Agenda packet — Chino City Council, November 7, 2023 (part 1 of 3)

Those persons wishing to speak on any item included on the agenda, or on any matter within the subject matter jurisdiction of the City Council, are invited fill out and submit to the City Clerk a “Request to Speak” form (name and address optional) which is available at the entrance to the City Council Chambers. Additionally, members of the public may submit electronic inquiries or comments by submitting emails to [email protected]
If you require a reasonable accommodation to participate in this meeting per your rights under the Americans with Disabilities Act or for any other reason, please contact the City Clerk’s Office (909) 334-3306, at least 48 hours prior to the advertised starting time of the meeting.

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

CHINO CITY COUNCIL

SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY

CITY HALL COUNCIL CHAMBERS
13220 CENTRAL AVENUE
CHINO, CA 91710
TUESDAY, NOVEMBER 7, 2023

REGULAR MEETING
AGENDA
CLOSED SESSION – 5:00 PM
OPEN SESSION – 6:00 PM
_________________________________________________________________________________

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 City 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 Government Code Section 54956.9(d)(1): Harvey Allen II v. Chino Police Department, et al. (San Bernardino County Superior Court Case No. CIVDS2004426)

2. CONFERENCE WITH LABOR NEGOTIATOR(S).

Pursuant to Government Code Section 54957.6:

Agency Negotiator: Geriann Kingslan, Director of Human Resources/Risk Management.

Employee Organizations: Chino City Hall Confidential Employee Association, Chino Police Professional Employees Association, San Bernardino Public Employees Association (SBPEA)/Teamsters Local Union No. 1932-Professioinal, Technical and Clerical, American Federation of State, County and Municipal Employees (AFSCME District Council 36-Local 3183), Unrepresented Management, Executive Management.
1 CHINO CITY COUNCIL
NOVEMBER 7, 2023 2

FLAG SALUTE

CEREMONIALS
Proclamations
Purple Heart City. Proclamation to reaffirm the City of Chino's proud commitment to be a Purple Heart City along the Purple Heart Trail to honor the service and sacrifice made to preserve our freedom.

Great American Smokeout. Proclaim November 16, 2023, as the American Cancer Society's Great American Smokeout Day.

Law Enforcement Records and Support Personnel Day. Proclaim November 14, 2023 as Law Enforcement Records and Support Personnel Day.

Presentations
Business of the Month - November 2023. Award of Business of the Month for November 2023 to Painted Dough.

REPORT OUT OF CLOSED SESSION

AGENDA ADDITIONS/REVISIONS

INFORMATION
Economic Development Report. Receive and File the Quarterly Economic Development Report.

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

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

CONSENT CALENDAR
At this time, members of the public may present testimony as to why an item should be removed from the Consent Calendar for separate discussion. Unless a member of the public or City Council requests that an item be removed from the Consent Calendar, all items will be acted upon as a whole and by one vote. 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 767461 to 767655, and Electronic Fund Transfers 518041E to 518114E, totaling $5,319,524.07.

2. Minutes. Regular Meeting Minutes for October 17, 2023. (Mayor Ulloa Absent-Excused)

3. Elected City Officials’ Report Regarding Travel, Training, and Meetings. Receive and file the Elected City Officials’ Report reflecting City Council business related expenses incurred by the City.
2 CHINO CITY COUNCIL
NOVEMBER 7, 2023 3

4. Date Modification for the Third Amendment to Operating Covenant and Restrictive Covenants Affecting Interests In Real Property - Creative Bus Sales, Inc. Approve a date correction for the Third Amendment to Operating Covenant and Restrictive Covenants Affecting Interests In Real Property between City of Chino and Creative Bus Sales, Inc.

5. Contract Amendment and Vendor Cap Increase - RTS 85, Inc. Approve a professional services contract amendment with RTS 85 Inc., Chino, CA in the amount of $27,000 for carnival rides.

6. Award of Contract - Police Department Gun Range Cleaning Services. Award a professional services contract with HCI Environmental & Engineering Service, Corona, CA in the amount of $63,930 for the Police Department Gun Range Cleaning Services.

7. Vendor Cap Increase - GovernmentJobs.com dba NeoGov. Approve a Vendor Cap Increase to GovernmentJobs.com dba NeoGov for a total vendor cap of $59,000.

8. Amendment to the Salary Range of Corporal. Adopt Resolution 2023 -068 to amend the Corporal position compensation Step D and Step E previously adopted with typographical errors.

9. Measure I 5 -Year Capital Improvement Plan and Expenditure Strategy Adopt Resolution No. 2023-067, approving the Measure I Local Street Pass -Through Funds Five -Year Capital Improvement Plan and Expenditure Strategy for Fiscal Year 2023 -2024 through Fiscal Year 2027-2028.

10. 2023 Citizens’ Option for Public Safety Grant Funds Appropriation. Accept the additional funds of $122,502.02 received for the identified expenditure areas of the 2023 Citizens' Option for Public Safety (COPS) Program Grant.

11. 2024 Citizens' Option for Public Safety Grant Funds Appropriation. Accept the use of the grant funds for the identified expenditure areas of the 2024 Citizens’ Option for Public Safety (COPS) Program Grant.

12. 2024 Motorcycle Safety Education and Training Program Grant. Acceptance of the 2024 Motorcyclist Safety Education and Training Program Grant.

13. Office of Traffic Safety Selective Traffic Enforcement Program (STEP) Grant. Acceptance of the 2022 and 2023 Office of Traffic Safety Federal STEP Grant in the amount of $198,000.

14. JL Power Investments, LLC - Public Improvement Agreement PL21 -0020 (Administrative Approval). Approve the Public Improvement Agreement and securities with JL Power Investments, LLC for Administrative Approval PL21-0020 located at 12938 Monte Vista Avenue.

15. Final Acceptance of Public Improvements - Tract Map No. 20232 (Taylor Morrison Communities). Final Acceptance of Public Improvements for Tract Map No. 20232 (Lot 11 ), Taylor Morrison Communities, generally located south of Garden Park Street between West Preserve Loop and Main Street, north of Pine Avenue.

16. Lewis - Final Tract Map No. 20380. Approve Final Tract Map No. 20380 generally located north of Legacy Park Street, west of East Preserve Loop, south of Academy Street, and east of Main Street in The Preserve Specific Plan area.

17. Initiate the Annexation to the Lighting District No. 2002 -1 (Annexation/Zone No. 88) for Site Approval PL17-0082 located at 14085 Magnolia Avenue and schedule the public hearing for January 16, 2024. Initiate the Annexation to the Lighting District No. 2002 -1 (Annexation/Zone No. 88) for Site Approval PL17 -0082 located at 14085 Magnolia Avenue and schedule the public hearing for January 16, 2024.
3 CHINO CITY COUNCIL
NOVEMBER 7, 2023 4

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.

18. Introduction of Ordinance No. 2023 -020 Amending Title 12 of the Chino Municipal Code.

Conduct a Public Hearing and approve the introduction of Ordinance No. 2023 -020 amending Chapters 12.02, 12.04, and 12.08 of the Chino Municipal Code.

Staff Report By: Jesus Plasencia, Assistant City Engineer RECOMMENDATION: Conduct a Public Hearing and approve the introduction of Ordinance No. 2023 -020 Amending Title 12 (Streets, Sidewalks, and Other Public Places) of the Chino Municipal Code, to be read by number and title only, and waive further reading of the Ordinance.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO, CALIFORNIA, AMENDING CHAPTERS 12.02 (PROTECTION OF INTERESTS WITHIN THE RIGHT-OF-WAY), 12.04 (STREETS), AND 12.08 (CURBS, GUTTERS, SIDEWALKS, ASPHALT CONCRETE STREET PAVEMENT AND STREET LIGHTS) OF TITLE 12 OF THE

CHINO MUNICIPAL CODE

NEW BUSINESS

19. Introduction of Ordinance No. 2023 -021 - Community Services, Parks & Recreation Commission Member at Large. Approve the introduction of Ordinance No. 2023 -021 to revise the Chino Municipal Code to change the Member at Large of the Community Services, Parks & Recreation Commission to Mayor appointed.

Staff Report By: Fred Galante, City Attorney
RECOMMENDATION: 1) Approve the introduction of Ordinance No. 2023 -021, amending the Chino Municipal Code to change the Member at Large appointment of the Community Services, Parks & Recreation Commission to a Mayor appointment, to be read by number and title only, and waive further reading of the Ordinance.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO, CALIFORNIA, AMENDING CHAPTER 2.38 (CHINO COMMUNITY SERVICES, PARKS, AND RECREATION

COMMISSION) OF THE CHINO MUNICIPAL CODE

20. Approve Professional Services Agreement for Engineering and Design Services - Project No.

R2401. Award a Professional Services Agreement with Biggs Cardosa Associates, Inc., Orange, CA, for Engineering Design and Bid Support Services for Project No. R2401 – Bridge Along Euclid Avenue Between State Route 71 And Pine Avenue.

Staff Report By: Michele Hindersinn, CIP Principal Engineer RECOMMENDATION: 1) Award a Professional Services Agreement in the amount of $3,944,225.34 with Biggs Cardosa Associates, Inc., Orange, CA for Engineering Design and Bid Support Services for Project No. R2401 - Euclid Avenue Bridge Project; 2) approve design contingencies of $394,423 for a potential agreement amount not-to-exceed $4,338,648.34; and 3) authorize the City Manager to execute all necessary documents on behalf of the City.
4 CHINO CITY COUNCIL
NOVEMBER 7, 2023 5

21. Approve a Professional Services Agreement for Section 408 permit acquisition and other related regulatory permitting services associated with the Pine Ave Stage 3 Project ST203.

Approve a Professional Services Agreement for Section 408 permit acquisition and other related regulatory permitting services associated with the Pine Ave Stage 3 Project ST203.

Staff Report By: Jesus Plasencia, Assistant City Engineer RECOMMENDATION: 1) Appropriate $187,797 to the Transportation Fund with a corresponding year -end transfer amount from The Preserve Circulation (Streets, Signals, & Bridges) Development Impact Fee Fund 260; 2) increase the project budget for Pine Avenue Improvements (Hellman to Euclid Avenues) ST203 by $187,797 for a new project budget of $6,568,113.00; 3) approve a Professional Services Agreement to Ruth Villalobos & Associates, Inc., Ontario, CA for Section 408 permit acquisition and other related regulatory permitting services associated with the Pine Avenue Stage 3 project for an amount not to exceed $187,797; and 4) authorize the City Manager to execute the necessary documents on behalf of the City, and to approve up to two (2) one-year contract extensions.

22. Approve the award of contract, purchase order, and appropriation for Roof Restoration Project NC242 and IB249. Award of Contract, Purchase Order Approval, and Appropriation - Roof Restoration and Replacement.

Staff Report By: Silvia Avalos, Director of Community Services, Parks & Recreation RECOMMENDATION: 1) Establish a non -capital project number for tracking purposes for the City Hall South Roof Restoration project NC242; 2) appropriate $181,370.04 to the Building Management Fund with a year -end transfer from the General Fund reserves for the new project NC242; 3) award a construction contract in the amount of $149,590 to R&R Roofing & Waterproofing, Inc., Lake Elsinore, CA for the City Hall South (NC242) Roof Restoration project and the 7th Street Theater (IB249) Roof Replacement project; 4) authorize expenditures of up to $22,438.50 for construction project contingencies, for a not -to-exceed potential contract amount of $172,028.50; 5) approve a purchase order in the amount of $87,199.04 to The Garland Company, Inc., Cleveland, OH for the purchase of roofing materials for the City Hall South Roof Restoration Project; and 6) authorize the City Manager to execute all necessary documents on behalf of the City.

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

Mayor Ulloa
Mayor Pro Tem Comstock
Council Member Burton

23. Community Support Fund - Council Member Burton. Approve community support fund contribution to the Kiwanis.

Staff Report By: Council Member Burton
RECOMMENDATION: Approve community support fund contribution of $125 to Chino Kiwanis Club.
5 CHINO CITY COUNCIL
NOVEMBER 7, 2023 6
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, November 21, 2023 at 6:00 p.m. (Closed Session no earlier than 4:00 p.m. if necessary) in these Council Chambers.

I, Natalie Gonzaga, City Clerk of the City of Chino, hereby declare that on Thursday, November 2, 2023 this agenda was posted on the south window of Chino City Hall and this agenda together with all of the agenda reports and related documents were posted on the City’s website at www.cityofchino.org by myself or under my direction.
_______________________________________
Natalie Gonzaga, City Clerk.
6 MEMORANDUM

CITY OF CHINO

COMMUNITY SERVICES, PARKS & RECREATION DEPARTMENT

CITY COUNCIL MEETING DATE: NOVEMBER 7, 2023

TO: LINDA REICH, CITY MANAGER
FROM: SILVIA AVALOS, DIRECTOR OF COMMUNITY SERVICES, PARKS &

RECREATION

SUBJECT
..titl e
Proclamation – Purple Heart City
..end
..body

7 8

MEMORANDUM

CITY OF CHINO

COMMUNITY SERVICES, PARKS & RECREATION DEPARTMENT

CITY COUNCIL MEETING DATE: NOVEMBER 7, 2023

TO: LINDA REICH, CITY MANAGER
FROM: SILVIA AVALOS, DIRECTOR OF COMMUNITY SERVICES, PARKS &

RECREATION

SUBJECT
..titl e
Great American Smokeout Proclamation.
..end
..body

9 10

MEMORANDUM

CITY OF CHINO

POLICE DEPARTMENT

CITY COUNCIL MEETING DATE: NOVEMBER 7, 2023

TO: LINDA REICH, CITY MANAGER
FROM: KEVIN MENSEN, CHIEF OF POLICE

SUBJECT
..titl e
Law Enforcement Records and Support Personnel Day.
..end
..body

11 12

MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: NOVEMBER 7, 2023

TO: MAYOR AND CITY COUNCIL MEMBERS, CITY OF CHINO
FROM: LINDA REICH, CITY MANAGER

SUBJECT
..titl e
Award of Business of the Month for November 2023 to Painted Dough. ..end
..body

13 MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: NOVEMBER 7, 2023

TO: MAYOR AND CITY COUNCIL MEMBERS, CITY OF CHINO
FROM: LINDA REICH, CITY MANAGER

SUBJECT
..titl e
Receive and File the Quarterly Economic Development Report. ..end
..body

CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES The recommendation detailed above further the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
 Positive City Image
 Superior Customer Service
 Financial Stability
 Responsible Long-Range Planning
 Exemplary Leadership
 Public Service Excellence through Internal and External Partnerships

14 C H I N OC H I N OCHOOSECHOOSE
CHINO CELEBRATES NEW STATER BROS. ATCHINO CELEBRATES NEW STATER BROS. AT TOWN CENTER IN THE PRESERVE!TOWN CENTER IN THE PRESERVE! The Preserve consists of 5,435 acres that were anne xed to the City of Chino in July 2003. Today it houses thousands of residents, bringing Chino’s pop ulation to 95,111, which is expected to reach 140,000 at buildout, creating a growing market for goods and services. Stater Bros. Store #209 is locate d at 8373 Pine Ave. Chino and is open Monday through Sunday from 6:00 a.m. – 11:00 p.m.

Less than a year after the groundbreaking, over 350
residents were on hand to celebrate the ribbon
cutting for the Stater Bros. grocery store that is the
anchor of the Town Center at The Preserve, a
mixed-use development currently under
construction that features a variety of retail and
service businesses with residential units above
some retail units. Stater Bros. will soon be joined
by a variety of other great businesses, including
Kenwood’s Kitchen & Tap, Panera Bread, Aspire
Salon Studios, Cold Stone Creamery, and many
more! The full list of tenants is available at
www.towncenterpreserve.com.

Celebrating a Milestone: Mayor Ulloa and the Stater Bros.

Team cut the Ceremonial Ribbon at the store’s Grand Opening on September 20, 2023.
$120,000
average household
INCOME
95,111
population
l o w u n e m p l o y m e n t

R A T E

4.2%
5 year projected
growth RATE5.3%
businesses

S T R O N G
3,800 20 - mile radius
POPULATION 4,028,155
BORDERS:

LA, OC, &

RIVERSIDE

COUNTIES
15 SHOP CHINO REPORTSHOP CHINO REPORT

6.3%6.3%
Retail Vacancy Rate
Chino has many exciting places to shop whether you are planning to buy a gift for a friend or family members, please shop local to support community businesses and provide sales tax revenue for City services.

The Town Center at The Preserve is the most interes ting retail destination in Chino designed to elevat e lifestyles through engaging common areas, modern am enities, and an eclectic mix of tenants. This is th e place to create meaningful connections and share ne w ideas while enjoying upbeat entertainment and events. The Town Center at The Preserve will open in 2023.

Although Stater Bros. has opened its doors and is ready to create a new experience in grocery shopping, we look forward to many additional shopping options wh ich will be opening soon at Town Center at the Preserve!

TOWN CENTERTOWN CENTER

AT THE PRESERVEAT THE PRESERVE
7 Miles Tea Lab, 8415 Pine Ave.7 Miles Tea Lab, 8415 Pine Ave.

Aspire Salon, 16321 Main St.Aspire Salon, 16321 Main St.

Champion Tae Kwon Do, 16321 Main St.Champion Tae Kwon Do, 16321 Main St.

Chipotle, 8417 Pine Ave.Chipotle, 8417 Pine Ave.

Coffee Lease Pending, 8415 Pine Ave.Coffee Lease Pending, 8415 Pine Ave.

Coldstone Creamery, 8415 Pine Ave.Coldstone Creamery, 8415 Pine Ave.

Forefront Dermatology 8401 Pine Ave.Forefront Dermatology 8401 Pine Ave.

Herbal Nail & Spa, 8345 Pine Ave.Herbal Nail & Spa, 8345 Pine Ave.

Jersey Mike's, 8329 Pine Ave.Jersey Mike's, 8329 Pine Ave.

Kenwood's Kitchen, 16287 Main St.Kenwood's Kitchen, 16287 Main St.

Mathnasium, 8415 Pine Ave.Mathnasium, 8415 Pine Ave.

We still have a number ofWe still have a number of
locations in discussion, but iflocations in discussion, but if you're interested in launching ayou're interested in launching a new business at our cutting-new business at our cutting- edge center, there are currentlyedge center, there are currently nine available spaces rangingnine available spaces ranging from 1,385 to 4,091 squarefrom 1,385 to 4,091 square
feet! For more information,feet! For more information,
contact the Office of Economiccontact the Office of Economic Development:Development:

Nekter Juice Bar, 16321 Main St.Nekter Juice Bar, 16321 Main St.

Optometry (TBD), 8415 Pine Ave.Optometry (TBD), 8415 Pine Ave.

Pacific Dental, 8415 Pine Ave.Pacific Dental, 8415 Pine Ave.

Panda Express 8329 Pine Ave.Panda Express 8329 Pine Ave.

Panera Bread 8391 Pine Ave.Panera Bread 8391 Pine Ave.

Drive-Thru (TBD), 16276 Main St.Drive-Thru (TBD), 16276 Main St.

Sport Clips, 8345 Pine Ave.Sport Clips, 8345 Pine Ave.

The Great Greek, 16287 Main St.The Great Greek, 16287 Main St.

The UPS Store, 16321 Main St.The UPS Store, 16321 Main St.

Wingstop, 8329 Pine Ave.Wingstop, 8329 Pine Ave.

OPENING SOON!OPENING SOON!
[email protected]@cityofchino.org
909-334-3250909-334-3250
16 NEW CHINO BUSINESSESNEW CHINO BUSINESSES
Everyday new businesses CHOOSE to call Chino home.

Here are a few we hope you will support:

If you are interested in opening or locating a business in the City of Chino, please reach out to the Office of Economic Development.

Fishbone Seafood
CF Motor Sports
Cattle Ranch Cafe
Five Below
KRA Pow
Nekter Juice Bar
Taco Spot
Tokido Ramen
Wingstop
Jammin Nutrition
Homey Pet Station
Wetzel's Pretzels
AYCE Rice Noodles
CK Toys
Skechers USA
Smash Factor Golf
Stater Bros.

Tokido Ramen’s variety of Japanese cuisine.
12461 Central Ave
5536 Philadelphia
6939 Schaefer Ave
12059 Cetnral Ave
4024 Grand Ave
16321 Main STreet
5065 Riverside Dr
12445 Central Ave
12447 Central Ave
11756 Central Ave
15801 Euclid Ave
3943 Grand Ave
4024 Grand Ave
5525 Philadelphia St
3857 Grand Ave
3926 Grand Ave
8373 Pine Ave.

City of Chino Office of Economic Development | 909-334-3250 | ChooseChino.org 17 INDUSTRIALINDUSTRIAL
Carmax
Hyundai America
Hyundai/Kia R&D America
Diamond Wipes International
El & El Woods
Jacuzzi
Fab Fit Fun
Aranda Tooling
Hussman Corporation
Viewsonic
Nexgrill Industries
Closetmaid Corporation
Yoshimura R&D America
Yokohama Tire Corporation
Quality Corporations: The new In-N-Out Corporate facility located at 16000 Quality Way.

AVAILABLE LOCATIONS:AVAILABLE LOCATIONS:

Property AddressProperty Address
6725 Kimball Ave.6725 Kimball Ave.
6911-6949 Bickmore Ave.6911-6949 Bickmore Ave.
12438 East End Ave.12438 East End Ave.
16003 Euclid Ave.16003 Euclid Ave.
14430 Monte Vista Ave.14430 Monte Vista Ave.
4331 Eucalyptus Ave.4331 Eucalyptus Ave.

Total Available Space (SF)Total Available Space (SF)
433,487433,487
265,267265,267
208,823208,823
206,118206,118
108,680108,680
100,615100,615

2.6%2.6%
Vacancy Rate
Corporate neighbors who call Chino home:

Amphastar Pharmaceuticals
McKesson Corporation
Thermo Fisher Scientific
RePET
American Honda Motors
Mission Linen
Lollicup USA
Amazon
FedEx
In-N-Out
Best Buy
Schneider Electric

FABTECH
City of Chino Office of Economic Development | 909-334-3250 | ChooseChino.org 18 MEMORANDUM

CITY OF CHINO

FINANCE DEPARTMENT

CITY COUNCIL MEETING DATE: NOVEMBER 7, 2023

TO: LINDA REICH, CITY MANAGER
FROM: ROB BURNS, DIRECTOR OF FINANCE

SUBJECT
..titl e
Warrants.
..end

RECOMMENDATION
Approve expenses as audited and within budget for warrants 767656 to 768009, and Electronic Fund Transfers 518116E to 518250E, totaling $6,274,975.71. ..body

FISCAL IMPACT
Sufficient funds have been included in the Fiscal Year 23-24 Operating Budget.

Revenue:

Expenditure:

Transfer In: Transfer Out:
19 CITY COUNCIL MEETING DATE: NOVEMBER 7, 2023
TITLE: 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. 767656 – 767737 10/5/23 23-24 $713,070.61

2. 767738 – 767866 10/12/23 22-23 $1,652,827.64

3. 767867 – 768006 10/19/23 22-23 $1,092,557.02

4. 768007 – 768009 10/19/23 23-24 $342,804.45

5. 518116E – 518156E 10/6/23 23-24 $1,605,285.03

6. 518157E – 518204E 10/13/23 23-24 $272,000.34

7. 518205E – 518250E 10/20/23 23-24 $596,430.62

E: Electronic Fund Transfer
TOTAL $6,274,975.71

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

RB:hm
Attachment

20 Council Meeting 11/7/23

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

Check
Number
Check Date Vendor Name Description Amount
767689 10/05/2023 INSIGHT PUBLIC SECTOR INC REPLACEMENT OF 2 CISCO SOFTWARE

SWITCHES
$82,375.17
767702 MORTON SALT, INC. BULK SALT PURCHASE $129,073.04 767716 PUBLIC RESTROOM COMPANY CHINO RANCHO PARK PROJECT $104,873.00 767735 WASTE MANAGEMENT COLLECTION SERVICES $199,412.84 518139 10/06/2023 INLAND EMPIRE UTILITIES AGENCY SEWAGE TREATMENT SERVICE $830,367.15 518143 MICON CONSTRUCTION, INC. OLD SCHOOLHOUSE BARN & SITE

IMPROVEMENT
$367,196.19
518151 SUPERION, LLC CENTRALSQUARE ONESOLUTION ANNUAL

MAINTENANCE
$114,926.34
518152 NEW TANGRAM LLC SENIOR CENTER FURNITURE

REPLACEMENT
$120,414.80
767760 10/12/2023 CHARTER COMMUNICATIONS HOLDINGS, LLC CHINO RANCHO PARK UNDERGROUND

COMMUNICATION
$85,576.42
767818 MNR CONSTRUCTION, INC. YORBA & EUCALYPTUS SEWER MAIN

REPLACEMENT
$620,544.10
767845 SO CAL EDISON CO SERVICE PERIOD: 07/31-09/28 $346,081.79 767863 WEST COAST ARBORISTS INC TREE TRIMMING $124,906.65 518163 10/13/2023 BONADIMAN WATER, INC SEWER-MOUNTAIN/CHINO $90,450.01 518170 ENGINEERING RESOURCES OF SOUTHERN
CA, INC.

PLAN CHECK SERVICES $64,506.93
767889 10/19/2023 CALIAGUA, INC. BENSON AVE. PERMANENT LIFT STATION $55,993.10 767905 CT & T CONCRETE PAVING, INC. AS NEEDED CONCRETE MAINTENANCE $299,727.62 767935 LANDSCAPE WEST MANAGEMENT SERVICES,
INC.

LANDSCAPE MAINTENANCE $71,550.00
768004 WASTE MANAGEMENT COLLECTION SERVICES $426,957.71 768008 LS COLLEGE PARK LLC EDISON AVENUE WEST PROJECT

REIMBURSEMENT
$342,462.45
518214 10/20/2023 CIVICA LAW GROUP, APC LEGAL SERVICES $67,805.10 518231 INLAND EMPIRE UTILITIES AGENCY RECYCLED WATER $293,284.87

19 TOTAL $4,477,395.31

21 MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: NOVEMBER 7, 2023

TO: LINDA REICH, CITY MANAGER
FROM: NATALIE GONZAGA, CITY CLERK

SUBJECT
..titl e
Regular Meeting Minutes for October 17, 2023 (Mayor Ulloa Absent-Excused). ..end
..body

22 CHINO CITY COUNCIL

SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY

REGULAR MEETING - CITY HALL COUNCIL CHAMBERS
13220 CENTRAL AVENUE
CHINO, CA 91710
TUESDAY, OCTOBER 17, 2023

MINUTES
CLOSED SESSION – 5:00 PM
OPEN SESSION – 6:00 PM
_________________________________________________________________________________

CALL TO ORDER
The October 17, 2023, Regular Meeting of the Chino City Council / Successor Agency to the Redevelopment Agency was called to order at 5:02 p.m. by Mayor Pro Tem Karen C.

Comstock in the Council Chambers.

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

CLOSED SESSION PUBLIC COMMENTS
There were no requests to speak.

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

1. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9 Number of Potential Cases: One

2. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Initiation of litigation pursuant to Paragraph (4) of Subdivision (d) of Government Code Section 54956.9.

Number of Cases: One
The City Council recessed to Closed Session at 5:03 p.m. and concluded at 5:40 p.m. The City Council reconvened the meeting at 6:02 p.m.
23 CHINO CITY COUNCIL
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FLAG SALUTE
Council Member Flores led the assembly in reciting the Pledge of Allegiance.

CEREMONIALS
Proclamations
Lights On Afterschool Day. Proclaim October 26, 2023 as Lights On Afterschool Day.

Mayor Pro Tem Comstock read into the record the proclamation designating October 26, 2023 as Lights On Afterschool Day, and presented it to Nicholas Gallardo, CSPR Coordinator, City of Chino, and Tricia Huffman, Grant Funded Manager, SOAR After School Program, Chino Valley Unified School District.

Presentations
Chino Police Department Chaplain Retirement. Recognition of Pastor Sheldon Boyd on his retirement.

Mayor Pro Tem Comstock presented Chaplain Sheldon Boyd with a City Tile in recognition of his twenty-seven years of service to the Chino Police Department and Chino community. Mayor Pro Tem Comstock relayed Mayor Ulloa's message, wishing Chaplain Boyd a sincere congratulations on his retirement. Pastor Mike Spradlin and Chino Police Chief Mensen congratulated Chaplain Boyd and announced the retirement celebration taking place October 30 at the Police Department.

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

1. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9 Number of Potential Cases: One
The City Council received an update, and no further reportable action was taken

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

Number of Cases: One
Mayor Pro Tem Comstock abstained and recused herself from this Closed Session item. The City Council received an update, provided direction, and no further reportable action was taken.

AGENDA ADDITIONS/REVISIONS
City Manager Linda Reich reported agenda item No. 4 will be pulled for a staff report.

INFORMATION
Legislative Update. Receive and File the Legislative Update.

Mayor Pro Tem Comstock announced the legislative update is available in the agenda packet. 24 CHINO CITY COUNCIL
OCTOBER 17, 2023 3

PUBLIC ANNOUNCEMENTS
Mayor Pro Tem Comstock issued a reminder about the following scheduled community events:

The Chino Police Department Community Open House will be held at the Chino Police station, located at 5450 Guardian Way, on Saturday, October 28 from 10:00 a.m. to 2:00 p.m. For more information, call 909-334-3000.

The City's Halloween House Decorating Contest has begun and residents can enter their nomination by sending their entries by direct message to the City's Instagram or Facebook accounts before the deadline on October 30 at 5:30 p.m. For more details, visit www.cityofchino.org/halloweenhome.

The City's Halloween Spookacular event will take place on Tuesday, October 31 at Ruben S.

Ayala Park, specifically Fields 11, 12, and 13, from 4:00 p.m. to 9:00 p.m. For details on the purchase and pick up of pre -sale carnival wristbands and all things Halloween Spooktacular, please visit www.cityofchino.org/halloween.

The Chino Youth Museum Fall “A Hollywood Bingo Bash” Fundraiser will be held at the Chino Fairgrounds Brinderson Hall on Monday, November 13. Doors will open at 5:15 p.m., dinner at 5:15 p.m., and Bingo at 6:30 p.m. Tickets are available at the Chino Youth Museum and Senior Center for $30 and $25 for ages 55 plus. For more information, call 909-334-3270.

Mayor Pro Tem Comstock announced the pink ribbon displayed on the dais were in support of breast cancer awareness and noted that the Chino Police Department is selling pink police patches for $10 for interested residents.

Mayor Pro Tem Comstock acknowledged students from California State Polytechnic University, Pomona and Ayala High School for attending the City Council meeting.

PUBLIC COMMENTS
Chaplain Sheldon Boyd, Cornerstone Community Church, provided the invocation.

Steve Chung, announced the grand opening of Church of the Southlands new Chino campus, and presented the Council with a gift to commemorate their grand opening.

Pastor Richard Kim, Church of the Southlands, expressed it was an honor to be in Chino and introduced the services his church has to offer to the members of the Chino community.

Melissa Compani, Field Representative for Curt Hagman Fourth District Supervisor's Office, provided announcements and an update on upcoming events.

Martha Collins, of C.A.S.A. San Bernardino provided an introduction and information on an upcoming fundraiser for foster youth.

CONSENT CALENDAR

1. Warrants. Approve expenses as audited and within budget for warrants 767461 to 767655, and Electronic Fund Transfers 518041E to 518114E, totaling $5,319,524.07.

2. Minutes. Regular Meeting Minutes for October 3, 2023 (Mayor Pro Tem Comstock Absent-Excused).
25 CHINO CITY COUNCIL
OCTOBER 17, 2023 4

ITEM 4 PULLED FROM CONSENT CALENDAR FOR SEPARATE ACTION.

5. Fiscal Year 2022 Emergency Management Performance Grant (EMPG). Authorize the acceptance of the Fiscal Year 2022 Emergency Management Performance Grant (EMPG) in the amount of $24,609 to purchase laptops and an interactive whiteboard for the Emergency Operations Center (EOC).

6. Amendment No. 7 - Preliminary Engineering & Design Services Pine Avenue Improvement Project (ST203). Approve Amendment No. 7 with Proactive Engineering Consultants for Preliminary Engineering and Design Professional Services in an amount of $102,308, for a revised agreement total not-to-exceed $1,370,426.

7. Purchase Order - Pres-Tech Manufacturers’ Representatives, Inc. Approve a purchase order in the amount of $87,460.96 for the purchase of a 2024 Single Axle Valve Turner Vacuum Trailer.

8. Purchase Order - Los Angeles Truck Centers LLC. Approve a Purchase Order in the amount of $641,175.57 to Los Angeles Truck Centers LLC for a model year 2025 Freightliner 114SD Sewer Vacuum Truck and a model year 2024 Ford F-550 Regular Cab Service Body Truck.

9. Purchase Order - Altec Industries, Inc. Approve a purchase order for a 2025 Ford F -550 boom truck in the amount of $177,983.45.

10. Adoption of Ordinance No. 2023 -019. Adoption of Ordinance No. 2023 -019 approving PL20-0003 (Prezone/Annexation) in conjunction with the annexation of the East End Annexation area (Second Reading).

Motion by Council Member Flores, seconded by Council Member Burton, to approve Consent Calendar items 1-3 and 5-10. The motion carried by the following vote:

AYES: COMSTOCK, BURTON, FLORES, AND LUCIO
NOES: NONE.

ABSENT: ULLOA

ITEMS PULLED FROM CONSENT CALENDAR

4. Resolution Denouncing Antisemitism and Condemning all Forms of Hate. Adopt Resolution 2023-065, a Resolution Denouncing Antisemitism and Condemning All Forms of Hate in the City of Chino.

Jackie Melendez, Assistant City Manager, presented a report on the item and noted there are members of various faiths present in support of Resolution No. 2023 -065. She noted that Jason Moss, Executive Director of the Jewish Federation of the Greater San Gabriel and Pomona Valleys, who approached the City to adopt a resolution, sent in comments that were provided to all City Council members.

Rabbi Harlig, Chabad Jewish Center of Chino Hills, thanked the City Council for the opportunity to speak, specifically about the recent tragedies that occurred in Israel and spoke in favor of goodness and kindness in this world. The Rabbi prayed for the injured and for all who are suffering.
26 CHINO CITY COUNCIL
OCTOBER 17, 2023 5
Fateh Quraishi, Ahmadiyya Muslim Community, thanked the City Council, spoke against hate, and is praying for peace so that no more lives are lost. He thanked the Chino Police Department for being proactive and invited everyone to the upcoming annual convention at the Chino Mosque.

Mayor Pro Tem Comstock stated that residents are fortunate the City of Chino has a wide range of support from different faiths and asked the community to pray to support peace and hopes that stability is achieved.

Motion by Council Member Burton, seconded by Council Member Lucio, to approve a Resolution Denouncing Antisemitism and Condemning all Forms of Hate. The motion carried by the following vote:

AYES: COMSTOCK, BURTON, FLORES, AND LUCIO
NOES: NONE.

ABSENT: ULLOA

PUBLIC HEARING

11. Annexation of Territory into Existing Community Facilities District No. 2003 -03 Improvement Area 5. Conduct a Public Hearing regarding Annexation No. 8 of Territory into Existing Community Facilities District No. 2003-03 Improvement Area 5.

Staff Report By: Rob Burns, Director of Finance
RECOMMENDATION: 1) Conduct a Public Hearing; 2) adopt Resolution No. 2023 -062 calling a special election for the purpose of approving an annexation into Improvement Area 5 of the Community Facilities District No. 2003-03; 3) adopt Resolution No. 2023 -063, declaring results of the special election; and 4) authorize the City Manager to execute all documents on behalf of the City.

Mayor Pro Tem Comstock opened the public hearing.

Rob Burns, Director of Finance, provided a report on the item.

Hearing no requests to speak, Mayor Pro Tem Comstock closed the public hearing.

Motion by Council Member Lucio, seconded by Council Member Flores, to 1) Conduct a Public Hearing; 2) adopt Resolution No. 2023 -062 calling a special election for the purpose of approving an annexation into Improvement Area 5 of the Community Facilities District No. 2003-03; The motion carried by the following vote:

AYES: COMSTOCK, BURTON, FLORES, AND LUCIO
NOES: NONE.

ABSENT: ULLOA
Staff Report By: Rob Burns, Director of Finance
Mayor Pro Tem Comstock directed the City Clerk to open the ballots and declare the results of the special election.
27 CHINO CITY COUNCIL
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City Clerk Natalie Gonzaga reported all ballots had been cast in connection with the election to annex territory to improvement area 5 of the Community Facilities District (CFD) No. 2003-03, and stated the election was declared closed. City Clerk Gonzaga reported the results for the election were unanimous, there were 13 votes in favor of the proposition.

Mayor Pro Tem Comstock requested a motion to adopt Resolution 2023 -063 certifying the results of the election.

Motion by Council Member Flores, seconded by Council Member Lucio, to 3) adopt Resolution No. 2023 -063, declaring results of the special election; and 4) authorize the City Manager to execute all documents on behalf of the City. The motion carried by the following vote:

AYES: COMSTOCK, BURTON, FLORES, AND LUCIO
NOES: NONE.

ABSENT: ULLOA

NEW BUSINESS

12. Issuance of Bonds Community Facilities District 2021 -1. Adopt Resolution 2023 -064 for the issuance of Bonds for Community Facilities District (CFD) 2021-1.

Staff Report By: Rob Burns, Director of Finance
RECOMMENDATION: 1) Adopt Resolution No. 2023 -064 of the City Council of the City of Chino, acting as the legislative body for Community Facilities District No. 2021 -1 of the City of Chino (the “District”), approving the issuance of the bonds and the substantially final forms of the Preliminary Official Statement, Fiscal Agent Agreement, Bond Purchase Agreement, Continuing Disclosure Agreement, and Appraisal Report (collectively, the “Bond Documents”); and 2) approve the Bond Counsel Agreement with Stradling, Yocca, Carlson & Rauth in the amount of $75,000.

Rob Burns, Director of Finance, provided a report on the item.

Motion by Council Member Burton, seconded by Council Member Lucio, to 1) Adopt Resolution No. 2023-064 of the City Council of the City of Chino, acting as the legislative body for Community Facilities District No. 2021 -1 of the City of Chino (the "District"), approving the issuance of the bonds and the substantially final forms of the Preliminary Official Statement, Fiscal Agent Agreement, Bond Purchase Agreement, Continuing Disclosure Agreement, and Appraisal Report (collectively, the "Bond Documents"); and 2) approve the Bond Counsel Agreement with Stradling, Yocca, Carlson & Rauth in the amount of $75,000. The motion carried by the following vote:

AYES: COMSTOCK, BURTON, FLORES, AND LUCIO
NOES: NONE.

ABSENT: ULLOA

13. Second Amendment - Edison Avenue Reimbursement Agreement (L.S. College Park, LLC).

Approve a reimbursement agreement amendment with LS College Park, LLC for the design/construction of public improvements on Edison Avenue between Central to Oaks Avenues in the amount of $1,292,860 for a total contract amount not to exceed $13,700,000. 28 CHINO CITY COUNCIL
OCTOBER 17, 2023 7
Staff Report By: Sylvia Ramos, Associate Engineer
RECOMMENDATION: 1) Appropriate $342,463 to Fund 328 Measure I Arterial Subprogram with a corresponding revenue reimbursement increase retroactive to FY22 -23; 2) appropriate $1,657,537 to Fund 328 Measure I Arterial Subprogram with a corresponding revenue reimbursement increase for FY23 -24; 3) appropriate $3,269,000 to the Transportation Fund with a corresponding year end transfer from the Citywide Transportation Development Impact Fee Fund 220 for FY23 -24; 4) increase the budget for ST163 by the additional appropriations listed above: $342,463 for FY22 -23 for a revised reimbursement agreement budget of $8,773,463 and $4,926,537 for FY23-24 for a total revised agreement budget of $13,700,000; 5) approve an amendment to the reimbursement agreement 2017 -152 with LS College Park, LLC. for the design/construction of public improvements on Edison Ave between Central and Oaks Avenues in the amount of $1,292,860 for a total reimbursement agreement of $13,700,000; and 6) authorize the City Manager to execute all the necessary documents of behalf of the City.

Jesus Plasencia, Assistant City Engineer, provided a report on the item.

Council Member Lucio requested staff to clarify the lane location, provide an update on any delays, and inquired about ADA ramp completion. Assistant City Engineer Plasencia confirmed the three lane project would start from Central Avenue to Mountain Avenue and reported the recent delays experienced were a result of the Southern California Edison manhole and lids adjustment project, which is scheduled to be completed by the end of the month. Mr. Plasencia noted the ADA ramps are complete and the ADA ramp designs changed when the City changed their ADA policy standards.

Council Member Burton asked if the project would include Edison and Oaks Avenues to address the existing drainage issues. Mr. Plasencia reported the Edison and Oaks Avenue improvements will take place once Southern California Edison relocates their underground conduits that are in conflict with the storm drain location, and once complete, the Lennar company will be able to begin the storm drain improvements at the intersection and up Oaks Avenue. He noted that once all the utility improvements have been completed, the City can begin the street and sidewalk improvement project.

Mr. Plasencia reported the improvement project will not be completed before the end of the year, but assured the Council that staff is in close communication with the contractor and to help expedite the completion of the contract.

Council Member Flores asked if the construction will pose problems for the City's Halloween Spooktacular event and Mr. Plasencia reported no impacts are anticipated.

Mayor Pro Tem Comstock commented the road and sidewalk widening is a project that has been anticipated by all residents and concurred with Council Member Burton's concern with Edison and Oaks Avenue. She requested staff to address the landscape issues, specifically the unfinished Edison easement that runs along the pedestrian pathway at Ayala Park and looks forward to the Edison landscape design to be consistent with the City's landscape design.

Motion by Council Member Lucio, seconded by Council Member Flores, to 1) Appropriate $342,463 to Fund 328 Measure I Arterial Subprogram with a corresponding revenue reimbursement increase retroactive to FY22 -23; 2) appropriate $1,657,537 to Fund 328 Measure I Arterial Subprogram with a corresponding revenue reimbursement increase for FY23 -24; 3) appropriate $3,269,000 to the Transportation Fund with a corresponding year end transfer from the Citywide Transportation Development Impact 29 CHINO CITY COUNCIL
OCTOBER 17, 2023 8
Fee Fund 220 for FY23 -24; 4) increase the budget for ST163 by the additional appropriations listed above: $342,463 for FY22 -23 for a revised reimbursement agreement budget of $8,773,463 and $4,926,537 for FY23 -24 for a total revised agreement budget of $13,700,000; 5) approve an amendment to the reimbursement agreement 2017 -152 with LS College Park, LLC. for the design/construction of public improvements on Edison Ave between Central and Oaks Avenues in the amount of $1,292,860 for a total reimbursement agreement of $13,700,000; and 6) authorize the City Manager to execute all the necessary documents of behalf of the City. The motion carried by the following vote:

AYES: COMSTOCK, BURTON, FLORES, AND LUCIO
NOES: NONE.

ABSENT: ULLOA

14. Purchase Order - M.K. Smith Chevrolet. Approve a Purchase Order in the amount of $421,531.04 for (2) 2023 Chevrolet Colorados, (2) 2023 Chevrolet Express Vans, (5) 2023 Chevrolet 1500 Regular Cab Pickup trucks for Public Works and (1) 2023 Chevrolet Tahoe for the Police Department.

Staff Report By: Keith Martinez, Assistant Public Works Services Manager RECOMMENDATION: 1) Approve an additional appropriation of $22,200 from the unappropriated reserves of the Equipment Management Fund (660); 2) approve a purchase order to M.K. Smith Chevrolet, Chino, CA, in the amount of $421,531.04 for the purchase of two (2) Model Year 2023 Chevrolet Colorado, two (2) Model Year 2023 Chevrolet Express Vans, five (5) Model Year 2023 Chevrolet 1500 Regular Cab Pickup trucks for the Public Works Department, and one (1) Model Year 2023 Chevrolet Tahoe for the Police Department; 3) increase the vendor cap for M.K. Smith Chevrolet to $568,274.88; and 4) authorize the City Manager to execute all necessary documents on behalf of the City.

Keith Martinez, Assistant Public Works Services Manager presented a report on the item.

Motion by Council Member Lucio, seconded by Council Member Flores, to 1) Approve an additional appropriation of $22,200 from the unappropriated reserves of the Equipment Management Fund (660); 2) approve a purchase order to M.K. Smith Chevrolet, Chino, CA, in the amount of $421,531.04 for the purchase of two (2) Model Year 2023 Chevrolet Colorado, two (2) Model Year 2023 Chevrolet Express Vans, five (5) Model Year 2023 Chevrolet 1500 Regular Cab Pickup trucks for the Public Works Department, and one (1) Model Year 2023 Chevrolet Tahoe for the Police Department; 3) increase the vendor cap for M.K. Smith Chevrolet to $568,274.88; and 4) authorize the City Manager to execute all necessary documents on behalf of the City. The motion carried by the following vote:

AYES: COMSTOCK, BURTON, FLORES, AND LUCIO
NOES: NONE.

ABSENT: ULLOA

15. Purchase Order - Fairview Ford Sales, Inc. Approve a Purchase Order to Fairview Ford Sales, Inc. in the amount of $674,479.85 for eleven (11) model year 2025 Ford Police Utility Interceptors for the Chino Police Department.

Staff Report By: Keith Martinez, Assistant Public Works Services Manager 30 CHINO CITY COUNCIL
OCTOBER 17, 2023 9
RECOMMENDATION: 1) Approve an appropriation in the amount of $50,000 from the unappropriated reserves of the Equipment Management Fund; 2) approve a purchase order to Fairview Ford Sales, Inc., San Bernardino, CA, in the amount of $674,479.85 for the purchase of eleven (11) Model Year 2025 Ford Police Utility Interceptors for the Police Department; 3) increase the vendor cap for Fairview Ford Sales, Inc. to $750,991.37; and 4) authorize the City Manager to execute all necessary documents on behalf of the City.

Keith Martinez, Assistant Public Works Services Manager presented a report on the item.

Council Member Burton requested staff to explain the process taken before city vehicles are replaced.

Assistant Public Works Services Manager Martinez explained the vehicle age, mileage (approximately 100,000 miles), and maintenance costs are the components used to determine vehicle replacement. He noted that vehicles typically have a 3 -year life cycle and confirmed City staff completes routine vehicle maintenance.

Council Member Burton noted the heavy usage of police vehicles and encouraged staff to be proactive with the vehicle orders. He thanked staff's efforts to ensure the police department has functional equipment.

Mayor Pro Tem Comstock asked staff if the proposed purchase order is a budget allocation item. Assistant Public Works Services Manager Martinez confirmed the proposed purchase order is a budget allocation item and explained staff is fulfilling the vehicle purchase order that was included in the 2022-2023 fiscal year.

Council Member Lucio recommended staff seek bids from local vehicle dealerships and ensure they partake in the bidding process.

Motion by Council Member Lucio, seconded by Council Member Flores, to 1) Approve an appropriation in the amount of $50,000 from the unappropriated reserves of the Equipment Management Fund; 2) approve a purchase order to Fairview Ford Sales, Inc., San Bernardino, CA, in the amount of $674,479.85 for the purchase of eleven (11) Model Year 2025 Ford Police Utility Interceptors for the Police Department; 3) increase the vendor cap for Fairview Ford Sales, Inc. to $750,991.37; and 4) authorize the City Manager to execute all necessary documents on behalf of the City. The motion carried by the following vote:

AYES: COMSTOCK, BURTON, FLORES, AND LUCIO
NOES: NONE.

ABSENT: ULLOA

16. Vendor Cap Increase and Award of Contract - American Guard Services, Inc. Approve a vendor cap increase in the amount of $25,000 for a total not -to-exceed amount of $75,000 for private security patrol services and award a new contract for a total not -to-exceed amount of $157,200 to American Guard Services, Inc.

Staff Report By: Jackie Melendez, Assistant City Manager 31 CHINO CITY COUNCIL
OCTOBER 17, 2023 10
RECOMMENDATION: 1) Approve a vendor cap increase with American Guard Services, Inc. in the amount of $25,000 for a total not -to-exceed amount of $75,000 for services through October 31, 2023, 2) Award a new contract to American Guard Services, Inc., Los Angeles, CA in the amount of $157,200, 3) appropriate $37,200 from the unappropriated reserves of the General Fund, and 4) authorize the City Manager to execute the necessary documents on behalf of the City, and to approve up to two, one year contract extensions.

Jackie Melendez, Assistant City Manager provided a report on the item.

Council Member Flores expressed concern with the security guard turnover and asked that staff work with the security company to ensure the guards are aware of the public's rights regarding use of the front lawn at City Hall.

Assistant City Manager Melendez assured the Council that staff will address both concerns.

Motion by Council Member Flores, seconded by Council Member Lucio, to 1) Approve a vendor cap increase with American Guard Services, Inc. in the amount of $25,000 for a total not-to-exceed amount of $75,000 for services through October 31, 2023, 2) Award a new contract to American Guard Services, Inc., Los Angeles, CA in the amount of $157,200, 3) appropriate $37,200 from the unappropriated reserves of the General Fund, and 4) authorize the City Manager to execute the necessary documents on behalf of the City, and to approve up to two, one year contract extensions. The motion carried by the following vote:

AYES: COMSTOCK, BURTON, FLORES, AND LUCIO
NOES: NONE.

ABSENT: ULLOA

MAYOR AND COUNCIL REPORTS
Mayor Ulloa
Mayor Ulloa was absent (excused).

Mayor Pro Tem Comstock
Mayor Pro Tem Comstock reported on the following meetings and events attended since the last meeting that included the City Council Workshop regarding Commissions; the Chino Valley Fire District Board Meeting; and noted that she missed the recent Council meeting due to being out of country to celebrate her parent's 49th wedding anniversary.

Council Member Burton
Council Member Burton reported on the following meetings and events attended since the last meeting that included Coffee with a Cop at Painted Dough; Economic Horizon 2024 at El Prado Golf Course; Making Strides Breast Cancer Awareness event and encouraged staff to hold this event on an annual basis; Investment Advisory Committee; City Manager meeting; City Council Workshop to discuss the Commissions; Mayor's Prayer Breakfast; and Closed Session.

Council Member Flores
Council Member Flores reported on the following meetings and events attended since the last meeting that included the Economic Horizon 2024 at El Prado Golf Course; Don Lugo High 32 CHINO CITY COUNCIL
OCTOBER 17, 2023 11
School car show; Praise Chapel Chino Valley Car Show; Investment Advisory Committee; City Manager meeting; City Council Workshop to discuss the Commissions; Chino Valley Chamber of Commerce Board meeting.

17. Community Support Fund - Council Member Flores. Approve community support fund contribution to the Chino Youth Museum.

Staff Report By: Council Member Christopher Flores
RECOMMENDATION: Approve community support fund contribution of $500 to the Chino Youth Museum.

Motion by Council Member Burton, seconded by Council Member Lucio, to approve the community support fund contribution of $500 to the Chino Youth Museum. The motion carried by the following vote:

AYES: COMSTOCK, BURTON, FLORES, AND LUCIO
NOES: NONE.

ABSENT: ULLOA
Council Member Lucio
Council Member Lucio reported on the following meetings and events attended since the last meeting that included the Economic Horizon 2024 at El Prado Golf Course and met the new owners Frank and Danielle Lizarraga who have plans to improve the golf course; Inland Empire Latino Economic and Policy Summit; Regional Leadership Academy with Fontana Mayor Acquanetta Warren and discussed the revitalization of downtown Fontana; Council Member Lucio expressed the need to revitalize downtown Chino so our residents can enjoy things here and to move the city forward and build relationships with nearby cities; expressed appreciation for the pink ribbons on the dais for breast cancer awareness; and met with Father Joseph of Saint Paul the Apostle Catholic Church to discuss prospective development projects on the property located on Chino Avenue.

City Manager's Report
City Manager Reich had no report.

City Attorney's Report
City Attorney Fred Galante reported the Governor signed 56 bills that related to affordable housing and a summary will be provided by his office.

Police Chief's Report
Chief Mensen reported the Chino Police Department continues to monitor all types of threat to the Chino community and urged residents to contact the Chino Police Department to report any strange activity so they can investigate it. Chief Mensen invited residents to the upcoming Police Department Open House which will take place on October 28.

Fire Chief's Report
Fire Deputy Chief Skibar reported the CONFIRE medical transportation agreement will be considered for a vote by the San Bernardino County Board of Supervisors in November; announced Fire Station 68 is undergoing the CEQA review process until November 6 and the Chino Valley Fire Department Open House is scheduled on Saturday, October 21 at Chino Valley Fire Department Training Center.
33 CHINO CITY COUNCIL
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Mayor Pro Tem Comstock congratulated Fire Deputy Chief Skibar for his 30 year anniversary with Chino Valley Fire District.

ADJOURN
Mayor Pro Tem Comstock adjourned at 7:40 p.m.The next Regular Meeting of the City Council will be held on Tuesday, November 7, 2023 at 6:00 p.m. (Closed Session no earlier than 4:00 p.m. if necessary) in these Council Chambers.

APPROVED AND ADOPTED THIS 7TH DAY OF NOVEMBER 2023.
________________________________

KAREN COMSTOCK, MAYOR PRO TEM
________________________________

NATALIE GONZAGA, CITY CLERK
**************************************************
(These minutes are not official until signed.)
34 MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: NOVEMBER 7, 2023

TO: LINDA REICH, CITY MANAGER
FROM: NATALIE GONZAGA, CITY CLERK

SUBJECT
..titl e
Elected City Officials’ Report Regarding Travel, Training, and Meetings.

..end

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

..body

FISCAL IMPACT
Sufficient funding is available in the adopted Fiscal Year 2023-24 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:

 Superior Customer Service
 Responsible Long-Range Planning
 Exemplary Leadership
 Public Service Excellence through Internal and External Partnerships

Revenue:

Expenditure: 1002000-43320
Transfer In: Transfer Out:
35 CITY COUNCIL MEETING DATE: NOVEMBER 7, 2023
TITLE: 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 (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 agenci es to adopt a business-related expense policy, AB 1234 requires that Elected Officials provide a brief report on meetings attended at the expense of the local agency at the next regular meeting of the legislative body.

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

Attachment – Exhibit A

36 Event Date Meeting Purpose and
Subject Matter
Location

City Official Attendees

October 25, 2023 State of the Fire
District Luncheon
Chino, CA Mayor Ulloa
Mayor Pro Tem Comstock
Council Member Burton
Council Member Flores
Council Member Lucio

37 MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: NOVEMBER 7, 2023

TO: LINDA REICH, CITY MANAGER
FROM: JACKIE MELENDEZ, ASSISTANT CITY MANAGER

SUBJECT
..titl e
Date Modification for the Third Amendment to Operating Covenant and Restrictive Covenants Affecting Interests In Real Property - Creative Bus Sales, Inc.

..end

RECOMMENDATION
Approve a date correction to the Third Amendment to the Operating Covenant and Restrictive Covenants Affecting Interests in Real Property between the City of Chino and Creative Bus Sales, Inc. and authorize the City Manager to execute all necessary documents on behalf of the City.

..body

FISCAL IMPACT
The date correction will have no additional fiscal impact.

· Responsible Long-Range Planning
· Financial Stability

Revenue: Click or tap here to enter text.

Expenditure:

Transfer In: Click or tap here to enter text. Transfer Out: Click or tap here to enter text. 38 CITY COUNCIL MEETING DATE: NOVEMBER 7, 2023
TITLE: DATE MODIFICATION FOR THE THIRD AMENDMENT TO OPERATING COVENANT

AND RESTRICTIVE COVENANTS AFFECTING INTERESTS IN REAL PROPERTY - CREATIVE BUS SALES, INC.

PAGE: 2

BACKGROUND
On September 5, 2023, the Chino City Council approved Amendment No. 3 extending a sales tax sharing agreement between the City of Chino and Creative Bus, Inc.

The amendment allowed for a possible ten year extension of the agreement with a base amount of $75,000 to be paid first to the City of Chino. The agreement also called for a sales tax sharing of 40% for years 1 and 2; 35% for years 3 and 4; and 30% for years 5 through 10.

The new term will begin upon execution of the agreement and was intended to be completed on September 30, 2028 with options to extend, to September 30, 2032.

All other provisions of the original Agreement and first and second amendments remained unchanged.

ISSUES/ANALYSIS
The approval of Amendment No. 3 on September 5, 2023, included incorrect commencement and termination dates. Approval of this item corrects these errors establishing a termination date for the original 20 year period as September 30, 2022. The correct commencement date for Amendment No. 3 is set at October 1, 2022. The termination date for Amendment No. 3 is set at September 30, 2028 with a potential final ten year termination date of September 30, 2032.

Attachment – Amendment No. 3 with Date Changes

39 01225.0045/919332.2 1

APN 102-481-0020-000 (Above space for recorder’s use only) (Exempt from recording fees per Govt Code § 6103
and §27383)

THIRD AMENDMENT TO OPERATING COVENANT AND RESTRICTIVE COVENANTS

AFFECTING INTERESTS IN REAL PROPERTY

This THIRD AMENDMENT TO OPERATING COVENANT AND RESTRICTIVE COVENANTS AFFECTING INTERESTS IN REAL PROPERTY (“Amendment”) is entered into as of ___________, 2023 by and between the CITY OF CHINO, a municipal corporation (“City”) and CREATIVE BUS SALES, INC. and/or any name by which it may be called in the future, an Indiana corporation (“Creative Bus”). The City and Creative Bus shall collectively be referred to as the “Parties”.

RECITALS

A. City and the predecessor to Creative Bus, T&T Investments, LLC, a California limited liability company (“T&T”), are parties to that certain Operating Covenant and Restrictive Covenants Affecting Interests in Real Property dated December 1, 2001, recorded on November 1, 2002, as Instrument No. 2002 - 0591622, relating to the operations of T&T on certain real property more particularly described therein as the "Site," and City' s payment to Creative Bus of an amount equal to a percentage of the sales tax generated by T&T’s conduct of such operations (“Original Covenant").

B. On or about January 7, 2003 , City and T&T entered into that certain Amendment to Operating Covenant and Restrictive Covenants Affecting Interests in Real Property ("Amendment No. 1"), pursuant to which the parties agreed to establish October 1, 2002 as the “Commencement Date."

C. On or about October 1, 2012, City and T&T entered into that certain Second Amendment to Operating Covenant and Restrictive Covenants Affecting Interests in Real Property ("Amendment No. 2"), pursuant to which the parties agreed to (i) add an additional ten (10) Payment Periods, (ii) set forth the terms for calculating the City Consideration payments during such additional Payment Periods, and ( iii) add additional covenants of City and Creative Bus. The Original Covenant, as modified by Amendment No. 1 and Amendment No. 2, is hereinafter referred to as the "Covenant."

D. On or about May 1, 2015, Creative Bus began leasing the entire Site from T&T .

RECORDING REQUESTED BY AND
WHEN RECORDED, MAIL TO:

CITY OF CHINO
13220 Central Avenue
Chino, California 91710
Attn: City Clerk
40 01225.0045/919332.2 2

(“Assignment”).

E. City wishes to consent to the Assignment of the Covenant to Creative Bus by this Amendment.

F. Additionally, t he Covenant expired as of October 1, 2022 and the parties now wish to provide for the retroactive extension of the Covenant, establish new Payment Periods and set the terms for the City Consideration of same.

G. The parties intend to amend the Covenant as set forth herein.

NOW, THEREFORE, the parties agree as follows:

AGREEMENT

1. Incorporation of Recitals. The foregoing recitals are incorporated herein.

2. Effective Date. This Amendment shall be effective upon recordation in the Official Records of San Bernardino County.

3. Defined Terms. Terms not specifically defined in this Amendment shall have the meaning in the Covenant.

4. Assignment. Creative Bus hereby represents that all the rights and interest in the Covenant has been duly assigned to Creative Bus by way of the Assignment and that Creative Bus is fully and unequivocally authorized to enter into this Amendment by virtue of such Assignment. Based on such represent ation, which representation is a material inducement to the City entering into this Amendment, the City hereby approves the assignment of the Covenant to Creative Bus.

5. Modifications to Original Covenant. City and Creative Bus hereby agree to add additional six (6)-year periods to the Covenant, commencing October 1, 2022, with the option to extend for two (2) additional two (2) -year periods by mutual agreement (collectively, “ Additional Payment Period ”) for a total maximum term ending September 30, 2032 (“Extended Operating Period”). To effectuate this modification, the Covenant is hereby modified as follows:

A. Section 1 Definitions, “ Additional Payment Period ”. The definition of “Allowable Sales Tax”, as provided for in Amendment No. 1 and amended by Amendment No. 2, is hereby amended in its entirety to read as follows:

“The term “Additional Payment Period” means the additional six (6)-year periods commencing October 1, 2022, with the option to extend for two (2) separate Option Periods by mutual agreement.

B. Section 1 Definitions, “ Allowable Sales Tax ”. The definition of “Allowable Sales Tax”, as provided for in Amendment No. 1 and amended by Amendment No. 2, is hereby amended in its entirety to read as follows:
41 01225.0045/919332.2 3

“The term “Allowable Sales Tax ” means for each Extended Additional Payment Period, the (i) the Sales Tax, less (ii) the sum of Seventy -Five Thousand Dollars ($75,000). For each of the Additional Payment Periods added pursuant to this Amendment, City shall pay Creative Bus an amount equal to a percentage (“Applicable Percentage ”) of the actu al amount of Allowable Sales Tax for that Revised Extended Payment Period. The Applicable Percentage for each of the six (6) is as follows:

Payment Period Applicable Percentage
2002-2022 Per Amendment No. 2
2023 40%
2024 40%
2025 35%
2026 35%
2027 30%
2028 30%

It is expressly understood by Creative Bus that the "Allowable Sales Tax" for each of the ten (10) Additional Payment Periods during the Revised Extended Operating Period does not include the first Seventy- Five Thousand Dollars ($75,000) of Sales Tax received by City for that Additional Payment Period. In connection therewith, as to each of the ten (10) Additional Payment Periods.

City and Creative Bus hereby agree that the amount to be paid by City to Creative Bus hereunder during each of the potential ten (10) Additional Payment Periods in the Extended Operating Period is a fair exchange for the consideration to be furnished by Creative Bus to City in that Additional Payment Period.

The Parties acknowledge that the second paragraph of Section

4.1.1 of the Covenant and the calculation of City Consideration set forth therein is not applicable to the Extended Operating Period.”

C. Section 1 Definitions, “Payment Period” . The definition of “Payment Periods”, as provided for in Amendment No. 1 and amended by Amendment No. 2, is hereby amended in its entirety to read as follows:

“The term “Payment Period” shall mean the twenty (20) one-year periods ending September 30, 2022, plus additional six (6)-year periods commencing October 1, 2022, with the option to extend for two (2) separate Option Periods by mutual agreement.”

D. Section 1 Definitions, shall be amended to add the term “Option Periods” to read as follows:

42 01225.0045/919332.2 4

“The term “Option Periods” shall mean City’s option, in its discretion, to extend the Payment Periods and Termination Date by two (2) additional two (2)-year periods.”

E. Section 1 Definitions, “Termination Date”. The definition of “Termination Date”, as provided for in Amendment No. 1 and amended by Amendment No. 2, is hereby amended in its entirety to read as follows:

“The term “Termination Date ” shall mean the twenty (20) one - year periods ending September 30 2022, as extended by
additional six (6)-year periods commencing October 1, 2022, and terminating on September 30, 2028, except that the parties may, by mutual agreement, extend such time for two (2) separate Option Periods, for a total maximum term ending September 30, 2032.”

6. Affirmation of Agreement; Warranty Re Absence of Defaults. City and Creative Bus each ratify and reaffirm each and every one of the respective rights and obligations arising under the Covenant, as amended by this Amendment. Each Party represents and warrants to the other that there have been no written or oral modifications to the Covenant other than by way of this Amendment and as provided herein. Each Party represents and warrants to the other that the Covenant, as amended by this Amendment, is currently an effective, valid, and binding obligation.

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

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

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

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

9. Counterparts. This Amendment may be executed in counterparts, each of which when so executed and delivered will be deemed to be an original, and such counterparts together will constitute one instrument.
43 01225.0045/919332.2 5

[SIGNATURES ON FOLLOWING PAGE]

IN WITNESS WHEREOF, the parties have executed this Amendment as of the date specified above.

CREATIVE BUS:

CITY:

CREATIVE BUS SALES, INC., a
Indiana corporation
By By: __________________________

_______________, __________

By:By: __________________________

_______________, __________

CITY OF CHINO, a municipal
corporation
By:

Linda Reich, City Manager

ATTEST:
__________________________
Natalie Gonzaga, City Clerk

APPROVED AS TO FORM:

ALESHIRE & WYNDER LLP

By: ________________________
Fred Galante, City Attorney

44 01225.0045/919332.2

ACKNOWLEDGMENT

State of California )

County of San Bernardino )

On , 2023, before me,
(insert name and title of the officer)
personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.

Signature ______________________

(Seal)
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.
45 01225.0045/919332.2

ACKNOWLEDGMENT

State of California )

County of San Bernardino )

On , 2023 before me,
(insert name and title of the officer)
personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.

Signature ______________________

(Seal)

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.
46 MEMORANDUM

CITY OF CHINO

COMMUNITY SERVICES, PARKS & RECREATION DEPARTMENT

CITY COUNCIL MEETING DATE: NOVEMBER 7, 2023

TO: LINDA REICH, CITY MANAGER
FROM: SILVIA AVALOS, DIRECTOR OF COMMUNITY SERVICES, PARKS &

RECREATION

SUBJECT
..titl e
Contract amendment and vendor cap increase – RTS 85, Inc. ..end

RECOMMENDATION
1) Approve contract #2024-135 amendment with RTS 85 I nc., Chino, CA in the amount of $27,000 for carnival ride services for a revised contract amount of $58,500; 2) approve a vendor cap increase of $27,000 for a revised vendor cap increase of $58,500; and 3) authorize the City Manager to execute all necessary documents on behalf of the City.

..body

FISCAL IMPACT
Sufficient funds are available in the Fiscal Year 2023 -24 Community Services Operating Budget.

Revenue: Click or tap here to enter text.

Expenditure: 33081400-43650
Transfer In: Click or tap here to enter text. Transfer Out: Click or tap here to enter text. 47 CITY COUNCIL MEETING DATE: NOVEMBER 7, 2023
TITLE: CONTRACT AMENDMENT AND VENDOR CAP INCREASE - RTS 85, INC.

PAGE: 2

BACKGROUND
The Community Services, Parks and Recreation (CSPR) Department is hosting the annual Chino Youth Christmas Parade and Fair on December 9, 2023. This event kicks off with a Parade, which incorporates Chino youth groups and community partners traveling down Riverside Drive and Central Avenue. The Parade route ends at the Civic Center where the community can enjoy the Christmas Fair. The Fair consists of food, information and craft vendors, Chino youth entertainment, Santa's Village at the Chino Youth Museum, and carnival rides.

ISSUES/ANALYSIS
Every year, CSPR staff receives quotes for carnival ride services. The scope of work included the operation of at least six carnival rides, generator, staffing, ADA wire covers, and fencing.

Staff received quotes from the following businesses:

There were no additional responses received. Although Carnival Services was the lowest bidder, they were used at the Halloween Spooktacular in 2021, where there were multiple issues with the appearance and operation of the rides, and the ride capacity is minimal for the magnitude of the event attendees. James Event Productions, Inc. also came in as a lower bid, but they do not have enough ADA wire covers for the designated carnival area, requiring the City to rent additional ADA wire covers from a different company. Also, they require a deposit of $13,070.50 with a cancelation policy of 30 days prior to the event for a full refund or December 6, 2023, for the rescheduling of the event within a 12-month window from the date of cancelation. In the case of rain, the Fair portion of the event is canceled, which is determined the morning of the event. Carnival rides cannot operate in the rain. RTS 85 Inc. met the scope of work for the event capacity, can provide ADA covers, and understands the City’s event cancelation process.

RTS 85 Inc. was utilized for the City’s Halloween Spo oktacular event on October 31, 2023, as they were the lowest responsible bidder for carnival services. Once again, RTS 85 Inc. was the most responsive and responsible bidder, and is a preferred Chino business for the Chino Youth Christmas Parade and Fair . If approved, RTS 85 I nc.’s agreement will be amended to include the Chino Youth Christmas Parade and Fair. The current contract amount awarded to RTS 85 Inc. totals $31,500. The requested increase of $27,000 will bring the total contract amount to $58,500. City Council authorization is required as the combined total of purchase orders will exceed $50,000 authorized to one vendor.

Attachment: RTS 85 Inc. - Contract Amendment

Company Name Total Amount
1 RTS 85 INC. $27,000.00
2 Carnival Services $15,920.00
3 James Event Productions, Inc. $26,151.00
48 01225.0001/863605.1
CONTRACT NO.: _2024-135, A1__
APPROVED: ______________

AMENDMENT NO. 1

TO AGREEMENT FOR SERVICES
THIS AMENDMENT TO THE AGREEMENT FOR SERVICES (“Amendment”) by and between the CITY OF CHINO, a California municipal corporation (“City”) and RTS 85, INC., a corporation (“Consultant”) is effective as of the 7th day of November 2023.

RECITALS
A. City and Consultant entered into that certain Agr eement for Contractual Services dated October 3, 2023 (“Agreement”) whereby Consultant agreed to provide carnival rides.

B. City and Consultant now desire to amend the Agreement to in crease the scope of services and compensation.

TERMS

1. Contract Changes. The Agreement is amended as provided herein. (a) The Scope of Services at Exhibit “1” of the Agreement is amended to add the following additional services to be provided by Consultant as part of the Amendment:
“Six (6) Carnival Rides for the Chino Youth Christmas Parade and Fair at the Chino Civic Center, 13220 Central Avenue, on December 9, 2023.” (b) The following exhibit is included and all other terms and conditions remain unchanged:

EXHIBIT 1: Scope of Work dated October 9, 2023.
(c) Section 2, Contract Sum , add the following:
“ Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the attached hereto as Exhibit “1” and incorporated herein by this reference. Compensation is revised to increase the Contract Sum by Twenty-Seven Thousand Dollars and Zero Cents ($27,000.00), for a new total Contract Sum not -to-exceed Fifty -Eight Thousand Five Hundred Dollars and Zero Cents ($58,500.00).”

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

3. Affirmation of Agreement; Warranty R e Absence of Defaults. City and Consultant each ratify and reaffirm each and every on e of the respective rights and obligations arising under the Agreement. Each party represents and warrants to the other that there have been no written or oral modifications to the Agreement other than as provided herein. Each party 49 01225.0001/863605.1
represents and warrants to the other that the Agreement is currently an effective, valid, and binding obligation.

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

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

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

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

[SIGNATURES ON FOLLOWING PAGE]

50 01225.0001/863605.1
IN WITNESS WHEREOF, the parties hereto have executed this Amendment on the date and year first-above written.

CITY:

CITY OF CHINO, a municipal corporation

Linda Reich, City Manager
ATTEST:

Natalie Gonzaga, City Clerk

APPROVED AS TO FORM: APPROVED AS TO CONTENT:

ALESHIRE & WYNDER, LLP
_____________________________ ___________________________________ Fred Galante, City Attorney Silvia Avalos, Director of Community Services, Parks & Recreation

CONSULTANT:

RTS 85 Inc.

By:

Name: Robert Swartwood
Title: President

Address: 13174 Orange Court
Chino, CA 91710

Attachment:

Exhibit “1,” Scope of Work, dated October 9, 2023, consisting of two (2) pages. 51 EXHIBIT“1" October9,2023
ScopeofWork
RTS85INC/DbaTheFerrisWheelRentalswillprovide(O6)rides:FerrisWheel,GiantSlide, RoundUp,SpintheBears,Clatterpillar,Tornado,and(02)Generators.

RT585INC.provides:Delivery,staff(Set-up,event& breakdown),generators,fireextinguishers asneeded,ridepermits,fencing/gates,rideoperators,powerwiresasneeded,wirecoversas needed,removalofrides
CityProvides:Staffsellingwristbandsandwristbands
Event:ChinoYouthChristmasParadeandFair
EventDate:December9,2023
EventTime:9:00a.m.-2:00p.m.

DropOffDate:12/8/23
DropOff:After6p.m.

SetUpDate:12/8/23p.m.-12/9/23a.m.

SetUpCompleteby:8:00a.m.on12/9
BreakDownDate:12/9/23
BreakDownTime:Ridesmustberemovedby4:30p.m.

Location:ChinoCivicCenter
TotalCost:$27,000.00
RTS85INC.requirements:Ridestobecleanandfreeofdebrisordirt,mustbereadyfor inspectionby8:00a.m.Mustacceptwristbandsuntil2:00p.m.andlastridermustbeoffby 2:00p.m.

Page1of2
52 WWW/055’ y/Jfmmm3/95? wage/w
RTS85INC.03ATHEFERRISWHEELRENTALS
BobSwartwood
13174OrangeCtChino,Ca91710
[email protected]
Cell(951)212—6560

QUOTEAGREEMENT
Customer: ChinoChristmasParade
Contact: CristinaAguirre
Event 12/9/2023
Hours 9amto2pm
Setupequipmenton12/8/2023at6pm
Location ChinoCityHail
13220CentralAve
ChinoCa91710
1 FERRISWHEEL 50'X30'
1 GIANTSLIDE 110'X20‘
1 TORNADO 50'DIAMETER
l ROUNDUP 45'DIAMETER
1 SPINTHEBEARS 35'DIAMETER
1 CLATI'ERPILLAR 45'X50'TRIANGLE
2 GENERATORS
RIDES>>>>>>>>>>>>>>>$25,000.00
GENERATORS>>>>>>>>>$2,000.00
TOTAL>>>>>>>>>>>>>>$27,000.00

PAYMENTDUEUPONSETUP
PayabletoRTS85INC
EIN:87-3694894
RTS85INC Date Customer Dat
Page2of2
53 MEMORANDUM

CITY OF CHINO

COMMUNITY SERVICES, PARKS & RECREATION DEPARTMENT

CITY COUNCIL MEETING DATE: NOVEMBER 7, 2023

TO: LINDA REICH, CITY MANAGER
FROM: SILVIA AVALOS, DIRECTOR OF COMMUNITY SERVICES, PARKS &

RECREATION

SUBJECT
..titl e
Award of Contract – Police Department Gun Range Cleaning Services. ..end

RECOMMENDATION
Award a professional services contract with HCI Environmental & Engineering Service, Corona, CA for the Police Department Gun Range Cleaning Services, in the amount of $63,930 with two additional one-year options to renew and authorize the City Manager to execute all necessary documents on behalf of the City.

..body

FISCAL IMPACT
Sufficient funds are included in the Fiscal Year 2023-24 Building Management Operating Budget.

Revenue: Click or tap here to enter text.

Expenditure: 6508310-43580
Transfer In: Click or tap here to enter text. Transfer Out: Click or tap here to enter text. 54 CITY COUNCIL MEETING DATE: NOVEMBER 7, 2023
TITLE: AWARD OF CONTRACT - POLICE DEPARTMENT GUN RANGE CLEANING SERVICES.

PAGE: 2

BACKGROUND
The Fiscal Year 2023 -24 Building Management Budget provides funding for the Police Department gun range cleaning services. The scope of work includes bi -annual cleaning services for the Police Department’s gun range, including the range master office, armory room, corridor, weapon cleaning room, classroom, shooting station, and restrooms. All work to be performed includes wet wipe surface cleaning, vacuuming with a HEPA vacuum, and lead dust removal and disposal.

Additional work includes annual cleaning of the gun range exhaust system and mezzanine, including disposal of the pre-filters and HEPA filters, the short-range bullet trap, and a one -time cleaning service for the long-range bullet trap, which includes removal and disposal of the bullet fragments and lead dust. All aspects of the work to be performed will meet the current federal and state regulations for occupational exposure to lead and lead bearing compounds.

ISSUES/ANALYSIS
Staff elected to piggyback from a competitive Request for Proposal that was conducted by the City of Santa Ana on March 1, 2022, who selected HCI Environmental & Engineering Service as their provider for range cleaning services. Both the City of Santa Ana and HCI Environmental & Engineering Service are agreeable to HCI Environmental & Engineering Service extending the same pricing and terms to the City of Chino as a piggyback agreement. Staff completed an analysis of the City of Santa Ana/HCI Environmental & Engineering Service agreement and found it to be fair and reasonable. HCI Environmental & Engineering Service currently provides range cleaning services to the City of Anaheim and the City of Ontario.

Staff recommends that City Council award a contract to HCI Environmental & Engineering Service, Corona, CA for the Police Department Gun Range Cleaning Services for the current fiscal year in the amount of $63,930 with two additional one-year options, subject to City Council approval.

Attachment: HCI Environmental & Engineering Service - Agreement

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

01225.0001/458446.1 (Long Form)

AGREEMENT FOR SERVICES

BETWEEN THE CITY OF CHINO AND

HCI ENVIRONMENTAL & ENGINEERING SERVICE
THIS AGREEMENT FOR SERVICES (herein “Agreement”) is made and entered into this 7th day of November, 2023 (“Effective Date”) by and between the City of Chino, a California municipal corporation (“City”) and HCI Environmental & Engineering Service (“Consultant”). City and Consultant may be referred to individually as “Party” or collectively as “Parties.”

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

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

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

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

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

ARTICLE 1. SERVICES OF CONSULTANT

1.1 Scope of Services.

In compliance with all term s and condi tions of this Agreement, the Consultant shall provide those services specified in the “Scope of Services ” attached hereto as Exhibit “A” and incorporated herein by this reference, which may be referred to herein as the “services” or “work” hereunder. As a material inducement to the City entering into this Agreement, Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the services required under this Agreement in a thorough, c ompetent, a nd professional manner, and is experienced in performing the work and services contemplated herein. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herei n. Consultant covenants that it shall follow the highest professional standards in performing the work and services required hereunder 56 01225.0001/458446.1 2
and that all materials will be both of good quality as well as fit for the purpose intended. For purposes of this Agreeme nt, the phr ase “highest professional standards ” shall mean those standards of practice recognized by one or more first -class firms performing similar work under similar circumstances.

1.2 Consultant’s Proposal.

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

1.3 Compliance with Law.

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

1.4 California Labor Law.

If the Scope of Services includes any “public work” or “maintenance work,” as those terms are defined in California Labor Code section 1720 et seq. and California Cod e of Regulations, Title 8, Section 16000 et seq. , and if the total compensation is $1,000 or more, Consultant shall pay prevailing wages for such work and comply with the requirements in California Labor Code section 1770 et seq. and 1810 et seq ., and all other appli cable laws, including the following requirements:
(a) Public Work. The Parties acknowledge that some or all of the work to be performed under this Agreement is a “public work” as defined in Labor Code Section 1720 and that this Agreement is theref ore subject to the requirements of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works contracts and the rules and regulations established by the Department of Industrial Relations (“DIR”) implementing such statutes. The work performed under this Agreement is subject to compliance monitoring and enforcement by the DIR. Contractor shall post job site notices, as prescribed by regulation.
(b) Prevailing Wages . Contractor shall pay prevailing wages to the exte nt required by Labor Code Section 1771. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages are on file at City Hall and will be made available to any interested party on request. By initiating any work under this Agree ment, Contractor acknowledges receipt of a copy of the Department of Industrial Relations (DIR) determination of the prevailing rate of per diem wages, and Contractor shall post a copy of the same at each job site where work is performed under this Agreement.
(c) Penalty for Failure to Pay Prevailing Wages . Contractor shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the 57 01225.0001/458446.1 3
payment of prevailing rates of wages to workers and the penalties for failure to pa y prevailing wages. The Contractor shall, as a penalty to the City, forfeit two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which th e worker is employed for any public work done pursuant to this Agreement by Contractor or by any subcontractor. (d) Payroll Records . Contractor shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Contractor and each sub contractor to:
keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform the City of the location of the records. (e) Apprentices. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 , and 1777.7 and California Code of Regulations T itle 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Contractor shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Contractor shall provide City with a copy of the information submitt ed to any a pplicable apprenticeship program. Within sixty (60) days after concluding work pursuant to this Agreement, Contractor and each of its subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement. (f) Eight-Hour Work Day . Contractor acknowledges that eight (8) hours labor constitutes a legal day's work. Contractor shall comply with and be bound by Labor Code Section 1810.
(g) Penalties for Excess Hours . Contractor shall comply with a nd be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the City, forfeit twenty -five dollars ($25) for each worker employed in the performance of this Agreement by the Con tractor 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 Div ision 2, Pa rt 7, Chapter 1, Article 3 of the Labor Code.

Pursuant to Labor Code section 1815, work performed by employees of Contractor in excess of eight (8) hours per day, and forty (40) hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than one and one-half (1½) times the basic rate of pay.
(h) Workers’ Compensation. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure t he payment of compensation to its employees if it has employees. In accordance with the provisions of California Labor Code Section 1861, Contractor certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every e mployer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will 58 01225.0001/458446.1 4
comply with such provisions before commencing the performance of the work of this contract.”
Contractor’s Authorized Initials ________
(i) Contractor’s Responsibility for Subcontractors. For every subcontractor who will perform work under this Agreement, Contractor shall be responsible for such subcontractor's compliance with Division 2, Part 7, Chapt er 1 (comme ncing with Section 1720) of the California Labor Code, and shall make such compliance a requirement in any contract with any subcontractor for work under this Agreement. Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a review of the certified payroll records of the subcontractor on a periodic basis or upon becoming aware of the failure of the subcontractor to pay his or her work ers the specified prevailing rate of wages. Contractor shall diligently take corrective action to halt or rectify any such failure by any subcontractor.

1.5 Licenses, Permits, Fees and Assessments.

Consultant shall obtain at its sole cost and expen se such lic enses, permits and approvals as may be required by law for the performance of the services required by this Agreement.

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

1.6 Familiarity with Work.

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

1.7 Software and Computer Services.

If the Scope of Services includes the provision and/or installation of any software, computer system, or other computer technology, Consultant represents and warrants that it has inspected the City’s current infrastructure, equipment, computer system and software and that the software, computer system, or other computer technology provided and/or installed by Consultant under this Agreement is compatible, and shall be fully functional, with such 59 01225.0001/458446.1 5
infrastructure, equipment, computer system a nd 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.

1.8 Care of Work.

The Consultant shall adopt reasonable methods during the life of t he Agreemen t to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City’s own negligence.

1.9 Further Responsibilities of Parties.

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

1.10 Additional Services.

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

1.11 Special Requirements.

Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements ” attached hereto as Exhibit “B” and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit “B” and any other provisions of this Agreement, the provisions of Exhibit “B” shall govern. 60 01225.0001/458446.1 6
ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.

2.1 Contract Sum.

Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the “Schedule of Compensation ” attached hereto as Exhibit “C” and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed Sixty-Three Thousand Nine Hundred Thirty Dollars and No Cents ($63,930.00) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.10.

2.2 Method of Compensation.

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

2.3 Reimbursable Expenses.

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

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

2.4 Invoices.

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

All invoices shall be submitted by email to [email protected]. Each invoice is to include:
(a) Line items for all personnel describing the work performed, the number of hours worked, and the hourly rate.
(b) Line items for all materials and equipment properly charged to the Services.
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(c) Line items for al l oth er approved reimbursable expenses claimed, with supporting documentation.
(d) Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services. (e) If this Agreement requires prevailing wages , per Section 1.4 of the Agreement, all invoices shall include a copy of Consultant’s Certified Payroll and proof that Certified Payroll has been submitted to the DIR.

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

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

2.5 Waiver.

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

2.6 Contingency of Funds.

Consultant acknowledges that funding or portions of funding for this Agreement may be contingent upon Stat e 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 Agreeme nt. If such approval, funding or appropriations are not forthcoming, or are otherwise limited, City may immediately terminate or modify this Agreement without penalty.

ARTICLE 3. PERFORMANCE SCHEDULE

3.1 Time of Essence.

Time is of the essence in the performance of this Agreement. 62 01225.0001/458446.1 8

3.2 Schedule of Performance.

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

3.3 Force Majeure.

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

3.4 Term.

Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services , which shall be no later than June 30, 2024, except as otherwise provi ded in the Schedule of Performance ( Exhibit “D”).

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

ARTICLE 4. COORDINATION OF WORK

4.1 Representatives and Personnel of Consultant.

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

(Name) (Title)

63 01225.0001/458446.1 9

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

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

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

4.2 Status of Consultant.

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

4.3 Project Manager.

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

4.4 Independent Consultant.

Neither the City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its age nts o r employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Consultant’s employees, servants, representatives or agents, or in fixing 64 01225.0001/458446.1 10
their number, compensation or hours of service. Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with th at ro le. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Consultant in its business o r otherwise or a joint venturer or a member of any joint enterprise with Consultant.

4.5 Prohibition Against Subcontracting or Assignment.

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

ARTICLE 5. INSURANCE AND INDEMNIFICATION

5.1 Insurance Coverages.

Without limiting Consultant’s indemnification of City, and prior to commencement of any services under this Agreement, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City.
(a) General liability insurance . Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 0 0 01, in an amount not less than $ 1,000,000 per occurrence, $ 2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
(b) Automobile liability insurance . Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activi ties of the Consultant arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non - owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
65 01225.0001/458446.1 11
(c) Professional liability (errors & omissions) insurance . Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the agg regate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement. (d) Workers’ compensation insurance . Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).
(e) Subcontractors. Consultant shall i nclude all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein.
(f) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”.

5.2 General Insurance Requirements.
(a) Proof of insurance . Consultant shall provide certificates of insurance to City as evidence of the insurance coverage re quired herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
(b) Duration of coverage . Consultant shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Consultant, its agents, representatives, employees or subconsultants. (c) Primary/noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combina tion of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non - contributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.
(d) City’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replac ed, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. 66 01225.0001/458446.1 12
(e) Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or that is on the List of Approved Surplus Line Ins urers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.
(f) Waiver of subrogation . All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specificall y all ow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(g) Enforcement of contract p rovisions (non -estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non -compliance with a ny re quirement imposes no additional obligations on the City nor does it waive any rights hereunder.
(h) Requirements not limiting . Requirements of specific coverage features or limits contained in this section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consul tant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. (i) Notice of cancellation . Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
(j) Additional insured status . General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
(k) Prohibition of undisclosed coverage lim itations. 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 67 01225.0001/458446.1 13
against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (m) Pass through clause . Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultan t, pr ovide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of t his section. Consultant agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review. (n) Agency’s right to revise specifications . The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City an d 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 res ult from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(q) Additional insurance . Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.

5.3 Indemnification.

To the full extent permitted by law, Consultant agrees to indemnify , defend and hold harmless the City, its officers, em ployees and agents ( “Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operatio ns or activities provided herein of Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Consultant is legally liable (“indemnitors”), or arising from Consultant’s or indemnitors’ reckless or willf ul mi sconduct, or arising from Consultant’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith:
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(a) Consultant will defend any action or actions filed in conn ection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys’ fees incurred in connection therewith;
(b) Consultant will promptly pay any judgment rendered against the City, its officers, agents or empl oyees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Consultant hereunder; and Consultant agrees to save and hold the City, its officers, age nts, and employees harmless therefrom;
(c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Consultant for such damages or other claims arising out of or in connection with the neg ligent performance of or failure to perform the work, operation or activities of Consultant hereunder, Consultant agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys ’ fees.

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

ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION

6.1 Records.

Consultant shall keep, and require subcontractors to keep, such ledgers , books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (the “books and records ”), as shall be necessar y to perform the services required by this Agreement and enable the Project Manager to evaluate the performance of such services. Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be comple te and detailed. The Project Manager shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. In the event of dissolution of Consultant’s business, custody of the books and records may be given to City, and access shall be provided by Consultant’s successor in interest. Notwithstanding the above, the Consultant shall fully 69 01225.0001/458446.1 15
cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act.

6.2 Reports.

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

6.3 Ownership of Documents.

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

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

6.4 Confidentiality and Release of Information.
(a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Project Manager.
(b) Consultant, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Project Manager or unless requested by the City 70 01225.0001/458446.1 16
Attorney, voluntarily provide documents, declarations, letters of suppo rt, t estimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives City notice of such court order or subpoena. (c) If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct. (d) Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admiss ions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION

7.1 California Law.

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

7.2 Disputes; Default.

In the event that Consultant is in default under the terms of this Agreement, the City sh all not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Consultant is in default, the City shall hold all invoices and sh all, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under this Article. Any failure on the part of the City to give notice of the Consultant’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement. 71 01225.0001/458446.1 17

7.3 Retention of Funds.

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

7.4 Waiver.

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

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

7.5 Rights and Remedies are Cumulative.

Except with respect to rights and remedies expressly declared to be exclusiv e in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.

7.6 Legal Action.

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

7.7 Liquidated Damages.

Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficu lt or impractical to determine in the event of a breach of 72 01225.0001/458446.1 18
this Agreement, the Contractor and its sureties shall be liable for and shall pay to the City the sum of Zero Dollars ($0.00) as liquidated damages for each working d ay of delay in the performance of any service required hereunder. The City may withhold from any monies payable on account of services performed by the Contractor any accrued liquidated damages.

7.8 Termination Prior to Expiration of Term.

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

7.9 Termination for Default of Consultant.

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

7.10 Attorneys’ Fees.

If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in add ition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney ’s fees. Attorney’s fees shall include attorney ’s fees on any appeal, and in addition a party entitled to attorney ’s fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment.
73 01225.0001/458446.1 19
ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

8.1 Non-liability of City Officers and Employees.

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

8.2 Conflict of Interest.

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

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

8.3 Covenant Against Discrimination.

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

8.4 Unauthorized Aliens.

Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C. § 1101 et seq. , as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Consultant hereby agrees to and shall reimburse City for the cost of all such 74 01225.0001/458446.1 20
liabilities or sanctions imposed, together with any and all costs, including attorneys ’ fees, incurred by City.

ARTICLE 9. MISCELLANEOUS PROVISIONS

9.1 Notices.

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

9.2 Interpretation.

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

9.3 Counterparts.

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

9.4 Integration; Amendment.

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

9.5 Severability.

In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be de clared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent 75 01225.0001/458446.1 21
of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.

9.6 Warranty & Representation of Non-Collusion.

No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in whic h (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of “financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5 . Consultant 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, consid eration, or other thing of value as a result or consequence of obtaining or being awarded any agreement.

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

Consultant’s Authorized Initials _______

9.7 Corporate Authority.

The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agre ement, such party is formally bound to the provisions of this Agreement, and (iv) th at entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE]
76 01225.0001/458446.1 22
IN WITNESS WHEREOF , the parties hereto have executed this Agreement on the date and year first-above written.

CITY:

CITY OF CHINO, a municipal corporation

Linda Reich, City Manager
ATTEST:

Natalie Gonzaga, City Clerk
APPROVED AS TO FORM: APPROVED AS TO CONTENT:

ALESHIRE & WYNDER, LLP
_____________________________ _____________________________ Fred Galante, City Attorney Silvia Avalos , Director of Community Se rvices, Parks & Recreation

CONSULTANT:

HCI ENVIRONMENTAL & ENGINEERING

SERVICE
By:

Name:

Title:

By:

Name:

Title:

Address:

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

SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE

INCLUDED AS MAY BE RE QUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY. 77 01225.0001/458446.1 A-1
EXHIBIT “A”

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

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

78 October 3, 2023
Jizelle Sandoval
City of Chino Police Department
5450 Guardian Way
Chino, CA 91740
909.519.5578 Office
[email protected]
Re: Proposal dated, October 3, 2023
“... Annual Firing Range Maintenance.”
Located at: 13220 Central Avenue, Chino, CA 91710.

HCI Environmental & Engineering Service Project No: HCI-100323-CC Dear Jizelle,
Thank you for considering HCI Environmental & Engineering Service (HCI) for your waste management needs. We are pleased to provide you with the following pricing.

In addition to providing waste management, HCI offers a broad range of environmental services including:
• Waste Transportation & Disposal • Firing Range Cleaning & Maintenance • Laboratory Chemical Packaging • Bio-hazard & Drug Related Decontamination • 24/7/365 Chemical Emergency Spill & Disaster
Response
• Environmental Construction (i.e. Demo,
Decontamination and Soil Excavation)
We look forward to continuing to service your environmental needs. To place an order, please contact our customer service group at 800.988.4424 or [email protected]. If you have any questions or need further assistance, you may reach us at the number below.

Sincerely,
HCI Environmental & Engineering Service
Cathie Curtis
Waste Management Division
951.532.6458
EXHIBIT “A-1”
01225.0001/458446.1 A-2
79 10/3/23
Project No: 100323-HCI
City of Chino - Firing Range
5450 Guardian Way
Chino, CA 91740
909.519.5578 Office
[email protected]
Payment Terms:

Net 30
Cash discount included. 3% will be added back to invoice for credit card payments.

Total
Description QuanityUnit of Measure Cost Total
SCOPE OF WORK:
-HCI Environmental to wipe down of Lead contaminated dust, handling of Lead contaminated dust which is encountered during the cleanup activities of all Lead contaminated dust.

HCI Environmental shall supply all labor, materials,
equipment, services, insurance and incidentals which are necessary or required to perform the work. The work shall be performed in accordance with applicable governmental
regulations and lead safety procedures. HCI Environmental to wet wipe and vacuum with a HEPA vacuum lead dust from all surfaces.
-HCI Environmental to remove and dispose of (18) 24x24x2 sized air filters and three (3) 12x24x2 pleated pre filters per these specifications from the Gun Range Exhaust System
annually.

CAVEATS AND EXEMPTIONS:
-Section A consists of the following areas; Gun Range
Backstop and Catch Basin, Gun Range 25 Yard Side, Gun
Range 50 Yard Side, Armory Room (213), Weapon Cleaning
Area & Hallway Corridor (211), Exterior Surfaces on Duct Work Ventilation System within the Gun Range and Work
Area, Restroom (2)
-Section B consists of the following areas; Ammo Storage Room (220), 25 Yard Bullet Trap, 50 Yard Bullet Trap, Gun Range HVAC Exhaust System, Range Managers Office (212)

Page 1 ends

80 10/3/23
Project No: 100323-HCI
City of Chino - Firing Range
5450 Guardian Way
Chino, CA 91740
909.519.5578 Office
[email protected]
Payment Terms:

Net 30
Cash discount included. 3% will be added back to invoice for credit card payments.

Total
Description QuanityUnit of Measure Cost Total
FIRING RANGE MAINTENANCE 2023-2024
Bi-Annual Range Decontamination & Filter Change -
December 2023 - Sections A & B
1 16,405.00 16,405.00
Bi-Annual Range Decontamination - June 2024 - Section A 1 5,510.00 5,510.00 Annual Berm Mining & Cleaning 1 42,015.00 42,015.00
FIRING RANGE MAINTENANCE 2024-2025
Bi-Annual Range Decontamination & Filter Change -
December 2024 - Sections A & B
1 16,920.00 16,920.00
Bi-Annual Range Decontamination - June 2025 - Section A 1 5,690.00 5,690.00 Annual Berm Mining & Cleaning 1 43,720.00 43,720.00
FIRING RANGE MAINTENANCE 2025-2026
Bi-Annual Range Decontamination & Filter Change -
December 2025 - Sections A & B
1 17,455.00 17,455.00
Bi-Annual Range Decontamination - June 2026 - Section A 1 5,875.00 5,875.00 Annual Berm Mining & Cleaning 1 45,135.00 45,135.00

Page 2 ends

$198,725.00
81 City of Chino Police Department

ACCEPTANCE OF CONDITIONS & AUTHORIZATION TO PROCEED
Your signature below indicates your acceptance of the pricing and terms detailed in the quote above.

Thank you for the opportunity to be of service.
_________________________________________________________________________________ Signature PO# Date
_________________________________________________________________________________ Printed Name and Title 24/hr. Emergency Response Number _________________________________________________________________________________ Firm Name Site Address
Payment Terms: Net 30 / VISA, MC, Am/Ex, or Check.

Cash discount included. 3% will be added back to the invoice for credit card payments.

HCI Environmental & Engineering Service Project No: HCI-100323-CC

GENERAL CONDITIONS
• Materials subject to additional charges if they do not conform to the listed specifications; • This quote is an estimate only. Pricing is based on information provided by client. HCI has not performed a site inspection. If scope of work varies from information provided by the client or responsible party the quote amount will be adjusted accordingly.
• Pickups that require same day or next day services may be subject to additional charges; • Pickups cancelled within 72 hours of scheduling will be subject to cancellation charges; • Time over eight (8) hours in the normal workday and all day Saturday is considered overtime and will be billed at

1.5 times the applicable straight time rate for all billable personnel unless otherwise quoted. Sunday and Holiday are considered premium time and will be billed at 2.0 times applicable straight time rate for all billable personnel unless otherwise noted;
• All labor and transportation charges are an estimate and will be billed portal to portal. In the event the material is not packaged correctly and/or the client is not prepared for the scheduled pick-up, therefore requiring HCI to “standby” at the client’s site, hours will be billed accordingly. If obstacles such as stairs, elevators or parking structures are involved in loading container into waste transport vehicles, labor charges will be applied at the discretion of HCI;
• Final invoicing will be based upon the unit rates for those items used in performance of the service and materials shipped for disposal. In the event the unit price of an item required for proper performance of service is not listed in this quotation, the item will be invoiced at list price; • This quote is valid for 15 days;
• In the event that legal or other action is required to collect unpaid invoice balances, customer agrees to pay all cost of collection, including reasonable attorneys’ fees and costs associated; and • Past due invoices are subject to an 18% per year or 1.5% per month interest rate. 82 Lead Dust Clean Up
• HCI Environmental to provide lead certified workers, and equipment to provide quarterly cleaning of ranges.
• Chino Police Department personnel will lockout/tag out HVAC firing range units before work commences.
• Post lead warning signage and set up containment area with 6 mil poly plastic and seal all critical barriers.
• HEPA vacuum and apply wet cleaning agents to remove lead dust & bulk debris from the following areas:
• Annual cleaning to include the following areas:
• Gun Range backstop & catch basin, Gin Range 25-yard side, Gun Range 50- yard side, Armory Room (213), Weapon cleaning area & hallway Corridor (211) Exterior Surfaces on duct work ventilation system within the gun range & work area, (2) restrooms, Ammo storage room (220), 25-yard bullet trap, 50 yard bullet trap, Gun Range HVAC exhaust system, Range Masters office • Bi-Annual cleaning to include the following areas:
• Gun Range backstop & catch basin, Gin Range 25 yard side, Gun Range 50 yard side, Armory Room (213), Weapon cleaning area & hallway Corridor (211) Exterior Surfaces on duct work ventilation system within the gun range & work area, (2) restrooms. • Manifest, label, profile, transport, dispose and containerize lead contaminated water and debris in UN approved containers for transportation/disposal.
• We estimate the scope of work to be completed in 1 working day with 2 techs. • Labor for this project will be based on prevailing wages. • All lead remediation will be handled according to local, state and federal regulation • Hazardous Waste transportation and disposal to include the following:
4-55g open top drums of lead contaminated debris/water. 83 • HCI Environmental to provide lead certified workers, and equipment. • Chino Police Department, personnel will lockout/tag out HVAC firing range units before work commences. .
• Post lead warning signage and set up containment area with 6 mil poly plastic and seal all critical barriers .
• Remove lead contaminated filters in firing range ventilation system units and seal in 6 mil poly bags.
• Manifest, label, profile, transport and dispose and containerize 6 mil poly bags in UN approved Tri Wall boxes for transportation/disposal.
• Install new Pre and Post filters provided by the Chino Police Department in firing rage ventilation system units as required.
• We estimate the scope of work to be completed in 1 working day with 2 techs. • Labor for this project will be based on prevailing wages. • All lead remediation will be handled according to local, state and federal regulation • Hazardous Waste transportation and disposal to include the following:
4-Super Sacks of hazardous waste-filters, debris, ppe and 2-Super sacks of non hazardous-NO LEAD fresh air filters
Ventilation System Filter Change & Disposal
84 01225.0001/458446.1 B-1
EXHIBIT “B”

SPECIAL REQUIREMENTS

(INTENTIONALLY LEFT BLANK)
85 01225.0001/458446.1 C-1
EXHIBIT “C”

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

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

III. The total compensation for the Services shall not exceed the Contract Sum, as provided in Section 2.1 of this Agreement.
86 01225.0001/458446.1 D-1
EXHIBIT “D”

SCHEDULE OF PERFORMANCE
I. Consultant shall perform all Services timely in accordance with the following schedule:

DAYS TO PERFORM DEADLINE DATE
A. Task A – Preventative
Maintenance Services
One-Week June 30, 2024

II. The Project Manager may approve extensions for performa nce o f the s ervices in accordance with Section 3.2.
87 MEMORANDUM

CITY OF CHINO

HUMAN RESOURCES DEPARTMENT

CITY COUNCIL MEETING DATE: NOVEMBER 7, 2023

TO: LINDA REICH, CITY MANAGER
FROM: GERIANN KINGSLAN, DIRECTOR OF HUMAN RESOURCES/RISK

MANAGEMENT

SUBJECT
..titl e
Vendor Cap Increase - GovernmentJobs.com dba NeoGov.

..end

RECOMMENDATION
Authorize a total vendor cap in the amount of $59,000 and authorize the City Manager to execute all necessary documents on behalf of the City.
..body

FISCAL IMPACT
Sufficient funds exist in the Fiscal Year 2023-24 Operating Budget.

CITY OF CHINO MISSION/VISION/VALUES/STRATEGIC ISSUES
The recommendation above furthers the City’s Values and Strategic Issues that serve as key pillars on which identified priorities, goals, and action plans are built by fostering:
 Positive City Image
 Superior Customer Service
 Responsible Long-Range Planning
 Public Service Excellence through Internal and External Partnerships  Effective Technology

88 CITY COUNCIL MEETING DATE: NOVEMBER 7, 2023
TITLE: VENDOR CAP INCREASE - GOVERNMENTJOBS.COM DBA NEOGOV.

PAGE: 2

Revenue: Click or tap here to enter text.

Expenditure: 6102050-43070
Transfer In: Click or tap here to enter text. Transfer Out: Click or tap here to enter text. 89 CITY COUNCIL MEETING DATE: NOVEMBER 7, 2023
TITLE: VENDOR CAP INCREASE - GOVERNMENTJOBS.COM DBA NEOGOV.

PAGE: 3

BACKGROUND
The NeoGov software suite is a web -based product tailored to the public sector; it automates the City’s hiring process from requisition to hire. The Human Resources/Risk Management Department renews a license subscription with GovernmenJobs.com, dba NeoGov, each year .

The subscription allows NoeGov to continue to host the City’s online recruiting and applicant tracking system and provides the City with the necessary support to the City’s recruitment processes. The City currently subscribes to NeoGov software for recruiting , which includes advertising open recruitments, tracking and screening all applications received for minimum qualifications, messaging potential applicants, online pre-interviews of potential candidates, and onboarding new employees. The City has most recently added a compatible module that will further automate the employee job performance evaluation process.

ISSUES/ANALYSIS
Attraction and retention of employees is an ongoing challenge for the City as agencies compete for top-quality candidates. Employers can easily spend thousands of dollars training new ly hired employees, particularly in specialized job classifications. The City of Chino prides itself on the longevity of its workforce and recognizes and rewards employees with ten or more years of service.

When employees feel that their contribution to the organization is acknowledged and valued, they are more likely to want to remain with the same employer . The practice in which the City recognizes employees on a consistent basis, is through the employee job performance evaluation process.

Currently, employee job performance evaluations are tracked and completed by han d. The process is tedious and time -consuming. Last year, staff attended a conference where the NeoGov Employee Performance Evaluation module was demonstrated . As the City already contracted with NeoGov for recruitment and onboarding and remained pleased with its ability to meet our needs, it was a logical move to add the module for employee performance evaluations to our current subscription. The cost, however, now exceeds the City Manager’s authorization for this vendor. Therefore, staff is requesting authorization to pay for this module.

When time is limited and competing priorities are vying for all available working time, the task of preparing job performance evaluations is often delayed. However, the process of providing feedback to employees on a regular and consistent basis is exceptionally important. This module will provide all supervisors with effective technology, allowing the vital task of evaluating employee performance to become more timely, allowing for a quicker workflow from rater to rater, and providing a far more automated process. The addition of this module will also assist in achieving the strategic goals of contributing to a positive City image, providing superior customer service, allowing for long -range planning , and creating public service excellence through internal and external partnerships.

Therefore, staff is requesting that the City Council approve a vendor cap increase for GovernmentJobs.com, dba NeoGov , for a total vendor cap in the amount of $59,000 . City Council authorization is required as the vendor cap will exceed $50,000.

90 MEMORANDUM

CITY OF CHINO

HUMAN RESOURCES DEPARTMENT

CITY COUNCIL MEETING DATE: NOVEMBER 7, 2023

TO: LINDA REICH, CITY MANAGER
FROM: GERIANN KINGSLAN, DIRECTOR OF HUMAN RESOURCES/RISK

MANAGEMENT

SUBJECT
..titl e
Amendment to the Salary Range of Corporal.

..end

RECOMMENDATION
Adopt Resolution No. 2023-068 approving an amendment to Resolution 2023 -061 in the Salary Range for Step D and Step E of Corporal.
..body

FISCAL IMPACT
None.

Revenue: Click or tap here to enter text.

Expenditure:

Transfer In: Click or tap here to enter text. Transfer Out: Click or tap here to enter text. 91 CITY COUNCIL MEETING DATE: NOVEMBER 7, 2023
TITLE: AMENDMENT TO THE SALARY RANGE OF CORPORAL.

PAGE: 2

BACKGROUND
At the City Council meeting held on October 3, 2023, Resolution 2023 -061 was adopted, which updated, among other positions, the Salary Range for Corporal.

ISSUES/ANALYSIS
Resolution 2023 -061 contained two typographical errors (Step D and Step E) in the compensation listed for Corporal.

The correct compensation is listed here:

Step D Step E
Corporal $9,585 $10,063

The attached Resolution amends the previously adopted Resolution 2023-061.

City Council is requested to adopt Resolution No. 2023-068 amending the salary for Corporal as noted herein.

Attachment:

Resolution No. 2023-068

92 fa
RESOLUTION NO. 2023-068

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

CHINO, CALIFORNIA, AMENDING CERTAIN PORTIONS OF
RESOLUTION 2023 -061 PERTAINING TO SALARY FOR
CORPORAL FOR THE PAY PERIOD INCLUDING JULY 1, 2023

AND THE CORRECTION OF A TYPOGRAPHICAL ERROR

WHEREAS, the City Council of the City of Chino established compensation classifications represented by the Chino Police Management Association, Chino Police Officers Association and Unrepresented Sworn Management; and

WHEREAS, California Code of Regulations, Title 2, Section 570.5 requires governing bodies of local agencies contracting wit h CalPERS to approve and adopt publicly available pay schedules in accordance with public meeting laws; and

WHEREAS, California Section 36506 of the California Government Code requires that the City Council fix the compensation of all appointive officers and employees by resolution or ordinance; and

WHEREAS, the City Council of the City of Chino has historically adopted resolution s to establish salaries, benefits, and terms and conditions of employment for City employees , including, but not limited to , Resolution Nos. 85-52 and 85-54, and subsequent resolutions to establish changes to salaries, benefits, and terms and conditions of employment for City employees as well as resolutions adopting memoranda of understanding with represented employees; and

WHEREAS, the City Council of the City of Chino previously adopted the Salary Range for Corporal at the regularly scheduled council meeting held on October 3, 2023; and

WHEREAS, the City Council of the City of Chino has determined that an amendment be made to Resolution No. 2023-061, which established salary schedules to reflect a cost of living increase; and

WHEREAS, the City Council of the City of Chino authorizes an amendment be made to Resolution No. 2023-061 to correct a typographical error on the salary schedule Step D and Step E for the position of Corporal; and

NOW, THEREFORE BE IT RESOLVED the City Council of the City of Chino does hereby adopt the revised salary schedule for Corporal below effective with the pay period which includes July 1, 2023. All provisions apply only to those individuals who are employed by the City of Chino on the day following adoption of this Resolution.

SECTION 1. The following correction of typographical error is hereby adopted and supersedes and replaces any similar or related provisions in any City resolutions:

SALARY RANGES EFFECTIVE 7/1/2023 FOR AFFECTED POSITION CLASSIFICATION.

93 RESOLUTION NO. 2023-068
PAGE 2

Non-Management Classification (monthly salary amounts) ___ Step D Step E
Corporal $9,585 $10,063

APPROVED AND ADOPTED THIS 7th day of November, 2023.

________________________________
EUNICE M. ULLOA, MAYOR

ATTEST:

______________________________________

NATALIE GONZAGA, CITY CLERK

State of California )
94 RESOLUTION NO. 2023-068
PAGE 3

County of San Bernardino )ss.

City of Chino )

I, Natalie Gonzaga, Acting 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 7th day of November 2023, by the following votes:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

______________________________________

NATALIE GONZAGA, CITY CLERK

95 MEMORANDUM

CITY OF CHINO

PUBLIC WORKS DEPARTMENT

CITY COUNCIL MEETING DATE: NOVEMBER 7, 2023

TO: LINDA REICH, CITY MANAGER
FROM: HYE JIN LEE, DIRECTOR OF PUBLIC WORKS

SUBJECT
..titl e
Measure I 5-Year Capital Improvement Plan and Expenditure Strategy ..end

RECOMMENDATION
Adopt Resolution No. 2023 -067, approving the Measure I Local Street Pass -Through Funds Five-Year Capital Improvement Plan and Expenditure Strategy for Fiscal Year 2023 -2024 through Fiscal Year 2027-2028.
..body

FISCAL IMPACT
Adoption of the Measure I Local Street Pass -Through Funds Five -Year Capital Improvement Plan and Expenditure Strategy is required to receive and expend Measure I funds. Measure I expenditures are included in the FY 2023-24 Adopted Budget.

Revenue: Click or tap here to enter text.

Expenditure:

Transfer In: Click or tap here to enter text. Transfer Out: Click or tap here to enter text. 96 CITY COUNCIL MEETING DATE: NOVEMBER 7, 2023
TITLE: MEASURE I 5 -YEAR CAPITAL IMPROVEMENT PLAN AND EXPENDITURE

STRATEGY
PAGE: 2

BACKGROUND
In November 1989 , County voters approved Measure I, supporting a half -cent sales tax in the incorporated and unincorporated areas of the County for the 20 -year period between April 1, 1990, and March 31, 2010. Early in the second decade of Measure I, it became apparent tha t continuation of the half -cent sales tax would be critical to maintaining funding for transportation projects in San Bernardino County. Ultimately , the voters of San Bernardino County approved the San Bernardino County Transportation Authority Ordinance 0 4-01 on November 4, 2004, extending the half-cent sales tax for 30 years to March 31, 2040.

ISSUES/ANALYSIS
The Measure I Strategic Plan requires governing bodies receiving Measure I revenue from the Local Street Program to adopt a Five -Year Capital Improvement Plan (CIP) annually. This plan is intended to effectively outline the specific projects upon which Measure I local pass -through funds will be expended. Moreover, the Measure I Five -Year Capital Improvement Program includes a five-year period from Fiscal Year 2023-2024 through Fiscal Year 2027-2028.

The City is obligated to annually adopt by resolution a Five -Year CIP plan and expenditure strategy. Specifically, the CIP acknowledges that the City will maintain the general fund expenditures within the said fiscal year at the required Maintenance of Effort (MOE) base year level for construction and maintenance projects related to transportation. Ther efore, the City of Chino must spend at least $3,206,701 from its General Fund until the year 2040 to receive its share of the Measure I funds.

In addition, agencies shall also adopt an Expenditure Strategy statement detailing the City’s approach to spending the funds and must be included with the Five -Year Capital Improvement Plan.

The projects included in the Measure I Local Street Pass -Through Funds Five -Year Capital Improvement Plan do not reflect the City’s entire Capital Improvement Program. Rather the plan consists of projects that receive partial or full funding from Measure I Local Pass -Through funds and adhere to the Expenditure Strategy statement.

Attachments – Resolution 2023-067
Measure I 5 -Year Capital Improvement Plan and Expenditure Strategy (FY24- FY28)

97 RESOLUTION NO. 2023-067

A RESOLUTION OF THE CHINO CITY COUNCIL ADOPTING

THE MEASURE I FIVE YEAR CAPITAL IMPROVEMENT PLAN
AND EXPENDITURE STRATEGY FOR FISCAL YEAR 2023-2024
THROUGH FISCAL YEAR 2027-2028.

WHEREAS, San Bernardino County voters approved passage of Measure I in November 2004, authorizing San Bernardino C ounty Transportation Authority, to impose a one -half of one percent retail transactions and use tax applicable in the incorporated and unincorporated territory of the County of San Bernardino; and

WHEREAS, revenue from the tax can be used only for transportation improvement and traffic management programs authorized in the Expenditure Plans set forth in Ordinance 04-01 of the Authority; and

WHEREAS, the Strategic Plan requires that each local jurisdiction applying for revenue from the Local Street Program to annually adopt and update a Five -Year Capital Improvement Plan; and

WHEREAS, California Public Utilities Code 190300 and Ordinance No. 04-01 require each local jurisdiction to maintain General Fund expenditures for transportation -related construction and maintenance activities at the required Maintenance of Effort base year level in each fiscal year of the adopted Five -Year Capital Improvement Plan, which for the City of Chino is $3,206,701; and

WHEREAS, Expenditure plans of the Ordinance require each local jurisdiction receiving revenue from the Local Streets Program to expend those funds pursuant to a Five -Year Capital Improvement Plan adopted annually by resolution of the local jurisdiction; and

WHEREAS, SBCTA also requires that each local jurisdiction prepare an Expenditure Strategy.

NOW, THEREFORE, THE CHINO CITY COUNCIL, HEREBY RESOLVES AS FOLLOWS:

1. That the Measure I Five Year Capital Improvement Plan and expenditure Strategy Fiscal Year 2023 -2024 through Fiscal Year 2027 -2028, copies of which are attached to this Resolution, are hereby adopted.

2. That the City Clerk shall certify to the passage and adoption of this Resolution and thereupon and thereafter the same shall take effect and be in full force.

98 RESOLUTION NO.2023-067

Page 2 of 3 ends

APPROVED AND ADOPTED THIS 7th DAY OF NOVEMBER, 2023.

EUNICE ULLOA, MAYOR
ATTEST:

NATALIE GONZAGA, CITY CLERK

Attachments: Measure I Five Year Capital Improvement Plan and Expenditure Strategy Fiscal Year 2023-2023 through Fiscal Year 2027-2028.

99 RESOLUTION NO.2023-067

Page 3 of 3 ends

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

I, Natalie Gonzaga, City Clerk of the City of Chino, do hereby certify the foregoing Resolution was duly adopted by the Chino City Council at a regular meeting held on the 7th day of November 2023, by the following votes:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

NATALIE GONZAGA, CITY CLERK

100
Resolution Number:

Resolution Approval Date:

Contact Person/Title:

Phone:

Email:
6/30/23 Carryover Balance $2,453,733.00
FY2023/24 Est. Revenue FY2024/25 Est. Revenue FY2025/26 Est. Revenue FY2026/27 Est. Revenue FY2027/28 Est. Revenue Total Est. Rev. $2,430,358 $2,487,787 $2,560,428 $2,635,178 $2,712,100 $12,825,851 Projects:

C7053/TR131- Traffic Signal Modification at Riverside Drive and Ramona Avenue No No 0.0% 0.0% $331,758 $23,566 $0 $0 $0 $0 $23,566 C7061/TR152- Traffic Signal Modification at Telephone Avenue and Philadelphia Street Yes No 0.0% 0.0% $201,187 $201,187 $0 $0 $0 $0 $201,187 MS202- Accessibility Improvements Citywide No No 0.0% 0.0% $968,416 $537,576 $0 $0 $0 $0 $537,576 TR 220 Traffic Signal Modifications at San Antonio Avenue at Walnut Avenue, Philadelphia Street at Monte Vista Avenue Yes No 0.0% 0.0% $46,000 $46,000 $0 $0 $0 $0 $46,000 TR221 CCTV Camera Installation - Phase 3 No No 0.0% 0.0% $220,000 $220,000 $0 $0 $0 $0 $220,000 TRXXX TBD CCTV Camera Installation- Phase 4 No No 0.0% 0.0% $225,000 $0 $0 $225,000 $0 $0 $225,000 TR211 Traffic Signal Modifications- Riverside
Drive at Magnolia Avenue and Riverside Drive at
Mountain Avenue
No No 0.0% 0.0% $419,477 $263,331 $263,331
TR212 Traffic Signal Installation Monte Vista Ave
at Walnut Ave No No 0.0% 0.0% $317,605 $38,875 $0 $0 $0 $0 $38,875 TR214- Traffic Signal Upgrades- Philadelphia
Street at Town Square Avenue (Previous TR161) No No 0.0% 0.0% $176,986 $176,986 $0 $0 $0 $0 $176,986 ST182 - Bicycle, Pedestrian, & Transit Improvements No No 0.0% 0.0% $1,468,960 $74,621 $0 $0 $0 $0 $74,621 ST061 Pine Ave Connection SR71 No No 0.0% 0.0% $27,114,101 $350,000 $0 $0 $0 $0 $350,000 Maint. MS222 - Preserve/College Park Slurry Project No No 0.0% 0.0% $900,000 $352,735 $0 $0 $0 $0 $352,735 Maint. 7120-Traffic Control No No 0.0% 0.0% $316,000 $316,000 $0 $0 $0 $0 $316,000 Maint. 7140-Asphalt Maint No No 0.0% 0.0% $512,000 $512,000 $0 $0 $0 $0 $512,000 Maint. 7150-Concrete Maint No No 0.0% 0.0% $564,502 $564,502 $0 $0 $0 $0 $564,502 Reimb. R7221-East End Ave County Project No No 0.0% 0.0% $539,000 $539,000 $0 $0 $0 $0 $539,000 Reimb. R7231-Chino Hills Parkway Pavement Rehabilitation No No 0.0% 0.0% $1,000,000 $1,000,000 $0 $0 $0 $0 $1,000,000 MS232 Chino Spectrum Traffic Study No No 0.0% 0.0% $150,000 $150,000 $0 $0 $0 $0 $150,000 MS233 Citywide Telecommunication Plan No No 0.0% 0.0% $50,000 $50,000 $0 $0 $0 $0 $50,000 MS236 Traffic Signal Synchronization Plan No No 0.0% 0.0% $80,000 $80,000 $0 $0 $0 $0 $80,000 N7604 Coordinated Traffic Signal System No No 0.0% 0.0% $70,000 $70,000 $0 $0 $0 $0 $70,000 TR172 Traffic Signal Modification Ramona & Schaefer No No 0.0% 0.0% $687,730 $0 $0 $0 $0 $0 $0 ST222 - Kimball/El Prado/Central Traffic Improvements No No 0.0% 0.0% $180,827 $24,440 $0 $0 $0 $0 $24,440 ST241 - Local Street Rehab FY2024 No No 0.0% 0.0% $2,437,000 $500,000 $0 $0 $0 $0 $500,000 ST242 - College Park Roundabout Improvements No No 0.0% 0.0% $300,000 $102,000 $0 $0 $0 $0 $102,000 ST251 - Local Street Rehab FY2025 No No 0.0% 0.0% $3,100,000 $0 $1,500,000 $0 $0 $0 $1,500,000 No No 0.0% 0.0% $0 $0 $0 $0 $0 $0 $0

0.0% 0.0% $0 $0 $0 $0 $0 $0 $0

0.0% 0.0% $0 $0 $0 $0 $0 $0 $0
Is Project in
City's
Non-motorized
Transportation
Plan?
(Yes/No)
Does Project
have an ATP
Component?
(Yes/No)
Is the Project on the City's
Nexus Study List?
(Public/DIF Share %)
Estimated Total
Project Cost
[email protected]
Chino
Current
Estimate
Current
Estimate TotalCurrent
Estimate
Current
Estimate
Current
Estimate
Jurisdiction:
7-Nov-23
Eduardo Diaz / Associate Engineer
(909) 334 - 3534
Measure I Local Pass-through Program

FIVE YEAR CAPITAL IMPROVEMENT PLAN
Fiscal Years 2023/2024 thru 2027/2028

Page 1 of 2 ends

101
Resolution Number:

Resolution Approval Date:

Contact Person/Title:

Phone:

Email: [email protected]
Chino
Jurisdiction:
7-Nov-23
Eduardo Diaz / Associate Engineer
(909) 334 - 3534
Measure I Local Pass-through Program

FIVE YEAR CAPITAL IMPROVEMENT PLAN
Fiscal Years 2023/2024 thru 2027/2028

0.0% 0.0% $0 $0 $0 $0 $0 $0 $0

0.0% 0.0% $0 $0 $0 $0 $0 $0 $0
$6,192,819 $1,500,000 $225,000 $0 $0 $7,917,819
Total Programming is currently 52% Total Estimated Programming: $7,917,819 Projects Total:
(Must not exceed 150% of Carryover Balance +
Total Estimated Revenue)

Page 2 of 2 ends

102

MEMORANDUM

CITY OF CHINO

POLICE DEPARTMENT

CITY COUNCIL MEETING DATE: NOVEMBER 7, 2023

TO: LINDA REICH, CITY MANAGER
FROM: KEVIN MENSEN, CHIEF OF POLICE

SUBJECT
..titl e
2023 Citizens’ Option for Public Safety Grant Funds Appropriation. ..end

RECOMMENDATION
1) Accept and approve the additional funds of $122,502.02 received for the identified expenditure areas of the 2023 Citizens' Option for Public Safety (COPS) Program Grant; 2) appropriate an additional expenditure and revenue in the amount of $122,502.02 i n the State COPS Fund 130; and 3) authorize the City Manager to execute any necessary documents on behalf of the City.

..body

FISCAL IMPACT
Requires an additional appropriation of expenditures and revenues in the amount of $122,502.02 to the Fund 130 . The requested appropriation of $122,502.02 is fully offset by Grant Revenue and no local matching funds are required.

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

Revenue: 1304000-59500-G4236

Expenditure: 1304000-40010-G4236
Transfer In: Click or tap here to enter text. Transfer Out: Click or tap here to enter text. 103
CITY COUNCIL MEETING DATE: NOVEMBER 7, 2023
TITLE: 2023 CITIZENS’ OPTION FOR PUBLIC SAFETY GRANT FUNDS APPROPRIATION.

PAGE: 2

BACKGROUND
The State Budget Act of 2010 has provided funds from the Local Safety and Protection Account (LSPA) in the State Transportation Fund to be available for the purposes of the Citizens' Option for Public Safety (COPS) Grant. The COPS Grant funds are collected in accordance with the proportionate share of the State's total population that resides in each county and city. Each city is guaranteed a minimum of $100,000 by Government Code Section 30061 and any additional amounts are contingent on vehicle license fee collections. The City of Chino was allocated the original amount of $142,090 for 2023.

The City of Chino has received an additional allocation of $122,502.02 above the original allocation due to additional LSPA and vehicle license fees collected. The Chino Police Department is requesting continued funding of this program. Acceptance of these additio nal funds will continue funding the non -sworn position of Police Facilities Coordinator and a portion of a Crime Analyst, along with the purchase of upgraded equipment and new technology.

A provision of the program allows monies to be directed toward funding costs related to salaries and expenses for non -sworn personnel dedicated to supporting front line police operations along with expenditures dedicated to upgrading equipment, purchasing new technology for sworn personnel, and upgrading police vehicles. Since 2001, the City Council has approved the continued funding of this grant program.

ISSUES/ANALYSIS
The Chino Police Department is requesting continued funding for this grant program.

Acceptance of these additional funds will continue funding the non -sworn position of Police Facilities Coordinator and portion of a Crime Analyst, along with the purchase of upgraded equipment and new technology.

Attachment:

COPS 2023 Growth Allocation

104
105

MEMORANDUM

CITY OF CHINO

POLICE DEPARTMENT

CITY COUNCIL MEETING DATE: NOVEMBER 7, 2023

TO: LINDA REICH, CITY MANAGER
FROM: KEVIN MENSEN, CHIEF OF POLICE

SUBJECT
..titl e
2024 Citizens' Option for Public Safety Grant Funds Appropriation. ..end

RECOMMENDATION
1) Accept and approve the use of the grant funds for the identified expenditure areas of the 2024 Citizens’ Option for Public Safety (COPS) Program Grant -G4249; 2) appropriate $144,810, to the AB3229 -State COPS Grant Fund 130, with a corresponding increase to revenues in the same fund; and 3) authorize the City Manager to execute the necessary documents.

..body

FISCAL IMPACT
Requires an appropriation of expenditure and revenue in the amount $144,810 to the AB3229- State COPS Grant Fund 130. The requested appropriation is fully offset by Grant Revenue and no local matching funds are required.

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

Revenue: 1304000-59500-G4249

Expenditure: 1304000-40010-G4249
Transfer In: Click or tap here to enter text. Transfer Out: Click or tap here to enter text. 106
CITY COUNCIL MEETING DATE: NOVEMBER 7, 2023
TITLE: 2024 CITIZENS' OPTION FOR PUBLIC SAFETY GRANT FUNDS APPROPRIATION.

PAGE: 2

BACKGROUND
The State Budget Act of 2010 has provided funds from the Local Safety and Protection Account (LSPA) in the State Transportation Fund to be available for the purposes of the Citizens' Option for Public Safety (COPS) Grant. The COPS grant funds are allocated in accordance with the proportionate share of the State’s total population that resides in each county and city. Each city is guaranteed a minimum of $100,000 by Government Code Section 30061 and any additional amounts are contingent on vehicle license fee collections. The City of Chino has been allocated $144,810 in FY 2023-24.

A provision of the program allows monies to be directed toward funding costs related to salaries and expenses for non -sworn personnel d edicated to supporting front line police operations along with expenditures dedicated to upgrading equipment, purchasing new technology for sworn personnel, and upgrading police vehicles. Since 2001, the City Council has approved the continued funding of this grant program.

ISSUES/ANALYSIS
The Chino Police Department is requesting continued funding for this grant program.

Acceptance of these funds will continue funding the non -sworn position of Police Facilities Coordinator and portion of a Crime Analyst , along with the purchase of upgraded equipment and new technology.

Attachment:

COPS 2024 Allocation Notice

107
108

MEMORANDUM

CITY OF CHINO

POLICE DEPARTMENT

CITY COUNCIL MEETING DATE: NOVEMBER 7, 2023

TO: LINDA REICH, CITY MANAGER
FROM: KEVIN MENSEN, CHIEF OF POLICE

SUBJECT
..titl e
2024 Motorcycle Safety Education and Training Program Grant. ..end

RECOMMENDATION
1) Authorize the acceptance of Federal Funding for the 2022 and 2023 Office of Traffic Safety Motorcyclist Safety Education and Training Program Grants combined for a total amount of $26,000; 2) appropriate $26,000 to the General Fund grant G4245 with a corresponding increase to the grant revenue; and 3) authorize the City Manager or designee to execute all necessary documents related to this grant on behalf of the City.

..body

FISCAL IMPACT
Appropriate $26,000 to the General Fund grant G4245 with a corresponding increase to the grant revenue. The requested appropriati on is fully offset by grant revenue and no local matching funds are requested.

CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES The recommendation detailed above 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:
 Superior Customer Service
 Financial Stability
 Responsible Long-Range Planning
 Exemplary Leadership
 Public Service Excellence through Internal and External Partnerships

Revenue: 1004000-59500-G4245

Expenditure: 1004000-40010-G4245
Transfer In: Click or tap here to enter text. Transfer Out: Click or tap here to enter text. 109
CITY COUNCIL MEETING DATE: NOVEMBER 7, 2023
TITLE: 2024 MOTORCYCLE SAFETY EDUCATION AND TRAINING PROGRAM GRANT.

PAGE: 2

BACKGROUND
The Chino Police Department has been awarded Federal Funding for the “2022 and 2023 Motorcyclist Safety Education and Training Program” in the amount of $26,000 from the State of California – Office of Traffic Safety. The grant period is October 1, 2023, through September 30, 2024, and will cover the cost of hands -on motorcyclist safety courses, community outreach and public awareness campaigns, educational presentations, and workshops. Additionally, the grant covers the cost of training and campaign supplies.

The federal funding of $26,000 will be allotted the federal tracking nu mber CFDA 20.616 – City Grant #G4245.

ISSUES/ANALYSIS
Throughout the grant year, the Chino Police Department will be able to conduct free motorcycle safety and training courses for the public, participate in traffic safety fairs and/or community events, and send officers to advanced motorcycle training. The State of California Office of Traffic Safety will reimburse the City of Chino for overtime expenditures, travel expenses, and other direct costs up to $26,000 to conduct the operations authorized und er the Motorcyclist Safety Educations and Training Program grants.

Attachment - Grant Agreement

110
10/6/2023 7:39:14 AM Page 1of 16
State of California Office of Traffic SafetyGRANT AGREEMENT GRANT NUMBERMC240031.GRANT TITLEMotorcyclist Safety Education and Training Program2.NAME OF AGENCY 3.Grant PeriodChinoFrom:To:10/01/202309/30/20244.AGENCY UNIT TO ADMINISTER GRANTChino Police Department5.GRANT DESCRIPTIONBest practice strategies will be conducted to reduce the number of persons killed and injured in crashes involving motorcycles. The funded strategies may include hands-on motorcyclist safety courses, motorcyclist helmet usage training, classroom education, community outreach and public awareness campaigns, educational presentations, and workshops. These countermeasures should be conducted in communities with a high number of motorcycle related crashes.6.Federal Funds Allocated Under This Agreement Shall Not Exceed:$26,000.007.TERMS AND CONDITIONS: The parties agree to comply with the terms and conditions of the following which are bythis reference made a part of the Agreement:Schedule A Problem Statement, Goals and Objectives and Method of ProcedureSchedule B Detailed Budget Estimate and Sub-Budget Estimate (if applicable) Schedule B-1 Budget Narrative and Sub-Budget Narrative (if applicable)Exhibit A Certifications and AssurancesExhibit B* OTS Grant Program ManualExhibit C Grant Electronic Management System (GEMS) Access*Items shown with an asterisk (*), are hereby incorporated by reference and made a part of this agreement as if attached hereto. These documents can be viewed at the OTS home web page under Grants: www.ots.ca.gov.We, the officials named below, hereby swear under penalty of perjury under the laws of the State of California that we are duly authorized to legally bind the Grant recipient to the above described Grant terms and conditions.IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.8.Approval SignaturesA.GRANT DIRECTORB.AUTHORIZING OFFICIALNAME:TITLE:EMAIL:PHONE:ADDRESS:Kyle [email protected](909) 334-31485450 Guardian WayChino, CA 91710ADDRESS: Linda ReichCity [email protected](909) 334-349113220 Central AvenueChino, CA 91710{{_es_signer2_signature}} {{_es_signer2_date}}{{_es_signer4_signature}} {{_es_signer4_date}}(Signature) (Date) (Signature) (Date)C.FISCAL OFFICIALD.AUTHORIZING OFFICIAL OF OFFICE OF TRAFFIC SAFETYADDRESS: Ria MedinaManagement [email protected](909) 334-30625450 Guardian WayChino, CA 91710ADDRESS: Barbara [email protected](916) 509-30302208 Kausen Drive, Suite 300Elk Grove, CA 95758{{_es_signer3_signature}} {{_es_signer3_date}}{{_es_signer6_signature}} {{_es_signer6_date}}(Signature) (Date) (Signature) (Date) 111
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E. ACCOUNTING OFFICER OF OFFICE OF TRAFFIC SAFETY9. SAM INFORMATIONNAME: Carolyn Vu SAM #:REGISTERED ADDRESS: CITY: ZIP+4: RGVNGHJR3NV513220 Central Ave Chino 91710-4127 ADDRESS: 2208 Kausen Drive, Suite 300Elk Grove, CA 95758 10.PROJECTED EXPENDITURES FUND CFDA ITEM/APPROPRIATION F.Y. CHAPTER STATUTE PROJECTED EXPENDITURES 405f MC- 20.616 0521-0890-101 2022 43/22 BA/22 $8,840.00 405f MC-24 20.616 0521-0890-101 2023 12/23 BA/23 $17,160.00 AGREEMENT TOTAL $26,000.00 AMOUNT ENCUMBERED BY THIS DOCUMENT I CERTIFY upon my own personal knowledge that the budgeted funds for the current budget year are available for the period and purpose of the expenditure stated above. $26,000.00 PRIOR AMOUNT ENCUMBERED FOR THIS AGREEMENT $ 0.00 OTS DATE SIGNED TOTAL AMOUNT ENCUMBERED TO DATE {{_es_signer5_signature}} {{_es_signer5_date}} $26,000.00 112
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State of California Office of Traffic SafetyGRANT AGREEMENT Schedule A GRANT NUMBERMC24003 1. PROBLEM STATEMENT The City of Chino is approximately 30 square miles with 261 miles of roadway in the city. We are in the middle of major freeway and highways used for commuting traffic. State Route (SR) 60 runs through the north end of our city and SR 71 borders on the west side of the city. SR 83/Euclid Ave. is a major street that connects Chino with Chino Hills to the south and Ontario and Upland to the north. It also provides direct access to SR 71, SR 60, I-10 and mountain communities. Just to the east of Chino is Eastvale that is bordered by I-15. Chino is a mix of residential and industrial properties with heavily used arterial streets gaining access to the above-mentioned highways. There is a residential population of 92,000 people and an estimated 7,000 people entering the city daily for work. Eastvale and the south end of Ontario, referred to as Ontario Ranch, are developing master planned communities that bring thousands of commuters through Chino on a daily basis. One such roadway, which is used as an arterial route to Euclid Ave. and SR 71, was surveyed in April 2021, when Covid-19 was limiting some commuters. This roadway saw 45,000 commuters on a single day. One of our motorcycle fatalities occurred on this roadway during the commuting hours. Chino has seen an increase in motorcycle traffic in the last two years. It is uncertain if it is because of the fuel prices, traffic congestion or for lower vehicle payments. We have found, with the crash investigations we have conducted, many of the riders we encounter are not properly trained or endorsed for motorcycle riding. Many of the crashes involve riders who recently purchased their motorcycles, or even borrowed a From 2016-2020, there were only four fatal crashes that involved a motorcyclist. That amounted to one in seven. In calendar year 2021 and 2022 the city had a total of eight fatal crashes and five of them were motorcyclists. Three of the five crashes involved a motorcyclist hitting a parked vehicle or fixed object and one additional crash where the rider panicked and laid the bike down to avoid a crash before impacting a very slow-moving vehicle. There were several other motorcycle crashes where the rider suffered severe injuries, but the mechanism of injury or advanced medical care prevented fatalities. Many of these crashes were from inexperienced riders that did not use good judgement or were unable to effectively avoid an avoidable crash. Based on real world statistics in the city of Chino, it is evident that the citizens would benefit from the instruction that can be provided by trained officers. A curriculum that can offer experiences and statistics, coupled with practical riding training to improve not only the abilities of the rider, but their mindset as well. 2. PERFORMANCE MEASURES A. Goals: 1. Reduce the number of persons killed in traffic crashes. 2. Reduce the number of persons injured in traffic crashes. 3. Reduce the number of motorcyclists injured in traffic crashes. 4. Reduce the number of motorcyclists killed in traffic crashes. B. Objectives: Target Number 1. Issue a press release announcing the kick-off of the grant by November 15. The kick-off press releases and media advisories, alerts, and materials must be emailed to the OTS Public Information Officer at [email protected], and copied to your OTS Coordinator, for approval 14 days prior to the issuance date of the release. 1 2. Conduct free to the public motorcycle safety and training courses throughout the grant year. 4 3. Participate in Motorcycle Safety Month in May. 1 4. Participate in traffic safety fairs and/or community events with effort to reach individuals. 2 5. Send law enforcement officers to advanced motorcycle training. 2 6. Updates all department social media sites to further promote the "Ride to Live" program to the public and to promote educational goals of safe motorcycle riding. 4 113
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3.METHOD OF PROCEDUREA. Phase 1 Program Preparation (1st Quarter of Grant Year) section.All training needed to implement the program should be conducted in the first quarter. All grant related purchases needed to implement the program should be made in the first quarter. Media Requirements Issue a press release approved by the OTS PIO announcing the kick-off of the grant by November 15, but no sooner than October 1. The kick-off release must be approved by the OTS PIO and only distributed after the grant is fully signed and executed. If you are unable to meet the November 15 deadline to issue a kick-off press release, communicate reasons to your OTS coordinator and OTS PIO. B. Phase 2 Program Operations (Throughout Grant Year) Media Requirements The following requirements are for all grant-related activities: Send all media advisories, alerts, videos, graphics, artwork, posters, radio/PSA/video scripts, storyboards, digital and/or print educational materials for grant-related activities to the OTS PIO at [email protected] for approval and copy your OTS coordinator. Optimum lead time would be 7 days before the scheduled release but at least 3 business days prior to the scheduled release date for review and approval is appreciated. The OTS PIO is responsible for the approval of the design and content of materials. The agency understands OTS PIO approval is not authorizing approval of budget expenditure or cost. Any cost approvals must come from the Coordinator. Pre-approval is not required when using any OTS-supplied template for media advisories, press releases, social media graphics, videos or posts, or any other OTS-supplied educational material. However, copy the OTS PIO at [email protected] and your OTS coordinator when any material is distributed to the media and public, such as a press release, educational material, or link to social media post. The OTS-supplied kick-off press release templates and any kickoff press releases are an exception to this policy and require prior approval before distribution to the media and public. If an OTS-supplied template, educational material, social media graphic, post or video is substantially changed, the changes shall be sent to the OTS PIO at [email protected] for approval and copy to your OTS Coordinator. Optimum lead time would be 7 days prior to the scheduled release date, but at least 3 business days prior to the scheduled release date for review and approval is appreciated. Press releases, social media posts and alerts on platforms such as NextDoor and Nixle reporting immediate and time-sensitive grant activities (e.g. enforcement operations, day of event highlights or announcements, event invites) are exempt from the OTS PIO approval process. The OTS PIO and your Coordinator should still be notified when the grant-related activity is happening (e.g. car seat checks, bicycle rodeos, community presentations, DUI checkpoints, etc.). Enforcement activities such as warrant and probation sweeps, court stings, etc. that are embargoed or could impact operations by publicizing in advance are exempt from the PIO approval process. However, announcements and results of activities should still be copied to the OTS PIO at [email protected] and your Coordinator with embargoed date and time or with Any earned or paid media campaigns for TV, radio, digital or social media that are part of a specific grant objective, using OTS grant funds, or designed and developed using contractual services by a subgrantee, requires prior approval. Please send to the OTS PIO at [email protected] for approval and copy your grant coordinator at least 3 business days prior to the scheduled release date. Social media posts highlighting state or national traffic safety campaigns (Distracted Driving Month, Motorcycle Safety Awareness Month, etc.), enforcement operations (DUI checkpoints, 114
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etc.), or any other grant-related activity such as Bicycle rodeos, presentations, or events, are highly encouraged but do not require prior approval.Submit a draft or rough-cut of all digital, printed, recorded or video material (brochures, posters, scripts, artwork, trailer graphics, digital graphics, social posts connected to an earned or paid media campaign grant objective) to the OTS PIO at [email protected] and copy your OTS Coordinator for approval prior to the production or duplication. Use the following standard language in all press, media, and printed materials, space permitting: Funding for this program was provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration. Space permitting, include the OTS logo on all grant-funded print materials, graphics and paid or earned social media campaign grant objective; consult your OTS Coordinator for specifics, format-appropriate logos, or if space does not permit the use of the OTS logo. Email the OTS PIO at [email protected] and copy your OTS Coordinator at least 21 days in advance, or when first confirmed, a short description of any significant grant-related traffic safety event or program, particularly events that are highly publicized beforehand with anticipated media coverage so OTS has sufficient notice to arrange for attendance and/or participation in the event. If unable to attend, email the OTS PIO and coordinator brief highlights and/or results, including any media coverage (broadcast, digital, print) of event within 7 days following significant grant-related event or program. Media and program highlights are to be reflected in QPRs. Any press releases, work plans, scripts, storyboards, artwork, graphics, videos or any educational or informational materials that received PIO approval in a prior grant year needs to be resubmitted for approval in the current grant year. Contact the OTS PIO or your OTS Coordinator for consultation when changes from any of the above requirements might be warranted. C. Phase 3 Data Collection & Reporting (Throughout Grant Year) 1. Prepare and submit grant claim invoices (due January 30, April 30, July 30, and October 30) 2. Prepare and submit Quarterly Performance Reports (QPR) (due January 30, April 30, July 30, and October 30) Collect and report quarterly, appropriate data that supports the progress of goals and objectives. Provide a brief list of activity conducted, procurement of grant-funded items, and significant media activities. Include status of grant-funded personnel, status of contracts, challenges, or special accomplishments. Provide a brief summary of quarterly accomplishments and explanations for objectives not completed or plans for upcoming activities. Collect, analyze and report statistical data relating to the grant goals and objectives. 4. METHOD OF EVALUATION the fourth/final Quarterly Performance Report (QPR). The Final Evaluation should provide a brief summary whether goals and objectives were met, exceeded, or an explanation of why objectives were not completed. 5. ADMINISTRATIVE SUPPORT This program has full administrative support, and every effort will be made to continue the grant activities after grant conclusion. 115
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State of California Office of Traffic SafetyGRANT AGREEMENT Schedule B GRANT NUMBERMC24003 FUND NUMBERCATALOG NUMBER (CFDA) FUND DESCRIPTIONTOTAL AMOUNT405f MC-24 20.616 Motorcyclist Safety Grants $26,000.00 COST CATEGORY FUND NUMBER UNIT COST OR RATE UNITS TOTAL COST TO GRANT A.PERSONNEL COSTS Straight Time $0.00 Overtime Motorcycle Training Instruction 405f MC-24 $5,040.00 4 $20,160.00 Motorcycle Safety Presentation 405f MC-24 $1,050.00 2 $2,100.00 Category Sub-Total $22,260.00 B.TRAVEL EXPENSES $0.00 $0.00 Category Sub-Total $0.00 C.CONTRACTUAL SERVICES $0.00 Category Sub-Total $0.00 D.EQUIPMENT $0.00 Category Sub-Total $0.00 E. OTHER DIRECT COSTS Motorcycle Training Supplies 405f MC-24 $1,740.00 1 $1,740.00 Display Booth 405f MC-24 $2,000.00 1 $2,000.00 Category Sub-Total $3,740.00 F.INDIRECT COSTS $0.00 Category Sub-Total $0.00 GRANT TOTAL $26,000.00 116
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State of California Office of Traffic SafetyGRANT AGREEMENT Schedule B-1GRANT NUMBERMC24003 BUDGET NARRATIVE PERSONNEL COSTS Motorcycle Training Instruction - Overtime for grant funded motorcycle safety education classes conducted by appropriate department personnel. Motorcycle Safety Presentation - Overtime for grant funded traffic safety education at fairs and/or community events conducted by appropriate department personnel. TRAVEL EXPENSES -CONTRACTUAL SERVICES -EQUIPMENT -OTHER DIRECT COSTS Motorcycle Training Supplies - Costs to include cones, delineators, and barriers. Additional items may be purchased with OTS approval. Display Booth - Display/information booth or pop-up tent at venues such as conferences, state and local fairs, and community events. Costs may include fees and supplies such as lighting, fans, displays, banners, tablecloths and rental of the following: tables, chairs, generators and electrical service. Costs may not include furniture such as but not limited to tables and chairs. Additional items may be purchased if approved by OTS. INDIRECT COSTS -STATEMENTS/DISCLAIMERS There will be no program income generated from this grant. 117
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State of California Office of Traffic SafetyGRANT AGREEMENT Exhibit A GRANT NUMBERMC24003 Certifications and Assurances for Fiscal Year 2024 Highway Safety Grants (23 U.S.C. Chapter 4 or Section 1906, Public Law 109-59, as amended by Section 25024, Public Law 117-58) The officials named on the grant agreement, certify by way of signature on the grant agreement signature page, that the Grantee Agency complies with all applicable Federal statutes, regulations, and directives and State rules, guidelines, policies, and laws in effect with respect to the periods for which it receives grant funding. Applicable provisions include, but are not limited to, the following: GENERAL REQUIREMENTS The State will comply with applicable statutes and regulations, including but not limited to: 23 U.S.C. Chapter 4Highway Safety Act of 1966, as amended; Sec. 1906, Public Law 109-59, as amended by Sec. 25024, Public Law 117-58; 23 CFR part 1300Uniform Procedures for State Highway Safety Grant Programs; 2 CFR part 200Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards; 2 CFR part 1201Department of Transportation, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. NONDISCRIMINATION (applies to all subrecipients as well as States) The State highway safety agency [and its subrecipients] will comply with all Federal statutes and implementing regulations relating to Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); 49 CFR part 21 (entitled Non-discrimination in Federally-Assisted Programs of the Department of TransportationEffectuation of Title VI of the Civil Rights Act of 1964); 28 CFR 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964); The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); Federal-Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), and Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683 and 1685-1686) (prohibit discrimination on the basis of sex); Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits discrimination on the basis of disability) and 49 CFR part 27; The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age); The Civil Rights Restoration Act of 1987, (Pub. L. 100-209), (broadens scope, coverage, and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition aid recipients, subrecipients and contractors, whether such programs or activities are Federally-funded or not); Titles II and III of the Americans with Disabilities Act (42 U.S.C. 12131-12189) (prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing) and 49 CFR parts 37 and 38; Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations (preventing discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations); Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (requiring that recipients of Federal financial assistance provide meaningful access for applicants and beneficiaries who have limited English proficiency (LEP)); Executive Order 13985, Advancing Racial Equity and Support for Underserved Communities through the Federal Government (advancing equity across the Federal Government); and Executive Order 13988, Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation (clarifying that sex discrimination includes discrimination on the grounds of gender identity or sexual orientation). GENERAL ASSURANCES 118
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In accordance with the Acts, the Regulations, and other pertinent directives, circulars, policy, memoranda, and/or guidance, the Recipient hereby gives assurance that it will promptly take any measures necessary to ensure that:be denied the benefits of, or be otherwise subjected to discrimination under any program or activity, for which the Recipient receives Federal The Civil Rights Restoration Act of 1987 clarified the original intent of Congress, with respect to Title VI of the Civil Rights Act of 1964 and other non-discrimination requirements (the Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973), by restoring the broad, institutional-wide scope and coverage of these nondiscrimination statutes and requirements to include all programs and activities of the Recipient, so long as any portion of the program is Federally assisted.SPECIFIC ASSURANCESMore specifically, and without limiting the above general Assurance, the Recipient agrees with and gives the following Assurances with respect to its Federally assisted Highway Safety Grant Program:1. 49 CFR part 21will be (with regard to anfacilitated,in compliance with all requirements imposed by, or pursuant to the Acts and the Regulations.2.The Recipient will insert the following notification in all solicitations for bids, Requests For Proposals for work, or material subject to the Acts and the Regulations made in connection with all Highway Safety Grant Programs and, in adapted form, in all proposals for negotiated agreements regardless of funding source:U.S.C 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin3.The Recipient will insert the clauses of appendix A and E of this Assurance (also referred in every contract or agreement subject to the Acts and the Regulations.4.The Recipient will insert the clauses of appendix B of DOT Order 1050.2A, as a covenant running with the land, in anydeed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a Recipient.5.That where the Recipient receives Federal financial assistance to construct a facility, or part of a facility, the Assurancewill extend to the entire facility and facilities operated in connection therewith.6.That where the Recipient receives Federal financial assistance in the form of, or for the acquisition of, real property or aninterest in real property, the Assurance will extend to rights to space on, over, or under such property.7.That the Recipient will include the clauses set forth in appendix C and appendix D of this DOT Order 1050.2A, as a covenant running with the land, in any future deeds, leases, licenses, permits, or similar instruments entered into by the Recipient with other parties:a.for the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; andb.for the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program.8.That this Assurance obligates the Recipient for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of, personal property, or real property, or interest therein, or structures or improvements thereon, in which case the Assurance obligates the Recipient, or any transferee for the longer of the following periods:a.the period during which the property is used for a purpose for which the Federal financial assistance is extended,or for another purpose involving the provision of similar services or benefits; orb.the period during which the Recipient retains ownership or possession of the property.9.The Recipient will provide for such methods of administration for the program as are found by the Secretary ofTransportation or the official to whom he/she delegates specific authority to give reasonable guarantee that it, other recipients, sub-recipients, sub- grantees, contractors, subcontractors, consultants, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the Acts, the Regulations, and this Assurance.10.The Recipient agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Acts, the Regulations, and this Assurance.By signing this ASSURANCE, the State highway safety agency also agrees to comply (and require any sub-recipients, sub-grantees, contractors, successors, transferees, and/or assignees to comply) with all applicable provisions governing NHTSA's access to records, accounts, documents, information, facilities, and staff. You also recognize that you must comply with any program or compliance reviews, and/or complaint investigations conducted by NHTSA. You must keep records, reports, and submit the material for review 119
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upon request to NHTSA, or its designee in a timely, complete, and accurate way. Additionally, you must comply with all other reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance. The State highway safety agency gives this ASSURANCE in consideration of and for obtaining any Federal grants, loans, contracts, agreements, property, and/or discounts, or other Federal-aid and Federal financial assistance extended after the date hereof to the recipients by the U.S. Department of Transportation under the Highway Safety Grant Program. This ASSURANCE is binding on the State highway safety agency, other recipients, sub-recipients, sub-grantees, contractors, subcontractors and their subcontractors', transferees, successors in interest, and any other participants in the Highway Safety Grant Program. The person(s) signing below is/are authorized to sign this ASSURANCE on behalf of the Recipient. THE DRUG-FREE WORKPLACE ACT OF 1988 (41 U.S.C. 8103) The Subgrantee will provide a drug-free workplace by: a.Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee's workplace, and specifying the actions that will be taken against employees for violation of such prohibition; b.Establishing a drug-free awareness program to inform employees about: 1. The dangers of drug abuse in the workplace; 2. The grantee's policy of maintaining a drug-free workplace; 3. Any available drug counseling, rehabilitation, and employee assistance programs; 4. The penalties that may be imposed upon employees for drug violations occurring in the workplace; 5. Making it a requirement that each employee engaged in the performance of the grant be given a copy of the statement required by paragraph (a); c.Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will 1. Abide by the terms of the statement; 2. Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction; d.Notifying the agency within ten days after receiving notice under subparagraph (c)(2) from an employee or otherwise receiving actual notice of such conviction; e.Taking one of the following actions, within 30 days of receiving notice under subparagraph (c)(2), with respect to any employee who is so convicted 1. Taking appropriate personnel action against such an employee, up to and including termination; 2. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; f.Making a good faith effort to continue to maintain a drug-free workplace through implementation of all of the paragraphs above. POLITICAL ACTIVITY (HATCH ACT) (applies to all subrecipients as well as States) The State will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. CERTIFICATION REGARDING FEDERAL LOBBYING (applies to all subrecipients as well as States) CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS The undersigned certifies, to the best of his or her knowledge and belief, that: 1.No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; 2.If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, with its instructions; 3.The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, subgrants, and contracts under grant, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. 120
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This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. RESTRICTION ON STATE LOBBYING (applies to subrecipients as well as States) None of the funds under this program will be used for any activity specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities official whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal. CERTIFICATION REGARDING DEBARMENT AND SUSPENSION (applies to all subrecipients as well as States) INSTRUCTIONS FOR PRIMARY TIER PARTICIPANT CERTIFICATION (STATES) 1.By signing and submitting this proposal, the prospective primary tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200. 2.The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective primary tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary tier participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction. 3.The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default or may pursue suspension or debarment. 4.The prospective primary tier participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary tier participant learns its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 5.The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations. 6.The prospective primary tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. 7.The prospective primary tier participant further agrees by submitting this proposal that it will include the clause titled ent, Suspension, Ineligibility and Voluntary ExclusionLower Tier Covered provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200. 8.A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website (https://www.sam.gov/). 9.Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate the transaction for cause or default. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERSPRIMARY TIER COVERED TRANSACTIONS 121
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1.The prospective primary tier participant certifies to the best of its knowledge and belief, that it and its principals: a.Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excludedfrom participating in covered transactions by any Federal department or agency;b. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and d. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default. 2.Where the prospective primary tier participant is unable to certify to any of the Statements in this certification, such prospective participant shall attach an explanation to this proposal. INSTRUCTIONS FOR LOWER TIER PARTICIPANT CERTIFICATION 1.By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200. 2.The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment. 3.The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4.The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations. 5.The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 6.The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled Ineligibility and Voluntary ExclusionLower Tier Covered tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200. 7.A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website ( https://www.sam.gov/). 8.Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9.Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSIONLOWER TIER COVERED TRANSACTIONS 1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency. 122
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2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. BUY AMERICA (applies to subrecipients as well as States) The State and each subrecipient will comply with the Buy America requirement (23 U.S.C. 313) when purchasing items using Federal funds. Buy America requires a State, or subrecipient, to purchase with Federal funds only steel, iron and manufactured products produced in the United States, unless the Secretary of Transportation determines that such domestically produced items would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. In order to use Federal funds to purchase foreign produced items, the State must submit a waiver request that provides an adequate basis and justification for approval by the Secretary of Transportation. CERTIFICATION ON CONFLICT OF INTEREST (applies to subrecipients as well as States) GENERAL REQUIREMENTS No employee, officer, or agent of a State or its subrecipient who is authorized in an official capacity to negotiate, make, accept, or approve, or to take part in negotiating, making, accepting, or approving any subaward, including contracts or subcontracts, in connection with this grant shall have, directly or indirectly, any financial or personal interest in any such subaward. Such a financial or personal interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or personal interest in or a tangible personal benefit from an entity considered for a subaward. Based on this policy: 1.The recipient shall maintain a written code or standards of conduct that provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents. a. The code or standards shall provide that the recipient's officers, employees, or agents may neither solicit nor accept gratuities, favors, or anything of monetary value from present or potential subawardees, including contractors or parties to subcontracts. b. The code or standards shall establish penalties, sanctions, or other disciplinary actions for violations, as permitted by State or local law or regulations. 2.The recipient shall maintain responsibility to enforce the requirements of the written code or standards of conduct. DISCLOSURE REQUIREMENTS No State or its subrecipient, including its officers, employees, or agents, shall perform or continue to perform under a grant or cooperative agreement, whose objectivity may be impaired because of any related past, present, or currently planned interest, financial or otherwise, in organizations regulated by NHTSA or in organizations whose interests may be substantially affected by NHTSA activities. Based on this policy: 1.The recipient shall disclose any conflict of interest identified as soon as reasonably possible, making an immediate and full disclosure in writing to NHTSA. The disclosure shall include a description of the action which the recipient has taken or proposes to take to avoid or mitigate such conflict. 2.NHTSA will review the disclosure and may require additional relevant information from the recipient. If a conflict of interest is found to exist, NHTSA may (a) terminate the award, or (b) determine that it is otherwise in the best interest of NHTSA to continue the award and include appropriate provisions to mitigate or avoid such conflict. 3.Conflicts of interest that require disclosure include all past, present, or currently planned organizational, financial, contractual, or other interest(s) with an organization regulated by NHTSA or with an organization whose interests may be substantially affected by NHTSA activities, and which are related to this award. The interest(s) that require disclosure include those of any recipient, affiliate, proposed consultant, proposed subcontractor, and key personnel of any of the above. Past interest shall be limited to within one year of the date of award. Key personnel shall include any person owning more than a 20 percent interest in a recipient, and the officers, employees or agents of a recipient who are responsible for making a decision or taking an action under an award where the decision or action can have an economic or other impact on the interests of a regulated or affected organization. PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE (applies to all subrecipients as well as States) The State and each subrecipient will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists. 123
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POLICY ON SEAT BELT USEIn accordance with Executive Order 13043, Increasing Seat Belt Use in the United States, dated April 16, 1997, the Grantee is encouraged to adopt and enforce on-the-job seat belt use policies and programs for its employees when operating company-owned, rented, or personally-owned vehicles. The National Highway Traffic Safety Administration (NHTSA) is responsible for providing leadership and guidance in support of this Presidential initiative. For information and resources on traffic safety programs and policies for employers, please contact the Network of Employers for Traffic Safety (NETS), a public-private partnership dedicated to improving the traffic safety practices of employers and employees. You can download information on seat belt programs, costs of motor vehicle crashes to employers, and other traffic safety initiatives at www.trafficsafety.org. The NHTSA website (www.nhtsa.gov) also provides information on statistics, campaigns, and program evaluations and references. POLICY ON BANNING TEXT MESSAGING WHILE DRIVING In accordance with Executive Order 13513, Federal Leadership On Reducing Text Messaging While Driving, and DOT Order 3902.10, Text Messaging While Driving, States are encouraged to adopt and enforce workplace safety policies to decrease crashes caused by distracted driving, including policies to ban text messaging while driving company-owned or rented vehicles, Government-owned, leased or rented vehicles, or privately-owned vehicles when on official Government business or when performing any work on or behalf of the Government. States are also encouraged to conduct workplace safety initiatives in a manner commensurate with the size of the business, such as establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving, and education, awareness, and other outreach to employees about the safety risks associated with texting while driving. 124
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INSTRUCTIONS FOR ADDING OR UPDATING GEMS USERS 1. Each agency is allowed a total of FIVE (5) GEMS Users. 2. GEMS Users listed on this form will be authorized to login to GEMS to complete and submit Quarterly Performance Reports (QPRs) and reimbursement claims. 3. Complete the form if adding, removing or editing a GEMS user(s). 4. The Grant Director must sign this form and return it with the Grant Agreement. CURRENT GEMS USER(S) 1. Kyle Baas Title: Corporal Media Contact: No Phone: (909) 334-3148 Email: [email protected] 2. Chris Corbin Title: Professional Services Manager Media Contact: No Phone: (909) 334-3120 Email: [email protected] 3. Ria Medina Title: Management Analyst Media Contact: No Phone: (909) 334-3062 Email: [email protected] 4. Scott Trosper Title: Sergeant Media Contact: No Phone: 909 334-3153 Email: [email protected] State of California Office of Traffic SafetyOTS-55 Grant Electronic Management System (GEMS) AccessExhibit C GRANT NUMBERMC24003 GRANT DETAILS Grant Number: MC24003 Agency Name: Chino Police Department Grant Title: Motorcyclist Safety Education and Training Program Agreement Total: $26,000.00 Authorizing Official: Linda Reich Fiscal Official: Ria Medina Grant Director: Kyle Baas 125
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Complete the below information if adding, removing or editing a GEMS user(s) GEMS User 1Add/Change {{[]c11_es_:signer1}} Remove Access {{[] c12_es_:signer1}} Add as a media contact? Yes {{[]c1_es_:signer1}} No{{[]c2_es_:signer1}} {{UserName1_es_:signer1 }} {{UserTitle1_es_:signer1 }} Name Job Title {{UserEmail1_es_:signer1 }} {{UserPhone1_es_:signer1 }} Email address Phone number GEMS User 2 Add/Change {{[]c13_es_:signer1}} Remove Access {{[]c14_es_:signer1}} Add as a media contact? Yes {{[]c3_es_:signer1}}No {{[]c4_es_:signer1}} {{UserName2_es_:signer1 }} {{UserTitle2_es_:signer1 }} Name Job Title {{UserEmail2_es_:signer1 }} {{UserPhone2_es_:signer1 }} Email address Phone number GEMS User 3 Add/Change {{[]c15_es_:signer1}} Remove Access {{[]c16_es_:signer1}} Add as a media contact? Yes {{[]c5_es_:signer1}}No {{[]c6_es_:signer1}} {{UserName3_es_:signer1 }} {{UserTitle3_es_:signer1 }} Name Job Title {{UserEmail3_es_:signer1 }} {{UserPhone3_es_:signer1 }} Email address Phone number GEMS User 4 Add/Change {{[]c17_es_:signer1}} Remove Access {{[]c18_es_:signer1}} Add as a media contact? Yes {{[]c8_es_:signer1}}No {{[]c7_es_:signer1}} {{UserName4_es_:signer1 }} {{UserTitle4_es_:signer1 }} Name Job Title {{UserEmail4_es_:signer1 }} {{UserPhone4_es_:signer1 }} Email address Phone number GEMS User 5 Add/Change {{[]c19_es_:signer1}} Remove Access {{[]c20_es_:signer1}} Add as a media contact? Yes {{[]c9_es_:signer1}}No {{[]c10_es_:signer1}} {{UserName5_es_:signer1 }} {{UserTitle5_es_:signer1 }} Name Job Title {{UserEmail5_es_:signer1 }} {{UserPhone5_es_:signer1 }} Email address Phone number Form completed by: {{Sig_es_:signer1:signature}} Date: {{Dte1_es_:signer1:date}} As a signatory I hereby authorize the listed individual(s) to represent and have GEMS user access. {{Sig_es_:signer2:signature}} {{Name1_es_:signer2:fullname }} Signature Name {{Dte2_es_:signer2:date}} Grant Director Date Title 126

MEMORANDUM

CITY OF CHINO

POLICE DEPARTMENT

CITY COUNCIL MEETING DATE: NOVEMBER 7, 2023

TO: LINDA REICH, CITY MANAGER
FROM: KEVIN MENSEN, CHIEF OF POLICE

SUBJECT
..titl e
2022 and 2023 Office of Traffic Safety Selective Traffic Enforcement Program (STEP) Grant. ..end

RECOMMENDATION
1) Authorize the acceptance of the 2022 and 2023 Office of Traffic Safety Federal STEP Grant in the amount of $198,000; 2) appropriate $198,000 from the unappropriated reserves of the General Fund; 3) increase the general fund revenue grant budget by $198,000; and 4) authorize the City Manager or designee to execute all necessary documents related to this grant on behalf of the City.

..body

FISCAL IMPACT
Appropriate $198,000 from the unappropriated reserves of the General Fund with a corresponding increase to the grant revenue. The requested appropriation is fully offset by grant revenue and no local matching funds are requested. The two federal grants numbers are; G4247 in the amount of $128,000 and G4248 in the amount of $70,000 totaling $198,000.

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

Revenue: 1004000-59500-G4247

Expenditure: 1004000-40010-G4247
Transfer In: Click or tap here to enter text. Transfer Out: Click or tap here to enter text. 127
CITY COUNCIL MEETING DATE: NOVEMBER 7, 2023
TITLE: OFFICE OF TRAFFIC SAFETY SELECTIVE TRAFFIC ENFORCEMENT PROGRAM (STEP) GRANT.

PAGE: 2

BACKGROUND
The Chino Police Department has been awarded the "20 22 and 2023 Selective Traffic Enforcement Program (STEP) Grant" in the amount of $198,000 from the State of California - Office of Traffic Safety. The grant period is October 1, 2023, through September 30, 2024, and will cover the cost of conducting DUI checkpoints, DUI saturation patrols, traffic enforcement, distracted driving, motorcycle safety, night -time Click It Or Ticket operations, along with pedestrian and bicycle enforcement. Additionally, the grant allows for travel expenses for training, other direct costs related to DUI checkpoint supplies, and lidar device.

The federal funding of $198,000 will be allotted from two different federal tracking numbers and the CFDA numbers are as follows: CFDA 20.608 $128,000 -City grant #G 4247 and CFDA

20.600 $70,000-City grant #G4248.

ISSUES/ANALYSIS
The Chino Police Department will be able to conduct a total of six sobriety checkpoints, 23 traffic enforcement operations, and 28 DUI saturation patrols with the grant funding made available. The State of California Office of Traffic Safety will reimburse the City of Chino for overtime expenditures, travel expenses and other direct costs up to $198,000 to conduct the operations authorized under the STEP Grant.

Attachment: Grant Agreement

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State of California Office of Traffic SafetyGRANT AGREEMENT GRANT NUMBERPT240421.GRANT TITLESelective Traffic Enforcement Program (STEP)2.NAME OF AGENCY 3.Grant PeriodChinoFrom:To:10/01/202309/30/20244.AGENCY UNIT TO ADMINISTER GRANTChino Police Department5.GRANT DESCRIPTIONBest practice strategies will be conducted to reduce the number of persons killed and injured in crashes involving alcohol and other primary crash factors. The funded strategies may include impaired driving enforcement, enforcement operations focusing on primary crash factors, distracted driving, night-time seat belt enforcement, special enforcement operations encouraging motorcycle safety, enforcement and public awareness in areas with a high number of bicycle and pedestrian crashes, and educational programs. These strategies are designed to earn media attention thus enhancing the overall deterrent effect.6.Federal Funds Allocated Under This Agreement Shall Not Exceed:$198,000.007.TERMS AND CONDITIONS: The parties agree to comply with the terms and conditions of the following which are by this reference made a part of the Agreement:Schedule A Problem Statement, Goals and Objectives and Method of ProcedureSchedule B Detailed Budget Estimate and Sub-Budget Estimate (if applicable) Schedule B-1 Budget Narrative and Sub-Budget Narrative (if applicable)Exhibit A Certifications and AssurancesExhibit B* OTS Grant Program ManualExhibit C Grant Electronic Management System (GEMS) Access*Items shown with an asterisk (*), are hereby incorporated by reference and made a part of this agreement as if attached hereto. These documents can be viewed at the OTS home web page under Grants: www.ots.ca.gov.We, the officials named below, hereby swear under penalty of perjury under the laws of the State of California that we are duly authorized to legally bind the Grant recipient to the above described Grant terms and conditions.IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.8.Approval SignaturesA.GRANT DIRECTORB.AUTHORIZING OFFICIALNAME:TITLE:EMAIL:PHONE:ADDRESS:Kyle [email protected](909) 334-31485450 Guardian WayChino, CA 91710ADDRESS: Linda ReichCity [email protected](909) 334-349113220 Central AvenueChino, CA 91710{{_es_signer2_signature}} {{_es_signer2_date}}{{_es_signer4_signature}} {{_es_signer4_date}}(Signature) (Date) (Signature) (Date)C.FISCAL OFFICIALD.AUTHORIZING OFFICIAL OF OFFICE OF TRAFFIC SAFETYADDRESS: Ria MedinaManagement [email protected](909) 334-30625450 Guardian WayChino, CA 91710ADDRESS: Barbara [email protected](916) 509-30302208 Kausen Drive, Suite 300Elk Grove, CA 95758{{_es_signer3_signature}} {{_es_signer3_date}}{{_es_signer6_signature}} {{_es_signer6_date}}(Signature) (Date) (Signature) (Date) 129
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E. ACCOUNTING OFFICER OF OFFICE OF TRAFFIC SAFETY9. SAM INFORMATIONNAME: Carolyn Vu SAM #:REGISTERED ADDRESS: CITY: ZIP+4: RGVNGHJR3NV513220 Central Ave Chino 91710-4127 ADDRESS: 2208 Kausen Drive, Suite 300Elk Grove, CA 95758 10.PROJECTED EXPENDITURES FUND CFDA ITEM/APPROPRIATION F.Y. CHAPTER STATUTE PROJECTED EXPENDITURES 164AL-24.1 20.608 0521-0890-101 2022 43/22 BA/22 $43,520.00 402PT-24.1 20.600 0521-0890-101 2022 43/22 BA/22 $23,800.00 164AL-24 20.608 0521-0890-101 2023 12/23 BA/23 $84,480.00 402PT-24 20.600 0521-0890-101 2023 12/23 BA/23 $46,200.00 AGREEMENT TOTAL $198,000.00 AMOUNT ENCUMBERED BY THIS DOCUMENT I CERTIFY upon my own personal knowledge that the budgeted funds for the current budget year are available for the period and purpose of the expenditure stated above. $198,000.00 PRIOR AMOUNT ENCUMBERED FOR THIS AGREEMENT $ 0.00 OTS DATE SIGNED TOTAL AMOUNT ENCUMBERED TO DATE {{_es_signer5_signature}} {{_es_signer5_date}} $198,000.00 130
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State of California Office of Traffic SafetyGRANT AGREEMENT Schedule A GRANT NUMBERPT24042 1. PROBLEM STATEMENT Chino is a city comprised of residential, commercial, industrial, and rural areas that are dissected or bordered by four heavily used state highways; SR 91 to the south, SR 71 on the west side, SR 60 on the north side, and SR 83 on the east. We have over 261 miles of roadway in our city, some of which are used as major thoroughfares from neighboring cities to the state highways during commuting hours. The City of Chino was a dairy and agricultural preserve for decades and was one of the largest dairy regions in the country. This diary preserve was lifted approximately 13 years ago, which created the opportunity for many square miles of rural lands to become available for development. The growth in our city has been continuing ever since. Single-family homes, multi-unit housing, commercial centers, industrial warehousing, and a community college have since been developed where the old dairies previously existed. The city of Chino continues to grow as available land is yet to be developed. Since 2013, housing units and warehouses or distribution centers have been continuously built and occupied in Chino. There is an estimated population of 96,000 residents in the city, with a daily transient population increase of 6800 people coming into the city. With this increase in buildings and dwellings comes a significant increase in the residential population and daily commuters that travel through the city. Two of our neighboring cities, Ontario and Eastvale, were former dairy preserve areas as well. The southwest corner of Ontario, which borders the east side of our city, is building a master-planned community that will eventually bring 47,000 homes along with many commercial and retail properties. The population within the coming years is expected to exceed 160,000 residents. We are already experiencing an increase in traffic through our city as commuters from neighboring cities make their way through Chino to the nearby highways. Eastvale continues to grow at nearly the same rate as Chino. Like the Ontario commuters, Eastvale residents also use our roadways during their commute to avoid traffic congestion on the freeway. This growth has demanded the re-engineering of roadways, and there is more development planned in the future. Many of these improvements have been finished, but with the steady growth comes continuing change. The Traffic Services Unit of the Chino Police Department is dedicated to maintaining a safe environment for drivers, bicyclists, and pedestrians as we deal with roadway congestion and increased traffic. Unfortunately, the steady growth of Chino has increased at a faster rate than the staffing of new officers. Officers are responsible for a constantly increasing amount of residents, more daily traffic, and more crashes. These challenges have spread our police resources thin and have increased the need for additional enforcement. Thankfully, the increase in residents and the increase in daily population has not brought a higher fatal crash count to the city. The last two years have resulted in four and five fatal crashes, respectively as compared to an average of 5.6 in the previous five years. This is no doubt due to the continued support of grant-funded operations. The City of Chino and its Police Department are motivated to reduce the number of crashes in our city, especially injury and fatal crashes, with a yearly goal of zero fatal crashes per year. The city continues to experience a variety of traffic problems and a variety of primary crash factors. Unsafe speed continues to be the overwhelming cause of the majority of our injury crashes. The Police Department continuously receives a large number of citizen complaints about speeding vehicles throughout the city. We regularly deploy traffic data collectors (stealth devices that capture speed, volume, and times of traffic) in response to citizen complaints. We are identifying an ever-increasing amount of speed violations on residential and collector streets that have not seen crash to the degree of other locations. Using the data collected, we can efficiently deploy officers and other resources to the area for awareness and enforcement. To supplement our officers, we have deployed portable message devices (speed display boards), which in most cases, have positively impacted driving habits and reduced speeds. These devices are most effective when left at a location for at least one month or more. These portable message devices help calm speeds while also collecting traffic data. Right-of-way violations and unsafe turning movements are also top causes of injury crashes. We intend to maintain our enforcement efforts in the areas that experience a high frequency of injury crashes by deploying Officers to the areas that statistically experience these crashes. 131
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The number of persons killed in crash in 2022 decreased by 16.7% from 6 to 5. The number of persons injured in crash decreased by 5.2% from 365 to 346. The number of persons injured in DUI-related crash increased by 39.3% from 28 to 39. We intend to focus our enforcement efforts in areas where Driving under the influence of alcohol and or drugs were contributing factor.Of the five fatal crash that occurred last year, three of them were related to speeds that were well over the speed limit (30+ mph over). Three of them involved at-fault drivers who were well over the legal limit of alcohol and three involved motorcycles. The Chino Police Department has made it a priority to enforce and prosecute all impaired drivers and continues to ensure our officers are properly trained in DUI enforcement. We have prioritized the 40-hour DUI workshop as a core course. This is a week-long course by Cavanaugh and Associates, where officers learn Standardized Field Sobriety Tests (SFSTs), DUI report writing, and courtroom testimony. This course has included subject matter for Advanced Roadside Impaired Driver Enforcement (ARIDE) and has been approved by POST as an SFST/ARIDE course. This dedication to DUI training has led to the strict and successful prosecution of offenders. Prior grant funding has afforded us the time and staffing to conduct DUI/DL checkpoints. The checkpoints are a great tool we use to enforce DUI-related laws and to educate drivers on the dangers of DUI driving. The Chino Police Department will continue to work towards minimizing DUI crashes in our city and will remain dedicated to the detection and enforcement of DUI drivers. DUI checkpoints have been an excellent public education campaign and tool to identify DUI drivers before a crash occurs. Our community provides overwhelmingly positive feedback to our social media posts announcing the checkpoints and their results. We have successfully filled many vacant Police Officer positions in the last year, allowing us to better staff our checkpoints. In several instances, we have identified the possibility of conducting checkpoints in both directions of a roadway for greater community impact. Our community continues to experience DUI crash that occur on less-traveled roadways and neighborhood streets. Often, the offenders are headed home and involved in crashes while near their residences. We believe that these offenders purposely avoid main thoroughfares and would likely not be identified by a DUI checkpoint, which is why DUI saturation patrols are so beneficial to our city. Our prior STEP grant has allowed us to field two officer operations dedicated to DUI detection and apprehension, and we hope to continue conducting these saturation patrols. The Chino Police Department has filled several vacancies in the last year and is still aggressively recruiting and hiring to continue to provide a high level of service to the community. With the funding provided by the STEP grant, the Traffic Unit can fund overtime for Traffic Officers and for officers outside of the Traffic Unit that have an interest in traffic-related enforcement. We are fortunate to have officers outside of our Traffic Unit that support our mission and have the experience to conduct the specialized enforcement operation. 2. PERFORMANCE MEASURES A. Goals: 1. Reduce the number of persons killed in traffic crashes. 2. Reduce the number of persons injured in traffic crashes. 3. Reduce the number of pedestrians killed in traffic crashes. 4. Reduce the number of pedestrians injured in traffic crashes. 5. Reduce the number of bicyclists killed in traffic crashes. 6. Reduce the number of bicyclists injured in traffic crashes. 7. Reduce the number of persons killed in alcohol-involved crashes. 8. Reduce the number of persons injured in alcohol-involved crashes. 9. Reduce the number of persons killed in drug-involved crashes. 10. Reduce the number of persons injured in drug-involved crashes. 11. Reduce the number of persons killed in alcohol/drug combo-involved crashes. 12. Reduce the number of persons injured in alcohol/drug combo-involved crashes. 13. Reduce the number of motorcyclists killed in traffic crashes. 14. Reduce the number of motorcyclists injured in traffic crashes. 132
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15. Reduce hit & run fatal crashes. 16. Reduce hit & run injury crashes.17. Reduce nighttime (2100 - 0259 hours) fatal crashes.18. Reduce nighttime (2100 - 0259 hours) injury crashes. B. Objectives: Target Number 1. Issue a press release announcing the kick-off of the grant by November 15. The kick-off press releases and media advisories, alerts, and materials must be emailed to the OTS Public Information Officer at [email protected], and copied to your OTS Coordinator, for approval 14 days prior to the issuance date of the release. 1 2. Participate and report data (as required) in the following campaigns; Quarter 1: National Walk to School Day, National Teen Driver Safety Week, NHTSA Winter Mobilization; Quarter 3: National Distracted Driving Awareness Month, National Motorcycle Safety Month, National Bicycle Safety Month, National Click it or Ticket Mobilization; Quarter 4: NHTSA Summer Mobilization, National Child Passenger Safety Week, and California's Pedestrian Safety Month. 10 3. and traffic officers to be on the lookout for identified repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. Updated DUI BOLOs should be distributed to patrol and traffic officers monthly. 12 4. Send law enforcement personnel to the NHTSA Standardized Field Sobriety Testing (SFST) (minimum 16 hours) POST-certified training. 2 5. Send law enforcement personnel to the NHTSA Advanced Roadside Impaired Driving Enforcement (ARIDE) 16 hour POST-certified training. 2 6. Send law enforcement personnel to the Drug Recognition Expert (DRE) training. 1 7. Send law enforcement personnel to the DRE Recertification training. 2 8. Conduct DUI/DL Checkpoints. A minimum of 1 checkpoint should be conducted during the NHTSA Winter Mobilization and 1 during the Summer Mobilization. To enhance the overall deterrent effect and promote high visibility, it is recommended the grantee issue an advance press release and conduct social media activity for each checkpoint. For combination DUI/DL checkpoints, departments should issue press releases that mention DL's will be checked at the DUI/DL checkpoint. Signs for DUI/DL checkpoints should read "DUI/Driver's License Checkpoint Ahead." OTS does not fund or support independent DL checkpoints. Only on an exception basis and with OTS pre-approval will OTS fund checkpoints that begin prior to 1800 hours. When possible, DUI/DL Checkpoint screeners should be DRE- or ARIDE-trained. 6 9. Conduct DUI Saturation Patrol operation(s). 28 10. Conduct Traffic Enforcement operation(s), including but not limited to, primary crash factor violations. 23 11. Conduct highly publicized Distracted Driving enforcement operation(s) targeting drivers using hand held cell phones and texting. 4 12. Conduct highly publicized Motorcycle Safety enforcement operation(s) in areas or during events with a high number of motorcycle incidents or crashes resulting from unsafe speed, DUI, following too closely, unsafe lane changes, improper turning, and other primary crash factor violations by motorcyclists and other drivers. 4 13. Conduct highly publicized pedestrian and/or bicycle enforcement operation(s) in areas or during events with a high number of pedestrian and/or bicycle crashes resulting from violations made by pedestrians, bicyclists, and drivers. 2 14. Conduct Traffic Safety educational presentation(s) with an effort to reach community members. Note: Presentation(s) may include topics such as distracted driving, DUI, speed, bicycle and pedestrian safety, seat belts and child passenger safety. 2 15. Conduct specialized enforcement operations focusing specifically on street racing and sideshow activities. 1 3. METHOD OF PROCEDURE A. Phase 1 Program Preparation (1st Quarter of Grant Year) 133
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outlined in the objectives section. All training needed to implement the program should be conducted in the first quarter. All grant related purchases needed to implement the program should be made in the first quarter. description, current license status, and the number of times suspended or revoked for DUI. DUI BOLOs should be updated and distributed to traffic and patrol officers at least monthly. Implementation of the STEP grant activities will be accomplished by deploying personnel at high crash locations. Media Requirements Issue a press release approved by the OTS PIO announcing the kick-off of the grant by November 15, but no sooner than October 1. The kick-off release must be approved by the OTS PIO and only distributed after the grant is fully signed and executed. If you are unable to meet the November 15 deadline to issue a kick-off press release, communicate reasons to your OTS coordinator and OTS PIO. B. Phase 2 Program Operations (Throughout Grant Year) The department will work to create media opportunities throughout the grant period to call attention to the innovative program strategies and outcomes. Media Requirements The following requirements are for all grant-related activities: Send all media advisories, alerts, videos, graphics, artwork, posters, radio/PSA/video scripts, storyboards, digital and/or print educational materials for grant-related activities to the OTS PIO at [email protected] for approval and copy your OTS coordinator. Optimum lead time would be 7 days before the scheduled release but at least 3 business days prior to the scheduled release date for review and approval is appreciated. The OTS PIO is responsible for the approval of the design and content of materials. The agency understands OTS PIO approval is not authorizing approval of budget expenditure or cost. Any cost approvals must come from the Coordinator. Pre-approval is not required when using any OTS-supplied template for media advisories, press releases, social media graphics, videos or posts, or any other OTS-supplied educational material. However, copy the OTS PIO at [email protected] and your OTS coordinator when any material is distributed to the media and public, such as a press release, educational material, or link to social media post. The OTS-supplied kick-off press release templates and any kickoff press releases are an exception to this policy and require prior approval before distribution to the media and public. If an OTS-supplied template, educational material, social media graphic, post or video is substantially changed, the changes shall be sent to the OTS PIO at [email protected] for approval and copy to your OTS Coordinator. Optimum lead time would be 7 days prior to the scheduled release date, but at least 3 business days prior to the scheduled release date for review and approval is appreciated. Press releases, social media posts and alerts on platforms such as NextDoor and Nixle reporting immediate and time-sensitive grant activities (e.g. enforcement operations, day of event highlights or announcements, event invites) are exempt from the OTS PIO approval process. The OTS PIO and your Coordinator should still be notified when the grant-related activity is happening (e.g. car seat checks, bicycle rodeos, community presentations, DUI checkpoints, etc.). Enforcement activities such as warrant and probation sweeps, court stings, etc. that are embargoed or could impact operations by publicizing in advance are exempt from the PIO approval process. However, announcements and results of activities should still be copied to the OTS PIO at [email protected] and your Coordinator with embargoed date and time or with Any earned or paid media campaigns for TV, radio, digital or social media that are part of a specific grant objective, using OTS grant funds, or designed and developed using contractual services by a subgrantee, requires prior approval. Please send to the OTS PIO at 134
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[email protected] for approval and copy your grant coordinator at least 3 business days prior to the scheduled release date.Social media posts highlighting state or national traffic safety campaigns (Distracted Driving Month, Motorcycle Safety Awareness Month, etc.), enforcement operations (DUI checkpoints, etc.), or any other grant-related activity such as Bicycle rodeos, presentations, or events, are highly encouraged but do not require prior approval. Submit a draft or rough-cut of all digital, printed, recorded or video material (brochures, posters, scripts, artwork, trailer graphics, digital graphics, social posts connected to an earned or paid media campaign grant objective) to the OTS PIO at [email protected] and copy your OTS Coordinator for approval prior to the production or duplication. Use the following standard language in all press, media, and printed materials, space permitting: Funding for this program was provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration. Space permitting, include the OTS logo on all grant-funded print materials, graphics and paid or earned social media campaign grant objective; consult your OTS Coordinator for specifics, format-appropriate logos, or if space does not permit the use of the OTS logo. Email the OTS PIO at [email protected] and copy your OTS Coordinator at least 21 days in advance, or when first confirmed, a short description of any significant grant-related traffic safety event or program, particularly events that are highly publicized beforehand with anticipated media coverage so OTS has sufficient notice to arrange for attendance and/or participation in the event. If unable to attend, email the OTS PIO and coordinator brief highlights and/or results, including any media coverage (broadcast, digital, print) of event within 7 days following significant grant-related event or program. Media and program highlights are to be reflected in QPRs. Any press releases, work plans, scripts, storyboards, artwork, graphics, videos or any educational or informational materials that received PIO approval in a prior grant year needs to be resubmitted for approval in the current grant year. Contact the OTS PIO or your OTS Coordinator for consultation when changes from any of the above requirements might be warranted. C. Phase 3 Data Collection & Reporting (Throughout Grant Year) 1. Prepare and submit grant claim invoices (due January 30, April 30, July 30, and October 30) 2. Prepare and submit Quarterly Performance Reports (QPR) (due January 30, April 30, July 30, and October 30) Collect and report quarterly, appropriate data that supports the progress of goals and objectives. Provide a brief list of activity conducted, procurement of grant-funded items, and significant media activities. Include status of grant-funded personnel, status of contracts, challenges, or special accomplishments. Provide a brief summary of quarterly accomplishments and explanations for objectives not completed or plans for upcoming activities. Collect, analyze and report statistical data relating to the grant goals and objectives. 4. METHOD OF EVALUATION the fourth/final Quarterly Performance Report (QPR). The Final Evaluation should provide a brief summary whether goals and objectives were met, exceeded, or an explanation of why objectives were not completed. 5. ADMINISTRATIVE SUPPORT This program has full administrative support, and every effort will be made to continue the grant activities after grant conclusion. 135
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State of California Office of Traffic SafetyGRANT AGREEMENT Schedule B GRANT NUMBERPT24042 FUND NUMBERCATALOG NUMBER (CFDA) FUND DESCRIPTIONTOTAL AMOUNT164AL-24 20.608 Minimum Penalties for Repeat Offenders for Driving While Intoxicated $128,000.00 402PT-24 20.600 State and Community Highway Safety $70,000.00 COST CATEGORY FUND NUMBER UNIT COST OR RATE UNITS TOTAL COST TO GRANT A.PERSONNEL COSTS Straight Time $0.00 Overtime DUI/DL Checkpoints 164AL-24 $13,000.00 6 $78,000.00 DUI Saturation Patrols 164AL-24 $1,700.00 28 $47,600.00 Traffic Enforcement 402PT-24 $1,700.00 23 $39,100.00 Distracted Driving 402PT-24 $1,700.00 4 $6,800.00 Motorcycle Safety 402PT-24 $1,700.00 4 $6,800.00 Pedestrian and Bicycle Enforcement 402PT-24 $1,700.00 2 $3,400.00 Traffic Safety Education 402PT-24 $800.00 2 $1,600.00 Street Racing and Sideshow Enforcement Operations 402PT-24 $4,000.00 1 $4,000.00 Category Sub-Total $187,300.00 B.TRAVEL EXPENSES In State Travel 402PT-24 $3,300.00 1 $3,300.00 $0.00 Category Sub-Total $3,300.00 C.CONTRACTUAL SERVICES $0.00 Category Sub-Total $0.00 D.EQUIPMENT $0.00 Category Sub-Total $0.00 E. OTHER DIRECT COSTS DUI Checkpoint Supplies 164AL-24 $2,400.00 1 $2,400.00 Lidar Device 402PT-24 $2,500.00 2 $5,000.00 Category Sub-Total $7,400.00 F.INDIRECT COSTS $0.00 Category Sub-Total $0.00 GRANT TOTAL $198,000.00 136
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State of California Office of Traffic SafetyGRANT AGREEMENT Schedule B-1GRANT NUMBERPT24042 BUDGET NARRATIVE PERSONNEL COSTS DUI/DL Checkpoints - Overtime for grant funded law enforcement operations conducted by appropriate department personnel. DUI Saturation Patrols - Overtime for grant funded law enforcement operations conducted by appropriate department personnel. Traffic Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel. Distracted Driving - Overtime for grant funded law enforcement operations conducted by appropriate department personnel. Motorcycle Safety - Overtime for grant funded law enforcement operations conducted by appropriate department personnel. Pedestrian and Bicycle Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel. Traffic Safety Education - Overtime for grant funded traffic safety presentations or campaigns conducted by appropriate department personnel. Street Racing and Sideshow Enforcement Operations - Overtime for grant funded law enforcement operations conducted by appropriate department personnel. TRAVEL EXPENSES In State Travel - Costs are included for appropriate staff to attend conferences and training events supporting the grant goals and objectives and/or traffic safety. Local mileage for grant activities and meetings is included. Anticipated travel may include the California Traffic Safety Summit and the OTS Traffic Safety Law Enforcement Forum. All conferences, seminars or training not specifically identified in the Budget Narrative must be approved by OTS. All travel claimed must be at the agency approved rate. Per Diem may not be claimed for meals provided at conferences when registration fees are paid with OTS grant funds. CONTRACTUAL SERVICES -EQUIPMENT -OTHER DIRECT COSTS DUI Checkpoint Supplies - On-scene supplies needed to conduct sobriety checkpoints. Costs may include 28" traffic cones, MUTCD compliant traffic signs, MUTCD compliant high visibility vests (maximum of 10), traffic counters (maximum of 2), generator, gas for generators, lighting, reflective banners, electronic flares, PAS Device/Calibration Supplies, heater, propane for heaters, fan, anti-fatigue mats, and canopies. Additional items may be purchased if approved by OTS. The cost of food and beverages will not be reimbursed. Each item must have a unit cost of less than $5,000 (including tax and shipping). Lidar Device - Light detection and ranging device used to measure the speed of motor vehicles. This device will be used for speed enforcement. Costs may include lidar devices, batteries, tax, and shipping. INDIRECT COSTS -STATEMENTS/DISCLAIMERS There will be no program income generated from this grant. enforcement officer issue a specified or predetermined number of citations in pursuance of the goals and objectives here under. 137
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State of California Office of Traffic SafetyGRANT AGREEMENT Exhibit A GRANT NUMBERPT24042 Certifications and Assurances for Fiscal Year 2024 Highway Safety Grants (23 U.S.C. Chapter 4 or Section 1906, Public Law 109-59, as amended by Section 25024, Public Law 117-58) The officials named on the grant agreement, certify by way of signature on the grant agreement signature page, that the Grantee Agency complies with all applicable Federal statutes, regulations, and directives and State rules, guidelines, policies, and laws in effect with respect to the periods for which it receives grant funding. Applicable provisions include, but are not limited to, the following: GENERAL REQUIREMENTS The State will comply with applicable statutes and regulations, including but not limited to: 23 U.S.C. Chapter 4Highway Safety Act of 1966, as amended; Sec. 1906, Public Law 109-59, as amended by Sec. 25024, Public Law 117-58; 23 CFR part 1300Uniform Procedures for State Highway Safety Grant Programs; 2 CFR part 200Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards; 2 CFR part 1201Department of Transportation, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. NONDISCRIMINATION (applies to all subrecipients as well as States) The State highway safety agency [and its subrecipients] will comply with all Federal statutes and implementing regulations relating to not limited to: Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); 49 CFR part 21 (entitled Non-discrimination in Federally-Assisted Programs of the Department of TransportationEffectuation of Title VI of the Civil Rights Act of 1964); 28 CFR 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964); The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); Federal-Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), and Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683 and 1685-1686) (prohibit discrimination on the basis of sex); Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits discrimination on the basis of disability) and 49 CFR part 27; The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age); The Civil Rights Restoration Act of 1987, (Pub. L. 100-209), (broadens scope, coverage, and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition aid recipients, subrecipients and contractors, whether such programs or activities are Federally-funded or not); Titles II and III of the Americans with Disabilities Act (42 U.S.C. 12131-12189) (prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing) and 49 CFR parts 37 and 38; Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations (preventing discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations); Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (requiring that recipients of Federal financial assistance provide meaningful access for applicants and beneficiaries who have limited English proficiency (LEP)); Executive Order 13985, Advancing Racial Equity and Support for Underserved Communities through the Federal Government (advancing equity across the Federal Government); and Executive Order 13988, Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation (clarifying that sex discrimination includes discrimination on the grounds of gender identity or sexual orientation). GENERAL ASSURANCES 138
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In accordance with the Acts, the Regulations, and other pertinent directives, circulars, policy, memoranda, and/or guidance, the Recipient hereby gives assurance that it will promptly take any measures necessary to ensure that:be denied the benefits of, or be otherwise subjected to discrimination under any program or activity, for which the Recipient receives Federal The Civil Rights Restoration Act of 1987 clarified the original intent of Congress, with respect to Title VI of the Civil Rights Act of 1964 and other non-discrimination requirements (the Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973), by restoring the broad, institutional-wide scope and coverage of these nondiscrimination statutes and requirements to include all programs and activities of the Recipient, so long as any portion of the program is Federally assisted.SPECIFIC ASSURANCESMore specifically, and without limiting the above general Assurance, the Recipient agrees with and gives the following Assurances with respect to its Federally assisted Highway Safety Grant Program:1. 49 CFR part 21will be (with regard to anfacilitated,in compliance with all requirements imposed by, or pursuant to the Acts and the Regulations.2.The Recipient will insert the following notification in all solicitations for bids, Requests For Proposals for work, or material subject to the Acts and the Regulations made in connection with all Highway Safety Grant Programs and, in adapted form, in all proposals for negotiated agreements regardless of funding source:U.S.C 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin3.The Recipient will insert the clauses of appendix A and E of this Assurance (also referred in every contract or agreement subject to the Acts and the Regulations.4.The Recipient will insert the clauses of appendix B of DOT Order 1050.2A, as a covenant running with the land, in anydeed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a Recipient.5.That where the Recipient receives Federal financial assistance to construct a facility, or part of a facility, the Assurancewill extend to the entire facility and facilities operated in connection therewith.6.That where the Recipient receives Federal financial assistance in the form of, or for the acquisition of, real property or aninterest in real property, the Assurance will extend to rights to space on, over, or under such property.7.That the Recipient will include the clauses set forth in appendix C and appendix D of this DOT Order 1050.2A, as a covenant running with the land, in any future deeds, leases, licenses, permits, or similar instruments entered into by the Recipient with other parties:a.for the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; andb.for the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program.8.That this Assurance obligates the Recipient for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of, personal property, or real property, or interest therein, or structures or improvements thereon, in which case the Assurance obligates the Recipient, or any transferee for the longer of the following periods:a.the period during which the property is used for a purpose for which the Federal financial assistance is extended,or for another purpose involving the provision of similar services or benefits; orb.the period during which the Recipient retains ownership or possession of the property.9.The Recipient will provide for such methods of administration for the program as are found by the Secretary ofTransportation or the official to whom he/she delegates specific authority to give reasonable guarantee that it, other recipients, sub-recipients, sub- grantees, contractors, subcontractors, consultants, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the Acts, the Regulations, and this Assurance.10.The Recipient agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Acts, the Regulations, and this Assurance.By signing this ASSURANCE, the State highway safety agency also agrees to comply (and require any sub-recipients, sub-grantees, contractors, successors, transferees, and/or assignees to comply) with all applicable provisions governing NHTSA's access to records, accounts, documents, information, facilities, and staff. You also recognize that you must comply with any program or compliance reviews, and/or complaint investigations conducted by NHTSA. You must keep records, reports, and submit the material for review 139
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upon request to NHTSA, or its designee in a timely, complete, and accurate way. Additionally, you must comply with all other reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance. The State highway safety agency gives this ASSURANCE in consideration of and for obtaining any Federal grants, loans, contracts, agreements, property, and/or discounts, or other Federal-aid and Federal financial assistance extended after the date hereof to the recipients by the U.S. Department of Transportation under the Highway Safety Grant Program. This ASSURANCE is binding on the State highway safety agency, other recipients, sub-recipients, sub-grantees, contractors, subcontractors and their subcontractors', transferees, successors in interest, and any other participants in the Highway Safety Grant Program. The person(s) signing below is/are authorized to sign this ASSURANCE on behalf of the Recipient. THE DRUG-FREE WORKPLACE ACT OF 1988 (41 U.S.C. 8103) The Subgrantee will provide a drug-free workplace by: a.Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee's workplace, and specifying the actions that will be taken against employees for violation of such prohibition; b.Establishing a drug-free awareness program to inform employees about: 1. The dangers of drug abuse in the workplace; 2. The grantee's policy of maintaining a drug-free workplace; 3. Any available drug counseling, rehabilitation, and employee assistance programs; 4. The penalties that may be imposed upon employees for drug violations occurring in the workplace; 5. Making it a requirement that each employee engaged in the performance of the grant be given a copy of the statement required by paragraph (a); c.Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will 1. Abide by the terms of the statement; 2. Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction; d.Notifying the agency within ten days after receiving notice under subparagraph (c)(2) from an employee or otherwise receiving actual notice of such conviction; e.Taking one of the following actions, within 30 days of receiving notice under subparagraph (c)(2), with respect to any employee who is so convicted 1. Taking appropriate personnel action against such an employee, up to and including termination; 2. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; f.Making a good faith effort to continue to maintain a drug-free workplace through implementation of all of the paragraphs above. POLITICAL ACTIVITY (HATCH ACT) (applies to all subrecipients as well as States) The State will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. CERTIFICATION REGARDING FEDERAL LOBBYING (applies to all subrecipients as well as States) CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS The undersigned certifies, to the best of his or her knowledge and belief, that: 1.No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; 2.If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, with its instructions; 3.The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, subgrants, and contracts under grant, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. 140
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This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. RESTRICTION ON STATE LOBBYING (applies to subrecipients as well as States) None of the funds under this program will be used for any activity specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities official whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal. CERTIFICATION REGARDING DEBARMENT AND SUSPENSION (applies to all subrecipients as well as States) INSTRUCTIONS FOR PRIMARY TIER PARTICIPANT CERTIFICATION (STATES) 1.By signing and submitting this proposal, the prospective primary tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200. 2.The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective primary tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary tier participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction. 3.The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default or may pursue suspension or debarment. 4.The prospective primary tier participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary tier participant learns its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 5.The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations. 6.The prospective primary tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. 7.The prospective primary tier participant further agrees by submitting this proposal that it will include the clause titled ent, Suspension, Ineligibility and Voluntary ExclusionLower Tier Covered provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200. 8.A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website (https://www.sam.gov/). 9.Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate the transaction for cause or default. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERSPRIMARY TIER COVERED TRANSACTIONS 141
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1.The prospective primary tier participant certifies to the best of its knowledge and belief, that it and its principals: a.Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excludedfrom participating in covered transactions by any Federal department or agency;b. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and d. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default. 2.Where the prospective primary tier participant is unable to certify to any of the Statements in this certification, such prospective participant shall attach an explanation to this proposal. INSTRUCTIONS FOR LOWER TIER PARTICIPANT CERTIFICATION 1.By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200. 2.The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment. 3.The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4.The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations. 5.The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 6.The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled Ineligibility and Voluntary Exclusion tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200. 7.A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website ( https://www.sam.gov/). 8.Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9.Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSIONLOWER TIER COVERED TRANSACTIONS 1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency. 142
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2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. BUY AMERICA (applies to subrecipients as well as States) The State and each subrecipient will comply with the Buy America requirement (23 U.S.C. 313) when purchasing items using Federal funds. Buy America requires a State, or subrecipient, to purchase with Federal funds only steel, iron and manufactured products produced in the United States, unless the Secretary of Transportation determines that such domestically produced items would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. In order to use Federal funds to purchase foreign produced items, the State must submit a waiver request that provides an adequate basis and justification for approval by the Secretary of Transportation. CERTIFICATION ON CONFLICT OF INTEREST (applies to subrecipients as well as States) GENERAL REQUIREMENTS No employee, officer, or agent of a State or its subrecipient who is authorized in an official capacity to negotiate, make, accept, or approve, or to take part in negotiating, making, accepting, or approving any subaward, including contracts or subcontracts, in connection with this grant shall have, directly or indirectly, any financial or personal interest in any such subaward. Such a financial or personal interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or personal interest in or a tangible personal benefit from an entity considered for a subaward. Based on this policy: 1.The recipient shall maintain a written code or standards of conduct that provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents. a. The code or standards shall provide that the recipient's officers, employees, or agents may neither solicit nor accept gratuities, favors, or anything of monetary value from present or potential subawardees, including contractors or parties to subcontracts. b. The code or standards shall establish penalties, sanctions, or other disciplinary actions for violations, as permitted by State or local law or regulations. 2.The recipient shall maintain responsibility to enforce the requirements of the written code or standards of conduct. DISCLOSURE REQUIREMENTS No State or its subrecipient, including its officers, employees, or agents, shall perform or continue to perform under a grant or cooperative agreement, whose objectivity may be impaired because of any related past, present, or currently planned interest, financial or otherwise, in organizations regulated by NHTSA or in organizations whose interests may be substantially affected by NHTSA activities. Based on this policy: 1.The recipient shall disclose any conflict of interest identified as soon as reasonably possible, making an immediate and full disclosure in writing to NHTSA. The disclosure shall include a description of the action which the recipient has taken or proposes to take to avoid or mitigate such conflict. 2.NHTSA will review the disclosure and may require additional relevant information from the recipient. If a conflict of interest is found to exist, NHTSA may (a) terminate the award, or (b) determine that it is otherwise in the best interest of NHTSA to continue the award and include appropriate provisions to mitigate or avoid such conflict. 3.Conflicts of interest that require disclosure include all past, present, or currently planned organizational, financial, contractual, or other interest(s) with an organization regulated by NHTSA or with an organization whose interests may be substantially affected by NHTSA activities, and which are related to this award. The interest(s) that require disclosure include those of any recipient, affiliate, proposed consultant, proposed subcontractor, and key personnel of any of the above. Past interest shall be limited to within one year of the date of award. Key personnel shall include any person owning more than a 20 percent interest in a recipient, and the officers, employees or agents of a recipient who are responsible for making a decision or taking an action under an award where the decision or action can have an economic or other impact on the interests of a regulated or affected organization. PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE (applies to all subrecipients as well as States) The State and each subrecipient will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists. 143
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POLICY ON SEAT BELT USEIn accordance with Executive Order 13043, Increasing Seat Belt Use in the United States, dated April 16, 1997, the Grantee is encouraged to adopt and enforce on-the-job seat belt use policies and programs for its employees when operating company-owned, rented, or personally-owned vehicles. The National Highway Traffic Safety Administration (NHTSA) is responsible for providing leadership and guidance in support of this Presidential initiative. For information and resources on traffic safety programs and policies for employers, please contact the Network of Employers for Traffic Safety (NETS), a public-private partnership dedicated to improving the traffic safety practices of employers and employees. You can download information on seat belt programs, costs of motor vehicle crashes to employers, and other traffic safety initiatives at www.trafficsafety.org. The NHTSA website (www.nhtsa.gov) also provides information on statistics, campaigns, and program evaluations and references. POLICY ON BANNING TEXT MESSAGING WHILE DRIVING In accordance with Executive Order 13513, Federal Leadership On Reducing Text Messaging While Driving, and DOT Order 3902.10, Text Messaging While Driving, States are encouraged to adopt and enforce workplace safety policies to decrease crashes caused by distracted driving, including policies to ban text messaging while driving company-owned or rented vehicles, Government-owned, leased or rented vehicles, or privately-owned vehicles when on official Government business or when performing any work on or behalf of the Government. States are also encouraged to conduct workplace safety initiatives in a manner commensurate with the size of the business, such as establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving, and education, awareness, and other outreach to employees about the safety risks associated with texting while driving. 144
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INSTRUCTIONS FOR ADDING OR UPDATING GEMS USERS 1. Each agency is allowed a total of FIVE (5) GEMS Users. 2. GEMS Users listed on this form will be authorized to login to GEMS to complete and submit Quarterly Performance Reports (QPRs) and reimbursement claims. 3. Complete the form if adding, removing or editing a GEMS user(s). 4. The Grant Director must sign this form and return it with the Grant Agreement. CURRENT GEMS USER(S) 1. Kyle Baas Title: Corporal Media Contact: No Phone: (909) 334-3148 Email: [email protected] 2. Chris Corbin Title: Professional Services Manager Media Contact: No Phone: (909) 334-3120 Email: [email protected] 3. Ria Medina Title: Management Analyst Media Contact: No Phone: (909) 334-3062 Email: [email protected] 4. Scott Trosper Title: Sergeant Media Contact: No Phone: 909 334-3153 Email: [email protected] State of California Office of Traffic SafetyOTS-55 Grant Electronic Management System (GEMS) AccessExhibit C GRANT NUMBERPT24042 GRANT DETAILS Grant Number: PT24042 Agency Name: Chino Police Department Grant Title: Selective Traffic Enforcement Program (STEP) Agreement Total: $198,000.00 Authorizing Official: Linda Reich Fiscal Official: Ria Medina Grant Director: Kyle Baas 145
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Complete the below information if adding, removing or editing a GEMS user(s) GEMS User 1Add/Change {{[]c11_es_:signer1}} Remove Access {{[] c12_es_:signer1}} Add as a media contact? Yes {{[]c1_es_:signer1}} No{{[]c2_es_:signer1}} {{UserName1_es_:signer1 }} {{UserTitle1_es_:signer1 }} Name Job Title {{UserEmail1_es_:signer1 }} {{UserPhone1_es_:signer1 }} Email address Phone number GEMS User 2 Add/Change {{[]c13_es_:signer1}} Remove Access {{[]c14_es_:signer1}} Add as a media contact? Yes {{[]c3_es_:signer1}}No {{[]c4_es_:signer1}} {{UserName2_es_:signer1 }} {{UserTitle2_es_:signer1 }} Name Job Title {{UserEmail2_es_:signer1 }} {{UserPhone2_es_:signer1 }} Email address Phone number GEMS User 3 Add/Change {{[]c15_es_:signer1}} Remove Access {{[]c16_es_:signer1}} Add as a media contact? Yes {{[]c5_es_:signer1}}No {{[]c6_es_:signer1}} {{UserName3_es_:signer1 }} {{UserTitle3_es_:signer1 }} Name Job Title {{UserEmail3_es_:signer1 }} {{UserPhone3_es_:signer1 }} Email address Phone number GEMS User 4 Add/Change {{[]c17_es_:signer1}} Remove Access {{[]c18_es_:signer1}} Add as a media contact? Yes {{[]c8_es_:signer1}}No {{[]c7_es_:signer1}} {{UserName4_es_:signer1 }} {{UserTitle4_es_:signer1 }} Name Job Title {{UserEmail4_es_:signer1 }} {{UserPhone4_es_:signer1 }} Email address Phone number GEMS User 5 Add/Change {{[]c19_es_:signer1}} Remove Access {{[]c20_es_:signer1}} Add as a media contact? Yes {{[]c9_es_:signer1}}No {{[]c10_es_:signer1}} {{UserName5_es_:signer1 }} {{UserTitle5_es_:signer1 }} Name Job Title {{UserEmail5_es_:signer1 }} {{UserPhone5_es_:signer1 }} Email address Phone number Form completed by: {{Sig_es_:signer1:signature}} Date: {{Dte1_es_:signer1:date}} As a signatory I hereby authorize the listed individual(s) to represent and have GEMS user access. {{Sig_es_:signer2:signature}} {{Name1_es_:signer2:fullname }} Signature Name {{Dte2_es_:signer2:date}} Grant Director Date Title 146
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MEMORANDUM

CITY OF CHINO

DEVELOPMENT SERVICES DEPARTMENT

CITY COUNCIL MEETING DATE: NOVEMBER 7, 2023

TO: LINDA REICH, CITY MANAGER
FROM: WARREN MORELION, AICP, DIRECTOR OF DEVLOPMENT SERVICES

SUBJECT
..titl e
JL Power Investments, LLC - Public Improvement Agreement PL21 -0020 (Administrative Approval).
..end

RECOMMENDATION
Approve Public Improvement Agreement and securities with JL Power Investments, LLC; and authorize the City Manager to execute the necessary documents on behalf of the City. ..body

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

CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES The recommendation detailed above will 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

149
CITY COUNCIL MEETING DATE: NOVEMBER 7, 2023
TITLE: JL POWER INVESTMENTS, LLC - PUBLIC IMPROVEMENT AGREEMENT PL21-0020 (ADMINISTRATIVE APPROVAL).

PAGE: 2

Revenue: Click or tap here to enter text.

Expenditure:

Transfer In: Click or tap here to enter text. Transfer Out: Click or tap here to enter text. 150
CITY COUNCIL MEETING DATE: NOVEMBER 7, 2023
TITLE: JL POWER INVESTMENTS, LLC - PUBLIC IMPROVEMENT AGREEMENT PL21-0020 (ADMINISTRATIVE APPROVAL).

PAGE: 3

BACKGROUND
On August 4 , 202 2, City staff administratively approved project PL21 -0020 for a proposed duplex and two (2) Accessory Dwelling Units (ADUs) on a half-acre lot located at 12938 Monte Vista Avenue, as shown on Exhibit A, titled Location Map.

As part of the Engineering Conditions of Approval requirements, the applicant is required to design and construct certain public improvements along the perimeter of Monte Vista Avenue including, curb and gutter, sidewalk, and a driveway approach . The required public improvements necessitate the execution of a public improvement agreement and the posting of securities to ensure the timely delivery of said public improvements.

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

Therefore, it is staff’s recommendation to the City Council to approve the Public Improvement Agreement and correlating securities.

Attachments: Exhibit A - Location Map
Exhibit B - Public Improvement Agreement

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EXHIBIT "A" - LOCATION MAPDATE: 08/07/2023SHEET 1 OF 1

S FORK ROADSADDLEBACK PLACE

MONTE VISTA AVE

RIVERSIDE DRIVE
12938 MONTE VISTA AVERANCHO SANTA ANA DEL CHINO S 75 FT N283.8 FT E 1/2 LOT 1 SEC 10 TP 2S R 8W B STNORTHSCALE: 1" = 80'

RANCH ROAD
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01225.0006/367559.3 Updated 10-2020

PUBLIC IMPROVEMENT AGREEMENT

by and between

CITY OF CHINO

and

JL POWER INVESTMENTS, LLC, A CALIFORNIA LIMITED COMPANY 153
01225.0006/367559.3

PUBLIC IMPROVEMENT AGREEMENT BETWEEN

THE CITY OF CHINO
AND

JL POWER INVESTMENTS, LLC, A CALIFORNIA LIMITED COMPANY

Agreement Date: September 5, 2023 (City Council Approval date October 17, 2023)

Developer Name: JL Power Investments, LLC, a California Limited Company

Description: PL21-0020 (Administrative Approval) for the construction of a duplex and two (2) detached Accessory Dwelling Units (ADUs) located at 12938 Monte Vista Avenue.

Estimated Total Cost of Improvements: $39,700.00

Security

Bond No.: _100168334___________________

Surety: _Merchants Bonding Company

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Designees for the Service of Written Notice:

CITY: DEVELOPER
Jesus Plasencia
Assistant City Engineer

13220 Central Avenue
Chino, CA 91710

(909) 334-3417
JL Power Investments, LLC, a California
Limited Company
Attn: Gerardo Limon

4195 Chino Hills Parkway, #505
Chino Hills, CA 91709

(714) 726-5078

[email protected]

CITY PROJECT INSPECTOR
Isaac Ortega
Permit & Inspection Supervisor

13220 Central Avenue
Chino, CA 91710

(909) 334-3501
[email protected]

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TABLE OF CONTENTS

1. Construction Obligations

1.1 Works of Improvement

1.2 Other Obligations Referenced in Conditions of 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 Injury to Public Improvements, Public Property or Public Utility

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 Payment to City for Cost of Related Inspection and Engineering Services

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 Remedies Not Exclusive

8.4 Attorney’s Fees and Costs

8.5 Waiver

9. Indemnity/Hold Harmless

10. Developer’s Indemnity of Project Approval

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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1 PUBLIC IMPROVEMENT AGREEMENT
THIS PUBLIC IMPROVEMENT AGREEMENT (this “Agreement”) is entered into this 5th day of September, 2023, by and between the CI TY OF CHINO, a munici pal corporation, organized and existing in the County of San Bernardino, under and by virtue of the laws of the State of California, (“CITY”), and JL Power Investments, LLC, a California Limited Company (“DEVELOPER”).

RECITALS
A. Developer is the owner of certain rea l p roperty located i n the Ci ty of Chino, County of San Bernardino , State of California (the “Property”), as described o n Exhibit “A”, which Developer proposes to develop and construct certain works of improvement thereon, as hereafter set forth.

B. Developer entered into a purchase and sa le agr eement wit h the Chino Valley Unified School District , which requires the develope r to construct the off -site, backbone facilities supporting the future develo pment of the second school site in The Pres erve.

Currently, Lewis is looking to accelerate the required public improvements for the future twelve (12) acre school site located on the north-east corner of East Preserve Loop and Market Street (the “Project”).

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

D. The Developer acknowledges familiarity with 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 i ncorporated herein by re ference 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 c ost and expense, to construct or install, or cause to be constructed or installed the street, drainage, domestic water, sanitary sewer , street lighting, l andscaping, utility, and other improvements more fully described as Exhibit “B” attached hereto (the “Works of Improvement ”), as the same may be supplemented and revis ed from time to time a s s et forth in this Agreem ent (said plans and specifications, together with all related documents, the “Plans”). The estimated construction cost for the Works of Improvement is $39,700.00.
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2 1.2. Other Obligations Referenced in Conditions of Te ntative 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 Exhibit “B” attached hereto.

1.3. Intent of Plans. The intent of the Plans referenced in Section 1.1 is to prescribe a complete work of improvement which Developer shall perform or cause t o be perfo rmed in a manner acceptable to th e City Engineer, (or designee), and in full compliance with all codes and th e term s of this Agre ement. Developer shall complete a functional or opera ble improvement or facility, even though t he Plans may not speci fically call out all items of work required for Developer’s contractor to complete its tasks, incidental appurtena nces, materials, and the like. If any omissions are made or information neces sary to car ry out the full intent and mean ing o f the Plans, Developer or i ts c ontractor shall imme diately n otify its design engineer who will seek approval of the City Engineer f or furnishing of detailed instructions. In the event of any doubt or question arising re garding the true meaning of any of t he Plans, reference shall be made to the City Engineer whose decision thereon shall be final.

Developer recognizes that the Plans consist of general drawi ngs. All authorized alterations affecting the requir ements and information given on the Plans shall be in writing and approved by the C ity Engineer. The Plans shall be supplemented by such working or shop drawings as are necessar y to adequately control t he work. Without the C ity Engineer’s prior written a pproval, no change shall be made by Developer or its contractor to any pla n, specification, or working or shop drawing after it has been stamped as approved.

1.4. Performance of Work . Developer shall furnis h or cause to be furnis hed all materials, labor, tool s, equipment, utilities, transportation, and incidentals required to perform Developer’s obligations under this Agreement.

1.5. Changes in the Work . The City Engineer, without inval idating this Agreement and without notification to any of the sureties or fina ncial institutions referenced in Paragraph 4, may order extra work or may make changes by altering or deleting any portion of the Works of Improvement as specified herein or as d eemed necessary or desirable by the City Engineer as determined necessary to a ccomplish t he purposes of thi s Agre ement a nd to protect the public health, safety, or welfare. The City Engineer shall notify Developer or its c ontractor in writing (by Correction Notice) at the time a determination has been made to require changes in the work. No f ield changes perfo rmed o r p roposed b y Developer or it s co ntractor s hall be binding on City unless approved in writing by the City Eng ineer. The City and Developer may mutually agr ee upon chang es to the Works of Impr ovement, subject to the securi ty requirements in Section 4.

1.6. Defective W ork. Developer shall cause its con tractor to re pair, r econstruct, 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 Impro vement have been prepared by or on behalf of Developer or its co nsultants or c ontractors, a nd City makes no representation or warranty, express or implied, to Developer or to any other person regarding the adequacy of the Plans or related documents.
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3 1.8. Authority of the City Engineer . I n addi tion to the authority granted to the City Engineer elsewhere in this Agreement, the City Engineer shall have the authority to decide all questions which may arise as to the quality and accept ability of materials furnished and work performed, and all questions as to the satisfactory an d acceptable fulfillment of the terms of this Agreement by Developer and its contractor.

1.9. Documents Available at th e Site. Developer shall cause its contractor t o keep a copy of all approved Plans at the job site and shall give access thereto to the City’s inspectors and engineers at all times.

1.10. Inspection. Developer shall have an a uthorized representative on the jo b site at all times durin g which work is being d one who has full authority to act for Developer, or its design en gineer, and Developer’s contr actor(s) regar ding th e Works of Im provement.

Developer shall cause its contract or to furnish the City with every reasonable f acility for ascertaining whether or not the Works of Improvement a s performed are in accordance with the requirements and intent o f th is Agreeme nt, inc luding the Pl ans. If the City inspector requests it, the Developer’s contractor, at any time before acce ptance of the Works of Improvement, shall remove or uncover such p ortions of the finished work as may be directed which have not previously been inspected. After examination, the Developer’s contractor shall restore said portions of the work t o the standards required hereunder. Inspection or supervision by the City Engineer (or designee) shall not be considered as direct control of the individual workmen on the job site. City’s inspectors shall have the autho rity to stop any and all work not in accordance with the requirements contained or referenced in this Agreement.

The inspection of the work b y City shall not relieve Developer or its contractor of any obligations to ful fill this Agreement as herein provide d, and unsuitable materials or wor k may be rejected notwithstanding that such mate rials or work may have been pr eviously overlooked or accepted.

1.11. Compliance With Law; Applicable Standards for Improvements. In addition to the express provisions of this Agreement and the Plans, Developer shall cause construction of the Works of Improveme nt to be completed in accordan ce with all other applicable federal, state, and local laws, ordinances, rules and regulations. In addition, without limiting the foregoing, the Developer shall, at its expense, obtain and comply with the conditions of all necessary permits and licenses fo r the construction of the Wor ks of Improvement. The Developer shall also give all necessary notices and pay all fees and taxes as required by law.

Developer shall construct the i mprovements in accordance with the City standard s in effect at the time of the adoption of this Agreement. City reserves the right to protect the public safety or welfare or comply with applicable Federal or State law or City zoning ordinances.

1.12. Suspension of Work. The City Engineer shall have authority to order suspension of the work for fa ilure of the Developer’s contractor to comply with la w pu rsuant to Section

1.12. In case of sus pension of work for any cause what soever, Developer and its contractor shall be res ponsible for all materials and shall store them properly if necessary and shall provide suitable interim drainage and/or dust control measures, and erect temporary structures where necessary.
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4 1.13. Erosion and Dust Control and Environmental Mitigation. All grading, landscaping, and construction activities shall be performed in a manner to control erosio n and prevent flooding problems. T he C ity Engine er shall have the au thority t o require erosion plans to prescribe reasonable controls on the method, manner, and time of grad ing, landscaping, and construction activities to prev ent nuisanc es to surrounding properties. Plans shall include without limitati on temporary drainage and ero sion control requirements, dust contr ol procedures, restrictions on tru ck an d other construction traffic routes, noise abatement procedures, storage of material s and equipment, r emoval of garbage, trash, and refus e, securing the job site to prevent injury, and similar matters.

1.14. Final Acceptanc e of Works of Improvement . After Developer’s contractor h as completed all of the Works of Improvement, Developer shall then request a final inspection of the work. If items are found by the City’s inspectors to be incomplete or not in compliance with this Agreement or any of the require ments contained or referenced herein, City will inform the Developer or its contractor of such items. After the Developer’s contractor has com pleted these i tems, t he procedure shall the n be the same as specified above for the Developer’s contractor’s initi al re quest f or final insp ection. If items are f ound by City ’s inspector s to b e incomplete or not in compli ance a fter tw o (2) “final” inspections, the City may req uire t he Developer or its contractor, as a condition to per forming further field inspections, to submit in writing a d etailed statement of th e work performed subsequent to the date o f the previous inspection which was found to be incomplete or not in compliance at that time. Developer shall be responsible for pay ment to City Engineer of re -inspection fees in the amount n ecessary to cover the City’s costs for additional final inspections, as determined by the City Engineer.

No inspection or acceptance pertaining to specific parts of the Works of Improvement shall be construed as final acceptance of any part until the overall final acceptance by the City Engineer is made. The City Engineer shall make a c ertification of completion and acce ptance on the Works of Improvement by recordation of a Notice of Acceptance on b ehalf of the City.

Final acceptanc e sha ll not constitute a waiver by the City Engineer of defective work subsequently discovered.

The date o n which the Works of Improvement wi ll be considered as complete shall be the date of the Notice of Acceptance.

1.15. Vesting of Ownership. Upon recordation of the Notice of Accepta nce, ownership of the Works of Improvement shall vest in the City.

1.16. Developer’s Obl igation t o Wa rn Pu blic During Const ruction. Until recordation of the Notice of Acceptance, Developer shall give goo d and adequate warning to the publ ic of any dangerous condition of the Works of Improvements and shall take rea sonable actions to protect th e publ ic from such dangerous condit ion. Until re cordation of t he Noti ce of Acceptance, Developer shall provide forty-eight ( 48) hours’ advance writte n not ice to all neighboring property owners and tenants affected by Developer’s operations or construction of the hours, dates and duration of any planned construction activities.

1.17. Injury to Public Improvements, Public Pro perty or Public Utility. Until recordation of the Notice of Acceptance of the Works of Improvement, Developer assumes responsibility 161
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5 for the care and maintenance of, and any da mage to, the Works of Improvements. Developer shall replace or repair all Works of Improvements, public property, public utility facilities, and surveying or subd ivision monuments and benchmar ks which ar e destroyed or dam aged f or any reason, regardless whe ther resulting from t he acts of th e Developer, prior to the recordation of the N otice of Acceptance. Developer shall be ar the entire cost o f such replacement or r epairs regardless of what enti ty owns the underlying property. Any repair or replacement shall be to the satisfaction, and subject to the approval, of the City Engineer.

Neither the City, nor any officer or employee thereof, shall b e liable or responsible for any accident, loss or dam age, regard less of cause, occ urring to the work or Works of Improvements prior to recordation of the Notice of Acceptance of the work or improvements.

2. Time for Performance.

2.1. Commencement and Completion Dates. Subject to Secti ons 2.2 and 2.3 below, Developer shall (i) commence with co nstruction and installation of the Works of Impro vement thirty (30) d ays 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 cause exists as determined by the City Engineer, the ti me for commencement of construction o r completion of the Works of Impro vement hereunder may be extended by up to three (3) additional one-year periods. Extensions shall be executed in writing by t he City Engineer. The City Engi neer in his o r her s ole discr etion determines whether the Developer has established good caus e for an ext ension. As a condition of such exten sion, the City Engineer may re quire Developer to furnish ne w security guaranteeing performance of this Agree ment, a s extended, i n an incr eased amount to compensate for any in crease in construction costs as de termined by the City Engi neer. If Developer requests and is granted an extensi on of time for completion of the improvements, City may apply the standards in effect at the time of the extension.

2.2. Phasing Requirements. Notw ithstanding the provisions of Sect ion 2.1, the City reserves the right to control and regulate the phasing of co mpletion of specific Works of Improvement as re quired to comply with applicable City ordinances, r egulations, and rules relating to the timely p rovision of public services and fa cilities. 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 m ay be a mended from t ime to ti me, Developer acknowledges City ’s right to withhold the issuance of fur ther building permits on the Property until such phasing requirements are sati sfied. Prior to issuance of building permits, Developer shall p rovide satisfactory e vidence that all appli cable requirements that are a conditi on to issuance of building permits have been s atisfied. Suc h requirements may incl ude the payment of fees, construction of improvements, or b oth. Final i nspections or issuance of Certificates of Occupancy may be withheld from the Developer by the City, if , upon a determination by the City Engineer, completion of specific Works of Improvements or other requirements associated with the developme nt of the Property have not been co mpleted to the City E ngineer’s satisfaction.

2.3. Force Majeure. Notwithstanding th e provisions of Section 2.1, Developer’s time for commencem ent and completion of t he Works of Improvement shall be extended for the 162
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6 period of any enforced delay caused due to c ircumstances beyond the control and without the fault of Developer, including to the extent applicable adverse wea ther conditions, flood, earthquakes, strikes, lockouts, pandemics, acts or failures to act of a public agen cy (including City), required changes to the scop e of work required by City, a nd similar causes; provided, however, that the period of any enforced d elay hereunder shall not include any period long er than five (5) days prior to City’s rec eipt of a written notice from Developer or its contractor detailing the gr ounds for Developer’s claim to a right to extend its time f or performance hereunder. The City Eng ineer s hall evaluate all claims to Force Ma jeure and make a reasonable de termination regarding the len gth of any ex tension of time for co mmencement and/or completion of the Works of Improvement and the City Engineer’s decision shall be final.

2.4. Continuous Wo rk. A fter commencement of construction of the Works of Improvement (or separate po rtion thereof), Developer shall cause such work to be diligently pursued to completion, and shall not abandon the work for a consecut ive period or more than 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 applicable provisions of the L abor Code including, but not limited to, the w age and hour, prevailing wage, wor ker c ompensation, and var ious other labor requir ements in Division 2, Part 7, Chapter 1, including section 1720 t o 1740, 1770 to 1780, 1810 to 1815, 1860 to 1861, which provisions are s pecifically incorporated herein by re ference as set forth herein in their entirety. Developer shall expressly require compliance with the provisions of this Section in all agreem ents w ith con tractors and subcontra ctors for the performance o f the Works of Improvement.

3.2. Nondiscrimination. In a ccordance with the California Fair Employment and Housing Act (“FEHA”), California Government Code Section 12940 et seq., Developer agrees that Developer, its agents, employees,2 contractors, and subcontractor performing any of the Works of Improvement shal l not discriminate, in any way, against any person on the basis of race, ethnicity, religious creed, color, national origi n, ancestry, physic al dis ability, me ntal disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexu al or ientation, o r military and veteran status . Developer shall expressly requ ire complia nce with the provis ions o f this Section in all agreeme nts with contractors and subcontractors for the performance of this Agreement.

3.3. Licensed Contractors. Developer shall cause all of the Works of Improvement to be constructed by contractors and subcontractors with valid California Contractors’ licenses for the type of w ork bei ng performed. All of Developer’s contractors and subcontra ctors shall obtain a valid City o f Chino business license prior to performing any work pursuant to this Agreement. Developer shall provide th e City Engineer with a list of all of its contractors and subcontractors prior to initiating any work, and all vali d Contractor ’s licenses and busin ess licenses issued thereto as a condition of constructing the Works of Improvements.

3.4. Worker’s Compensation . Developer shall cause every cont ractor and subcontractor performing any of the Works of Improvement to carry Wor kers’ Compensation 163
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7 Insurance as required by the Labor Code of the State of Califo rnia and shall cause each such contractor and subcontractor to sub mit to City a Certificate of Insurance veri fying s uch coverage prior to such contractor or subcontractor entering onto the job site.

4. Security.

4.1. Required Security.
(a) At the time Developer executes this Agreement, Developer shall furnish to City the follo wing b onds, letters of credit, inst ruments of cre dit (as signment of deposit ac count) or other security acceptable t o City in its sole and absolute discretion and satisfying the requirements of the applicable provisions of this Section 4 below (hereinafter “Security Instruments”):
(i) A Security Instrument securing Developer’s faithful performance of all of the Works of Imp rovement ( “Faithful Performance S ecurity Instrument”), in the amount of $39,700.00 equal to 100% of the estimated construction cost referenced in Section 1.1.
(ii) A Security In strument guarante eing th e payment to contractors, subcontractors, and other persons furnishing labor, materials, and/or equipment (“Labor and Materials Security Ins trument”) with respect to the W orks of Im provement in an a mount equal to $19,800.00 equal to 50% of the estim ated co nstruction co st referenced in Section 1.1.

This Agreement shall not be effective for any p urpose until such Security Instruments are supplied to and approved by City in accordance herewith. (b) Required Security Inst rument for Maintenan ce and Warranty. Prior to the City C ouncil’s acceptance of the Works of Improvem ent and recordation of a Notice o f C ompletion, Developer shall deliver a Security I nstrument warranting the work a ccepted fo r a pe riod of on e (1) year foll owing said acceptanc e (“Maintenance a nd Warranty S ecurity Instrument”), in the amount of $4,000.00 equal to 1 0% of the estimated con struction cost set forth in Se ction 1.1 or a suitable amount determined by the City Engineer.

4.2. Form of Secur ity Instruments. All Security I nstruments shall be in the amounts required under Section 4.1 (a) or 4.1(b), as a pplicable, shall meet the following minimum requirements, may be secured by either developer or its construction contractor, and otherwise shall be in a form provided by City or otherwise approved by the City Attorney:
(a) Bonds. For Security In struments provided in the form of bonds, any such bond must be issued and executed by an insurance company or bank authorized to tr ansact surety business in the State of C alifornia. Any insurance company acting as surety sh all ha ve a minimum rating of A -IX, as rated by the cu rrent edition of Best’s Key Rating Guide published by A.M. Best’s Company, Oldwick, 164
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8 New Jersey, 08858. Any bank acting as surety shall have a minimum r ating of AA, as rated by Moody’s or Standard & Poor’s.
(b) Letters of Credit. For Secur ity Instruments which are letters of credit, any letter of credit shall be an original separate unconditional, irrevocable, negotiable and transferable commercial letter o f credit issued by a financial instit ution with offices in the State of California acceptable to City. Any such letter of credit shall specifically permit City to draw on same by unil ateral certificat ion of t he City Engineer of the City that Developer is in de fault under its payment or performance obligati ons he reunder or in the event Developer fails to deli ver a replacement letter of c redit not less than thirty (3 0) days prior to the date of expiration of any such letter of credit and shall further be subject to the provisions of Section 4.4.
(c) Instrument of Credit. For Security Instrumen ts which are Instrum ents of Credit, any Instrumen t of Credit shall be an assig nment of deposit acco unt assigning as security to City all of Developer’s interest in funds on deposit in one or more bank accounts with financial institutions acceptable to City. (d) General Requirements for all Security Instruments.
(i) Payments under any Securi ty Instruments shall be required to be made (and, with respect to bonds, litigation shall be required to be instituted and maintai ned) in the Cit y of Chino, State of California (and the Security Instrument shall so provide).
(ii) Each Security Instrument shall have a minimum term o f one (1) year af ter the deadline for Developer’s completing the Works o f Improvement, in accordance with Sec tion 2.1 (other than Instruments of Credit, whic h shall have no defi ned ter m or expiration date).
(iii) Each Security Instrument sha ll provide that changes may be made in the Wor ks of I mprovement pursuant to the terms of this Agreement without notice to any issu er or surety an d with out affecting the obligations under such Security Instrument. (iv) If the Developer seeks to replace any security with another security, the replace ment sha ll: (1) comply with all the requirements for security in this Agreement; (2) be prov ided by the Developer to the City Engineer; and (3) upon its written acceptance b y the City Engineer, be deemed a part of this Agreement. Upon the City Engineer’s a cceptance of a replacement security, the former security shall be released by the City.

4.3. Developer’s Liability. While no action of Developer shall be required in order for City to realize on its security under any Sec urity Instrument, Developer agrees to cooperate with City to facilitate City ’s realization un der any Security Instrument, and to t ake no action t o 165
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9 prevent City from such realization of any Security Instrument. Notwithstanding the giving of any Security Instrument or the subseq uent expiration o f any Se curity Instrument or any failure by any surety or financial institution to perform its obligations with respect thereto, Developer shall be personally l iable for performance under this Agreement and for payment of the cost of the labor and material s for th e improvements required to be constructed or in stalled hereby and shall, within ten (10) days after written demand therefor, deliver to City such substitute security as City shall require satisfying the requirements in this Section 4.

4.4. Letters of Credit.
(a) In the event a letter of credit is given pursuant to Section 4.2(b), City shall be ent itled to draw o n any such letter of credit if a replacement letter o f credit (expiring in not le ss than one (1) year, unless C ity agrees to a lesse r term in City’s sole and absolute discretion) is not delivered not less than thirty (30) days prior to the expiration of the original letter of credit, such substitute letter of credit being in the same amount and having the terms and conditions as the initial letter of credit delivered hereunder, issued by a financial instit ution acceptable to City as of the date of delivery of the replacement letter of credit. (b) In the event of draw by the City on a letter of credit, the City may elect , in its sole and absolute discretion, to apply any such funds drawn to the obligations secured by such letter of credit or to hol d such funds in an account under the control of the City, with no in terest accruing thereon for the benefit of the Developer. If the City elects t o hold the funds in an ac count p ursuant to the foregoing, City may there after at any time elect instead to ap ply such funds as provided in the foregoing. Developer agrees and h ereby grants City a security interest in such account to t he extent required fo r City to realize on its interests therein and agrees to execute and deliver to City any other documents requested by City in order to evidence the creation and perfection of C ity’s security interest in such account.

4.5. Release of Securi ty Instruments. The City shall release all Security Instruments consistent with Government Co de Se ctions 66499.7 and 66499.8 , Sect ion 1 9.09.010 o f the Chino Municipal Code, and as follows:
(a) City shall release the Faithful Performance Security Instrument and Labor and Materials Security Instrument when all of the following have occurred:
(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 deli vered the Mainten ance and Warranty Security Instrument; and
(iv) after passage of the time within which lien claims are required to be made pursuant to Title 3 (c ommencing with Secti on 9000) of 166
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10 Part 6 of Division 4 of the Civil Code of the State of California. If lien claims ha ve been timely filed, City shall hold the Labor and Materials Security Instrument until such claims have been resolved, Developer has provided a statutory bond, or otherwise as required by applicable law.
(b) City shall release the Maintenance and Warranty Security Instrument upon Developer’s written request upon the e xpiration of the warranty period , and settlement of any claims filed during the warranty period. (c) The City m ay retain from any se curity released, an amount suf ficient to 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 Constr uction. Developer shall be responsible for payment of al l costs incurred for construction and installation of the Works of Improvement. In the event Developer is entitled to reimburseme nt from City fo r any of the Works of Improvement , such reimbursement shall be subject to a separ ate Reimbursement Agreement to be entered into between Developer and 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 C ity for all o f City ’s costs reasonably incurred in having its authorized repres entative make the usual a nd cust omary inspections of the Works of Improvement. In addition, Developer shall c ompensate City for al l design, plan check, evaluating any proposed or agreed-upon changes in the work. The procedures for deposit and payment of s uch fees shall be as esta blished by the City. In no event shall Developer be entitled to additional inspectio ns or a final i nspection and acceptance of any o f the Works of Improvement until all City fees a nd charges have been fully pai d, including without limitation, charges for applicable penalties and additional required inspections.

5.3. Payment of Development Impa ct Fees. Developer shall pay Development Impact Fees pursuant to and in acc ordance with Chino Mu nicipal Code Chapter 3.40 and Chapter

3.45, as applicable.

6. Acceptance of Off ers of Dedication. The City Council shall pas s as appropriate resolution or resolu tions accepting all o ffers of dedication shown o n the approvals for the Project, with acceptance to become effective upon comp letion and acceptance by City of the Works of Improvement.

7. Warranty of Work . Developer shall gua rantee all Works of Improvement against defective mat erials and workmanship for a period of one (1) year fr om the date of final acceptance. If any of the Wor ks of Improvement should fail or prove defective within said one (1) year period due to any r eason other than improper maintenance , or if any settlement of fill or backfill occur s, or should any por tion of the W orks of Improve ment fail to fulfill any requirements of the Plans, Developer, withi n fiftee n (15) days after written notice of such 167
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11 defects, or within such shorter time as may reasonably be determined by the City in the eve nt of emergency, sha ll commence t o repair or rep lace the same together with an y o ther work which may be damaged or d isplaced in so doing. Should Developer fail to remedy defective material and/or workmanship or m ake replac ements or repairs within the peri od of time set forth above, City may make such repairs and replacements and the actual cost of the required labor and materials shall be chargeable to and payable by Developer. The warranty provided herein sh all not be in l ieu of , but shall be in addition to, any warranties o r other obligations otherwise imposed by law.

8. Default.

8.1. Default by Developer. Default by Developer shall include, but not be limited to:
(a) Developer’s fai lure to timely commence construction of Works of Improvement under this Agreement;
(b) Developer’s failure to timely complete constructio n of the Works of Improvement;
(c) Developer’s failure to perform substantial construction work for a period for 20 consecutive calendar days after commencement of the work; (d) Developer’s insolvency, appointment of a receiver, or the filing of any petition in ba nkruptcy, either voluntary or involuntary, which Developer fails to discharge within 30 days;
(e) The commencement of a foreclo sure action against the Property or a portion thereof, or any conveyance in lieu or in avoidance of foreclosure; or (f) Developer’s failure to perform any other obligation under this Agreement.

8.2. Remedies. The City reserves all remedies available to it at law or in equity for a default or breach of Developer’s ob ligations under this Agreement. T he City shall have t he right, subject to this Section, to draw upon or use the appropriate security to mitigate the City’s damages in the event of default by Developer. The City’s right to draw upon or use the security is in addition to any other remedy available to City. The parties acknowledge that the estimated costs and security amounts may not reflect the actual cost of construction of the improvements and, therefore, City’s damages for Developer’s defaul t shall be meas ured b y the cost of completing the required improvements. The City may use the su ms provided by the securities for the completion of the Works of Improvement in accordance with the plans. In the event the Developer fails to cure any default under this Agreement within 20 days after the Ci ty mails a notice of such default to the Developer and the Developer’s surety, Developer authorizes the City to perf orm the obligation for which Developer is in default an d agrees to pay the entire cost of su ch performance by the City. The City may take ov er the work and comp lete th e Works of Improvemen t, by contract or by any other method City deems ap propriate, at the expense of the Developer. In such event, City, without liability for doing so, may complete the Works of I mprovement using any of Developer’s materials, applia nces, p lans a nd other 168
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12 property that are at the work site a nd that are necessary to complete the Works of Improvement.

8.3. Remedies Not Exclusive. In any case where this Agreement provides a specific remedy to City for a default by Developer hereunder, the Developer agrees that the choic e of remedy or remedies for Developer’s breach sha ll be in the disc retion of the C ity. Additionally, any remedy specifically provided in this Agreement shall be in addition to, and not exclusive of, City’s right to pursue any o ther administrative, legal, o r equitable remedy to which i t may by entitled.

8.4. Attorney’s Fees and Costs. In th e event that Developer fails to perform any obligation under this Agreement, Developer agrees to pay all costs and expenses i ncurred by City in s ecuring performance of such o bligations, including costs o f s uit and reasonable attorney’s fees. In the event o f any dispute arising out of Developer’s performance of its obligations under this Agreement or under any of the Security Ins truments referenced herein, the prevailing party in such action, in addition t o any other relief wh ich may be grante d, shall be entitled to recover its reasonable attorney ’s fees and costs. Such attorney’s fees and cost shall include fees and costs on any appeal, and in addi tion a party entitled to atto rney’s fees and costs shall b e entitled to all oth er reasonable costs incurred in investigating such action, taking deposi tions and discovery, retaining expert witnesses, and all o ther necessary and related costs with respect t o the litigation. All such fe es and costs shall be deemed to have accrued on commencement of the action and shall be enforceable whether or not the act ion is prosecuted to judgment.

8.5. Waiver. No waiver by the City of any breach or default by the Developer shall be considered valid 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 an y officer, empl oyee o r agent thereof shall not b e liable for any inj ury to persons or property oc casioned by reason of the act s or omissions of Developer, its agent s, employees, contractors and subcontractors in the per formance of this Agreement. Developer further agrees to protect, defend, indemnify an d hold harmless City, its officials, boards and c ommissions, and members there of, agents, and emplo yees from any and all claims, demands, causes of action, liability or lo ss of any sort, because of, or arisin g out of, acts or omissions of Developer, its agents, employees, contractors and subcontractors in the performance of this Agr eement, except for su ch claims, demand s, causes of ac tion, liability or loss arising out of t he so le active negligence of the City , its officials , boar ds, commissions, the member s thereof, agents an d employees, including all cl aims, 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 inde mnification and agreement to hold harmless shall extend to injuries to persons and damages or tak ing of property resulting fro m the design or construction of said Project, and the public improvements as provided herein, and in addition, to adjacent property owners as a c onsequence of the diversion of wa ters from the design and construction of public d rainage systems, streets and other improvements. R ecordation of the Notice of Acce ptance by the City of the Works of Improvements shall not constitute an assumption by the City of any responsibility for any damage or taking covered by this Section.

City shall not be responsible for th e design or construct ion of the proper ty to be dedicated or 169
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13 the improvements pursuant to the approved improvement p lans or map, re gardless of any negligent action or inaction tak en by the City in ap proving the p lans or map, unl ess the particular improvemen t d esign was specific ally required by City ove r writt en objection by Developer submitted to t he Ci ty Engineer before approval of t he particular i mprovement design, which objectio n indicated that the particular i mprovement desig n was dangerous or defective and suggested an alternative safe and feasible design.

After recordation of the Notice of Ac ceptance, the Developer shall remain obligated to eliminate any latent defect in desi gn or dangerous cond ition c aused by the design or construction defect for a pe riod of o ne (1) year ; however, Developer shall not be responsible for routine maintenance. It is the intent of this section that Developer shall be responsible for all liability for design and cons truction of the improvements installed or work done pursua nt to this Agreement and that City shall not be liable for any negligence, nonfeasance, misfe asance or malfeasance in approving or reviewing any work or construction. The improve ment security shall not be required to cover the provisions of this Paragraph.

Developer shall reimburse the City f or all costs and expenses, including but not limited to fees and charges of architects, engi neers, attorney s, and other professionals, and c ourt costs, incurred by City in enforcing this Section.

10. Developer’s Indemnity of Project Approval. Developer shall defend, indemnify, and hold harmless the City and its a gents, officers, a nd employees from a ny claim, actio n, or proceeding against the City or its agents, offi cers, or employees to attack, set aside, void, or annul, an approval of the Cit y, advisory agency, appeal board, or legislative body concerning the Project. The City sha ll promptly notify the Developer of any claim, action, or proceedin g and cooperate full y in the defense of any such claim, action, or proceeding. In the event City fails to promptly n otify the Developer of any claim, action, or proceeding , or if the City f ails to cooperate i n the defense, the Developer shall not thereafte r be responsible to defend, indemnify, or hold ha rmless the City. Nothing in t his Section prohibits the City from participating in the defense of any claim, action, or pro ceeding if City be ars its own attorne y’s fees and costs and defends the action in goo d faith. Developer shall not be required to pay or perform any settlement unless the settlement is approved by the Developer.

11. Insurance Requirements. Developer, at Developer’s sole cost and expense and for t he full term of this Agreement and any extension s thereto, shall obt ain and maintain all of the following minimum insurance re quirements in a fo rm approved by the City’s au thorized designee for Risk Management prior to commencing any work:
(a) Commercial Gene ral Liability p olicy with a minimum $1 million c ombined single limit for bo dily i njury and proper ty damage providing all of th e f ollowing minimum coverage without deductibles:
(i) Premises operations; including X, C, and U coverage; (ii) Owners’ and contractors’ protection;
(iii) Blanket contractual;
170
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14 (iv) Completed operations; and
(v) Products.
(b) Commercial Business Auto po licy with a minimum $1 million c ombined single lim it for bodily inj ury and property damage, providing all of the following minimum coverage without deductibles:
(i) Coverage shall apply to any and all leased, o wned, hired, or non - owned v ehicles used in pursui t of any of the activities as sociated with this Agreement; and
(ii) Any and all mobile equipment including cranes which are no t covered under th e above Commercial Business Auto p olicy shall have said coverage pr ovided under the Com mercial General Liability policy.
(c) Workers Compensation an d Employers’ Liability policy in accor dance with the laws of the State of California and prov iding coverage for any and all employees of the Developer:
(i) This policy shall provide coverage for Worker s’ Compensation (Coverage A); and
(i) This policy shall provi de coverage for $1,000,000 Employers’ Liability (Coverage B).
(ii) Pursuant to Labor Code section 1861, Developer by executing this Agreement certifies: “I am aware of the provisions of Section 3700 of the Lab or Code which requires every employer to be insured against liability fo r Workers’ Compensation o r t o un dertake self - insurance in accordance with the provisions of that Code, and I will comply wit h such provisions before commenci ng the performance of the work of this contract.”
(iii) Prior to commencement of wor k, the Developer shall file with the City’s Ri sk Manager a Certificate of Insurance or certif ication of permission to self -insure workers’ compensation conforming to the requirements of the Labor Code.
(d) Endorsements. All the following endorsements are r equired to be made a part of each of the above-required policies as 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 i nsurance with respect to any other valid and colle ctible insurance the City may po ssess, 171
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15 including any self - insured reten tion the City may have and any other insurance the C ity does possess shall be conside red excess insurance only.”
(iii) “This insurance shall act for each insured and ad ditional 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) days prior written notice of cancellation shall be given to the C ity of Chino in the event of cancellation and/or r eduction in coverage, except that ten (10) days prior written notice sha ll apply in the ev ent of cancellation for non -payment of p remium.” Such notice shall be sent to the Risk Manager at the address indicated in Subsection f below.
(v) Subsection d(iv ) herei nabove “Cancellation Noti ce” is the only endorsement required of the Wor kers’ Compensation and
Employers’ Liability policy.
(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 Insurance Commissioner.
(f) Proof of Coverage. Copies of all require d endorsements shall be attached to the Certific ate of Insurance whi ch shall be p rovided by the Developer’s insurance company as evidence of the co verage required h erein an d s hall be mailed to:

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

12. Environmental Warranty.

12.1. Prior to the ac ceptance of any dedi cations or Works of Improveme nt by City, Developer shall provide City with a written warranty in a form substantially similar to Exhibit “C” attached hereto and incorporated herein by reference, that:
(a) Neither the property to be dedicat ed nor Developer are in violation of any environmental law, and neither the pr operty to be dedicate d nor the Developer are subject to any existing, pending or threatened i nvestigation by an y federal, state or local governme ntal a uthority under or in connec tion with the environmental laws relating to the property to be dedicated. (b) Neither Developer nor any other person with Developer’s permission to be upon the property to b e dedicated shall use, generate, manufacture, produce, or release, on, under, or abou t the property to be dedicated, a ny Hazardous 172
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16 Substance except in compliance w ith all applicable en vironmental laws. For the purposes of this Agreement, the term “Hazardous Substances” shall mean any substance or material which is capable of posing a risk of injury to health, safety or pr operty, includin g all those materials and sub stances designated as hazardous or tox ic by an y federal, state or local law, ordinance, rule, regulation or pol icy, including but not limited to, all o f those materials and subst ances defined as “Toxic Materials” in Sections 66 680 through 66685 of Title 22 of the California Co de of Regulations , Divisi on 4, C hapter 30, as the same shall be amended from time to time, or any other mater ials requiring remediation under federal, state or local laws, ordinances, rules, regulations or policies. (c) Developer has not caused or permitted t he release of, an d has no knowledge of the release or presence of, any H azardous Substance on the property to be dedicated or the migration of any hazardous substance from or to any other property adjacent to, or in the vicinity of, the property to be dedicated. (d) Developer’s prior and present use of the property to be dedicate d has not resulted in the release of any hazardous s ubstance on the property to be dedicated.

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 th e presence of any hazardous substance on the property to b e dedicated or the migratio n thereof from or to any other property adjacent to, or in the vicinity of, the property to be dedicated. (c) Any claim s made o r t hreatened by any third party against City or the property to b e dedicated relatin g to any loss o r inju ry resulting from any hazardous substance; and
(d) Developer’s discovery of any occurrence or condition on a ny property adjoining or in the vicini ty of th e 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 . T his Agreement shall be binding upon a ll successors and ass igns to Developer’s right, title, and interest in and to the Property and an y portion thereof. Developer hereby consents to City recording this Agreement as official records of San Bernardino County, affecting fee t itle interest to th e Property to p rovide constructive notice of the rights and obligati ons incurred by Developer in the City’s approval of this A greement. In the eve nt the Property i s subseq uently conveyed by Developer to a third party p rior to completion of the Works of Im provement, wher eby th e third party is intended t o assume Developer’s responsibilities with regard to this Agreement, (the “Replacement Developer”), the 173
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17 rights and obligations of this Agreement shall transfer to the Replacement Developer; however, the Security Instruments required pursuant to Section 4 o f this Agreement, an d furnished by Developer as a condition of the City ’s approval of this Agreemen t, shall remain Developer’s responsibility to maintain until such time a s Developer and its Replacement Developer enter into a Tra nsfer and Assignment of Public Improvement Agreement, (the “Transfer Agreement”), to acknowledge the tran sfer of fee title to the Property from the Developer to its Replacement Developer, and to ack nowledge the right s and obligations a ssociated with this Agreement upon the Replaceme nt Developer, includ ing Rep lacement Developer’s responsibility to furnish replacement Security Instruments meeting the City’s approval pursuant to Section 4 of this Agreem ent. Until such t ime as a Transfer A greement, meeting the City’s approval, is executed by Developer and its Replacement Developer, and replacement Security Instruments meeting City ’s approval are furn ished by the Replacement Developer, Developer retains sole responsibility for maintaining all Security Instruments required pursuant to Sect ion 4 of this Agreement.

13.2. No Third Party Beneficia ries. This Agreement is int ended 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 Agree ment in any contract or, subcontractor, member of the general public, or other person or entity.

13.3. No Vesting Rights. Performance by the Developer of this Agreement shall not be construed to v est Developer’s rights with respec t to a ny 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 i n con nection with the performance of Developer’s obligations under this Agreement.

13.5. Time of the Essence. Time is of the essence of Developer’s performance of all of its obligations under this Agreement.

13.6. Notices. Unless otherwise specified in this Agreemen t, al l notices req uired or provided for under this A greement shall be in writing and delivered in person or sent by mail, postage prepaid and addressed as provided in this Section. Not ice shall be effe ctive on the date is delivered in person, or, if mailed , on the date of d eposit in the Unite d States Mail.

Notice shall be provided to the p ersons listed on Pag es 1 an d 2 of this Agreement by the parties for this purpose.

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

13.7. No Apportionment. Nothing contained in this Agreement s hall preclude City f rom expending monies pursuant to agreements concurrently o r previously executed between the parties, or from entering into agreements with other Developers for the apportionment of costs of water and sew er mai ns, or other improvements p ursuant to the provi sions o f the City ordinances providing, therefore. Nor shal l anything in the Agr eement commit Cit y to any such apportionment.
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18 13.8. Severability. I f any porti on of this Agreeme nt is held invalid by a court of competent jurisdiction, the remain der of the Agreement shall remain in full force a nd effect unless amended or modified by mutual written consent of the parties.

13.9. Captions. The captions of this Agreement a re 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. T his Agreement integrates all of the terms and cond itions mentioned herein, or incidental hereto, and supersedes all negotiations and previou s agreements betwee n the parties w ith re spect to all or part of the subject matter here of, exc ept as may be expressl y provided herein. All waiver s o f the provisions of this Agreement must be in writing and signed by an authorized represen tative of the part y to be charged, an d all amendment s here to must be in writing and s igned by the appropriate representatives of both parties.

13.13. Counterparts. This Agreement may be execu ted in one or mor e counterparts, all of which taken together shall be deemed one original.

14. Authority. The persons executing this Agreement on behalf of the parties warrant the (I) party is duly organized and existing, (ii) they are dul y authorized to execute and deliver this Agreement on behalf of said party, (iii) by so execu ting this Agreement, such party is fo rmally bound to the provisions of this Agreement , and (iv) the enter ing into of this Agreement do es not violate any provisions of any other agreement to which said party is bound. [SIGNATURES ON NEXT PAGE]
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01225.0006/367559.3 B-1
EXHIBIT “B”

WORKS OF IMPROVEMENT
A. Removal of undesirable, dangerous and dead plant materials and roots.

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

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

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

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

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

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

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

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

J. Installation of concret e curbs, gutters, sidewalks, cross gutters, dr iveways and intersections as shown on approved construction pl ans and in accordance with City Standards.

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

L. Street signs at intersections per the City Standards.

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

N. Setting monuments as required by the State Code.

The Developer shall also perform all work and furnish all materials ne cessary, in t he opinion of the Director of Development Service s or his designee and on his order, to complete the improvements in accordance with the plans and specifications on file as hereinbefore specified, or any changes required or ordered by said Eng ineer which, in his opinion, are necessary or required to complete this work. 180
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MEMORANDUM

CITY OF CHINO

DEVELOPMENT SERVICES DEPARTMENT

CITY COUNCIL MEETING DATE: NOVEMBER 7, 2023

TO: LINDA REICH, CITY MANAGER
FROM: WARREN MORELION, AICP, DIRECTOR OF DEVELOPMENT SERVICES

SUBJECT
..titl e
Final Acceptance of Public Improvements for Tract Map No. 20232 (Lot 11), Taylor Morrison Communities, generally located south of Garden Park Street between West Preserve Loop and Main Street, north of Pine Avenue.
..end

RECOMMENDATION
1) Accept public improvements as complete for Tract Map No. 20232; 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.
..body

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

Revenue: Click or tap here to enter text.

Expenditure:

Transfer In: Click or tap here to enter text. Transfer Out: Click or tap here to enter text. 195
CITY COUNCIL MEETING DATE: NOVEMBER 7, 2023
TITLE: FINAL ACCEPTANCE OF PUBLIC IMPROVEMENTS - TRACT MAP NO. 20232 (TAYLOR MORRISON COMMUNITIES).

PAGE: 2

BACKGROUND
In 2003, the Planning Commission approved Chino Development Corporation’s (CDC) application for an “A” level Master Site Approval and Tract Map Nos. 16418 and 16419 to subdivide 370 acres of land to establish large parcels and major street systems for future development within the area generally l ocated south of Kimball Avenue between Hellman and Mill Creek Avenues, north of Pine Avenue for what is known as Phases 1 and 2 of The Preserve Specific Plan.

On May 20, 2019, the Planning Commission approved Tentative Tract Map No. 20223 (an “A” level map ) to further master plan and subdivide 10.12 adjusted gross acres of land for two developments (Tract Map Nos. 20231 and 20232) totaling 176 residential dwelling units within Lot 11 of Phase 2, which is located east of West Preserve Loop, south of Garden P ark Street and west of Main Street.

At the same Planning Commission meeting, William Lyon Homes received approval to develop the west portion of Lot 11 known as Tract Map No. 20232 (Exhibit A). Subsequently, William Lyon Homes was acquired by Taylor Morris on Communities. In addition, CDC requested approval to develop units on the remaining portion of Lot 11 known as Tract Map No. 20231, which was acquired by Lennar Homes.

The Conditions of Approval ("COA") for the “A” level map required CDC to complete the backbone improvements for the “B” level maps. Taylor Morrison Communities was conditioned to complete the in-tract improvements which include, but are not limited to private sewer, private streets, and public domestic water facilities. The public improveme nts necessitated the execution of a Subdivision Improvement Agreement and posting securities that were approved by City Council on February 2, 2021 (Exhibit B).

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 of Chino include 8” in-tract potable water lines. With approval by City Council, the maintenance obligations by the City will commence for the water improvements.

All required development related fees have been paid and security for a one -year warranty period has been submitted. Under the warranty bond obligation, the developer will correct any defects found within one-year of City Council’s acceptance of the project.

Attachment: Exhibit A - Tract Map 20232 Location Map
Exhibit B - Fully Executed Subdivision Improvement Agreement & Bonds Exhibit C - Public Improvements Index Map

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MEMORANDUM

CITY OF CHINO

DEVELOPMENT SERVICES DEPARTMENT

CITY COUNCIL MEETING DATE: NOVEMBER 7, 2023

TO: LINDA REICH, CITY MANAGER
FROM: WARREN MORELION, AICP, DIRECTOR OF DEVELOPMENT SERVICES

SUBJECT
..titl e
Approve Final Tract Map No. 20380 generally located north of Legacy Park Street, west of East Preserve Loop, south of Academy Street, and east of Main Street in The Preserve Specific Plan area.
..end

RECOMMENDATION
1) Approve Final Tract Map No. 20 380; 2) and authorize the City Manager to execute the necessary documents on behalf of the City.
..body

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

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CITY COUNCIL MEETING DATE: NOVEMBER 7, 2023
TITLE: LEWIS - FINAL TRACT MAP NO. 20380.

PAGE: 2

Revenue: Click or tap here to enter text.

Expenditure:

Transfer In: Click or tap here to enter text. Transfer Out: Click or tap here to enter text. 263
CITY COUNCIL MEETING DATE: NOVEMBER 7, 2023
TITLE: LEWIS - FINAL TRACT MAP NO. 20380.

PAGE: 3

BACKGROUND
In 2008, the City’s Planning Commission approved an “A” level Master Site Approval and Tentative Tract Map No. 16420 to subdivide 522 acres of land generally located south of Pine Avenue, west of Hellman Avenue, and north and east of Chino Corona Road for what is known as the South of Pine area in The Preserve. The purpose of the original Master Site Approval was t o establish large parcels, and phase major backbone street systems for both future residential and non-residential development within the master plan area.

On February 23, 2022, the City’s Planning Commission conditionally approved a Development Modification to the Master Site Approval and Tentative Tract Map No. 16420. The modification removed the phased development concept originally approved, divided the larger land area into smaller lots to be reconveyed for development , and established improvement areas for future development. It is important to note that the Developer Modification also incorporated conditions of approval for improvements along Pine Avenue for associated developments within the larger project area, including Block 9, to help facilitate needed improvements to the area.

At the same meeting , the City’s Planning Commission also conditionally approved an “A” level Master Site Approval to allow for the future development of a public K -8 school, community center, library, park, and a 209-unit rental community on 37.96 acres of land in the Community Core 16 and High-Density Residential land use designations located south of Market Street, north of Legacy Park Street, between Main Street and East Preserve Loop in The Preserve .

This project area is referred to as “Block 9” and is one of the neighborhoods within Tract Map No. 16420, which encompasses lots 33 through 37.

Subsequently, the City Council approved Final Tract Map No. 16420-4 for Block 9 to subdivide lots 33 through 36 (Exhibit A). Final Tract Map No. 16420 -4 excluded Lot 37 since it is being developed separately for the public K -8 school by the Chino Valley Unified School District. A public improvement agreement specifically for the school frontage improvements was appr oved by City Council on February 15, 2022. As part of the Engineering Conditions of Approval for Tract Map No. 16420 -4 the developer is required to design and construct public improvements including, but not limited to, residential amenities such as the co mmunity core promenade, storm drain, street, domestic and recycled water, and sewer improvements within and along Main Street, Legacy Park Street and Academy Street. The requirements made at the time of tentative map approval have been met with the executi on of the Subdivision Improvement Agreement and by posting the necessary securities to guarantee the construction of public improvements, which was approved by the City Council on March 21, 2023.

Following Final Tract Map No. 16420 -4 approval, o n March 21, 2022, the Chino Planning Commission conditionally approved Site Approval and Tentative Parcel Map No. 20380 to subdivide and develop the southern portion of the Block 9 area located north of Legacy Park Street, west of East Preserve Loop, south o f Academy Street, and east of Main Street (Exhibit B). The project consists of a 209 -unit rental community on 12.6 adjusted gross acres at a density of 16.59 dwelling units per acre. As stated previously, Tract Map No. 16420 incorporated conditions of appr oval for improvements along Pine Avenue for associated developments within the larger project area, including Block 9, to help facilitate needed improvements to the area. Although the conditions for Block 9 apply to this tract development, no off-site public improvements are being constructed because Lewis bonded for all the off -site improvements required under Block 9 with Tract Map No. 16420-4.

ISSUES/ANALYSIS
The requirements made at the time of tentative map approval have been met by the execution 264
CITY COUNCIL MEETING DATE: NOVEMBER 7, 2023
TITLE: LEWIS - FINAL TRACT MAP NO. 20380.

PAGE: 4

of the Subdivision Improvement Agreement for Tract Map No. 16420-4 and by posting the necessary securities to guarantee the construction of public improvements conditioned for Block 9. The City Attorney reviewed and approved the Subdivision Improvement Agreement and respective securities, which is attached as Exhibit C. Therefore, it is staff’s recommendation to the City Council to approve Final Tract Map No. 20380.

Attachments: Exhibit A - Location Map Tract Map No. 16420-4 Exhibit B - Location Map Tract Map No. 20380
Exhibit C - Subdivision Improvement Agreement Tract Map No. 16420-4

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MEMORANDUM

CITY OF CHINO

DEVELOPMENT SERVICES DEPARTMENT

CITY COUNCIL MEETING DATE: NOVEMBER 7, 2023

TO: LINDA REICH, CITY MANAGER
FROM: WARREN MORELION, AICP, DIRECTOR OF DEVELOPMENT SERVICES

SUBJECT
..titl e
Initiate the Annexation to the Lighting District No. 2002 -1 (Annexation/Zone No. 88) for Site Approval PL17-0082 located at 14085 Magnolia Ave nue and schedule the public hearing for January 16, 2024.
..end

RECOMMENDATION
1) Adopt Resolution No. 2023 -066 ordering the City Engineer to prepare and file a report for annexation of Site Approval PL17 -0082 to Landscape and Lighting District No. 2002 -1 (Annexation/Zone No. 88); 2) approve the Engineer’s Report; 3) schedule a public hearing for January 16, 2024; and 4) authorize the City Manager to execute the necessary documents on behalf of the City
..body

FISCAL IMPACT
There is no direct fiscal impact.

Revenue: Click or tap here to enter text.

Expenditure:

Transfer In: Click or tap here to enter text. Transfer Out: Click or tap here to enter text. 328
CITY COUNCIL MEETING DATE: NOVEMBER 7, 2023
TITLE: INITIATE THE ANNEXATION TO THE LIGHTING DISTRICT NO. 2002 -1 (ANNEXATION/ZONE NO. 88) FOR SITE APPROVAL PL17 -0082 LOCATED AT 14085 MAGNOLIA AVENUE AND SCHEDULE THE PUBLIC HEARING FOR JANUARY 16, 2024.

PAGE: 2

BACKGROUND
On October 21 , 20 19, the City’s Planning Commission conditionally approved Special Conditional Use Permit (SCUP) PL17-0081 and Site Approval (SA) PL17-0082, allowing Manifest Destiny Trucking Corporation (developer) to construct a 2,117 -square foot office building and establish a trucking facility on 4.5 acres of land located at 14085 Magnolia Avenue (Exhibit A).

As part of the Engineering Conditions of Approval requirements, the applicant is required to design and construct certain public improvements along the perimeter o f Edison and Magnolia Avenues including, but not limited t o, sidewalk, curb and gutter, landscaping , water and drainage improvements, street pavement, signing and striping, streetlights , and traffic signal modifications.

Along with the streetlight improvements, the Conditions of Approval required that the developer annex the property into the City’s Landscape and Lighting District No. 2002-1 (Annexation/Zone No. 88) for public streetlight maintenance along the project’s frontage, within the right-of-way.

Before the project moved forward with the construction of the streetlight improvements, the City decided to take a closer look at the existing street lighting on Edison Ave and Magnolia Ave by having the design engineer prepare a photometric study. Based on the study, it was determined that the existing streetlights along the project frontage were more than sufficient and met the City’s standards and lighting specifications. No additional streetlights were required; only the existing lights fronting the project must be annexed.

ISSUES/ANALYSIS
The property owner has requested the annexation of Site Approval PL17 -0082 into the City’s Landscape and Lighting District 2002 -1. Staff recommends that the City Council authorize the initiation of the annexation proce edings for the streetlights fronting the project on Edison and Magnolia Avenues as this will help foster a positive City image through the regular maintenance of these facilities.

According to State law, the City Council must, by resolution, order preparat ion of an Engineer’s Report (“Report”) estimating the annual assessment for each parcel for lighting facility maintenance, approve the Report, and by resolution order the initiation of the annexation process as set forth by State law. By way of ballots mai led to the property owners, the property owners are requested to register their support or protest for the annexation to Landscape and Lighting District No. 2002-1 (Annexation/Zone No. 88). The ballots shall be tabulated at a public hearing held no sooner than 45 days after the ballots have been mailed.

It is estimated that the annual assessment for this project will be $ 280.95 for the first year. The actual assessment will be based on actual costs, and the assessment amount is subject to change each year t o account for maintenance and energy cost changes up to the annual Consumer Price Index for the region.

Attachments: Exhibit A - Location Map
Exhibit B - Resolution No. 2023-066
Exhibit C - Engineer’s Report

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RESOLUTION NO. 2023-066

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHINO, CALIFORNIA

DECLARING INTENTION TO ANNEX PROPERTY TO LANDSCAPE AND
LIGHTING DISTRICT NO. 2002 -1, TO LEVY ASSESSMENTS ON SUCH PROPERTY FOR FISCAL YEAR 2023-24, SETTING THE TIME AND PLACE OF

A HEARING ON THE PROPOSED ANNEXATION, DETERMINING THE

DURATION OF SUCH ASSESSMENTS AND PROVIDING FOR ANNUAL

INCREASES IN THE AMOUNTS THEREOF AND FOR AN ELECTION THEREON FOR ANNEXATION NO. 88 OR ZONE 88.

WHEREAS, the City Council of the City of Chino (“City”) has initiated proceedings for the annexation of certain property to the Landscape and Lighting District No. 2002 -1 of the City pursuant to the Landscaping and Lighting Act of 1972, Part 2 (commencing with Section 22500) of Division 15 of the Streets and Highways Code, for maintenance and servicing of public street light facilities as provided in Section 22525 of the Streets and Highways Code; and WHEREAS, as ordered by the City Council, the City Engineer (“Engineer”), has filed with the City Council a report regarding the assessments which are proposed to be levied on and collected from the owners of such property in Annexation No. 88 or Zone 88 of the Landscape and Lighting District for fiscal year 2023-24 to pay the costs of the maintenance and servicing of such public lighting and appurtenant facilities, and that report has been presented to and considered by the City Council; and
WHEREAS, it is necessary that the City Council adopt a resolution of intention pursuant to Sections 22606 and 22587 of the Streets and Highways Code setting and providing for notice of the time and place of a public hearing on said report, the proposed annexation of such property to the Landscape and Lighting District No. 2002-1;

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CHINO AS FOLLOWS:

Section 1. Findings. The City Council finds that:
(a) The foregoing recitals are true and correct:
(b) The report of the City Engineer (the “Report”) contains all matters required by Sections 22565 through 22574 of the Streets and Highways Code and may therefore be approved by the City Council;
(c) The assessments which are proposed to be levied for fiscal year 2023-24 on all parcels of assessable property which are proposed to be annexed to the Maintenance District are based on special benefit conferred upon each such parcel from the payment of the costs of public lighting facilities and appurtenant facilities maintenance and servicing thereof; (d) The proportionate special benefit derived by each such parcel has been determined in relationship to the entirety of the capital cost of the maintenance and servicing of public lighting and appurtenant facilities; and
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RESOLUTION NO. 2023-066

Page 2 of 4 ends

Chino City CouncilNovember 7, 2023

Chino City Council
November 7, 2023