Agenda packet — Chino City Council, December 19, 2023

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, DECEMBER 19, 2023

REGULAR MEETING
AGENDA
CLOSED SESSION – 4:30 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)
Elise Brown v. County of San Bernardino et al. (Central District Court Case No. 5:20 cv 01116

MCS SP)

2. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to Government Code Section 54957
Title: City Manager

3. CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code Section 54957.6
Title: City Manager
City Designated negotiator: Fred Galante, City Attorney 1 CHINO CITY COUNCIL
DECEMBER 19, 2023 2

FLAG SALUTE

CEREMONIALS
Presentations
Chino Youth Christmas Parade Decorated Entry Competition Winners. Recognition of Chino Youth Christmas Parade Decorated Entry Competition Winners:

Best Use of Theme - American Heritage Girls Troop CA3130 Best Overall Walker - Chino American Little League
Best Overall Vehicle/Float - Cub Scout Pack 205

REPORT OUT OF CLOSED SESSION

AGENDA ADDITIONS/REVISIONS

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

PUBLIC COMMENTS
This is the time and place for the general 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 768402 to 768511, and Electronic Fund Transfers 518410E to 518469E, totaling $5,301,986.25.

2. Minutes. Regular Meeting Minutes for December 5, 2023 (All Members Present).

3. Elected City Officials’ Report Regarding Travel, Training, and Meetings. Receive and file the Elected City Officials’ Report reflecting City Council business related expenses incurred by the City.

4. Professional Services Agreement - Liebert Cassidy Whitmore. Approve a $60,000 increase to the Professional Services Agreement with Liebert Cassidy Whitmore, a labor and employment services law firm, for an amount not to exceed $110,000, for employment related services relating to Federal and State labor laws.

5. Establishing Equity for Regular Part -time Employees Holiday Leave. Adopt Resolution 2023-075 to revise the holiday pay criteria to create equity to ensure paid holiday equal to five (5) hours for all “regular”, part-time employees.
2 CHINO CITY COUNCIL
DECEMBER 19, 2023 3

6. Homeland Security Grant Program (HSGP) Acceptance. Authorize the acceptance of Homeland Security Grant Program (HSGP) in the amount of $23,902 for Fiscal Year 2021 and $22,843 for Fiscal Year 2022 to purchase a throwbot and police observation device (POD) cameras.

7. Justice Assistance Grant (JAG) Fund Interest Appropriation. Approve an additional interest appropriation of $73.31 to the Justice Assistance Grant Fund 135, grant G4211, with a corresponding increase to the grant revenue.

8. Justice Assistance Grant (JAG) 2022 Use Modification. Approve a modification to the use of 2022 Justice Assistance Grant G4239 in the amount of $22,413 and approve a purchase order and vendor cap increase for Am -Tec Total Security by up to $20,000, to purchase additional portable observation devices.

9. Justice Assistance Grant (JAG) 2023 Acceptance and Appropriation. Approve the 2023 JAG Memorandum of Understanding and Agreement; accept and appropriate grant funding in the amount of $24,141, for the future purchase of equipment supporting law enforcement.

NEW BUSINESS

10. Chino Rancho Park Development Project. Approve the award of contract, establish a Grant Number (G4069), and additional appropriation for the Chino Rancho Park Development Project (PK200).

Staff Report By: Jeff Benson, Parks & Capital Projects Manager RECOMMENDATION: 1) Award a construction contract in the amount of $3,254,984 to Act 1 Construction, Inc., Norco, CA for the Chino Rancho Park Development Project (PK200/G8201/G4069); 2) authorize expenditures of up to $488,247 for project construction contingencies, for a not -to-exceed potential contract amount of $3,743,231; 3) appropriate $1,630,700.91 from the unappropriated reserves of the Park Fund; 4) establish a Grant G4069 in the Park Fund 340 and additional appropriation and revenue in the amount of $1,000,000 from the San Bernardino County/City of Chino -American Rescue Plan Act and the Coronavirus Local Fiscal Recovery Fund; 5) approve the contract between San Bernardino County and the City of Chino Related to the American Rescue Plan Act and the Coronavirus Local Fiscal Recovery Fund; and 6) authorize the City Manager to execute all documents on behalf of the City.

11. Citywide Public Works Projects On -Call Consultant List. Approve the 2023 -2028 pre-qualified On-Call Consultant List for use of professional services for Citywide Public Works projects.

Staff Report By: Mussette Ayala, Management Analyst
RECOMMENDATION: 1) Approve the new 2023 -2028 pre-qualified On -Call Consultant List, comprised of seventy -two (72) professional and technical consultant firms, to provide professional services for Citywide Public Works projects; and 2) authorize the City Manager to execute the 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
3 CHINO CITY COUNCIL
DECEMBER 19, 2023 4
Council Member Burton
Council Member Flores
Council Member Lucio
City Manager's Report
City Attorney's Report
Police Chief's Report
Fire Chief's Report

ADJOURN
The next Regular Meeting of the City Council will be held on Tuesday, January 16, 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, December 14, 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.
4 MEMORANDUM

CITY OF CHINO

COMMUNITY SERVICES, PARKS & RECREATION DEPARTMENT

CITY COUNCIL MEETING DATE: DECEMBER 19, 2023

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

RECREATION

SUBJECT
..titl e
Chino Youth Christmas Parade Decorated Entry Competition Winners. ..end

RECOMMENDATION
Recognize the Chino Youth Christmas Parade Decorated Entry Competition Winners:
- Best Use of Theme: American Heritage Girls Troop CA3130 - Best Overall Walker: Chino American Little League
- Best Overall Vehicle/Float: Cub Scout Pack 205
..body

5 MEMORANDUM

CITY OF CHINO

FINANCE DEPARTMENT

CITY COUNCIL MEETING DATE: DECEMBER 19, 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 768402 to 768511, and Electronic Fund Transfers 518410E to 518469E, totaling $5,301,986.25. ..body

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

Revenue:

Expenditure:

Transfer In: Transfer Out:
6 CITY COUNCIL MEETING DATE: DECEMBER 19, 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. 518410E 11/20/23 23-24 $381,232.35

2. 518411E - 518769E 12/1/23 23-24 $1,473,796.65

3. 768402 - 768511 11/30/23 23-24 $3,446,957.25

E: Electronic Fund Transfer
TOTAL $5,301,986.25

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

RB:hm
Attachment

7 Council Meeting 12/19/23

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

Check
Number
Check Date Vendor Name Description Amount
518410 11/20/2023 WATER FACILITIES AUTHORITY IMPORTED WATER $381,232.35 768424 11/30/2023 CHINO BASIN WATERMASTER WATER PURCHASE $611,997.81 768451 HARDY & HARPER INC AS NEEDED PAVEMENT REPAIR $364,626.00 768452 HAZEN AND SAWYER WELLS 4 & 6 TREATMENT $62,226.25 768472 MNR CONSTRUCTION, INC. YORBA & EUCALYPTUS SEWER $1,506,953.08 768503 TOSHIBA AMERICA BUSINESS SOLUTIONS,
INC.

CITYWIDE COPIER MAINTENANCE $54,347.33
768508 WASTE MANAGEMENT REFUSE COLLECTION $560,741.07 518429 12/01/2023 CIVICA LAW GROUP, APC LEGAL SERVICES $63,948.62 518447 INLAND EMPIRE UTILITIES AGENCY RECYCLED WATER $1,116,974.46 518453 MERCHANTS LANDSCAPE SERVICES INC LANDSCAPE MAINTENANCE $55,318.02

10 TOTAL $4,778,364.99

8 MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: DECEMBER 19, 2023

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

SUBJECT
..titl e
Regular Meeting Minutes for December 5, 2023.
..end
..body

9 CHINO CITY COUNCIL

SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY

REGULAR MEETING - CITY HALL COUNCIL CHAMBERS
13220 CENTRAL AVENUE
CHINO, CA 91710
TUESDAY, DECEMBER 5, 2023

MINUTES
OPEN SESSION – 6:00 PM
_________________________________________________________________________________

CALL TO ORDER
The December 5, 2023, Regular Meeting of the Chino City Council / Successor Agency to the Redevelopment Agency was called to order at 6:00 p.m. by Mayor Eunice M. Ulloa in the Council Chambers.

ROLL CALL
PRESENT: Mayor Eunice M. Ulloa, Mayor Pro Tem Karen C. Comstock, Council Member Curtis Burton, Council Member Christopher Flores, and Council Member Marc Lucio ABSENT: NONE.

FLAG SALUTE
Mayor Pro Tem Comstock led the assembly in reciting the Pledge of Allegiance.

PERFORMANCE BY THE CHINO VALLEY COMMUNITY CHORUS
Mayor Ulloa welcomed the Chino Valley Community Chorus who performed a melody of holiday songs.

A brief recess was taken.

CEREMONIALS
2023 Sports Legends Youth Volunteer Award Winner. Recognition of the 2023 Sports Legends Youth Volunteer Award Winner, Tom Barr, Chino American Little League, for service to youth sports in the Chino Community.

Mayor Ulloa presented the 2023 Sports Legends Youth Volunteer Awards to Tom Barr, of the Chino American Little League, for service to youth sports in the Chino Community.

Business of the Month. Award of Business of the Month for December 2023 to Inland Empire Escrow.

Mayor Ulloa presented the Business of the Month Award for December 2023 to Inland Empire Escrow. Owner Linda Cooper, Roy Cooper, Kimberly Hohberg, and Kevin Cisneroz were present to accept the award.
10 CHINO CITY COUNCIL
DECEMBER 5, 2023 2
Mayor's Home Beautification Award. Award of Mayor’s Home Beautification Award for December 2023.

Mayor Ulloa presented the Mayor's Home Beautification Award for December 2023 to Nicholas Magallanez and his family who were present to accept the award.

AGENDA ADDITIONS/REVISIONS
City Manager Reich announced Consent Calendar Item No. 8 will be pulled and returned to staff for further review.

PUBLIC ANNOUNCEMENTS
Mayor Ulloa announced the following community events and announcements:

Chino Youth Christmas Parade and Fair takes place on Saturday, December 9, 2023 starting at 9:00 a.m. at Riverside Drive and Monte Vista Avenue and ending at Central and Chino Avenue. The Holiday Fair and Carnival will also take place at the Civic Center, offering carnival rides, a craft fair, live family entertainment, an assortment of food vendors, and Santa's Village at the Chino Youth Museum. For additional information, visit cityofchino.org/parade.

Chino residents are invited to show off their holiday cheer by submitting a photo of their decorated home for the 2023 Holiday Home Decorating Contest. The photos and addresses will help create a Chino Holiday Home map for public viewing and will be entered into an online poll for public voting to find the top 2023 Chino Holiday Home. Photo submissions are open from December 1 to December 13, with public voting from December 14 to December 20, 2023. The winner will be announced on December 21, 2023. For more details and the contest rules, visit cityofchino.org/holidayhome.

City Hall and most City facilities will observe a holiday closure or have limited hours starting December 22, with normal operations resuming on Tuesday, January 2, 2024. Waste Management waste collection services will be delayed by one day during the week of December 25 and the week of January 1.

PUBLIC COMMENTS
Pastor George Sasso, Calvary Chapel Chino Hills, provided the invocation.

Gil Aldaco, Board Member, Chino Basin Water Conservation District, provided an invitation to the 75th Anniversary Celebration Luncheon and provided the City Council with the District's annual calendar.

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. 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.

3. City Holiday Closure 2023. Approval of City Hall Closure and Essential Services for December 26-28, 2023.

4. Reappointment to West Valley Mosquito & Vector Control District (WVMVCD) Board of Trustees. Approve the reappointment of Council Member Christopher Flores to West Valley Mosquito and Vector Control District for a two year term. 11 CHINO CITY COUNCIL
DECEMBER 5, 2023 3

5. Appropriation of Earned Interest on Grant Funds. Approve the appropriation from the unappropriated reserves for AB3229 State COPS Grant Fund earned interest for additional grant expenditures for Police Department AB3229 grants FY 20/21 for $3,752.35; FY 21/22 for $4,690.99; and FY 22/23 for $1,449.21.

6. Community Facilities Districts Annual Reporting for Fiscal Year Ending June 30, 2023. Receive and file the Community Facilities Districts Report for the Fiscal Year Ending June 30, 2023 pursuant to Senate Bill 165.

7. Development Impact Fee Report for Fiscal Year 2022 -23. Receive and file the Development Impact Fee Report for Fiscal Year 2022-23.

ITEM NO. 8 WAS PULLED FROM THE CONSENT CALENDAR

9. Final acceptance of Public Improvements for Tract Map No. 18923, BMCH California LLC, generally located south of Schaefer Avenue, north of Southern California Edison Easement, east of Fern Avenue and west of Euclid Avenue. Final acceptance of Public Improvements for Tract Map No. 18923, BMCH California LLC, generally located south of Schaefer Avenue, north of Southern California Edison Easement, east of Fern Avenue and west of Euclid Avenue.

10. Covenant Agreement to Annex for Sanitary Sewer Service and Request Approval from the San Bernardino Local Agency Formation Commission (LAFCO) for the Property Located at 11667 Monte Vista Avenue within the City of Chino’s Sphere of Influence. Adopt Resolution 2023-070 conditionally approving a Covenant Agreement to Annex for Sanitary Sewer and request approval from the San Bernardino LAFCO for sanitary sewer service for the property at 11667 Monte Vista Avenue.

11. Covenant Agreement to Annex for Sanitary Sewer Service and Request Approval from the San Bernardino Local Agency Formation Commission (LAFCO) for the CarMax Vehicle Wholesale Auction Facility Project. Adopt Resolution 2023 -074 conditionally approving a Covenant Agreement to Annex for Sanitary Sewer Service and request approval from the San Bernardino LAFCO for sanitary sewer service for the Project at 11708 East End Ave.

Motion by Council Member Burton, seconded by Council Member Lucio, to approve the Consent Calendar Items No. 1 -7 and 9 -11, as presented. The motion carried by the following vote:

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

ABSENT: NONE.

ITEMS PULLED FROM CONSENT CALENDAR

8. Amendment to Agreement - CrossPoint Church. Approve the Third Amendment to the Contract between CrossPoint Christian Reformed Church of Chino and the City of Chino to allow for continued truck and container storage on church property.

City Manager Reich pulled Item No. 8 to return to staff for further review. 12 CHINO CITY COUNCIL
DECEMBER 5, 2023 4

MAYOR AND COUNCIL REPORTS
Mayor Ulloa
Mayor Ulloa reported the events attended since the last meeting including the Tree Lighting Ceremony; Association of California Water Agencies (ACWA) Fall Conference on behalf of the Chino Desalter Authority. Mayor Ulloa requested City Staff look into programs offered related to cyber risk prevention; and shared information about upcoming legislation regarding water usage regulations that will greatly impact communities.

Mayor Pro Tem Comstock
Mayor Pro Tem Comstock reported the events attended since the last meeting that included the League of California Cities Conference and provided an update on State measures that are being tracked, especially those that will affect local communities; Reindeer Romp 5K; and the Tree Lighting Ceremony.

Mayor Pro Tem congratulated the Business of the Month recipients and thanked the Chino Valley Community Chorus for the performance.

Council Member Burton
Council Member Burton reported on meetings and events attended since the last meeting including City Manager meetings; Association of California Water Agency (ACWA) Conference and noted his concerns with new legislation being proposed by the State that will impact many communities; and the Tree Lighting Ceremony.

Council Member Burton congratulated Board Member Harvey Luth for his appointment as President to the Chino Valley Fire District Board; and asked residents to take time to enjoy the holiday season.

Council Member Flores
Council Member Flores reported the events attended since the last meeting including the Association of California Water Agencies (ACWA) Conference and shared his concerns regarding water use and infrastructure related to Accessory Dwelling Units; Assemblymember Freddie Rodriguez' Open House and Toy Drive; Tree Lighting Ceremony; and a meeting with a resident related to code enforcement.

Council Member Lucio
Council Member Lucio reported the events attended since the last meeting that included the Tree Lighting Ceremony; City Manager meeting; Reindeer Romp 5K; and thanked San Bernardino County Supervisor Curt Hagman for his support of Chino Rancho Park.

City Manager's Report
City Manager Reich thanked the Community Services, Parks & Recreation and Public Works Department for their work on the Tree Lighting Ceremony and reminded the public about the January 2, 2024 City Council regular meeting cancellation.

City Attorney's Report
City Attorney Galante provided information regarding the proposed State measure and discussed the water conservation enforcement efforts and how they will impact municipalities.

Mayor Ulloa expressed concern with proposed water conservation regulations and how it will be difficult for municipalities to meet the requirements.
13 CHINO CITY COUNCIL
DECEMBER 5, 2023 5
Police Chief's Report
Police Chief Mensen provided an announcement encouraging the public to not drink and drive.

Chief Mensen introduced Corporal Alex Wright, Chino Police Officers Association, who announced the brand new Santa's Sleigh that will be visiting the Chino Community to spread cheer during the holiday season.

Fire Chief's Report
Deputy Fire Chief Jeremy Ault reported the San Bernardino County Board of Supervisors unanimously awarded the ambulance contract for San Bernardino County to CONFIRE, and noted that he is proud of the efforts that were made to achieve this support. Deputy Chief Ault reported a six month transition will take place with an official start of October 1, 2024, confirming there will be no lapse in service levels. Deputy Fire Chief Ault provided an update of events and services for the Chino Valley Fire District.

ADJOURN
The meeting was adjourned at 7:23 p.m. The next Regular Meeting of the City Council will be held on Tuesday, December 19, 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 19th DAY OF DECEMBER 2023.
________________________________
EUNICE M. ULLOA, MAYOR
________________________________

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

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: DECEMBER 19, 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:
15 CITY COUNCIL MEETING DATE: DECEMBER 19, 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

16 Event Date Meeting Purpose and
Subject Matter
Location City Official Attendees
None.
17 MEMORANDUM

CITY OF CHINO

FINANCE DEPARTMENT

CITY COUNCIL MEETING DATE: DECEMBER 19, 2023

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

SUBJECT
..titl e
Professional Services Agreement - Liebert Cassidy Whitmore. ..end

RECOMMENDATION
1) Approve a $60,000 increase to the Professional Services Agreement with Liebert Cassidy Whitmore, for an amount not to exceed $110,000; 2) appropriate $60,000 from the unappropriated reserves of the Employee Benefits Fund; and 3) authorize the City Manager to execute all necessary documents on behalf of the City.
..body

FISCAL IMPACT
Requires an appropriation from the unappropriated reserves of the Employee Benefits Fund 640. Sufficient reserves are available for this appropriation.

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
 Responsible Long-Range Planning

Revenue: Click or tap here to enter text.

Expenditure: 6405020-43510
Transfer In: Click or tap here to enter text. Transfer Out: Click or tap here to enter text. 18 CITY COUNCIL MEETING DATE: DECEMBER 19, 2023
TITLE: PROFESSIONAL SERVICES AGREEMENT - LIEBERT CASSIDY WHITMORE.

PAGE: 2

BACKGROUND
Liebert Cassidy Whitmore (LCW) is recognized as a leading labor and employment services law firm. The City is currently utilizing LCW for several employment related services relating to Federal and State labor laws.

ISSUES/ANALYSIS
The City Manager ha s approved a Professional Services Agreement with Liebert Cassidy Whitmore for $50,000. It is anticipated that the remaining services staff is requesting LCW’s research and assistance, will require another $60,000. LCW’s assistance is required to help the City in its efforts to comply with Federal and State labor laws. Therefore, staff is requesting that the City Council approve the agreement for an additional $60,000 bringing the total of the current contract to a not to exceed amount of $110,000.

Attachment - Liebert Cassidy Whitmore Professional Services Agreement

19 AMENDMENT NO. 2

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 LIEBERT CASSIDY WHITMORE a Professional Corporation, a legal firm (“Consultant”) is effective as of the 19th day of December, 2023.

RECITALS
A. City and Consultant entered into that certain Agr eement for Contractual Services dated July 1, 2022 (“Agreement”) whereby Consultant agreed to provide legal services.

B. City and Consultant entered into the First Amendment on August 11, 2023 to update Exhibit B, Schedule of Compensation and extend term.

C. City and Consultant now desire to amend the Agreement to increase compensation in an amount not-to-exceed $110,000.00.

TERMS

1. Contract Changes. The Agreement is amended as provided herein. (a) Section 2.1, Contract Sum, For the services rendered pursuant to this Agreement Consultant shall be compensated in accordance with the “Schedule of Compensation” attached hereto as Exhibit “B” and incorporated herein by this reference but not to exceeding the maximum contract amount of One-Hundred and Ten Thousand Dollars ($110,000)(“Contract Sum”).

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

3. Affirmation of Agr eement; 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 represents and warrants to the other that the Agreement is currently an effective, valid, and binding obligation.

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

4. Adequate Consideration. The parties hereto irrevocably 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]

21 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 Rob Burns, Department Director

CONSULTANT:

LIEBERT CASSIDY WHITMORE, A

PROFESSIONAL CORPORATION
By:

Name:

Title:

By:

Name:

Title:

Address: 6033 West Century Blvd, 5th Floor
Los Angeles, CA 90045

Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. 22 MEMORANDUM

CITY OF CHINO

HUMAN RESOURCES DEPARTMENT

CITY COUNCIL MEETING DATE: DECEMBER 19, 2023

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

MANAGEMENT

SUBJECT
..titl e
Establishing Equity for Regular Part-time Employees Holiday Leave. ..end

RECOMMENDATION
Adopt Resolution 2023 -075 to r evise the holiday pay criteria to create equity to ensure paid holiday equal to five (5) hours for all “regular”, part-time employees. ..body

FISCAL IMPACT
Requires an estimated appropriation from the funds listed: General Fund 100 $ 12,094; Transportation Fund 320 $ 2,207; Community Services Fund $ 36,457; Landscape and Lighting Fund $ 1,535, Sewer Fund $ 263, Liability Insurance Fund $ 578, Building Management Fund $922, Equipment Management Fund $1,831 for a total amount of $55,887 for the remai nder of the current fiscal year. There are sufficient reserves of fund balance in each of the funds mentioned above to cover the cost of the recommended adjustments.

Revenue: Click or tap here to enter text.

Expenditure: Various
Transfer In: Click or tap here to enter text. Transfer Out: Click or tap here to enter text. 23 CITY COUNCIL MEETING DATE: DECEMBER 19, 2023
TITLE: ESTABLISHING EQUITY FOR REGULAR PART -TIME EMPLOYEES HOLIDAY LEAVE.

PAGE: 2

BACKGROUND
Currently, part -time employees qualify for holiday pay equal to five (5) hours if the following criteria is met:
 Part-time employee holds a “regular” part-time position and is assigned on a regular and consistent basis to work 20 hours or more per week; and  Employee is pre-scheduled to work and the holiday falls on a day of the week in which they would normally be scheduled to work; and
 Employee must be paid for the regularly scheduled workday which immediately follows a holiday.

ISSUES/ANALYSIS
Part-time employees are an important and integral part of the City’s workforce. Part -time employees add flexibility and provide support to the organization as a whole. Considerable time is spent training part -time employees. In order to retain the part -time employees who have been acclimated to “Chino’s” culture and to maintain consistency in City operations, the approval of this change is an important step.

An essential number of our part -time staff serve as the workforce that supports several of our Community Services programs . Standardizing the holidays afforded to part -time staff establishes parity among these employees; all staff will receive the same benefit, not contingent on the schedule established on any particular work week.

In some instances, part -time employees become full -time employees through a recruitment process, and continue working with the City in an expanded capacity. Such employees are able to use the knowledge they gained during their tenure as a part -time employee and apply it to their full-time position.

With the impending closure of City Hall and non -essential services for December 26 -28, 2023, very few part -time employees currently qualify for holiday pay. In addition, regular part-time employees do not accrue any leave time other than sick leave. Therefore, employees assigned to City Hall and/or non-essential service areas will not be paid during this time.

If approved, the following language will be removed from the part -time Summary of Benefits which limits the employees who qualify for the benefit:
 Employee is pre-scheduled to work and the holiday falls on a day of the week in which they would normally be scheduled to work; and
 Employee must be paid for the regularly scheduled workday which immediately follows a holiday.

The following language will remain in the Part-Time Summary of Benefits adopted in Resolution No. 2023-060:

Part-time em ployees may receive a paid holiday benefit. Part -time employees must hold a “regular” part-time position and are assigned on a regular and consistent basis to work 20 hours or more per week.

If adopted, all “regular” part -time employees will receive a pa id holiday benefit for each City - designated holiday.

24 CITY COUNCIL MEETING DATE: DECEMBER 19, 2023
TITLE: ESTABLISHING EQUITY FOR REGULAR PART -TIME EMPLOYEES HOLIDAY LEAVE.

PAGE: 3

Attachment: Resolution 2023-075

25 RESOLUTION NO. 2023-075

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHINO,
CALIFORNIA, AMENDING PORTIONS OF RESOLUTION NOS. 85 -52, 85 -53, 85-54 AND 2023 -060 AND SUBSEQUENT RESOLUTIONS PERTAINING TO

COMPENSATION FOR PART-TIME EMPLOYEE POSITION CLASSIFICATIONS

WHEREAS, the City Council of the City of Chino adopted Resolution Nos. 85 -52, 85-53, 85-54 and 2023-060 and subsequent resolutions to establish changes to salaries, benefits, and terms and conditions of employment for City employees; and

WHEREAS, the wages, hours, and terms and conditions of employment of affected employees are codified in a variety of City Resolutions, Summaries of Benefits and Agreements; and

WHEREAS, one or more of the following agreed-upon changes to wages, hours , and terms and conditions of employment may regard subject matter previously set forth in City Resolutions, Summaries of Benefits, and/or have become prevailing practices w hich have developed over time; and

WHEREAS, it is desirable to provide a paid holiday benefit to all regular, part -time employees; and

WHEREAS, to the extent that any of the following changes address subject matters already codified in City Resolutions, Agreements, Summaries of Benefits, or defined by prevailing practices, it is the intent of the City that said codified wages, hours, and terms and conditions of employment and those matters defined by prevailing practices, continue in full force and effect subject to modifications described herein.

NOW, THEREFORE BE IT RESOLVED the City Council of the City of Chino does hereby amend the Summary of Benefits that was adopted by City Council on July 18, 2023 and amended on October 3, 2023 . All provisions apply only to those individuals who are employed by the City of Chino on the day following the adoption of this Resolution.

SECTION 1. PROVISIONS APPLICABLE TO PART-TIME CLASSIFICATIONS.

The existing section contained within the Summary of Benefits for Part -time employees will be replaced as follows:

HOLIDAYS:

Part-time employees may receive a paid holiday benefit. Part -time employees must hold a “regular” part-time position and are assigned on a regular and consistent basis to work 20 hours or more per week (as compared to a seasonal or on-call part-time position).

The designation of “regular” part-time versus seasonal or on-call part-time status is determined at the sole discretion of the City. Verification of a part -time employee’s eligibility will be conducted by each departments’ Management Analyst prior to paying this holiday benefit to ensure compliance with the provision of this benefit.
26 Resolution No. 2023-075

Page 2 of 3 ends

The City has designated twelve 5-hour holidays as follows:

New Year’s Day Martin Luther King
Presidents Day Memorial Day
Independence Day Labor Day
Veterans Day Thanksgiving Day
Day following Thanksgiving Christmas Eve
Christmas Day New Year’s Eve

When a holiday falls on a Saturday, the preceding Friday will be the holiday. When a holiday falls on a Sunday, the following Monday will be the holiday.

Employees who work on a holiday will be paid the allowed holiday hours at the straight time hourly rate in addition to their regular worked hours.

Source: Resolution Nos. 97-62, 2001-76, 2005-008, 2020-060 SECTION 2. PROVISIONS APPLICABLE TO ALL CLASSIFICATIONS.

A) CLEAN UP LANGUAGE – Add/modify language to applicable policies and Memorandums of Understanding for compliance with State and Federal laws and regulations.

B) SAVINGS CLAUSE - Should any clause in any adopted Summary of Benefits be held invalid by law and/or a court of competent jurisdiction, or entity with Legal Standing, then only that clause will be stricken and the remainder of the Summary of Benefits will b e in full force and effect. The City and the affected employee association will immediately commence to negotiate for the purpose of replacing any invalid or illegal provision.

However, no such replacement is mandated.

APPROVED AND ADOPTED THIS 19th day of December, 2023.

________________________________
EUNICE M. ULLOA, MAYOR

ATTEST:

_____________________________

NATALIE GONZAGA, CITY CLERK

CITY OF CHINO

27 Resolution No. 2023-075

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 that the forgoing Resolution was duly adopted by the City Council at a regular meeting held on the 19th day of December, 2023, by the following votes:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

NATALIE GONZAGA, CITY CLERK

28 MEMORANDUM

CITY OF CHINO

POLICE DEPARTMENT

CITY COUNCIL MEETING DATE: DECEMBER 19, 2023

TO: MAYOR AND CITY COUNCIL MEMBERS, CITY OF CHINO
FROM: KEVIN MENSEN, CHIEF OF POLICE

SUBJECT
..titl e
Fiscal Year 2021 and Fiscal Year 2022 Homeland Security Grant Program (HSGP). ..end

RECOMMENDATION
1) Authorize the acceptance of the Fiscal Year 2021 Homeland Security Grant Program in the amount of $23,902; 2) appropriate $23,902 from the unappropriated reserves of the General Fund with a corresponding increase to the General Fund revenues; 3) authorize the acceptance of the Fiscal Yea r 2022 Homeland Security Grant Program in the amount of $22, 529; 4) appropriate $22, 529 from the unappropriated reserves of the General Fund with a corresponding increase to the General Fund revenues; 5) authorize the City Manager to execute all necessary documents related to the grant s on behalf of the City ; and 6) authorize the purchase of the Throwbot as required by Assembly Bill 481. ..body

FISCAL IMPACT
Requires an appropriation of $23,902 and $22, 529 to the General Fund with a corresponding increase to the General Fund revenues.

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
 Responsible Long-Range Planning
 Effective Technology

Revenue: 1004000-59355-G424A & G424B

Expenditure: 1004000-59355-G424A & G424B
Transfer In: Click or tap here to enter text. Transfer Out: Click or tap here to enter text. 29 CITY COUNCIL MEETING DATE: DECEMBER 19, 2023
TITLE: HOMELAND SECURITY GRANT PROGRAM (HSGP) ACCEPTANCE.

PAGE: 2

BACKGROUND
The State Homeland Security Grant Program (HSGP) is designed to secure and provide the nation with capabilities required across the whole community to prevent, protect against, mitigate, respond to, and recover from acts of terrorism. Funds are awarded to the State of California, which then provides funds to San Bernardino County on behalf of city, county, and special district programs. San Bernardino County Office of Emergency Services is a subgrantee of the HSGP and oversees the administration of grant fu nds for San Bernardino’s Operational Area.

The Chino Police Department was allocated $23,902 for Fiscal Year 2021 HSGP and $22,529 for Fiscal Year 2022 HSGP . Cities are required to appropriate grant funds, directly purchase items, or fund training costs. Subsequently, cities must request reimbursement through the San Bernardino County Office of Emergency Services. Cities are also required to consider both federal and state priorities when developing the projects to submit to the approval authority.

One of the State Investment Strategies for Fiscal Year 2021 was, “Strengthen Emergency Communications Capabilities through Planning, Governance, Technology, and Equipment.” For Fiscal Year 2022, one of the State Investment Strategies was, “Enhance Protection of S oft Targets/Crowded Places.” With th ese priorities in mind, the City of Chino Police Department proposed equipment projects that would increase the City’s capability in those areas.

The Chino Police Department is requesting authorization to purchase one (1) Throwbot and one (1) police observation device (POD) cameras with funding from Fiscal Year 2021 HSGP .

Throughout the years, a Throwbot has been used in numerous incidents by the Ch ino Police Department to help lessen the exposure to unnecessary risk during search es of suspects, victims, and hazards in locations. The information obtained by the Throwbot audio and video allow police officers to make sound decisions by providing them w ith information that would not be obtained by other means.

Effective January 1, 2022, Assembly Bill (AB) 481 require s all California law enforcement agencies to obtain approval from their applicable governing body (Mayor and City Council), by adoption of a “military equipment” use policy prior to taking certain actions relating to the funding, acquisition, or use of “military equipment”, as defined. AB 481 is misleading in the use of the term “military equipment.” The Chino Police Department does not u se equipment obtained from the military. The Chino Police Department does not participate in the 1033 program for procuring surplus military equipment. The acquisition and implementation of each tool the Department uses is designed to help officers dees calate, create distance, increase safety, and most importantly, assist in the preservation of human life.

Additionally, (AB) 481 requires the Chino Police Department to obtain approval by its applicable governing body (Mayor and City Council), by adoption of a military equipment use policy prior to taking certain actions relating to the funding, acquisition, or use of military equipment, as defined. Of the 15 categories of “Military Equipment” the “ Throwbot,” which is being requested for purchase, falls u nder Category 1 (Unmanned, remotely piloted, powered aerial or ground vehicles) as defined by (AB) 481.

For Fiscal Year 2022 HSGP, two (2) POD cameras are being requested. POD cameras have also been utilized by the Chino Police Department for many years. A dditional POD cameras are being requested to help divert criminal activities in public locations and gather information to maintain public safety.

ISSUES/ANALYSIS
30 CITY COUNCIL MEETING DATE: DECEMBER 19, 2023
TITLE: HOMELAND SECURITY GRANT PROGRAM (HSGP) ACCEPTANCE.

PAGE: 3

The County of San Bernardino and the State of California have authorized the City of Chino to use the allocations of $23,902 and $22, 529 to purchase the equipment described above.

Additionally, the Chino Police Department is requesting the authorization and approval from the Mayor and City Council to purchase the Throwbot as required by AB 481.

The Chino Police Department is requesting to use a sole source provider, ReconRobotics, Inc., to purchase the Throwbot. ReconRobotics, Inc. is the sole manufacturer of the Throwbot 2 tactical reconnaissance robot system and the Chino Police Department alr eady utilizes and is familiarized with its equipment.

Attachments

31 32
33 1743 Miro Way, Rialto, CA 92376 I Phone: 909.356.3998 Fax: 909.356.3965 www.SB(ounty.gov

RNARDINO
UNTY
December 5, 2023
Office of Emergency Services
Luther Snoke
Chief Executive Officer
Daniel Munoz
Deputy Executive Officer
TO: SAN BERNARDINO COUNTY FIRE CHIEFS; SAN BERNARDINO COUNTY POLICE CHIEFS; SAN BERNARDINO COUNTY PUBLIC HEAL TH OFFICER;

SAN BERNARDINO COUNTY OPERATIONAL AREA COORDINATING
COUNCIL PRIMARY AND ALTERNATE REPRESENTATIVES; HOMELAND

SECURITY GRANT SOLE POINTS OF CONTACT AND OTHERS
SUBJECT: FISCAL YEAR 2022 HOMELAND SECURITY GRANT PROGRAM - CFDA

97.067
-TIME SENSITIVE-
This Correspondence and associated attachments contain time sensitive information for the completion of the Fiscal Year 2022 Homeland Security Grant Program (FY22 HSGP) Subrecipient Application Packet. The FY22 HSGP is funded by the US Department of Homeland Security/Federal Emergency Management Agency (DHS/FEMA) and sub-granted through the California Governor's Office of Emergency Services (Cal OES). The HSGP is reported under CFDA 97. 067.

FEMA has approved the proposed projects for the FY22 HSGP, therefore jurisdictions must now complete their application packets. Please submit the following documents to the San Bernardino County Office of Emergency Services (OES) Grants Unit at the address listed below by January 12, 2024:

1. Cover Letter on Jurisdiction Letterhead (Sample Attached)

2. Initialed and Signed FY22 HSGP Subrecipient Assurances

3. Certification Letter on Jurisdiction Letterhead (Sample Attached)

4. FY22 HSGP Application Workbook Certification Page - Signed

5. Grants Management Assessment Form

6. Certification Regarding Lobbying

7. Verification of active UEI registration (SAM.gov printout)

8. Single Audit Report (if applicable)
Submit Application Packets to:

San Bernardino County Office of Emergency Services
Grants Unit
Attn: Tina Sutera
1743 Miro Way
Rialto, CA 92376-0425
Luther Snoke
Chief Executive Oflicer
34 35

MEMORANDUM

CITY OF CHINO

POLICE DEPARTMENT

CITY COUNCIL MEETING DATE: DECEMBER 19, 2023

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

SUBJECT
Justice Assistance Grant (JAG) Fund.
..titl e
..end

RECOMMENDATION
Approve an additional interest a ppropriation of $73.31 to the Justice Assistance Grant Fund 135, grant G4211, with a corresponding increase to the grant revenue. ..body

FISCAL IMPACT
There is no fiscal impact. The additional appropriation is off set by the increase of interest to the grant G4211.

Revenue: 1354000-59500-G4211

Expenditure: 1354000-40010-G4211
Transfer In: Click or tap here to enter text. Transfer Out: Click or tap here to enter text. 36 CITY COUNCIL MEETING DATE: DECEMBER 19, 2023
TITLE: JUSTICE ASSISTANCE GRANT (JAG) FUND INTEREST APPROPRIATION.

PAGE: 2

BACKGROUND
Grant funds are required to be deposited in a trust fund account. Any interest earned on these funds must be used towards the specific expenditures stated in the grant. The Finance Department provides the Police Department with the earned interest amount for each grant. The interest earned, therefore, must be appropriated to each specific grant fund in order to expend the funds within the time frame established by the grant requirements.

ISSUES/ANALYSIS
The Justice Assistance Grant combines the former Federal Local Law Enforcement Block Grant and Byrne Grants and requires an entity in the County of San Bernardino to be responsible for applying for and administering the grant. Grant expenditures are regulated and are precise as to what the funds will be used for and the time frame in which the grants must be expended. These regulations also apply to any interest earned from the grant funds. Appropriation of the interest earned is recommended to expend the funds within the regulated time frame. The interest highlighted shall go back for use into each specific grant. Th e funds for the 2018 JAG grant will be used for Mobile Field Force trailer supplies.

37 MEMORANDUM

CITY OF CHINO

POLICE DEPARTMENT

CITY COUNCIL MEETING DATE: DECEMBER 19, 2023

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

SUBJECT
..titl e
2022 Justice Assistance Grant G4239 Use Modification.
..end

RECOMMENDATION
1) Approve a modification to the use of the 2022 Justice Assistance Grant G4239, in the amount of $22,413; 2) approve a purchase order and increase the vendor cap for Am-Tec Total Security by up to $20,000 to purchase additional portable observation devices; and 3) authorize the City Manager to execute all necessary documents on behalf of the City. ..body

FISCAL IMPACT
No appropriation is needed as the 2022 Justice Assistance Grant G4239 was approved by Council on Jan. 3, 2023 and carried over into FY23-25 Adopted Budget.

There is no local matching fund requirement.

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
 Public Service Excellence through Internal and External Partnerships

Revenue: 1354000-59500-G4239

Expenditure: 1354000-43050/48040-G4239
Transfer In: Click or tap here to enter text. Transfer Out: Click or tap here to enter text. 38 CITY COUNCIL MEETING DATE: DECEMBER 19, 2023
TITLE: JUSTICE ASSISTANCE GRANT (JAG) 2022 USE MODIFICATION.

PAGE: 2

BACKGROUND
On January 3, 2023, the City Council accepted 2022 Justice Assistance Grant (2022 JAG) in the amount of $22,413 . Funding was not immediately available, so Chino Police Department proposed to request City Council approval to use the funds once 2022 JAG funds are available.

As San Bernardino County Law and Justice Group is responsible for applying for and administering this grant , San Bernardino County remitted payment of $22,413 directly to the City’s account on November 21, 2023.

ISSUES/ANALYSIS
The Chino Police Department currently has nine POD camera systems that are strategically placed throughout the city. These cameras can be moved to different locations as department needs dictate and provide ease of use due to their direct integration with our department video management system. Each POD contains three pan -tilt-zoom (PTZ) capable cameras that can be moved and positioned as needed. Some are placed at intersections that currently do no t have fiberoptic capabilities and a traffic camera cannot be installed. Others are placed near shopping centers with higher frequency of theft calls or other high -profile areas based on specific intelligence. They are all constantly in use and in demand from multiple work groups as needs or crime trends arise.

In an effort to enhance our crime fighting effort and to protect the citizens and businesses in the City of Chino, the Police Department proposes to modify the use of the 2022 JAG to purchase the two (2) POD cameras from Am -Tec Total Security and device licenses from E.I. Computer Systems Inc. for a combined total of up to $20,920, and equipment supporting law enforcement for $1,493.

39 MEMORANDUM

CITY OF CHINO

POLICE DEPARTMENT

CITY COUNCIL MEETING DATE: DECEMBER 19, 2023

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

SUBJECT
..titl e
Acceptance and Appropriation of the 2023 Justice Assistance Grant. ..end

RECOMMENDATION
1) Approve the Memorandum of Understanding and Agreement for the 2023 Justice Assistance Grant; 2) authorize the acceptance of the 2023 Justice Assistance Grant in the amount of $24,141; 3) establish a grant number G424A and appropriate $24,141 to the Justice Assistance Fund 135 with a corresponding increase to the revenues; and 4) authorize the City Manager to execute all necessary documents related to the grant on behalf of the City. ..body

FISCAL IMPACT
There is no fiscal impact and there are no required matching funds. Requires an appropriation in the amount of $24,141 to the Justice Assistance Fund 135 with a corresponding increase to the revenues with the same amount.

Revenue: 1354000-59500-G424A

Expenditure: 1354000-40010-G424A
Transfer In: Click or tap here to enter text. Transfer Out: Click or tap here to enter text. 40 CITY COUNCIL MEETING DATE: DECEMBER 19, 2023
TITLE: JUSTICE ASSISTANCE GRANT (JAG) 2023 ACCEPTANCE AND APPROPRIATION.

PAGE: 2

BACKGROUND
The Justice Assistance Grant combines the former Federal Local Law Enforcement Block Grant and Byrne Grants and requires an entity in the County of San Bernardino to be responsible for applying for and administering the grant. The San Bernardino County Chiefs of Police and Sheriff agreed to make the San Bernardino County Law and Justice Group responsible for applying for and administering the grant. The group also agreed to pay the County an administration fee of five (5) percent of their respective allocation for this service.

ISSUES/ANALYSIS
The Edward Byrne Memorial Justice Assistance Grant (JAG) Program provides funding to state and local governments for support of a broad range of activities intended to prevent and control crime and improve the criminal justice system. Distribution of funds by the federal government is calculated using a formula, which considers both population and crime statistics. Awards are subject to the availability of appropriated funds.

The JAG program also requires participating jurisdictions receiving grant funds to execut e subaward grant agreements to acknowledge receipt of the federal award information and applicable compliance requirements, including special conditions of each sub -award. By entering into the sub-award grant agreements, the participating entities agree to undertake and carry out activities delineated by each grant award, and to the conditions or limitations set forth in each grant award.

On November 22, 2023, the Chino Police Department was notified of its eligibility to receive the 2023 Federal Justice A ssistance Grant (JAG 2023) in the amount of $2 4,141 after the five (5) percent fee has been deducted. Funds from JAG 2023 will be used to purchase equipment supporting law enforcement.

Attachments – JAG Agreement and Memorandum of Understanding

41 42
43 San Bernardino County
385 North Arrowhead Avenue
San Bernardino, CA 92415-0120
Law and Justice Group
909-387-5005
Grant
Sub-Award PAGE 1 OF 31
AWARD NUMBER: 15PBJA-23-GG-03189-JAGX
SUB-AWARD NUMBER: 15PBJA-23-GG-03189-JAGX-Chino
AWARD DATE 09/26/2023
PREVIOUS AWARD AMOUNT $0
AMOUNT OF THIS AWARD $24,141
TOTAL SUB-AWARD $24,141
__________________________________________________ __________________________________________________

DATE DATE
__________________________________________________ __________________________________________________

SIGNATURE OF APPROVING OFFICIAL SIGNATURE OF AUTHORIZED SUBRECIPIENT OFFICIAL Michael Fermin, Chair Linda Reich, City Manager
San Bernardino County Law and Justice Group City of Chino

GRANTEE APPROVAL SUBRECIPIENT ACCEPTANCE

TYPED NAME AND TITLE OF APPROVING OFFICIAL TYPED NAME AND TITLE OF AUTHORIZED SUBRECIPIENT OFFICIAL

SPECIAL CONDITIONS

THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH ON THE ATTACHED PAGE(S), WHICH INCLUDE THE AWARD CONDITIONS (PAGES 2-27), AND THE SUBRECIPIENT MONITORING PROCEDURES FOR THE COUNTY OF SAN BERNARDINO LAW AND JUSTICE GROUP (PAGES 28-31).

STATUTORY AUTHORITY FOR GRANT
Title I of Public Law 90-351 (generally codified at 34 U.S.C. 10101-10726), including subpart 1 of part E (codified at 34 U.S.C. 10151-10158); see also 28 U.S.C. 530C(a)
CATALOG OF DOMESTIC FEDERAL ASSISTANCE (CFDA Number)

16.738 - Edward Byrne Memorial Justice Assistance Grant Program

PROJECT TITLE
San Bernardino County and Disparate Jurisdictions 2023 Justice Assistance Grant Projects
RGVNGHJR3NV5
SUBRECIPIENT UEI NO.
95-0930239 BUDGET PERIOD: FROM 10/01/2022 TO 09/30/2026 City of Chino
13220 Central Avenue
Chino, CA 91710-4127
SUBRECIPIENT IRS/VENDOR NO. PROJECT PERIOD: FROM 10/01/2022 TO 09/30/2026 SUBRECIPIENT NAME AND ADDRESS (Including Zip Code)
44 2

Award Conditions
This award is offered subject to the conditions or limitations set forth in the Award Information, Project Information, Financial Information, and Award Conditions.

1 Compliance with restrictions on the use of federal funds--prohibited and controlled equipment under OJP awards

Consistent with Executive Order 14074, “Advancing Effective, Accountable Policing and Criminal Justice Practices To Enhance Public Trust and Public Safety,” OJP has prohibited the use of federal funds under this award for purchases or transfers of specified equipment by law enforcement agencies. In addition, OJP requires the recipient, and any subrecipient (“subgrantee”) at any tier, to put in place specified controls prior to using federal funds under this award to acquire or transfer any property identified on the “controlled equipment” list. The details of the requirement are posted on the OJP web site at https://www.ojp.gov/funding/explore/prohibited-and-controlled-equipment (Award condition:

Compliance with restrictions on the use of federal funds--prohibited and controlled equipment under OJP awards), and are incorporated by reference here.

2 Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 54 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 54, which relates to nondiscrimination on the basis of sex in certain "education programs."

3 Compliance with 41 U.S.C. 4712 (including prohibitions on reprisal; notice to employees)

The recipient (and any subrecipient at any tier) must comply with, and is subject to, all applicable provisions of 41 U.S.C. 4712, including all applicable provisions that prohibit, under specified circumstances, discrimination against an employee as reprisal for the employee's disclosure of information related to gross mismanagement of a federal grant, a gross waste of federal funds, an abuse of authority relating to a federal grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal grant.

The recipient also must inform its employees, in writing (and in the predominant native language of the workforce), of employee rights and remedies under 41 U.S.C. 4712.

45 3

Should a question arise as to the applicability of the provisions of 41 U.S.C. 4712 to this award, the recipient is to contact the DOJ awarding agency (OJP or OVW, as appropriate) for guidance.

4 Applicability of Part 200 Uniform Requirements

The Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C.F.R.

Part 200, as adopted and supplemented by DOJ in 2 C.F.R. Part 2800 (together, the "Part 200 Uniform Requirements") apply to this FY 2022 award from OJP.

The Part 200 Uniform Requirements were first adopted by DOJ on December 26, 2014. If this FY 2022 award supplements funds previously awarded by OJP under the same award number (e.g., funds awarded during or before December 2014), the Part 200 Uniform Requirements apply with respect to all funds under that award number (regardless of the award date, and regardless of whether derived from the initial award or a supplemental award) that are obligated on or after the acceptance date of this FY 2022 award.

For more information and resources on the Part 200 Uniform Requirements as they relate to OJP awards and subawards ("subgrants"), see the OJP website at https://ojp.gov/funding/Part200UniformRequirements.htm.

Record retention and access: Records pertinent to the award that the recipient (and any subrecipient ("subgrantee") at any tier) must retain -- typically for a period of 3 years from the date of submission of the final expenditure report (SF 425), unless a different retention period applies -- and to which the recipient (and any subrecipient ("subgrantee") at any tier) must provide access, include performance measurement information, in addition to the financial records, supporting documents, statistical records, and other pertinent records indicated at 2 C.F.R. 200.334.

In the event that an award-related question arises from documents or other materials prepared or distributed by OJP that may appear to conflict with, or differ in some way from, the provisions of the Part 200 Uniform Requirements, the recipient is to contact OJP promptly for clarification.

5 Compliance with applicable rules regarding approval, planning, and reporting of conferences, meetings, trainings, and other events

The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable laws, regulations, policies, and official DOJ guidance (including specific cost limits, prior approval and reporting requirements, where applicable) governing the use of federal funds for expenses related to conferences (as that term is defined by DOJ), including the provision of food and/or 46 4

beverages at such conferences, and costs of attendance at such conferences.

Information on the pertinent DOJ definition of conferences and the rules applicable to this award appears in the DOJ Grants Financial Guide (currently, as section 3.10 of "Postaward Requirements" in the "DOJ Grants Financial Guide").

6 Requirement for data on performance and effectiveness under the award

The recipient must collect and maintain data that measure the performance and effectiveness of work under this award. The data must be provided to OJP in the manner (including within the timeframes) specified by OJP in the program solicitation or other applicable written guidance.

Data collection supports compliance with the Government Performance and Results Act (GPRA) and the GPRA Modernization Act of 2010, and other applicable laws.

7 Compliance with DOJ Grants Financial Guide

References to the DOJ Grants Financial Guide are to the DOJ Grants Financial Guide as posted on the OJP website (currently, the "DOJ Grants Financial Guide" available at https://ojp.gov/financialguide/DOJ/index.htm), including any updated version that may be posted during the period of performance. The recipient agrees to comply with the DOJ Grants Financial Guide.

8 Compliance with general appropriations-law restrictions on the use of federal funds (FY 2022)

The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable restrictions on the use of federal funds set out in federal appropriations statutes. Pertinent restrictions, including from various "general provisions" in the Consolidated Appropriations Act, 2022, are set out at https://www.ojp.gov/funding/Explore/FY22AppropriationsRestrictions.htm, and are incorporated by reference here.

Should a question arise as to whether a particular use of federal funds by a recipient (or a subrecipient) would or might fall within the scope of an appropriations-law restriction, the recipient is to contact OJP for guidance, and may not proceed without the express prior written approval of OJP.

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5 Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 38 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 38 (as may be applicable from time to time), specifically including any applicable requirements regarding written notice to program beneficiaries and prospective program beneficiaries.

Currently, among other things, 28 C.F.R. Part 38 includes rules that prohibit specific forms of discrimination on the basis of religion, a religious belief, a refusal to hold a religious belief, or refusal to attend or participate in a religious practice. Part 38, currently, also sets out rules and requirements that pertain to recipient and subrecipient ("subgrantee") organizations that engage in or conduct explicitly religious activities, as well as rules and requirements that pertain to recipients and subrecipients that are faith-based or religious organizations.

The text of 28 C.F.R. Part 38 is available via the Electronic Code of Federal Regulations (currently accessible at https://www.ecfr.gov/cgi-bin/ECFR?page=browse), by browsing to Title 28-Judicial Administration, Chapter 1, Part 38, under e-CFR "current" data.

10 Effect of failure to address audit issues

The recipient understands and agrees that the DOJ awarding agency (OJP or OVW, as appropriate) may withhold award funds, or may impose other related requirements, if (as determined by the DOJ awarding agency) the recipient does not satisfactorily and promptly address outstanding issues from audits required by the Part 200 Uniform Requirements (or by the terms of this award), or other outstanding issues that arise in connection with audits, investigations, or reviews of DOJ awards.

11 Requirements of the award; remedies for non-compliance or for materially false statements

The conditions of this award are material requirements of the award. Compliance with any assurances or certifications submitted by or on behalf of the recipient that relate to conduct during the period of performance also is a material requirement of this award.

Limited Exceptions. In certain special circumstances, the U.S. Department of Justice ("DOJ") may determine that it will not enforce, or enforce only in part, one or more requirements otherwise applicable to the award. Any such exceptions regarding enforcement, including any such exceptions made during the period of performance, are (or will be during the period of performance) set out through the Office of Justice Programs ("OJP") webpage entitled "Legal Notices: Special circumstances as to particular award conditions" 48 6

(ojp.gov/funding/Explore/LegalNotices-AwardReqts.htm), and incorporated by reference into the award.

By signing and accepting this award on behalf of the recipient, the authorized recipient official accepts all material requirements of the award, and specifically adopts, as if personally executed by the authorized recipient official, all assurances or certifications submitted by or on behalf of the recipient that relate to conduct during the period of performance.

Failure to comply with one or more award requirements -- whether a condition set out in full below, a condition incorporated by reference below, or an assurance or certification related to conduct during the award period -- may result in OJP taking appropriate action with respect to the recipient and the award. Among other things, the OJP may withhold award funds, disallow costs, or suspend or terminate the award. DOJ, including OJP, also may take other legal action as appropriate.

Any materially false, fictitious, or fraudulent statement to the federal government related to this award (or concealment or omission of a material fact) may be the subject of criminal prosecution (including under 18 U.S.C. 1001 and/or 1621, and/or 34 U.S.C. 10271-10273), and also may lead to imposition of civil penalties and administrative remedies for false claims or otherwise (including under 31 U.S.C. 3729-3730 and 3801-3812).

Should any provision of a requirement of this award be held to be invalid or unenforceable by its terms, that provision shall first be applied with a limited construction so as to give it the maximum effect permitted by law. Should it be held, instead, that the provision is utterly invalid or -unenforceable, such provision shall be deemed severable from this award.

12 Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 42 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 42, specifically including any applicable requirements in Subpart E of 28 C.F.R. Part 42 that relate to an equal employment opportunity program.

13 Requirements related to "de minimis" indirect cost rate

A recipient that is eligible under the Part 200 Uniform Requirements and other applicable law to use the "de minimis" indirect cost rate described in 2 C.F.R. 200.414(f), and that elects to use the "de minimis" indirect cost rate, must advise OJP in writing of both its eligibility and its election, and must comply with all associated requirements in the Part 200 Uniform Requirements. The 49 7

"de minimis" rate may be applied only to modified total direct costs (MTDC) as defined by the Part 200 Uniform Requirements.

14 Employment eligibility verification for hiring under the award

1. The recipient (and any subrecipient at any tier) must--

A. Ensure that, as part of the hiring process for any position within the United States that is or will be funded (in whole or in part) with award funds, the recipient (or any subrecipient) properly verifies the employment eligibility of the individual who is being hired, consistent with the provisions of 8 U.S.C. 1324a(a)(1).

B. Notify all persons associated with the recipient (or any subrecipient) who are or will be involved in activities under this award of both--

(1) this award requirement for verification of employment eligibility, and

(2) the associated provisions in 8 U.S.C. 1324a(a)(1) that, generally speaking, make it unlawful, in the United States, to hire (or recruit for employment) certain aliens.

C. Provide training (to the extent necessary) to those persons required by this condition to be notified of the award requirement for employment eligibility verification and of the associated provisions of 8 U.S.C. 1324a(a)(1).

D. As part of the recordkeeping for the award (including pursuant to the Part 200 Uniform Requirements), maintain records of all employment eligibility verifications pertinent to compliance with this award condition in accordance with Form I-9 record retention requirements, as well as records of all pertinent notifications and trainings.

2. Monitoring

The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition.

3. Allowable costs

To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions designed to ensure compliance with this condition.

4. Rules of construction

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A. Staff involved in the hiring process

For purposes of this condition, persons "who are or will be involved in activities under this award" specifically includes (without limitation) any and all recipient (or any subrecipient) officials or other staff who are or will be involved in the hiring process with respect to a position that is or will be funded (in whole or in part) with award funds.

B. Employment eligibility confirmation with E-Verify

For purposes of satisfying the requirement of this condition regarding verification of employment eligibility, the recipient (or any subrecipient) may choose to participate in, and use, E-Verify (www.e-verify.gov), provided an appropriate person authorized to act on behalf of the recipient (or subrecipient) uses E-Verify (and follows the proper E-Verify procedures, including in the event of a "Tentative Nonconfirmation" or a "Final Nonconfirmation") to confirm employment eligibility for each hiring for a position in the United States that is or will be funded (in whole or in part) with award funds.

C. "United States" specifically includes the District of Columbia, Puerto Rico, Guam, the Virgin Islands of the United States, and the Commonwealth of the Northern Mariana Islands.

D. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, or any person or other entity, to violate any federal law, including any applicable civil rights or nondiscrimination law.

E. Nothing in this condition, including in paragraph 4.B., shall be understood to relieve any recipient, any subrecipient at any tier, or any person or other entity, of any obligation otherwise imposed by law, including 8 U.S.C. 1324a(a)(1).

Questions about E-Verify should be directed to DHS. For more information about E-Verify visit the E-Verify website (https://www.e-verify.gov/) or email E-Verify at [email protected]. E-Verify employer agents can email E-Verify at [email protected].

Questions about the meaning or scope of this condition should be directed to OJP, before award acceptance.

15 OJP Training Guiding Principles

Any training or training materials that the recipient -- or any subrecipient ("subgrantee") at any tier -- develops or delivers with OJP award funds must adhere to the OJP Training Guiding Principles for Grantees and Subgrantees, available at
https://www.ojp.gov/funding/implement/training-guiding-principles-grantees-and-subgrantees. 51 9

16 Determination of suitability to interact with participating minors

SCOPE. This condition applies to this award if it is indicated -- in the application for the award (as approved by DOJ)(or in the application for any subaward, at any tier), the DOJ funding announcement (solicitation), or an associated federal statute -- that a purpose of some or all of the activities to be carried out under the award (whether by the recipient, or a subrecipient at any tier) is to benefit a set of individuals under 18 years of age.

The recipient, and any subrecipient at any tier, must make determinations of suitability before certain individuals may interact with participating minors. This requirement applies regardless of an individual's employment status.

The details of this requirement are posted on the OJP web site at https://ojp.gov/funding/Explore/Interact-Minors.htm (Award condition: Determination of suitability required, in advance, for certain individuals who may interact with participating minors), and are incorporated by reference here.

17 Potential imposition of additional requirements

The recipient agrees to comply with any additional requirements that may be imposed by the DOJ awarding agency (OJP or OVW, as appropriate) during the period of performance for this award, if the recipient is designated as "high-risk" for purposes of the DOJ high-risk grantee list.

18 Required training for Grant Award Administrator and Financial Manager

The Grant Award Administrator and all Financial Managers for this award must have successfully completed an "OJP financial management and grant administration training" by 120 days after the date of the recipient's acceptance of the award. Successful completion of such a training on or after October 15, 2020, will satisfy this condition.

In the event that either the Grant Award Administrator or a Financial Manager for this award changes during the period of performance, the new Grant Award Administrator or Financial Manager must have successfully completed an "OJP financial management and grant administration training" by 120 calendar days after the date the Entity Administrator enters updated Grant Award Administrator or Financial Manager information in JustGrants. Successful completion of such a training on or after October 15, 2020, will satisfy this condition.

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A list of OJP trainings that OJP will consider "OJP financial management and grant administration training" for purposes of this condition is available at https://onlinegfmt.training.ojp.gov/. All trainings that satisfy this condition include a session on grant fraud prevention and detection.

The recipient should anticipate that OJP will immediately withhold ("freeze") award funds if the recipient fails to comply with this condition. The recipient's failure to comply also may lead OJP to impose additional appropriate conditions on this award.

19 Restrictions and certifications regarding non-disclosure agreements and related matters

No recipient or subrecipient ("subgrantee") under this award, or entity that receives a procurement contract or subcontract with any funds under this award, may require any employee or contractor to sign an internal confidentiality agreement or statement that prohibits or otherwise restricts, or purports to prohibit or restrict, the reporting (in accordance with law) of waste, fraud, or abuse to an investigative or law enforcement representative of a federal department or agency authorized to receive such information.

The foregoing is not intended, and shall not be understood by the agency making this award, to contravene requirements applicable to Standard Form 312 (which relates to classified information), Form 4414 (which relates to sensitive compartmented information), or any other form issued by a federal department or agency governing the nondisclosure of classified information.

1. In accepting this award, the recipient--

a. represents that it neither requires nor has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and

b. certifies that, if it learns or is notified that it is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency.

2. If the recipient does or is authorized under this award to make subawards ("subgrants"), procurement contracts, or both--

a. it represents that--
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(1) it has determined that no other entity that the recipient's application proposes may or will receive award funds (whether through a subaward ("subgrant"), procurement contract, or subcontract under a procurement contract) either requires or has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and

(2) it has made appropriate inquiry, or otherwise has an adequate factual basis, to support this representation; and

b. it certifies that, if it learns or is notified that any subrecipient, contractor, or subcontractor entity that receives funds under this award is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds to or by that entity, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency.

20 Reclassification of various statutory provisions to a new Title 34 of the United States Code

On September 1, 2017, various statutory provisions previously codified elsewhere in the U.S.

Code were editorially reclassified (that is, moved and renumbered) to a new Title 34, entitled "Crime Control and Law Enforcement." The reclassification encompassed a number of statutory provisions pertinent to OJP awards (that is, OJP grants and cooperative agreements), including many provisions previously codified in Title 42 of the U.S. Code.

Effective as of September 1, 2017, any reference in this award document to a statutory provision that has been reclassified to the new Title 34 of the U.S. Code is to be read as a reference to that statutory provision as reclassified to Title 34. This rule of construction specifically includes references set out in award conditions, references set out in material incorporated by reference through award conditions, and references set out in other award requirements.

21 Requirement to report actual or imminent breach of personally identifiable information (PII)

The recipient (and any "subrecipient" at any tier) must have written procedures in place to respond in the event of an actual or imminent "breach" (OMB M-17-12) if it (or a subrecipient) -- (1) creates, collects, uses, processes, stores, maintains, disseminates, discloses, or disposes of "Personally Identifiable Information (PII)" (2 CFR 200.1) within the scope of an OJP grant-funded 54 12

program or activity, or (2) uses or operates a "Federal information system" (OMB Circular A- 130). The recipient's breach procedures must include a requirement to report actual or imminent breach of PII to an OJP Program Manager no later than 24 hours after an occurrence of an actual breach, or the detection of an imminent breach.

22 Requirement to disclose whether recipient is designated "high risk" by a federal grant-making agency outside of DOJ

If the recipient is designated "high risk" by a federal grant-making agency outside of DOJ, currently or at any time during the course of the period of performance under this award, the recipient must disclose that fact and certain related information to OJP by email at [email protected]. For purposes of this disclosure, high risk includes any status under which a federal awarding agency provides additional oversight due to the recipient's past performance, or other programmatic or financial concerns with the recipient.

The recipient's disclosure must include the following: 1. The federal awarding agency that currently designates the recipient high risk, 2. The date the recipient was designated high risk,

3. The high-risk point of contact at that federal awarding agency (name, phone number, and email address), and 4. The reasons for the high-risk status, as set out by the federal awarding agency.

23 Encouragement of policies to ban text messaging while driving

Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed. Reg. 51225 (October 1, 2009), DOJ encourages recipients and subrecipients ("subgrantees") to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by this award, and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers.

24 All subawards ("subgrants") must have specific federal authorization

The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements for authorization of any subaward. This condition applies to agreements that -- for purposes of federal grants administrative requirements -- OJP considers a "subaward" (and therefore does not consider a procurement "contract").

The details of the requirement for authorization of any subaward are posted on the OJP web 55 13

site at https://ojp.gov/funding/Explore/SubawardAuthorization.htm (Award condition: All subawards ("subgrants") must have specific federal authorization), and are incorporated by reference here.

25 Specific post-award approval required to use a noncompetitive approach in any procurement contract that would exceed $250,000

The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements to obtain specific advance approval to use a noncompetitive approach in any procurement contract that would exceed the Simplified Acquisition Threshold (currently, $250,000). This condition applies to agreements that -- for purposes of federal grants administrative requirements -- OJP considers a procurement "contract" (and therefore does not consider a subaward).

The details of the requirement for advance approval to use a noncompetitive approach in a procurement contract under an OJP award are posted on the OJP web site at https://ojp.gov/funding/Explore/NoncompetitiveProcurement.htm (Award condition: Specific post-award approval required to use a noncompetitive approach in a procurement contract (if contract would exceed $250,000)), and are incorporated by reference here.

26 Requirements pertaining to prohibited conduct related to trafficking in persons (including reporting requirements and OJP authority to terminate award)

The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements (including requirements to report allegations) pertaining to prohibited conduct related to the trafficking of persons, whether on the part of recipients, subrecipients ("subgrantees"), or individuals defined (for purposes of this condition) as "employees" of the recipient or of any subrecipient.

The details of the recipient's obligations related to prohibited conduct related to trafficking in persons are posted on the OJP web site at https://ojp.gov/funding/Explore/ProhibitedConduct- Trafficking.htm (Award condition: Prohibited conduct by recipients and subrecipients related to trafficking in persons (including reporting requirements and OJP authority to terminate award)), and are incorporated by reference here.

27 Requirement to report potentially duplicative funding

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If the recipient currently has other active awards of federal funds, or if the recipient receives any other award of federal funds during the period of performance for this award, the recipient promptly must determine whether funds from any of those other federal awards have been, are being, or are to be used (in whole or in part) for one or more of the identical cost items for which funds are provided under this award. If so, the recipient must promptly notify the DOJ awarding agency (OJP or OVW, as appropriate) in writing of the potential duplication, and, if so requested by the DOJ awarding agency, must seek a budget-modification or change-of-project- scope Grant Award Modification (GAM) to eliminate any inappropriate duplication of funding.

28 Reporting potential fraud, waste, and abuse, and similar misconduct

The recipient, and any subrecipients ("subgrantees") at any tier, must promptly refer to the DOJ Office of the Inspector General (OIG) any credible evidence that a principal, employee, agent, subrecipient, contractor, subcontractor, or other person has, in connection with funds under this award-- (1) submitted a claim that violates the False Claims Act; or (2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct.

Potential fraud, waste, abuse, or misconduct involving or relating to funds under this award should be reported to the OIG by--(1) online submission accessible via the OIG webpage at https://oig.justice.gov/hotline/contact-grants.htm (select "Submit Report Online"); (2) mail directed to: U.S. Department of Justice, Office of the Inspector General, Investigations Division, ATTN: Grantee Reporting, 950 Pennsylvania Ave., NW, Washington, DC 20530; and/or (3) by facsimile directed to the DOJ OIG Investigations Division (Attn: Grantee Reporting) at (202) 616- 9881 (fax).

Additional information is available from the DOJ OIG website at https://oig.justice.gov/hotline.

29 Requirements related to System for Award Management and Universal Identifier Requirements

The recipient must comply with applicable requirements regarding the System for Award Management (SAM), currently accessible at https://www.sam.gov/. This includes applicable requirements regarding registration with SAM, as well as maintaining the currency of information in SAM.

The recipient also must comply with applicable restrictions on subawards ("subgrants") to first- tier subrecipients (first-tier "subgrantees"), including restrictions on subawards to entities that do not acquire and provide (to the recipient) the unique entity identifier required for SAM registration.

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The details of the recipient's obligations related to SAM and to unique entity identifiers are posted on the OJP web site at https://ojp.gov/funding/Explore/SAM.htm (Award condition:

System for Award Management (SAM) and Universal Identifier Requirements), and are incorporated by reference here.

This condition does not apply to an award to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name).

30 Restrictions on "lobbying"

In general, as a matter of federal law, federal funds awarded by OJP may not be used by the recipient, or any subrecipient ("subgrantee") at any tier, either directly or indirectly, to support or oppose the enactment, repeal, modification, or adoption of any law, regulation, or policy, at any level of government. See 18 U.S.C. 1913. (There may be exceptions if an applicable federal statute specifically authorizes certain activities that otherwise would be barred by law.)

Another federal law generally prohibits federal funds awarded by OJP from being used by the recipient, or any subrecipient at any tier, to pay any person to influence (or attempt to influence) a federal agency, a Member of Congress, or Congress (or an official or employee of any of them) with respect to the awarding of a federal grant or cooperative agreement, subgrant, contract, subcontract, or loan, or with respect to actions such as renewing, extending, or modifying any such award. See 31 U.S.C. 1352. Certain exceptions to this law apply, including an exception that applies to Indian tribes and tribal organizations.

Should any question arise as to whether a particular use of federal funds by a recipient (or subrecipient) would or might fall within the scope of these prohibitions, the recipient is to contact OJP for guidance, and may not proceed without the express prior written approval of OJP.

31 Justice Information Sharing

Information sharing projects funded under this award must comply with DOJ's Global Justice Information Sharing Initiative (Global) guidelines. The recipient (and any subrecipient at any tier) must conform to the Global Standards Package (GSP) and all constituent elements, where applicable, as described at: https:/ / it.ojp.gov/ gsp_grantcondition. The recipient (and any subrecipient at any tier) must document planned approaches to information sharing and describe compliance with the GSP and appropriate privacy policy that protects shared information, or provide detailed justification for why an alternative approach is recommended. 58 16

32 Avoidance of duplication of networks

To avoid duplicating existing networks or IT systems in any initiatives funded by BJA for law enforcement information sharing systems which involve interstate connectivity between jurisdictions, such systems shall employ, to the extent possible, existing networks as the communication backbone to achieve interstate connectivity, unless the recipient can demonstrate to the satisfaction of BJA that this requirement would not be cost effective or would impair the functionality of an existing or proposed IT system.

33 Law enforcement task forces - required training

Within 120 days of award acceptance, each current member of a law enforcement task force funded with award funds who is a task force commander, agency executive, task force officer, or other task force member of equivalent rank, must complete required online (internet-based) task force training. Additionally, all future task force members must complete this training once during the period of performance for this award, or once every four years if multiple OJP awards include this requirement.

The required training is available free of charge online through the BJA-funded Center for Task Force Integrity and Leadership (www.ctfli.org). The training addresses task force effectiveness, as well as other key issues including privacy and civil liberties/rights, task force performance measurement, personnel selection, and task force oversight and accountability. If award funds are used to support a task force, the recipient must compile and maintain a task force personnel roster, along with course completion certificates.

Additional information regarding the training is available through BJA's web site and the Center for Task Force Integrity and Leadership (www.ctfli.org).

34 Required monitoring of subawards

The recipient must monitor subawards under this award in accordance with all applicable statutes, regulations, award conditions, and the DOJ Grants Financial Guide, and must include the applicable conditions of this award in any subaward. Among other things, the recipient is responsible for oversight of subrecipient spending and monitoring of specific outcomes and benefits attributable to use of award funds by subrecipients. The recipient agrees to submit, upon request, documentation of its policies and procedures for monitoring of subawards under this award.
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35 Any written, visual, or audio publications funded in whole or in part under this award, with the exception of press releases, shall contain the following statements: "This project was supported by Grant No. <AWARD_NUMBER> awarded by the Bureau of Justice Assistance. The Bureau of Justice Assistance is a component of the Department of Justice's Office of Justice Programs, which also includes the Bureau of Justice Statistics, the National Institute of Justice, the Office of Juvenile Justice and Delinquency Prevention, the Office for Victims of Crime, and the SMART Office. Points of view or opinions in this document are those of the author and do not necessarily represent the official position or policies of the U.S. Department of Justice." The current edition of the DOJ Grants Financial Guide provides guidance on allowable printing and publication activities.

36 Any Web site that is funded in whole or in part under this award must include the following statement on the home page, on all major entry pages (i.e., pages (exclusive of documents) whose primary purpose is to navigate the user to interior content), and on any pages from which a visitor may access or use a Web-based service, including any pages that provide results or outputs from the service: "This Web site is funded in whole or in part through a grant from the Bureau of Justice Assistance, Office of Justice Programs, U.S. Department of Justice. Neither the U.S. Department of Justice nor any of its components operate, control, are responsible for, or necessarily endorse, this Web site (including, without limitation, its content, technical infrastructure, and policies, and any services or tools provided)." The full text of the foregoing statement must be clearly visible on the home page. On other pages, the statement may be included through a link, entitled "Notice of Federal Funding and Federal Disclaimer," to the full text of the statement.

37 Verification and updating of recipient contact information

The recipient must verify its Grant Award Administrator, Financial Manager, and Authorized Representative contact information in JustGrants, including telephone number and e-mail address. If any information is incorrect or has changed, the award recipient’s Entity Administrator must make changes to contact information through DIAMD. Instructions on how to update contact information in JustGrants can be found at https://justicegrants.usdoj.gov/training/training-entity-management.

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18 Compliance with National Environmental Policy Act and related statutes

Upon request, the recipient (and any subrecipient at any tier) must assist BJA in complying with the National Environmental Policy Act (NEPA), the National Historic Preservation Act, and other related federal environmental impact analyses requirements in the use of these award funds, either directly by the recipient or by a subrecipient. Accordingly, the recipient agrees to first determine if any of the following activities will be funded by the grant, prior to obligating funds for any of these purposes. If it is determined that any of the following activities will be funded by the award, the recipient agrees to contact BJA.

The recipient understands that this condition applies to new activities as set out below, whether or not they are being specifically funded with these award funds. That is, as long as the activity is being conducted by the recipient, a subrecipient, or any third party, and the activity needs to be undertaken in order to use these award funds, this condition must first be met. The activities covered by this condition are:

a. New construction;

b. Minor renovation or remodeling of a property located in an environmentally or historically sensitive area, including properties located within a 100-year flood plain, a wetland, or habitat for endangered species, or a property listed on or eligible for listing on the National Register of Historic Places;

c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size;

d. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or education environments; and

e. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories.

The recipient understands and agrees that complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement, as directed by BJA. The recipient further understands and agrees to the requirements for implementation of a Mitigation Plan, as detailed at https://bja.gov/Funding/nepa.html, for programs relating to methamphetamine laboratory operations.

Application of This Condition to Recipient's Existing Programs or Activities: For any of the recipient's or its subrecipients' existing programs or activities that will be funded by these award funds, the recipient, upon specific request from BJA, agrees to cooperate with BJA in any preparation by BJA of a national or program environmental assessment of that funded program or activity.
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39 Recipients utilizing award funds for forensic genealogy testing must adhere to the United States Department of Justice Interim Policy Forensic Genealogical DNA Analysis and Searching (https://www.justice.gov/olp/page/file/1204386/download), and must collect and report the metrics identified in Section IX of that document to BJA.

40 Establishment of trust fund

If award funds are being drawn down in advance, the recipient (or a subrecipient, with respect to a subaward) is required to establish a trust fund account. Recipients (and subrecipients) must maintain advance payments of federal awards in interest-bearing accounts, unless regulatory exclusions apply (2 C.F.R. 200.305(b)(8)). The trust fund, including any interest, may not be used to pay debts or expenses incurred by other activities beyond the scope of the Edward Byrne Memorial Justice Assistance Grant Program (JAG). The recipient also agrees to obligate the award funds in the trust fund (including any interest earned) during the period of performance for the award and expend within 90 days thereafter. Any unobligated or unexpended funds, including interest earned, must be returned to OJP at the time of closeout.

41 All State and Local JAG recipients must submit quarterly Federal Financial Reports (SF-425).

Additionally, State JAG and Local JAG Category Two ($25K or more) must submit semi-annual performance reports through JustGrants and Local JAG Category One (Less than $25K) must submit annual performance reports through JustGrants. Consistent with the Department's responsibilities under the Government Performance and Results Act (GPRA) and the GPRA Modernization Act of 2010, the recipient must provide data that measure the results of its work.

The recipient must submit quarterly performance metrics reports through BJA's Performance Measurement Tool (PMT) website: https://bjapmt.ojp.gov/. For more detailed information on reporting and other JAG requirements, refer to the JAG reporting requirements webpage (https://bjapmt.ojp.gov/help/jagdocs.html). Failure to submit required JAG reports by established deadlines may result in the freezing of grant funds and future High Risk designation.

42 Required data on law enforcement agency training

Any law enforcement agency receiving direct or sub-awarded funding from this JAG award must submit quarterly accountability metrics data related to training that officers have received on 62 20

the use of force, racial and ethnic bias, de-escalation of conflict, and constructive engagement with the public.

43 Authorization to obligate (federal) award funds to reimburse certain project costs incurred on or after October 1, 2022

The recipient may obligate (federal) award funds only after the recipient makes a valid acceptance of the award. As of the first day of the period of performance for the award (October 1, 2022), however, the recipient may choose to incur project costs using non-federal funds, but any such project costs are incurred at the recipient's risk until, at a minimum-- (1) the recipient makes a valid acceptance of the award, and (2) all applicable withholding conditions are removed by OJP (via an Award Condition Modification (ACM)). (A withholding condition is a condition in the award document that precludes the recipient from obligating, expending, or drawing down all or a portion of the award funds until the condition is removed.)

Except to the extent (if any) that an award condition expressly precludes reimbursement of project costs incurred "at-risk," if and when the recipient makes a valid acceptance of this award and OJP removes each applicable withholding condition through an Award Condition Modification (ACM), the recipient is authorized to obligate (federal) award funds to reimburse itself for project costs incurred "at-risk" earlier during the period of performance (such as project costs incurred prior to award acceptance or prior to removal of an applicable withholding condition), provided that those project costs otherwise are allowable costs under the award.

44 If award funds are used for DNA testing of evidentiary materials, any resulting eligible DNA profiles must be uploaded to the Combined DNA Index System ("CODIS," the DNA database operated by the FBI) by a government DNA laboratory with access to CODIS. With the exception of Forensic Genetic Genealogy, no profiles generated under this award may be entered or uploaded into any non-governmental DNA database without prior express written approval from BJA. Award funds may not be used for the purchase of DNA equipment and supplies unless the resulting DNA profiles may be accepted for entry into CODIS. Booking agencies should work with their state CODIS agency to ensure all requirements are met for participation in Rapid DNA (see National Rapid DNA Booking Operational Procedures Manual).

45 Submission of eligible records relevant to the National Instant Background Check System

Consonant with federal statutes that pertain to firearms and background checks -- including 18 63 21

U.S.C. 922 and 34 U.S.C. ch. 409 -- if the recipient (or any subrecipient at any tier) uses this award to fund (in whole or in part) a specific project or program (such as a law enforcement, prosecution, or court program) that results in any court dispositions, information, or other records that are "eligible records" (under federal or State law) relevant to the National Instant Background Check System (NICS), or that has as one of its purposes the establishment or improvement of records systems that contain any court dispositions, information, or other records that are "eligible records" (under federal or State law) relevant to the NICS, the recipient (or subrecipient, if applicable) must ensure that all such court dispositions, information, or other records that are "eligible records" (under federal or State law) relevant to the NICS are promptly made available to the NICS or to the "State" repository/database that is electronically available to (and accessed by) the NICS, and -- when appropriate -- promptly must update, correct, modify, or remove such NICS-relevant "eligible records".

In the event of minor and transitory non-compliance, the recipient may submit evidence to demonstrate diligent monitoring of compliance with this condition (including subrecipient compliance). DOJ will give great weight to any such evidence in any express written determination regarding this condition.

46 Prohibition on use of award funds for match under BVP program

JAG funds may not be used as the 50% match for purposes of the DOJ Bulletproof Vest Partnership (BVP) program.

47 Certification of body armor "mandatory wear" policies, and compliance with NIJ standards

If recipient uses funds under this award to purchase body armor, the recipient must submit a signed certification that each law enforcement agency receiving body armor purchased with funds from this award has a written "mandatory wear" policy in effect. The recipient must keep signed certifications on file for any subrecipients planning to utilize funds from this award for ballistic-resistant and stab-resistant body armor purchases. This policy must be in place for at least all uniformed officers before any funds from this award may be used by an agency for body armor. There are no requirements regarding the nature of the policy other than it be a mandatory wear policy for all uniformed officers while on duty.

Ballistic-resistant and stab-resistant body armor purchased with award funds may be purchased at any threat level, make or model, from any distributor or manufacturer, as long as the body armor has been tested and found to comply with applicable National Institute of Justice ballistic or stab standards, and is listed on the NIJ Compliant Body Armor Model List. In addition, ballistic-resistant and stab-resistant body armor purchased must be made in the United States and must be uniquely fitted, as set forth in 34 U.S.C. 10202(c)(1)(A). The latest NIJ 64 22

standard information and the NIJ Compliant Body Armor List may be found by following the links located on the NIJ Body Armor page: https://nij.ojp.gov/topics/equipment-and- technology/body-armor

48 Extreme risk protection programs funded by JAG must include, at a minimum: pre-deprivation and post-deprivation due process rights that prevent any violation or infringement of the Constitution of the United States, including but not limited to the Bill of Rights, and the substantive or procedural due process rights guaranteed under the Fifth and Fourteenth Amendments to the Constitution of the United States, as applied to the States, and as interpreted by State courts and United States courts (including the Supreme Court of the United States). Such programs must include, at the appropriate phase to prevent any violation of constitutional rights, at minimum, notice, the right to an in-person hearing, an unbiased adjudicator, the right to know opposing evidence, the right to present evidence, and the right to confront adverse witnesses; the right to be represented by counsel at no expense to the government; pre-deprivation and post-deprivation heightened evidentiary standards and proof which mean not less than the protections afforded to a similarly situated litigant in Federal court or promulgated by the State's evidentiary body, and sufficient to ensure the full protections of the Constitution of the United States, including but not limited to the Bill of Rights, and the substantive and procedural due process rights guaranteed under the Fifth and Fourteenth Amendments to the Constitution of the United States, as applied to the States, and as interpreted by State courts and United States courts (including the Supreme Court of the United States). The heightened evidentiary standards and proof under such programs must, at all appropriate phases to prevent any violation of any constitutional right, at minimum, prevent reliance upon evidence that is unsworn or unaffirmed, irrelevant, based on inadmissible hearsay, unreliable, vague, speculative, and lacking a foundation; and penalties for abuse of the program.

49 Expenditures prohibited without waiver

No funds under this award may be expended on the purchase of items prohibited by the JAG program statute, unless, as set forth at 34 U.S.C. 10152, the BJA Director certifies that extraordinary and exigent circumstances exist, making such expenditures essential to the maintenance of public safety and good order.

50 FFATA reporting: Subawards and executive compensation

The recipient must comply with applicable requirements to report first-tier subawards 65 23

("subgrants") of $30,000 or more and, in certain circumstances, to report the names and total compensation of the five most highly compensated executives of the recipient and first-tier subrecipients (first-tier "subgrantees") of award funds. The details of recipient obligations, which derive from the Federal Funding Accountability and Transparency Act of 2006 (FFATA), are posted on the OJP web site at https://ojp.gov/funding/Explore/FFATA.htm (Award condition:

Reporting Subawards and Executive Compensation), and are incorporated by reference here.

This condition, including its reporting requirement, does not apply to-- (1) an award of less than $30,000, or (2) an award made to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name).

51 Exceptions regarding Prohibited and Controlled Equipment under OJP awards

Notwithstanding any provision to the contrary in the other terms and conditions of this award, including in the condition regarding "Compliance with restrictions on the use of federal funds-- prohibited and controlled equipment under OJP awards," the requirements for the “Transfer/Sale of Award-Funded Controlled Equipment to Other LEAs” and the requirements for the “Transfer/Sale of Award-Funded Controlled Equipment to NON-LEAs” do not apply to this award.

52 The recipient agrees that no funds under this grant award (including via subcontract or subaward, at any tier) may be used for unmanned aircraft systems (UAS), which includes unmanned aircraft vehicles (UAV), or for any accompanying accessories to support UAS.

53 Initial period of performance; requests for extension.

The recipient understands that for award amounts of less than $25,000 under JAG (Category 1), the initial period of performance of the award is two years. The recipient further understands that any requests for an extension of the period of performance for an award of less than $25,000 will be approved automatically for up to a total of two additional years, pursuant to 34 U.S.C. 10152(f) and in accordance with the program solicitation associated with this award.

Any request for an extension of the period of performance beyond a four-year award period will require approval, and the approval (if any) will be at the discretion of the Director of BJA.

66 24

54 Applicants must ensure that Limited English Proficiency persons have meaningful access to the services under this program(s). National origin discrimination includes discrimination on the basis of limited English proficiency (LEP). To ensure compliance with Title VI and the Safe Streets Act, recipients are required to take reasonable steps to ensure that LEP persons have meaningful access to their programs. Meaningful access may entail providing language assistance services, including oral and written translation when necessary. The U.S. Department of Justice has issued guidance for grantees to help them comply with Title VI requirements. The guidance document can be accessed on the Internet at www.lep.gov.

55 Cooperating with OJP Monitoring

The recipient agrees to cooperate with OJP monitoring of this award pursuant to OJP's guidelines, protocols, and procedures, and to cooperate with OJP (including the grant manager for this award and the Office of Chief Financial Officer (OCFO)) requests related to such monitoring, including requests related to desk reviews and/or site visits. The recipient agrees to provide to OJP all documentation necessary for OJP to complete its monitoring tasks, including documentation related to any subawards made under this award. Further, the recipient agrees to abide by reasonable deadlines set by OJP for providing the requested documents. Failure to cooperate with OJP's monitoring activities may result in actions that affect the recipient's DOJ awards, including, but not limited to: withholdings and/or other restrictions on the recipient's access to award funds; referral to the DOJ OIG for audit review; designation of the recipient as a DOJ High Risk grantee; or termination of an award(s).

56 Use of program income

Program income (as defined in the Part 200 Uniform Requirements) must be used in accordance with the provisions of the Part 200 Uniform Requirements. Program income earnings and expenditures both must be reported on the quarterly Federal Financial Report, SF 425.

57 Compliance with 28 C.F.R. Part 23

With respect to any information technology system funded or supported by funds under this award, the recipient (and any subrecipient at any tier) must comply with 28 C.F.R. Part 23, Criminal Intelligence Systems Operating Policies, if OJP determines this regulation to be applicable. Should OJP determine 28 C.F.R. Part 23 to be applicable, OJP may, at its discretion, 67 25

perform audits of the system, as per the regulation. Should any violation of 28 C.F.R. Part 23 occur, the recipient may be fined as per 34 U.S.C. 10231(c)-(d). The recipient may not satisfy such a fine with federal funds.

58 Protection of human research subjects

The recipient (and any subrecipient at any tier) must comply with the requirements of 28 C.F.R.

Part 46 and all OJP policies and procedures regarding the protection of human research subjects, including obtainment of Institutional Review Board approval, if appropriate, and subject informed consent.

59 Confidentiality of data

The recipient (and any subrecipient at any tier) must comply with all confidentiality requirements of 34 U.S.C. 10231 and 28 C.F.R. Part 22 that are applicable to collection, use, and revelation of data or information. The recipient further agrees, as a condition of award approval, to submit a Privacy Certificate that is in accord with requirements of 28 C.F.R. Part 22 and, in particular, 28 C.F.R. 22.23.

60 The recipient agrees to cooperate with any assessments, national evaluation efforts, or information or data collection requests, including, but not limited to, the provision of any information required for the assessment or evaluation of any activities within this project.

61 The recipient understands that, in accepting this award, the Authorized Representative declares and certifies, among other things, that he or she possesses the requisite legal authority to accept the award on behalf of the recipient entity and, in so doing, accepts (or adopts) all material requirements that relate to conduct throughout the period of performance under this award. The recipient further understands, and agrees, that it will not assign anyone to the role of Authorized Representative during the period of performance under the award without first ensuring that the individual has the requisite legal authority.

62 68
26 In accepting this award, the recipient agrees that grant funds cannot be used for Facial Recognition Technology (FRT) unless the recipient has policies and procedures in place to ensure that the FRT will be utilized in an appropriate and responsible manner that promotes public safety, and protects privacy, civil rights, and civil liberties and complies with all applicable provisions of the U.S. Constitution, including the Fourth Amendment’s protection against unreasonable searches and seizures and the First Amendment’s freedom of association and speech, as well as other laws and regulations. Recipients utilizing funds for FRT must make such policies and procedures available to DOJ upon request.

63 Withholding of funds for Required certification from the chief executive of the applicant government

The recipient may not expend or draw down any award funds until the recipient submits the required "Certifications and Assurances by the Chief Executive of the Applicant Government," properly-executed (as determined by OJP), and an Award Condition Modification has been issued to remove this condition.

64 Withholding of funds for Memorandum of Understanding

The recipient may not expend or draw down any award funds until OJP has reviewed and approved the Memorandum of Understanding (MOU), and an Award Condition Modification has been issued to remove this condition.

65 Withholding of Funds for Body-Worn Camera Certification

The recipient may not expend or draw down any award funds until the recipient submits, and OJP has reviewed, the required certification regarding body-worn cameras, and an Award Condition Modification has been issued to remove this condition.

66 Recipient integrity and performance matters: Requirement to report information on certain civil, criminal, and administrative proceedings to SAM and FAPIIS

The recipient must comply with any and all applicable requirements regarding reporting of information on civil, criminal, and administrative proceedings connected with (or connected to the performance of) either this OJP award or any other grant, cooperative agreement, or 69 27

procurement contract from the federal government. Under certain circumstances, recipients of OJP awards are required to report information about such proceedings, through the federal System for Award Management (known as "SAM"), to the designated federal integrity and performance system (currently, "FAPIIS").

The details of recipient obligations regarding the required reporting (and updating) of information on certain civil, criminal, and administrative proceedings to the federal designated integrity and performance system (currently, "FAPIIS") within SAM are posted on the OJP web site at https://ojp.gov/funding/FAPIIS.htm (Award condition: Recipient Integrity and Performance Matters, including Recipient Reporting to FAPIIS), and are incorporated by reference here.

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Subrecipient Monitoring Procedures
County of San Bernardino
Law and Justice Group

Grant Award/Sub-Award Process
When the Law and Justice Group (L&JG) has been notified that it has been awarded a grant, a Board Agenda Item to accept the grant will be prepared and submitted to the Board of Supervisors (BOS) for approval. Where there is a sub -award to be granted, a Sub -Award Agreement will be prepared by the L&JG (recipient) and approved by the BOS and the subrecipient. The appropriate officials wil l sign the sub-award documents. The Sub -Award Agreement will identify the federal award information and applicable compliance requirements, including applicable special conditions for each federal sub -award.

The Sub -Award Agreement will include the Grant Award Number, Award Date, Catalog of Federal Domestic Assistance (CFDA) number, Project Title, Project Period, Award Amount, and all applicable Special Conditions for the sub-award. The L&JG’s Subrecipient Monitoring Procedures will be included in the Sub-Award Agreement.

Grant Revenue
When notified that a grant award has been made, the Grant Coordinator requests a budget code for the grant award from the Auditor-Controller/Treasurer/Tax Collector (ATC), and submits appropriate budget documents for the Board of Supervisors approval. Once the budget is established, the Grant Coordinator requests a drawdown of grant funds and deposits the funds into the applicable special revenue fund.

Timeframes for the drawdown requests will be accomplished in accordance with award requirements specified by the awarding agency. The Grant Coordinator maintains a record of revenues requested and received and reconciles the account.

Disbursement of Funds to Subrecipients
When disbursing sub-award funds to subrecipients, the Grant Coordinator will prepare the appropriate payment document. The payment document is reviewed and approved by the Chair of the L&JG. The ATC processes payments and disbursement of funds.

To notify subrecipients of the federal award number, CFDA number, and the amount of federal funds at the time of the disbursement of funds, the following steps will be followed:
• The payment documents will reference the federal award number, CDFA number, and the amount of federal funds.
• Correspondence will be sent to subrecipients at the time of disbursement identifying the payment and detailing the required federal information.

Subrecipient Monitoring Requirement
Sub-awards will be monitored in accordance with all applicable statutes, regulations, the Uniform Grant Guidance, OMB Circulars, and guidelines, including the Office of Justice Programs Financial Guide. The recipient will include the applicable conditions of this award in any sub-award. The recipient is responsible for the following:
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• Ensure that every sub-award is clearly identified to the subrecipient as a sub-award and includes applicable conditions of the federal award.
• Evaluate each subrecipient’s risk of noncompliance with federal statutes, regulations and the terms and conditions of the sub-award for purposes of determining the appropriate subrecipient monitoring procedures.
• Oversight of subrecipient spending and monitoring of specific outcomes and benefits attributable to the use of funds.
• Review financial and performance reports.
• Follow-up and ensure that subrecipients take timely and appropriate action on all deficiencies pertaining to the federal award provided to the subrecipient from the pass -through entity detected through audits, on-site monitoring visits, and other means. • Issue a management decision for audit findings pertaining to the federal award provided to the subrecipient from the pass-through entity as required by 2 CFR 200.521 Management Decision. • Verify that every subrecipient who is expected to expend $750,000 or more is audited as required by 2 CFR 200 Subpart F Audit Requirements.
• Consider whether the results of the subrecipient’s audits, on -site monitoring visits or other monitoring indicate conditions that necessitate adjustments to the pass -through entity’s own records.
• Consider taking enforcement against noncompliant subrecipients as described in 2 CFR 200.338 Remedies.

Subrecipient Monitoring Process
On-site monitoring of grant-funded projects may be conducted by the U.S. Department of Justice or the County of San Bernardino. At that time, the identified subrecipient agency will be required to provide documentation supporting expenditures, and/or a physical review of items funded through the grant may be requested.

To ensure full compliance with this legislative mandate, all grant related documentation to include timesheets, invoices, purchase orders, canceled checks, and contracts must be maintained in a location accessible to the person responsible for managing the sub-award, and the agency’s chief executive.

If it is determined funds are not being used for approved purposes, or if proper documentation is not maintained, the amount in question must be returned to the U.S. Department of Justice. The subrecipient agency may also be deemed ineligible for future federal funding.

On-Site Monitoring
The County of San Bernardino L&JG may conduct on-site monitoring. The monitoring will be based upon performance and reported expenditure of funds. The monitoring will be based upon performance, tracked through reports and regular correspondence. This method will ensure the subrecipient in greatest need for assistance in managing their award is provided the necessary tools to be in full compliance with U.S. Department of Justice requirements.

If selected for monitoring, the subrecipient will be notified at least 20 days prior to the monitoring. The staff person responsible for managing the sub -award, the staff person assigned to managing fiscal operations, the chief executive of the subrecipie nt agency, and any other applicable persons directly involved in the oversight of grant funds will be asked to attend. Appropriate documentation will also be requested for review. During the monitoring, the following items will be reviewed and/or discuss ed:
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invoices, timesheets, canceled checks, equipment purchased, policies and procedures, financial status reports, performance reports and grant files.

If the subrecipient is non -compliant with award requirements, the following actions will be taken: The County of San Bernardino will assist the subrecipient with the resolution of identified issues, a recommendation to the U.S. Department of Justice for a federal monitoring of the sub -award will be made, future payments will be withheld until all issues are resolved, and closer oversight of the subrecipient by San Bernardino County will be implemented.

Project Accounting and Record Keeping
Adequate control of funds received to ensure compliance with federal and state regulations and grant sub-award conditions will be accomplished. Separate records are maintained for each project to avoid commingling of project funds with other funds.

Obligation and Expenditure of Funds
All Grant funds must be obligated by the termination date of the project.

Grant funds legally obligated by the termination date must be expended within the timeframe specified within the Grant Contract, Agreement, or Sub-Award Agreement. Justice Assistance Grant funds must be expended by the end of the project period.

Reporting Requirements
Submission of financial reports will be accomplished in accordance with the guidelines specified in the Grant Contract, Agreement, or Sub-Award Agreement.

Subrecipient Audits – Uniform Grant Guidance and OMB Circular A-133 Compliance Subrecipients are required to comply with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards in 2 CFR Part 200 (Uniform Grant Guidance) for federal awards made on or after December 26, 2014, or with the OMB Circular A-133 for federal awards made prior to December 26, 2014.

A single or program specific audit is required in any year that a government expends $750,000 or more a year in federal awards. Both the Uniform Grant Guidance and the OMB Circular A -133 require audits to be completed and submitted to the Federal Audit Clearinghouse (FAC) no later than nine (9) months after the close of each fiscal year during the term of each grant award. As a condition of the sub -award agreement, the Law and Justice Group will require the subrecipient to submit a copy of the audit, including any corrective action plan within 30 days from the date of submission to the FAC. The Grant Coordinator will review and ensure that the subrecipient audit reports are received and that all audit findings have been resolved. Failure of the subrecipi ent to have audits performed as required may result in the withholding of new discretionary awards and/or withholding of funds.

Project Closeout
The Grant Coordinator will schedule, monitor, and ensure timely completion of all required closeout activities and final financial reports in conformance with the guidelines required by the awarding agency.

Inventory Control
Subrecipients will maintain an inventory of equipment purchased with grant funds and submit inventory records to the Grants Coordinator if requested. Records shall be retained for a period of three years from the date of the disposition or replacement or transfer at the discretion of the awarding agency. As 73

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equipment or other non-expendable property is purchased and received, it will be permanently marked, a property inventory record completed, and the property inventory record will be made part of the permanent grant sub-award file. Disposition of equipment will be done in accordance with the awarding agency’s guidelines.

Retention Period
Project records must be maintained for the required period after the awarding agency determines that the grantee has met all the project requirements and the project has been accepted for closeout. Records will be maintained for a minimum of three years. The three-year retention period starts from the date of the submission of the closure of the single audit report which covers the grant period and lasts until completion of any disputes arising prior to the expiration of the three year period, whichever is later.

APPROVED BY:

G. Christopher Gardner, Chair
Law and Justice Group

_______June 1, 2020_______
Date
74 75
76 77
78 79

MEMORANDUM

CITY OF CHINO

COMMUNITY SERVICES, PARKS & RECREATION DEPARTMENT

CITY COUNCIL MEETING DATE: DECEMBER 19, 2023

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

RECREATION

SUBJECT
..titl e
Chino Rancho Park Development Project.
..end

RECOMMENDATION
..recommendation
1) Award a construction contract in the amount of $3,254,984 to Act 1 Construction, Inc., Norco, CA for the Chino Rancho Park Development Project (PK200/G8201/G4069); 2) authorize expenditures of up to $488,247 for project construction contingencies, for a not-to-exceed potential contract amount of $3,743,231; 3) appropriate $1,630,700.91 from the unappropriated reserves of the Park Fund; 4) establish a Grant G4069 in the Park Fund 340 and additional appropriation and revenue in the amount of $1,000,000 fro m the San Bernardino County/City of Chino-American Rescue Plan Act and the Coronavirus Local Fiscal Recovery Fund; 5) approve the contract between San Bernardino County and the City of Chino Related to the American Rescue Plan Act and the Coronavirus Local Fiscal Recovery Fund; and 6) authorize the City Manager to execute all documents on behalf of the City.

..body

FISCAL IMPACT
Requires an additional appropriation of $2,630,700.91 from the Park Fund 340 with $1,630,700.91 coming from the Park Fund reserves and the other $1,000,000 coming from the San Bernardino County ARPA Funds (G4069). There are sufficient reserves available for this appropriation. There are additional Prop 68 Grant (G8201) funds being used for this project.

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
 Financial Stability
 Responsible Long-Range Planning
 Public Service Excellence through Internal and External Partnerships

Revenue: 3408300-59500-G4069

Expenditure: 3408300-40010-PK200/G4069
Transfer In: Transfer Out:
80 CITY COUNCIL MEETING DATE: DECEMBER 19, 2023
TITLE: CHINO RANCHO PARK DEVELOPMENT PROJECT.

PAGE: 2

BACKGROUND
The Community Services, Parks & Recreation Department applied for a competitive grant through the State of California, Department of Parks and Recreation Office of Grants and Local Services. The City was awarded $2,858,075 to develop a park on the southea st corner of Central Avenue and Phillips Boulevard, now named Chino Rancho Park in April 2020. This new

1.18 acre park will consist of an entry monument for the City and park, parking lot, restroom building, an all -inclusive playground, shade pavilion, tw o pickle ball courts, outdoor fitness equipment, open space, walking trail with benches, and drought tolerant landscaping.

During the design process, the scope of the project was expanded to incorporate street and infrastructure improvements within the public right of way around the perimeter of the park along Central Avenue and Phillips Boulevard. These improvements consist of the undergrounding of communication utility lines; adding landscape, curb and gutter, sidewalk, and repaving a section of Phillip s Boulevard along the northern perimeter of the park. There will also be sidewalk improvements along the east side of Central Avenue and new ADA curb ramps on the corner of Central Avenue and Phillips Boulevard.

The Chino Rancho Park site is exempt from the CEQA Compliance Certification and was recorded with the County on October 28, 2019.

To date the City has expended funds for demolition of the existing water basin, concrete pipes, grading, utilities connections, and the purchase of equipment, includi ng a pre -manufactured restroom.

ISSUES/ANALYSIS
Staff prepared specifications for the project and a Notice Inviting Bids was published on PlanetBids. On October 25, 2023, nine (9) bids were accepted electronically with the following results:

Company Name Total Bid Amount
1 Act 1 Construction, Inc. $3,254,984.00
2 C.S. Legacy Construction, Inc. $3,540,683.50
3 DEARK E&C, Inc $3,586,500.00
4 Sierra Construction & Excavation, Inc. $3,891,420.00
5 Roadway Engineering & Construction Corporation $3,958,000.00 6 KASA Construction, Inc. $4,188,000.00
7 ABNY General Engineering $4,283,000.00
8 Spec Construction Co, Inc. $4,291,500.00
9 Los Angeles Engineering, Inc. $5,200,000.00
The lowest bid was submitted by Act 1 Construction Inc., Norco, CA in the amount of $3,254,984. Staff subsequently reviewed Act 1 Construction, Inc.’s contractor licenses, bonds, references, and list of sub -contractors submitted for the project and determined them to be a responsive and responsible bidder . In addition to the contract amount, staff is requesting authorization to spend up to $488,247 for project contingencies for unanticipated work, bringing the total potential construction contract to $3,743,231.

81 CITY COUNCIL MEETING DATE: DECEMBER 19, 2023
TITLE: CHINO RANCHO PARK DEVELOPMENT PROJECT.

PAGE: 3

On November 9, 2023, staff met with the City Council Infrastructure Streets Committee to discuss additional funding options for this project due to the bid amounts being higher than the projected budget. Subsequent to this meeting, $1,000,000 of funding became available through the County of San Bernardino. The Committee supports this project and the additional funding sources identified and described in the Fiscal Impact Statement and the funding summary below. These additional funding sources will allow this needed project to be completed.

Funding for the entire project is being provided through several funding sources, including a grant through the 2018 Parks Bond Act Statewide Park Development, the County of San Bernardino allocation of ARPA funds, and the unappropriated reserves of the Park Fund.

Construction Contract Cost Summary
Chino Rancho Park Development
Project Bid
$3,254,984.00
Project Contingencies $488,247.00
Total Contract Amount $3,743,231.00

Funding Summary
Prop 68 Grant $2,858,075.00
Additional Appropriation from the
Park Fund Reserves – 340
$1,630,700.91
SB CTY ARPA Funds $1,000,000.00
Total Project Funding Summary $5,488,775.91

Attachments - Act 1 Construction, Inc. – Agreement and Proposal San Bernardino County ARPA Funds Agreement/Exhibit A

82 Contract No.:

Approved:

AGREEMENT

CHINO RANCHO PARK DEVELOPMENT PROJECT

THIS AGREEMENT is made and entered into this 5th day of December 2023 by and between THE CITY OF CHINO, a municipal corporation, hereinafter called “City”, and ACT 1 CONSTRUCTION, INC., hereinafter called “Contractor”.

WITNESSETH, that the parties hereto mutually agree as follows:

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

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

City shall pay Contractor, and Contractor shall receive, for completing the Work in accordance with the requirements of the Contract Documents and in full compensation therefor, the price named in the Bid Proposal. Subject to any additions or deductions that may be made by change order or amendment, and any penalties or damages that may be assessed against Contractor, Contractor shall receive a total contract amount of Three Million Two Hundred Fifty -Four Thousand Nine Hundred Eighty-Four Dollars and No Cents ($3,254,984.00) for completion of the contract work.

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

ARTICLE IV: Contractor shall begin work within fifteen (15) calendar days after receiving a Notice to Proceed from the City and the work shall be completed within one hundred and twenty (120) working days from the date on which the work was started. If the work is not completed within said time period, liquidated damages shall apply.

ARTICLE V: The Notice Inviting Bids, the Summary of Work, the Instructions to Bidders, the Bid Documents, the Required Post-Bid Documents, the General Provisions, the Special Provisions, 83 the Technical Specifications, and all other drawing, plans, or specifications for the Work (collectively, “Contract Documents”) are hereby incorporated in to and made part of this Agreement.

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

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

Similarly, Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.

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

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

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

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

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

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

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

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

[SIGNATURES ON FOLLOWING PAGE]

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

Approved as to Form: Approved as to Content:

City Attorney Silvia Avalos
Director of Community Services, Parks
& Recreation Department

CONTRACTOR

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

CITY OF CHINO

Dated:

Linda Reich, City Manager

ATTEST:

Natalie Gonzaga, City Clerk

Date

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THE INFORMATION IN THIS BOX IS NOT A PART OF THE CONTRACT AND IS FOR COUNTY USE ONLY

County Administrative Office

Department Contract Representative Matthew Erickson, County Chief Financial Officer
Telephone Number (909) 387-5423

Contractor CITY OF CHINO
UEI No. RGVNGHJR3NV5
Contractor Representative Rob Burns, Director of Finance Telephone Number 909-334-3341
Contract Term 12/19/2023 through 12/31/2026
Original Contract Amount Based on actual project costs not to exceed $1,000,000
Amendment Amount
Total Contract Amount Based on actual project costs not to exceed $1,000,000
Cost Center 110-094-1078
Internal Order (If Applicable)

CONTRACT BETWEEN SAN BERNARDINO COUNTY AND CITY OF CHINO RELATED TO THE

AMERICAN RESCUE PLAN ACT AND THE CORONAVIRUS LOCAL FISCAL RECOVERY FUND

WHEREAS, on March 4, 2020, the State of California declared a state of emergency as a result of the Coronavirus Disease 2019 ( COVID-19) outbreak and on March 13, 2020, by Proclamation 9994, the President declared a national emergency concerning the COVID -19 pandemic. The COVID -19 pandemic continues to cause significant risk to the public health and safety of the United States; and

WHEREAS, on March 11, 2021, the American Rescue Plan Act (ARPA) was signed into law by the President and the law is intended to combat the COVID-19 pandemic, including the public health and economic impacts; and

WHEREAS, pursuant to Section 9901 of the ARPA, San Bernardino County (County) received a disbursement from the Unite d States Department of the Treasury of money associated with the Coronavirus Local Fiscal Recovery Fund (CLFRF) for Local Governments under Section 603(a) [see 42 U.S.C. Section 803]; and

WHEREAS, the County agreed to comply with the United States Department of the Treasury Coronavirus State Fiscal Recovery Fund Award Terms and Conditions (Terms and Conditions), including Assurance of Compliance with Title VI of the Civil Rights Act of 1964 (Assurance of Contract Number
ARPA21-PRJC-049-CHI

SAP Number

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Compliance with Civil Rights Requirements), identified in the United States Department of the Treasury and San Bernardino County Agreement (OMB Approved No. 1505 -0271) (United States Department of the Treasury Agreement), which is on file with the County and incorporated herein by this reference; and

WHEREAS, the Assistance Listing Number (ALN)/Federal Assistance Identification Number (FAIN) for the ARPA CLFRF is 21.027/SLFRP0154 respectively; and

WHEREAS, the ARPA provides that payments from the CLFRF may be used for the following : i) to respond to the public health emergency with respect to COVID -19 or its negative economic impacts, including assistance to households, small businesses, and nonprofits, or aid to impacted industries such as tourism, travel, and hospitality ; ii) to respond to workers performing essential work during the COVID–19 public health emergency by providing premium pay to eligible workers that are performing such essential work, or by providing grants to eligible employers that have eligible workers who perform essential work; iii) for the provision of government services to the extent of the reduction in revenue due to the COVID –19 public health emergency relative to revenues collected in th e most recent full fiscal year prior to the emergency; or iv) to make necessary investments in water, sewer, or broadband infrastructure; and

WHEREAS, funding provided under ARPA CLFRF must be obligated by December 31, 2024 and expended by December 31, 2026; and

WHEREAS, the County desires to transfer and City of Chino (Contractor) desires to accept a transfer from ARPA CLFRF in the not-to-exceed amount of $1,000,000 for expenditures identified in Exhibit “A” related to the Chino Rancho Park Development Project.

NOW, THEREFORE, in consideration of the above, the County and Contractor agree as follows:

1. THE ARPA CLFRF
A. This Contract applies to the following ARPA CLFRF transfers:

The transfer by the County of an amount not to exceed $1,000,000 to Contractor on a reimbursement basis for expenditures identified in Exhibit “A”. Exhibit “A” is attached hereto and incorporated herein by this reference. County acknowledges and agrees that Contractor will be administering the transfer of funds for the expenditures identified in Exhibit “A” by separate contracts. Contractor shall provide the County quarterly reports of actual cash expenditures to date under this Contract, and estimated cash expenditures through December 31st of each year. County, through its Chief Executive Officer (CEO), in the CEO’s sole discretion, reserves the right to reduce the transfer amount identified in this Contract with fifteen (15) days advance written notice provided to Contractor. The reduction would be based: A) on Contractor’s estimated cash expenditures through December 31st of each year; B) a later determination by the United States Department of the Treasury, or County, that the costs identified in this Contract are ineligible for ARPA CLFRF; or C) a determination by CEO the funds should be utilized in a different manner.

B. Contractor certifies that the use of funds that will be submitted for reimbursement from the CLFRF under Paragraph 1.A. and Exhibit “A” of this Contract will be used only to cover those costs that: i) are related to public health or negative economic impact eligible use; and ii) were incurred during the period that begins December 19, 2023, and will end December 31, 2024. For purposes of this Contract and pursuant to federal guidance, expended or obligated costs are costs incurred by Contractor during the time period referenced above that are allowable for reimbursement. Any cost obligated by Contractor as of December 31, 2024, 118
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must be expended by December 31, 2026, to meet the eligible costs timeframe as defined by the United States Department of the Treasury.

C. Contractor agrees that the funds provided pursuant to this Contract cannot be used: i) as a revenue replacement for lower than expected tax or other revenue collections; ii) for expenditures for which Contractor has received any other emergency COVID -19 supplemental funding (whether federal, state, or private in nature) for that same expense; or iii) as a deposit into any pension fund.

D. Contractor shall prepare and submit to County an invoice for reimbursement of eligible funding expenses identified in Paragraph 1.A., above. Invoices may be submitted to County as frequently as monthly. Invoices will be reviewed and approved for compliance with terms of this Contract. County shall reimburse to Contractor the amount of approved invoices submitted within sixty (60) days of receipt. If an invoice is rejected, or revisions are requested, Contractor will work with County to submit the required revisions.

E. Both County and Contractor agree to comply with any and all ARPA CLFRF requirements, including but are not limited to the terms included in this Contract , as well as any and all applicable County, Contractor, State, and Federal laws, regulations, policies and procedures pertaining to the funding described in this Contract. County and Contractor shall comply with Title 2 Code of Federal Regulations (C.F.R.) Part 200 (Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards) , including, but not limited to , Title 2 C.F.R. Section 200.303 (internal control), Title 2 C.F.R. Sections 200.331 through 200.333 (subrecipient monitoring and management), and Title 2 C.F.R. Part 200 Subpart F (audit requirements), as these sections currently exist or may be amended. The use of funds must also adhere to official federal guidance issued or to be issued on what constitutes a n eligible expenditure. Any funds expended by Contractor or its subcontractor(s) in any manner that does not adhere to official federal guidance shall be returned to the County. Contractor agrees to comply with all official guidance regarding the ARPA CLFRF. County and Contractor also agree that as additional federal guidance becomes available, an amendment to this Contract may become necessary. If an amendment is required, Contractor agrees to promptly execute the Contract amendment.

F. Contractor shall retain documentation of all uses of the funds, including but not limited to invoices and/or sales receipts in a manner consistent with Title 2 C.F.R. Section 200.334 (retention requirements for records). Such documentation shall be produced to County upon request and may be subject to audit. Unless otherwise provided by Federal or State law (whichever is the most restrictive) , Contractor shall maintain all documentation connected with its performance under this Contract for a minimum of five (5) years from the date of the last payment made by County or until audit resolution is achieved, whichever is later, and to make all such supporting information available for inspection and audit by representatives of the County, the State or the United States Gov ernment during normal business hours at Contractor. Copies will be made and furnished by Contractor upon written request by County.

G. Contractor shall establish and maintain an accounting system conforming to Generally Accepted Accounting Principles (GAAP) to support Contractor’s requests for reimbursement which segregate and accumulate costs of Contractor and produce monthly reports which clearly identify reimbursable costs, matching fund costs (if applicable), and other allowable expenditures by Contractor. Contractor shall provide a monthly report of expenditures under this Contract no later than the 20th day of the following month.

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H. Contractor shall cooperate in having an audit completed by County, at County’s option and expense. Any audit required by ARPA CLFRF and its regulation and United States Treasury guidance will be completed by Contractor at Contractor’s expense.

I. Contractor shall repay to County any r eimbursement for ARPA CLFRF funding that is determined by subsequent audit to be unallowable under the ARPA CLFRF within the time period required by the ARPA CLFRF, but no later than one hundred twenty (120) days of Contractor receiving notice of audit findings, which time shall include an opportunity for Contractor to respond to and/or resolve th e findings. Should the findings not be otherwise resolved and Contractor fail to reimburse moneys due County within one hundred twenty (120) days of audit findings, or within such other period as may be agreed between b oth parties or required by the ARPA CLFRF, County reserves the right to withhold future payments due Contractor from any source under County’s control.

J. Contractor shall accept all payments from County via electronic funds transfer (EFT) directly deposited into the Contractor’s designated checking or other bank account. Contractor shall promptly comply with directions and accurately complete forms provided by County required to process EFT payments.

K. County is exempt from Federal excise taxes and no payment shall be made for any personal property taxes levied on Contractor or on any taxes levied on employee wages. The County shall only pay for any State or local sales or use taxes on the services rendered or equipment and/or parts supplied to the County pursuant to the Contract.

L. Funds made available under this Contract shall not supplant any federal, state or any governmental funds intended for services of the same nature as this Contract. Contractor shall not claim reimbursement or payment from County for, or apply sums received from County with respect to that portion of its obligations that have been paid by another source of revenue. Contractor agrees that it will not use funds received pursuant to this Contract, either directly or indirectly, as a contribution or compensation for purposes of obtaining funds from another revenue source without prior written approval of the County.

M. County shall only reimburse costs incurred through the dates identified in Exhibit “A”.

Contractor requirements in Sections 1, 2 and 5 of this Contract shall survive the termination of this Contract. The costs to be reimbursed under this Contract do not include Research and Development as defined in Title 2 Code of Federal Regulations ( C.F.R.) Section 200.1, nor do they include indirect costs.

2. AMERICAN RESCUE PLAN ACT REQUIREMENTS
A. This Contract may be funded in whole or in part with funds provided by the American Rescue Plan Act - Coronavirus Local Fiscal Recovery Fund (ARPA), Federal Award Identification Number (FAIN): SLFRP0154 and Assistance Listing Number (formerly known as a CFDA number): 21.027 , and therefore Contractor agrees to comply with any and all ARPA requirements in addition to any and all applicable County, State, and Federal laws, regulations, policies, and procedures pertaining to the fu nding of this Contract. The use of the funds must also adhere to official federal guidance issued or to be issued on what constitutes a necessary expenditure. Any funds expended by Contractor or its subcontractor(s) in any manner that does not adhere to th e ARPA requirements shall be returned or repaid to the County. Any funds paid to Contractor: i) in excess of the amount to which Contractor is finally determined to be authorized to retain; ii) that are determined to have been misused; or iii) that are det ermined to be subject to a repayment obligation pursuant to section 603(e) of the Act and have not been repaid, shall constitute a debt to the 120
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federal government. Contractor agrees to comply with the requirements of section 603 of the Act, regulations adopted by Treasury pursuant to the Act, and guidance issued by Treasury regarding the foregoing. Contractor shall provide for such compliance in any agreements with subcontractor(s).

B. Contractor agrees to comply with all applicable federal laws and regulatio ns, including but not limited to all laws and regulations identified in Section 2 of the Contract.

C. In accordance with Title 2 C.F.R. Section 200.322, the non-Federal Contractor should, to the greatest extent practicable under a Federal award, provide a pr eference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included i n all subawards including all contracts and purchase orders for work or products under this award. For purposes of this section:
“Produced in the United States” means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. “Manufactured products” means items and construction materials composed in whole or in part of non -ferrous metals such as aluminum; plastics and polymer -based products such as polyvi nyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.

D. In accordance with Title 2 C.F.R. Section 200.471, c osts incurred for telecommunications and video surveillance services or equipment such as phones, internet, vid eo surveillance, cloud servers are allowable except for the following circumstances: Obligating or expending covered telecommunications and video surveillance services or equipment or services (as described in 2 C.F.R. Section 200.216) to: 1) Procure or obtain, extend or renew a contract to procure or obtain; 2) Enter into a contract (or extend or renew a contract) to procure; or 3) Obtain the equipment, services, or systems, as described in Title 2 C.F.R. Section 200.216 that uses covered telecommunication s equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115 -232, section 889, covered telecommunications equipment is telecommunications equipment produced b y Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities) and: (i) F or the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national s ecurity purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities); (ii) Telecommunications or video surveillance services provided by such e ntities or using such equipment; and (iii) Telecommunications or video surveillance equipment or services produced or provided by a n entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. In implementing the prohibition under Public Law 115 -232, section 889, subsection (f), paragraph (1), heads of executive agencies administering loan, grant, or subsidy programs shall prioritize available funding and technical support to assist affected businesses, institutions and organizations as is reasonably necessary for those affected entities to transition from covered communications equipment and services, to procure replacement equipment and services, and to ensure that communications service to users and customers is sustained.

E. A non-Federal Contractor that is a state agency or agency of a political subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as 121
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amended by the Resource Conservation and Recovery Act. The req uirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at Title 40 C.F.R. Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a s atisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

F. Byrd Anti-Lobbying Amendment (31 U.S.C. Section 1352) - Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by Title 31 U.S.C. Section 1352. Each tier must also disclose any lobbying with non- Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award.

G. Clean Air Act (42 U.S.C. Sections 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. Sections 1251 -1389), as amended - Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non -Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. Sections 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. Sections1251-1389).

H. Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of “funding agreement” under Title 37 C.F.R. Section 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the Title 33 U.S.C. Sections 1251-1387 recipient or subrecipient must comply with the requirements of Title 37 C.F.R. Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency.

I. Contract Work Hours and Safety Stand ards Act (40 U.S.C. Sections 3701-3708). Where applicable, all contracts awarded by the non -Federal Contractor in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with Title 40 U.S.C. Sections 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. Part 5). Under Title 40 U.S.C. Section 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of Title 40 U.S.C. Section 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous to health or safety . These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.

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J. Davis-Bacon Act, as amended (40 U.S.C. Sections 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non - Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C.

Sections 3141-3148) as supplemented by Department of Labor regula tions (29 C.F.R. Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less tha n the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non -Federal contractor must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal Contractor must report all suspected or reported violations to t he Federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti -Kickback” Act (18 U.S.C. Section 874 and 40 U.S.C. Section 3145), as supplemented by Department of Labor regulations (29 C.F.R.

Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non -Federal contractor must report all suspected or reported violations to the Federal awarding agency.
i. The Contractor and all Subcontractors and Sub -subcontractors are required to pay their employees and workers a wage not less than the minimum wage for the work classification as specified in both the Federal and California wage decisions. See Exhibit “B” for additional information regarding California Prevailing Wage Rate Requirements and the applicable general prevailing wage determinations which are on file with the County and are available to any interested party on request. The higher of the two applicable wage determinations, either California prevailing wage or Davis- Bacon Federal prevailing wage, will be enforced for all applicable work/services under this Contract.

K. Contracts for more than the simplified acquisition threshold, which is the inflatio n adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by Title 41 U.S.C. Section 1908, must address administrative, contractual, or leg al remedies in instances where Contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate.

L. All contracts in excess of $10,000 must address termination for cause and for convenience by the non-Federal Contractor including the manner by which it will be effected and the basis for settlement.

M. Equal Employment Opportunity. Except as otherwise provided under Title 41 C.F.R. Part 60, all contracts that meet the definition of “federally assisted const ruction contract” in Title 41 C.F.R. Section 60-1.3 must include the equal opportunity clause provided under Title 41 C.F.R. Section 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 C.F.R. part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” The identified clause is below and Contractor shall comply with the clause and all legal requirements and include the equal opportunity clause in each of its nonexempt subcontracts.

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i. The applicant hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the regulations of the Secretary of Labor at Title 41 C.F.R. Chapter 60, which is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, the following equal opportunity clause:

During the performance of this contract, the contractor agrees as follows:

(1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin.

Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The co ntractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.

(2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.

(3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conduct ed by the employer, or is consistent with the contractor's legal duty to furnish information.

(4) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

(5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and the rules, regulations, and relevant orders of the Secretary of Labor.

(6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and 124
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accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

(7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24 , 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

(8) The contractor will include t he portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a m eans of enforcing such provisions, including sanctions for noncompliance:

Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States.

The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, that if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract.

The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance.

The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the a pplicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant 125
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under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings.

N. Data Collection Requirements – Contractor agrees to collect pre-post data per County, and United States Treasury guidelines and timeline, for project tracking and monitoring and various reporting purposes. Data including, but not limited to: Required Project Demographic Distribution Data; Required Performance I ndicators and Programmatic Data; Required Expenditure Report Data; and Required Program Evaluation Data. Contractor agrees to track and monitor data in a quantifiable and reportable database - retrievable collective data that needs to be available to County, State or Federal governments upon request.

O. Data Submission Requirements - Contractor agrees to furnish data to the County up on request, per County, and United States Treasury guidelines and timeline, for project tracking and monitoring and various reporting purposes. Data including, but not limited to: Required Project Demographic Distribution Data; Required Performance Indicators and Programmatic Data; Required Expenditure Report Data; Required Program Evaluation Data. Contractor agrees to track and monitor data in a quantifiable and reportable database - retrievable collective data that needs to be available at request.

P. Project Progress Reporting - Contractor agrees to provide project timeline and progress updates to the County upon request, per County, and United States Treasury guidelines and timeline. Contractor agrees to routine and impromptu program and project evaluation by the County.

Q. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, Title 2 C.F.R. Part 200, other than such provisions as Treasury may determine are inapplicable and subject to such exceptions as may be otherwise provided by Treasury .

Subpart F – Audit Requirements of the Uniform Guidance, implementing the Single Audit Act, shall apply.

R. Universal Identifier and System for Award Management (SAM), Title 2 C.F.R. Part 25.

S. Reporting Subaward and Executive Compensation Information, Title 2 C.F.R. Part 170.

T. OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (nonprocurement), title 2 C.F.R. Part 180, including the requirement to include a term or condition in all lower tier covered transactions (contracts and subcontract s described in 2 C.F.R. Part 180, subpart B) that the award is subject to Title 2 C.F.R. Part 180 and Treasury’s implementing regulation at Title 31 C.F.R. Part 19. Debarment and Suspension (Executive Orders 12549 and 12689) - A contract award (see 2 CFR Section 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at Title 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.

U. Recipient Integrity and Performance Matters, pursuant to which the award terms set forth in Title 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by reference.

V. Government Requirements for Drug-Free Workplace, Title 31 C.F.R. Part 20. 126
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W. New Restrictions on Lobbying, Title 31 C.F.R. Part 21.

X. Uniform Relocation Assistance and Real Property Acquis itions Act of 1970 (42 U.S.C.

Sections 4601-4655) and implementing regulations.

Y. Applicable Federal environmental laws and regulations.

Z. Statutes and regulations prohibiting discrimination include, without limitation, the following:
i. Title V I of the Civil Rights Act of 1964 (42 U.S.C. Sections 2000d et seq.) and Treasury’s implementing regulations at Title 31 C.F.R. Part 22, which prohibit s discrimination on the basis of race, color, or national origin under programs or activities receiving federal financial assistance.
ii. The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. Sections 3601 et seq.), which prohibits discrimination in housing on the basis of race, color, religion, national origin, sex, familial status, or disability. iii. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. Section 794), which prohibits discrimination on the basis of disability under any program or activity receiving federal financial assistance.
iv. The Age Discrimination Act of 1975, as amended (42 U.S.C. Sections 6101 et seq.), which prohibits discrimination on the basis of disability under programs, activities, and services provided or made available by state and local governments or instrumentalities or agencies thereto.
v. Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. Sections 12101 et seq.), which prohibits discrimination on the basis of disability under programs, activities, and services provided or made available by state and local governments or instrumentalities or agencies thereto.

AA. Contractor understands that making false statements or claims in connection with the ARPA funded activities is a violation of federal law and may result in criminal, civil, or administrative sanctions, including fines , imprisonment, civil damages and penalties, debarment from participating in federal awards or contracts, and/or any other remedy available by law.

BB. Any publications produced with ARPA funds must display the following language: “This project [is being] [was] supported, in whole or in part, by federal award number SLFRP0154 awarded to San Bernardino County by the United States Department of Treasury.”

CC. Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), Contractor is being encouraged to adopt and enforce on -the-job seat belt policies and programs for their employees when operating company-owned, rented, or personally owned vehicles.

DD. Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6, 2009), Contractor is being encouraged to adopt and enforce policies that ban text messaging while driving and establishing workplace safety policies to decrease accidents caused by distracted drivers.

EE. As a recipient of federal financial assistance, the Civil Rights Restoration Act of 1987 applies, and Contractor and all subrecipients assures that it:
i. Ensures its current and future compliance with Title VI of the Civil Rights Act of 1964, as amended, which prohibits exclusion from participation, denial of the benefits of, or subjection to discrimination under programs and activities receiving federal funds, of any person in the United States on the ground of race, color, or national origin (42 127
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U.S.C. Sections 2000d et seq.), as implemented by the Department of the Treasury Title VI regulations at Title 31 CFR Part 22 and other pertinent executive orders such as Executive Order 13166, directives, circulars, policies, memoranda and/or guidance documents.
ii. Acknowledges that Executive Order 13166, “Improving Access to Services for Persons with Limited English Proficiency,” seeks to improve access to federally assisted programs and activities for individuals who, because of national origin, have Limited English prof iciency (LEP). Contractor understands that denying a person access to its programs, services, and activities, because of LEP is a form of national origin discrimination prohibited under Title VI of the Civil Rights Act of 1964 and the Department of the Tre asury’s implementing regulations. Contractor shall initiate reasonable steps, or comply with the Department of the Treasury’s directives, to ensure LEP persons have meaningful access to its programs, services, and activities.

Contractor understands and agr ees that meaningful access may entail provide language assistance services, including oral interpretation and written translation where necessary, to ensure effective communication.
iii. Agrees to consider the need for language services for LEP persons during development of applicable budgets and when conducting programs, services, and activities.
iv. Agrees to maintain a complaint log of any complaints of discrimination on the grounds of race, color, or national origin, and limited English proficiency covered by Title VI of the Civil Rights Act and implementing regulations and provide, upon request, a list of all such reviews or proceedings based on the complaint, pending or completed, including outcome.

FF. The Contractor must include the following language in ev ery contract or agreement subject to Title VI and its regulations:
“The sub-grantee, contractor, successor, transferee, and assignee shall comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from excluding a program or activity, denying benefits of, or otherwise discriminating against a person on the basis of race, color, or nation origin (42 U.S.C. Section 2000d et seq.), as implemented by the Department of the Treasury’s Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract (or agreement). Title VI also includes protection to persons with “Limited English Proficiency” in any program or activity receiving federal financial assistance, 42 U.S.C. Sections 2000d et seq., as implemented by the Department of the Treasury’s Title VI regulations, 31 CFR Part 22, and herein incorporated by reference and mad e a part of this contract or agreement.”

GG. Contractor shall cooperate in any enforcement or compliance review activities by the County and/or the Department of the Treasury. Contractor shall comply with information requests, on-site compliance reviews, and reporting requirements.

HH. Contractor shall maintain records and financial documents sufficient to evidence compliance with section 603(c), regulations adopted by Treasury implementing those sections, and guidance issued by Treasury regarding the foregoing.

II. County has the right of access to records (electronic or otherwise) of Contractor in order to conduct audits or other investigations.

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JJ. Contractor shall maintain records for a period of five (5) years after the completion of the contract or a period of five (5) years after the last reporting date the County is obligated with the Department of the United States Treasury, whichever is later.

KK. Contractor must disclose in writing any potential conflict of interest in accordance with Title 2 C.F.R. Section 200.112.

LL. In accordance with Title 41 U.S.C. Section 4712, subrecipient or C ontractor may not discharge, demote, or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below, informat ion that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority relating to a federal contract or grant, a substantial and specific danger to public health o r safety, or a violation of law, rule, or regulation related to a federal contract (including the competition for or negotiation of a contract) or grant.

The list of persons and entities referenced in the paragraph above includes the following: (i) A member of Congress or a representative of a committee of Congress; (ii) An Inspector General; (iii) The Government Accountability Office; (iv) A Treasury employee responsible for contract or grant oversight or management; (v) An authorized official of the Depa rtment of Justice or other law enforcement agency; (vi) A court or grand jury; or (vii) A management official or other employee of recipient, subrecipient, contractor, or subcontractor who has the responsibility to investigate, discover, or address miscond uct. Subrecipient or Contractor shall inform its employees in writing of the rights and remedies provided under this section, in the predominant native language of the workforce.

MM. County and Contractor acknowledge that if additional federal guidance is iss ued, an amendment to this Contract may be necessary. In the event any of the terms in this Section 2 conflict with any other terms in the Contract, the terms in this Section 2 shall control.

3. GENERAL CONTRACT REQUIREMENTS
A. Recitals
The recitals set forth above are true and correct and incorporated herein by this reference.

B. Contract Amendments
Contractor agrees any alterations, variations, modifications, or waivers of the provisions of the Contract, shall be valid only when reduced to writing, executed an d attached to the original Contract and approved by the person(s) authorized to do so on behalf of Contractor and County.

C. Contract Assignability
Without the prior written consent of the County, the Contract is not assignable by Contractor either in whole or in part.

D. Contract Exclusivity
This is not an exclusive Contract. The County reserves the right to enter into a contract with other contractors for the same or similar services. The County does not guarantee or represent that the Contractor will be pe rmitted to perform any minimum amount of work, or receive compensation other than on a per order basis, under the terms of this Contract.

E. Attorney’s Fees and Costs
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If any legal action is instituted to enforce any party’s rights hereunder, each party shal l bear its own costs and attorney fees, regardless of who is the prevailing party. This paragraph shall not apply to those costs and attorney fees directly arising from a third-party legal action against a party hereto and payable under Indemnification and Insurance Requirements.

F. Background Checks for Contractor Personnel
Contractor shall ensure that its personnel (a) are authorized to work in the jurisdiction in which they are assigned to perform services; (d) do not use legal or illegal substances in any manner which will i mpact their ability to provide services ; and (c) are not otherwise disqualified from performing the s ervices under applicable law. If requested by the County and not in violation of applicable law, Contractor shall conduct a background check, at Contractor’s sole expense, on all its personnel providing services. If requested by the County, Contractor shall provide the results of the background check of each individual to the County.

Such background check shall be in the form generally used by Contractor in its initial hiring of employees or contracting for contractors or, as applicable, during the employment - screening process but must, at a minimum, have been performed within the preceding 12 - month period. Contractor personnel who do not meet the County’s hiring criteria, in County’s sole discretion, shall not be assigned to work on County property or s ervices, and County shall have the right, at its sole option, to ref use access to any Contract personnel to any County facility.

G. Change of Address
Contractor shall notify the County in writing, of any change in mailing address within ten (10) business days of the change.

H. Choice of Law
This Contract shall be governed by and construed according to the laws of the State of California.

I. Confidentiality
Contractor shall protect from unauthorized use or disclosure names and other identifying information concerning persons receiving s ervices pursuant to this Contract, except f or statistical information not identifying any participant. Contractor shall not use or disclose any identifying information for any other purpose other than carrying out the Contractor's obligations under this Contract, except as may be otherwise required by law. This provision will remain in force even after the termination of the Contract.

J. Primary Point of Contact
Contractor will designate an individual to serve as the primary point of contact for the Contract. Contractor or designee must respond to Cou nty inquiries within two (2) business days. Contractor shall not change the primary contact without written acknowledgement to the County. Contractor will also designate a back-up point of contact in the event the primary contact is not available.

K. Rule of Construction
The parties agree that this Contract and all agreements or documents incorporated herein shall not be subject to the rule of construction that a written agreement is construed against the party preparing or drafting that agreement.

L. County Representative
The Chief Executive Officer or his/her designee shall represent the County in all matters pertaining to the services to be rendered under this Contract, including termination and 130
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assignment of this Contract, and shall be the final au thority in all matt ers pertaining to the services/scope of Work by Contractor. If this contract was initially approved by the San Bernardino County Board of Supervisors, then the Board of Supervisors must approve all amendments to this Contract.

M. Damage to County Property
Contractor shall repair, or cause to be repaired, at its own cost, all damages to County vehicles, facilities, buildings or grounds caused by the willful or negligent acts of Contractor or its employees or agents. Such repairs shall be ma de immediately after Contractor becomes aware of such damage, but in no event later than thirty (30) days after the occurrence.

If the Contractor fails to make timely repairs, the County may make any necessary repairs.

The Contractor, as determined by the County, shall repay all costs incurred by the County for such repairs, by cash payment upon demand, or County may deduct such costs from any amounts due to the Contractor from the County, as determined at the County’s sole discretion.

N. Debarment and Suspension
Contractor certifies that neither it nor its principals or subcontracts is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or ag ency. (See the following United States General Services Administration’s System for Award Management website https://www.sam.gov). Contractor further certifies that if it or any of its subcontractors are business entitie s that must be registered with the California Secretary of State, they are registered and in good standing with the Secretary of State. An subcontracts funded by this Contract shall be with vendors that meet this certification and registration requirement.

O. Drug and Alcohol Free Workplace
In recognition of individual rights to work in a safe, healthful and productive work place, as a material condition of this Contract, the Contractor agrees that the Contractor and the Contractor’s employees, while perform ing service for the County, on County property, or while using County equipment:
i. Shall not be in any way impaired because of being under the influence of alcohol or an illegal or controlled substance.

ii. Shall not possess an open container of alcohol or consume alcohol or possess or be under the influence of an illegal or controlled substance.

iii. Shall not sell, offer, or provide alcohol or an illegal or controlled substance to another person, except where Contractor or Contractor’s employee who, as part of the performance of normal job duties and responsibilities, prescribes or administers medically prescribed drugs.

The Contractor shall inform all employees that are performing service for the County on County property, or using County equipment, of the County ’s objective of a safe, healthful and productive work place and the prohibition of drug or alcohol use or impairment from same while performing such service for the County.

The County may terminate for default or breach of this Contract and any other Contract the Contractor has with the County, if the Contractor or Contractor’s employees are determined by the County not to be in compliance with above.
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P. Duration of Terms
This Contract, and all of its terms and conditions, shall be binding upon and shall inure to the benefit of the heirs, executors, administrators, successors, and assigns of the respective parties, provided no such assignment is in violation of the provisions of this Contract.

Q. Discrimination
During the term of the Contract, Contractor shall not discriminate against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, sexual orientation, age, or military and veteran status. Contractor shall comply with Executive Orders 11246, 11375, 11625, 12138, 12432, 12250, 13672, Title VI and Title VII of the Civil Rights Act of 1964, the California Fair Employment and Housing Act and other applicable Federal, State and County laws and regulations and policies relating to equal employment and contracting opportunities, including laws and regulations hereafter enacted.

R. Improper Influence
Contractor shall make all reasonable efforts to ensure that no County officer or employee, whose position in the County enables him/her to influence any award of the Contract or any competing offer, shall have any direct or indirect financial interest resulting from the award of the Contract or shall have any relationship to the Contractor or officer or employee of the Contractor.

S. Improper Consideration
Contractor shall not offer (either directly or through an intermediary) any improper consideration such as, but not lim ited to cash, discounts, service, the provision of travel or entertainment, or any items of value to any officer, employee or agent of the County in an attempt to secure favorable treatment regarding this Contract.

The County, by written notice, may immed iately terminate this Contract if it determines that any improper consideration as described in the preceding paragraph was offered to any officer, employee or agent of the County with respect to the proposal and award process.

This prohibition shall apply to any amendment, extension or evaluation process once a contract has been awarded.

Contractor shall immediately report any attempt by a County officer, employee or agent to solicit (either directly or through an intermediary) improper consideration from Contractor.

The report shall be made to the supervisor or manager charged with supervision of the employee or the County Administrative Office. In the event of a termination under this provision, the County is entitled to pursue any available legal remedies.

T. Informal Dispute Resolution
In the event the County determines that service is unsatisfactory, or in the event of any other dispute, claim, question or disagreement arising from or relating to this Contract or breach thereof, the parties hereto shall use their best efforts to settle the dispute, claim, question or disagreement. To this effect, they shall consult and negotiate with each other in good f aith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties.

U. Legality and Severability
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The parties’ actions under the Contract shall comply with all applicable laws, rules, regulations, court orders and governmental agency orders. The provisions of this Contract are specifically made severable. If a provision of the Contract is terminated or held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full effect.

V. Licenses, Permits and/or Certifications
Contractor shall ensure that it has all necessary licenses, permits and/or certifications required by the laws of Federal, State, County, and municipal laws, ordinances, rules and regulations. The Contractor shall maintain these licenses, permits and/or certifications in effect for the duration of this Contract. Contractor will notify County immediately of loss or suspension of any such licenses, permits and/or certifications. Failure to maintain a required license, permit and/or certification may result in immediate termination of this Contract.

W. Material Misstatement/Misrepresentation
If during the course of the administration of this Contract, the County determines that Contractor has made a material misstatement or misrepresentation or that materially inaccurate information has been provided to the County, this Contract may be immediately terminated. If this Contract is terminated according to this provision, the County is entitled to pursue any available legal remedies.

X. Mutual Covenants
The parties to this Contract mutually covenant to perform all of their obligations hereunder, to exercise all discretion and rights granted hereunder, and to give all consents in a reasonable manner consistent with the standards of “good faith” and “fair dealing”.

Y. Nondisclosure
Contractor shall hold as confidential and use reasonable care to prevent unauthorized access by, storage, disclosure, publication, dissemination to and/or use by third parties of, confidential information that is either: (1) provided by the County to Contractor or an agent of Contractor or otherwise made available to Contractor or Contractor’s agent in connection with this Contract; or, (2) acquired, obtained, or learned by Contractor or an agent of Contractor in the performance of this Contract. For purposes of this provision, confidential information means any data, files, software, information or materials in oral, electronic, tangible or intangible form and however stored, compiled or memorialize and includes, but is not limited to, technology infrastructure, architecture, financial data, trade secrets, equipment specifications, user lists, passwords, research data, and technology data.

Z. Notice of Delays
Except as otherwise provided herein, when either party has knowledge that any actual or potential situation is delaying or threatens to delay the timely performance of this contract, that party shall, within twenty -four (24) hours, give notice thereof, including all relevant information with respect thereto, to the other party.

AA. Ownership of Documents
All documents, data, products, graphics, computer programs and reports prepared by Contractor pursuant to the Contract shall be considered property of the County upon payment for services (and products, if applicable). All such items shall be delivered to County at the completion of work under the Contract. Unless otherwise directed by County, Contractor may retain copies of such items.

BB. Air, Water Pollution Control, Safety and Health
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Contractor shall comply with all air pollution control, water pollution, safety and health ordinances and statutes, which apply to the work performed pursuant to this Contract.

CC. Records
Contractor shall maintain all records and books pertaining to the delivery of services under this Contract and demonstrate accountability for contract performance. All records shall be complete and current and comply with all Contract requirements. Failure to maintain acceptable records shall be conside red grounds for withholding of payments for invoices submitted and/or termination of the Contract.

All records relating to the Contractor’s personnel, consult ants, subcontractors, services/scope of Work and expenses pertaining to this Contract shall be kept in a generally acceptable accounting format. Records should include primary source documents. Fiscal records shall be kept in accordance with Generally Accepted Accounting Principles and must account for all funds, tangible assets, revenue and expenditures. Fiscal records must comply with the appropriate Office of Management and Budget (OMB) Circulars, which state the administrative requirements, cost principles and other standards for accountancy.

DD. Relationship of the Parties
Nothing contained in this Contract shall be construed as creating a joint venture, partnership, or employment arrangement between the Parties hereto, nor shall either Party have the right, power or authority to create an obligation or duty, expressed or implied, on behalf of the other Party hereto.

EE. Release of Information
No news releases, advertisements, public announcements or photographs arising out of the Contract or Contractor’s relationship with County may be made or used without prior written approval of the County.

FF. Representation of the County
In the performance of this Contract, Contractor, its agents and employees, shall act in an independent capacity and not as officers, employees, or agents of the San Bernardino County.

GG. Strict Performance
Failure by a party to insist upon the strict performance of any of the provisions of this Contract by the other party, or the failure by a party to exercise its rights upon the default of the other party, shall not constitute a waiver of such party’s right to insist and demand strict compliance by the other party with the terms of this Contract thereafter.

HH. Subcontracting
Contractor shall obtain County’s written consent, which County may withhold in its sole discretion, before entering into Contracts with or otherwise engaging any subcontractors who may supply any part of the services to County. At County’s request, Contractor shall provide information regarding the subcontractor’s qualifications and a listing of a subcontractor’s key personnel including, if requested by the County, resumes of proposed subcontractor personnel. Contractor shall remain directly responsible to County for its subcontractors and shall indemnify County for the actions or omissions of its subcontractors under the terms and conditions specified in S ection 5 . All approved subcontractors shall be subject to the provisions of this Contract applicable to Contractor Personnel.

For any subcontractor, Contractor shall:
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i. Be responsible for subcontractor compliance with the Co ntract and the subcontract terms and conditions; and
ii. Ensure that the subcontractor follows County’s reporting formats and procedures as specified by County.
iii. Include in the subcontractor’s subcontract substantially similar terms as are provided in this Contract.

Upon expiration or termination of this Contract for any reason, County will have the right to enter into direct Contracts with any of the Subcontractors. Contractor agrees that its arrangements with Subcontractors will not prohibit or restrict suc h Subcontractors from entering into direct Contracts with County.

II. Subpoena
In the event that a subpoena or other legal process commenced by a third p arty in any way concerning the goods or services provided under this Contract is served upon Contractor or County, such party agrees to notify the other party in the most expeditious fashion possible following receipt of such subpoena or other legal process. Contractor and County further agree to cooperate with the other party in any lawful effort by such ot her party to contest the legal validity of such subpoena or other legal process commenced by a third party as may be reasonably required and at the expense of the party to whom the legal process is directed, except as otherwise provided herein in connection with defense obligations by Contractor for County.

JJ. Termination for Convenience
The County reserves the right to terminate the Contract, for any reason, with a thirty (30) day written notice of termination. The County’s Chief Executive Officer is authorized to terminate this Contract. Such termination may include all or part of the services described herein. Upon such termination, payment will be made to the Contractor for services rendered and expenses reasonably incurred prior to the effective date of termination. Upon receipt of termination notice Contractor shall promptly discontinue services unless the notice directs otherwise. Contractor shall deliver promptly to County and transfer title (if necessary) all completed work, and work in progress, inc luding drafts, documents, plans, forms, data, products, graphics, computer programs and reports.

KK. Time of the Essence
Time is of the essence in performance of this Contract and of each of its provisions.

LL. Venue
The parties acknowledge and agree that this Contract was entered into and intended to be performed in San Bernardino County, California. The parties agree that the venue of any action or claim brought by any party to this Contract will be the Superior Court of California, San Bernardino County, San Bernardino District. Each party hereby waives any law or rule of the court, which would allow them to request or demand a change of venue. If any action or claim concerning this Contract is brought by any third party and filed in another venue, the parties hereto agree to use their best efforts to obtain a change of venue to the Superior Court of California, San Bernardino County, San Bernardino District.

MM. Conflict of Interest
Contractor shall make all reasonable efforts to ensure that no conflict of interest exists between its officers, employees, or subcontractors and the County. Contractor shall make a reasonable effort to prevent employees, Contractor, or members of governing bodies from using their positions for purposes that are, or give the appe arance of being motivated by a 135
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desire for private gain for themselves or others such as those with whom they have family business, or other ties. Officers, employees, and agents of cities, counties, districts, and other local agencies are subject to applicable conflict of interest codes and state law. In the event the County determines a conflict of interest situation exists, any increase in costs, associated with the conflict of interest situation, may be disallowed by the County and such conflict may constitute grounds for termination of the Contract. This provision shall not be construed to prohibit employment of persons with whom Contractor’s officers, employees, or agents have family, business, or other ties so long as the employment of such persons does not result in increased costs over those associated with the employment of any other equally qualified applicant.

NN. Copyright
County shall have a royalty-free, non-exclusive and irrevocable license to publish, disclose, copy, translate, and otherwise use, copyright or patent, now and hereafter, all reports, studies, information, data, statistics, forms, designs, plans, procedures , systems, and any other materials or properties developed under this Contract including those covered by copyright, and reserves the right to authorize others to use or reproduce such material. All such materials developed under the terms of this Contract shall acknowledge the San Bernardino County as the funding agency and Contractor as the creator of the publication.

No such materials, or properties produced in whole or in part under this Contract shall be subject to private use, copyright or patent righ t by Contractor in the United States or in any other country without the express written consent of County. Copies of all educational and training materials, curricula, audio/visual aids, printer material, and periodicals, assembled pursuant to this Contract must be filed with the County prior to publication.

OO. Iran Contracting Act
IRAN CONTRACTING ACT OF 2010, Public Contract Code S ections 2200 et seq. (Applicable for all Contracts of one million dollars ($1,000,000) or more). In accordance with Public Contract Code Section 2204(a), the Contractor certifies that at the time the Contract is signed, the Contractor signing the Contract is not identified on a list created pursuant to subdivision (b) of Public Contract Code S ection 2203 as a person (as d efined in Public Contract Code S ection 2202(e)) engaging in investment activities in Iran described in subdivision (a) of Public Contract Code S ection 2202.5, or as a person described in subdivision (b) of Public Contract Code Section 2202.5, as applicable.

Contractors are cautioned that making a false certification may subject the Contractor to civil penalties, termination of existing contract, and ineligibility to bid on a contract for a period of three (3) years in accordance with Public Contract Code Section 2205.

PP. California Consumer Privacy Act
To the extent applicable, if Contractor is a business that collects the personal information of a consumer(s) in performing services pursuant to this Contract, Contractor must comply with the provisions of the California Consumer Privacy Act (CCPA). (Cal. Civil Code Sections 1798.100, et seq.). For purposes of this provision, “business,” “consumer,” and “personal information” shall have the same meani ngs as set forth at Civil Code S ection 1798.140.

Contractor must contact the County immediately upon receipt of any request by a consumer submitted pursuant to the CCPA that requires any action on the part of the County, including but not limited to, providing a list of disclosures or deleting personal information. C ontractor must not sell, market or otherwise disclose personal information of a consumer provided by the County unless specifically authorized pursuant to terms of this Contract. Contractor must immediately provide to the County any notice provided by a consumer to Contractor pursuant to Civil Code S ection 1798.150(b) alleging a violation of the CCPA, that involves personal 136
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information received or maintained pursuant to this Contract. Contractor must immediately notify the County if it receives a notice of violation from the California Attorney General pursuant to Civil Code Section 1798.155(b).

QQ. Prevailing Wage Laws
By its execution of this Contract, Contractor certifies that it is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq. as well as California Code of Regulations, Title 8, Section 16000 et seq. (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. Section 1720 of the California Labor Code states in part: “For purposes of this paragraph, ‘construction’ includes work performed during the design, site assessment, feasibility study, and other preconstruction phases of construction including, but not limited to, inspection and land surveying work…” If the services/scope of Work are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the s ervices available to interested parties upon r equest, and shall post copies at the Contractor’s principal place of business and at the project site. Contractor will also adhere to any other applicable requirements, including but not limited to, those regarding the employment of apprentices, travel and subsistence pay, retention and inspection of payroll records, workers compensation and forfeiture of penalties prescribed in the Labor Code for violations. Contractor shall defend, indemnify and hold the County, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with Prevailing Wage Laws. See Exhibit “B”, which is attached and incorporated by reference, for additional information regarding Prevailing Wage Laws. Contractor shall comply with all applicable terms and conditions in Exhibit “B”. The applicable general prevailing wage determinations are on file with the County and are available to any interested party on request. Contractor shall post a copy of the applicable prevailing wage determinations at the job site.

4. TERM OF CONTRACT
This Contract is effective as of the date last signed by authorized representatives of any party (Effective Date), requires all incurred ob ligations by December 31, 2024, and expires on December 31, 2026, but may be terminated earlier in accordance with the provisions of this Contract.

5. INDEMNIFICATION AND INSURANCE REQUIREMENTS
A. Indemnification
The Contractor agrees to indemnify, defend (with counsel reasonably approved by County) and hold harmless the County and its authorized officers, employees, agents and volunteers from any and all claims, actions, losses, damages and/or liability arising out of this Contract from any cause whatsoever, in cluding the acts, errors or omissions of any person and for any costs or expenses incurred by the County on account of any claim except where such indemnification is prohibited by law. This indemnification provision shall apply regardless of the existence or degree of fault of indemnities. The Contractor indemnification obligation applies to the County’s “active” as well as “passive” negligence but does not apply to the County’s “sole negligence” or “willful misconduct” wi thin the meaning of Civil Code S ection 2782.
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B. Insurance
i. Contractor and County are authorized self -insured public entities for purposes of Professional Liability, General Liability, Automobile Liability, Worker’s Compensation and Property Damage and warrant that through their respective prog rams of self-insurance, they have adequate coverage or resources to protect against liabilities arising out of the performance of the terms, conditions or obligations of this Contract.

ii. Insurance Review – Insurance requirements are subject to periodic review by the County.

The Director of Risk Management or designee is authorized, but not required, to reduce, waive or suspend any insurance requirements whenever Risk Management determines that any of the required insurance is not available, is unreasonab ly priced, or is not needed to protect the interests of the County. In addition, if the Department of Risk Management determines that heretofore unreasonably priced or unavailable types of insurance coverage or coverage limits become reasonably priced or a vailable, the Director of Risk Management or designee is authorized, but not required, to change the above insurance requirements to require additional types of insurance coverage or higher coverage limits, provided that any such change is reasonable in li ght of past claims against the County, inflation, or any other item reasonably related to the County’s risk.

Any change requiring additional types of insurance coverage or higher coverage limits must be made by amendment to this Contract. Contractor agrees to execute any such amendment within thirty (30) days of receipt.

Any failure, actual or alleged, on the part of the County to monitor or enforce compliance with any of the insurance and indemnification requirements will not be deemed as a waiver of any rights on the part of the County.

6. RIGHT TO MONITOR AND AUDIT
A. The County, State and Federal government shall have absolute right to review and audit all records, books, papers, documents, corporate minutes, and other pertinent items as requested, and shall have absolute right to monitor the performance of Contractor in the delivery of services provided under this Contract. Contractor shall give full cooperation, in any auditing or monitoring conducted. Contractor shall cooperate with the County in the implementation, monitoring, and evaluation of this Contract and com ply with any and all reporting requirements established by the County.

B. All records pertaining to services delivered and all fiscal, statistical and management books and records shall be available for examination and audit by County representatives for a period of three years after final payment under this Contract or until all pending County, State and Federal audits are completed, whichever is later.

7. CORRECTION OF PERFORMANCE DEFICIENCIES
A. Failure by Contractor to comply with any of the provisions, covena nts, requirements or conditions of this Contract shall be a material breach of this Contract.

B. In the event of a non-cured breach, County may, at its sole discretion and in addition to any other remedies available at law, in equity, or otherwise specified in this Contract:
i. Afford Contractor thereafter a time period within which to cure the breach, which period shall be established at the sole discretion of County; and/or ii. Discontinue reimbursement to Contractor for and during the period in which Contractor is in breach, which reimbursement shall not be entitled to later recovery; and/or 138
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iii. Withhold funds pending duration of the breach; and/or iv. Offset against any monies billed by Contractor but yet unpaid by County those monies disallowed pursuant to Item “B” of this paragraph; and/or v. Terminate this Contract immediately and be relieved of the payment of any consideration to Contractor. In the event of such termination, the County may proceed with the work in any manner deemed proper by the County. The cost to the County shall be deducted from any sum due to the Contractor under this Contract and the balance, if any, shall be paid by the Contractor upon demand.

8. NOTICES
All written notices provided for in this Contract or which either party desires to give to the other shall be deemed fully given, when made in writing and either served personally, or by facsimile, or deposited in the United States mail, postage prepaid, a nd addressed to the other party as follows:

San Bernardino County
County Administrative Office – 4th Floor
385 N. Arrowhead Avenue
San Bernardino, CA 92415
City of Chino
13220 Central Avenue
Chino, CA 91710

Notice shall be deemed communicated two (2) County working days from the time of mailing if mailed as provided in this paragraph.

9. ENTIRE AGREEMENT
This Contract, including all Exhibits and other attachments, which are attached hereto and incorporated by reference, and other documents incorporated herein, represents the final, complete and exclusive agreement between the parties hereto. Any prior agreement, promises, negotiations or representations relating to the subject matter of this Contract not expressly set forth herein are of no force or effect. This Contract is executed without reliance upon any promise, warranty or representation by any party or any representative of any party other than those expressly contained herein. Each party has carefully read this Contract and signs the same of its own free will.

10. CONTRACT EXECUTION
This Contract may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute one and the same Contract. The parties shall be entitled to sign and transmit an electronic signature of this Contract (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Each party providing an electronic signature agrees to promptly execute and deliver to the other party an original signed Contract upon request.

IN WITNESS WHEREOF, the S an Bernardino County and City of Chino have each caused this Contract to be subscribed by its respective duly authorized officers, on its behalf.

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FOR COUNTY USE ONLY
Approved as to Legal Form Reviewed for Contract Compliance Reviewed/Approved by Department

County Counsel
Date Date Date

SAN BERNARDINO COUNTY

CITY OF CHINO
(Print or type name of corporation, company, contractor, etc.)

Luther Snoke, Chief Executive Officer (Authorized signature - sign in blue ink) Dated:

Name

(Print or type name of person signing contract)

Title
(Print or Type)
Dated:

Address

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EXHIBIT A

SCOPE OF EXPENDITURES

[SEPARATELY ATTACHED]

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EXHIBIT B

PREVAILING WAGE REQUIREMENTS
A. All or a portion of the Scope of Work in the Contract requires the payment of prevailing wages and compliance with the following requirements:

1. Determination of Prevailing Rates:

Pursuant to Labor Code sections 1770, et seq., the County has obtained from the Director of the Department of Industrial Relations (DIR) pursuant to the California Labor Code, the general prevailing rates of per diem wages and the prevailing rates for holiday and overtime work in the locality in which the Scope of Work is to be performed. Copies of said rates are on file with the County, will be made available for inspection during regular business hours, may be included elsewhere in the specifications for the Scope of Work, and are also available online at www.dir.ca.gov. The wage rate for any classification not listed, but which may be required to execute the Scope of Work, shall be commensurate and in accord with specified rates for similar or comparable classifications for those performing similar or comparable duties. In accordance with Labor Code section 1773.2, the Contractor shall post, at appropriate and conspicuous locations on the job site, a schedule showing all applicable prevailing wage rates and shall comply with the requirements of Labor Code sections 1773, et seq.

2. Payment of Prevailing Rates
Each worker of the Contractor, or any subcontractor, engaged in the Scope of Work, shall be paid not less than the general prevailing wage rate, regardless of any contractual relationship which may be alleged to exist between the Contractor or any subcontractor, and such worker.

3. Prevailing Rate Penalty
The Contractor shall, as a penalty, forfeit two hundred dollars ($200.00) to the County for each calendar day or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of the DIR for such work or craft in which such worker is employed by the Contractor or by any subcontractor in connection with the Scope of Work. Pursuant to California Labor Code section 1775, the difference between such prevailing wage rates and the amount paid to each worker for each calendar day, or portion thereof, for which each worker was paid less than the prevailing wage rate, shall be paid to each worker by the Contractor.

4. Ineligible Contractors:

Pursuant to the provisions of Labor Code section 1777.1, the Labor Commissioner publishes and distributes a list of contractors ineligible to perform work as a contractor or subcontractor on a public works project. This list of debarred contractors is available from the DIR website at http://www.dir.ca.gov/Public-Works/PublicWorks.html. Any contract entered into between a contractor and a debarred subcontractor is void as a matter of law. A debarred subcontractor may not receive any public money for performing work as a subcontractor o n a public works contract, and any public money that may have been paid to a debarred subcontractor by a contractor on the project shall be returned to the County. The Contractor shall be responsible for the payment of wages to workers as a debarred subcon tractor who has been allowed to work on the Scope of Work.

5. Payroll Records:
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a. Pursuant to California Labor Code section 1776, the Contractor and each subcontractor, shall keep accurate certified payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman , apprentice, worker or other employee employed by them in connection with the Scope of Work. The payroll records enumerated herein shall be verified by a written declaration made under penalty of perjury that the information contained in the payroll recor d is true and correct and that the Contractor or subcontractor has complied with the requirements of the California Labor Code sections 1771, 1811, and 1815 for any Scope of Work performed by his or her employees. The payroll records shall be available for inspection at all reasonable hours at the principal office of the Contractor on the following basis:
i. A certified copy of an employee's payroll record shall be made available for inspection or furnished to such employee or his/her authorized representative on request;
ii. A certified copy of all payroll records shall be made available for inspection or furnished upon request to the County, the Division of Labor Standards Enforcement of the DIR;
iii. A certified copy of payroll records shall be made available upon re quest to the public for inspection or copies thereof made; provided, however, that a request by the public shall be made through either the County or the Division of Labor Standards Enforcement. If the requested payroll records have not been previously provided to the County or the Division of Labor Standards Enforcement, the requesting party shall, prior to being provided the records, reimburse the cost of preparation by the Contractor, subcontractor and the entity through which the request was made; the p ublic shall not be given access to such records at the principal office of the Contractor;
iv. The Contractor shall file a certified copy of the payroll records with the entity that requested such records within ten (10) days after receipt of a written request; and v. Copies provided to the public, by the County or the Division of Labor Standards Enforcement shall be marked or obliterated in such a manner as to prevent disclosure of an individual's name, address and social security number. The name and address of the Contractor or any subcontractor, performing a part of the Scope of Work shall not be marked or obliterated. The Contractor shall inform the County of the location of payroll records, including the street address, city and county and shall, within five (5) working days, provide a notice of a change of location and address.
b. The Contractor shall have ten (10) days from receipt of the written notice specifying in what respects the Contractor must comply with the above requirements. In the event Contractor does not comply with the requirements of this section within the ten (10) day period, the Contractor shall, as a penalty to the County, forfeit one -hundred dollars ($100.00) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Labor Standards Enforcement, such penalty shall be withheld from any portion of the payments then due or to become due to the Contractor.

6. Limits on Hours of Work:

Pursuant to California Labor Code secti on 1810, eight (8) hours of labor shall constitute a legal day's work. Pursuant to California Labor Code section 1811, the time of service of any worker employed at any time by the Contractor or by a subcontractor, upon the Scope of Work or upon any part of the Scope of Work, is limited and restricted to eight (8) hours during any one calendar day and forty (40) hours during any one calendar week, except as provided for under Labor Code section 1815. Notwithstanding the foregoing provisions, work 143
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performed by employees of Contractor or any subcontractor, in excess of eight (8) hours per day and forty (40) hours during any one week, shall be permitted upon compensation for all hours worked in excess of eight (8) hours per day at not less than one and one -half (1½) times the basic rate of pay.

7. Penalty for Excess Hours:

The Contractor shall pay to the County a penalty of twenty -five dollars ($25.00) for each worker employed on the Scope of Work by the Contractor or any subcontractor, for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any calendar day and forty (40) hours in any one calendar week, in violation of the provisions of the California Labor Code, unless compensation to the worker so employed by the Contractor is not less than one and one-half (1½) times the basic rate of pay for all hours worked in excess of eight (8) hours per day.

8. Senate Bill 854 (Chapter 28, Statutes of 2014) and Senate Bill 96 (Chapter 28, Statutes of 2017) Requirements:
a. Contractor shall comply with Senate Bill 854 and Senate Bill 96. The requirements include, but are not limited to, the following:
i. No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the DIR pursuant to Labor Code section 1725.5, with limited exceptions from this requirements for bid purposes only as allowed under Labor Code section 1771.1(a).
ii. No contractor or subcontractor may be awarded a contract for public work or perform work on a public works project unless registered with the DIR pursuant to Labor Code section 1725.5.
iii. This project is subject to compliance monitoring and enforcement by the DIR. iv. As required by the DIR, Contractor is required to post job site notices, as prescribed by regulation, regarding compliance monitoring and enforcement by the DIR.
v. Contractors and all subcontractors must submit certified payroll records online to the Labor Commissioner for all public works projects.
1) The certified payroll must be submitted at least monthly to the Labor Commissioner.
2) The County reserves the right to require Contractor and all subcontractors to submit certified payroll records more frequently than monthly to the Labor Commissioner.
3) The certified payroll records must be in a format prescribed by t he Labor Commissioner.
vi. Registration with the DIR and the submission of certified payroll records to the Labor Commissioner are not required if the public works project is $25,000 or less when the project is for construction, alteration, demolition, install ation or repair work, or if the public works project is $15,000 or less when the project is for maintenance work.

b. Labor Code section 1725.5 states the following:
“A contractor shall be registered pursuant to this section to be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any public work contract that is subject to the requirements of this chapter. For the purposes of this section, “contractor” inc ludes a subcontractor as defined by Section 1722.1.

(a) To qualify for registration under this section, a contractor shall do all of the following:
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(1) (A) Register with the Department of Industrial Relations in the manner prescribed by the department an d pay an initial nonrefundable application fee of four hundred dollars ($400) to qualify for registration under this section and an annual renewal fee on or before July 1 of each year thereafter. The annual renewal fee shall be in a uniform amount set by the Director of Industrial Relations, and the initial registration and renewal fees may be adjusted no more than annually by the director to support the costs specified in Section 1771.3.

(B) Beginning June 1, 2019, a contractor may register or renew accor ding to this subdivision in annual increments up to three years from the date of registration.

Contractors who wish to do so will be required to prepay the applicable nonrefundable application or renewal fees to qualify for the number of years for which th ey wish to preregister.

(2) Provide evidence, disclosures, or releases as are necessary to establish all of the following:

(A) Workers' compensation coverage that meets the requirements of Division 4 (commencing with Section 3200) and includes sufficient coverage for any worker whom the contractor employs to perform work that is subject to prevailing wage requirements other than a contractor who is separately registered under this section. Coverage may be evidenced by a current and valid certificate of wo rkers' compensation insurance or certification of self -insurance required under Section 7125 of the Business and Professions Code.

(B) If applicable, the contractor is licensed in accordance with Chapter 9 (commencing with Section 7000) of the Business and Professions Code.

(C) The contractor does not have any delinquent liability to an employee or the state for any assessment of back wages or related damages, interest, fines, or penalties pursuant to any final judgment, order, or determination by a court or any federal, state, or local administrative agency, including a confirmed arbitration award. However, for purposes of this paragraph, the contractor shall not be disqualified for any judgment, order, or determination that is under appeal, provided that the contractor has secured the payment of any amount eventually found due through a bond or other appropriate means.

(D) The contractor is not currently debarred under Section 1777.1 or under any other federal or state law providing for the debarment of contractors from public works.

(E) The contractor has not bid on a public works contract, been listed in a bid proposal, or engaged in the performance of a contract for public works without being lawfully registered in accordance with this section, within the preceding 12 months or since the effective date of the requirements set forth in subdivision (e), whichever is earlier. If a contractor is found to be in violation of the requirements of this paragraph, the period of disqualification shall be waived if both of the following are true:

(i) The contractor has not previously been found to be in violation of the requirements o f this paragraph within the preceding 12 months.

(ii) The contractor pays an additional nonrefundable penalty registration fee of two thousand dollars ($2,000).
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(b) Fees received pursuant to this section shall be deposited in the State Public Works Enforcement Fund established by Section 1771.3 and shall be used only for the purposes specified in that section.

(c) A contractor who fails to pay the renewal fee required under paragraph (1) of subdivision (a) on or before the expiration of any prior period of registration shall be prohibited from bidding on or engaging in the performance of any contract for public work until once again registered pursuant to this section. If the failure to pay the renewal fee was inadvertent, the contractor may renew its reg istration retroactively by paying an additional nonrefundable penalty renewal fee equal to the amount of the renewal fee within 90 days of the due date of the renewal fee.

(d) If, after a body awarding a contract accepts the contractor's bid or awards the contract, the work covered by the bid or contract is determined to be a public work to which Section 1771 applies, either as the result of a determination by the director pursuant to Section 1773.5 or a court decision, the requirements of this section shall not apply, subject to the following requirements:

(1) The body that awarded the contract failed, in the bid specification or in the contract documents, to identify as a public work that portion of the work that the determination or decision subsequently classifies as a public work.

(2) Within 20 days following service of notice on the awarding body of a determination by the Director of Industrial Relations pursuant to Section 1773.5 or a decision by a court that the contract was for public work as defi ned in this chapter, the contractor and any subcontractors are registered under this section or are replaced by a contractor or subcontractors who are registered under this section.

(3) The requirements of this section shall apply prospectively only to any subsequent bid, bid proposal, contract, or work performed after the awarding body is served with notice of the determination or decision referred to in paragraph (2).

(e) The requirements of this section shall apply to any bid proposal submitted on or after March 1, 2015, to any contract for public work, as defined in this chapter, executed on or after April 1, 2015, and to any work performed under a contract for public work on or after January 1, 2018, regardless of when the contract for public work was executed.

(f) This section does not apply to work performed on a public works project of twenty-five thousand dollars ($25,000) or less when the project is for construction, alteration, demolition, installation, or repair work or to work performed on a public works project of fifteen thousand dollars ($15,000) or less when the project is for maintenance work.”

c. Labor Code section 1771.1 states the following:
“(a) A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registere d to perform public work pursuant to Section 1725.5 at the time the contract is awarded. 146
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(b) Notice of the requirement described in subdivision (a) shall be included in all bid invitations and public works contracts, and a bid shall not be accepted nor an y contract or subcontract entered into without proof of the contractor or subcontractor's current registration to perform public work pursuant to Section 1725.5.

(c) An inadvertent error in listing a subcontractor who is not registered pursuant to Section 1725.5 in a bid proposal shall not be grounds for filing a bid protest or grounds for considering the bid nonresponsive, provided that any of the following apply:

(1) The subcontractor is registered prior to the bid opening.

(2) Within 24 hours after the bid opening, the subcontractor is registered and has paid the penalty registration fee specified in subparagraph (E) of paragraph (2) of subdivision (a) of Section 1725.5.

(3) The subcontractor is replaced by another registered subcontractor pursuant to Section 4107 of the Public Contract Code.

(d) Failure by a subcontractor to be registered to perform public work as required by subdivision (a) shall be grounds under Section 4107 of the Public Contract Code for the contractor, with the consent of the aw arding authority, to substitute a subcontractor who is registered to perform public work pursuant to Section 1725.5 in place of the unregistered subcontractor.

(e) The department shall maintain on its Internet Web site a list of contractors who are currently registered to perform public work pursuant to Section 1725.5.

(f) A contract entered into with any contractor or subcontractor in violation of subdivision (a) shall be subject to cancellation, provided that a contract for public work shall not be unlawful, void, or voidable solely due to the failure of the awarding body, contractor, or any subcontractor to comply with the requirements of Section 1725.5 or this section.

(g) If the Labor Commissioner or his or her designee determines that a contract or or subcontractor engaged in the performance of any public work contract without having been registered in accordance with this section, the contractor or subcontractor shall forfeit, as a civil penalty to the state, one hundred dollars ($100) for each d ay of work performed in violation of the registration requirement, not to exceed an aggregate penalty of eight thousand dollars ($8,000) in addition to any penalty registration fee assessed pursuant to clause (ii) of subparagraph (E) of paragraph (2) of su bdivision (a) of Section 1725.5.

(h)(1) In addition to, or in lieu of, any other penalty or sanction authorized pursuant to this chapter, a higher tiered public works contractor or subcontractor who is found to have entered into a subcontract with an unre gistered lower tier subcontractor to perform any public work in violation of the requirements of Section 1725.5 or this section shall be subject to forfeiture, as a civil penalty to the state, of one hundred dollars ($100) for each day the unregistered lower tier subcontractor performs work in violation of the registration requirement, not to exceed an aggregate penalty of ten thousand dollars ($10,000).

(2) The Labor Commissioner shall use the same standards specified in subparagraph (A) of paragraph (2) of subdivision (a) of Section 1775 when determining the severity of the 147
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violation and what penalty to assess, and may waive the penalty for a first time violation that was unintentional and did not hinder the Labor Commissioner’s ability to monitor and enforce compliance with the requirements of this chapter.

(3) A higher tiered public works contractor or subcontractor shall not be liable for penalties assessed pursuant to paragraph (1) if the lower tier subcontractor’s performance is in violation of the requirements of Section 1725.5 due to the revocation of a previously approved registration.

(4) A subcontractor shall not be liable for any penalties assessed against a higher tiered public works contractor or subcontractor pursuant to paragraph (1). A higher tiered public works contractor or subcontractor may not require a lower tiered subcontractor to indemnity or otherwise be liable for any penalties pursuant to paragraph (1).

(i) The Labor Commissioner or his or her designee shall issue a civil wage a nd penalty assessment, in accordance with the provisions of Section 1741, upon determination of penalties pursuant to subdivision (g) and subparagraph (B) of paragraph (1) of subdivision (h). Review of a civil wage and penalty assessment issued under this subdivision may be requested in accordance with the provisions of Section 1742. The regulations of the Director of Industrial Relations, which govern proceedings for review of civil wage and penalty assessments and the withholding of contract payments unde r Article 1 (commencing with Section 1720) and Article 2 (commencing with Section 1770), shall apply.

(j)(1) Where a contractor or subcontractor engages in the performance of any public work contract without having been registered in violation of the requirements of Section 1725.5 or this section, the Labor Commissioner shall issue and serve a stop order prohibiting the use of the unregistered contractor or the unregistered subcontractor on all public works until the unregistered contractor or unregistered subcontractor is registered. The stop order shall not apply to work by registered contractors or subcontractors on the public work.

(2) A stop order may be personally served upon the contractor or subcontractor by either of the following methods:

(A) Manual delivery of the order to the contractor or subcontractor personally.

(B) Leaving signed copies of the order with the person who is apparently in charge at the site of the public work and by thereafter mailing copies of the order by first class mail, postage prepaid to the contractor or subcontractor at one of the following:

(i) The address of the contractor or subcontractor on file with either the Secretary of State or the Contractors’ State License Board.

(ii) If the contractor or subcontractor has no address on file with the Secretary of State or the Contractors’ State License Board, the address of the site of the public work. (3) The stop order shall be effective immediately upon service and shall be subject to appeal by the party contracting with the unregistered contractor or subcontractor, by the unregistered contractor or subcontractor, or both. The appeal, hearing, and any further review of the hearing decision shall be governed by the procedures, time limits, and other requirements specified in subdivision (a) of Section 238.1.

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(4) Any employee of an unregistered contractor or subcontractor who is affected by a work stoppage ordered by the commissioner pursuant to this subdivision shall be paid at his or her regular hourly prevailing wage rate by that employer for any hours the employee would have worked but for the work stoppage, not to exceed 10 days.

(k) Failure of a contractor or subcontractor, owner, director, officer, or managing agent of the contractor or subcontractor to observe a st op order issued and served upon him or her pursuant to subdivision (j) is guilty of a misdemeanor punishable by imprisonment in county jail not exceeding 60 days or by a fine not exceeding ten thousand dollars ($10,000), or both.

(l) This section shall apply to any bid proposal submitted on or after March 1, 2015, and any contract for public work entered into on or after April 1, 2015. This section shall also apply to the performance of any public work, as defined in this chapter, on or after January 1, 2018, regardless of when the contract for public work was entered.

(m) Penalties received pursuant to this section shall be deposited in the State Public Works Enforcement Fund established by Section 1771.3 and shall be used only for the purposes specified in that section.

(n) This section shall not apply to work performed on a public works project of twenty-five thousand dollars ($25,000) or less when the project is for construction, alteration, demolition, installation, or repair work or to work performed on a public works project of fifteen thousand dollars ($15,000) or less when the project is for maintenance work.”

d. Labor Code section 1771.4 states the following:
“(a) All of the following are applicable to all public works projects that are otherwise subject to the requirements of this chapter:

(1) The call for bids and contract documents shall specify that the project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

(2) The awarding body shall post or require the prime contractor to post job site notices, as prescribed by regulation.

(3) Each contractor and subcontractor shall furnish the records specified in Section 1776 directly to the Labor Commissioner, in the following manner:

(A) At least monthly or more frequently if specified in the contract with the awarding body.

(B) In a format prescribed by the Labor Commissioner.

(4) If the contractor or subcontractor is not registered pursuant to Section 1725.5 and is performing work on a project for which registration is not required because of subdivision (f) of Section 1725.5, the unregistered contractor or subcontractor is not required to furnish the records specified in Section 1776 directly to the Labor Commissioner but shall retain the records specified in Section 1776 for at least three years after completion of the work.

(5) The department shall undertake those activities it deems necessary to monitor and enforce compliance with prevailing wage requirements.

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(b) The Labor Commissioner may exempt a public works project from compliance with all or part of the requirements of subdivision (a) if either of the following occurs:

(1) The awarding body has enforced an approved labor compliance program, as defined in Section 1771.5, on all public works projects under its authority, except those deemed exempt pursuant to subdivision (a) of Section 1771.5, continuously since December 31, 2011.

(2) The awarding body has entered into a collective bargaining agreement that binds all contractors performing work on the project and that includes a mechanism for resolving disputes about the payment of wages.

(c) The requirements of paragraph (1) of subdivision (a) shall only apply to contracts for public works projects awarded on or after January 1, 2015.

(d) The requirements of paragraph (3) of subdivision (a) shall apply to all contracts for public work, whether new or ongoing, on or after January 1, 2016.”

B. STATE PUBLIC WORKS APPRENTICESHIP REQUIREMENTS

1. State Public Works Apprenticeship Requirements:
a. The Contractor is responsible for compliance with Labor Code section 1777.5 and the California Code of Regulations, title 8, sections 230 – 230.2 for all apprenticeable occupations (denoted with “#” symbol next to craft name in DIR Prevailing Wage Determination), whether employed by the Contractor, subcontractor, vendor or consultant. Included in these requirements is (1) the Contractor’s requirement to provide notification (i.e. DAS-140) to the appropriate apprenticeship committees; (2) pay training fund contributions for each apprenticeable hour employed on the Contract; and (3) utilize apprentices in a minimum ratio of not less than one apprentice hour for each five journeyman hours by completion of Contract work (unless an exception is granted in accordance with Labor Code section 1777.5) or request for the dispatch of apprentices. b. Any apprentices employed to perform any of the Scope of Work shall be paid the standard wage to apprentices under the regulations of the craft or trade for which such apprentice is employed, and such individual shall be employed only for the work of the craft or trade to which such individual is registered. Only apprentices, as defined in California Labor Code section 3077, who are in training under apprenticeship standards and written apprenticeship agreements under California Labor Code sections 3070 et seq. are eligible to be employed for the Scope of Work. The employment and training of each apprentice shall be in accordance with the provisions of the apprenticeship standards and apprentice agreements under which such apprentice is training.

2. Compliance with California Labor Code section 1777.5 requires all public works contractors to:
a. Submit Contract Award Information (DAS-140):
i. Although there are a few exemptions (identified below), all Contractors, regardless of union affiliation, must submit contract award information when performing on a California public works project.
ii. The DAS-140 is a notification “announcement” of the Contractor’s participation on a public works project—it is not a request for the dispatch of an apprentice. iii. Contractors shall submit the contract award information (you may use form DAS 140) within 10 days of the execution of the prime contract or subcontract, but in no event later than the first day in which the Contractor has workers employed on the public work.
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iv. Contractors who are already approved to train apprentices (i.e . check “Box 1” on the DAS-140) shall only be required to submit the form to their approved program. v. Contractors who are NOT approved to train apprentices (i.e. those that check either “Box 2” or “Box 3” on the DAS-140) shall submit the DAS-140 TO EACH of the apprenticeship program sponsors in the area of your public works project. For a listing of apprenticeship programs see
http://www.dir.ca.gov/Databases/das/pwaddrstart.asp.
b. Employ Registered Apprentices
i. Labor Code section 1777.5 requires that a contractor performing work in an “apprenticeable” craft must employ one (1) hour of apprentice work for every five (5) hours performed by a journeyman. This ratio shall be met prior to the Contractor’s completion of work on the project. “Apprenticeable” crafts are denoted with a pound symbol “#” in front of the craft name on the prevailing wage determination.
ii. All Contractors who do not fall within an exemption category (see below) must request for dispatch of an apprentice from an apprenticeship program (for each apprenticeable craft or trade) by giving the program actual notice of at least 72 hours (business days only) before the date on which apprentices are required. iii. Contractors may use the “DAS-142” form for making a request for the dispatch of an apprentice.
iv. Contractors who are participating in an approved apprenticeship training program and who did not receive sufficient number of apprentices from their initial request must request dispatc h of apprentices from ALL OTHER apprenticeship committees in the project area in order to fulfill this requirement. v. Contractor should maintain and submit proof (when requested) of its DAS -142 submittal to the apprenticeship committees (e.g. fax transmittal confirmation). A Contractor has met its requirement to employ apprentices only after it has successfully made a dispatch request to all apprenticeship programs in the project area.
vi. Only “registered” apprentices may be paid the prevailing apprentice rates and must, at all times work under the supervision of a Journeyman (Cal. Code Regs., tit 8, § 230.1).
c. Make Training Fund Contributions
i. Contractors performing in apprenticeable crafts on public works projects, must make training fund contributions in the amount established in the prevailing wage rate publication for journeymen and apprentices.
ii. Contractors may use the “CAC -2” form for submittal of their training fund contributions.
iii. Contractors who do not submit their training fund contributions to an approved apprenticeship training program must submit their contributions to the California Apprenticeship Council (CAC), PO Box 420603, San Francisco, CA 94142-0603. iv. Training fund contributions to the CAC are due and payable on the 15th day of the month for work performed during the preceding month.
v. The “training” contribution amount identified on the prevailing wage determination shall not be paid to the worker, unless the worker falls within one of the exemption categories listed below.

3. Exemptions to Apprenticeship Requirements:
a. The following are exempt from having to comply with California apprenticeship requirements. These types of contractors do not need to submit a DAS -140, DAS-142, make training fund contributions, or utilize apprentices:
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i. When the Contractor holds a sole proprietor license (“Owner -Operator”) and no workers were employed by the Contractor. In other words, the contractor performed the entire work from start to finish and worked alone. ii. Contractors performing in non -apprenticeable crafts. “Apprent iceable” crafts are denoted with a pound symbol “#” in front of the craft name on the prevailing wage determination.
iii. When the Contractor has a direct contract with the Public Agency that is under $30,000.
iv. When the project is 100% federally-funded and the funding of the project does not contain any city, county, and/or state monies (unless the project is administered by a state agency in which case the apprenticeship requirements apply). v. When the project is a private project not covered by the definition of public works as found in Labor Code section 1720.

4. Exemption from Apprenticeship Rations:
a. The Joint Apprenticeship Committee shall have the discretion to grant a certificate, which shall be subject to the approval of the Administrator of Apprenticeship, exempting the Contractor from the 1-to-5 ratio set forth in this Section when it finds that any one of the following conditions are met:
i. Unemployment for the previous three -month period in such area exceeds an average of fifteen percent (15%); or
ii. The number of apprentices in training in such area exceeds a ratio of 1 -to-5 in relation to journeymen; or
iii. The Apprenticeable Craft or Trade is replacing at least one -thirtieth (1/30) of its journeymen annually through apprenticeship training, either on a statewide basis or on a local basis; or
iv. If assignment of an apprentice to any work performed under the Contract Documents would create a condition which would jeopardize such apprentice's life or the life, safety or property of fellow employees or the public at lar ge, or if the specific task to which the apprentice is to be assigned is of such a nature that training cannot be provided by a journeyman.
b. When such exemptions from the 1 -to-5 ratio between apprentices and journeymen are granted to an organization which r epresents contractors in a specific trade on a local or statewide basis, the member contractors will not be required to submit individual applications for approval to local Joint Apprenticeship Committees, provided they are already covered by the local apprenticeship standards.

5. Contractor’s Compliance:
a. The responsibility of compliance with this Section for all Apprenticeable Trades or Crafts is solely and exclusively that of the Contractor. All decisions of the Joint Apprenticeship Committee(s) under this Section are subject to the provisions of California Labor Code section 3081 and penalties are pursuant to Labor Code section 1777.7 and the determination of the Labor Commissioner.
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EXHIBIT A – SCOPE OF EXPENDITURES
APPLIES TO AGREEMENT ARPA21-PRJC-049-CHI BETWEEN SAN BERNARDINO

COUNTY AND CITY OF CHINO RELATED TO THE CORONAVIRUS LOCAL FISCAL

RECOVERY FUND FOR LOCAL GOVERNMENTS

1. The following is the mutually agreed upon scope of expenditures to be funded by the American Rescue Plan Act of 2021 (ARPA) Coronavirus Local Fiscal Recovery Fund (CLFRF) received by San Bernardino County:

Chino Rancho Park is a 1.18-acre neighborhood park located on the southeast corner of Central Avenue and Phillips Boulevard. The park site will include two pickle ball courts, an inclusive playground, outdoor fitness stations, walking trails with benches, shade pavilion, restrooms, parking lot, open space, and drought tolerant landscaping. The project also includes utilities connection, underground communication lines, and street improvements to both Central Avenue and Phillips Boulevard.

2. Not-to-exceed amount of expenditures described in 1, above, obligated during the period of December 19, 2023 and December 31, 2024 and expended on or before December 31, 2026 is $1,000,000.

3. The following is the list of projected expenditures that will be funded by the CLFRF for the scope identified in 1, above:

Expenditure Type (e.g., Payroll) Projected Expenditures* Chino Rancho Park Construction $1,000,000
$
$
$
$
$
$
Total Expenditure $1,000,000
*Note: Projected expenditures may differ from the actual costs but a total amount of expenditure shall not exceed the amount as specified in Section 2, above.

4. The Contractor is responsible for ensuring that any procurement using CLFRF funds, or payments under procurement contracts using such funds are consistent with the procurement standards set forth in the Uniform Guidance at Title 2 C.F.R. Sections 200.317 - 200.327, as applicable. The Uniform Guidance establishes in Title 2 C.F.R.

Section 200.319 that all procurement transactions for property or services must be conducted in a manner providing full and open competition, consistent with standards outlined in Title 2 C.F.R. Section 200.320. If the full and open procurement is not applicable, provide a reason for its exemption:

Confirm – No exemption identified
153

154

MEMORANDUM

CITY OF CHINO

PUBLIC WORKS DEPARTMENT

CITY COUNCIL MEETING DATE: DECEMBER 19, 2023

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

SUBJECT
..titl e
Citywide Public Works Projects On-Call Consultant List. ..end

RECOMMENDATION
..recommendation
1) Approve the new 2023 -2028 pre-qualified On-Call Consultant List, comprised of seventy -two (72) professional and technical consultant firms, to provide professional services for Citywide Public Works projects; and 2) authorize the City Manager to execute the necessary documents on behalf of the City.
..body

FISCAL IMPACT
There are no costs associated with the approval on the On -Call Consultant List. Costs are only incurred by the City at the start of a Citywide Public Works project or on an as -needed basis.

Using consultants from the On -Call Consultant List eliminates costs associated with issuing formal Requests for Proposals (RFPs) for projects requiring professional services.

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

Revenue:

Expenditure:

Transfer In: Transfer Out:
155
CITY COUNCIL MEETING DATE: DECEMBER 19, 2023
TITLE: CITYWIDE PUBLIC WORKS PROJECTS ON-CALL CONSULTANT LIST.

PAGE: 3

BACKGROUND
The On -Call Consultant List establishes a list of qualified consultants eligible to submit proposals. The On -Call Consultant List process provides an efficient and effective means of contracting for professional services in support of the City’s numerous p rojects. The list would also allow City staff to seek proposals for specific projects from the pre-qualified consultants and enable consultants to become familiar with the City’s standards and performance expectations, which provides for a more consistent and reliable work product.

On September 5, 2023, the City formally released a Request for Proposals (RFP) published on PlanetBids for On -Call Consultants for Public Works Projects. The following categories are included in the attached 2023-2028 On-Call Consultants for Public Works Projects List:
 Civil Engineering
 Traffic Engineering
 Construction Management,
Inspection, and Sampling Services
 GIS and Asset Management
Technical Support
 Water Resources Management
 Hydrogeology
 Surveying, Mapping, and
Right-of-Way Engineering
 Electrical Engineering
 Environmental Consulting Services
 Architecture
 Landscape Architecture
 Construction Management and
Inspection Services (Building)
 Geotechnical Engineering and
Materials Testing
 Hazardous Materials Testing and
Monitoring
 Program Management
 Structural Engineering

ISSUES/ANALYSIS
On September 28, 2023, staff received eighty -nine (89) proposals in response to the RFP. A review team of citywide technical experts from various City Departments condu cted a thorough review and evaluation of the submitted proposals. Each firm underwent an independent rating process on a pass or fail basis based on experience; qualifications; methodology and approach, past performance; references; and quality of responsiveness of the proposal.

The number of consultant firms recommended for placement on the On -Call Consultant List varies by specialty category, the number of qualified firms submitting their proposals, and the anticipated project opportunities for the upcom ing five-year period. Previously, the Master On - Call Consultant List has been updated every three years; however, because of the large number of proposals submitted, it requires several staff members Citywide to assist with evaluations and recommendations. Since the selection process is quite extensive and time -consuming, staff are transitioning to updating the list every five years.

Of the eighty -nine (89) firms that submitted proposals, staff have selected seventy -two (72) firms for inclusion on the recom mended 2023 -2028 On -Call Consultants for Public Works Projects List. The City is not obligated to utilize all the consultants on the list; the list does not guarantee that all of the firms included will be awarded any projects based on the City’s needs for the Public Works projects. Staff will further request quotes from multiple firms for the project for the spirit of a competitive RFP process for each project. This list is a crucial tool that will allow staff to request project -specific proposals from the consultants for the relevant category; therefore, staff is requesting that the City Council approve the new pre -qualified On -Call Consultant List for a five-year duration and authorize the City Manager to execute the necessary documents on behalf of the City.
156
CITY COUNCIL MEETING DATE: DECEMBER 19, 2023
TITLE: CITYWIDE PUBLIC WORKS PROJECTS ON-CALL CONSULTANT LIST.

PAGE: 4

Attachment – On-Call Consultants List

157
BKF Engineers LAE Associates, Inc.

David Beckwith and Associates, Inc Onward Engineering
EXP US. Services Inc. Proactive Engineering Consultants, Inc.

Hazen and Sawyer Project Partners, Inc.

HR Green Pacific, Inc. PSOMAS
Hunsaker and Associates Irvine, Inc. S outhstar Engineering & Consulting, Inc.

IMEG Corporation
Albert A. Webb Associates Iteris, Inc.

FEHR & PEERS LG2WB ENGINEERS, INC
General Technologies and Solutions (GTS) Proactive Engi neering Consultants, Inc.

Albert A. Webb Associates Fount ainhead Consulting Corporation Bowman Infrastructure Engineers Ltd. LAE Associates, Inc.

Dirtonu, Inc. Onward Engineering
EC & AM Associates SA Associates
FCG Consultants Inc. Southstar Engineering & Consulting, Inc.

Draw Tap GIS IMEG Corporation
Geographic Technologies Group PSOMAS
A-5 : Water Resources Mana
gement Hazen and Sawyer Watearth, Inc
A-6 : Hydrogeology GeoPentech, Inc. Richard C. Slade & Associates LLC Albert A. Webb Associates Davi d Evans and Associates, Inc.

D. Woolley & Associates WestLAND Group, Inc.

David Beckwith and Associates, Inc
A-8 : Electrical Engineering General Technolo
gies and Solutions (GTS) Yao Engineering, Inc.

CASC Engineering and Consulting, Inc. PSOMAS
Construction Testing and Engineering South, Inc. Ruth Villalobos & Associates, Inc.

Impact Scieces Stantec C onsulting Services Inc.

MNS Engineers, Inc. Watearth, Inc

ON-CALL CONSULTANTS FOR PUBLIC WORKS PROJECTS
A-1 : Civil Engineering
A-2: Traffic Engineering
A-3: Construction Management,
Inspection, and Sampling Services
A-4: GIS and Asset Management Technical
Support
A-7 : Surveying, Mapping and Right-of-
Way Engineering
A-9 : Environmental Consulting Services158

ON-CALL CONSULTANTS FOR PUBLIC WORKS PROJECTS
Black O'dowd and Associates, Inc. Owen Group Limited Partnership DMAC Engineering, Inc. PBK
Hammel, Green & Abrahamson, Inc. TAIT & Associates, Inc.

Kadre Architects, Inc TR Design Group, Inc.

Architerra Inc. RHA Landscape Architects-Planners, Inc.

Community Works Design Group Van Dyke Landscape Architects David Volz Design Landscape Architects, Inc. Verde Design Inc Anser Advisory Management, LLC KOA Corporation
Fountainhead Consulting Corporation
B-13 : Electrical Engineering Owen Grou
p Limited Partnership Yao Engineering, Inc.

AESCO, Inc. GMU Geotechnical, Inc.

Geo-Advantec, Inc. Lei ghton Consulting, Inc.

GeoMat Testing Laboratories, Inc. Ninyo & Moore Consultants GeoPentech, Inc. RMA Group
GeoTek, Inc. Terracon Consultants, Inc.

Ninyo & Moore Consultants Z&K Consultants Inc.

The Converse Professional Group
Annealta Group PBK
Anser Advisory Management, LLC Project Partners, Inc.

Bowman Infrastructure Engineers Ltd. SA Associates
CAV Consulting Southstar E ngineering & Consulting, Inc.

HR Green Pacific, Inc. Transtech Engineers, Inc.

KOA Corporation Willdan Engineering
Ladayu Consulting Group Z&K Consultants Inc.

ABSG Consulting Inc. Z&K Consultants, Inc.

IMEG Corporation
B-10 : Architecture
B-11 : Landscape Architecture
B-12 : Construction Management and
Inspection Services (Buildings)
B-17 : Structural Engineering
B-14 : Geotechnical Engineering and
Materials Testing
B-15 : Hazardous Materials Testing and
Monitoring
B-16 : Program Management 159

Chino City CouncilDecember 19, 2023

Chino City Council
December 19, 2023