore, it is staff’s recommendation that the City Council adopt Resolution No. 2023 -013, conditionally approving the Covenant Agreement to Annex for Sanitary Sewer Service and request approval from LAFCO.

It should be further noted, the property owner will be subject to other costs associated with connecting the public sewer system to the property, including but not limited to, plan check and engineering, building permits, construction costs, right of way permits, and inspection fees.

Attachments: Exhibit A – Sewer Service Location Map
Exhibit B – Resolution 2023-013

10.8 CONSENT CALENDAR
Packet Pg. 51

TRIBUTARY BOUNDARY MAP

TRIBUTARY BOUNDARY MAP
13104 N. Serenity Trail

EXHIBIT A

10.8.a
Irrevocable Agreement to Annex for Sanitary Sewer - 13104 Packet Pg. 52
RESOLUTION NO. 2023-013

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

CALIFORNIA, CONDITIONALLY APPROVING A COVENANT

AGREEMENT TO ANNEX FOR SANITARY SEWER SERVICE AND

REQUEST APPROVAL FROM THE LOCAL AGENCY FORMATION
COMMISSION (ASSESSOR PARCEL NUMBER 1023-071-43).

WHEREAS, the City of Chino received a request to provide sanitary sewer services to a property outside of its jurisdictional boundaries but within its sphere of influence, located at 13104 North Serenity Trail, Chino, CA 91701 (Assessor Parcel Number 1023-071-43) (“Property”); and

WHEREAS, pursuant to Resolution No. 2022-041, the City’s policy is to only allow new or existing developments located outside of the City’s jurisdictional boundaries but within its sphere of influence to connect to the City’s sanitary sew er system in accordance with the following requirements:

(1) If the parcel is not adjacent to the City boundary, the owner of the parcel must execute and file an irrevocable agreement to annex to the City at such time as sufficient parcels can be assembled and qualify for annexation in accordance with the Local Agency Formation Commission (“LAFCO”) policy pertaining to such annexations.

(2) If the parcel is contiguous to a City boundary, the owner will be required to annex said parcel to the City, or, if this is determined to be infeasible, to execute an irrevocable agreement to annex.

(3) Finally, all parcels requesting sewer service must be developed in accordance with the City’s General Plan and in conformance with all City codes and standards; and

WHEREAS, the Property is not adjacent to the City boundary and the owner of the Property has executed an irrevocable agreement to annex; and

WHEREAS, pursuant to Government Code Section 56133, the City may only provide new or extended services by agreement outside of its jurisdictional boundary if it first requests and receives written approval from LAFCO.

NOW, THEREFORE, BE IT RESOLVED, that the City of Chino does hereby determine, find, resolve, and order as follows:

SECTION 1. The City Manager or designee is authorized to execute the San Bernardino LAFCO Application for Extension of Service by Contract (attached to this Resolution as Exhibit A) and to submit the Application to the San Bernardino County LAFCO.

SECTION 2. The Covenant Agreement to Annex and for Sanitary Sewer Connection (“Agreement”) (attached to this Resolution as Exhibit B) is approved, conditioned on (i) approval by LAFCO, and (ii) reimbursement by the applicant of all application fees and other costs incurred by the City in preparing, submitting, and processing a request to LAFCO to extend sewer serves

10.8.b
Irrevocable Agreement to Annex for Sanitary Sewer - 13104 Packet Pg. 53
RESOLUTION NO. 2023-013

Page 2 of 2 ends

01225.0005/701923.2 BWB 2

to the Property pursuant to Government Code Section 56133 (“Reimbursement”). T he City Manager is authorized to execute t he Agreement on behalf of the City following notification by LAFCO that the City’s request to extend services to the Property has been approved and following Reimbursement by the applicant. If the City’s request to e xtend services to the Property is not approved by LAFCO or if applicant does not submit a full Reimbursement to the City, the Agreement shall not be executed by the City.

APPROVED AND ADOPTED THIS 21ST DAY OF MARCH 2023.

EUNICE M. ULLOA, MAYOR

ATTEST:

NATALIE GONZAGA, CITY CLERK

State of California )
County of San Bernardino ) ss.

City of Chino )

I, NATALIE GONZAGA, City Clerk of the City of Chino, do hereby certify that the forgoing Resolution was duly adopted by the City Council at a regular meeting held on the 21st day of March 2023, by the following votes:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

NATALIE GONZAGA, CITY CLERK

Attachments:

Exhibit A – LAFCO Application
Exhibit B – Covenant Agreement to Annex and for Sanitary Sewer Connection

10.8.b
Irrevocable Agreement to Annex for Sanitary Sewer - 13104 Packet Pg. 54
____________________
(FOR LAFCO USE ONLY)

SAN BERNARDINO LAFCO

APPLICATION FOR

EXTENSION OF SERVICE BY CONTRACT
(A certified copy of the City Council/District Board of Directors resolution or a letter from the City Manager/General Manager requesting approval for an out-of-agency service agreement must be submitted together with this application form.)
AGENCY TO EXTEND SERVICE:

AGENCY NAME: _________________________________________ CONTACT PERSON: _________________________________________ ADDRESS: _________________________________________ _________________________________________
PHONE: _________________________________________
EMAIL: _________________________________________
CONTRACTING PARTY:

NAME OF
PROPERTY OWNER: _________________________________________ CONTACT PERSON: _________________________________________ MAILING ADDRESS: _________________________________________ _________________________________________
PHONE: _________________________________________
EMAIL: _________________________________________

ADDRESS OF PROPERTY
PROPOSED FOR CONTRACT: _________________________________________ _________________________________________
CONTRACT NUMBER/IDENTIFICATION: _________________________________________ PARCEL NUMBER(S): _________________________________________ ACREAGE: _________________________________________
City of Chino
Jesus Plasencia
13220 Central Avenue
Chino, CA 91710
(909) 334-3417
[email protected]
Chino, CA 91710
See attached Exhibit A - Legal Description
1023-071-43
Ricardo Sanchez Vega
Ricardo Sanchez Vega
10352 Ramona Avenue, Apt F
Montclair, CA 91763
(562) 360-8597
[email protected]
13104 N. Serenity Trail, Chino, CA 91710

0.611

10.8.c
Irrevocable Agreement to Annex for Sanitary Sewer - 13104 Packet Pg. 55
Extension of Service by Contract ____________________
Application Form (FOR LAFCO USE ONLY)T
he following questions are designed to obtain information related to the proposed agreement/contract to allow the Commission and staff to adequately assess the proposed service extension. You may include any additional information which you believe is pertinent.

Please use additional sheets where necessary.

1. (a) List the type or types of service(s) to be provided by this agreement/contract. ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ (b) Are any of the services identified above "new" services to be offered by the agency? YES NO. If yes, please provide explanation on how the agency is able to provide the service.
________________________________________________________________ ________________________________________________________________ ________________________________________________________________

2. Is the property to be served within the agency's sphere of influence? YES NO

3. Please provide a description of the service agreement/contract. ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________

4. (a) Is annexation of the territory by your agency anticipated at some point in the future? YES NO. If yes, please provide a projected timeframe when it anticipates filing an application for annexation of territory that would include the area to be served. If no, please provide an explanation as to why a jurisdictional change is not possible at this time.
________________________________________________________________ ________________________________________________________________ ________________________________________________________________ S ewer service to a single-family residence in the Chino Sphere of Influence.A
nnexation
The property is currently vacant. The property owner is developing the lot R
efer to the Covenant Agreement to Annex for Sanitary Sewer Connection. will not occur until a logical block of properties, such as a tract or whole block is ready to annex to the City.
to include a single-family residence. This residence will be served by the future construction of the 8" sewer line in Serenity Trail.

10.8.c
Irrevocable Agreement to Annex for Sanitary Sewer - 13104 Packet Pg. 56
Extension of Service by Contract ____________________
Application Form (FOR LAFCO USE ONLY)
(b) Is the property to be served contiguous to the agency's boundary? YES NO. If yes, please provide explanation on why annexation to the agency is not being contemplated.
________________________________________________________________ ________________________________________________________________ ________________________________________________________________

5. Is the service agreement/contract outside the Agency’s sphere of influence in response to a threat to the public health and safety of the existing residents as defined by Government Code Section 56133(c)?
YES NO. If yes, please provide documentation regarding the circumstance (i.e. letter from Environmental Health Services or the Regional Water Quality Control Board). ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________

6. (a) What is the existing use of the property?
________________________________________________________________ ________________________________________________________________ (b) Is a change in use proposed for the property ? YES NO. If yes, please provide a description of the land use change.
________________________________________________________________ ________________________________________________________________ 7 . If the service agreement/contract is for development purposes, please provide a complete description of the project to be served and its approval status. ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ See response 4(a).This is currently a
vacant lot. The property owner is in the planning phase for a proposed single-family residence. County approval is pending.

Vacant lot
Zoning - RD2

10.8.c
Irrevocable Agreement to Annex for Sanitary Sewer - 13104 Packet Pg. 57
Extension of Service by Contract ____________________
Application Form (FOR LAFCO USE ONLY)

8. Are there any land use entitlements/permits involved in the agreement/contract? YES NO. If yes, please provide documentation for this entitlement including the conditions of approval and environmental assessment that are being processed together with the project. Please check and attach copies of those documents that apply:

Tentative Tract Map / Parcel Map
Permit (Conditional Use Permit, General Plan Amendment, etc.) Conditions of Approval
Negative Declaration (Initial Study)
Notice of Determination (NOD)/Notice of Exemption (NOE) Department of Fish and Game (DFG) Receipt
Others (please identify below)
________________________________________________________________ ________________________________________________________________

9. Has the agency proposing to extend service conducted any CEQA review for this contract? YES NO. If yes, please provide a copy of the agency’s environmental assessment including a copy of the filed NOD/NOE and a copy of the DFG Receipt.1

0. Plan for Service:
(a) Please provide a detailed description of how services are to be extended to the property. The response should include, but not be limited to, a description of:
1) capacity of existing infrastructure, 2) type of infrastructure to be extended or added to serve the area, 3) location of existing infrastructure in relation to the area to be served, 4) distance of infrastructure to be extended to serve the area, and 5) other permits required to move forward with the service extension. ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ _______________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ Permits must be obtained from the City of Chino and the County of San Bernardino.R
efer to the Tributary Boundary Map
The property will be served by an 8" sewer line in Serenity Trail extending from Chino Avenue to the cul-de-sac in Hillview Drive. This project is currently under construction.

10.8.c
Irrevocable Agreement to Annex for Sanitary Sewer - 13104 Packet Pg. 58
Extension of Service by Contract ____________________
Application Form (FOR LAFCO USE ONLY)
________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ (b) Please provide a detailed description of the overall cost to serve the property.

The response should include the costs to provide the service (i.e. fees, connection charges, etc.) and also the costs of all improvements necessary to serve the area (i.e. material/equipment costs, construction/installation costs, etc.).
(c) Please identify any unique costs related to the service agreement such as premium outside City/District rates or additional 3rd-party user fees and charges (i.e. fees/charges attributable to other agencies).
________________________________________________________________ ________________________________________________________________ ________________________________________________________________ SB County permits for both on-site private sewer and road/sidewalk.

10.8.c
Irrevocable Agreement to Annex for Sanitary Sewer - 13104 Packet Pg. 59
Extension of Service by Contract ____________________
Application Form (FOR LAFCO USE ONLY)
(d) If financing is to occur, please provide any special financial arrangement between the agency and the property owner, including a discussion of any later repayment or reimbursement (If available, a copy of the agreement for repayment/reimbursement is to be provided).
________________________________________________________________ ________________________________________________________________ ________________________________________________________________ 11 Does the City/District have any policies related to extending service(s) outside its boundary?
YES NO. If yes, has a copy been provided to LAFCO?
YES NO. If not, please include a copy of the policy or policies (i.e. resolution, municipal code section, etc.) as part of the application. ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ C

CEERRTTIIFFIICCAATTIIOONN
As a part of this application, the City of Chino, agrees to defend, indemnify, hold harmless, promptly reimburse San Bernardino LAFCO for all reasonable expenses and attorney fees, and release San Bernardino LAFCO, its agents, officers, attorneys, and employees from any claim, action, proceeding brought against any of them, the purpose of which is to attack, set aside, void, or annul the approval of this application or adoption of the environmental document which accompanies it.

This indemnification obligation shall include, but not be limited to, damages, penalties, fines and other costs imposed upon or incurred by San Bernardino LAFCO should San Bernardino LAFCO be named as a party in any litigation or administrative proceeding in connection with this application.

The agency signing this application will be considered the proponent for the proposed action(s) and will receive all related notices and other communications. I understand that if this application is approved, the Commission will impose a condition requiring the applicant to indemnify, hold harmless and reimburse the Commission for all legal actions that might be initiated as a result of that approval.S
ee attached Exhibit B - City Council Resolution No. 2022-041 N/A

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EXHIBIT A

PROPERTY DESCRIPTION

That certain real property in the County of San Bernardino, State of California, legally described as follows:

PARCEL 2 OF PARCEL MAP 19001, COUNTY OF SAN BERNARDINO , STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 236, PAGE 47 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

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E
xhibit B

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Revenue: Expenditure:

Transfer In: Transfer Out:

M E M O R A N D U M

CITY OF CHINO

DEVELOPMENT SERVICES DEPARTMENT

COUNCIL MEETING DATE: MARCH 21, 2023

TO: LINDA REICH, CITY MANAGER

FROM: NICHOLAS S. LIGUORI, AICP, DEVELOPMENT SERVICES DIRECTOR

SUBJECT: FINAL ACCEPTANCE OF PUBLIC IMPROVEMEN TS SITE APPROVAL PL96 - 09 - INLAND EMPIRE LAND DEVELOPMENT 2, LLC (13601 CENTRAL AVENUE).

RECOMMENDATION
1) Accept public improvements as complete for Site Approval 96 -09 - Inland Empire Land Development 2, LLC; 2) authorize release of the performance bon d and initiate the warranty bond; and 3) authorize the City Manager to execute the necessary documents on behalf of the City.

FISCAL IMPACT
There are sufficient funds included in the City’s Operating Budget to support the maintenance activities related to the improvements.

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

10.9 CONSENT CALENDAR
Packet Pg. 74
COUNCIL MEETING DATE: MARCH 21, 2023
SUBJECT: FINAL ACCEPTANCE OF PUBLIC IMPROVEMENTS SITE APPROVAL PL96-09 - INLAND EMPIRE LAND DEVELOPMENT 2, LLC (13601 CENTRAL AVENUE) PAGE 2

BACKGROUND
In March 1997, the Chino Planning Commission originally approved Site Approval 96-09, known as the McCalla Center, which included 4 phases. The owner has built phases 1 - 3. In 2006 the Planning Commission approved an amendment to Phase 4 of the project. Phase 4 of the project consists of four (4) buildings totaling 42,800 square feet of industrial and commercial space on

2.95 acres located along the east side of Central Avenue, north of Schaefer Avenue (Exhibit A).

After Phase 4 was approved by the Planning Commission, the applicant asked for 12 -one year time extensions, which were approved by the Planning Commission until 2019, at which point the Commission indicated that they would likely not approve any further extensions. The original owner sold the property to Inland Empire Land Development 2, LLC (Developer) in 2019, and based on the Commission’s direction, obtained building permits on the final phase.

As a part of the conditions of approval, the Developer was required to construct certain public improvements. The public improvements include, but are not limited to, curb, gutter, sidewalk and water utilities, necessitating a Public Improvement Agreement which was approved by City Council on Feb ruary 4, 2020. The COVID -19 pandemic, and subsequent market conditions, caused the owner to delay construction and completion of the project. Staff worked with the owner to facilitate development at a slower pace while market conditions improved.

ISSUES/ANALYSIS
The public improvements are complete and have been constructed to the satisfaction of the City Engineer. The public improvements that are being accepted by the City include the domestic water meters and sidewalk. The on-site domestic water main and services are private facilities.

The sidewalk improvements were made to bring the pedestrian facilities up to standards. The improvements that are being accepted have been constructed to meet City and all applicable accessibility requirements.

All requir ed 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:

Public Sidewalks: By the City
Public Water Meters: By the City
Sewer: By the property owner
Attachment: Exhibit A - Location Map
Exhibit B - Fully Executed Public Improvement Agreement & Bonds

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(PRIVATE)(PRIVATE)INSTALLED WATER METER (PUBLIC)(PUBLIC)Sheet 1 of 2

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(PRIVATE)(PRIVATE)INSTALLED WATER METER (PUBLIC)(PUBLIC)Sheet 2 of 2

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Contract No.: 2o20 - 231
Approval Date: 2J1// 2. 20 #" 10

PUBLIC IMPROVEMENT AGREEMENT
by and between

CITY OF CHINO
and
INLAND EMPIRE LAND DEVELOPMENT 2, LLC
SITE APPROVAL 96- 09 ( RI)
01225. 0006/ 367559. 2 Updated 11- 2017

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Final Acceptance of Public Improvements - Site Approval Packet Pg. 78

PUBLIC IMPROVEMENT AGREEMENT BETWEEN

THE CITY OF CHINO
AND
INLAND EMPIRE LAND DEVELOPMENT 2, LLC
Agreement Date: February 4th, 2020
Developer: Inland Empire Land Development 2, LLC
Project Description: May 1997, the Chino Planning Commission originally approved Site Approval 96- 09, and then subsequently approved an Amendment to Phase 4 of the protect in June 2006. The project consists of four ( 4) industrial buildings totaling 42, 800 square feet of industrial and commercial space on 2. 95 acres located along the east side of Central Avenue, north of Schaefer Avenue.

Project: Site Approval 96- 09 ( R1)
Estimated Total Cost of Improvements: $ 77, 700. 00
Security:

Bond No.: 4428462
Surety: Suretec Insurance Company
01225. 0006/ 367559. 2

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Final Acceptance of Public Improvements - Site Approval Packet Pg. 79
Designees for the Service of Written Notice:

CITY: DEVELOPER:

Chris Magdosku Inland Empire Land Development 2, LLC
City Engineer David Frewing, President
13220 Central Avenue 5480 Schaefer Avenue
Chino, CA 91710 Chino, CA 91710
909) 334- 3417 909) 548- 0644
cmagdosku ac cityofchino. orq david[ c usbowlinq. corn

CITY PROJECT INSPECTOR SURETY
Isaac Ortega Suretec Insurance Company
Permit & Inspection Supervisor
13220 Central Avenue
Chino, CA 91710
909) 334- 3501
iortega a(citvofchino. orq
01225. 0006/ 367559. 2

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Final Acceptance of Public Improvements - Site Approval Packet Pg. 80

TABLE OF CONTENTS

1. Construction Obligations

1. 1 Works of Improvement

1. 2 Other Obligations Referencedin Conditionsof Approval

1. 3 Intent of Plans

1. 4 Survey Monuments

1. 5 Performance of Work

1. 6 Changes in the Work

1. 7 Defective Work

1. 8 No Warranty by City

1. 9 Authority of the City Engineer

1. 10 Documents Available at the Site

1. 11 Inspection

1. 12 Compliance with Law; Applicable Standards for Improvements

1. 13 Suspension of Work

1. 14 Erosion and Dust Control and Environmental Mitigation

1. 15 Final Acceptance of Works of Improvement

1. 16 Vesting of Ownership

1. 17 Developer' s Obligation to Warn Public During Construction

1. 18 Injuryto PublicImprovements, PublicPropertyor PublicUtility

2. Time for Performance

2. 1 Commencement and Completion Dates

2. 2 Phasing Requirements

2. 3 Force Majeure

2. 4 Continuous Work

3. Labor

3. 1 Labor Standards

3. 2 Nondiscrimination

3. 3 Licensed Contractors

3. 4 Workers' Compensation

4. Security

4. 1 Required Security

4. 2 Form of Security Instruments

4. 3 Developer' s Liability

4. 4 Letters of Credit

4. 5 Release of Security Instruments
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5. Cost of Construction and Provision of Inspection Service

5. 1 Developer Responsible for All Related Costs of Construction

5. 2 Paymentto Cityfor Costof RelatedInspectionandEngineeringServices

5. 3 Payment of Development Impact Fees

6. Acceptance of Offers of Dedication

7. Warranty of Work

8. Default

8. 1 Default by Developer

8. 2 Remedies

8. 3 Notice of Violation

8. 4 Remedies Not Exclusive

8. 5 Attorney's Fees and Costs

8. 6 Waiver

9. Indemnity/ Hold Harmless

10. Developer's Indemnity of ProjectApproval

11. Insurance Requirements

12. Environmental Warranty

13. General Provisions

13. 1 Successors and Assigns

13. 2 No Third- Party Beneficiaries

13. 3 No Vesting Rights

13. 4 Developer is Not Agent of City

13. 5 Time of the Essence

13. 6 Notices

13. 7 No Apportionment

13. 8 Severability

13. 9 Captions

13. 10 Incorporation of Recitals

13. 11 Interpretation

13. 12 Entire Agreement; Waivers and Amendments

13. 13 Counterparts

14. Authority
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PUBLIC IMPROVEMENT AGREEMENT
THIS PUBLIC IMPROVEMENT AGREEMENT ( this " Agreement") is entered into this4thdayof February, 2020, by and betweenthe CITYOF CHINO, a municipalcorporation, organizedandexistingin the Countyof SanBernardino, underand by virtueof the lawsof the State of California, (" CITY"), and INLAND EMPIRE LAND DEVELOPMENT 2, LLC DEVELOPER").

RECITALS
A. Developer is the owner of certain real property located in the City of Chino, County of San Bernardino, State of California ( the " Property"), as depicted on Exhibit " A", which Developer proposes to develop and construct certainworks of improvement thereon, as hereafter set forth.

B. Developer has applied for and received conditional approval from the City to constructfour (4) industrial buildings totaling 42,800 square feet of industrial and commercial space on 2.95 acres located along the east side of Central Avenue, north of Schaefer Avenue the " Project").

C. The City desires to assure that said improvements proposed for the Project will be constructed in a good workmanlike manner and in accordance with all applicable laws, statues, ordinances, resolutions and regulations now in force and effect in the City of Chino and the State of California, all of which are incorporated herein.

D. The Developer acknowledgesfamiliaritywith the various requirements for public improvements contained in the Chino Municipal Code and agrees to comply therewith.

COVENANTS
Based upon the foregoing Recitals which are incorporated herein by reference and in consideration of City's site plan or other entitlements for the Property and permitting development of the Property to proceed, Developer agrees to timely perform all of its obligations as set forth herein.

1. Construction Obligations.

1. 1. Works of Improvement. Developer agrees, at its sole cost and expense, to construct or install, or cause to be constructed or installed the street, drainage, domestic water, sanitary sewer, street lighting, landscaping, utility, and other improvements more fully described as Exhibit " B" attached hereto ( the " Works of Improvement"), as the same may be supplemented and revised from time to time as set forth in this Agreement ( said plans and specifications, together with all related documents, the " Plans"). The estimated construction cost for the Works of Improvement is $ 77, 700. 00.

1. 2. Other Obligations Referenced in Conditions of Tentative Map Approval. In addition to the foregoing, Developer shall satisfy all of the other Conditions associated with the Project and the Property. The Conditions associated with the Map are included in the Engineer' s Cost Estimate Exhibit " B" attached hereto. 01225. 0008/ 367559. 2 1 of 19

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1. 3. Intent of Plans. The intent of the Plans referenced in Section 1.1 is to prescribe a completeworkof improvementwhich Developershallperformor causeto be performedin a manner acceptable to the City Engineer, ( or designee), and in full compliance with all codes and the terms of this Agreement. Developer shall complete a functional or operable improvementor facility, eventhoughthePlansmaynotspecificallycalloutall itemsof work required for Developer' s contractor to complete its tasks, incidental appurtenances, materials, and the like. If anyomissionsaremadeor informationnecessaryto carryoutthefull intent and meaning of the Plans, Developer or its contractor shall immediately notify its design engineer who will seek approval of the City Engineer for furnishing of detailed instructions. In theeventof anydoubtor questionarisingregardingthetruemeaningof anyof the Plans, referenceshallbe madeto the CityEngineerwhosedecisionthereonshall befinal.

Developer recognizes that the Plans consist of general drawings. All authorized alterationsaffectingthe requirementsand informationgivenon the Plansshall be in writing and approved by the City Engineer. The Plans shall be supplemented by such working or shop drawings as are necessary to adequately control the work. Without the City Engineer' s priorwrittenapproval, no changeshall be madeby Developeror its contractorto any plan, specification, orworkingor shopdrawingafterit hasbeenstampedas approved.

1.4. Performance of Work. Developer shall furnish or cause to be furnished all materials, labor, tools, equipment, utilities, transportation, and incidentals required to perform Developer' s obligations under this Agreement.

1. 5. Chances in the Work. The City Engineer, without invalidating this Agreement andwithoutnotificationto any of the suretiesor financialinstitutionsreferencedin Paragraph 4, mayorderextraworkor maymakechangesbyalteringordeletinganyportionoftheWorks of Improvementas specified herein or as deemed necessaryor desirable by the City Engineer as determinednecessaryto accomplishthe purposesof this Agreementand to protectthe publichealth, safety, or welfare. The City Engineershall notify Developeror its contractorin writing (by CorrectionNotice) at the timea determinationhasbeenmadeto requirechangesin the work. No field changesperformedor proposedby Developeror its contractorshall be bindingon Cityunlessapprovedin writingby the City Engineer. The City and Developermay mutually agree upon changes to the Works of Improvement, subject to the security requirements in Section 4.

1.6. Defective Work. Developer shall cause its contractor to repair, reconstruct, replace, or otherwise make acceptable any work found by the City Engineer to be defective.

1. 7. No Warranty by City. The Plans for the Works of Improvement have been preparedbyor on behalfof Developeror itsconsultantsor contractors, andCitymakesno representationor warranty, express or implied, to Developeror to any other person regarding the adequacyof the Plans or relateddocuments.

1. 8. Authority of the City Enaineer. In addition to the authority granted to the City Engineerelsewhere in this Agreement, the City Engineershall have the authority to decide all questionswhichmayariseasto thequalityandacceptabilityof materialsfurnishedandwork performed, andallquestionsas to thesatisfactoryandacceptablefulfillmentof thetermsof this Agreement by Developer and its contractor.
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1. 9. Documents Available at the Site. Developer shall cause its contractor to keep a copyofallapprovedPlansatthejobsiteandshallgiveaccesstheretototheCity'sinspectors and engineers at all times.

1. 10. Inspection. Developer shall have an authorized representative on the job site at alltimesduringwhichworkis beingdonewhohasfullauthorityto actfor Developer, orits design engineer, and Developer' s contractor( s) regarding the Works of Improvement.

Developershall cause its contractorto furnish the City with every reasonablefacility for ascertainingwhetheror nottheWorksof Improvementas performedare in accordancewith the requirements and intent of this Agreement, including the Plans. If the City inspector requestsit, the Developer's contractor, at any time before acceptanceof the Works of Improvement, shall removeor uncoversuchportionsof the finishedwork as may be directed which have not previously been inspected. After examination, the Developer' s contractor shall restore said portions of the work to the standards required hereunder. Inspection or supervisionbytheCityEngineer (ordesignee) shallnotbeconsideredasdirectcontrolofthe individual workmen on the job site. City's inspectorsshall havethe authorityto stopany and all work not in accordancewith the requirementscontainedor referenced in this Agreement.

The inspectionof the work by City shall not relieveDeveloperor its contractorof any obligationsto fulfill this Agreement as herein provided, and unsuitable materials or work may berejectednotwithstandingthatsuchmaterialsorworkmayhavebeenpreviouslyoverlooked or accepted.

1. 11. Compliance with Law; Applicable Standards for Improvements. In addition to the expressprovisionsofthisAgreementandthePlans, Developershallcauseconstructionofthe Works of Improvementto be completed in accordancewith all other applicable federal, state, and local laws, ordinances, rules and regulations. In addition, without limiting the foregoing, the Developershall, at its expense, obtain and complywith the conditions of all necessary permits and licenses for the construction of the Works of Improvement. The Developer shall also give allnecessarynoticesandpayallfeesandtaxesas requiredby law.

Developer shall construct the improvements in accordance with the City standards in effect at the time of the adoption of this Agreement. City reserves the right to protect the public safetyorwelfareor complywithapplicableFederalor Statelawor Cityzoningordinances.

1. 12. Suspension of Work. The City Engineershall have authority to order suspension of the work for failure of the Developer's contractor to comply with law pursuant to Section

1. 12. In case of suspension of work for any cause whatsoever, Developer and its contractor shall be responsible for all materials and shall store them properly if necessary, and shall providesuitableinterimdrainageand/ordustcontrolmeasures, anderecttemporarystructures where necessary.

1. 13. Erosion and Dust Control and Environmental Mitigation. All grading, landscaping, and constructionactivitiesshall be performedin a mannerto control erosion and prevent flooding problems. The City Engineershall havethe authorityto requireerosionplans to prescribereasonablecontrolsonthemethod, manner, andtimeof grading, landscaping, and construction activities to prevent nuisances to surrounding properties. Plans shall include without limitation temporary drainage and erosion control requirements, dust control procedures, restrictions on truck and other construction traffic routes, noise abatement 01225. 0008/ 367559. 2 3 of 19

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procedures, storage of materials and equipment, removal of garbage, trash, and refuse, securingthejob siteto preventinjury, andsimilarmatters.

1. 14. Final Acceptance of Works of Improvement. After Developer' s contractor has completedalloftheWorksof Improvement, Developershallthenrequesta finalinspectionof the work. IfitemsarefoundbytheCity's inspectorstobeincompleteornotincompliancewith thisAgreementor anyoftherequirementscontainedor referencedherein, Citywillinformthe Developeror its contractorof such items. After the Developer's contractorhas completed theseitems, theprocedureshallthenbethesameasspecifiedabovefortheDeveloper's contractor' s initial request for final inspection. If items are found by City's inspectors to be incomplete or not in compliance after two ( 2) " final" inspections, the City may require the Developeror its contractor, as a conditionto performingfurtherfield inspections, to submitin writinga detailedstatementof theworkperformedsubsequentto thedateof theprevious inspection which was found to be incomplete or not in compliance at that time. Developer shall beresponsibleforpaymentto CityEngineerof re-inspectionfeesin theamountnecessaryto covertheCity'scostsforadditionalfinalinspections, asdeterminedbytheCityEngineer.

No inspectionor acceptancepertainingto specificpartsof the Works of Improvement shallbeconstruedas finalacceptanceof any partuntiltheoverallfinalacceptanceby the City Engineerismade. TheCityEngineershallmakea certificationof completionandacceptance ontheWorksof Improvementbyrecordationofa NoticeofAcceptanceon behalfoftheCity.

Final acceptanceshall not constitutea waiver by the City Engineer of defective work subsequently discovered.

The date on whichthe Worksof Improvementwill be consideredas completeshallbe the date of the Notice of Acceptance.

1.15. Vesting of Ownership. Upon recordationof the Notice of Acceptance, ownership of the Works of Improvement shall vest in the City.

1.16. Developer's Obligationto Warn PublicDuringConstruction. Until recordationof the Noticeof Acceptance, Developershall givegood and adequatewarningto the publicof anydangerousconditionoftheWorksofImprovements, andshalltakereasonableactionsto protect the public from such dangerous condition. Until recordation of the Notice of Acceptance, Developer shall provide forty-eight ( 48) hours' advance written notice to all neighboringpropertyownersandtenantsaffectedbyDeveloper'soperationsorconstructionof the hours, dates and duration of any planned constructionactivities.

1.17. Iniuryto PublicImprovements, PublicPropertyor PublicUtility. Untilrecordation of the Notice of Acceptance of the Works of Improvement, Developer assumes responsibility for the careand maintenanceof, and anydamageto, the Worksof Improvements. Developer shall replaceor repairall Works of Improvements, publicproperty, publicutilityfacilities, and surveyingorsubdivisionmonumentsandbenchmarkswhicharedestroyedordamagedfor any reason, regardless whether resulting from the acts of the Developer, prior to the recordation of the Notice of Acceptance. Developer shall bear the entire cost of such replacementor repairs regardless of what entity owns the underlying property. Any repair or replacementshall be to the satisfaction, and subjectto the approval, of the City Engineer. 01225. 0008/ 367559. 2 4 of 19

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Neitherthe City, nor any officeror employeethereof, shall be liableor responsiblefor any accident, loss or damage, regardless of cause, occurring to the work or Works of Improvementspriorto recordationof the NoticeofAcceptanceof theworkor improvements.

2. Time for Performance.

2. 1. Commencement and Completion Dates. Subject to Sections 2. 2 and 2. 3 below, Developer shall ( i) commence with construction and installation of the Works of Improvement thirty ( 30) days following City' s approval of the Plans (" Commencement Date"); and ( ii) complete or cause to be completed all of the Works of Improvement within two ( 2) years after the Commencement Date. In the event good causeexists as determined by the City Engineer, the time for commencement of construction or completion of the Works of Improvement hereundermaybeextendedby upto three (3) additionaloneyearperiods. Extensionsshallbe executed in writing by the City Engineer. The City Engineer in his or her sole discretion determines whether or not the Developer has established good cause for an extension. As a conditionof such extension, the City Engineer may require Developer to furnish new security guaranteeing performance of this Agreement, as extended, in an increased amount to compensatefor any increasein constructioncosts as determinedby the City Engineer. If Developer requests and is granted an extension of time for completion of the improvements, City may apply the standards in effect at the time of the extension.

2. 2. Phasing Reauirements. Notwithstanding the provisions of Section 2. 1, the City reserves the right to control and regulate the phasing of completion of specific Works of Improvement as required to comply with applicable City ordinances, regulations, and rules relating to the timely provision of public services and facilities. In addition to whatever other remedies the City may have for Developer's failure to satisfy such phasing requirements, as the same now exist or may be amended from time to time, Developer acknowledges City's right to withhold the issuance of further building permits on the Property until such phasing requirements are satisfied. Prior to issuance of building permits, Developer shall provide satisfactory evidence that all applicable requirements that are a condition to issuance of buildingpermitshave been satisfied. Such requirementsmay includethe paymentof fees, construction of improvements, or both. Final inspections or issuance of Certificates of Occupancymay be withheldfrom the Developerby the City, if, upon a determinationby the CityEngineer, completionof specificWorksof Improvementsor otherrequirementsassociated with the development of the Property have not been completed to the City Engineer's satisfaction.

2. 3. Force Maieure. Notwithstanding the provisions of Section 2. 1, Developer' s time for commencement and completion of the Works of Improvement shall be extended for the periodof anyenforceddelaycauseddueto circumstancesbeyondthe controlandwithoutthe fault of Developer, including to the extent applicable adverse weather conditions, flood, earthquakes, strikes, lockouts, acts or failures to act of a public agency ( including City), required changes to the scope of work required by City, and similar causes; provided, however, that the periodof any enforceddelayhereundershall not includeany periodlonger than five (5) days prior to City's receipt of a written notice from Developer or its contractor detailing the grounds for Developer's claim to a right to extend its time for performance hereunder. The City Engineer shall evaluate all claims to Force Majeure and the City Engineer' s decision shall be final.
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2. 4. Continuous Work. After commencement of construction of the Works of Improvement ( or separate portion thereof), Developer shall cause such work to be diligently pursuedto completion, and shallnot abandonthe workfor a consecutiveperiodor morethan thirty (30) days, events of Force Majeure excepted.

3. Labor.

3. 1. Labor Standards. This Agreement is subject to, and Developer agrees to comply with, all of the applicableprovisionsof the LaborCodeincluding, but not limitedto, the wage and hour, prevailing wage, worker compensation, and various other labor requirements in Division 2, Part 7, Chapter 1, including section 1720 to 1740, 1770 to 1780, 1810 to 1815, 1860 to 1861, which provisions are specifically incorporated herein by reference as set forth herein in their entirety. Developer shall expresslyrequire compliance with the provisions of this Section in all agreements with contractors and subcontractors for the performance of the Works of Improvement.

3. 2. Nondiscrimination. In accordance with the California Fair Employment and Housing Act (" FEHA"), California Government Code Section 12940 et seq., Developer agrees that Developer, its agents, employees, contractors, and subcontractor performing any of the Works of Improvementshall not discriminate, in any way, against any person on the basis of race, ethnicity, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Developer shall expressly require compliance with the provisions of this Section in all agreements with contractorsand subcontractorsfor the performanceof this Agreement.

3. 3. Licensed Contractors. Developer shall cause all of the Works of Improvement to be constructedby contractors and subcontractorswith valid California Contractors' licenses for the type of work being performed. All of Developer' s contractors and subcontractors shall obtain a valid City of Chino business license prior to performing any work pursuant to this Agreement. Developer shall provide the City Engineer with a list of all of its contractors and subcontractors prior to initiating any work, and all valid Contractor's licenses and business licenses issued thereto as a condition of constructing the Works of Improvements.

3. 4. Worker' s Compensation. Developer shall cause every contractor and subcontractorperforming any of the Works of Improvementto carry Workers' Compensation Insuranceas required by the Labor Code of the State of California and shall cause each such contractor and subcontractor to submit to City a Certificate of Insurance verifying such coverageprior to such contractor or subcontractorenteringonto the job site.

4. Security.

4. 1. Required Security.
a) At the time Developer executes this Agreement, Developer shall furnish to City the following bonds, letters of credit, instruments of credit ( assignment of deposit account) or other security acceptable to City in its sole and absolute discretion and satisfying the requirements of the applicable provisions of this Section 4 below ( hereinafter" Security Instruments"):
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i) A SecurityInstrumentsecuringDeveloper's faithfulperformanceof all of the Works of Improvement (" Faithful Performance Security Instrument"), in the amount of $ 77, 700. 00 equal to 100% of the estimated constructioncost referencedin Section 1.1.
ii) A Security Instrumentguaranteeingthe paymentto contractors, subcontractors, and other persons furnishing labor, materials, and/ or equipment (" Labor and Materials Security Instrument") with respect to the Works of Improvement in an amount equal to 38, 900. 00 equal to 50% of the estimated construction cost referenced in Section 1. 1.

This Agreement shall not be effective for any purpose until such Security Instrumentsare supplied to and approvedby City in accordance herewith. b) Required Security Instrument for Maintenance and Warranty. Prior to the City Council's acceptanceof the Worksof Improvementand recordationof a Notice of Completion, Developer shall deliver a Security Instrument warranting the work accepted for a period of one ( 1) year following said acceptance Maintenance and Warranty Security Instrument"), in the amount of $ 7. 800. 00 equal to 10% of the estimated construction cost set forth in Section 1.1 or a suitable amount determined by the City Engineer.

4. 2. Form of Security Instruments. All Security Instruments shall be in the amounts required under Section 4. 1 ( a) or 4. 1( b), as applicable, shall meet the following minimum requirementsand otherwise shall be in a form provided by City or otherwise approved by the City Attorney:
a) Bonds. ForSecurityInstrumentsprovidedin the form of bonds, anysuch bond must be issued and executed by an insurance company or bank authorized to transactsurety businessin the Stateof California. Any insurancecompany actingas suretyshallhavea minimumratingof A-IX, as ratedby the current editionof Best's KeyRatingGuidepublishedbyA.M. Best's Company, Oldwick, NewJersey, 08858. Anybankactingas suretyshallhavea minimumratingof AA, as rated by Moody' s or Standard & Poor' s.
b) Letters of Credit. ForSecurityInstrumentswhichare lettersof credit, any letter of credit shall be an original separate unconditional, irrevocable, negotiable and transferablecommercialletterof creditissuedby a financialinstitutionwith offices in the State of California acceptable to City. Any such letter of credit shall specificallypermitCityto drawonsameby unilateralcertificationof theCity Engineer of the City that Developeris in default under its payment or performanceobligationshereunderor in theeventDeveloperfailsto delivera replacement letter of credit not less than thirty ( 30) days prior to the date of expirationof anysuchletterof creditandshallfurtherbesubjectto the provisions of Section 4. 4.
c) Instrument of Credit. For SecurityInstrumentswhich are Instrumentsof Credit, any Instrumentof Creditshallbe an assignmentof depositaccount 01225. 0006/ 387559. 2 7 of 19

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assigningassecurityto Cityallof Developer's interestinfundsondepositinone or more bank accountswith financial institutionsacceptable to City. d) General Reauirements for all Security Instruments. i) Paymentsunderany SecurityInstrumentsshall be requiredto be made (and, with respect to bonds, litigation shall be required to be instituted and maintained) in the City of Chino, State of California and the Security Instrumentshall so provide).
ii) Each Security Instrument shall have a minimum term of one ( 1) yearafterthe deadlinefor Developer's completingthe Worksof Improvement, in accordance with Section 2. 1 ( other than Instruments of Credit, which shall have no defined term or expiration date).
iii) Each Security Instrumentshall provide that changes may be made in the Works of Improvement pursuant to the terms of this Agreement without notice to any issuer or surety and without affectingthe obligationsundersuchSecurityInstrument.
iv) If the Developerseeksto replace any security with another security, the replacement shall: ( 1) comply with all the requirements for security in this Agreement; ( 2) be provided by the Developer to the City Engineer; and ( 3) upon its written acceptance by the City Engineer, be deemed a part of this Agreement. Upon the City Engineer' s acceptance of a replacement security, the former security may be releasedby the City.

4. 3. Developer' s Liability. While no action of Developer shall be required in order for Cityto realizeon its securityunderany SecurityInstrument, Developeragreesto cooperate withCitytofacilitateCity's realizationunderanySecurityInstrument, andto takenoactionto preventCityfromsuchrealizationofanySecurityInstrument. Notwithstandingthegivingofany SecurityInstrumentor thesubsequentexpirationofanySecurityInstrumentor anyfailureby anysuretyorfinancialinstitutiontoperformitsobligationswithrespectthereto, Developershall bepersonallyliableforperformanceunderthisAgreementandforpaymentofthecostofthe labor and materials for the improvements required to be constructed or installed hereby and shall, within ten (10) days after written demand therefor, deliver to City such substitute security asCityshallrequiresatisfyingthe requirementsin thisSection4.

4. 4. Letters of Credit.
a) In the event a letter of credit is given pursuant to Section 4. 2( b), City shall be entitledto draw on any such letterof creditif a replacementletter of credit expiring in not less than one ( 1) year, unlessCity agreesto a lesserterm in City's soleandabsolutediscretion) isnotdeliverednotlessthanthirty (30) days priorto theexpirationoftheoriginalletterof credit, suchsubstituteletterof credit beinginthesameamountandhavingthetermsandconditionsastheinitialletter 01225. 0006/ 367559. 2 8 of 19

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of creditdeliveredhereunder, issuedby a financialinstitutionacceptableto City as of the date of delivery of the replacementletter of credit. b) In the eventof drawbythe Cityon a letterof credit, the Citymayelect, in its sole and absolute discretion, to apply any such funds drawn to the obligations securedby such letterof creditor to hold suchfunds in an accountunderthe control of the City, with no interestaccruingthereon for the benefit of the Developer. If the City electsto hold the funds in an accountpursuantto the foregoing, Citymaythereafterat anytimeelectinsteadto applysuchfundsas provided in the foregoing. Developeragrees and hereby grants City a security interest in such account to the extent required for City to realize on its interests therein, and agrees to execute and deliver to City any other documents requestedby City in order to evidencethe creation and perfectionof City's security interest in such account.

4. 5. Release of Security Instruments. The City shall release all Security Instruments consistent with Government Code Sections 66499. 7 and 66499. 8, Section 19. 09. 010 of the Chino Municipal Code, and as follows:
a) City shall releasethe FaithfulPerformanceSecurityInstrumentand Labor andMaterialsSecurityInstrumentwhenallof thefollowinghaveoccurred:
i) Developer has made written request for release and provided evidence of satisfaction of all other requirements in this Section 4.5; ii) the Works of Improvement have been accepted;
iii) Developer has delivered the Maintenance and Warranty Security Instrument; and
iv) after passageof the time within which lien claims are required to be madepursuantto Title 3 (commencingwith Section9000) of Part 6 of Division 4 of the Civil Code of the State of California. If lien claims have been timely filed, City shall hold the Labor and MaterialsSecurityInstrumentuntilsuchclaimshavebeenresolved, Developer has provided a statutory bond, or otherwise as required by applicable law.
b) Cityshall releasethe MaintenanceandWarrantySecurityInstrumentupon Developer' s written request upon the expiration of the warranty period, and settlement of any claims filed during the warranty period. c) The City may retainfrom any securityreleased, an amountsufficientto cover costs and reasonable expenses and fees, including reasonable attorney' s fees.

5. Cost of Construction and Provision of Inspection Service.

5. 1. Developer Responsible for All Costs of Construction. Developer shall be responsibleforpaymentof all costsincurredfor constructionandinstallationof theWorksof 01225. 0008/ 387559. 2 9 of 19

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Improvement. In the event Developer is entitled to reimbursement from City for any of the Works of Improvement, such reimbursement shall be subject to a separate Reimbursement Agreementto be entered into between Developerand City prior to construction of the Works of Improvement.

5. 2. Payment to City for Cost of Related Inspection and Engineering Services.

Developer shall compensate City for all of City's costs reasonably incurred in having its authorized representative make the usual and customary inspections of the Works of Improvement. In addition, Developer shall compensate City for all design, plan check, evaluating any proposed or agreed- upon changes in the work. The procedures for deposit and paymentof such fees shall be as establishedby the City. In no event shall Developerbe entitled to additional inspections or a final inspection and acceptance of any of the Works of Improvementuntil all City fees and charges have been fully paid, including without limitation, charges for applicable penalties and additional required inspections.

5. 3. Payment of Development Impact Fees. Developer shall pay Development Impact Feespursuantto and in accordancewith ChinoMunicipalCode Chapter3.40 and Chapter

3. 45, as applicable.

6. Acceptance of Offers of Dedication. The City Council shall pass as appropriate resolution or resolutions accepting all offers of dedication shown on the approvals for the Project, with acceptance to become effective upon completion and acceptance by City of the Works of Improvement.

7. Warranty of Work. Developer shall guarantee all Works of Improvement against defective materials and workmanship for a period of one ( 1) year from the date of final acceptance. If any of the Works of Improvementshould fail or prove defective within said one 1) year period due to any reason other than improper maintenance, or if any settlement of fill or backfill occurs, or should any portion of the Works of Improvement fail to fulfill any requirements of the Plans, Developer, within fifteen ( 15) days after written notice of such defects, or within such shorter time as may reasonablybe determined by the City in the event of emergency, shall commence to repair or replace the same together with any other work which may be damaged or displaced in so doing. Should Developer fail to remedy defective material and/or workmanship or make replacementsor repairs within the period of time set forth above, City may make such repairs and replacementsand the actual cost of the required labor and materials shall be chargeable to and payable by Developer. The warranty provided herein shall not be in lieu of, but shall be in addition to, any warranties or other obligations otherwise imposed by law.

8. Default.

8. 1. Default by Developer. Default by Developershall include, but not be limited to:
a) Developer' s failure to timely commence construction of Works of Improvement under this Agreement;
b) Developer's failure to timely complete construction of the Works of Improvement;
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c) Developer's failureto performsubstantialconstructionworkfor a periodfor 20 consecutive calendar days after commencement of the work; d) Developer' s insolvency, appointment of a receiver, or the filing of any petitionin bankruptcy, eithervoluntaryor involuntary, which Developerfails to discharge within 30 days;
e) The commencement of a foreclosure action against the Property or a portionthereof, or anyconveyancein lieuor in avoidanceof foreclosure; or f) Developer's failure to performany other obligation under this Agreement.

8. 2. Remedies. The City reservesall remediesavailableto it at law or in equityfor a default or breach of Developer' s obligations under this Agreement. The City shall have the right, subject to this Section, to draw upon or use the appropriate security to mitigate the City' s damagesin the event of default by Developer. The City's right to draw upon or use the security is in additionto anyotherremedyavailableto City. Thepartiesacknowledgethatthe estimated costsandsecurityamountsmaynotreflecttheactualcostof constructionof the improvements and, therefore, City's damagesfor Developer's default shall be measuredby the cost of completingthe required improvements. The City may use the sums provided by the securities for the completion of the Works of Improvement in accordance with the plans. In the event the Developerfailsto cureany defaultunderthisAgreementwithin20 daysafter the Citymailsa notice of such default to the Developer and the Developer' s surety, Developer authorizes the City to perform the obligation for which Developer is in default and agrees to pay the entire cost of such performance by the City. The City may take over the work and complete the Works of Improvement, by contract or by any other method City deems appropriate, at the expense of the Developer. In such event, City, without liability for doing so, may complete the Works of Improvement using any of Developer' s materials, appliances, plans and other propertythat are at the work site and that are necessaryto complete the Works of Improvement.

8. 3. Notice of Violation. The Developer' s failure to comply with the terms of this Agreement constitutes Developer' s consent for the City to file a notice of violation against the Property.

8. 4. Remedies Not Exclusive. In any case where this Agreement provides a specific remedyto Cityfor a defaultby Developerhereunder, the Developeragreesthat the choiceof remedyor remediesfor Developer's breachshallbe in the discretionof the City. Additionally, anyremedyspecificallyprovidedinthisAgreementshallbein additionto, andnotexclusiveof, City's rightto pursueany other administrative, legal, or equitableremedyto which it may by entitled.

8. 5. Attornev' s Fees and Costs. In the event that Developer fails to perform any obligation under this Agreement, Developer agrees to pay all costs and expenses incurred by City in securing performance of such obligations, including costs of suit and reasonable attorney' s fees. In the event of any dispute arising out of Developer's performance of its obligations under this Agreement or under any of the Security Instruments referenced herein, the prevailingpartyin such action, in additionto anyother reliefwhich may be granted, shall be entitled to recover its reasonable attorney' s fees and costs. Such attorney' s fees and cost 01225. 00061367559. 2 11 of 19

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shall include fees and costs on any appeal, and in addition a party entitled to attorney's fees and costs shall be entitled to all other reasonable costs incurred in investigating such action, taking depositions and discovery, retaining expert witnesses, and all other necessary and related costs with respect to the litigation. All such fees and costs shall be deemed to have accrued on commencement of the action and shall be enforceable whether or not the action is prosecuted to judgment.

8. 6. Waiver. No waiver by the City of any breach or default by the Developer shall be consideredvalid unless in writing, and no such waiver by the City shall be deemed a waiver of any subsequent breach or default by the Developer.

9. Indemnity/Hold Harmless. City or any officer, employee or agent thereof shall not be liable for any injury to persons or property occasioned by reason of the acts or omissions of Developer, its agents, employees, contractors and subcontractors in the performance of this Agreement. Developer further agrees to protect, defend, indemnify and hold harmless City, its officials, boards and commissions, and members thereof, agents, and employees from any and all claims, demands, causes of action, liability or loss of any sort, because of, or arising out of, acts or omissions of Developer, its agents, employees, contractors and subcontractors in the performance of this Agreement, except for such claims, demands, causes of action, liability or loss arising out of the sole active negligence of the City, its officials, boards, commissions, the members thereof, agents and employees, including all claims, demands, causes of action, liability or loss because of or arising out of, in whole or in part, the design or construction of the improvements. This indemnification and agreement to hold harmless shall extend to injuries to persons and damages or taking of property resulting from the design or constructionof said Project, and the public improvementsas provided herein, and in addition, to adjacent property owners as a consequenceof the diversion of waters from the design and constructionof public drainage systems, streets and other improvements. Recordation of the Notice of Acceptance by the City of the Works of Improvements shall not constitute an assumptionby the City of any responsibilityfor any damage or taking covered by this Section.

City shall not be responsible for the design or construction of the property to be dedicated or the improvements pursuant to the approved improvement plans or map, regardless of any negligent action or inaction taken by the City in approving the plans or map, unless the particular improvement design was specifically required by City over written objection by Developer submitted to the City Engineer before approval of the particular improvement design, which objection indicated that the particular improvement design was dangerous or defective and suggested an alternative safe and feasible design.

After recordation of the Notice of Acceptance, the Developer shall remain obligated to eliminateany latent defect in design or dangerouscondition caused by the design or construction defect; however, Developer shall not be responsible for routine maintenance. The provisionsof this paragraph shall remain in full force and effect for ten (10) years following the recordation of the Notice of Acceptance by the City of the Works of Improvements. It is the intent of this section that Developer shall be responsible for all liability for design and constructionof the improvements installed or work done pursuant to this Agreement and that City shall not be liable for any negligence, nonfeasance, misfeasance or malfeasance in approvingor reviewingany work or construction. The improvementsecurity shall not be requiredto cover the provisions of this Paragraph.
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Developer shall reimburse the City for all costs and expenses, including but not limited to fees and charges of architects, engineers, attorneys, and other professionals, and court costs, incurredby City in enforcing this Section.

10. Developer' s Indemnity of Project Approval. Developer shall defend, indemnify, and hold harmless the City and its agents, officers, and employees from any claim, action, or proceedingagainst the City or its agents, officers, or employees to attack, set aside, void, or annul, an approval of the City, advisory agency, appeal board, or legislative body concerning the Project. The City shall promptly notify the Developer of any claim, action, or proceeding and cooperatefully in the defenseof any suchclaim, action, or proceeding. In the eventCity failsto promptlynotifythe Developerof anyclaim, action, or proceeding, or if the Cityfailsto cooperate in the defense, the Developer shall not thereafter be responsible to defend, indemnify, or hold harmless the City. Nothing in this Section prohibits the City from participatingin the defense of any claim, action, or proceeding if City bears its own attorney's fees and costs and defends the action in good faith. Developer shall not be required to pay or performany settlement unless the settlement is approvedby the Developer.

11. Insurance Requirements. Developer, at Developer' s sole cost and expense and for the full term of this Agreement and any extensions thereto, shall obtain and maintain all of the followingminimuminsurance requirementsin a form approved by the City's authorized designeefor Risk Management prior to commencingany work:
a) Commercial General Liability policy with a minimum $ 1 million combined single limit for bodily injury and property damage providing all of the following minimum coverage without deductibles:
i) Premises operations; including X, C, and U coverage; ii) Owners' and contractors' protection;
iii) Blanket contractual;
iv) Completed operations; and
v) Products.
b) Commercial Business Auto policy with a minimum $ 1 million combined single limitfor bodilyinjuryand propertydamage, providingall of the following minimum coverage without deductibles:
i) Coverage shall apply to any and all leased, owned, hired, or non- owned vehicles used in pursuit of any of the activities associated with this Agreement; and
ii) Any and all mobile equipment including cranes which are not covered under the above Commercial Business Auto policy shall have said coverage provided under the Commercial General Liability policy.
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c) Workers Compensation and Employers' Liability policy in accordance with the laws of the State of California and providing coverage for any and all employees of the Developer:
i) This policy shall provide coverage for Workers' Compensation Coverage A); and
i) This policy shall provide coverage for $ 1, 000, 000 Employers' Liability (CoverageB).
ii) Pursuant to Labor Code section 1861, Developer by executing this Agreement certifies: " I am aware of the provisions of Section 3700 of the Labor Code which requires 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."
iii) Prior to commencement of work, the Developer shall file with the City's Risk Managera Certificateof Insuranceor certificationof permission to self-insureworkers' compensation conforming to the requirements of the Labor Code.
d) Endorsements. All of the following endorsements are required to be made a part of each of the above-requiredpoliciesas stipulated below:
i) " The City of Chino, its officers, employees and agents are hereby added as additional insureds."
ii) " This policy shall be considered primary insurance with respect to any other valid and collectibleinsurancethe City may possess, including any self- insured retention the City may have and any other insurance the City does possess shall be considered excess insurance only."
iii) " This insurance shall act for each insured and additional insured as though a separate policy has been written for each. This, however, will not act to increase the limit of the insuring company." iv) " Thirty (30) dayspriorwrittennoticeof cancellationshallbegivento the City of Chinoin the eventof cancellationand/or reductionin coverage, except that ten ( 10) days prior written notice shall apply in the event of cancellation for non- payment of premium." Such notice shall be sent to the Risk Manager at the address indicated in Subsection f below.
v) Subsection d( iv) hereinabove " Cancellation Notice" is the only endorsement required of the Workers' Compensation and Employers' Liability policy.
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e) Admitted Insurers. All insurance companies providing insurance to the Developer under this Agreement shall be admitted to transact the business of insurance by the California InsuranceCommissioner.
f) Proof of Coverage. Copies of all required endorsements shall be attached to the Certificate of Insurance which shall be provided by the Developer's insurancecompanyas evidenceof the coveragerequiredhereinandshallbe mailed to:

City of Chino
Risk Management
13220 Central Avenue
Chino, CA 91710

12. Environmental Warranty.

12. 1. Prior to the acceptanceof any dedicationsor Works of Improvementby City, DevelopershallprovideCitywith awrittenwarrantyin a formsubstantiallysimilarto Exhibit "C" attached hereto and incorporated herein by reference, that:
a) Neitherthe propertyto be dedicatednor Developerare in violationof any environmental law, and neither the property to be dedicated nor the Developer are subjectto any existing, pendingor threatenedinvestigationby any federal, state or local governmental authority under or in connection with the environmental laws relating to the propertyto be dedicated. b) Neither Developer nor any other person with Developer's permission to be upon the property to be dedicated shall use, generate, manufacture, produce, or release, on, under, or about the property to be dedicated, any Hazardous Substance except in compliance with all applicable environmental laws. For the purposesof this Agreement, the term "HazardousSubstances" shall meanany substance or material which is capable of posing a risk of injury to health, safety or property, including all those materials and substances designated as hazardous or toxic by any federal, state or local law, ordinance, rule, regulation or policy, including but not limited to, all of those materials and substances defined as " Toxic Materials" in Sections 66680 through 66685 of Title 22 of the California Code of Regulations, Division 4, Chapter 30, as the same shall be amended from time to time, or any other materials requiring remediation under federal, state or local laws, ordinances, rules, regulations or policies. c) Developer has not caused or permitted the release of, and has no knowledge of the release or presence of, any Hazardous Substance on the propertyto be dedicatedor the migrationof any hazardoussubstancefromor to anyotherpropertyadjacentto, or inthevicinityof, the propertyto bededicated. d) Developer's priorandpresentuseof the propertyto be dedicatedhas not resulted in the release of any hazardous substance on the property to be dedicated.
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12.2. Developer shall give prompt written notice to City of:
a) Any proceeding or investigation by any federal, state or local governmental b) authority with respect to the presence of any hazardous substance on the property to be dedicated or the migration thereof from or to any other property adjacent to, or in the vicinity of, the property to be dedicated. c) Any claims made or threatened by any third party against City or the property to be dedicated relating to any loss or injury resulting from any hazardous substance; and
d) Developer' s discovery of any occurrence or condition on any property adjoining or in the vicinity of the property to be dedicated that could cause the property to be dedicated or any part thereof to be subject to any restrictions on its ownership, occupancy, use for the purpose for which it is intended, transferability or suit under any environmental law.

13. General Provisions.

13. 1. Successors and Assigns. This Agreement shall be binding upon all successors and assigns to Developer' s right, title, and interest in and to the Property and any portion thereof. Developer hereby consents to City recording this Agreement as official records of San Bernardino County, affecting fee title interest to the Property to provide constructive notice of the rights and obligations incurred by Developer in the City' s approval of this Agreement. In the event the Property is subsequently conveyed by Developer to a third party prior to completion of the Works of Improvement, whereby the third party is intended to assume Developer' s responsibilities with regard to this Agreement, ( the " Replacement Developer"), the rights and obligations of this Agreement shall transfer to the Replacement Developer; however, the Security Instruments required pursuant to Section 4 of this Agreement, and furnished by Developer as a condition of the City's approval of this Agreement, shall remain Developer' s responsibility to maintain until such time as Developer and its Replacement Developer enter into a Transfer and Assignment of Public Improvement Agreement, ( the " Transfer Agreement"), to acknowledge the transfer of fee title to the Property from the Developer to its Replacement Developer, and to acknowledge the rights and obligations associated with this Agreement upon the Replacement Developer, including Replacement Developer' s responsibility to furnish replacement Security Instruments meeting the City' s approval pursuant to Section 4 of this Agreement. Until such time as a Transfer Agreement, meeting the City's approval, is executed by Developer and its Replacement Developer, and replacement Security Instruments meeting City's approval are furnished by the Replacement Developer, Developer retains sole responsibility for maintaining all Security Instruments required pursuant to Section 4 of this Agreement.

13. 2. No Third Party Beneficiaries. This Agreement is intended to benefit only the parties hereto and their respective successors and assigns. Neither City nor Developer intend to create any third party beneficiary rights in this Agreement in any contractor, subcontractor, member of the general public, or other person or entity. 01225. 00061367559. 2 16 of 19

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13.3. No Vesting Rights. Performanceby the Developer of this Agreement shall not be construed to vest Developer's rights with respect to any change in any zoning or building law or ordinance.

13. 4. Developer is Not Agent of City. Neither Developer nor Developer' s agents, contractors, or subcontractors are agents or contractors of the City in connection with the performanceof Developer's obligations underthis Agreement.

13. 5. Time of the Essence. Time is of the essence of Developer's performanceof all of its obligations under this Agreement.

13. 6. Notices. Unless otherwise specified in this Agreement, all notices required or providedfor under this Agreement shall be in writing and delivered in person or sent by mail, postage prepaid and addressed as provided in this Section. Notice shall be effective on the date is delivered in person, or, if mailed, on the date of deposit in the United States Mail.

Notice shall be provided to the persons listed on Pages 1 and 2 of this Agreement by the parties for this purpose.

Either party may provide a new designated representative and/or address by written notice as provided in this Section.

13.7. No Apportionment. Nothing contained in this Agreement shall preclude City from expending monies pursuant to agreements concurrently or previously executed between the parties, or from entering into agreementswith other Developersfor the apportionment of costs of water and sewer mains, or other improvements pursuant to the provisions of the City ordinancesproviding therefore. Nor shall anything in the Agreement commit City to any such apportionment.

13. 8. Severability. If any portion of this Agreement is held invalid by a court of competentjurisdiction, the remainder of the Agreement shall remain in full force and effect unlessamendedor modified by mutual written consent of the parties.

13.9. Captions. The captions of this Agreementare for convenience and reference only and shall not be used in the interpretation of any provision of this Agreement.

13.10. Incorporation of Recitals. The recitals to this Agreement are hereby incorporated into the terms of this Agreement.

13. 11. Interpretation. This Agreement shall be interpreted in accordance with the laws of the State of California.

13. 12. Entire Agreement: Waivers and Amendments. This Agreement integrates all of the terms and conditions mentioned herein, or incidental hereto, and supersedes all negotiationsand previous agreements between the parties with respect to all or part of the subject matter hereof, except as may be expressly provided herein. All waivers of the provisionsof this Agreement must be in writing and signed by an authorized representative of the party to be charged, and all amendments hereto must be in writing and signed by the appropriate representatives of both parties.
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13.13. Counterparts. This Agreement may be executed in one or more counterparts, all of which taken together shall be deemed one original.

14. Authority,. The persons executingthis Agreement on behalf of the parties warrant the I) 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) the entering into of this Agreement does not violate any provisionsof any other agreementto which said party is bound.

SIGNATURES ON NEXT PAGE]
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IN WITNESSWHEREOF, the City and the Developerhave caused this Agreementto be executed the day and year first above written.

APPROVED AS TO FORM: APPROVED AS TO CONTENT:
rJ
Fred Galante, City Attorney Nicholas S. L • • I, AICP
Development Services Director
INLAND EMPIRE LA DEVELOPMENT 2,
LLC:

By
ig re and Date)
Name: barell ( rrQV Yi
Please type or print ne)
Title: i- v1
Please type or print title)

CITY OF CHINO
Matth a n e, City Manager
Dated: 3. 1'-2-0
ATTEST:

By
Angela obles, City Clerk
Dated: 3 - 11 ' 2 0
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DocuSign Envelope ID: 9EEA5421- CB5C- 464D- 8B5E- F64DE1FD63E0 IN WITNESSWHEREOF, the Cityandthe DeveloperhavecausedthisAgreementto be executed the day and year first above written.

APPROVED AS TO FORM: APPROVED AS TO CONTENT:

DocuSigned by:

NiN)
Fred Galaite, ufrA ttarney NicholasS. LW.. i, AICP
Development Services Director
INLAND EMPIRE LAND DEVELOPMENT 2,
LLC:

Y
S ig re and Date)
Name: itrou vvi
Pleasetype or printnefne)
Title: fl1 LY
Please type or print title)

CITY OF CHINO
MatthewBallantyne, City Manager
Dated:

ATTEST:

By
Angela Robles, City Clerk
Dated:
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CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 loA niTAW ~ F.ct+ AWA oW., ' etc S r ryercr ( cQrekfts? Wr tzmanme». eritsN., vrnt ' WON esvteMicrrrro+v ckWair, At A notarypublic or otherofficercompletingthiscertificateverifiesonlythe identityof the individualwhosignedthe documentto which this certificate Is attached,and not the truthfulness,accuracy,or validity of that document.

State of California
County of A vl a ry 1A rp( i Y1) )
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On 3) 3); p- oa0 before me, DOkirla—T Carrn€ I 1 , MO1
Date Here Insert Name and Title of the Officer
t' Y/personally appeared DAr- O 11 W 1 Y11'
Name( s) of Signer( s)
who proved to me on the basis of satisfactory evidence to be the person whose name ) lefe- bscribed to the within Instrument and acknowledged to me that/ s1R Rs/they executed the same in i 1 gekauthorizedcapacity(lac),andthatb Fi /i herkheitsignatureN)ontheinstrumentthepersoNs), ortheentityuponbehalfof whichtheperson)acted,executedtheInstrument.

I certifyunderPENALTYOFPERJURYunderthe laws
of the State of California that the foregoing paragraph Is true and correct.

WITNESS my hand a iclal seal.

I
DONNA J. CARINELL
I COMM. 1/231001 a Signature

NOTARY PURUC- CALIFORNIA
S nature of Notary Public4%1. I BANBERNARDIiOCOUNTYf
MyComm.Eyba Oct 2f. 2023
Place Notary Seal Above

OPTIONAL
Thoughthissectionis optional, completingthisinformationcandeteralterationof the documentor fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Title or Type of Document: Document Date:

Number of Pages: Signer( s) Other Than Named Above:

Capacity( ies) Claimed by Signer( s)
Signer' s Name: Signer' s Name:

Corporate Officer — Title( s): 0 Corporate Officer — Title( s):
0 Partner — 0 Limited 0 General 0 Partner — 0 Limited 0 General 0 Individual 0 Attorney in Fact 0 Individual Attorney in Fact Trustee 0 Guardian or Conservator 0 Trustee 0 Guardian or Conservator Other: 0 Other:

Signer Is Representing: Signer Is Representing:
02014 National NotaryAssociation• www. NationalNotary.org • 1- 800- US NOTARY( 1- 800-876- 6827) Item# 5907 01225. 0006/ 367559.2

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Ik
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SCHAEFER AVENUE L

10.9.b
Final Acceptance of Public Improvements - Site Approval Packet Pg. 104
EXHIBIT " B"

ENGINEER' S COST ESTIMATE
The Developer shall perform all work and furnish all materials necessary, in the opinion of the Director of Development Services or his designee and on his order, to complete the improvements in accordance with the plans and specifications on file as hereinbeforespecified, or any changes required or ordered by said Engineer which, in his opinion, are necessary or required to complete this work. 01225. 0005/ 367559. 2 B- 1

10.9.b
Final Acceptance of Public Improvements - Site Approval Packet Pg. 105
RESOLUTIONNO2015-078

EXHIBIT C
t

CITY' OF (' VINO
tENGINEERINGCOST

ESTIMATE
PROJECT NO:--'
4-' 111).
1'' I $ Q6 6 A ago
LOCATION: CENTRAL AVENUE- CHINO
By: THIENES ENGINEERING
DATE: 1' 9
Quantity Unit Item Unit Total Cost
Price Per Item

6. PUBLIC IMPROVEMENTS
N/ A LS Traffic Control( 5% of construction cost) 5% $
LS Clear& Grub Site( 5% of construction cost) 5% $
EA Tree Removal 800. 00 $
CY Concrete Removal 300. 00 $
CY AC Pavement Removal 100.00 $
LS Excavation, Clean Materia)( 5% of Construction Cost) 5% $ CY Imported Common Fill( Incl. Compaction) 34. 00 $
SF Preparation of Subgrade 1. 00 $
LF PCC 8" Curb& 24"' Gutter 23. 00 $
LF PCC Curb Only 20. 00 $
LF 8" A. C. Berm 20. 00 S
Iv
SF 8" PCC Cross Gutter 11. 00 $
1, 640
9, 512. 00
SF 4" PCC Sidewalk 5.80 $
1,790ewasegigiestereveniemaeliorSF
REMOVE EXIST SIDEWALK 2 $ 44, 750. 00
150 SF 8" PCC Thick Dri+ e- Appr 9. 00 $eeek' SIDEWALK 1, 350. 00
EA 10. 00 20. 00
2 TREE WELL 660 $
N/ A EA Street Sign 475. 00 $
EA Traffic Sign and Post 400. 00 $
EA Reflector Sign and Post 175. 00 $
EA Painted Legend 6.50 $
SF Prime or Tack Coat 0. 05 $
TON AC Variable-< 300T 90. 00 $
r
TON AC Variable-> 300T 80.00 $
RE '' ' .
1i J? J 1... t C.. , IM Y{ t:..Gy E~.V t- ir_ 1r r 4 Q 4 1 ` A co 14 4 . l( 0
CITY OF CHINO ENGINEERING 1,-) 0 I et' S
Ewb\---- DATE. z- to rr
o
t it P' G" 10+- k t- 03E Lt o) z4 Si' ( a32# 41 ziuto. yc> 44o, 5 O( p (v'y3. ©
EngCostEs5mate Page 1 of 13 EttectIve Da e: January( 1. 2016

10.9.b
Final Acceptance of Public Improvements - Site Approval Packet Pg. 106
RESOLUTION NO 2015- 078

EXHIBIT C
s Y, CI TN'V () I' (' IIIN()

ENGINEERING COST ESTIMATE
PROJECT NO:

LOCATION:

By:

DATE:

Quantity Unit item Unit Total Cost
Price Per Item
OTRCCTO PUBLIC., IMPROVEMENTS
N/ A TON CAB Variable-< 300T 75. 00 $
TON CAB Variable-> 300T 65. 00 $
EA Adjust Sewer Manhole to Grade 665. 00 $
LS Mobilization 5% $
EA Adjust Sewer Cieanout to Grade 350. 00 $
EA Adjust Water Valve to Grade 265. 00 $
EA Street Ljht( City Owner) 6, 700. 00 $
EA Lot Monument Setting Fee 550. 00 $
LF Sawcut A. C. 3. 00 $
LF Sawcut Concrete 3.00 $
SF Cold Plan A. 0( 5 foot wide) 0. 28 $
LF Signing& Striping for
Arterial 19. 00 $
Collector 13. 00 $
Local 7. 00 $
EA _ Traffic Signal( 8- Phase Controller) 250, 000. 00 $ EA Modify existing Traffic Signal per Quadrant 50, 000. 00 $ LF Chain Link Fence
4 foot Residential Grade( Add$ 7.00/ LF for Removal
of Existing Fence) 25. 00 $
6 foot School fence( Add$ 9. 00/ LF for Removal of
Existing Fence) 35. 00 $
EA Utility Poles
Transmission 11, 500. 00 $
Distribution 8, 000. 00 $
Service 3, 000. 00 $
EngCostEstimate Page 2 of 13 Effective Date: January 1, 2010

10.9.b
Final Acceptance of Public Improvements - Site Approval Packet Pg. 107
RESOLUTION NO 2015- 078

EXHIBIT C
f
ir'.. I` I' Y OF (' IIINO
11 ENGINEERING COST ESTIMATE
P•
PROJECT NO:

LOCATION:

By:

DATE:

Quantity Unit Item Unit Total Cost
Price Per Item

STREETS
Landscape(Includingshrubs,Hardscape,Irrigation,
N/ A GroundCover, Lighting,InstallationLaborand Connection SF to Existing Systems) 10. 00 $
14 foot Median with Landscape, Irrigation, Lighting,
LF Hardscape, Curb, Gutter& Pavement 300. 00 $
Rail Road Crossing
SafetyEquipment(CompleteIncludingCrossing
LS Gates, Signs, and Lights) 400, 000. 00 $
SF Track Crossing( Concrete) 150. 00 $
SF Approach 2. 25 $
EA S. W. Ramps( A. D.A. Compliant) 4, 000. 00 $
EA Traffic Signal Loops 400. 00 $
PUBLIC IMP. 55, 632. 00
OTRCCT
SUBTOTAL17„
yyyy
z
y
4',,
s
r
E vF•T s
qa ,
4'
Zim'tt..
5, 563. 20
Ert.
tin s r;
t Ai '" "
t '',.' ° rs {§ ;" d+ xw i
r 9 G
y"
q`a o :%
p
t..
pj ] ) 7. 1 >
K rf1A:

9.`
ads EMMb 116,14141) 1. r SJ.4. b s & d' yL 5 f & Lsll{ ! p
atr
rs
c^,
1111111.C-
1-171,1. e••
F ; • 1 5 ..a1
F
PUBLIC, IMP. 65, 645. 76
GRAND TOTAL fOEONLY
EnyCostEstimate Page 3 of 13 Effective Date: January 1, 2016

10.9.b
Final Acceptance of Public Improvements - Site Approval Packet Pg. 108
RESOLUTION NO 2015- 078

EXHIBIT C
CrI V () a,, CHINO

ENGINEERING COST ESTIMATE
cat _-- PROJECT NO:

LOCATION:

By:

DATE:

Quantity Unit Item Unit Total Cost
Price Per Item

WATER ( PUBLIC)
LS Traffic Control( 5% of Construction Cost) 5% $ 536. 50
N/ A LF Trench Support/ Shoring( 6 foot depth) 15. 00 $ CY Pipe Bedding( Imported) 45. 00 $
6" Pipe& Fittings Installed, including excavation, bedding, LF backfill and pavement restoration 60. 00 $
8" Pipe& FittingsInstalled;includingexcavation,bedding, LF backfill and pavement restoration. 75. 00 $
10"Pipe& FittingsInstalled,Includingexcavation,
LF bedding, backfill and pavement restoration 80. 00 $ 12" Pipe& Fittings Installed, including excavation,
LF bedding, backfill and pavement restoration 90. 00 $ 16" Pipe& Fittings Installed, including excavation,
LF bedding, backfill and pavement restoration 105. 00 $ EA 6" Gate Valve 1,500. 00 $
EA 8" Gate Valve 2, 000. 00 -$
EA _ 10" Gate Valve 2, 400. 00, $
EA 12" Gate Valve 2, 800. 00 $
EA 16" Gate Valve 3, 500. 00 $
EA Fire Hydrant Assembly per City Std. 7, 500. 00 $ EA Blow- off Assembly 6" per City Std. 4, 500. 00 $

REMOVE EXISTING SERVICE& INSTALL PLUGGING SADDLE
360. 00
4 EA ON 4" WATER MAIN 90. 00 $
IRRIGATION 3, 500. 00
1 EA 1" Water Service/ Meter ( IRRIGATION) 3, 500. 00 $ 1 2" SERVICE& 1, 5" METER( DOMESTIC) 4. 500. 00 $
4, 500. 00
2 LF 1" COPPER PIPE, TYPE K 10. 00 $ 20. 00
5 EA 2" COPPER PIPE, TYPE K 10. 00 $ 50. 00
1 EA 2" BACKFLOW PREVENTION ASSEMBLY( DOMESTIC) $ 900. 00 $ 900. 00 1 EA 1" BACKFLOW PREVENTION ASSEMBLY( DOMESTIC) $ 400. 00 $ 400. 00 EngCostEslimate Page 4 of 13 Effective Date: January 1. 2016

10.9.b
Final Acceptance of Public Improvements - Site Approval Packet Pg. 109

RESOLUTION NO
EX
2015.

HIBI076TC
7: C' 11' Y O 1 C' I I I N O

ENGINEERING COST ESTIMATE
PROJECT NO:

LOCATION:

By:

DATE:

Quantity Unit Item Unit Total Cost
Price Per Item

WATER ( PU LIC)

WATER SUBTOTAL
10, 216. 50
OJ
n :' &
1,021. 65
w; ,
ra?,. t'^ k; , k?',,,.,.,
r ""
ax ` aw
ri '^
y" , ,, . g, 3
a 1 Lx._- ' emu.:. , 3. s. 5x—` , :--
x 4 • r,: , ,' xT9 : ..., ryr• x'""°" " S " F; & r !": ey uP
z
Ulf & r" 3 S.. ----, ' Y" ,.,,,, .,:
fir
q , 102, 17
s s
Adr,,
102. 17
my u :

4. ,.,;
204. 33
PUBLIC 12, 055. 47

GRAND TOTAL WATER ONLY
EngCostEatimate Page 5 of 13 Effective Data. January 1, 2016

10.9.b
Final Acceptance of Public Improvements - Site Approval Packet Pg. 110
RESOLUTION NO 2015- 078

EXHIBIT C
111' OI; C' IIINO

ENGINEERING COST ESTIMATE
PROJECT NO:

LOCATION:

By:

DATE:

Quantity Unit Item Unit Total Cost
Price Per Item

RECYCLED WATER
LS Traffic Control( 5% of Construction Cost) 5% $ LF Trench Support/ Shoring( 6 foot depth) 15.00 $
CY Pipe Bedding( Imported) 45. 00 $
6" Pipe& Fittings Installed,includingexcavation,bedding, LF backfill and pavement restoration 60. 00 $
8" Pipe& Fittings Installed, including excavation, bedding, LF backfill and pavement restoration. 75. 00 $
10" Pipe& FittingsInstalled,includingexcavation,
LF bedding, backfill and pavement restoration 80. 00 $ 12" Pipe& Fittings Installed,includingexcavation,
LF bedding, backfill and pavement restoration 90. 00 $ 16" Pipe& Fittings Installed, including excavation,
LF bedding, backfill and pavement restoration 105. 00 $ EA 6" Gate Valve 1, 500. 00 $
EA 8" Gate Valve 2,000. 00 $
EA 10"' Gate Valve 2, 400. 00 $
EA 12" Gate Valve 2, 800. 00 $
EA 16" Gate Valve 3,800. 00 $
EA Fire Hydrant Assembly per City Std. 7, 500. 00 $ EA Blow- off Assembly 6" per City Std. 4,500. 00 $
EA 2" Air Relief Assembly 4, 500. 00 $
EA 1" Water Service/ Meter 3, 500. 00 $
EA 2" Water Service/ Meter 4, 500. 00 $
EngCostEstimate Page 6 of 13 Effective Date: January 1. 2016

10.9.b
Final Acceptance of Public Improvements - Site Approval Packet Pg. 111

RESOLUTION

NOEXHIBIT
2015-
078C
s''"
1" CFI' Y () F ( Aim()
w;: _,. + ENGINEERING COST ESTIMATE
PROJECT NO:

LOCATION:

By:

DATE:

Quantity Unit Item Unit
PerTotalItemCost

RECYCLED WATER
RECYCLED WATER SUBTOTAL I $
rk. t r, 4 F as 5 a
t
1,:!
ci, 77.(, 14'n':: '
s::

I., LF:fg. g.t4: 111-q.'",41ri::','::,, i'.5.... ..1,'''..c.:':',-. -:„:
1,i;1•Lf., LA.,'',V, ::*-
it::::,:::;;;;,'-;:5!,.-:-.,Ftqt1
GRAND TOTAL RECYCLEDWATER, ONLY a
N/ A
EngCostEsllmale Page 7 of 13 Effective Date: January 1, 2016

10.9.b
Final Acceptance of Public Improvements - Site Approval Packet Pg. 112
RESOLUTION NO 2015- 078

EXHIBIT C

CITY () F CIIIN()

ENGINEERING COST ESTIMATE
PROJECT NO:

LOCATION:

By:

DATE:

Quantity Unit Item Unit Total Cost
Price Per Item
SEWER
LS Traffic Control( 5% of Construction cost) 5% $ LF Trench Support/ Shoring 15. 00 $
8" V.C.P Installed,Includingexcavation,bedding,backlit! LF and pavement restoration 92. 00 $
10" V.C.P. Installed, including excavation, bedding,
LF backfill and pavement restoration 98. 00 $
12"V.C.P. Installed,includingexcavation,bedding,
LF backfill and pavement restoration 104. 00 $
15" V.C.P. Installed, including excavation, bedding,
LF backfill and pavement restoration 110. 00 $
18" V.C.P. Installed,includingexcavation,bedding,
LF backfill and pavement restoration 140. 00 $
21" V.C.P. Installed, Including excavation, bedding,
LF backfill and pavement restoration 150. 00 $
24" V.C.P. Installed,Includingexcavation,bedding,
LF backfill and pavement restoration 170. 00 $
EA Sewer Saddle 450. 00 $
EA Wves 4" x 8" Typical 225. 00 $
EA 48" Sewer Manhole 5, 000. 00 $
EA 60" Sewer Manhole 6,400. 00 $
EA Sewer Cleanout 1,800. 00 $
EngCostEstImate Page 8 of 13 Effective Date: January 1, 2010

10.9.b
Final Acceptance of Public Improvements - Site Approval Packet Pg. 113
RESOLUTION NO 2015- 078

EXHIBIT C
Y, C' FFV 01; (. IIIN()
Sys. , ENGINEERING COST ESTIMATE
psi
PROJECT NO:

LOCATION:

By:

DATE:

Quantity Unit Item Unit Total Cost
Price Per Item
SEWER

SEWER SUBTOTAL
p "".°"
k `'
lea ",
mg r+ " a '
a
i` v' s,.. V
s$ - ,_ a n 1
PROOT ADADL.T.

A
t
i t7ri . dr
tE[
1 ,.: „-. ' ¢
gj',"
r ••:.,—+., :
c t '
1•
A
s
y
yy
i a' r
VM
m ,.

N..
t4 C. -' , f 5s. SC itY C .• rr r . f sb<
e. ...

GRANDTOTALSEWERONLY
EngCostEstimate Page 9 of 13 Effective Date: January 1, 2016

10.9.b
Final Acceptance of Public Improvements - Site Approval Packet Pg. 114
RESOLUTION NO 2015- 078

EXHIBIT C
c;,, IN O I' (' 111 N O
T ; ENGINEERING COST ESTIMATE
PROJECT NO:

LOCATION:

By:

DATE:

Quantity Unit Item Unit Total Cost
Price Per Item
N/ A LS Traffic Control( 5% of Construction Cost) 5% $ 12' HDPE N•12 PIPE INSTALLED INCLUDING EXCAVATION. BEDDING, 20. 00 6, 500. 00325 LF AND BACKFILL 18" HOPE N. 12 PIPE INSTALLED INCLUDING EXCAVATION, BEDDING, 40. 00 8, 480. 00212 LF AND BACKFILL 2 EA 48- NYLOPLAST MAN HOLE 500. 00 $ 1,000. 00
6 EA GRATING CATCH BASIN 600. 00 $ 3, 000. 00
1 EA CURB OPENING CATCH BASIN 3, 000. 00 $ 3, 000. 00 7 EA CATCH BASIN STENCIL 20. 00 $ 140. 00
6 EA BIO CLEANFILTER( GRATE TYPE) 300. 00 $ 1, 800. 00 1 EA STORMTECH CHAMBERS 8, 000. 00 $ 000. 00
1 EA MONOLITHICCB CONNECTION 2, 500. 00 $ 2, 500. 00 1 EA CONCRETE COLLAR 500. 00 $ 500. 00
15' HDPE N. 12 PIPE INSTALLED INCLUDING EXCAVATION,BEDDING, $ 2500 $ 2, 525. 00 101 LF AND BACKFILL
18' inch RCP Installed, Including excavation, bedding, 2,860. 00 22 LF bail and pavement restoration 130.00 $
1 AA

BIO CLEAN FILTER( CURB TYPE)
60000 $ 500. 00
N/ A 27 inch RCP Installed, including excavation, bedding, LF backfill and pavement restoration 160. 00 $
30 inch RCP Installed, Including excavation, bedding,
LF backfill and pavement restoration 175. 00 $
33 inch RCP Installed,includingexcavation,bedding,
LF backfill and pavement restoration 190. 00 $
36 inch RCP Installed, including excavation, bedding,
LF backfill and pavement restoration 240. 00 $
39 inch RCP Installed, including excavation, bedding,
LF backfill and pavementrestoration 260. 00 $
42 inch RCP Installed, including excavation, bedding,
LF backfill and pavement restoration 275. 00 $
EngCoslEstimate Page 10 of 13 Effective Date: January 1, 2018

10.9.b
Final Acceptance of Public Improvements - Site Approval Packet Pg. 115
RESOLUTION NO 2015- 078

EXHIBIT C
i` itp*,, C I F 1' O I' (- MN()
4" z ENGINEERING COST ESTIMATE
k'"
PROJECT NO:

LOCATION:

By:

DATE:

Quantity Unit Item Unit Total Cost
Price Per item

STORM DRAIN
45inchRCPInstalled,includingexcavation,bedding,
N/A LF backfill and pavement restoration 280. 00 $
48 inch RCP Installed,includingexcavation,bedding,
LF backfill and pavement restoration 300.00 $
51inchRCPinstalled,includingexcavation,bedding,
LF backfill and pavement restoration 325. 00 $
54 inch RCP Installed,including excavation,bedding,
LF backfill and pavement restoration 350. 00 $
60'inchRCPInstalled,Includingexcavation,bedding,
LF backfill and pavementrestoration 360. 00 ,$
63 inch RCPInstalled,includingexcavation,bedding,
LF backfill and pavement restoration 370. 00 $
66 inch RCP Installed,includingexcavation,bedding,
LF backfill and pavement restoration 400. 00 $
72 inch RCPinstalled, includingexcavation,bedding,
LF backfill and pavement restoration 460. 00 $
78 inch RCP installed,includingexcavation,bedding,
LF backfill and pavement restoration 470. 00 $
81 inch RCP Installed,includingexcavation,bedding,
LF backfill and pavement restoration 490. 00 $
84 Inch RCP Installed,includingexcavation,bedding,
LF backfill and pavement restoration 510. 00 $
90inch RCP Installed,includingexcavation,bedding,
LF backfill and pavement restoration 540. 00 $
96 inch RCP installed,'includingexcavation,bedding,
LF backfill and pavement restoration 570. 00 $
102 inch RCP Installed,includingexcavation,bedding,
LF backfill and pavement restoration 610. 00, $
108Inch RCP Installed,includingexcavation,bedding,
LF backfill and pavement restoration 640. 00 $
T x 6' RCB Installed,includingexcavation,bedding,
LF backfill and pavement restoration 700. 00 $
7' x 8.5' RCB Installed,includingexcavation,bedding,
LF backfill and pavement restoration 820. 00 $
7'x 9.5'RCBinstalled,Includingexcavation,bedding,
LF backfill and pavement restoration 870. 00 $
8' x 11' RCB Installed,includingexcavation,bedding,
LF backfill and pavement restoration 1, 000. 00 $
8''x 13'RCBInstalled,includingexcavation,bedding,
LF backfill and pavement restoration 1, 100. 00 $
9'`x 9' RCB Installed,includingexcavation,bedding,
LF backfill and pavement restoration 1,000. 00 $
9'x 12' RCB Installed,includingexcavation,bedding,
LF backfill and pavement restoration 1, 100. 00 $
4' x 6' RCB installed,includingexcavation,bedding,
LF backfill and pavement restoration 680. 00 $
EngCostEsiiinate Page 11 of 13 Effective Date: January 1. 2015

10.9.b
Final Acceptance of Public Improvements - Site Approval Packet Pg. 116
RESOLUTION NO 2015. 078

EXHIBIT C

C' I' I' V OF INC)
r
y\ moo/,

ENGINEERING COST ESTIMATE
PROJECT NO:

LOCATION:

By:

DATE:

Quantity Unit Item Unit Total Cost
Price Per Item

STORM DRAIN

STORM DRAIN SUBTOTAL
40, 805. 00
ws motto,
rx. zv<
9`
fi >
7ySabs
S'
r"
a g
c : 1,224. 15
a.'
3 ae9 /• AO n
408. 0.5
d3
x 0a 05
r
y , e,, g { E { t i xa s
k
F ,
f gn'S 31 k y
is
t l 1 rf1 iiIi l ' i + t t
s. . ^ u " ems a r rr 9P'fe , a .. Y.
4 t
F
c iS t,` t^
x
t ' y7ayWSBx
a R ., y4r'+ kn,° G ,,, sT' a ,, ., , •:/
F
va "$'
i t
r..,
d f xTa{t^` r v
a&
at i'
x {„
4 818. 10`
txa
d.,.:`.
t`,..
r.:.;.

M... c. s..,. FS t., i. w. . .,. 5. ..`., SXv
408. 05

GRAND TOTAL STORMDRAIN, ONLY
48,149.90
EngCostEstlmale Page 12 of 13 Effective Date: January 1, 2018

10.9.b
Final Acceptance of Public Improvements - Site Approval Packet Pg. 117
RESOLUTIONNO2015-078

EXHIBIT C
nari4 ITV (? 1' CUM()
4! ;

ENGINEERING COST ESTIMATE
o:

PROJECT NO:

LOCATION:

By:

DATE:

Quantity Unit Item Unit Total Cost
Price Per Item
ENGINEER' S ESTIMATE GRAND TOTAL 125,851.13

BY ENGINEER

REINHARD STENZEL
Prepared By:

R. C. E. Number:
56155
Expiration:
12-31- 20
o OFESSION,
R.C.E. NO. 56155r *
S Exp. 12- 31- 20 Q,
ql'F C1V1‘. , < Z'

OF CAO,
Place R.C.E. Stamp Here

BY CITY
Faithful Performance Bond( 100% of Construction Cost)
Labor& material Bond( 50% of Construction Cost)
Warranty Bond( 10% of Construction Cost)
EngCoatEstimate Page 13 of 13 Effective Date: January 1, 2010

10.9.b
Final Acceptance of Public Improvements - Site Approval Packet Pg. 118
EXHIBIT " C"
SITE APPROVAL 96- 09 ( R1)
INLAND EMPIRE LAND DEVELOPMENT 2, LLC

ENVIRONMENTAL WARRANTY
As a condition precedent to acceptance of the dedications and public improvements to be conveyed by the above- named Developer to the City of Chino for the above- referenced Subdivision, Developer hereby warrants to the City of Chino that:

1. Neither the property to be dedicated nor Developer are in violation of any environmental law, and neither the property to be dedicated nor the Developer are subjectto any existing, pending or threatenedinvestigationby any federal, state or local governmental authority under or in connection with the environmental laws relating to the property to be dedicated.

2. Neither Developer nor any other person with Developer' s permission to be upon the property to be dedicated has used, generated, manufactured, produced, or released, on, under, or about the property to be dedicated, any Hazardous Substance except in compliance with all applicable environmental laws. For the purposes of this warranty, the term " Hazardous Substances" shall mean any substance or material which is capable of posing a risk of injury to health, safety or property, including all those materials and substances designated as hazardous or toxic by any federal, state or local law, ordinance, rule, regulation or policy, including but not limited to, all of those materials and substances defined as " Toxic Materials" in Sections 66680 through 66685 of Title 22 of the California Code of Regulations, Division 4, Chapter 30, as the same shall be amended from time to time, or any other materials requiring remediation under federal, state or local laws, ordinances, rules, regulations or policies.

3. Developer has not caused or permittedthe release of, and has no knowledge of the release or presence of, any Hazardous Substance on the property to be dedicated or the migration of any hazardous substance from or to any other property adjacentto, or in the vicinity of, the propertyto be dedicated.

4. Developer's prior and present use of the property to be dedicated has not resultedin the release of any HazardousSubstanceon the property to be dedicated.

5. All persons executing this warranty hereby representand warrant to the City of Chino, and Developer hereby represents and warrants, that the signators hereto have the legal power, right and authority to execute this warranty on behalf of the Developer and that the signators hereto have sufficient knowledge or expertise, either personally, through reasonable inspection and investigation of the property, or through reasonable reliance upon the investigation and professionalopinion of Developer's environmental experts, to make the representations herein, and that no consent of any other party is 01225. 00061367559. 2 C- 1

10.9.b
Final Acceptance of Public Improvements - Site Approval Packet Pg. 119
requiredto execute this warranty and make the representationsherein on behalf of the Developer to the City of Chino.

Each of the undersigned persons declares under penalty of perjury that the foregoing is true and correct.

Dated:
a
INLAND EMPIRE D DEVELOPMENT 2, LLC
By:

Proof of authorization for Developer' s signatures is required to be submitted concurrently with this environmental warranty.
01225. 0006/ 367559. 2 C- 2

10.9.b
Final Acceptance of Public Improvements - Site Approval Packet Pg. 120
CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 TCY•fS' f./! l iC:/.Dui?'2( TY1AT2^A4Y..iCY>.fTiY?. S :• PiP4: l' YriKYii': C>i',° C, C! iP1: XP:l". P7dSnkS' f`'.6!' Y,( Y,Qs1`..4'SC"i^ YY,S( A". lS yiEl 4KrdK$ i.<^. C.<+9C'L`;' Ct.(5>.( TfF A notarypublicor otherofficercompletingthiscertificateverifiesonlytheIdentityof the individualwhosignedthe documentto whichthiscertificateisattached,andnotthetruthfulness,accuracy,orvalidityofthatdocument.

State of California
County of SOri8! rvr- 4 Y) O )
On 3) 3) 0- 11)D1) before me, Dpht1 J eel er)-7,11, kIO1nir. 134), Date Here Insert Name and Title of the Officer
D/ personally appeared v% oI I fr i Yl
NameKof Signer(s)
whoprovedto meonthebasisofsatisfactoryevidencetobetWpersonwhosenamea subscribed to the within instrument and ackno edged to me thaKb!/ ahefthey executed the same in h 'i•rerl't#heiauthorizedcapacity(ies),andthatb hi herftheirsignature's ontheinstrumenttheperson ortheentityuponbehalfofwhichtheperson acted,executedtheinstrument.

IcertifyunderPENALTYOF PERJURYunderthe laws
of the State of California that the foregoing paragraph is true and correct.

MELL
I WITNESSmy hand and o real seal.

TT
cow. s: aCARian
x I '.,*. > i ' ! NOTARYYKIC•CALIPORNIA
I\'
BE
e
Iaos+ o C
Oct. rOUNTY.rota I
Signature
Mr Comm . vira
gnature of Notary Public
Place Notary Seal Above

OPTIONAL
Thoughthissectionis optional, completingthisinformationcan deteralterationof the documentor fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Title or Type of Document: Document Date:

Number of Pages: Signer( s) Other Than Named Above:

Capacity( ies) Claimed by Signer(s)
Signer' s Name: Signer' s Name:

Corporate Officer — Title( s): 0 Corporate Officer — Title( s):

Partner- Limited 0 General Partner — 0 Limited 0 General Individual Attorney in Fact 0 Individual 0 Attorney In Fact Trustee 0 Guardian or Conservator Trustee 0 Guardian or Conservator Other: 0 Other:

Signer Is Representing: Signer Is Representing:
2014 National NotaryAssociation• www. NationalNotary.org• 1- 800- US NOTARY( 1- 800- 876- 6827) Item# 5907

10.9.b
Final Acceptance of Public Improvements - Site Approval Packet Pg. 121
Executed in Triplicate***
Bond No.: 4428462
Contract No.:

Approved:

Premium:$ 1, 943. 00

FAITHFUL PERFORMANCE BOND
Site Approval 96- 09 ( RI)
WHEREAS,theCityCounciloftheCityofChino, StateofCalifornia, hereinafterdesignatedas"CITY"and Inland Empire Land Development 2, LLC hereinafter designated as PRINCIPAL,"haveenteredintoan agreementwherebyPrincipalagreesto installandcompletecertaindesignated public improvements, which said agreement, dated February 4, 2020 and identified as Project No. SA 96- 09( R1) 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 SureTec Insurance Company as surety, are held and firmly bound unto the City of Chino in the penal sum of Seventy Seven Thousand Seven Hundred Dollars($ 77, 700. 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 February 28, 2020
Inland Empire L and D ielo ment 2 LLC SureTec Insurance Company

AL SURETY
By: By:

Edith Carib- , Attorney- in- Fact

SIGNATURES MUST BE NOTARIZED
Rev. 04/ 2019) Page 1 of 1

10.9.b
Final Acceptance of Public Improvements - Site Approval Packet Pg. 122

CALIFORNIA ALL- PURPOSE

CERTIFICATE OF ACKNOWLEDGMENT
A notarypublicor other officercompletingthis certificateverifies only the identity of the individual who signed the document to which this certificate is attached, and notthe truthfulness, accuracy, or validityof that document.

State of California
County of c - t gar---, A- ei rid
On 3/ D) Orb before me, t) hi' Yi I C'
t'-,^
z 11 , Oc fa rt R,l. l I1j ,
Here awed name and title of the o 1 r)
personally appeared Daro I 1 rYe 1-v- 1
who ' roved to me on the basis of satisfactory evidence to be the persons,) whose Ai
e it lace subscribed to the within instrument and acknowledged to me that sibexecuted the same in® i lher/ their authorized capacityfie$, and that by Mc/their signaturetsl) on the instrumentthe person or the entityupon behalfof which the person( acted, executed the instrument.

IcertifyunderPENALTYOFPERJURYunderthelawsoftheStateof Californiathat the foregoing paragraph is true and correct,
1 a DONNA J. CARMELL
I
WIT y hand and official seal.

COMM. r23toe7e
iNOTARYPUBLIC-CALIFORNIA
1 :
7, ,/ SIN BERNARDINO COUNTY
IMyComm.ExpiresOct a 2023
Notary Publ Signature Notary Public Seal)

ADDITIONALINSTRUCTIONS

FOR COMPLETINGTHIS FORM
OPTIONAL INFORMATION ThisformcomplieswithcurrentCaliforniastatutesregardingnotarywordingand, DESCRIPTION OF THE ATTACHED DOCUMENT if needed,shouldbecompletedandattachedto thedocument.Acknowledgments fromotherstatesmaybecompletedfor documentsbeingsentto thatstatesolong asthewordingdoesnotrequire the California notary to violate California notary law.

Title or description of attached document) StateandCountyinformationmustbetheStateandCountywherethedocument signer(s)personallyappearedbeforethe notarypublic for acknowledgment.

Date of notarization must be the date that the signer( s) personally appeared which Title or description of attached document continued) must also be the same date the acknowledgment is completed.

The notary public must print his or her name as it appearswithin his or her Number of Pages Document Date commission followed by a comma and then your title( notary public).

Print the name(s) of documentsigner(s) who personallyappearat the time of notarization.

CAPACITY CLAIMED BY THE SIGNER Indicatethe correctsingularor plural forms by crossingoff incorrectforms( i.e. he/she/t eyr is/ are) or circling the correctforms.Failureto correctlyindicatethis Individual ( s) information may lead to rejection of document recording.

Corporate Officer The notary seal impressionmust be clear and photographically reproducible.

Impression must not cover text or lines. If seal impression smudges, re-seal if a Title) sufficientareapermits,otherwisecompletea different acknowledgmentform. s Signatureof thenotarypublicmustmatchthesignatureonfile withtheofficeofPartner the county clerk.

Attorney- in- Fact Additional information is not required but could help to ensure this Trustee( s) acknowledgment is not misused or attached to a different document.

Other
Indicate title or type of attached document, number of pages and date. er Indicatethe capacityclaimed by the signer. If the claimedcapacityis a corporate officer, indicate the title( i.e. CEO, CFO, Secretary). 2015 Version www, NotaryClasses. com 800- 873- 9865 Securely attach this document to the signed document with a staple.

10.9.b
Final Acceptance of Public Improvements - Site Approval Packet Pg. 123
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 documentto which this certificateis attached,and notthe truthfulness,accuracy,or validityof that document.

State of California
County of Orange
On 0..— p - a vD cLeforeme, Kim Heredia, Notary Public Date Here Insert Name and Title of the Officer
personallyappearedEdithGaribay
Name( J of Signer(,'
who proved to me on the basis of satisfactory evidence to be the erson whose name' is/
subscribed to the within instrument and acknowledged to me that she/ t executed the same in t / her/ tpr authorized capacity(
e,
and that by h) 1her/ Jr signature(,s'(ontheinstrumenttheperson or the entity upon behalf of whic the person acted, executed the i strument.

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.

KIM HEREDIA
fir Notary Public- California
z
Orange County Signature
Commission# 2268985
My Comm. Expires Dec 1, 2022 Kim Heredia Signature of Notary Public Place Notary Seal Above

OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Title or Type of Document: Document Date:

Number of Pages: Signer( s) Other Than Named Above:

Capacity( ies) Claimed by Signer( s)
Signer' s Name: Signer' s Name:

Corporate Officer — Title( s): Corporate Officer — Title( s):

Partner — Limited General Partner — Limited General Individual Attorney in Fact Individual Attorney in Fact Trustee Guardian or Conservator Trustee Guardian or Conservator Other: Other:

Signer Is Representing: Signer Is Representing:
2014 National Notary Association • www. NationalNotary. org • 1- 800- US NOTARY( 1- 800- 876- 6827) Item# 5907

10.9.b
Final Acceptance of Public Improvements - Site Approval Packet Pg. 124
P® A#: 510092
SureTec Insurance Company

LIMITED POWER OF ATTORNEY
Know All Men by These Presents, That SURETEC INSURANCE COMPANY ( the " Company"), a corporation duly organized and existingunderthe laws of theStateof Texas, andhavingits principaloffice in Houston, Harris County, Texas, doesby thesepresents make, constitute and appoint
Edith Garibay, Eugene T. Zondlo, Kim E. Heredia
its true and lawful Attorney- in-fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge anddeliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consentsof surety for, providing the bond penalty doesnot exceed Five Million and 00/ 100 Dollars($ 5, 000, 000. 00)
andto bind the Company thereby as fully and to the same extent as if suchbond were signed by the CEO, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney- in-Fact may do in the premises. Said appointment is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company:

Beit Resolved, thatthePresident, anyVice-President, anyAssistantVice-President, anySecretaryor anyAssistantSecretaryshall beandis hereby vested with full power and authority to appoint any one or more suitable personsas Attorney( s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions:

Attorney-in-Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances,contracts, agreementsor indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney- in-Fact shall be binding upon the Company as if signed by the President and sealedand effected by the Corporate Secretary.

Be it Resolved, that the signature of any authorized officer and sealof the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. ( Adoptedat a meetingheld on 20'h of April, 1999.)
In WitnessWhereof, SURETECINSURANCECOMPANYhascausedthesepresentsto besignedby its CEO, andits corporatesealto be hereto affixed this 9th day of August , A. D. 2018 .

SURETEC I CE PANY
wv,'11111i.
7 '';°
CO- By:
1 144 John Jr., C
State of Texas ss: Ali
County of Harris
On this 9th day of August , A.D. 2018 before me personally came John Knox Jr., to me known, who, being by me duly sworn, did depose and say, that he resides in Houston, Texas, that he is CEO of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the sealof said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his namethereto by like order. rrd i lii i. 1,: u( texas 7
t t
Xe • avez, NotaryPublic
r iD 129106• 3
Y I commission expires September I , 2020
I, M. BrentBeaty,AssistantSecretaryof SURETECINSURANCECOMPANY,doherebycertifythattheaboveandforegoingis atrueandcorrectcopy of aPowerof Attorney,executedby saidCompany, whichis still in full forceandeffect;andfurthermore,theresolutionsof the Boardof Directors,set out in the Power of Attorney arein full force and effect.

Given under my hand and the seal of said Company at Houston, Texas this ago.- day of F- IVO a-
x
A. D.
2ssi2tSecreta
Any instrument issued in excess of the penalty stated above is totally void and without any validity.

For verification of the authority of this power you may call( 713) 812- 0800 any business day between 8: 30 am and 5: 00 pm CST.

10.9.b
Final Acceptance of Public Improvements - Site Approval Packet Pg. 125
Executed in Triplicate***
Bond No.: 4428462
Contract No.:

Approved:

Premium: Included in the Performance Bond.

LABOR AND MATERIAL BOND
Site Approval 96- 09( R1)
WHEREAS, the City Councilof the City of Chino, Stateof California, hereinafterdesignatedas" CITY"and Inland Empire Land Development 2, LLC hereinafter designated as PRINCIPAL,"haveenteredinto an agreementwherebyPrincipalagreesto installand completecertaindesignated public improvements, which said agreement, dated February 4, 2020 and identified as Project No. SA 96- 09( R1) 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 ofthework,tofilea goodand sufficientpaymentbondwiththeCityof Chinoto securethe claimsto whichreference 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, material, men, 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 Thirty- Eight Thousand Nine Hundred Dollars ($ 38, 900. 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 herebyexpresslystipulatedand agreedthatthis bondshallinureto the benefitof 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.

INWITNESSWHEREOF, this instrumenthasbeendulyexecutedby Principaland Suretyabove named, on February 28, 2020
Inland Em. ire, ft. De„ Av• ment 2 LLC SureTec Insurance Company ilirIP'
SURETY
BY: By:

Edith Garibay, ' or - - Fact

SIGNATURE( S) MUST BE NOTARIZED
Rev. 04/ 2019) Page 1 of 1

10.9.b
Final Acceptance of Public Improvements - Site Approval Packet Pg. 126

CALIFORNIA ALL- PURPOSE

CERTIFICATEOFACKNOWLEDGMENT
Anotarypublicorotherofficercompletingthiscertificateverifiesonlytheidentityoftheindividualwhosignedthedocumenttowhichthiscertificateisattached, andnotthetruthfulness, accuracy, orvalidityofthatdocument.

State of California
County of a r f-) a re() vi n }
On 3/ 2 J. -D.a 0 before me, Dt) h VIA ; i COrme l 1 , / T u 1. le.

Here insert name and title o the officer)
personally appeared I r© I 1 Fre' Wi vi
who proved to me on the basis of satisfactorrevidence to be the person() whose nameNelacesubscribedtothewithininstrumentandacknowledgedtomethat g/
sher ey executed the same i i1 ../1 el eir authorized capacity( ies), and that by i /her/theirsignatureN) ontheinstrumenttheperson, ortheentityuponbehalfof which the person,) acted, executedtheinstrument.

IcertifyunderPENALTYOFPERJURYunderthelawsoftheStateofCaliforniathat theforegoingparagraphistrueandcorrect.
7 . DONNA J. CARMELL
f
WITNESS my hand and official seal. s :

NOTARY PUBLIC• CALIFORNIA 1
1=
1,
7' SAN BERNARDINO COUNTY
1MyComm.ExpiresOct. 29. 2023
Nota lic Signature Notary Public Seal)

INSTRUCTIONSFORCOMPLETINGTHISFORM
ADDITIONAL OPTIONAL INFORMATION ThisformcomplieswithcurrentCaliforniastatutesregardingnotarywordingand, DESCRIPTION OF THE ATTACHED DOCUMENT ifneeded,shouldbecompletedandattachedtothedocument.Acknowledgments fromotherstatesmaybecompletedfordocumentsbeingsenttothatstatesolongasthewordingdoesnotrequiretheCalifornianotarytoviolateCalifornianotary law.

Tide or description of attached document) StateandCountyinformationmustbetheStateandCountywherethedocument signer(s)personallyappearedbeforethenotarypublicforacknowledgment.

Dateofnotarizationmustbethedatethatthesigner(s)personallyappearedwhich Tide or description of attached document continued) mustalsobethesamedatetheacknowledgmentis completed.

Thenotarypublicmustprinthisorhernameasit appearswithinhisorher Number of Pages Document Date commissionfollowedby acommaandthenyour title( notarypublic).

Printthename(s) ofdocumentsigner(s) whopersonallyappearatthetimeof notarization.

CAPACITY CLAIMED BY THE SIGNER Indicatethecorrectsingularorpluralformsbycrossingoff incorrectforms (i.e. kelshehthey;is/are)orcirclingthecorrectforms.Failuretocorrectlyindicatethis Individual ( s) informationmayleadto rejectionof documentrecording.

Corporate Officer The notarysealimpressionmustbe clearandphotographicallyreproducible.

Impressionmustnotcovertextorlines.If sealimpressionsmudges,re-sealif a Title) sufficientareapermits,otherwisecompleteadifferentacknowledgmentform.

Signatureofthenotarypublicmustmatchthesignatureonfilewiththeofficeof Partner( s) the county clerk.

Attorney- in- Fact Additionalinformationis not requiredbutcouldhelpto ensurethis Trustees
acknowledgmentisnotmisusedorattachedtoadifferentdocument.

Indicatetitleortypeof attacheddocument,numberofpagesanddate.

Other Indicatethecapacityclaimedbythesigner. If theclaimedcapacityisa corporateofficer,indicatethetitle(i.e.CEO,CFO,Secretary). 2015 Version wwva. NotaryClasses. cor S00- 873- 98E6 Securely attach this document to the signed document with a staple.

10.9.b
Final Acceptance of Public Improvements - Site Approval Packet Pg. 127
CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 a c{ ,, re, f,. rD. c- cr, t5'.FF1', , F: E>,e- , cX,' A--( 7k- E, M. 2C 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 Orange
I
On Or
l -
As --a ca0 before me, Kim Heredia, Notary Public
Date Here Insert Name and Title of the Officer
personallyappearedEdithGaribay
Name(,af of Signer(''
whoprovedto me on the basisof satisfactoryevidenceto be the personXwhosenameKis/ subscribed to the within instrument and acknowledged to me that fshe/ tlj executed the same in vr‘Ther/ tpdir authorized capacity( i ,
andthatbyhslher/94rsignature(,s'(ontheinstrumenttheperson or the entity upon behalf of which the person,( acted, executed the i strument.

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.
k. KIM
HEREDIAA.ice::

Notary Pubiic• California
e?L'IYr = orange County Signature
Commission M 2268985
My Comm. Expires Dec 1, 2022
k
Kim Heredia Signature of Notaty Public
Place Notary Seal Above

OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Title or Type of Document: Document Date:

Number of Pages: Signer( s) Other Than Named Above:

Capacity( ies) Claimed by Signer( s)
Signer' s Name: Signer' s Name:

Corporate Officer — Title( s): Corporate Officer — Title( s):

Partner — Limited General Partner — Limited General O Individual Attorney in Fact Individual Attorney in Fact Trustee Guardian or Conservator Trustee Guardian or Conservator Other: Other:

Signer Is Representing: Signer Is Representing:
2014 National Notary Association • www. NationalNotary. org • 1- 800- US NOTARY( 1- 800- 876- 6827) Item# 5907

10.9.b
Final Acceptance of Public Improvements - Site Approval Packet Pg. 128
P® A#: 510092
SureTec Insurance Company

LIMITED POWER OF ATTORNEY
Know All Men by These Presents, That SURETEC INSURANCE COMPANY ( the " Company"), a corporation duly organized and existingunderthe laws of theStateof Texas, andhavingits principaloffice in Houston, Harris County, Texas, doesby these presents make, constitute and appoint
Edith Garibay, Eugene T. Zondlo, Kim E. Heredia
its true and lawful Attorney- in-fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge anddeliver anyandall bonds, recognizances, undertakingsor otherinstrumentsor contractsof suretyshipto include waiversto the conditions of contracts and consentsof surety for, providing the bond penalty doesnot exceed Five Million and 00/ 100 Dollars($ 5, 000, 000. 00)
andto bind the Company therebyas fully and to the same extent asif suchbond were signed by the CEO, sealed with the corporate seal of the Companyandduly attestedby its Secretary, herebyratifying andconfirmingall that the said Attorney-in-Fact may do in the premises. Said appointment is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company:

Be it Resolved, that the President, any Vice-President, any Assistant Vice- President, any Secretary or any Assistant Secretary shall be and is herebyvestedwith full powerandauthorityto appointanyoneor moresuitablepersonsasAttorneys)-in-Factto representand act for andon behalf of the Company subject to the following provisions:

Attorney-in-Fact maybegiven full powerandauthorityfor andin thenameof andof behalfof the Company, to execute, acknowledgeand deliver,anyandall bonds,recognizances,contracts,agreementsor indemnityandotherconditionalor obligatoryundertakingsand anyandall notices and documents canceling or terminating the Company' s liability thereunder, and any such instruments so executed by any such Attorney-in-FactshallbebindingupontheCompanyasif signedbythePresidentandsealedandeffectedby theCorporateSecretary.

Be it Resolved that the signature of any authorized officer and sealof the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. ( Adopted at a meeting held on 20th of April, 1999.)
In WitnessWhereof, SURETECINSURANCECOMPANYhascausedthesepresentsto be signedby its CEO, andits corporatesealto be hereto affixed this sin day of August , A. D. 2018 . r

SURETEC I CE PANY
Zt"Ns\
k- t
ui i w`' : A` John Jr., C
State of Texas ss:

County of Harris
On this 9th day of August , A.D. 2018 before me personally came John Knox Jr., to me known, who, being by me duly sworn, did depose and say, that he resides in Houston, Texas, that he is CEO of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the sealof said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Boardof Directors of said Company; and that he signed his name thereto by like order. 1f
r,` tit: I
I
Xe • avez, Notary Public
Il
commission expires September 1 , 2020
I, M. BrentBeaty,AssistantSecretaryof SURETECINSURANCECOMPANY,do herebycertifythattheaboveandforegoingis atrueandcorrectcopy ofaPowerofAttorney,executedbysaidCompany,whichisstill in full forceandeffect;andfurthermore,theresolutionsoftheBoardof Directors,set out in the Power of Attorney are in full force and effect.

Given under my hand and the seal of said Company at Houston, Texas this () day of F `' yru Y. . -' 9A.D.

C.
j21tssi2tSecreta
Anyinstrumentissuedin excessof the penaltystatedaboveis totally void andwithout anyvalidity.

For verification of the authority of this power you may call( 713) 812- 0800 any business day between 8: 30 am and 5: 00 pm CST.

10.9.b
Final Acceptance of Public Improvements - Site Approval Packet Pg. 129
Executed in Triplicate***
Bond No,: 4428462- W
Contract No.:

Approved:

Premium: Included in Performance Bond.

WARRANTY BOND
Site Approval 96- 09 ( R1)
WHEREAS, theCityCounciloftheCityofChino, StateofCalifornia, hereinafterdesignatedas CITY" and Inland Empire Land Development 2, LLC hereinafter designated as PRINCIPAL," haveenteredintoanagreementwherebyPrincipalhasagreedto warrantandguarantee theinstallation, completion, and maintenanceof certaindesignatedpublicimprovements, whichsaid agreement, dated February 4, 2020 and identified as Project No. SA 96- 09 ( RI) , is hereby referred to and made a part hereof; and
WHEREAS, said Principalis requiredunderthetermsof saidagreementto furnish a bondfor the warranty of said improvements.

NOW, THEREFORE, we, the Principal, and SureTec Insurance Company as surety, are heldandfirmlybounduntothe City of Chinoin the penalsumof Seven Thousand Eight Hundred Dollars ($ 7, 800. 00 lawful money of the UnitedStates, forthe paymentof whichsumwellandtrulyto be made, we bindourselves, ourheirs, 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 andperformthecovenants,conditions, and provisionsinsaidagreementandany alterationthereofmade as thereinprovided, on his or their part, to be kept andperformedthereof made as thereinprovided, on hisoritspart,tobekeptandperformedatthetimeandinthemannerthereinspecified,andinallrespects accordingto theirtrue intentand meaning, andshallindemnifyand saveharmlessCity, 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.

Asa partoftheobligationsecuredhereby, andinadditionto thefaceamountspecifiedtherefor, there shall be included costs and reasonable expenses and fees including reasonable attorneys' fees, incurredbytheCityinsuccessfullyenforcingsuchobligation, alltobetaxedascostsandincludedinany judgment rendered.

Thesuretyherebystipulatesand agreesthatnochange, extensionof time, alteration, or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanyingthe same shall in any way affect its obligationson this bond, and it does herebywaive noticeof anysuchchange, extensionof time, alteration, or additionto the terms of the agreementor to the work or to the specifications.

IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety above named, on February 28, 2020
Inland Empire Lan evelo ment 2 LLC SureTec Insurance Company I 1PAL SURETY
By: By:

Edith Garibay, Att ney in F t

SIGNATURE( S) MUST BE NOTARIZED
v. ognolsl Wage i di

10.9.b
Final Acceptance of Public Improvements - Site Approval Packet Pg. 130

CALIFORNIA ALL- PURPOSE

CERTIFICATE OF ACKNOWLEDGMENT
A notarypublicorotherofficercompletingthiscertificateverifiesonlytheidentity oftheindividualwhosignedthedocumentto whichthiscertificateis attached, and notthe truthfulness, accuracy, or validityof that document.

State of California
County of
On g/ Z/ 7., e) D before me, D0r7ii4J C'.-- x>/ Ak ` l- 1 c_, Here insert name and the of the officer)
personally appeared NCO; I 1
who roved to me on the basis of satisfactory evidence to be the person' s.) whose name411) subscribedto the withininstrumentand acknowledgedto me that st:te4tiley executed the same irhi6/ herfthetg authorized capacity( ie&), and that by herein signatureNontheinstrumenttheperson, ortheentityuponbehalfof whichtheperson acted, executedtheinstrument.

IcertifyunderPENALTYOFPERJURYunderthelawsoftheStateofCaliforniathat theforegoingparagraphis true and correct.

DONNA J. CARMELL
COMM.* 2310876
WITNES y hand and official seal. ti
xr'
a, '
iNOTARYPUBUC•CALIFORNIA

SAN BERNARDINO COUNTY
IMyComm.ExpiresOct. 29, 2023
Notary blic Signature Notary Public Seal)
s

INSTRUCTIONSFORCOMPLETINGTHIS FORM
ADDITIONAL OPTIONAL INFORMATION ThisformcomplieswithcurrentCaliforniastatutesregardingnotarywordingand DESCRIPTION OF THE ATTACHED DOCUMENT ifneeded,shouldbecompletedandattachedtothedocument.Acknowledgments fromotherstatesmaybecompletedfor documentsbeingsenttothatstatesolong asthewordingdoesnotrequiretheCalifornianotarytoviolateCalifornianotary law.

Title or description of attached document) StateandCountyinformationmustbetheStateandCountywherethedocument signer(s)personallyappearedbeforethenotarypublicforacknowledgment.

Dateof notarizationmustbethedatethatthesigner(s)personallyappearedwhich Title or description of attached document continued) mustalsobethesamedatethe acknowledgmentis completed.

Thenotarypublicmustprinthisor hernameasit appearswithinhisor her Number of Pages Document Date commissionfollowedby acommaandthenyour title( notarypublic).

Print the name(s) of documentsigner(s) who personally appearat the time of notarization.

CAPACITY CLAIMED BY THE SIGNER Indicatethecorrectsingularorpluralformsbycrossingoff incorrectforms(i.e. he/she/they—is/are)orcirclingthecorrectforms.Failureto correctlyindicatethis Individual ( s) information may lead to rejection of document recording.

Corporate Officer Thenotarysealimpressionmustbe clearandphotographicallyreproducible.

Impressionmust not covertext or lines. If sealimpressionsmudges,re-sealif a Title) sufficientareapermits,otherwisecompleteadifferentacknowledgmentform.

Signatureofthenotarypublicmustmatchthesignatureonfilewiththeofficeof Partner( s) the county clerk.

Attorney- in- Fact Additional information is not required but could help to ensure this Trustee( s)
acknowledgmentis not misusedorattachedto adifferentdocument.

Other
Indicate title or type of attached document, number of pages and date.

Indicatethe capacityclaimed by the signer. If the claimedcapacityis a corporateofficer, indicatethetitle( i.e.CEO,CFO,Secretary). 2015 Version www. NotaryClasses. com 800- 873- 9865 Securely attach this document to the signed document with a staple.

10.9.b
Final Acceptance of Public Improvements - Site Approval Packet Pg. 131
CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 c cnrc c hcvc' rc c t ccu
A notarypublic or other officer completingthis certificateverifiesonly the identity of the individualwho signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of Orange
On Vol " O c` r/ before me, Kim Heredia, Notary Public Date Here Insert Name and Title of the Officer
personallyappearedEdithGaribay
Name0 of SignerK
who provedto me on the basis of satisfactoryevidenceto be the persong whose name' is/ subscribed to the within instrument and acknowledged to me that Ishe/ tli executed the same in Kher/ tp4ir authorized capacity( i , h&'and that by her/ r signature(,s on the instrument the persons or the entity upon behalf of which the person acted, executed the i strument.

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.

KIM HEREDIA
em_ Notary Public- California
OrangeCounty
Commission# 2268985 Signature
My Comm. Expires Dec 1, 2022
Kim Heredia Signature of Notary Public
Place Notary Seal Above

OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Title or Type of Document: Document Date:

Number of Pages: Signer( s) Other Than Named Above:

Capacity( ies) Claimed by Signer( s)
Signer' s Name: Signer' s Name:

Corporate Officer — Title( s): Corporate Officer — Title( s):

Partner — Limited General Partner — Limited General Individual Attorney in Fact Individual Attorney in Fact Trustee Guardian or Conservator Trustee Guardian or Conservator Other: Other:

Signer Is Representing: Signer Is Representing:
2014 National Notary Association • www. NationalNotary. org • 1- 800- US NOTARY( 1- 800- 876- 6827) Item# 5907

10.9.b
Final Acceptance of Public Improvements - Site Approval Packet Pg. 132
POA#: 510092
SureTec Insurance Company

LIMITED POWER OF ATTORNEY
Know All Men by These Presents, That SURETEC INSURANCE COMPANY ( the " Company"), a corporation duly organized and existingunderthelawsoftheStateofTexas, andhavingitsprincipalofficeinHouston, HarrisCounty, Texas, doesbythesepresents make, constitute and appoint
Edith Garibay, Eugene T. Zondlo, Kim E. Heredia
itstrueandlawfulAttorney-in-fact, withfullpowerandauthorityherebyconferredinitsname,placeandstead,toexecute, acknowledge anddeliveranyandall bonds, recognizances, undertakingsor otherinstrumentsor contractsofsuretyshiptoincludewaiverstothe conditions of contractsand consentsof suretyfor,providingthebondpenaltydoesnot exceed Five Million and 00/ 100 Dollars($ 5, 000, 000. 00)
andtobindtheCompanytherebyasfully andtothesameextentasif suchbondweresignedbytheCEO,sealedwiththecorporateseal oftheCompanyanddulyattestedbyitsSecretary, herebyratifyingandconfirmingallthatthesaidAttorney-in-Factmaydointhe premises. Saidappointmentis madeunderandby authorityof thefollowingresolutionsof theBoardof Directorsof the SureTec Insurance Company:

Beit Resolved, thatthePresident,anyVice-President,anyAssistantVice-President, anySecretaryor anyAssistantSecretaryshallbeandis herebyvestedwithfullpowerandauthoritytoappointanyoneormoresuitablepersonsasAttorney(s)-in-Facttorepresentandactforandon behalf of the Company subject to the following provisions:

Attorney-in-FactmaybegivenfullpowerandauthorityforandinthenameofandofbehalfoftheCompany, toexecute, acknowledgeand deliver,anyandallbonds,recognizances,contracts,agreementsorindemnityandotherconditionalorobligatoryundertakingsandanyandall noticesanddocumentscancelingor terminatingtheCompany's liabilitythereunder, andanysuchinstrumentsso executedby anysuch Attorney-in-FactshallbebindingupontheCompanyasif signedbythePresidentandsealedandeffectedbytheCorporateSecretary.

BeitResolvedthatthesignatureofanyauthorizedofficerandsealoftheCompanyheretoforeorhereafteraffixedtoanypowerof attorneyor anycertificaterelatingtheretobyfacsimile,andanypowerofattorneyorcertificatebearingfacsimilesignatureorfacsimilesealshallbevalid and binding upon the Company with respect to any bond or undertaking to which it is attached. ( Adoptedat a meetingheld on 201hof April, 1999.)
In WitnessWhereof, SURETECINSURANCECOMPANYhascausedthesepresentstobesignedbyitsCEO, anditscorporatesealto be hereto affixed this sth day of August , A. D. 2018 .

W..,,, SURETEC CE PANY
SVRAtJp
wr' IAq ', o By:r
w i ku
Al—
i$ John Jr., C
cs
State of Texas
t
County of Harris
On this 9th day of August , A. D. 2018 before me personallycameJohnKnox Jr.,to meknown, who, beingby meduly sworn,did deposeandsay, thatheresidesinHouston, Texas, thatheisCEOofSURETECINSURANCECOMPANY, thecompanydescribedinandwhichexecutedtheabove instrumentthatheknowsthesealofsaidCompany;thatthesealaffixedtosaidinstrumentissuchcorporateseal;thatit wassoaffixedbyorderofthe Boardof Directorsof saidCompany;andthathesignedhisnametheretoby like order. ru i l r r{ VEY
y
leeetr •
m!.'
y.` . , i. p1!, - : mines. i:9- It)- 2Ci2U
1 Xe • avez, Notary Public
l •,, L. commission expires September 1 , 2020 I,M.BrentBeaty,AssistantSecretaryofSURETECINSURANCECOMPANY,doherebycertifythattheaboveandforegoingisatrueandcorrectcopy ofaPowerofAttorney,executedbysaidCompany,whichisstillinfullforceandeffect;andfurthermore,theresolutionsoftheBoardofDirectors,set out in the Power of Attorney are in full force and effect. h 20
Given under my hand and the seal of said Company at Houston, Texas this 5gft-- day of u j" A. D.

C
1V Br t eaty, Assi tant Secreta
Anyinstrumentissuedin excessofthepenaltystatedaboveistotallyvoidandwithoutanyvalidity.

For verification of the authority of this power you may call( 713) 812- 0800 any business day between 8: 30 am and 5: 00 pm CST.

10.9.b
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7. 10

MEMORANDUM

CITY OF CHINO

DEVELOPMENT SERVICES DEPARTMENT
COUNCIL MEETING DATE: FEBRUARY 4, 2020
TO: MATTHEW C. BALLANTYNE, CITY MANAGER
FROM: NICHOLAS S. LIGUORI, AICP, DEVELOPMENT SERVICES DIRECTOR SUBJECT: PUBLIC IMPROVEMENT AGREEMENT - SITE APPROVAL 96- 09 ( R1) MCCALLA CENTER.

RECOMMENDATION
Approve a Public Improvement Agreement and securities with Inland Empire Land Development 2, LLCto constructcurb, gutter, sidewalkandwaterutilitieslocatedalongtheeastsideof Central Avenue, north of Schaefer Avenue; and authorize the City Manager to execute the necessarydocumentson behalf of the City.

FISCAL IMPACT
There is no direct fiscal impact to the City.

Revenue: Expenditure:

Transfer In: Transfer Out:

CONSENT CALENDAR Packet Pg. 103

10.9.b
Final Acceptance of Public Improvements - Site Approval Packet Pg. 134

7. 10
COUNCILMEETINGDATE: FEBRUARY4, 2020
SUBJECT: PUBLIC IMPROVEMENT AGREEMENT - SITE APPROVAL 96-09 (R1) MCCALLA CENTER
PAGE 2

BACKGROUND
InMay1997, theChinoPlanningCommissionoriginallyapprovedSiteApproval96-09, andthen subsequentlyapprovedanAmendmentto Phase4 oftheprojectin June2006. Theproject consistsoffour (4) industrialbuildingstotaling42,800squarefeetof industrialandcommercial spaceon 2.95 acreslocatedalongthe eastsideof CentralAvenue, northof SchaeferAvenue Exhibit A).

ThePlanningCommissionapprovedtwelve (12) one-yeartimeextensionsforthisproject. The lasttime extensionwas approvedby the PlanningCommissionon December3, 2018. Inland EmpireLandDevelopment2, LLC (developer) pulledbuildingpermitspriortotheexpirationof the last extensionand is movingforwardwith the constructionof Phase4. The developeris requiredto constructcertainpublicimprovementsas partof the conditionsof approvalfor this project. Thepublicimprovementsinclude, butarenotlimitedtocurb, gutter, sidewalkandwater utilities, which necessitate a Public Improvement Agreement.

ISSUES/ ANALYSIS
Toguaranteethecompletionof publicimprovements, thedeveloperhassubmitteda Public Improvement Agreement and the necessary bonds. The City Attorney has reviewed and approved the agreement and bonds.

Attachment: Public Improvement Agreement
Exhibit A - Site Approval No. 96- 09
CONSENT CALENDAR Packet Pg. 104

10.9.b
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Revenue: Expenditure:

Transfer In: Transfer Out:

M E M O R A N D U M

CITY OF CHINO

DEVELOPMENT SERVICES DEPARTMENT

COUNCIL MEETING DATE: MARCH 21, 2023

TO: LINDA REICH, CITY MANAGER

FROM: NICHOLAS S. LIGUORI, AICP, DEVELOPMENT SERVICES DIRECTOR

SUBJECT: CHINO DEVELOPMENT PRESERVE CORPORATIO N BLOCK 9 - FINAL TRACT MAP NO. 16420-4.

RECOMMENDATION
1) Approve Tract Map No. 16420 -4; 2) approve the Subdivision Improvement Agreement and securities with Chino Preserve Development Corporation; and 3) approve the Construction Credit and Reimbursement agreement with Chino Preserve Development Corporation for public improvements related to Tract Map No. 16420 -4; and 4) authorize the City Manager to execute the necessary documents on behalf of the City.

FISCAL IMPACT
DIF credits issued to the developer through the duration of the project will be deducted from the actual project costs once the final cost accounting has been reviewed and approved by the City Engineer. Upon the final acceptance of the public improvements by the City Council, staff will continue to monitor the fund balance in the appropriate Development Impact Fee Fund and begin making progress payments to the developer until the terms of the Credit and Reimbursement Agreement are fulfilled. Each progress payment will require an appropriatio n of funds and therefore, each payment will be brought back to the City Council for approval. These arrangements result in no net impact to the General Fund.

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

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COUNCIL MEETING DATE: MARCH 21, 2023
SUBJECT: CHINO DEVELOPMENT PRESERVE CORPORATION BLOCK 9 - FINAL TRACT MAP NO. 16420-4
PAGE 2

BACKGROUND
On February 13, 2008, Chino Holding Company (the “Applicant”), the owner of the majority of land within The Preserve Specific Plan area obtained approval for an “A” level Master Site Approval (MSA No. 2006 -02) and Tentative Tract Map (TTM) No. 16420 for approximately 514 acres of land generally located south of Pine Avenue, between Mill Creek Avenue and Hellman Avenue.

On February 23, 2022, the City of Chino Planning Commission conditionally approved developer modification applications PL21 -0031 to m odify TTM No. 16420 and PL21 -0032 to modify The South of Pine (SOP) project (MSA No. 2006 -02). To allow more flexibility in the development of the remaining SOP project area, TTM 16420 designated improvement areas “A” through “K” to align with proposed dev elopment areas and limits of necessary public improvements within those areas.

On February 23, 2022, the City of Chino Planning Commission also conditionally approved an “A” level Master Site Approval (PL20 -0014) to allow for the future development of a pu blic K-8 school, community center, library, park, and a 209-unit rental community on 37.96 acres of land in the Community Core 16 (CC 16) and High Density Residential (HDR 16) land use designations within The Preserve Specific Plan. PL20 -0014 encompasses lots 33 through 37 of TTM No. 16420 and is within designated Improvement Area “D”, located south of Market Street, north of Legacy Park Street, between Main Street and East Preserve Loop. Tract Map No. 16420-4 will subdivide lots 33 through 36 of TTM 1642 0 and excludes lot 37 which is being developed separately for the public K -8 school by the Chino Valley Unified School District. (Exhibit A). A public improvement agreement specifically for the school frontage improvements was approved by City Council on February 15, 2022.

As part of the Engineering Conditions of Approval, the developer is required to design and construct public improvements including, but not limited to, residential amenities such as the community core promenade, storm drain, street, dome stic and recycled water, and sewer improvements within and along Main Street, Legacy Park Street and Academy Street. Some of the required public improvements are master -planned facilities, which are included in the City’s Development Impact Fee and Nexus C alculation Report and correlating Master Facilities Plan (“Report”). Public facilities included in the Report are eligible for Development Impact Fee credit and reimbursement per the City’s Municipal Code Chapter 3.45.

ISSUES/ANALYSIS
Upon completion of th e master -planned facilities, the City Engineer will review the final accepted/approved "as -built" plans, specifications and supporting documentation and will determine what costs are eligible for reimbursement. There may be a possibility that the eligible costs approved by the City Engineer exceed the original estimate. If that is the case, City staff may include the updated costs for the project in an annual update to the Nexus Report.

Additionally, once the final cost accounting is approved, staff will br ing back to the City Council an action to appropriate funds to make progress payments to the Developer until the terms of the agreement are fulfilled.

The requirements made at the time of tentative map approval have been met by the execution of the Subdivi sion 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 C).

10.10 CONSENT CALENDAR
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COUNCIL MEETING DATE: MARCH 21, 2023
SUBJECT: CHINO DEVELOPMENT PRESERVE CORPORATION BLOCK 9 - FINAL TRACT MAP NO. 16420-4
PAGE 3

Attachments: Exhibit A - Location Map
Exhibit B - Subdivision Improvement Agreement
Exhibit C - Construction Credit and Reimbursement Agreement

10.10 CONSENT CALENDAR
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TTM 16420 Lot 36TTM 16420 Lot 35TTM 16420 Lot 34TTM 16420 Lot 33SCHOOLn.a.p. TM 16420-4

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Revenue: Expenditure:

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M E M O R A N D U M

CITY OF CHINO

DEVELOPMENT SERVICES DEPARTMENT

COUNCIL MEETING DATE: MARCH 21, 2023

TO: LINDA REICH, CITY MANAGER

FROM: NICHOLAS S. LIGUORI, AICP, DEVELOPMENT SERVICES DIRECTOR

SUBJECT: FINAL TRACT MAP NO. 20538 (CHINO VILLA, LLC).

RECOMMENDATION
Approve Tract Map No. 20538 and authorize the City Manager to execute the necessary documents on behalf of the City.

FISCAL IMPACT
There is no direct fiscal impact to the City.

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

The recommendation detailed above 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:

• Responsible Long-Range Planning

10.11 CONSENT CALENDAR
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COUNCIL MEETING DATE: MARCH 21, 2023
SUBJECT: FINAL TRACT MAP NO. 20538 (CHINO VILLA, LLC)
PAGE 2

BACKGROUND
On August 15, 2022, the Chino Planning Commission conditionally approved Tentative Tract Map 20538 submitted by Chino Villa, LLC (developer), to subdivide seven acres of land into four lots, located on the north side of Philadelphia Street, west of Benson Avenue and east of Chino Promenade Shopping Center (Exhibit A).

Previous to the map submittal, the same developer submitted Site Approval PL19 -0079 in an effort to construct two office buildings, an assi sted living/memory care facility, and a future commercial pad. The two office buildings are intended to be for medical office uses. The assisted living/memory care use also required approval of Special Conditional Use Permit PL19- 0080 in the Commercial Gen eral (CG) zoning district. Both PL19 -0079 and PL19 -0080 were approved by Planning Commission on December 7, 2020.

The Conditions of Approval for Site Approval PL19 -0079 and Special Conditional Use Permit PL19-0080 required the developer to enter into a Pub lic Improvement Agreement with the City and post the necessary securities to ensure the timely delivery of the public improvements on Philadelphia Street. The required public improvements included, but were not limited to, curb and gutter, sidewalk, asphal t concrete overlay, streetlights, parkway landscaping, signing and striping, traffic signal interconnect, sewer, storm drain, and domestic water.

Ultimately, the City Council approved the Public Improvement Agreement and respective securities on July 19, 2022.

ISSUES/ANALYSIS
The requirements made at the time of the Tentative Tract Map approval have been met by the execution of the Public Improvement Agreement, which was approved by City Council on July 19, 2022, and by posting the necessary securities to g uarantee the construction of public improvements. Therefore, it is staff’s recommendation that the City Council approve Final Tract Map No. 20538.

Attachment: Exhibit A - Location Map

10.11 CONSENT CALENDAR
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10.11.a
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Revenue: Expenditure: 5203100-41030, 5303110-41030, 5403120- 41030, 5503130-41030

Transfer In: Transfer Out:

M E M O R A N D U M

CITY OF CHINO

FINANCE DEPARTMENT

COUNCIL MEETING DATE: MARCH 21, 2023

TO: LINDA REICH, CITY MANAGER

FROM: ROB BURNS, DIRECTOR OF FINANCE

SUBJECT: PROFESSIONAL SERVICES AGREEMENT - KIMCO STAFFING SERVICES, INC.

RECOMMENDATION
Approve a Professional Services Agreement with Kimco Staffing Services, Inc. of Los Angeles, CA., for an amount not-to-exceed $70,000, and authorize the City Manager to execute all necessary documents on behalf of the City.

FISCAL IMPACT
Sufficient funds are included in the 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:
• Financial Stability
• Superior Customer Service
• Public Service Excellence through Internal and External Partnerships

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COUNCIL MEETING DATE: MARCH 21, 2023
SUBJECT: PROFESSIONAL SERVICES AGREEMENT - KIMCO STAFFING SERVICES, INC PAGE 2

BACKGROUND
The approved fiscal year 2022 -23 budget contains appropriations for full and part -time salaries.

Department Directors are responsible for operating their programs and projects within these appropriations to achieve Council goals and objectives. During the f iscal year, temporary staffing vacancies occur for various reasons. It is , therefore, occasionally necessary to hire individuals on a temporary basis to continue important customer service functions provided by the City.

ISSUES/ANALYSIS
During fiscal year 2022-23, a staffing position has been vacant on a temporary basis in the Finance Department. The position was budgeted in the fiscal year 2022 -23 budget and is considered to be an under -filled position; meaning it is a vital customer service position with approved appropriations.

The City has utilized Kimco Staffing Services, Inc. (Kimco) and has been satisfied with the experience level and standard of temporary staff provided. However, due to the extended leave of a staff person for medical reasons, the City is projected to exceed $50,000 in Purchase Order expenditures for Kimco services. Staff is requesting that the City Council approve the Purchase Order for additional services bringing the total of the current contract to a not to exceed amount of $70,000.

Attachment – Kimco Staffing Services Agreement

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Client Service Agreement

This CLIENT SERVICE AGREEMENT ("Agreement") is entered into as of 3/9/2023 (“Effective Date”), Between Kimco Staffing Services, Inc. ("KIMCO"), with its corporate offices located at 17872 Cowan Ave, Irvine, CA 92614 and City of Chino, ("CLIENT"), with offices located at 13220 Central Ave. Chino, CA 91710.

For fair and equitable consideration, the parties hereto agree as follows:

1.Staffing Services: CLIENT can expect KIMCO to complete a thorough job requisition to ensure that KIMCO understands the hard and soft skills needed for CLIENT's open position(s). KIMCO asks that a written detailed job description that accurately reflects the requirements; duties and, responsibilities for each open position is available and can be shared with KIMCO at the time of the requisition. If a detailed job description is not available, KIMCO shall create one as a bi-product of the requisition process. This detailed job description can be saved and used for all future orders of the same position. Detailed job descriptions are essential to KIMCO's ability to successfully recruit; interview; select and present candidates that match the level of skills required to meet, or to exceed CLIENT's expectations.

KIMCO Associates are paid weekly for time worked as recorded on-time records that are verified and approved by CLIENT authorized representative(s). KIMCO will report and pay the employer's share of state and federal taxes, workers' compensation, FICA, and unemployment insurance for compensation paid to Associates. KIMCO will also submit required tax withholdings to the appropriate agencies. KIMCO complies with all provisions of the Affordable Care Act (ACA) for KIMCO's Associates. Where jurisdictionally applicable, KIMCO will comply with "The California Healthy Family Act", also known as AB1522 or any other local sick pay ordinance, in providing paid sick leave. KIMCO also supplies its Clients with a quarterly AB 1897 (Joint Wage Liability bill) compliance audit letter.

2.Rates: KIMCO's pricing includes employment verification, face-to-face interviewing, taxes, and employment burden charges as listed above. KIMCO's pricing also includes web-based time capture and weekly electronic invoicing. Screening costs and costs for any specialized skill assessments requested by CLIENT will be billed back to CLIENT as a pass-through cost.

Overtime rates will be billed at one and one-half times the bill rate. Payments of invoices are due net 30 days. KIMCO's methods of payment are ACH, wire, check, or credit card. Should CLIENT choose to utilize the credit card method for payments, there will be a 3.2% administrative fee for each transaction.

Position Type(s): Clerical
Rate(s): 49% Markup

2.1 Direct Hire Fees: Placement fees are charged to CLIENT based on a percentage of the "total Compensation" for the first year of the placed Candidate's employment. For purposes of this Agreement, "total compensation" shall include annual salary, bonuses, and any other incentives guaranteed to be paid by CLIENT to the selected Candidate during the first year of employment.

The fees for Direct-Hire placement services shall be invoiced upon the Candidate's acceptance of an offer. All fees shall be due within 30days of the Candidate's full-time start date with CLIENT.

a. Direct Hire Placement Fee: 20%

2.2 Conversion Fees: Should CLIENT choose to hire a KIMCO Associate or transfer a KIMCO Associate to another vendor who is currently on assignment or had been assigned to CLIENT within the last six months, CLIENT agrees to compensate KIMCO for this hiring conversion. The conversion fee is based on the Associate's annualized income. When CLIENT converts a KIMCO Associate, the following fee structure applies:
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Hours Billed to CLIENT in the
Last Year
Conversion % of Annualized
Pay
1-160 20%
161-320 15%
321-480 10%
481-640 5%
641+ N/A

2.3 Show-Up Time: In compliance with California Industrial Welfare Commission Orders 1-16, Section 5, Reporting Time Pay, "Show-Up Time" will be charged as a four-hour minimum per day for each Associate that is scheduled to work, but is not put to work or is furnished with less than half of his or her usual or scheduled day's work due to no fault of their own.

2.4 Government-mandated Employee Sick Leave: In light of government-mandated Employee Sick Leave (including but not limited to Covid-19, State Paid Sick Leave, and/or Safe and Sick leave) laws which provide for coverage in cases of employees being sick, quarantined, or prevented from work within the guidelines of any of the aforementioned laws, the cost of any such government- mandated sick leave will be passed along to CLIENT and billed at a reduced mark-up of 29.37%, which represents the pay rate and applicable payroll taxes and workers’ compensation burden.

2.5 Rate Changes: KIMCO may change rates and or burden-related Agreement terms upon written notice due to state or federal government mandates, increases in government-mandated costs, or increased workers' compensation costs.

3.Direct Hire Placement Guarantee: KIMCO's Direct-Hire placement guarantee is as follows:

If the placed Candidate is terminated or resigns from CLIENT for any reason within 60 days from the date of hire, and a request from the CLIENT for a replacement Candidate is received within five (5) calendar days from the date the Candidate's services cease. KIMCO will endeavor to replace the Candidate with another Candidate at no charge for the same position and compensation with no additional fee. If the compensation is increased, KIMCO will be owed an additional fee. If a replacement Candidate is found to be unacceptable to CLIENT and at that time CLIENT chooses to utilize its internal resources, or selects another staffing company to find a replacement, CLIENT shall be entitled to a pro-rated credit equaling 1/60th of the fee for each day remaining in the guarantee.

The placement fee credit must be used within six (6) months of the termination or resignation of the original referred Candidate’s placement and only towards future “Direct-Hire” placement(s). Fee conditions are not applicable to contract or conversion placements.

3.1 Placement Guarantee Conditions: The placement guarantee will only be honored if the KIMCO account has been paid according to the terms above and a request for a replacement is received within five (5) calendar days from the date the Candidate's services cease. CLIENT acknowledges that the guarantee policy will be void if the Candidate leaves under any of the following conditions: 1) Candidate is laid off; 2) CLIENT fails to meet payroll; 3) CLIENT fails to meet written commitments made to Candidate pertaining to material terms of employment; 4) A material change or misrepresentation of the position has been made by CLIENT; 5) CLIENT misrepresented the work conditions or environment.

4.Client Responsibilities for Contract Placements: While a KIMCO Associate is assigned to CLIENT, CLIENT is responsible for their operational supervision, safety, compliance with all Federal and State labor laws, and adherence to the applicable OSHA and Cal-OSHA Standards and Regulations.

CLIENT agrees to:

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•Provide KIMCO Associates with a safe work environment; •Conduct all OSHA-required hazard assessments and ensure that identified hazards are properly abated. Provide copies to KIMCO of completed assessments for all positions/ job duties KIMCO Associates are assigned to perform;
•Identify, communicate, provide all required training, protective equipment, and all other safeguards that KIMCO Associates will require for regulatory compliance and to safely perform their assigned duties. Please see dir.ca.gov/title8/3380 or, osha.gov for any clarifications; •Perform all OSHA required, "site-specific", powered industrial truck "PIT" operator evaluations, and provide documentation to KIMCO certifying the Kimco Associate's successful completion and authorization to operate each piece of equipment included in the evaluation. Operator evaluations must be completed before permitting “PIT” operation by a KIMCO Associate for any reason other than to be evaluated;
•Not require KIMCO Associates to participate in fire suppression or hazardous materials clean- up activities. CLIENT shall communicate emergency evacuation procedures to all KIMCO Associates and require temporary employees to evacuate the area to a predefined safe area when an emergency evacuation is required;
•Provide rest and meal breaks as required by law or be billed for meal period premiums paid to the Associate as mandated by the State of California. A meal period premium is an additional hour paid to the Associate at their regular rate of pay, for each day they miss taking a meal period, take a meal period that is less than 30 minutes in length or take their lunch past the 5th hour of work, per state wage and hour regulations.
•Confirm that KIMCO Associates' hours worked is correct, approved, and submitted by noon each Monday;
•Provide detailed job descriptions that accurately described all functions and duties that KIMCO Associates will be performing while assigned to CLIENT. "This information is necessary for KIMCO to determine whether an Associate’s work qualifies as an exempt/non-exempt pay status";
•Not to change a KIMCO Associate's job duties or responsibilities without providing advance notice to KIMCO and receiving written confirmation back from KIMCO authorizing the change; •Not allow KIMCO Associates to climb or perform work at heights of over five (5) feet or more above the ground while using ladders or otherwise;
•Not allow Kimco Associates to manually lift more than fifty (50) pounds without assistance; •Not exchange cell phone numbers with Associates to mitigate exposure around wages owed.

CLIENT agrees to call KIMCO if contact with an Associate is necessary; •Not permit KIMCO Associates to travel or operate motor vehicles for any reason while on assignment and working in the course and scope of CLIENT or performing services on CLIENT's behalf;
•Accommodate injured workers’ reasonable work restrictions and provide modified duty at CLIENT site, which will be billed according to section 2 rates.

5. Hold Harmless & Indemnification: KIMCO agrees to defend, indemnify and hold CLIENT, its officers, and employees harmless against any claims, losses, and liabilities that; a) are proximately caused by the willful act(s) or gross negligence of KIMCO, its officers or permanent employees b) result from KIMCO's breach of any Terms or Conditions outlined in this Agreement.

CLIENT agrees to defend, indemnify, and to hold KIMCO, its officers, employees, agents, volunteers and affiliates, including affiliate vendors harmless against any claims, losses, and liabilities of any kind whatsoever arising out of, or resulting from; a) CLIENT's failure to supervise, control, or safeguard premises, processes, or systems; b) CLIENT entrusting KIMCO Associates with vehicles, unattended premises, cash, checks, keys, credit cards, merchandise, confidential or trade secret information, negotiable instruments, or other valuables; c) damage or destruction to property that occurs while KIMCO Associates are under CLIENT's direction and control, or performing work on behalf of CLIENT; d) the willful act(s), gross negligence, or recklessness of CLIENT, its officers, employees or agents; e) CLIENT's breach of any Terms or Conditions outlined in this Agreement; f) any violations or breaches 3-4Concord - Document ID: generated after first signature

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or allegations of violations or breaches of state or federal laws by CLIENT or its employees, agents or assigns.

As a condition precedent to indemnification hereunder, the parties agree to provide notice to each other as follows; a) within fourteen (14) business days of its receipt of any claim, demand, or notice for which indemnification hereunder may be sought; b) within (5) five business days of knowledge or receipt of an alleged wage and hour claim, demand or notice (defined as any type of wage or hour violations, including, but not limited to unpaid overtime, travel time and/or failure to get lawful rest break or meal break) by a KIMCO Associate; c) immediately for any workplace injuries or incidents involving a KIMCO Associate. The Parties agree to cooperate in the investigation and defense of any such claims, demands, or notices including, but not limited to, providing maintenance and training records, the cooperation of employees who may provide relevant information, as well as access to CLIENT work-site for post-incident claim investigations and litigation discovery related investigations.

6.Term: The term of this Agreement shall be for 12 months. The Agreement will be automatically renewed in one-year increments. Either company may terminate this Agreement without cause by providing a minimum of thirty (30) days written notice. Upon termination of this agreement, KIMCO Associates are non-transferable to CLIENT, CLIENT Affiliate, or any other Agency payroll without a conversion fee paid to KIMCO. KIMCO may terminate this Agreement immediately, without prior written notice, in the event it is determined at the sole discretion of KIMCO, that any of the following has occurred: a) Failure to pay in full any invoice when due; b) a failure to perform or breach of any of the Terms or Conditions outlined in this Agreement; c) failure to comply with any directive of KIMCO when the directive is made to comply with a federal, state, or local governmental body, department, or agency, or a directive related to any insurance carrier providing coverage to KIMCO; d.) a financial judgment against CLIENT that would be more than payroll, taxes, and benefits owed to their employees and government agencies, which remains unsatisfied for more than 30 days and has not yet been appealed.

7.Severability: If any term of this Agreement is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and effect and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term.

8.Governing Law: This Agreement shall be construed and enforced under the laws of the State of California.

9.Representation on Authority of Parties/Signatories: Each person signing this Agreement represents and warrants that he or she is duly authorized and has the legal capacity to execute and deliver this Agreement. Each Party represents and warrants to the other that the execution and delivery of the Agreement and the performance of such Party’s obligations hereunder have been duly authorized and that the Agreement is a valid and legal agreement binding on such Party and enforceable in accordance with its terms.

10.Acceptance: CLIENT’s signature, or CLIENT’s acceptance of any temporary Associate or Direct- Hire Candidate presented by Kimco for review and consideration, constitutes acceptance of all Terms and Conditions, Rates, Hold Harmless and Indemnity requirements, Responsibilities, Guarantees, and all other writings contained herein.

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Revenue: Expenditure: 1003000-43515

Transfer In: Transfer Out:

M E M O R A N D U M

CITY OF CHINO

FINANCE DEPARTMENT

COUNCIL MEETING DATE: MARCH 21, 2023

TO: LINDA REICH, CITY MANAGER

FROM: ROB BURNS, DIRECTOR OF FINANCE

SUBJECT: AWARD OF CONTRACT - BANKING SERVICES.

RECOMMENDATION
Award a contract to Citizens Business Bank, Inc., Chino, CA for banking services for the City of Chino and Successor Agency and authorize the City Manager to execute all necessary documents on behalf of the City.

FISCAL IMPACT
The cost of banking services is dependent upon th e type and number of various banking transactions that occur during the year. It is anticipated that the annual cost of banking services will be approximately $125,000. Sufficient funds have been included in the Fiscal Year 2022 -23 budget and proposed Fiscal Year 2023-24 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

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COUNCIL MEETING DATE: MARCH 21, 2023
SUBJECT: AWARD OF CONTRACT - BANKING SERVICES
PAGE 2

BACKGROUND
The City of Chino currently banks with Citizens Business Bank for all City banking needs. The current contract with Citizens Business Bank expired on February 28, 2023.

ISSUES/ANALYSIS
With the expirat ion of our current banking contract, staff reviewed the option of developing a Request for Proposal (RFP) for banking services. During our research, it was learned that the City of Placentia recently went through the competitive bidding process and selecte d Citizens Business Bank for their banking services.

Per Section 3.32.060 of the City of Chino’s Purchasing Policy, the City can utilize the competitive bidding of another Federal, State or local agency as long as the City receives the same or better pricing. Staff has received a written offer from Citizens Business Bank indicating they will maintain our current pricing for a three-year period. This pricing mirrors the pricing contained in Citizens Business Bank response to the RFP issued by the City of Placentia. Staff has analyzed this pricing structure and has determined the City of Chino will be receiving the same pricing as the City of Placentia for its banking services.

Citizen Business Bank banking services have met the City and Successor Agency’s expectations over the course of the last three years. Citizens Business Bank continues to offer strength and stability as a banking institution.

Staff recommends Citizens Business Bank be selected to provide banking services for the City of Chino and th e Successor Agency for an additional three years based on: 1) the competitive bidding process of the City of Placentia; 2) the strength and stability of Citizens Business Bank; and 3) the quality customer service that we have received from Citizens Busines s Bank during the past three years.

Attachment: Citizen Business Bank Agreement
Citizen Business Bank RFP Proposal

RB/hm

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Project Name/No.: ________________ Contract No.: ______________ Project Manager: ________________ Approved: ______________

01225.0001/458762.1 1 (Short Form)

AGREEMENT FOR SERVICES

BETWEEN THE CITY OF CHINO AND CITIZENS BUSINESS BANK
THIS AGREEMENT FOR SERVICES (herein “Agreement”) is made and entered into this 1st day of March, 202 3 (“Effective Date”) by and between the CITY OF CHINO, a California municipal corporation (“City”) and CITIZENS BUSINESS BANK (herein “Consultant”).

RECITALS

A. Section 3.32.060 of the Chino Municipal Code provides that the City may dispense with competitive pricing procedures for professional services contracts “When the vendor was awarded a bid by another public agency, said agency used purchasing procedures substantially similar to those that the city would have been required to use, and the vendor offers the same price(s) to the city that it offered to the other agency.”
B. Following a solicitation process substantially similar to that which the City would have been required to use, the City of Placentia awarded a contract to Consultant to provide the kinds of services described in the Scope of Services in this Agreement.

C. Consultant offers to provide said services to the City for the same price offered to the City of Placentia and therefore the City has authority to enter into and execute this Agreement with Consultant without using its own competitive prici ng procedures.

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

NOW, THEREFORE, the parties hereto agree as follows:

1. SERVICES OF CONSULTANT

1.1 Scope of Services . In compliance with all of the terms an d conditions of this Agreement, the Consultant shall perform the work or services set forth in the “Scope of Services” attached hereto as Exhibit “A” and incorporated herein by reference. The Scope of Services shall include the scope of work included in C onsultant’s proposal, which shall be incorporated h erein 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. Consultant warrants that it has the experience and ability to perform all work and services required hereunder and that it shall diligently perform s uch work and services in a professional and satisfactory manner.

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1.2 Compliance With Law . All work and services rendered he reunder shall be provided in accordanc e with all or dinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental agency of competent jurisdiction.

1.3 California Labor Law . If the Scope of Services includes an y “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 prevai ling wages for such work and comply with the requir ements 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 wo rk to be performed under this Agreemen t is a “publi c 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 DI R. Contractor shall post job site not ices, as prescribed by regulation.
(b) Prevailing Wages . Contractor shall pay prevailing wages to t he extent required by Labor Code Section 1771. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of pe r diem wages are on file at City Hall and will be m ade available to any interested party on request. By initiating any work under thi s Agreement, Contractor acknowledges receipt of a copy of the Department of Industrial Relations (DIR) determination of the prevailing rate of per diem wages, a nd 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 La bor Code Sections 1774 and 1775 concer ning the payment of prevailing rates of wages to workers and the penalties for failure to pay pr evailing wages. The Contractor shall, as a penalty to the City, forfeit two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the wo rker is employed for any public work done pursuant to this Agreement by Contractor or by any subcontractor. (d) Payroll Record s. Contractor shall comply with and b e bound by th e provisions of Labor Code Section 1776, which requires Contractor and each subcont ractor to:
keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Sect ion 1776; certify and make such payrol l records ava ilable for inspection as provided by Section 1776; and inform the City of the location of the records. (e) Apprentices. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777. 5, 1777.6 , and 1777.7 and California Code of Regulations T itle 8, Section 200 et seq. concerning the employment of apprentices on publ ic works projects. Contractor shall be responsible for compliance with these aforementioned Sections for all apprenticeabl e occupations. Prior to commencing wor k under this Agreement,

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Contractor shall provide City with a copy of the information submitted t o any applicable apprenticeship program. Within sixty (60) days after concluding work pursuant to this Agreement, Contract or and each of its subcontractors shal l submit to t he 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 bo und by Labor Code Section 1810.
(g) Penalties for Excess Hours . Contractor shall comply with and b e bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contracto r shall, as a penalty to the City, for feit 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 Divisio n 2, Part 7, Chapter 1, Article 3 of the Labor Code.

Pursuant to Labor Code section 1815, work performed by employees of C ontractor in excess of eight (8) hours per day, and forty (40) hours during any one week shall be permitted upon public work upon comp ensation 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 p ayment 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 emplo yer 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 ________
(i) Contractor’s Responsibility for Subcontractors . For every subcontractor who will per form work under this Agreement , Contra ctor 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 cont ractual provisions and ensure subcontractor's compliance, including w ithout limitation, conducting a review of the certifi ed payroll records of the subcontractor on a period ic basis or upon becoming aware of the failure of the subcontractor to pay his or h er workers the specified prevailing rate of wages. Contractor shall diligently take corrective action to halt or rectify any such failure by any subcontractor.

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1.4 Licenses, Permits, Fees and Assessments . Consultant shall obtain at its sole cost and expense s uch licenses, permits, and approvals as may be required by law for the performance of the services required by the Agreement.

1.5 Software and Computer Services . If the Scope of Services includes the provision and/or installation of any software, computer s ystem, 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 in stalled by Consultant under this Agreement is compatible, and shall be fully functional, with such infrastructure, equipme nt, 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.

1.6 Special Requirements. Additional terms and conditions of th is Agreement, if any, which are made a part hereof are set forth in the “Special Requirements” attached hereto as Exhibit “B” and inco rporated herein by this referenc e. In the event of a conflict between the provisions of Exhibit “B” and any other provisi ons of this Agreement, the provisions of Exhibit “B” shall govern.

2. COMPENSATION

2.1 Contract Sum. For the services rendered pursuant to t his Agreement, Consultant shall be compensated in accordance with the “Schedule of Compensation” attached hereto as Exhibit “C”.

2.2 Invoices. Each month Consultant shall furni sh 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.
(c) Line items for all other approved reimbursable expen ses claimed, with supporting documentation.
(d) Line items for all approved subcont ractor 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.

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Consultant shall also submit a list of the prevailing wage rates for al l 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 fir st invoice following the effective date of the rate change.

City shall independently review each invoice submitted by the Consultant t o 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 corre ct and undisputed invoice; however, Consultant ackn owledges and agrees that due to City warrant run procedures, the City cannot guaran tee 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.

2.3 Additional Services. City shall have the right, subject t o state law and the City’s Municipal Code, at any time during the performance of th e 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 giv en by the Project Manager to the Consultant, incorporating therein any adjustment in (i) the Contract Sum for the actual c osts of the extra work, and/or (ii) the time to per form 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 Cou ncil 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 servic es specifically set forth in the Scope of Services. Consultant hereby acknowledges that it accepts the risk that the services to be pr ovided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates and that Consult ant shall not be entitled to additional compensatio n 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 procedu res established in this Section are followed.

2.4 Contingency of Funds.

Consultant acknowledges that funding or portions of funding for t his 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 othe rwise limited, City may immediately terminate or modify this Agreement without penalty.

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3. PERFORMANCE SCHEDULE

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

3.2 Schedule of Performance . Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) establis hed in the “Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this reference. When reque sted by the Consultant, extensions to the time peri od(s) specified in the Schedule of Performance may be approved in writing by the Project Manager but not exceeding thirty (30) days cumulatively.

3.3 Force Majeure . The time period(s) specified in the Schedul e of Performance for performance of the services re ndered pursuant to this Agreement shall be extended because of any delays due to un foreseeable 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 commencemen t 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 th e 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 t o 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 f orce and effect until completion of the services, which shall be no later than February 29, 20 24, except as otherwise provided in the Schedule of Performance ( Exhibit “D” ). This Agreement may be renewed by a w ritten 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.

4. COORDINATION OF WORK

4.1 Representative of Consultant. Deborah George hereby designated as being the representative of Consultant authorized to act on its behalf with respect to the work and services specif ied herein and make all decisions in connection therewith. All personnel of Consultant and any authorized agents shall be un der the exclusive direction of the representativ e of Consultant. 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, and shall keep City informed of any changes.

4.2 Project Manager . Rob Burns , or any other person as may be designated by the City Manager, is hereby designated as being the representative the City

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authorized to act in its behalf with respect to the work and servic es specified herein and to make all decisions in connection therewith (“Project Manager”).

4.3 Prohibition Against Subcontracting or Assignment . Consultant shall not contract with any entity to perform in w hole or in part the work or services required hereunder without the express written approval of the City. Neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. Any such prohibited assignment or transfer shall be void.

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. Consultant shall perform all services required he rein as an independent contractor of Ci ty 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 ar e agents or employees of City, or that it is a member of a joint enterprise with City.

5. INSURANCE AND INDEMNIFICATION

5.1 Insurance Coverages . Without limiting Consultant’s indemnification of City, and prior t o commencement of any services under this Agreement , Co nsultant shall obtain, provide and maintain at its own expense during the term of t his Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. (a) General liability insurance . Consultant shall maint ain 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, fo r bodily injury, personal injury, and property dama ge. The policy must include contractual liabilit y that has not been amended. Any endors ement restricting standard ISO “insured contract” language will not be accepted.
(b) Automobile liability insurance . C onsultant shall maintain automobile insurance at le ast as broad as Insurance Services Office form C A 00 01 covering bodily injury and prop erty damage for all activities of the Consultant arising out of or in connection with Services to be performed under t his Agreement, including coverage for any owned, hi red, non- owned or rented vehicles, in an amount not less than $1,000,000 combined singl e limit for each accident.
(c) Professional liability (errors & omissions) insurance . Consultant shall maintain professional liability insurance that covers the Service s to be performed in connection with this Agreement, in the minimum amount of $1,000,00 0 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the e ffective date of this Agreement and Consultant agrees to maintain continuous coverage through a per iod no less than three (3) years after completion of the services required by this Agreement. (d) Workers’ compensation insurance . Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).

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(e) Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certifica tes and certified endorsements for each subcontractor. All coverages for subcontractors shall inclu de 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 o f in surance. Consultant shall provide certificat es of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insu rance certificates and endorsements must be approved by City’s Risk Manager prior to commencement o f 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 o f coverage . Consultant shall procure an d maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the per formance 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 l imits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall cont ain or be endorsed to contain a provision that such coverage shall also apply on a primary and non - contributory basis for the benefit of C ity before the City’s own insurance or self -insurance shall be called upon to protect it as a named insured.
(d) City’s rights of enforcement. In the event any policy of insurance required under this Agreement does no t comply with these specifications or i s canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any pr emium paid by City will be promptly reimbursed by C onsultant 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 issu ed 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.
(f) Waiver of subrogation . All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation a gainst C ity, its elected or appointed officers, agents, officials, employees and volunt eers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specificat ions to

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waive their right of recovery prior to a lo ss. Consultant hereby waives its own right of re covery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(g) Enforcement of contract p rovisions (non -estoppel). Consultant acknowledges and agrees that any actual or alleged failure on th e 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 contain ed 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 pertai ns 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 C onsultant maintains higher limits than the minimums shown above, the City requires and shall be ent itled 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 obli ge its insurance agent or broker and in surers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) da y notice is required) or nonrenewal of coverage for each required coverage.
(j) Additional insured status. General liability policies shal l provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This p rovision 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 wh om claim is made or suit is brought, exc ept with respect to the insurer’s limit s 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 pro ject who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consu ltant agrees to monitor and review all such coverag e and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements 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 r eserves the right at any time during the term of the contract to change the amounts and types of insurance required by

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giving the Consultant ninety (90) days advance wri tten notice of such change. If such change results in substantial additional cost to th e 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 cover age under any of the required liability policies.
(q) Additional insurance . Consultant shall also p rocure and maintain, at its own cost an d 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 jud icial, 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 b y an y person, firm or entity arising out of or i n connection with the negligent performance of the work, operations or activities provided herein of Consultant, its officers, employees, agents, subcontractors, invitees, or any individual or entity for whic h Co nsultant is legally liable (“indemnitors”), or arising from Consultant’s or indemni tors’ 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, except claims or liabilities occurring as a result of City’s sol e negligence or willful acts or omissions . Notwithstanding the above, a design professional’s indemnity hereunder shall be limited to claims and liabilities arising out of the n egligence, recklessness or willful misco nduct of the design professional. The i ndemnity obligation shall be binding on successors and assigns of Consultant and shall survive termination of this Agreement.

6. RECORDS, REPORTS, AND RELEASE OF INFORMATION

6.1 Records. Consultant shall keep, and require s ubcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursement s charged to City and services performed hereunder (the “books and records”), as shall be necessary to perform the services required by th is Agreement and enable the Project Manager to evaluate the performance of such services and shall keep such records for a period of three years following completion of the services hereunder. The Project Manager shall have full and free access to such bo oks and records at all times during normal business hours of City, including the right to inspect, copy, audit and mak e records and transcripts from such records.

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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 or as the Project Manager shall require.

6.3 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 entit ies other than the City without prior w ritten authorization from the Project Manager.
(b) Consultant shall not, without prior written authorization from the Project Manager or unless requested by the City At torney, voluntarily provide documents, declarati ons, letters of support, testimony at d epositions, response to interrogatories or other information concerning the work performed under this Agreement. Resp onse to a subpoena or court order shall not be considered “voluntary” provided Consultant gives the City notice of such court order or subpoena.
(c) If Consultant provides any information or work product in violation of this Agreement, then the City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, inc luding attorney’s fees, caused by or in curred as a result of Consultant’s conduct.
(d) Consultant shall promptly notify the City should Consultant be served with any summons, complaint, subpoena, notice of de position, request for documents, interrogatories, request for admissions or other disco very request, court order or subpoena from any party regarding this Agreeme nt and the work performed there under. The City retains the right, but has no obligation, to r epresent Consultant or be present at any deposit ion, hearing or similar proceeding. Consultant agrees to cooperate fully with the City and to provide the City with the opportunity to review any response to discovery requests provided by Consultant.

6.4 Ownership of Documents. All studies, surveys, data, no tes, computer files, reports, records, drawings, specifications, maps, designs, photographs, documents and other materials (the “documents and materials”) pr epared by Consultant in the performance of this Agreement shall be the property of the City and shall be delivered to the City upon request of the Project Manager or upon the termination of this Agreement, and Consultant shall have no claim for further emp loyment or additional compensation as a result of t he exercise by the City of its full rights of ow nership use, reuse, or assignment of th e documents and materials hereunder.

Moreover, Consultant with respect to any documents and materials that may qualif y as “works made for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby d eemed “works made for hire” for the City.

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 p arties in accordance with the laws of the State of California. Legal actions concernin g any dispute, claim or matter arising out of or in

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relation to this Agreement shall be instituted in the Superior Cou rt of the County of San Bernardino, State of California. In the event of litigation in a U.S. Distr ict 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 tim eframe is presumptively thirty (30) days, but may be extended, if circumstances warrant. During the period of time th at Consultant is in default, the City shall hold al l in voices and shall, when the default is cured, proceed with payment on the invoices. If Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under this Article.

7.3 Legal Action. In addition to any other rig hts or remedies, either party may take legal act ion, in law or in equity, to cure, corr ect or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to ob tain 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 ny legal action under this Agreement.

Except with respect to r ights and remedies expressly declared t o be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either par ty 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.

7.4 Liquidated Damages . Since the determination of actual damages for any delay in performance of t his Agreement would be extremely difficult or im practical 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 de lay 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.

7.5 Termination Prior to Expiration of Term . This Section shall govern any termination of this Contract except as specifically provided in the f ollowing 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 no tice to Consultant, except that where termination is due to the fault of the Consultant, the period of notice may be such shorter time as may be determined by the Project Manager. In addition, the Consultant reserves the right to terminate this Contract a t an y 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 te rmination, Consultant shall immediately cease all services hereunder except such as may be specifically

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approved by the Project Manager . Except where the Consultant has initiated termination, the Consultant shall be entitled to compensation for all servic es rendered prior to the effective date of the notice of termination and for any servic es authorized by the Project Manager thereafter in accordance with the Schedule of Compensation or such as may be appr oved by the Project Manager. 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, but not exceeding the compensation provided therefore in the Schedule of Compensation Exhibit “C”. In the event of termination without cause pursuant to this Section, the terminati ng party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2.

7.6 Termination for Default of Consultant. If termination is due t o th e failure of the Consultant to fulfill its obligations under this Agreement, City m ay, 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 hereunde r 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.

8. MISCELLANEOUS

8.1 Covenant Against Discrimination . Consultant covenants that, by and for itself, its h eirs, executors, assigns and all persons claiming u nder 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 st atus, national origin, ancestry, or other protected class in the performance of this Agreement. Consultant shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orienta tion, marital status, national origin, ancestry, or other protected class

8.2 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.

8.3 Notice. 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 M anager and to the attention of the Project Manager (with her/his name and City title), City of Chino, 13220 Central Avenue, Chino, California 91710 and in the case of the Consultant, to the person (s) at the address designated on the execution page of this Agreement.

Either party may change its address by notifying the other party of the 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.

8.4 Integration; Amendment . It i s un derstood t hat there are no oral agreements between the parties hereto affecting thi s Agreement and this Agreement supersedes

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and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and no ne shall be used to interpret this Agreement. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing.

8.5 Severability. In the event that part of this Agre ement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or un enforceability shall not affect any of the remaining portions of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent o f th e 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.

8.6 Waiver. No delay or omission in the exercise of any right or remedy by non-defaulting party on any default shall impair such right or remedy or be construe d as a waiver. A party’s consent to or approval of any act by the other party requiring the party’s consent or approval shall not be deemed to waive or render unnecessary the other party’s consent to or approval of any subsequent act. Any waiver by eithe r party of any default must be in writing and shall not be a waiver of any other default concerning the same or any ot her provision of this Agreement.

8.7 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 any be grante d, whether legal or equitable, shall be entitled to reasonable attorney’s fees, whether or not the matter proceeds to judgment.

8.8 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.

8.9 Counterparts. This Agreement may be executed in count erparts, each of which shall be deemed to be an ori ginal, and such counterparts shall constitute one and the same instrument.

8.10 Warranty & Representation of Non-Collusion. No official, officer, or employee of City has any financial interest, direct or indi rect, 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 wh ich (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 “fin ancial 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 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

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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 o f ob taining or being awarded any agreement. Consultant is aware of and understands tha t any such act(s), omission(s) o r other conduct resulting in such payment of money, consideration, or other thing of v alue will render this Agreement void and of no forc e or effect.

Consultant’s Authorized Initials _______

8.11 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 delive r this Agreement on behalf of said party, (iii) by so executing this Agreement, such pa rty is formally bound to the provisions of this Agreement, and (iv) the 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, administrato rs, 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

Rob Burns, Department of Finance Director
ATTEST:

Natalie Gonzaga, City Clerk

CONSULTANT:

CITIZENS BUSINESS BANK
By:

Name: Deborah George
Title: Senior Vice President and
Manager, Government Services

Address: 701 North Haven Avenue,
Ontario, CA 91764

Two corporate officer signatures required when Con sultant is a corporation, with one signature required from each of the fo llowing groups: 1) Chairman o f th e Boar d, Pre sident or any Vice Presid ent; and 2) Secretary, any Assistant Secretary, Chief Fina ncial Officer or any Assistant Treasurer. CONSULTANT’S

SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE

INCLUDED AS MAY BE REQUIRED BY T HE BYL AWS, A RTICLES OF INC ORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY.

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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

COUNTY OF SAN BERNARDINO
On __________, 2023 before me, ________________, per sonally appeared ________________, proved to me on the basis of satisfactory evidence to be the per son(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hi s/her/their authorized capaci ty(ies), a nd tha t by his/her/their signat ure(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 foregoin g paragraph is true and correct.

WITNESS my hand and official seal.

Signature: _____________________________________

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

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER
_______________________________

TITLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

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

___________________________________

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

SIGNER(S) OTHER THAN NAMED ABOVE

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

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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

COUNTY OF SAN BERNARDINO
On __________, 2023 before me, ___ _____________, personally app eared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whos e names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), an d th at by his/her/their signat ure(s) on t he instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.

Signature: _____________________________________

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

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER
_______________________________

TITLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

___________________________________

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

SIGNER(S) OTHER THAN NAMED ABOVE

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01225.0001/458762.1
EXHIBIT “A”

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

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01225.0001/458762.1
EXHIBIT “B”

SPECIAL REQUIREMENTS

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01225.0001/458762.1
EXHIBIT “C”

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

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01225.0001/458762.1
EXHIBIT “D”

SCHEDULE OF PERFORMANCE
I. Consultant shall perfor m all services and deliver all work products timely in accordance with this Agreement from March 1, 2023 to February 29, 2024.

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Revenue: Expenditure: 6102050-43060

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M E M O R A N D U M

CITY OF CHINO

HUMAN RESOURCES DEPARTMENT

COUNCIL MEETING DATE: MARCH 21, 2023

TO: LINDA REICH, CITY MANAGER

FROM: GERIANN KINGSLAN, DIRECTOR OF HUMAN RESOURCES / RISK

MANAGEMENT

SUBJECT: AUTHORIZE VENDOR CAP INCREASE - GOVCONNECTION, INC.

RECOMMENDATION
Approve a vendor cap increase for GovConnection, Inc. in the amount of $121,356, for a not-to- exceed amount of $150,000, for information technology purchase orders.

FISCAL IMPACT
Sufficient funds are included in the Fiscal Year 2022-23 Operating Budget.

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

10.14 CONSENT CALENDAR
Packet Pg. 352
COUNCIL MEETING DATE: MARCH 21, 2023
SUBJECT: AUTHORIZE VENDOR CAP INCREASE - GOVCONNECTION, INC PAGE 2

BACKGROUND
GovConnection, Inc. is one of the providers of the City's information technology -related products. In order to comply with the co mpetitive bidding process enumerated within the City's Purchasing Ordinance, the vendor cap needs to be increased.

ISSUES/ANALYSIS
Per the City’s Purchasing Ordinance (3.32.070(A)(2)), purchases with an estimated cost greater than $10,000 shall require com petitive pricing. GovConnection, Inc. has provided the lowest cost on several information technology -related products and requires a vendor cap increase in order to provide for competitive bidding for other products needed for the remainder of the fiscal year.

An additional vendor cap of $121,356 is being requested in order to allow for an available amount of vendor cap for future competitive bidding as is required, for an aggregate total amount not to exceed $150,000.

No appropriation is required as the expenditures are within the adopted Fiscal Year 2022 -23 Budgeted Appropriations. City Council authorization is required as the combined total of purchase orders will exceed $50,000 previously authorized for this vendor.

10.14 CONSENT CALENDAR
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Revenue: Expenditure: 3227190 -48005-SN211 & 5507380-48005- SN211

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M E M O R A N D U M

CITY OF CHINO

PUBLIC WORKS DEPARTMENT

COUNCIL MEETING DATE: MARCH 21, 2023

TO: LINDA REICH, CITY MANAGER

FROM: AMER JAKHER, PUBLIC WORKS DIRECTOR

SUBJECT: NOTICE OF COMPLETION: SN211 - ALLEY SANITATION REHAB PHASE II.

RECOMMENDATION
1) Accept the Alley Sanitation Rehabilitation Phase 2 Project (SN211), Gentry Bros., Irwindale, CA, Contract 2022-216 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 established project budget. The remaining funds will be returned to the proper fund balance.

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
• Responsible Long-Range Planning

10.15 CONSENT CALENDAR
Packet Pg. 354
COUNCIL MEETING DATE: MARCH 21, 2023
SUBJECT: NOTICE OF COMPLETION: SN211 - ALLEY SANITATION REHAB PHASE II PAGE 2

BACKGROUND
On December 7, 2021, City Council awarded a construction contract to Gentry Bros., Irwindale, CA, in the amount of $1,423,393.75 (2022-216) for the Alley Sanitation Rehab Phase II Project (SN211). Additionally, the City Council authorized expenditures of up to $142,339.00 for project contingencies for a total construction contract amount not-to exceed $1,565,732.75.

The improvements constructed as part of this project phase included the north and south alleys from 10th Street to Benson Avenue, between "B" Street and Chino Avenue. Repairs include reconstructing alleys, streets, drive approaches, sidewalks, curbs, gutters, and accessible paths of travel that meet all applicable City accessibility standards.

ISSUES/ANALYSIS
All work has been completed per the terms of the construction contract 2022-216. The following is a summary of the final accounting of costs for construction:

Project # SN211 Contract Contingency
Original Contract & Contingency $1,423,393.75 $142,339.00 Change Order #1 $62,565.39 -$62,565.39
Final Contract & Contingency Balance $1,485,959.14 $79,773.61

Gentry Bros., Irwindale, CA, has complied with the terms of the contract. A Notice of Completion has been prepared for filing with the San B ernardino County Recorder's Office. The retention funds will be released following the 35-day lien period.

Attachment: Notice of Completion - Project No. SN211 Phase 2

10.15 CONSENT CALENDAR
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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

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 March 7, 2023

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

Gentry Bros, 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:

Alley/Sanitation Rehabilitation Phase II

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: 3/7/23 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 Director of Public Works for the City of Chino. I have read the foregoing Notice of Completion and know the contents thereof; and I certify that the same is true of my own knowledge.

I declare under penalty of perjury, that the foregoing is true and correct. Executed on _March 7, 2023 , at City of Chino, California

Amer Jakher
Director of Public Works

10.15.a
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Revenue: Expenditure: 3207100 - 48003 | 48005 | 48008 | 48009 - R7200.

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M E M O R A N D U M

CITY OF CHINO

PUBLIC WORKS DEPARTMENT

COUNCIL MEETING DATE: MARCH 21, 2023

TO: LINDA REICH, CITY MANAGER

FROM: AMER JAKHER, PUBLIC WORKS DIRECTOR

SUBJECT: NOTICE OF COMPLETION: MASONRY BLOCK WALL AT CHINO POLICE DEPARTMENT (R7200).

RECOMMENDATION
1) Accept the Masonry Block Wall at Chino Police Department Project (R7200), Metrocell Construction, Inc., Ontario, CA, contract No. 2022-299 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 established budget.

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
• Responsible Long-Range Planning

10.16 CONSENT CALENDAR
Packet Pg. 357
COUNCIL MEETING DATE: MARCH 21, 2023
SUBJECT: NOTICE OF COMPLETION: MASONRY BLOCK WALL AT CHINO POLICE DEPARTMENT (R7200)
PAGE 2

BACKGROUND
On April 19, 2022, City Council awarded a construction contract to Metrocell Construction, Inc., Ontario, CA, in the amount of $860,068 for Project No. R7200 Central Ave. State Route 60 Improvements Reimbursements - Masonry Block Wall Project at Chino Police Department.

Additionally, the City Council authorized expenditures of up to $86,006 for project contingencies bringing the total construction contract to a not-to exceed amount of $946,074.

ISSUES/ANALYSIS
All work has been completed per the terms of the contract. The following is a summary of the final accounting of construction cost:

Original Construction Contract Amount $860,068.00
Contract Change Order No. 1 $35,765.00
Final Construction Contract Amount $895,833.00
Construction Contingency Balance $50,241.00

Metrocell Construction, Inc., Ontario, 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 - Metrocell Construction, Inc. (R7200)

10.16 CONSENT CALENDAR
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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

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 March 21, 2023

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

Metrocell Construction, 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:

Masonry Block Wall at Chino Police Department (R7200)

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: 3/21/2023 Amer Jakher, Director of Public Works

CERTIFICATION FOR NOTICE OF COMPLETION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO )ss

CITY OF CHINO )

I declare under penalty of perjury, that the foregoing is true and correct. Executed on March 21, 2023 , at City of Chino, California

Amer Jakher
Director of Public Works

10.16.a
Notice of Completion: Masonry Block Wall at Police
Packet Pg. 359

Revenue: Expenditure:

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M E M O R A N D U M

CITY OF CHINO

POLICE DEPARTMENT

COUNCIL MEETING DATE: MARCH 21, 2023

TO: LINDA REICH, CITY MANAGER

FROM: WES SIMMONS, CHIEF OF POLICE

SUBJECT: ASSEMBLY BILL (AB) 481 - FUNDING, ACQUISITION, AND USE POLICY.

RECOMMENDATION
1) Conduct a Public Hearing and 2) approve the introduction of Ordinance No. 2023-010, approving the Chino Police Department's "Military Equipment" Use Policy per the requirements of Assembly Bill 481 to be read by number and title only and waive further reading of the ordinance.

FISCAL IMPACT
There is no fiscal impact.

CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES <https://ca- chino.civicplus.com/415/Strategic-Plan>:

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:

· Public Service Excellence through Internal and External Partnerships

11.17 PUBLIC HEARING
Packet Pg. 360
COUNCIL MEETING DATE: MARCH 21, 2023
SUBJECT: ASSEMBLY BILL (AB) 481 - FUNDING, ACQUISITION, AND USE POLICY PAGE 2

BACKGROUND
Effective January 1, 2022, Assembly Bill (AB) 481 requires all California law enforcement agencies to obtain approval of the applicable governing body (Mayor and City Council), by adoption of a “military equipment” use policy prior to taking certain actions relating to the funding, acquisition, or use of “military equipment”, as defined.

ISSUES/ANALYSIS
AB 481 is misleading in the use of the term “military equipment.” The Chino Police Department does not use equipment obtained from the military. The Chino Police Department does not participate in the 1033 progr am for procuring surplus military equipment. The acquisition and implementation of each tool the department uses is designed to help officers deescalate, create distance, increase safety, and most importantly assist in the preservation of human life.

Assembly Bill (AB) 481 requires each law enforcement agency's governing body to adopt a written military use policy by ordinance in addition to other requirements by the bill. The following are required:
· Publish the draft military equipment use policy to the Police Department’s website 30 days ahead of a public hearing to approve the policy.
· Obtain approval by the applicable governing body (Mayor and City Council), by adoption of a military equipment use policy prior to taking certain actions relating to the funding, acquisition, or use of military equipment, as defined. (See definitions below) · Publish an annual report by the law enforcement agency to include each type of military equipment approved by the governing body.
· Annual review of the military equipment use ordinance by the governing body, and option to either disapprove a renewal of a type of military equipment or amend the military equipment use policy if it determines that the military equipment does not comply with standards for approval.
· Hold at least one well -publicized and conveniently located community engagement meeting within 30 days of submitting and publicly releasing the annual military equipment report.

AB 481 designates the following categories of items as military equipment:
· Unmanned, remotely piloted, powered aerial or ground vehicles · Mine-resistant ambush-protected vehicles or armored personnel carriers · High mobility multipurpose wheeled vehicles (HMMWV), two -and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached · Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion
· Command and control vehicles that are either built or mod ified to facilitate the operational control and direction of public safety units · Weaponized aircraft, vessels, or vehicles of any kind

11.17 PUBLIC HEARING
Packet Pg. 361
COUNCIL MEETING DATE: MARCH 21, 2023
SUBJECT: ASSEMBLY BILL (AB) 481 - FUNDING, ACQUISITION, AND USE POLICY PAGE 3

· Battering rams, slugs, and breaching apparatuses that are explosive in nature · Firearms and ammunition of .50 calib er or greater, excluding standard -issue shotguns and standard-issue shotgun ammunition
· Specialized firearms and ammunition of less than .50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code §30515, with the exception of standard-issue handguns
· Any firearm or firearm accessory that is designed to launch explosive projectiles · “Flashbang” grenades and explosive breaching tools, “tear gas,” and “pepper balls,” excluding standard, service-issued handheld pepper spray · Taser Shockwave, microwave weapons, water cannons, and long -range acoustic devices
· Projectile launch platforms and their associated munitions including 40mm projectile launchers, “bean bag,” rubber bullet, and specialty impact munition weapons · Any other equipment as determined by a governing body or a state agency to require additional oversight

To meet the requirements of AB 481, the Chino Police Department has drafted a policy and ordinance which has been reviewed by City Attorney Fred Galante.

Prior to obtaining approval by our governing body, AB 481 also requires the police department to post the draft ordinance, policy and equipment list on our website which can be found here:
<https://chinopd.org/269/Policies-Procedures-SB-978>

Additionally, AB 481 requires the department to host a community engagement meeting which was hosted on Tuesday, March 14, 2023, at the police department. This meeting was advertised at least 30-days in advance and community members will have the opportunity to discuss funding, acquisition, and our use of “military equipment”, as defined by AB 481.

Attachment: Chino Police Department Lexipol Policy
“Military Equipment” Inventory List

11.17 PUBLIC HEARING
Packet Pg. 362

1 Ordinance No. 2023-010
01225.0010/774838.4

ORDINANCE NO. 2023-010

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO,

CALIFORNIA APPROVING THE UPDATED CHINO POLICE
DEPARTMENT’S AB 481 FUNDING, ACQUISITION, AND USE
POLICY.

WHEREAS, on September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481 (creating Government Code Section 7070, et seq.), relating to use of military equipment by California law enforcement agencies;
WHEREAS, AB 481 seeks to provide transparency, oversight, and an opportunity for meaningful public input on decisions regarding whether and how military equipment is funded, acquired, or used;
WHEREAS, the Chino Police Department is in possession of certain items of equipment that qualify under the broad definition of “military equipment” under AB 481; WHEREAS, AB 481 requires that a law enforcement agency possessing and using such qualifying equipment p repare a publicly released and written military equipment use policy document covering the inventory, description, purpose, use, acquisition, maintenance, fiscal impacts, procedures, training, oversight, and complaint process, applicable to the Department’s use of such equipment;
WHEREAS, Lexipol Policy 708 “The Use of Military Equipment as defined by AB 481,” was published on the Chino Police Department’s internet website on March 21, 2022. The same was presented to Chino City Council on April 19, 2022 and adopted on April 27, 2022; and WHEREAS, the revised Lexipol Policy 708 was published on the Chino Police Department’s internet website on February 13, 2023; and
WHEREAS, the Policy and supporting information must be approved by the governing body by ordinance, and reviewed annually;
WHEREAS, the City Council of the City of Chino , having received the information required under AB 481 regarding the Chino Police Department’s use of “military equipment” as defined in said law, deems it to be in the best interest of the City to approve updates to the Military Equipment Use Policy as set forth herein.

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

SECTION 1. The City Council finds that the above recitals are true and correct and are incorporated herein by this reference.

SECTION 2. City Council hereby approves and adopts the following:

Military Equipment Policy.

11.17.a
Assembly Bill (AB) 481 - "Military Equipment" Funding,
Packet Pg. 363

2 Ordinance No. 2023-010
01225.0010/774838.4

(a) The City Council has made the following determinations:
(1) The military equipment inventoried and presented to the City Council is necessary because there is no reasonable alternative that ca n achieve the same objective of officer and civilian safety;
(2) This proposed updated military equipment use policy attached hereto as Exhibit “A” (“Policy”) will safeguard the public’s welfare, safety, civil rights, and civil liberties; (3) The equipment described in the Policy is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civili an safety (if any);
(4) Prior military equipment use complied with the applicable equipment use policy (which included equipment now defined as military equipment) that was in effect at the time, or if prior uses did not comply with the accompanying Policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance by way of the adoption of the Policy by this Ordinance.
(b) The Chino Police Department has made the Policy available on the Police Department’s website for at least 30 days prior to the public hearing concerning the military equipment at issue and described in the Policy.
(c) The Policy was considered by the City Council as a public hearing agenda item in an open session of a regular meeting, noticed in accordan ce with the Ralph M. Brown Act, at which public comment was permitted at the public hearing held on March 21, 2023 at 7:00 p.m. at the Chino City Council Chambers.
(d) The Policy shall be made publicly available on the Police Department’s website for as long as the military equipment is available for use.
(e) The Chino Police Department shall submit an annual military equipment report to the City Council, containing the information required in Government Code Section 7072, and the City Council shall determine whether each type of military equipment identified in that report has complied with the standards for approval set forth in (a)(1)-(4) above. (f) The City Council shall review this Ordinance, and vote on whether to renew it, on an annual basis at a regular meeting, in accordance with Government Code Section 7071(e)(2). (g) The City Council approves the use of the Policy and finds that it satisfies the requirements of Government Code Section 7070(d).

SECTION 3. The City Council hereby authorizes and directs the Mayor and the City Clerk to execute this Ordinance on behalf of the City of Chino forthwith upon its adoption.

SECTION 4. The City Clerk shall certify as to the passage of this Ordinance and shall cause the same to be published and/or posted at the designated locations in the City of Chino.

SECTION 5. This ordinance shall become effective thirty (30) days following its adoption.

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3 Ordinance No. 2023-010
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PASSED, APPROVED, AND ADOPTED this 4th day of April, 2023

Eunice M. Ulloa, Mayor
ATTEST:

City Clerk

Attachments incorporated by reference:

1. Exhibit A — Lexipol Policy 708 “Military Equipment”

2. Exhibit B — Military Equipment Inventory as of February, 2023

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Exhibit “A”
Chino Police Department
Chino PD Policy Manual
The use of "Military Equipment" as defined by AB481

Chino Police Department
Chino PD Policy Manual

The use of "Military Equipment" as defined by
AB481
708.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of "military equipment" as defined by Government Code § 7070; Government Code § 7071, and Government Code § 7072. The Chino Police Department does not use equipment obtained from the military. All equipment obtained and used by the Chino Police Department is designed for municipal police services.
708.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):

Governing body – The elected or appointed body that oversees the Department.

Military equipment – Defined by and identified in Government Code Section 7071 (c) (1 - 15).
708.2 POLICY
It is the policy of the Chino Police Department that members of this department comply with the provisions of Government Code § 7071 with respect to military equipment. 708.3 MILITARY EQUIPMENT COORDINATOR
The Chief of Police designates the Professional Standards Unit to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as liaison to the governing body for matters related to the requirements of this policy.
(b) Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.
(c) Conducting an inventory of all military equipment annually.

Policy
708

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(d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Chino Police Department (Government Code § 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:

1. Publicizing the details of the meeting.

2. Preparing for public questions regarding the department's funding, acquisition, and use of equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government Code § 7072).
(g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner.
708.4 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the milita ry equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the governing body and is available on the department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071). The military equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071):
(a) Requesting military equipment made available pursuant to 10 USC § 2576a. (b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department. (e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiring military equipment through any means not provided above. 708.5 COORDINATION WITH OTHER JURISDICTION
Military equipment used by any member of this jurisdiction s hall be approved for use and in accordance with this Department policy. Military equipment used by other jurisdictions that are providing mutual aid to this jurisdiction shall comply with their respective military equipment use policies in rendering mutual aid.

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708.6 MAINTENANCE OF MILITARY USE SUPPLY LEVELS
When stocks of military equipment have reached low levels, the Department may order up to 30% of stock in a fiscal quarter without City Council's pre-approval to maintain essential availability for the police department's needs.
708.7 COMPLIANCE
The Professional Standards Unit will ensure that all Department members comply with this policy.

The Professional Standards Unit will conduct an annual audit. The Chief of Police or the authorized designee will be notified of any policy violations and, if needed, the violation(s) will be referred to the Professional Standards Unit and handled in accordance with the Personnel Complaints Policy.

All instances of non -compliance will be reported to Chino City Council vi a the annual military equipment report.

Any member of the public can register a question or concern regarding military use equipment by contacting the Chino Police Department via email at [email protected], which will be routed to the Professional Standards Unit. A response to the question or concern shall be completed by the Department in a timely manner.

Any member of the public can submit a complaint to any member of the Department and in any form (i.e. in person, telephone, email, etc.). Once the complaint is received, it should be routed to the Professional Standards Unit in accordance with Personnel Complaints Policy. 708.8 ANNUAL REPORT
Upon approval of a military equipment policy, the Chief of Police or the authorized designee should submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072).

The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in department inventory. 708.9 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual “Military Equipment” report, the Department shall hold at least one well -publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment. 708.10 MILITARY EQUIPMENT INVENTORY
The following constitutes a list of qualifying equipment for the Department:

See Exhibit “B”

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Exhibit “B”
“MILITARY EQUIPMENT” as defined by AB 481 as of February 2023

1. Unmanned, remotely piloted, powered aerial or ground vehicles (Category 1) a. Description, quantity, capabilities, and purchase cost:
i. DJI MATRICE M210, cost: approximately $8,500 each, quantity: 2. UAS that weighs approximately 10.5 pounds has infrared capability and is able to record video and audio with approximately 30 minutes of flight time. ii. DJI PHANTOM 4 PRO, cost: approximately $800 ea ch, quantity: 2. UAS that weighs approximately 3 pounds and has video recording capabilities, approximately 30 minutes of flight time.
iii. DJI MAVIC 2 ENTERPRISE ADVANCED, cost: approximately $3,500 each, quantity: 2. UAS that weighs approximately 2.5 pounds has infrared capability and is able to record video and audio with approximately 30 minutes of flight time.
iv. DJI MAVIC AIR, cost: approximately $700 each, quantity: 2. UAS that weighs approximately 1 pound and is able to record video and audio with approximately 20 minutes of flight time.
b. Purpose: To be deployed when its view would assist officers or incident commanders with the following situations, in compliance with FAA regulations and with respect for constitutional rights and privacy, which include but are not limited to: Crime scene documentation, traffic collision scene documentation, searches for missing persons, disaster response, searches for suspects who are believed to be hiding within a defined incident perimeter, in support of search warrant or tactical operations such as barricaded suspects, mapping of critical infrastructure for Homeland Security purposes, security operations at larger public gatherings, where images are not recorded except for criminal behavior, critical incident management, enforcement of City Municipal Codes related to Health and Safety, such as fireworks, aerial imaging services to other units of government. c. Authorized Use : Only assigned operators who have completed the required training shall be permitted to operate UAS equipment during approved missions. d. Expected Life Span: All UAS equipment, approximately 3-5 years. e. Fiscal Impac t: Annual maintenance and battery replacement cost is approximately $400.
f. Training: All Department UAS operators are licensed by the Federal Av iation Administration for UAS operation. In addition, each operator must attend a 40-hour department training and ongoing quarterly training.
g. Legal and Procedural Rules : Use is established in the Unmanned Aerial System’s Policy and FAA Regulation 14 CFR Part 107. It is the policy of the Chino Police Department to utilize UAS only for official law enforcement purposes, and in a manner that respects the privacy of our community, pursuant to State and Federal law.

2. Unmanned, remotely piloted, powered aerial or ground vehicles (Category 1)

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a. Description, quantity, capabilities, and purchase cost:
i. ICOR Mini -Caliber robot, cost: approximately $80,000, quantity: 1.

Designed for rapid tactical missions, the robot is simple to operate and quick to deploy for searching rooms, hallways, stairwells, and confined spaces. With rubber tracks and articulating front and rear flippers, the Mini- CALIBER effortlessly climbs stairs. It also includes an extendible rotating claw arm that simplifies opening door handles.
ii. Recon Robotics, Throwbot XT, cost: approximately $12,000 each, quantity:

2. The Throwbot® XT is a throwable, mobile micro-robot that provides both audio and video reconnaissance of dangerous environments. Personnel can use the new micro -robot to quickly gain situational awareness during high-risk operations and surveillance missions.
b. Purpose: To be deployed when its capabilities would assist officers or incident commanders when dealing with tactical or lifesaving operations. The robot can be directed to move through a structure and transmit real-time video and audio. These reconnaissance features can locate and identify subjects, confirm presence of hostages, and reveal building layout. These robotic technologies may be used in many different circumstances including but not limited to:

Searches for suspects who are believed to be hiding within a defined incident perimeter, in support of search warrant or tactical operations such as barricaded suspects, hostage rescue incident, crisis negotiations, disaster response.
c. Authorized Use: These robotic technologies are primarily used by trained SWAT officers, however, may be utilized by additional personnel as needed. d. Expected Life Span: Approximately 5-10 years.
e. Fiscal Impact: Warranties for these products are limited (2 years). Maintenance costs are then considered out of pocket and can range from $500 and up for repairs.
f. Training: While not required by law, specialized training in the utilization of these devices is recommended. SWAT personnel train with these devices regularly and maintain their serviceability.
g. Legal and Procedural Rules: It is the policy of the Chino Police Department to utilize a robot only for official law enforcement purposes, and in a manner that respects the privacy of our community, pursuant to State and Federal law.

3. Command and Control Vehicles (Category 5)
a. Description, quantity, capabilities, and purchase cost:

LENCO BEARCAT, G2, cost: approximately $273,000, quantity: 1. The Lenco Bearcat, G2, is an armored vehicle that seats 10-12 personnel with open floor plan that allows for rescue of downed personnel or civilians. The Bearcat G2 has increased ground clearance and a robust suspension which allows for an emergency response to almost any situation. It can stop various projectiles, which provides greater safety to the community and officers beyond the protection level of shield and personal body armor.

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b. Purpose: To be used in response to critical incidents to enhance officer and community safety, imp rove scene containment and stabilization, and assist in resolving critical incidents.
c. Authorized Use: The use of armored vehicles shall only be authorized by a watch commander or SWAT commander, based on the specific circumstances of a given critical incident. Armored vehicles shall be used only by officers trained in their deployment and in a manner consistent with department policy and training. d. Lifespan: Lenco Bearcat model G2, approximately 15 years. e. Fiscal Impact: Annual maintenance cost of approximately $1,000. f. Training: All driver/operators shall attend formalized instruction and be trained in vehicle operations and practical driving instruction.
g. Legal and Procedural Rules: Use is established in the Vehicle Use Policy. It is the policy of the Department to utilize armored vehicles only for official law enforcement purposes, and pursuant to State and Federal law.

4. Command and Control Vehicles (Category 5)
a. Description, quantity, capabilities, and purchase cost:

Mobile Command Center (MCC): A 2002 Workhorse RV, cost: approximately $195,000, quantity: 1. The MCC is a retrofit recreational vehicle containing a mobile office that provides shelter, access to police department computer systems, and restroom facilities for extended events. The MCC can also be utilized for SWAT/CNT and other critical incidents, preplanned large events, searching for missing persons, natural disasters, and community events. b. Purpose: To be used based on the specific circumstances of a giv en critical incident, large event, operations, natural disaster, or community event. c. Authorized Use: The MCC shall be used by officers trained in its deployment and in a manner consistent with department policy and training. d. Lifespan: Approximately 15 -year lifespan on chassis and vehicle structure.

Upgrades needed to maintain IT systems.
e. Fiscal Impact: Annual maintenance cost is approximately $3,500. f. Training: The driver/operator shall receive training in the safe handling of the vehicle on a closed training course. Once the driver/operator has shown competence in vehicle handling, they will be allowe d to deploy the vehicle for department authorized use.
g. Legal and Procedural Rules : Use is established in the Crisis Response Unit Policy. It is the policy of the Department to use the MCC only for official law enforcement purposes, and in accordance with California State law regarding the operation of motor vehicles.

5. Command and Control Vehicles (Category 5)
a. Description, quantity, capabilities, and purchase cost:
b. Tactical Response Vehicle (TRV) : A 201 7 Chevrolet Suburban on a 3500 Chassis, cost: approximately $83,000, quantity: 1. The TRV is used as a mobile command and control vehicle for extended operations and critical incidents. The

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TRV is outfitted with specialized equipment to support field personnel and incident commanders.
c. Purpose: To be used to facilitate command and control at critical incidents, as a rapidly deployable response vehicle. It supports the function of incident commanders until the scene is stabilized or when extended, the MCC is deployed. d. Authorized Use : The TRV shall be deployed by officers authorized for its deployment by the Watch Commander or their designee and in a manner consistent with department policy and training.
e. Lifespan: Approximately 10-year lifespan.
f. Fiscal Impact: Annual maintenance cost is approximately $1,000. g. Training: The driver/operator shall receive training or instruction in the safe handling of the vehicle.
h. Legal and Procedural Rules: Use is established in the Vehicle Use Policy. It is the policy of the department to use the TRV only for official law enforcement purposes, and in accordance with California State law regarding the operation of motor vehicles.

6. Command and Control Vehicles (Category 5)
a. Description, quantity, capabilities, and purchase cost:
b. Special Weapons and Tactics (SWAT) Team Van: A 2016 Ford Transit Van 350 Chassis, cost: approximately $39,000, quantity: 1. The SWAT Team Van is used to transport specialized SWAT Team equipment and was specially built to do so. c. Purpose: To be used for the transportation of specialized SWAT Team equipment for training and for authorized SWAT Team operations.
d. Authorized Use: The SWAT Team Van shall be used by officers authorized for its deployment by the SWAT Team Commander or their designee and in a manner consistent with department policy and training.
e. Lifespan: Approximately 10-year lifespan.
f. Fiscal Impact: Annual maintenance cost is approximately $1,000. g. Training: The driver/operator shall receive training in the safe handling of the vehicle. Once the driver/operator has shown competence in vehicle handling, they will be allowed to deploy the vehicle for department authorized use. h. Legal and Procedural Rules: Use is established in the Vehicle Use Policy. It is the policy of the department to use the SWAT Team Van only for official law enforcement purposes, and in accordance with California State law regarding the operation of motor vehicles.

7. Command and Control Vehicles (Category 5)
a. Description, quantity, capabilities, and purchase cost:
b. Crisis Negotiation Team (CNT) Van: A 2020 Ford Transit Van 350 Chassis, cost:
approximately $41,000, quantity: 1. The CNT Van is used to support the function

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of the Crisis Nego tiation Team as outlined in the Crisis Response Unit (CRU) policy.
c. Purpose: To be used for the transportation of CNT members and CNT operations conducted in support of the SWAT team.
d. Authorized Use : The CNT Van shall be used by officers authorized for its deployment by the CRU Commander or their designee and in a manner consistent with department policy and training.
e. Lifespan: Approximately 10-year lifespan.
f. Fiscal Impact: Annual maintenance cost is approximately $1,000. g. Training: The driver/operato r shall receive training in the safe handling of the vehicle. Once the driver/operator has shown competence in vehicle handling, they will be allowed to deploy the vehicle for department authorized use. h. Legal and Procedural Rules: Use is established in t he Vehicle Use Policy. It is the policy of the department to use the CNT Van only for official law enforcement purposes, and in accordance with California State law regarding the operation of motor vehicles.

8. Battering rams, slugs and breaching apparatuses that are explosive in nature (Category 7)
a. Description, quantity, capabilities, and purchase cost:
i. LENCO BEARCAT, G2 BEAR-CAT vehicles have attachable metal booms that can be used for breaching structures, fences, or ramming objects during high -risk incide nts, to include active shooter incidents on school grounds, buildings or other structures, cost: included with purchase of BEARCAT G2 quantity: 1.
ii. Ballistic Breaching is used to gain access to fortified structures using steel or security doors. The breaching rounds deployed from a shotgun and are only used by trained personnel with a legitimate law enforcement purpose.

The breaching ammunition is as follows:
(1) Royal Arms 275 grain copper frangible, cost: $4.50/round, quantity:
200 rounds. For use on solid wood doors, locks, and hinges. (2) Royal Arms 425 grain copper frangible, cost: $4.50/round, quantity 100 rounds. For use on heavy locks, dead-bolts & hinges, solid-oak, and steel doors.
(3) Royal Arms HP cutter 450 grain, cost: $5.00/round, quantity 100 rounds. Cuts re-bar, penetrates security glass, car doors, punches into engine blocks.
(4) Royal Arms copper frangible 500 grain, cost: $5.00/round, quantity 100 rounds. For use on h eavy Locks, Cross -bolts, and Hinges (Steel Doors / Steel Frames)
b. Purpose: To be used in response to critical incide nts or CRU operations to enhance officer and community safety, improve scene containment and stabilization. The use of breaching apparatus is for the rapid, positive, and

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dynamic access to an objective in order to bypass obstructions such as walls, doors and windows to gain access to a desired location with legal authority. c. Authorized Use: The use of battering rams, slugs and breaching apparatuses that are explosive in nature are limited to incidents under the direction of the CRU Commander or their designee. They shall only be used by officers trained in their deployment and in a manner consistent with department policy and training. d. Lifespan: Approximately 10 years.
e. Fiscal Impact: No measurable fiscal impact for maintenance. f. Training: All operators of this equipment shall attend formalized and continuing training in its use prior to deployment. Any personnel deploying breaching rounds will attend a course in its use prior to deployment.
g. Legal and Procedural Rules: Use is established in the Crisis Response Unit and Rapid Response and Deployment policies. It is the policy of the department to battering rams, slugs and breaching apparatuses that are explosive in nature, only for official law enforcement purposes, and pursuant to State and Federal law.

9. Specialized Firearms and Ammunition of less than .50 caliber (As defined by PC30510 and 30515) (Category 10)
a. Description, quantity, capabilities, and purchase cost:
i. Daniel Defense DDM4 MK12 Carbine, caliber: .223 and 5.56 NATO, cost:
$1700 each, quantity: 1 07. The Daniel Defense DDM4 MK12 is a high precision rifle that fires .223 caliber, and 5.56 NATO rounds accurately at close and long range. This rifle is the primary duty rifle issued for patrol officers, field personnel and specialized investigative units. ii. Daniel Defense DDM5 Carbine, caliber: 308 WIN/ 7.62 x 51mm, cost:
$2,500, quantity: 1. The Daniel Defense DDM5 is a high precision rifle that fires 308 WIN/ 7.62 x 51mm rounds accurately at close and long range.

This rifle is the pr imary duty rifle issued to a SWAT Long Rifle team member.
iii. Colt M4 Carbine, caliber: .223 and 5.56 NATO, cost: $1,700, quantity: 6.

The Colt M4 Carbine is a high precision rifle that fires .223 caliber, and 5.56 NATO rounds accurately at close an d long range. This rifle is the issued for use of specialized investigative units and as back -up SWAT team weapons.
iv. Remington 700 bolt action rifle: 308 WIN, cost: $ 900 quantity: 5. The Remington 700 rifles are long -range precision rifles that shoot 308 W IN rounds. The rifles are issued and used by our SWAT Team Long Rifle team.
(1) Ammunition: The Chino Police Department maintains an inventory of training and duty ammunition for the rifles listed above. The inventory fluctuates based upon training and the cycling out of duty ammunition, however it maintains approximately 25,000 rounds of duty ammunition and approximately 100,000 rounds of training ammunition. .
(a) The following is a list of manufacturers and types of the department’s duty ammunition:

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(i) Hornaday 168 grain ELD Match TAP Precision 308
WIN
(ii) Hornaday 165 GMX TAP Heavy Barrier 308 WIN
(iii) Speer LE Gold Dot 62 grain .223
(iv) Hornaday TAP 75 grain .223 and 5.56 NATO
(b) The Chino Police Department utilizes ammunition of various types from various reputable manufacturers for training purposes, based upon availability.
b. Purpose: To be used as precision weapons to address a threat requiring more precision and/or greater distances than that of a handgun, if present and feasible. c. Authorized Use: Only officers that complete the required POST-certified Tactical Rifle Course, which satisfies legislative training mandates as described in PC 33220, are authorized to deploy a rifle.
d. Lifespan
i. Daniel Defense DDM4 MK12 Carbine: No expiration.
ii. Daniel Defense DDM5 Carbine: No expiration.
iii. Colt M4 Carbine: No expiration.
iv. Remington 700 Bolt-action rifle: No expiration.
v. Ammunition: No expiration.
e. Fiscal Impact: Annual maintenance is approximately $50 for each rifle. f. Training: Officers shall not carry or utilize the patrol rifle unless they have successfully completed the required POST -certified Tactical Rifle Course, which satisfies legislative training mandates as described in PC 33220. O fficers shall thereafter be required to successfully complete yearly training and qualification conducted by a certified firearms instructor.
g. Legal and Procedural Rules: Use is established under the Patrol Rifles Policy. It is the policy of the Chino Poli ce Department to utilize rifles only for official law enforcement purposes, and pursuant to State and Federal law regarding the use of force.

10. Flashbang Devices (Category 12)
a. Description, quantity, capabilities, and purchase cost:

A Noise Flash Diversionary Devices (NFDD) is a device that creates a bright flash and loud sound to temporarily divert the attention of subjects in the immediate area. NFDD are used to distract and temporarily incapacitate dangerous suspects by overwhelming their senses of vision and hearing. The distraction allows officers to seize a moment of opportunity to take control of high-risk situations. i. Defense Technology Distraction Device Reloadable Body Model 8933. The Low Roll® Distraction Device® is a reloadable gun steel body with hex design. This newest version of the first reusable non -bursting canisters limits movement and rolling once deployed. cost: $58 each, quantity: 50 ii. Defense Technology Distraction Device 12-gram reload Model 8901 used in conjunction with the abov e reloadable body emits a loud “bang” and a flash of light, cost: $34 each, quantity: 150

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iii. CTS Flash-Bang 9Bang Model 7290-9 emits a loud “bang” and a flash of light (9) times, cost: $100 each, quantity: 28
b. Purpose: To produce atmospheric over-pressure and brilliant white light and, as a result, can cause short -term (6 -8 seconds) physiological/psychological sensory deprivation to give officers a tactical advantage.
c. Authorized Use: Diversionary Devices shall only be used: By SWAT officers who have been trained in their proper use. In hostage and barricaded subject situations.

In high-risk warrant (search/arrest) services where there may be extreme hazards to officers. During other high-risk situations where their use would enhance officer safety. During training exercises.
d. Expected Lifespan:
i. Defense Technology #8933, 25 Uses
ii. Defense Technology #8901, 5 years
iii. CTS #7209-9, 5 years
e. Fiscal Impact: Annual cost of the program $5,000.
f. Training: The use of these devices is limited to those who have attended certified training course on their proper use.
g. Legal and Procedural Rules : It is the policy of the Chino Police Department to utilize diversionary devices only for official law enforcement purposes, and pursuant to State and Federal law regarding the use of force. Use of force and Crisis Response Unit policies apply.

11. Explosive Breaching Tools (Category12)
a. Description, quantity, capabilities, and purchase cost:

Explosive breaching is used to gain rapid access to a room or structure when an emergent law enforcement need exists. All efforts are made to minimize the amount of energetics applied to a target, while still achieving a positive breach.

Explosive breaching materials are used to m ake breaching charges of various shapes and strength which are specifically designed for the target. The materials release gasses, heat, and light when initiated. The pressure from the gasses released presses against mediums and or the target to cause the structure of the target to fail for a successful breach. Breaching charges are specially designed to cause structural failure of the desired target. The breaching charges in stock were built in house by the designated SWAT Team Explosive Breachers. Various types, configurations, and energetic weights are maintained for use as needed. Older charges are cycled out of stock during monthly training. i. 20 pounds of C2 Sheet Explosive PETN, cost: $49.50/ pound. A PETN based sheet explosive.
ii. 1000 feet, 50 grain per foot, detonation cord PETN, $0.63/ foot. The detonating cord is a thin, flexible plastic tube usually filled with pentaerythritol tetranitrate (PETN, pentrite). With the PETN exploding at a rate of approximately 6400 m/s, any common length of det onation cord appears to explode instantaneously. It is a high -speed fuse which explodes, rather than burns, and is suitable for detonating high explosives. iii. 50 Non-electric detonators 40-foot #1 delay, $10.75 each iv. 10 PETN slip-on boosters, 20 gram, $5.50 each

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b. Purpose: To safely gain entry into a structure when an emergent law enforcement need exists.
c. Authorized Use: Explosive breaching may only occur after authorization by the Incident Commander or SWAT Commander in the field, and during training exercises.
d. Expected Lifespan:
i. 50 grain Detonation Cord – 5 years
ii. C2 Sheet Explosive – Until expended
iii. Non-electric detonator – Until expended
iv. Slip-on boosters – Until expended
e. Fiscal Impact: Annual cost of the program $2,000.
f. Training: All Explosive Breachers shall be licensed as a Blaster by Cal-OSHA. All Breachers will attend an approved Explosive Breaching course. g. Legal and Procedural Rules : It is the policy of the Chino Police Department to utilize rifles only for official law enforcement purposes, an d pursuant to State and Federal law regarding the use of force. Use of force and Crisis Response Unit policies apply.

12. Tear Gas (Category 12)
a. Description, quantity, capabilities, and purchase cost:

Chemical agent munitions, which are commonly referred to as “tear gas,” are used by the Chino Police Department as a non-lethal tool to disperse subjects engaged in civil unrest, as described by law and AB48 and Government Code 12525.2, as well as barricaded subjects for a legitimate law enforcement purpose. Th e Chino Police Department uses chemical agents which are used by law enforcement across the United States: CS (2 -Chlorobenzylidenemalononitrile) and OC (Oleoresin Capsicum) CS is an irritating agent and lachrymator (irritates the eyes and causes tears to f low). CS has been medically tested in the UK and US, specifically by the U.S. Army. There are no known allergic reactions to CS. OC was de-regulated in California in 1996, is endorsed by the FBI, and is available to civilians to legally possess (2.5oz or l ess). OC is an inflammatory agent which causes involuntary closure of eyes (open in 2 -5 minutes) and respiratory inflammation (subsides in approximately 2 minutes)
i. CTS #5230B – Pyrotechnic grenade designed for indoor use delivering a maximum amount of irritant smoke throughout multiple rooms with minimal risk of fire. Cost: $35 Each, quantity: 50.
ii. Defense Technology #1016 – Pyrotechnic canister grenade emitting CS smoke through for 20 to 40 seconds. This is a launchable grenade; however, it is normally used as a signaling or covering device. Though this device is slightly over four inches in length, it produces a smoke cloud so fast it appears to be an enveloping screen produced by a full -size tactical grenade. May be launched or hand thrown. Cost: $26.40 ea ch, quantity:

60. iii. Defense Technology #1032 – The design of the Tri -Chamber Flameless CS Grenade allows the contents to burn within an internal can and disperse the agent safely with reduced risk of fire. The grenade is designed primarily for indoor tactical situations to detect and/or dislodge a

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barricaded subject. The purpose of the Tri -Chamber Flameless Grenade is to minimize the risks to all parties through pain compliance, temporary discomfort, and/or incapacitation of potentially violent or dangerous subjects. Cost: $38.40, quantity: 50.
iv. Defense Technology #2262 – The Ferret® 40mm Round is non -burning and suitable for indoor use. Used primarily by tactical teams, it is designed to penetrate barriers, such as windows, hollow core doors, wallboard, and thin plywood. Upon impacting the barrier, the nose cone rupture s and instantaneously delivers a small chemical payload inside of a structure or vehicle. In a tactical deployment situation, the 40mm Ferret is primarily used to dislodge barricaded subjects from confined areas. Its purpose is to minimize the risks to all parties through pain compliance, temporary discomfort and/or incapacitation of potentially violent or dangerous subjects. Cost: $23.60, quantity: 100.
v. Defense Technology #6182 Spede-Heat™ - The Spede-Heat™ CS Long- Range Munitions delivers one chemical canister of CS agent from a 40 mm launcher down range up to 150 yards. The Spede-Heat™ is a pyrotechnic round designed specifically for outdoor use in crowd control situations with a high-volume continuous burn that expels its payload in approximately 20- 40 seconds from a single source. Cost: $31 each, quantity: 90. vi. Defense Technology #1026 Triple-Chaser – The Triple -Chaser C S consists of three separate canisters pressed together with separating charges between each. When deployed, the canisters separate and land approximately 20 feet apart allowing increased area coverage in a short period of time. This is a hand -thrown muni tion. Cost $38.50 each , quantity: 8.
vii. Defense Technology #1080 Riot Control OC - The Riot Control OC grenade is designed specifically for outdoor use in crowd control situations with a high volume of continuous burn that expels its payload in approximately 20-40 seconds through four gas ports located at the top of the canister. This grenade can be used to conceal tactical movement or to route a crowd. This is a hand -thrown munition. Cost: #38.50 each, quantity: 5.
viii. Defense Technology #6042 Muzzle Blast CS – The Muzzle Blast CS round can be used in crowd management and in tactical operations such as a barricaded subject, room clearing, area denial and for small space contamination. As a pain compliance round it is an excellent device for deploying chemical-laden CS powder at close ranges. This is deployed from a 40mm launcher. Cost: $31 each, quantity: 10.
ix. Defense Technology #6040 Muzzle Blast OC – The Muzzle Blast OC round can be used in crowd management and in tactical operations such as a barricaded su bject, room clearing, area denial and for small space contamination. As a pain compliance round it is an excellent device for deploying chemical-laden OC powder at close ranges. This is deployed from a 40mm launcher. Cost: $31 each, quantity: 6.
x. Defense Technology #1097 Rubber Ball CS Blast – The Rubber Ball CS Blast grenade is a maximum effed device that delivers three stimuli for psychological and physiological effects: light, sound, and CS. The Rubber Ball CS Blast combines loud report and flash with effects of chemical agents. This is a hand-thrown munition. Cost: $35 each, quantity: 10.

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xi. Defense Technology #1082 Riot Control Continuous Discharge CS – The Riot Control Continuous Discharge CS is specifically designed for outdoor use in crowd control situations with a high -volume continuous burn that expels its payload in approximately 20-40 seconds through four gas ports located on the top of the canister. This is a hand -thrown munition. Cost:
$38.50 each, quantity: 17.
xii. Defense Technology #6172 Skat Shell CS – The Skat Shell CS multiple chemical projectile round is designed to deliver multiple CS canisters from a 40mm launcher. It is designed for outdoor use and is widely used for crowd management for the rapid and broad deployment of a chemical agent by a single grenadier. This is deployed from a 40mm launcher. Cost:
$31 each, quantity: 5.
xiii. Defense Technology #6320, 40mm Direct Impact OC. A less lethal 40mm lightweight plastic and crushable foam projectile fired from a 40mm launcher. The 39 -gram c rushable foam projectile delivers 120 ft/lbs. of energy upon impact in addition to dispersion of 5 grams of OC irritant. The 40mm Direct Impact OC Round provides accurate and effective performance when fired from the approved distance of not less than five (5) feet and as far as 120 feet from the target. Cost $31, quantity 5. xiv. Defense Technology #6322, 40mm Direct Impact CS. A less lethal 40mm lightweight plastic and crushable foam projectile fired from a 40mm launcher. The 39 -gram crushable foam projectile delivers 120 ft/lbs. of energy upon impact in addition to dispersion of CS. The 40mm Direct Impact CS Round provides accurate and effective performance when fired from the approved distance of not less than five (5) feet and as far as 120 feet from the target. Cost $31, quantity 5.
xv. Defense Technology #1092, Han-ball CS. The Han-ball CS is an outdoor use grenade expelling its payload in approximately 15 -20 seconds. The grenade holds approximately 1.6 ounces of active agent which is expelled through three ports around the equator of the ball. Cost $35, quantity 27. xvi. Defense Technology #1072, Military-Style Saf-Smoke Grenade. The Saf- Smoke grenade is designed for training but may also be used in operations.

The Saf-Smoke Grenade offers similar burn times as the Spede-Heat and Riot Control Grenade. It emits a very white smoke. This is a hand-thrown munition. Cost $31, quantity 10.
xvii. Defense Technology #1073 , Maximum HC Smoke. The Maximum Smoke grenade is designed for outdoor in crowd control and expels its payload in approximately 1.5 -2 minutes through four gas ports located at the top of the canister. The grenade can be used to conceal tactical movement or route a crowd. This is a hand -thrown munition. Cost $31, quantity 10.
xviii. Defense Technology #1017 , Pocket Tactical Saf -Smoke. The Pocket Tactical Saf -Smoke grenade is a small and lightweight. It will burn for approximately 20 -40 seconds and is normally used as a signaling or covering device. This is a hand-thrown munition. Cost $31, quantity 10. xix. Defense Technology #6582, 40mm Ground Marker CS 200M. The 40mm Ground Marker munition is designed to deliver an irritant payload downrange to specified distances. The spin stabilized projectile and smokeless propulsion system produce extremely consistent velocities and range. Applications for this product include crowd control, marking and

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obscuration. This is deployed from a 40mm launcher. Cost $31, quantity

15. xx. Defense Technology #1072 , Spede-Heat Continuous Discharge Chemical CS Grenade. A high-volume CS Grenade with continuous burn, designed for outdoor in crowd control environments, expels its payload in approximately 20 -40 seconds through four gas ports at the top of the canister, three on the side and one on the bottom. This is a hand-thrown munition. Cost $37, quantity 12.
xxi. Aerko Clear Out #AER1145, 6 ounce Burst Fogger. Aerko Clear Out fogger is a non-flammable aerosol which delivers an aerosol comprised of a mixture of CS and OC It is a chemical agent used to force occupants of an enclosed space to leave the area. This is a hand-thrown munition. Cost $19, quantity 12.
b. Purpose: To be used in response to incidents of civil unrest as described by law and AB48 and Government Code 12525.2, as well as barricaded subjects, critical incidents, CRU operations to enhance officer and community safety. c. Authorized Use: The use of chemical agents will be done so at the direction of a Mobile Field Force Commander or SWAT Commander.
d. Lifespan: The lifespan of each chemical agent is approximately 5 years from the date of manufacture (each munition has it manufacture date affixed). e. Fiscal Impact : No measurable fiscal impact for maintenance. The cost of the program is approximately $4,000.
f. Training: Certified training in the use of chemical agents for each appropriate use in crowd control or by the SWAT team will be completed prior to its use by any department member.
g. Legal and Procedural Rules : Use is described in the Use of Force, Civil Disturbance or Unusual Occurrence Plan, First Amendment Assemblies policies.

It is the policy of the department to use this device only for official law enforcement purposes, and pursuant to State and Federal law.

13. PepperBall Launchers and Munitions (Category 12)
a. Description, quantity, capabilities, and purchase cost:

PepperBall gives law enforcement professionals a powerful, non -lethal option for defense. PepperBall launchers use high pressure air to deliver PAVA (Pelargoinc Acid Vanillylamide) powder projectiles which are similar to a powdered “pepper spray.” The PAVA projectiles deliver kinetic energy impacts as well as the PAVA powder. It is a de -escalation tool to avoid further injuries or lethal options to a subject.
i. PepperBall VKS Carbine launcher. The VKS launcher is the strongest non- lethal consumer device available from PepperBall, it has an effective distance of up to 150 feet. It is powered with a high-pressure air bottle and the rounds are gravity fed through a hopper, or magazine fed. Cost: $1,300 each, quantity: 4.
ii. PepperBall SA -200 Launcher. The launcher is powered with a high - pressure air bottle and the rounds are gravity fed through a hopper. Cost:
$800, quantity: 1.

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iii. PepperBall Tac Launcher. The launcher is powered with a high -pressure air bottle and the rounds are gravity fed through a hopper. Cost: $800, quantity: 1.
iv. PepperBall Live Projectiles. The basic PepperBall projectile contains 2% PAVA pepper powder, and is designed for direct impact and area saturation, especially in confined, inter ior spaces. Discharged from a PepperBall Launcher, the projectile has a velocity of 280 -350 FPS. The projectile has a direct impact of 60ft and an area of saturation of 150+ft.

The projectile contains 0.5% PAVA Powder. Cost: $900/ per 375 rounds, quantity: 1500.
v. PepperBall Inert Projectiles. The Inert PepperBall projectile contains a harmless scented powder and is designed for direct impact and for training with a PepperBall Launcher, the projectile has a velocity of 280 -350 FPS.

The projectile has a direct impact of 60ft. Cost: $400/ per 375 rounds, quantity: 1500.
b. Purpose: To provide officers with a non -lethal option to deliver a chemical agent and kinetic impact to subjects for a legitimate law enforcement purpose, to affect an arrest, prevent escape or overcome resistance as define by law and department policy. It is a de -escalation tool to avoid further injuries or lethal options to a subject.
c. Authorized Use: Officers may deploy a PepperBall launcher in incidents of civil unrest as described by law and AB48 and Penal Code 13652 , as a non -lethal option to deliver a chemical agent and kinetic impact on subjects who are violent, threatening violence, who are armed, or threatening self -harm, and barricaded subjects.
d. Expected Lifespan:
i. Launchers – 5-10 years.
ii. Live and inert projectiles - 5 years
e. Fiscal Impact : Annual maintenance costs are approximately $50/ launcher.

Annual cost of the program $2,000.
f. Training: The use of these devices is limited to those who have attended certified training course on their proper use.
g. Legal and Procedural Rules : Use is described in the Control Devices and Techniques policy. It is the policy of the Chino Police Department to utilize less - lethal devices only for official law enforcement purposes, and pursuant to State and Federal law regarding the use of force.

14. Long Range Acoustic Device (LRAD) (Category 13)
a. Description, quantity, capabilities, and purchase cost:

LRAD 100X Portable Hailing System, cost: $6,000, quantity: 1. The Model 100X Portable Hailing System is a self -contained, hand-held, portable communications device for use in on-scene and tactical communications. It has the capability to be 20- 30 dB louder than legacy bullhorns and vehicle-based P.A. systems, while still being 4x- 6x louder and more intelligible than products with a comparable size and weight. Weighing at only 15 lbs. with battery.

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b. Purpose: To be used in response to critical incidents or CRU operations to enhance officer and community safety, improve scene containment and stabilization. The use of breaching apparatus is for the rapid, positive, and dynamic access to an objective in order to bypass obstructions such as walls, doors and windows to gain access to a desired location with legal authority. c. Authorized Use: The LRAD 100X can be used as a public address (PA) system during tactical situations or at large events where its use will benefit the community and public safety.
d. Lifespan: Approximately 10 years.
e. Fiscal Impact: No measurable fiscal impact for maintenance. f. Training: Training in its use will be conducted prior to its use by any department member.
g. Legal and Procedural Rules: It is the policy of the department to use this device only for official law enforcement purposes, and pursuant to State and Federal law.

15. 40mm Projectile Launchers, Specialty Impact Munitions (Category 14) a. Description, quantity, capabilities, and purchase cost:
i. Defense Technology/ LMT, 40mm single -shot launcher, #1425, cost:
$1000 each, quantity: approximately 5 1. The 40mm single launcher is a tactical single shot launcher will fire standard 40mm less lethal ammunition, up to 4.8 inches in cartridge length.
ii. Defense Technology/ LMT, 40mm 4 -shot launcher, #1440, cost: $1000 each, quantity: approximately 3. The 40mm 4 -shot launcher is a tactical launcher will fire standard 40mm less lethal ammuniti on, up to 4.8 inches in cartridge length.
iii. Defense Technology/ LMT, 7 -inch M203 40mm single -shot launcher, #LMP350/L2X1, cost: $1500 each, quantity: approximately 2. The 40mm single launcher is a tactical launcher that will fire standard 40mm less lethal ammunition, up to 4.8 inches in cartridge length.
iv. Defense Technology #6325, 40mm eXact Impact Sponge Round. A less lethal 40mm lightweight plastic and foam projectile fired from a 40mm launcher. The 40 -gram foam projectile delivers 120 ft/lbs. of energy on impact. The 40mm Exact Impact Sponge Round provides accurate and effective performance when fired from the approved distance of not less than five (5) feet and as far as 131 feet from the target. Cost: $20 each, quantity: approximately 300.
v. Defense Technology #6326, 40mm Direct Impact Marking Round. A less lethal 40mm lightweight plastic and foam projectile fired from a 40mm launcher. The 40 -gram foam projectile delivers 120 ft/lbs. of energy on impact and loaded with a green marking agent. The 40mm Exact I mpact Sponge Round provides accurate and effective performance when fired from the approved distance of not less than five (5) feet and as far as 131 feet from the target. Cost: $20 each, quantity: approximately 5.

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b. Purpose: To limit the escalation of conflict where employment of lethal force is prohibited or undesirable.
c. Authorized Use: Situations for use of the less lethal weapon systems may include, but are not limited to:

Self-destructive, dangerous and/or combative individuals, riot/crowd control and civil unrest incidents as described by law and AB48 and Government Code 12525.2, circumstances where a tactical advantage can be obtained, potentially vicious animals, training exercises or approved demonstrations. d. Training: Sworn members utilizing 40mm less lethal launchers are trained in their use by POST certified less lethal instructors.
e. Lifespan: Defense Technology/ LMT #1425, 1140, M203: approximately 25 years.

Exact Impact Sponge: approximately 5 years.
f. Fiscal Impact: Annual maintenance is approximately $50 for each launcher. g. Legal and Procedural Rules: Use is established Control Devices and Techniques Policy. It is the policy of the Chino Police Department to utilize the 40mm only for official law e nforcement purposes, and pursuant to State and Federal law, including those regarding the use of force.

MAINTENANCE OF MILITARY USE SUPPLY LEVELS
When stocks of military equipment have reached low levels, the Department may order up to 30% of stock in a fiscal quarter without City Council's pre-approval to maintain essential availability for the police department's needs.

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The use of "Military Equipment" as defined by
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708.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of "military equipment" as defined by Government Code § 7070; Government Code § 7071, and Government Code § 7072. The Chino Police Department does not use equipment obtained from the military. All equipment obtained and used by the Chino Police Department is designed for municipal police services.
708.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):

Governing body – The elected or appointed body that oversees the Department.

Military equipment – Defined by and identified in Government Code Section 7071 (c) (1-15). 708.2 POLICY
It is the policy of the Chino Police Department that members of this department comply with the provisions of Government Code § 7071 with respect to military equipment. 708.3 MILITARY EQUIPMENT COORDINATOR
The Chief of Police designates the Professional Standards Unit to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as liaison to the governing body for matters related to the requirements of this policy.
(b) Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.
(c) Conducting an inventory of all military equipment annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Chino Police Department (Government Code § 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:

1. Publicizing the details of the meeting.

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(g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner.
708.4 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the governing body and is available on the department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071). The military equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071):
(a) Requesting military equipment made available pursuant to 10 USC § 2576a. (b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department. (e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiring military equipment through any means not provided above. 708.5 COORDINATION WITH OTHER JURISDICTIONS
Military equipment used by any member of this jurisdiction shall be approved for use and in accordance with this Department policy. Military equipment used by other jurisdictions that are providing mutual aid to this jurisdiction shall comply with their respective military equipment use policies in rendering mutual aid.
708.6 MAINTENANCE OF MILITARY USE SUPPLY LEVELS
When stocks of military equipment have reached low levels, the Department may order up to 30% of stock in a fiscal quarter without City Council's pre-approval to maintain essential availability for the police department's needs.

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708.7 COMPLIANCE
The Professional Standards Unit will ensure that all Department members comply with this policy.

All instances of non-compliance will be reported to Chino City Council via the annual military equipment report.

The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in department inventory. 708.9 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual "Military Equipment" report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment. 708.10 MILITARY EQUIPMENT INVENTORY
The following constitutes a list of qualifying equipment for the Department See attachment: 2023 Military Use Policy Equipment List.pdf

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Chino City CouncilMarch 21, 2023

Chino City Council
March 21, 2023