Chino City Council
April 2, 2024

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D. Public (P). The purpose of this district is to provide loc ations for uses that support government, civic, cultural, recreational, health and infrastru cture aspects of the community, such as public educational institutions, community and group meeting centers, fire stations, cemeteries and l ibraries. This district also accommodates large-scale public facilities such as storm water detention/retention facilities , water trea tment plants, solid waste transfer stations, recycling facilities, multi-modal facilities, transit station, corporation yards, cemeteries, and landfill sites.

E. Public School (PS). The purpose of this district is to provide locations for public schools to serve Chino residents.

Section 3. Table 20.08-1 is hereby amended, adding the classifications for “Temporary Commercial Recreation” as permitted with the approval of a Special Conditional U se Permit, to read as follows (added text in red):

Chapter 20.08 – Agricultural, Open Space, and Public Zoning Districts

20.08.030 – Use Regulations

Table 20.08-1 Land Use Regulations for Agricultural, Open Space, and Public Zoning Districts Uses
Zoning District Additional
Regulations AG OS1 OS2 P PS
Recreational Uses
Commercial Recreation ■ C ■ ■ ■
Temporary Commercial
Recreation Facility C [1] ■ C [1] ■ ■ 20.12.020.C.2.

Fairgrounds ■ C ■ C ■
Golf Courses ■ C C C ■
[1] Excludes any property within the City that is subject to a specific plan.

Section 4. Section 20.24.020 (T) is hereby revised to add a def inition of “Temporary commercial recreation facility,” which shall be added in alphabetical order (added text in red):

T. Definitions, “T”

Temporary commercial recreation facility. Any establishment that provides entertainment activities or services on a temporary basis, that may have a fee or admission charge , including miniature golf courses, sports clubs, outdoor inf latable theme pa rks and obstacle courses, amphitheaters, parking lots and other uses of like kind or character. Facilities oper ated by a public agency are not included in this definition.

Section 5. The City Council finds that this Ordinance is ex empt from the California Environmental Quali ty Act (CE QA) under CEQA Guidelin es Section 15061(b)(3), Common Sense Exemption, in that it can be s een with certainty that there is no poss ibility for this action to have a significant effect on the environment, and individual development applications will be reviewed under CEQA as they are proposed.
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Section 6. Severability.

If an y s ection, su bsection, sentence, c lause, p hrase, or p ortion of this Ordinance, or the application thereof to any per son or circumstances, is, for an y reaso n, h eld inv alid or unconstitutional by any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any other provision or application, and to this end the provisions of this ordinance are declared t o be severable. Th e City Council her eby d eclares that it would have adopte d this ordinance and each se ction, subsection, sentence, clause, phrase, pa rt or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, parts or portions thereof be declared invalid or unconstitutional.

Section 7. This Ordinance shall be in full f orce and effect thirty ( 30) days after its second reading and adoption.

Section 8. Certification. The City Clerk of the City of Chino shall certify to the passage and adoption of this Ordinance and shall cause the same to b e published in the Chino Champion, a newspaper of genera l circulation, within said Ci ty in acc ordance with the provisions of t he Government Code.

PASSED, APPROVED AND ADOPTED THIS 2ND DAY OF APRIL 2024.

By:

EUNICE M. ULLOA, MAYOR

ATTEST:

By:

NATALIE GONZAGA, CITY CLERK

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Ordinance No. 2024-004

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STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) §

CITY OF CHINO )

I, Natalie Gonzaga, City Clerk of t he City of Chino do h ereby certify that the foregoing Ordinance of the City of Chino was duly adopted by said City Council at a regular meeting held on the 2nd day of April 2024 by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

By:

NATALIE GONZAGA, CITY CLERK
172

MEMORANDUM

CITY OF CHINO

POLICE DEPARTMENT

CITY COUNCIL MEETING DATE: APRIL 2, 2024

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

SUBJECT
..titl e
Adoption of Ordinance No. 2024-006.
..end

RECOMMENDATION
Adopt Ordinance No. 2024 -006, approving the Chino Police Department's "Military Equipment" Use Policy (Second Reading).
..body

FISCAL IMPACT
There is no fiscal impact.

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

Revenue:

Expenditure:

Transfer In: Transfer Out:
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CITY COUNCIL MEETING DATE: APRIL 2, 2024
TITLE: ADOPTION OF ORDINANCE NO. 2024-006.

PAGE: 2

BACKGROUND
This matter was introduced on first reading by the Council at their March 19, 2024 meeting.

Effective January 1, 2022, Assembly Bill (AB) 481 requires all California law enforcement agencies to obtain approval of the applicable governing body (Mayor and Ci ty 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.

To meet the requirements of AB 481, the Chino Police Department has updated th e policy and ordinance. Once adopted on second reading, the ordinance will go into effect thirty (30) days thereafter.

ISSUES/ANALYSIS
ORDINANCE NO. 2024-006:

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO, CALIFORNIA APPROVING THE UPDATED CHINO POLICE DEPARTMENT’S MILITARY EQUIPMENT USE POLICY

Attachment – Ordinance 2024-006

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1 Ordinance No.2024-006
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ORDINANCE NO. 2024-006

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

CALIFORNIA APPROVING THE UPDATED CHINO POLICE
DEPARTMENT’S MILITARY EQUIPMENT USE POLICY
WHEREAS, on September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481 (creating Government Code Section 7070, et seq.), relating to use of military equipment by California law enforcement agencies;
WHEREAS, AB 481 seeks to provide transparency, oversight, and an opportunity for meaningful public input on decisions regarding whether and how military equipment is funded, acquired, or used;
WHEREAS, the Chino Police Department is in possession of certain items of equipment that qualify under the broad definition of “military equipment” under AB 481; WHEREAS, AB 481 requires that a law enforcement agency possessing and using such qualifying equipment prepare a publicly released and written military equipment use policy document covering t he inventory, description, purpose, use, acquisition, maintenance, fiscal impacts, procedures, training, oversight, and complaint process, applicable to the Department’s use of such equipment;
WHEREAS, Lexipol Policy 708 “The Use of Military Equipment as defined by AB 481,” was published on the Chino Police Department’s internet website on February 13, 2023. The same was presented to Chino City Council on February 13, 2023 and adopted on March 21, 2023.

WHEREAS, the Policy and supporting information must be approved by the governing body by ordinance, and reviewed annually;
WHEREAS, on February 12, 2024, the City Police Department published on the Chino Police Department’s internet website the opportunity for any members of the public to attend a community engagement meeting on Tuesday, March 12, 2024, at 6:00 p.m. in the Chino Police Department Community Room and discuss the proposed updates to the Military Equipment Use Policy;
WHEREAS, the City Council of the City of Chino , having received the information required under AB 481 regarding the Chino Police Department’s use of “military equipment” as defined in said law, deems it to be in the best interest of the City to approve updates to the Military Equipment Use Policy as set forth herein.

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

SECTION 1. The City Council finds that the above recitals are true and correct and are incorporated herein by this reference.
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SECTION 2. City Council hereby approves and adopts the following:

Military Equipment Policy.
(a) The City Council has made the following determinations:
(1) The military equipment inventoried and presented to the City Council is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety;
(2) The proposed updated military equipment use policy attached hereto as Exhibit “A” (“Policy”) will safeguard the public’s welfare, safety, civil rights, and civil liberties; (3) The equipment described in the Policy is reasonably cost effective compared to available alternatives that can achieve the same obje ctive of officer and civilian safety (if any);
(4) Prior military equipment use complied with the applicable equipment use policy (which included equipment now defined as military equipment) that was in effect at the time, or if prior uses did not comply with the accompanying Policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance by way of the adoption of the Policy by this Ordinance.
(b) The Chino Police Department has made the Policy available on the Police Department’s website for at least 30 days prior to the public hearing concerning the military equipment at issue and described in the Policy.
(c) The Policy was considered by the City Council as an agenda item in an open session of a regular meeting, notice d in accordance with the Ralph M. Brown Act, at which public comment was permitted.
(d) The Policy shall be made publicly available on the Police Department’s website for as long as the military equipment is available for use.
(e) The Chino Police Department shall submit an annual military equipment report to the City Council, containing the information required in Government Code Section 7072, and the City Council shall determine whether each type of military equipment identified in that report has complied with the standards for approval set forth in (a)(1)-(4) above. (f) The City Council shall review this Ordinance, and vote on whether to renew it, on an annual basis at a regular meeting, in accordance with Government Code Section 7071(e)(2). (g) The City Council approves the use of the Policy and finds that it satisfies the requirements of Government Code Section 7070(d).

SECTION 3. The City Council hereby authorizes and directs the Mayor and the City Clerk to execute this Ordinance on behalf of the City of Chino forthwith upon its adoption.

SECTION 4. The Deputy City Clerk shall certify as to the passage of this Ordinance and shall cause the same to be published and/or posted at the designated locations in the City of Chino.

SECTION 5. This ordinance shall become effective thirty (30) days following its adoption. 176

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PASSED, APPROVED, AND ADOPTED this 2nd day of April, 2024.

EUNICE M. ULLOA, MAYOR
ATTEST:

NATALIE GONZAGA, CITY CLERK

Attachments incorporated by reference:

1. Exhibit A — Lexipol Policy 708 “Military Equipment”

2. Exhibit B — Military Equipment Inventory as of February, 2024

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) §

CITY OF CHINO )

I, Natalie Gonzaga, City Clerk of the City of Chino do hereby certify that the foregoing Ordinance of the City of Chino was duly adopted by said City Council at a regular meeting held on the 2nd day of April 2024 by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

By:

NATALIE GONZAGA, CITY CLERK

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Exhibit “A”
Chino Police Department
Chino PD Policy Manual
The use of "Military Equipment" as defined by AB481

Chino Police Department
Chino PD Policy Manual

The use of "Military Equipment" as defined by
AB481
708.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of "military equipment" as defined by Government Code § 7070; Government Code § 7071, and Government Code § 7072. The Chino Police Department does not use equipment obtained from the military. All equipment obtained and used by the Chino Police Department is designed for municipal police services.
708.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):

Governing body – The elected or appointed body that oversees the Department.

Military equipment – Defined by and identified in Government Code Section 7071 (c) (1 - 15).
708.2 POLICY
It is the policy of the Chino Police Department that members of this department comply with the provisions of Government Code § 7071 with respect to military equipment. 708.3 MILITARY EQUIPMENT COORDINATOR
The Chief of Police designates the Professional Standards Unit to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as liaison to the governing body for matters related to the requirements of this policy.
(b) Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Departm ent intends to acquire that requires approval by the governing body.
(c) Conducting an inventory of all military equipment annually.

Policy
708
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(d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Chino Police Department (Government Code § 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:

1. Publicizing the details of the meeting.

2. Preparing for public questions regarding the department's funding, acquisition, and use of equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government Code § 7072).
(g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner.
708.4 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the governing body and is available on the department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071). The military equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071):
(a) Requesting military equipment made available pursuant to 10 USC § 2576a. (b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department. (e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiring military equipment through any means not provided above. 708.5 COORDINATION WITH OTHER JURISDICTION
Military equipment used by any member of this jurisdiction shall be approved for use and in accordance with this Department policy. Military equipment used by other jurisdictions that are providing mutual aid to this jurisdiction shall comply with their respective military equipment use policies in rendering mutual aid.

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708.6 MAINTENANCE OF MILITARY USE SUPPLY LEVELS
When stocks of military equipment have reached low levels, the Department may order up to 30% of stock in a fiscal quarter without City Council's pre-approval to maintain essential availability for the police department's needs.
708.7 COMPLIANCE
The Professional Standards Unit will ensure that all Department members comply with this policy.

The Professional Standards Unit will conduct an annual audit. The Chief of Police or the authorized designee will be notified of any policy violations and, if needed, the violation(s) will be referred to the Professional Standards Unit and handled in accordance with the Personnel Complaints Policy.

All instances of non -compliance will be repor ted to Chino City Council via the annual military equipment report.

Any member of the public can register a question or concern regarding military use equipment by contacting the Chino Police Department via email at [email protected], which will be routed to the Professional Standards Unit. A response to the question or concern shall be completed by the Department in a timely manner.

Any member of the public can submit a complaint to any member of t he Department and in any form (i.e. in person, telephone, email, etc.). Once the complaint is received, it should be routed to the Professional Standards Unit in accordance with Personnel Complaints Policy. 708.8 ANNUAL REPORT
Upon approval of a military equipment policy, the Chief of Police or the authorized designee should submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072).

The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in department inventory. 708.9 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the a nnual “Military Equipment” report, the Department shall hold at least one well -publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment. 708.10 MILITARY EQUIPMENT INVENTORY
The following constitutes a list of qualifying equipment for the Department:

See Exhibit “B”
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Exhibit “B”
“MILITARY EQUIPMENT” as defined by AB 481 as of August 2024

1. Unmanned, remotely piloted, powered aerial or ground vehicles (Category 1) a. Description, quantity, capabilities, and purchase cost:
i. DJI PHANTOM 4 PRO, cost: approximately $800 each, quantity: 2. UAS that weighs approximately 3 pounds and has video recording capabilities, approximately 30 minutes of flight time.
ii. DJI MAVIC 2 ENTERPRISE ADVANCED, cost: approximately $3,500 each, quantity: 2. UAS that weighs approximately 2.5 pounds has infrared capability and is able to record video and audio with approximately 30 minutes of flight time.
iii. DJI MAVIC AIR, cost: approximately $700 each, quantity: 2. UAS that weighs approximately 1 pound and is able to record video and audio with approximately 20 minutes of flight time.
iv. DJI Avata, cost: approximately $1300 each, quantity 1. UAS weighs approximately 2 pounds and is used to fly indoors. The Avata is able to record video and audio with approximately 20 minutes of flight time. b. Purpose: To be deployed when its view would assist officers or incident commanders with the following situations, in compliance with FAA regulations and with respect for constitutional rights and privacy, which include but are not limited to: Crime scene documentation, traffic collision scene documentation, searches for missing persons, disaster response, searches for suspects who are believed to be hiding within a defined incident perimeter, in support of search warrant or tactical operations such as barricaded su spects, mapping of critical infrastructure for Homeland Security purposes, security operations at larger public gatherings, where images are not recorded except for criminal behavior, critical incident management, enforcement of City Municipal Codes related to Health and Safety, such as fireworks, aerial imaging services to other units of government. c. Authorized Use : Only assigned operators who have completed the required training shall be permitted to operate UAS equipment during approved missions. d. Expected Life Span: All UAS equipment, approximately 3-5 years. e. Fiscal Impac t: Annual maintenance and battery replacement cost is approximately $400.
f. Training: All Department UAS operators are licensed by the Federal Aviation Administration for UAS operation. In addition, each operator must attend a 40-hour department training and ongoing quarterly training.
g. Legal and Procedural Rules : Use is established in the Unmanned Aerial System’s Policy and FAA Regulation 14 CFR Part 107. It is the policy of the Chino Police Department to utilize UAS only for official law enforcement purposes, and in a manner that respects the privacy of our community, pursuant to State and Federal law.

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a. Description, quantity, capabilities, and purchase cost:
i. ICOR Mini -Caliber robot, cost: approximately $80,000, quantity: 1.

Designed for rapid tactical missions, the robot is simple to operate and quick to deploy for searching rooms, hallways, stairwells, and confine d spaces. With rubber tracks and articulating front and rear flippers, the Mini- CALIBER effortlessly climbs stairs. It also includes an extendible rotating claw arm that simplifies opening door handles.
ii. Recon Robotics, Throwbot XT, cost: approximately $12,000 each, quantity:

2. The Throwbot® XT is a throwable, mobile micro-robot that provides both audio and video reconnaissance of dangerous environments. Personnel can use the new micro -robot to quickly gain situational awareness during high-risk operations and surveillance missions.
iii. Recon Robotics, Throwbot® 2 (TB2), cost: $16,270 each, quantity: 1. The robot is a throwable micro-robot platform that enables operators to obtain instantaneous video and audio reconnaissance within indoor or outdoor environments.
b. Purpose: To be deployed when its capabilities would assist officers or incident commanders when dealing with tactical or lifesaving operations. The robot can be directed to move through a structure and transmit real-time video and audio. These reconnaissance features can locate and identify subjects, confirm presence of hostages, and reveal building layout. These robotic technologies may be used in many different circumstances including but not limited to:

Searches for suspects who are believed to be h iding within a defined incident perimeter, in support of search warrant or tactical operations such as barricaded suspects, hostage rescue incident, crisis negotiations, disaster response.
c. Authorized Use: These robotic technologies are primarily used by trained SWAT officers, however, may be utilized by additional personnel as needed. d. Expected Life Span: Approximately 5-10 years.
e. Fiscal Impact: Warranties for these products are limited (2 years). Maintenance costs are then considered out of pocket and can range from $500 and up for repairs.
f. Training: While not required by law, specialized training in the utilization of these devices is recommended. SWAT personnel train with these devices regularly and maintain their serviceability.
g. Legal and Procedural Rules: It is the policy of the Chino Police Department to utilize a robot only for official law enforcement purposes, and in a manner that respects the privacy of our community, pursuant to State and Federal law.

3. Command and Control Vehicles (Category 5)
a. Description, quantity, capabilities, and purchase cost:

LENCO BEARCAT, G2, cost: approximately $273,000, quantity: 1. The Lenco Bearcat, G2, is an armored vehicle that seats 10-12 personnel with open floor plan that allows for rescue of downed personnel or civilians. The Bearcat G2 has increased ground clearance and a robust suspension which allows for an emergency response to almost any situation. It can stop various projectiles, which 182

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provides greater safety to the community and officers beyond the protection level of shield and personal body armor.
b. Purpose: To be used in response to critical incidents to enhance officer and community safety, imp rove scene containment and stabilization, and assist in resolving critical incidents.
c. Authorized Use: The use of armored vehicles shall only be authorized by a watch commander or SWAT commander, based on the specific circumstances of a given critical incident. Armored vehicles shall be used only by officers trained in their deployment and in a manner consistent with department policy and training. d. Lifespan: Lenco Bearcat model G2, approximately 15 years. e. Fiscal Impact: Annual maintenance cost of approximately $1,000. f. Training: All driver/operators shall attend formalized instruction and be trained in vehicle operations and practical driving instruction.
g. Legal and Procedural Rules: Use is established in the Vehicle Use Policy. It is the policy of the Department to utilize armored vehicles only for official law enforcement purposes, and pursuant to State and Federal law.

4. Command and Control Vehicles (Category 5)
a. Description, quantity, capabilities, and purchase cost:

Mobile Command Center (MCC): A 2002 Workhorse RV, cost: approximately $195,000, quantity: 1. The MCC is a retrofit recreational vehicle containing a mobile office that provides shelter, access to police department computer systems, and restroom facilities for extended events. The MCC can also be utilized for SWAT/CNT and other critical incidents, preplanned large events, searching for missing persons, natural disasters, and community events. b. Purpose: To be used based on the specific circumstances of a giv en critical incident, large event, operations, natural disaster, or community event. c. Authorized Use: The MCC shall be used by officers trained in its deployment and in a manner consistent with department policy and training. d. Lifespan: Approximately 15 -year lifespan on chassis and vehicle structure.

Upgrades needed to maintain IT systems.
e. Fiscal Impact: Annual maintenance cost is approximately $3,500. f. Training: The driver/operator shall receive training in the safe handling of the vehicle on a closed tr aining course. Once the driver/operator has shown competence in vehicle handling, they will be allowed to deploy the vehicle for department authorized use.
g. Legal and Procedural Rules : Use is established in the Crisis Response Unit Policy. It is the poli cy of the Department to use the MCC only for official law enforcement purposes, and in accordance with California State law regarding the operation of motor vehicles.

5. Command and Control Vehicles (Category 5)
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a. Description, quantity, capabilities, and purchase cost:
b. Tactical Response Vehicle (TRV) : A 201 7 Chevrolet Suburban on a 3500 Chassis, cost: approximately $83,000, quantity: 1. The TRV is used as a mobile command and control vehicle for extended operations and critical incidents. The TRV is outfitted with specialized equipment to support field personnel and incident commanders.
c. Purpose: To be used to facilitate command and control at critical incidents, as a rapidly deployable response vehicle. It supports the function of incident commanders until the scene is stabilized or when extended, the MCC is deployed. d. Authorized Use : The TRV shall be deployed by officers authorized for its deployment by the Watch Commander or their designee and in a manner consistent with department policy and training.
e. Lifespan: Approximately 10-year lifespan.
f. Fiscal Impact: Annual maintenance cost is approximately $1,000. g. Training: The driver/operator shall receive training or instruction in the safe handling of the vehicle.
h. Legal and Procedural Rules: Use is established in the Vehicle Use Policy. It is the policy of the department to use the TRV only for official law enforcement purposes, and in accordance with California State law regarding the operation of motor vehicles.

6. Command and Control Vehicles (Category 5)
a. Description, quantity, capabilities, and purchase cost:
b. Special Weapons and Tactics (SWAT) Team Van: A 2016 Ford Transit Van 350 Chassis, cost: approximately $39,000, quantity: 1. The SWAT Team Van is used to transport specialized SWAT Team equipment and was specially built to do so. c. Purpose: To be used for the transportation of specialized SWAT Team equipment for training and for authorized SWAT Team operations.
d. Authorized Use: The SWAT Team Van shall be used by officers authorized for its deployment by the SWAT Team Commander or their designee and in a manner consistent with department policy and training.
e. Lifespan: Approximately 10-year lifespan.
f. Fiscal Impact: Annual maintenance cost is approximately $1,000. g. Training: The dri ver/operator shall receive training in the safe handling of the vehicle. Once the driver/operator has shown competence in vehicle handling, they will be allowed to deploy the vehicle for department authorized use. h. Legal and Procedural Rules: Use is established in the Vehicle Use Policy. It is the policy of the department to use the SWAT Team Van only for official law enforcement purposes, and in accordance with California State law regarding the operation of motor vehicles.

7. Command and Control Vehicles (Category 5)
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a. Description, quantity, capabilities, and purchase cost:
b. Crisis Negotiation Team (CNT) Van: A 2020 Ford Transit Van 350 Chassis, cost:
approximately $41,000, quantity: 1. The CNT Van is used to support the function of the Crisis Negotiation T eam as outlined in the Crisis Response Unit (CRU) policy.
c. Purpose: To be used for the transportation of CNT members and CNT operations conducted in support of the SWAT team.
d. Authorized Use : The CNT Van shall be used by officers authorized for its deployment by the CRU Commander or their designee and in a manner consistent with department policy and training.
e. Lifespan: Approximately 10-year lifespan.
f. Fiscal Impact: Annual maintenance cost is approximately $1,000. g. Training: The driver/operator shall receive training in the safe handling of the vehicle. Once the driver/operator has shown competence in vehicle handling, they will be allowed to deploy the vehicle for department authorized use. h. Legal and Procedural Rules: Use is established in the Vehicle Use Policy. It is the policy of the department to use the CNT Van only for official law enforcement purposes, and in accordance with California State law regarding the operation of motor vehicles.

8. Battering rams, slugs and breaching apparatuses that are explosive in nature (Category 7)
a. Description, quantity, capabilities, and purchase cost:
i. LENCO BEARCAT, G2 BEAR-CAT vehicles have attachable metal booms that can be used for breaching structu res, fences, or ramming objects during high -risk incidents, to include active shooter incidents on school grounds, buildings or other structures, cost: included with purchase of BEARCAT G2 quantity: 1.
ii. Ballistic Breaching is used to gain access to fortified structures using steel or security doors. The breaching rounds deployed from a shotgun and are only used by trained personnel with a legitimate law enforcement purpose.

The breaching ammunition is as follows:
(1) Royal Arms 275 grain copper frangible, cost: $4.50/round, quantity:
200 rounds. For use on solid wood doors, locks, and hinges. (2) Royal Arms 425 grain copper frangible, cost: $4.50/round, quantity 100 rounds. For use on heavy locks, dead-bolts & hinges, solid-oak, and steel doors.
(3) Royal Arms HP cutter 450 grain, cost: $5.00/round, quantity 100 rounds. Cuts re-bar, penetrates security glass, car doors, punches into engine blocks.
(4) Royal Arms copper frangible 500 grain, cost: $5.00/round, quantity 100 rounds. For use on h eavy Locks, Cross -bolts, and Hinges (Steel Doors / Steel Frames)
b. Purpose: To be used in response to critical incidents or CRU operations to enhance officer and community safety, improve scene containment and 185

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stabilization. The use of breaching apparatus is for the rapid, positive, and dynamic access to an objective in order to bypass obstructions such as walls, doors and windows to gain access to a desired location with legal authority. c. Authorized Use: The use of battering rams, slugs and breaching apparatuses that are explosive in nature are limited to incidents under the direction of the CRU Commander or their designee. They shall only be used by officers trained in their deployment and in a manner consistent with department policy and training. d. Lifespan: Approximately 10 years.
e. Fiscal Impact: No measurable fiscal impact for maintenance. f. Training: All operators of this equipment shall attend formalized and continuing training in its use prior to deployment. Any personnel deploying breaching rounds will attend a course in its use prior to deployment.
g. Legal and Procedural Rules: Use is established in the Crisis Response Unit and Rapid Response and Deployment policies. It is the policy of the department to battering rams, slugs and breaching apparatuses that are explosive in nature, only for official law enforcement purposes, and pursuant to State and Federal law.

9. Specialized Firearms and Ammunition of less than .50 caliber (As defined by PC30510 and 30515) (Category 10)
a. Description, quantity, capabilities, and purchase cost:
i. Daniel Defense DDM4 MK12 Carbine, caliber: .223 and 5.56 NATO, cost:
$1700 each, quantity: 1 15. The Daniel Defense DDM4 MK12 is a high- precision rifle that fires .223 caliber and 5.56 NATO rounds accurately at close and long range. This rifle is the primary duty rifle issued for patrol officers, field personnel and specialized investigative units. ii. Daniel Defense DDM5 Carbine, caliber: 308 WIN/ 7.62 x 51mm, cost:
$2,500, quantity: 1. The Daniel Defense DDM5 is a high precision rifle that fires 308 WIN/ 7.62 x 51mm rounds accurately at close and long range.

This rifle is the pri mary duty rifle issued to a SWAT Long Rifle team member.
iii. Colt M4 Carbine, caliber: .223 and 5.56 NATO, cost: $1,700, quantity: 6.

The Colt M4 Carbine is a high precision rifle that fires .223 caliber, and 5.56 NATO rounds accurately at close and long range. This rifle is the issued for use of specialized investigative units and as back -up SWAT team weapons.
iv. Remington 700 bolt action rifle: 308 WIN, cost: $ 900 quantity: 5. The Remington 700 rifles are long -range precision rifles that shoot 308 WI N rounds. The rifles are issued and used by our SWAT Team Long Rifle team.
(1) Ammunition: The Chino Police Department maintains an inventory of training and duty ammunition for the rifles listed above. The inventory fluctuates based upon training and the cycling out of duty ammunition, however it maintains approximately 25,000 rounds of duty ammunition and approximately 100,000 rounds of training ammunition. .
(a) The following is a list of manufacturers and types of the department’s duty ammunition:
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(i) Hornaday 168 grain ELD Match TAP Precision 308
WIN
(ii) Hornaday 165 GMX TAP Heavy Barrier 308 WIN
(iii) Speer LE Gold Dot 62 grain .223
(iv) Hornaday TAP 75 grain .223 and 5.56 NATO
(b) The Chino Police Department utilizes ammunition of various types from various reputable manufa cturers for training purposes, based upon availability.
b. Purpose: To be used as precision weapons to address a threat requiring more precision and/or greater distances than that of a handgun, if present and feasible. c. Authorized Use: Only officers that complete the required POST-certified Tactical Rifle Course, which satisfies legislative training mandates as described in PC 33220, are authorized to deploy a rifle.
d. Lifespan
i. Daniel Defense DDM4 MK12 Carbine: No expiration.
ii. Daniel Defense DDM5 Carbine: No expiration.
iii. Colt M4 Carbine: No expiration.
iv. Remington 700 Bolt-action rifle: No expiration.
v. Ammunition: No expiration.
e. Fiscal Impact: Annual maintenance is approximately $50 for each rifle. f. Training: Officers shall not carry or utilize the patrol rifle unless they have successfully completed the required POST -certified Tactical Rifle Course, which satisfies legislative training mandates as described in PC 33220. Officers shall thereafter be required t o successfully complete yearly training and qualification conducted by a certified firearms instructor.
g. Legal and Procedural Rules: Use is established under the Patrol Rifles Policy. It is the policy of the Chino Police Department to utilize rifles only f or official law enforcement purposes, and pursuant to State and Federal law regarding the use of force.

10. Flashbang Devices (Category 12)
a. Description, quantity, capabilities, and purchase cost:

A Noise Flash Diversionary Devices (NFDD) is a device that creates a bright flash and loud sound to temporarily divert the attention of subjects in the immediate area. NFDD are used to distract and temporarily incapacitate dangerous suspects by overwhelming their senses of vision and hearing. The distraction allows officers to seize a moment of opportunity to take control of high-risk situations. i. Defense Technology Distraction Device Reloadable Body Model 8933. The Low Roll® Distraction Device® is a reloadable gun steel body with hex design. This newest version of the first reusable non -bursting canisters limits movement and rolling once deployed. cost: $58 each, quantity: 55 ii. Defense Technology Distraction Device 12-gram reload Model 8901 used in conjunction with the above reloadable body emits a loud “bang” and a flash of light, cost: $34 each, quantity: 102
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iii. CTS Flash-Bang 9Bang Model 7290-9 emits a loud “bang” and a flash of light (9) times, cost: $100 each, quantity: 28
b. Purpose: To produce atmospheric over-pressure and brilliant white light and, as a result, can cau se short-term (6 -8 seconds) physiological/psychological sensory deprivation to give officers a tactical advantage.
c. Authorized Use: Diversionary Devices shall only be used: By SWAT officers who have been trained in their proper use. In hostage and barricaded subject situations.

In high-risk warrant (search/arrest) services where there may be extreme hazards to officers. During other high-risk situations where their use would enhance officer safety. During training exercises.
d. Expected Lifespan:
i. Defense Technology #8933, 25 Uses
ii. Defense Technology #8901, 5 years
iii. CTS #7209-9, 5 years
e. Fiscal Impact: Annual cost of the program $5,000.
f. Training: The use of these devices is limited to those who have attended certified training course on their proper use.
g. Legal and Procedural Rules : It is the policy of the Chino Police Department to utilize diversionary devices only for official law enforcement purposes, and pursuant to State and Federal law regarding the use of force. Use of force and Crisis Response Unit policies apply.

11. Explosive Breaching Tools (Category12)
a. Description, quantity, capabilities, and purchase cost:

Explosive breaching is used to gain rapid access to a room or structure when an emergent law enforcement need exists. All efforts are made to minimize the amount of energetics applied to a target, while still achieving a positive breach.

Explosive breaching materials are used to m ake breaching charges of various shapes and strength which are specifically designed for the target. The materials release gasses, heat, and light when initiated. The pressure from the gasses released presses against mediums and or the target to cause the structure of the target to fail for a successful breach. Breaching charges are specially designed to cause structural failure of the desired target. The breaching charges in stock were built in house by the designated SWAT Team Explosive Breachers. Various types, configurations, and energetic weights are maintained for use as needed. Older charges are cycled out of stock during monthly training. i. 20 pounds of C2 Sheet Explosive PETN, cost: $49.50/ pound. A PETN based sheet explosive.
ii. 1500 feet, 50 grain pe r foot, detonation cord PETN, $0.63/ foot. The detonating cord is a thin, flexible plastic tube usually filled with pentaerythritol tetranitrate (PETN, pentrite). With the PETN exploding at a rate of approximately 6400 m/s, any common length of detonation cord appears to explode instantaneously. It is a high -speed fuse which explodes, rather than burns, and is suitable for detonating high explosives. iii. 100 Non-electric detonators 40-foot #1 delay, $10.75 each iv. 10 PETN slip-on boosters, 20 gram, $5.50 each
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b. Purpose: To safely gain entry into a structure when an emergent law enforcement need exists.
c. Authorized Use: Explosive breaching may only occur after authorization by the Incident Commander or SWAT Commander in the field, and during training exercises.
d. Expected Lifespan:
i. 50 grain Detonation Cord – 5 years
ii. C2 Sheet Explosive – Until expended
iii. Non-electric detonator – Until expended
iv. Slip-on boosters – Until expended
e. Fiscal Impact: Annual cost of the program $2,000.
f. Training: All Explosive Breachers shall be licensed as a Blaster by Cal-OSHA. All Breachers will attend an approved Explosive Breaching course. g. Legal and Procedural Rules : It is the policy of the Chino Police Department to utilize rifles only for official law enforcement purposes, and pursuant to State and Federal law regarding the use of force. Use of force and Crisis Response Unit policies apply.

12. Tear Gas (Category 12)
a. Description, quantity, capabilities, and purchase cost:

Chemical agent munitions, which are commonly referred to as “tear gas,” are used by the Chino Police Department as a non-lethal tool to disperse subjects engaged in civil unrest, as described by law and AB48 and Government Code 12525.2, as well as barricaded subjects for a legitimate law en forcement purpose. The Chino Police Department uses chemical agents which are used by law enforcement across the United States: CS (2 -Chlorobenzylidenemalononitrile) and OC (Oleoresin Capsicum) CS is an irritating agent and lachrymator (irritates the eyes and causes tears to flow). CS has been medically tested in the UK and US, specifically by the U.S. Army. There are no known allergic reactions to CS. OC was de-regulated in California in 1996, is endorsed by the FBI, and is available to civilians to legall y possess (2.5oz or less). OC is an inflammatory agent which causes involuntary closure of eyes (open in 2 -5 minutes) and respiratory inflammation (subsides in approximately 2 minutes)
i. CTS #5230B – Pyrotechnic grenade designed for indoor use delivering a maximum amount of irritant smoke throughout multiple rooms with minimal risk of fire. Cost: $35 Each, quantity: 47.
ii. Defense Technology #1016 – Pyrotechnic canister grenade emitting CS smoke through for 20 to 40 seconds. This is a launchable grenade; however, it is normally used as a signaling or covering device. Though this device is slightly over four inches in length, it produces a smoke cloud so fast it appears to be an enveloping screen produced by a full -size tactical grenade. May be launched or hand th rown. Cost: $26.40 each, quantity:

12. iii. Defense Technology #1032 – The design of the Tri -Chamber Flameless CS Grenade allows the contents to burn within an internal can and disperse the agent safely with reduced risk of fire. The grenade is designed primarily for indoor tactical situations to detect and/or dislodge a 189

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barricaded subject. The purpose of the Tri -Chamber Flameless Grenade is to minimize the risks to all parties through pain compliance, temporary discomfort, and/or incapacitation of potentially violent or dangerous subjects. Cost: $38.40, quantity: 8.
iv. Defense Technology #2262 – The Ferret® 40mm Round is non -burning and suitable for indoor use. Used primarily by tactical teams, it is designed to penetrate barriers, such as windows, hollow core doors, wallboard, and thin plywood. Upon impacting the barrier, the nose cone ruptures and instantaneously delivers a small chemical payload inside of a structure or vehicle. In a tactical deployment situation, the 40mm Ferret is primarily used to dislodge barricaded subjects from confined areas. Its purpose is to minimize the risks to all parties through pain compliance, temporary discomfort and/or incapacitation of potentially violent or dangerous subjects. Cost: $23.60, quantity: 38.
v. Defense Technology #6182 Spede-Heat™ - The Spede-Heat™ CS Long- Range Munitions delivers one chemical canister of CS agent from a 40 mm launcher down range up to 150 yards. The Spede-Heat™ is a pyrotechnic round designed specifically for outdoor use in crowd control situations with a high-volume continuous burn that expels its payload in approximately 20- 40 seconds from a single source. Cost: $31 each, quantity: 41. vi. Defense Technology #1026 Triple-Chaser – The Triple -Chaser C S consists of three separate canisters pressed together with separating charges between each. When deployed, the canisters separate and land approximately 20 feet apart allowing increased area coverage in a short period of time. This is a hand-thrown munition. Cost $38.50 each, quantity:

8. vii. Defense Technolo gy #1080 Riot Control OC - The Riot Control OC grenade is designed specifically for outdoor use in crowd control situations with a high volume of continuous burn that expels its payload in approximately 20-40 seconds through four gas ports located at the t op of the canister. This grenade can be used to conceal tactical movement or to route a crowd. This is a hand -thrown munition. Cost: #38.50 each, quantity: 5.
viii. Defense Technology #6042 Muzzle Blast CS – The Muzzle Blast CS round can be used in crowd mana gement and in tactical operations such as a barricaded subject, room clearing, area denial and for small space contamination. As a pain compliance round it is an excellent device for deploying chemical-laden CS powder at close ranges. This is deployed from a 40mm launcher. Cost: $31 each, quantity: 10.
ix. Defense Technology #6040 Muzzle Blast OC – The Muzzle Blast OC round can be used in crowd management and in tactical operations such as a barricaded subject, room clearing, area denial and for small space contamination. As a pain compliance round it is an excellent device for deploying chemical-laden OC powder at close ranges. This is deployed from a 40mm launcher. Cost: $31 each, quantity: 6.
x. Defense Technology #1097 Rubber Ball CS Blast – The Rubber Ball CS Blast grenade is a maximum effe ct device that delivers three stimuli for psychological and physiological effects: light, sound, and CS. The Rubber Ball CS Blast combines loud report and flash with effects of chemical agents. This is a hand-thrown munition. Cost: $35 each, quantity: 1. 190

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xi. Defense Technology #1082 Riot Control Continuous Discharge CS – The Riot Control Continuous Discharge CS is specifically designed for outdoor use in crowd control situations with a high -volume continuous burn that expels its payload in approximately 20-40 seconds through four gas ports located on the top of the canister. This is a hand -thrown munition. Cost:
$38.50 each, quantity: 13.
xii. Defense Technology #6172 Skat Shell CS – The Skat Shell CS multiple chemical projectile round is designed to deliver multiple CS canisters from a 40mm launche r. It is designed for outdoor use and is widely used for crowd management for the rapid and broad deployment of a chemical agent by a single grenadier. This is deployed from a 40mm launcher. Cost:
$31 each, quantity: 4.
xiii. Defense Technology #6320, 40mm Direct Impact OC. A less lethal 40mm lightweight plastic and crushable foam projectile fired from a 40mm launcher. The 39 -gram crushable foam projectile delivers 120 ft/lbs. of energy upon impact in addition to dispersion of 5 grams of OC irritant. The 40mm Direct Impact OC Round provides accurate and effective performance when fired from the approved distance of not less than five (5) feet and as far as 120 feet from the target. Cost $31, quantity 5. xiv. Defense Technology #6322, 40mm Direct Impact CS. A less lethal 40mm lightweight plastic and crushable foam projectile fired from a 40mm launcher. The 39 -gram crushable foam projectile delivers 120 ft/lbs. of energy upon impact in addition to dispersion of CS. The 40mm Direct Impact CS Round provides accurate and effective performance when fired from the approved distance of not less than five (5) feet and as far as 120 feet from the target. Cost $31, quantity 2.
xv. Defense Technology #1092, Han-ball CS. The Han-ball CS is an outdoor use grenade expelling its paylo ad in approximately 15 -20 seconds. The grenade holds approximately 1.6 ounces of active agent which is expelled through three ports around the equator of the ball. Cost $35, quantity 27. xvi. Defense Technology #1063, Military-Style Saf-Smoke Grenade. The Saf- Smoke grenade is designed for training but may also be used in operations.

The Saf-Smoke Grenade offers similar burn times as the Speed-Heat and Riot Control Grenade. It emits a very white smoke. This is a hand-thrown munition. Cost $31, quantity 10.
xvii. Defense Technology #1073 , Maximum HC Smoke. The Maximum Smoke grenade is designed for outdoor in crowd control and expels its payload in approximately 1.5 -2 minutes through four gas ports located at the top of the canister. The grenade can be used to conceal tactical movement or route a crowd. This is a hand -thrown munition. Cost $31,. quantity 4.
xviii. Defense Technology #1017 , Pocket Tactical Saf -Smoke. The Pocket Tactical Saf -Smoke grenade is a small and lightweight. It will burn for approximately 20 -40 seconds and is normally used as a signaling or covering device. This is a hand-thrown munition. Cost $31, quantity 7. xix. Defense Technology #6582, 40mm Ground Marker CS 200M. The 40mm Ground Marker munition is designed to deliver an irritant payload downrange to specified dist ances. The spin stabilized projectile and smokeless propulsion system produce extremely consistent velocities and range. Applications for this product include crowd control, marking and 191

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obscuration. This is deployed from a 40mm launcher. Cost $31, quantity

12. xx. Defense Technology #1072 , Spede-Heat Continuous Discharge Chemical CS Grenade. A high-volume CS Grenade with continuous burn, designed for outdoor in crowd control environments, expels its payload in approximately 20 -40 seconds through four gas ports at the top of the canister, three on the side and one on the bottom. This is a hand-thrown munition. Cost $37, quantity 4.
xxi. Aerko Clear Out #AER1145, 6 ounce Burst Fogger. Aerko Clear Out fogger is a non-flammable aerosol which delivers an aerosol comprised of a mixture of CS and OC It is a chemical agent used to force occupants of an enclosed space to leave the area. This is a hand-thrown munition. Cost $19, quantity 12.
b. Purpose: To be used in response to incidents of civil unrest as described by law and AB48 and Government Code 12525.2, as well as barricaded subjects, critical incidents, CRU operations to enhance officer and community safety. c. Authorized Use: The use of chemical agents will be done so at the direction of a Mobile Field Force Commander or SWAT Commander.
d. Lifespan: The lifespan of each chemical agent is approximately 5 years from the date of manufacture (each munition has it manufacture date affixed). e. Fiscal Impact : No measurable fiscal impact for maintenance. The cost of the program is approximately $4,000.
f. Training: Certified training in the use of chemical agents for each appropriate use in crowd control or by the SWAT team wil l be completed prior to its use by any department member.
g. Legal and Procedural Rules : Use is described in the Use of Force, Civil Disturbance or Unusual Occurrence Plan, First Amendment Assemblies policies.

It is the policy of the department to use this device only for official law enforcement purposes, and pursuant to State and Federal law.

13. PepperBall Launchers and Munitions (Category 12)
a. Description, quantity, capabilities, and purchase cost:

PepperBall gives law enforcement professionals a powerful, non-lethal option for defense. PepperBall launchers use high pressure air to deliver PAVA (Pelargoinc Acid Vanillylamide) powder projectiles which are similar to a powdered “pepper spray.” The PAVA projectiles deliver kinetic energy impacts as well as the PAVA powder. It is a de -escalation tool to avoid further injuries or lethal options to a subject.
i. PepperBall VKS Carbine launcher. The VKS launcher is the strongest non- lethal consumer device available from PepperBall, it has an effective distance of up to 150 feet. It is powered with a high-pressure air bottle and the rounds are gravity fed through a hopper, or magazine fed. Cost: $1,300 each, quantity: 4.
ii. PepperBall SA -200 Launcher. The launcher is powered with a high - pressure air bottle and the rounds are gravity fed through a hopper. Cost:
$800, quantity: 1.
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iii. PepperBall Tac Launcher. The launcher is powered with a high -pressure air bottle and the rounds are gravity fed through a hopper. Cost: $800, quantity: 1.
iv. PepperBall Live Projectiles. The bas ic PepperBall projectile contains 2% PAVA pepper powder, and is designed for direct impact and area saturation, especially in confined, interior spaces. Discharged from a PepperBall Launcher, the projectile has a velocity of 280 -350 FPS. The projectile has a direct impact of 60ft and an area of saturation of 150+ft.

The projectile contains 0.5% PAVA Powder. Cost: $900/ per 375 rounds, quantity: 1500.
v. PepperBall Inert Projectiles. The Inert PepperBall projectile contains a harmless scented powder and is designed for direct impact and for training with a PepperBall Launcher, the projectile has a velocity of 280 -350 FPS.

The projectile has a direct impact of 60ft. Cost: $400/ per 375 rounds, quantity: 1500.
b. Purpose: To provide officers with a non -lethal option to deliver a chemical agent and kinetic impact to subjects for a legitimate law enforcement purpose, to affect an arrest, prevent escape or overcome resistance as define by law and department policy. It is a de -escalation tool to avoid further injur ies or lethal options to a subject.
c. Authorized Use: Officers may deploy a PepperBall launcher in incidents of civil unrest as described by law and AB48 and Penal Code 13652 , as a non -lethal option to deliver a chemical agent and kinetic impact on subjects who are violent, threatening violence, who are armed, or threatening self -harm, and barricaded subjects.
d. Expected Lifespan:
i. Launchers – 5-10 years.
ii. Live and inert projectiles - 5 years
e. Fiscal Impact : Annual maintenance costs are approximately $50/ launcher.

Annual cost of the program $2,000.
f. Training: The use of these devices is limited to those who have attended certified training course on their proper use.
g. Legal and Procedural Rules : Use is described in the Control Devices and Techniques policy. It is the policy of the Chino Police Department to utilize less - lethal devices only for official law enforcement purposes, and pursuant to State and Federal law regarding the use of force.

14. Long Range Acoustic Device (LRAD) (Category 13)
a. Description, quantity, capabilities, and purchase cost:

LRAD 100X Portable Hailing System, cost: $6,000, quantity: 1. The Model 100X Portable Hailing System is a self -contained, hand-held, portable communications device for use in on-scene and tactical communications. It has the capability to be 20- 30 dB louder than legacy bullhorns and vehicle-based P.A. systems, while still being 4x- 6x louder and more intelligible than products with a comparable size and weight. Weighing at only 15 lbs. with battery.
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b. Purpose: To be used in response to critical incidents or CRU operations to enhance officer and community safety, improve scene containment and stabilization. The use of breaching apparatus is for the rapid, positive, and dynamic access to an objective in order to bypass obstructions such as walls, doors and windows to gain access to a desired location with legal authority. c. Authorized Use: The LRAD 100X can be used as a public address (PA) system during tactical situations or at large events where its use will benefit the community and public safety.
d. Lifespan: Approximately 10 years.
e. Fiscal Impact: No measurable fiscal impact for maintenance. f. Training: Training in its use will be conducted prior to its use by any department member.
g. Legal and Procedural Rules: It is the policy of the department to use this device only for official law enforcement purposes, and pursuant to State and Federal law.

15. 40mm Projectile Launchers, Specialty Impact Munitions (Category 14) a. Description, quantity, capabilities, and purchase cost:
i. Defense Technology/ LMT, 40mm single -shot launcher, #1425, cost:
$1000 each, quantity: 5 9. The 40mm single launcher is a tactical single shot launcher will fire standard 40mm less lethal ammunition, up to 4.8 inches in cartridge length.
ii. Defense Technology/ LMT, 40mm 4 -shot launcher, #1440, cost: $1000 each, quantity: 3. The 40mm 4-shot launcher is a tactical launcher will fire standard 40mm less lethal ammunition, up to 4.8 inches in cartridge length. iii. Defense Technology/ LMT, 7 -inch M203 40mm single -shot launcher, #LMP350/L2X1, cost: $1500 each, quantity: 2. The 40mm single launcher is a tactical launcher that will fire standard 40mm less lethal ammunition, up to 4.8 inches in cartridge length.
iv. Defense Technology #6325, 40mm eXact Impact Sponge Round. A less lethal 40mm lightweight plastic and foam projectile fired from a 40mm launcher. The 40 -gram foam projectile delivers 120 ft/lbs. of energy on impact. The 40mm Exact Impact Sponge Round provides accurate and effective performance when fired from the approved distance of not less than five (5) feet and as far as 131 feet from the target. Cost: $20 each, quantity: 300.
v. Defense Technology #6326, 40mm Direct Impact Marking Round. A less lethal 40mm lightweight plastic and foam projec tile fired from a 40mm launcher. The 40 -gram foam projectile delivers 120 ft/lbs. of energy on impact and loaded with a green marking agent. The 40mm Exact Impact Sponge Round provides accurate and effective performance when fired from the approved distance of not less than five (5) feet and as far as 131 feet from the target. Cost: $20 each, quantity: 5.
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b. Purpose: To limit the escalation of conflict where employment of lethal force is prohibited or undesirable.
c. Authorized Use: Situations for use of the less lethal weapon systems may include, but are not limited to:

Self-destructive, dangerous and/or combative individuals, riot/crowd control and civil unrest incidents as described by law and AB48 and Government Code 12525.2, circumstances where a tactical a dvantage can be obtained, potentially vicious animals, training exercises or approved demonstrations. d. Training: Sworn members utilizing 40mm less lethal launchers are trained in their use by POST certified less lethal instructors.
e. Lifespan: Defense Technology/ LMT #1425, 1140, M203: approximately 25 years.

Exact Impact Sponge: approximately 5 years.
f. Fiscal Impact: Annual maintenance is approximately $50 for each launcher. g. Legal and Procedural Rules: Use is established Control Devices and Techniques Policy. It is the policy of the Chino Police Department to utilize the 40mm only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force.

MAINTENANCE OF MILITARY USE SUPPLY LEVELS
When stocks of military equipment have reached low levels, the Department may order up to 30% of stock in a fiscal quarter without City Council's pre-approval to maintain essential availability for the police department's needs.

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MEMORANDUM

CITY OF CHINO

PUBLIC WORKS DEPARTMENT

CITY COUNCIL MEETING DATE: APRIL 2, 2024

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

SUBJECT
..titl e
Award a Professional Services Agreement with Butier Engineering, Inc., Tustin, CA for Construction Management, Testing, and Inspection Services for Projects No. WA212 and WA214.
..end

RECOMMENDATION
Award a Professional Services Agreement in the amount of $2,172,358 with Butier Engineering, Inc., Tustin, CA for Construction Management, Testing, and Inspection Services for the State Street Water Treatment Plant Project (WA212) and the Well 17 Equipping Project (WA214); and authorize the City Manager to execute all necessary documents on behalf of the City. ..body

FISCAL IMPACT
Sufficient funds are included in the Fiscal Year 2023 -2024 Capit al Improvement Program for Projects No. WA212 and WA214.

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

Revenue: Click or tap here to enter text.

Expenditure: 5207310 – 48003 | 48007 – WA212
5207310 – 48003 | 48007 – WA214
Transfer In: Click or tap here to enter text. Transfer Out: Click or tap here to enter text. 196
CITY COUNCIL MEETING DATE: APRIL 2, 2024
TITLE: AWARD A PROFESSIONAL SERVICES AGREEMENT WITH BUTIER ENGINEERING, INC., TUSTIN, CA FOR CONSTRUCTION MANAGEMENT, TESTING, AND INSPECTION SERVICES FOR PROJECTS NO. WA212 AND WA214.

PAGE: 2

BACKGROUND
The City of Chino provides potable water to approximately 81,000 residents. City -owned and operated groundwater wells produce approximately one -half of the City’s total potable water supply. The City owns fifteen (15) groundwater wells, nine (9) of which are currently inactive and six (6) receive treatment before storage and final distribution. The City is currently in various stages of design and construction of multiple water supply projects which will increase the City’s access to local groundwater supplies.

The State Street Reservoir is located at Benson Avenue and State Street in the City of Montclair. This is the City’s third water treatment facility. T he State Street Water Treatment Project (“WA212”) will treat groundwater from Wells 12 and 14, which are currently out of service due to water quality issues. WA212 project scope also includes the rehabilitation of Wells 12 and 14.

The Well 17 Equipping P roject (“WA214”) includes equipping of Well 17 with pumps, motors, and appurtenances to serve as a supply source to the recently expanded Eastside Water Treatment Facility (EWTF). After a review of existing information and a well video log, it was determined that well rehabilitation is needed to restore the capacity of the well , which must be performed prior to completing the well-equipping design.

Both projects are currently in the 90% design phase.

Due to the scale and complexity of the project construction, the City needs an experienced Construction Management firm to review contractor bids and manage day -to-day all aspects of the project construction. The firm will also handle the specialized inspections and the testing of various materials required to construct the project. In addition, the scope includes oversight of the offsite brine disposal pipeline and raw transmission main construction component.

ISSUES/ANALYSIS
Staff solicited Requests for Proposals (RFP) for professional consulting services for Construction Management, Testing, and Inspection Services via Planet Bids for both WA212 and WA214 combined. On November 7, 2023, at 10:00 a.m. four (4) proposals were received and opened. Staff evaluated and ranked the proposals based on th e qualifications of the firm including organization; experience; firm profile; personnel/staffing plan; project references; understanding of the assignments; overall work plan; and demonstrated technical ability, as described in the RFP. Staff selected the proposed consultant within the guidelines of the State of California Government Code and the City’s Purchasing Ordinance. The final ranking of the firms is shown below.

RANK CONSULTANT LOCATION
1 Butier Engineering, Inc. Tustin, CA
2 Anser Advisory Management Santa Ana, CA
3 Ladayu Consulting Group Palos Verdes Estates, CA
4 Ardurra Group Newport Beach, CA

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CITY COUNCIL MEETING DATE: APRIL 2, 2024
TITLE: AWARD A PROFESSIONAL SERVICES AGREEMENT WITH BUTIER ENGINEERING, INC., TUSTIN, CA FOR CONSTRUCTION MANAGEMENT, TESTING, AND INSPECTION SERVICES FOR PROJECTS NO. WA212 AND WA214.

PAGE: 3

Below is a breakdown of the total construction Management, Testing and Inspection cost:

CONSTRUCTION MANAGEMENT, TESTING & INSPECTION
SERVICES FOR WA212 AND WA214 AMOUNT
Professional Services for WA212 $1,327,012.00
Professional Services for WA 214 $845,346.00
WA212 & WA214 Professional Services Contract Total $2,172,358.00

On October 18, 2022, the City Council adopted Resolution No. 2022-075 adopting a Mitigated Negative Declaration for Project WA212 per the California Environmental Quality Act (“CEQA”).

City staff has determined that P roject WA214 is exempt from CEQA requirements according to Section 15301(c) of the CEQA Guidelines – “Existing Facilities”.

Staff recommends that the City Council approve a Professional Services Agreement for $2,172,358 to Butier Engineering, Inc., Tustin, CA for Construction Management, Testing, and Inspection Services for the State Street Water Treatment Plant Project (WA212) and the Well 17 Equipping Project (WA214).

Attachments: Exhibit A - Project Location Map
Exhibit B - Professional Services Agreement – Butier Engineering, Inc.

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WA 212 STATE STREET WATER TREATMENT PLANT

WA 214 WELL 17 EQUIPPING PROJECT

EXHIBIT A –

PROJECT LOCATION MAP

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Project Name/No.: Construction Management, Testing Contract No.: ______________ & Inspection for WA212 & WA214

Project Manager: PW/ M. Hindersinn Approved: ________________ 01225.0001/863604.2 (Long Form)

AGREEMENT FOR SERVICES

BETWEEN THE CITY OF CHINO AND
BUTIER ENGINEERING, INC.

THIS AGREEMENT FOR SERVICES (herein “Agreement”) is made and entered into this 2nd day of April, 2024 (“Effective Date”) by and between the City of Chino, a California municipal corporation (“City”) and Butier E ngineering, Inc. , a California Cor poration (“Consultant”). City and Consultant may be referred to individually as “Party” or collectively as “Parties.”

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

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

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

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

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

ARTICLE 1. SERVICES OF CONSULTANT

1.1 Scope of Services.

In compliance with all terms and conditions of this Agreement, the Consultant shall provide those services specified in the “Scope of Services ” attached hereto as Exhibit “A” and incorporated herein by this reference, which may be referred to herein as the “services” or “work” hereunder. As a material inducement to the City entering into this Agreement, Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the services required under this Agreement in a thorough, compete nt, a nd professional manner, and is experienced in performing the work and services contemplated herein. Consultant shall at all times faithfully, competently and to the best of its ability, 200
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experience and talent, perform all services described herein. Consultant covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be both of good quality as well as fit for the purpose intended. For purposes of this Agreement, th e phr ase “highest professional standards ” shall mean those standards of practice recognized by one or more first -class firms performing similar work under similar circumstances.

1.2 Consultant’s Proposal.

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

1.3 Compliance with Law.

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

1.4 California Labor Law.

If the Scope of Services includes any “public work” or “maintenance work,” as those terms are defined in California Labor Code Section 1720 et seq. and California Code of Regulations, Title 8, Section 16000 et seq. , and if the total compensation is $1,000 or more, Consultant shall pay prevailing wages for such work and comply with the requirements in California Labor Code section 1770 et seq. and 1810 et seq., and all other applicable laws, as they pertain to such work, including the following requirements:
(a) DIR Monitoring a nd Enforcement. The public work and/or maintenance work performed under this Agreement shall be subject to compliance monitoring and enforcement by the Department of Industrial Relati ons (“DIR”). Consultant shall post job site notices, as prescribed by regulation.
(b) Prevailing Wages . Consultant shall p ay prevailing wages to the exte nt required by Labor Code Section 1771. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wage s are on file at City Hall and will be made available to any interested pa rty on request. By initiating any work under this Agree ment, Consultant acknowledges receipt of a copy of the DIR determination of the prevailing rate of per diem wages, and Consultant shall post a copy of the same at each job site where work is performed under this Agreement.
(c) Penalty for Failure to Pay Prevailing Wages . Consultant shall comply with and be bound by the provisions of Labo r Code Sections 1774 and 1775 concern ing the payment of prevailing rates of wages to workers and the pe nalties for failure to pay prevailin g wages. The Consultant shall, as a penalty to the City, forfeit two hundred dollars ($200) for each 201
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calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Consultant or by any subcontractor. (d) Payroll Records . Consultant shall comp ly with and be bound by the provisions of Labor Co de Section 1776, which require s Consultant and each subcontractor to:
keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Sectio n 1776; certi fy and make such payroll records available for inspection as provided by Section 1776; and inform the City of the location of the records. (e) Apprentices. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6, and 1777.7 and California Code of Regulations T itle 8, Section 2 00 et seq. concerning the empl oyment of apprentices on public works projects. Consultant shall be responsible for compliance with these aforementioned Sections for all apprenti ceable occupations. Prior to commencing work under this Agreement, Consultant shall provide City with a copy o f the information submitted to any a pplicable apprenticeship program. Within sixty (60) days after concluding work pursuant to this Agreement, Consultant and each of its subcontractors shall submit t o the City a verified statement of the journeyman and apprentice hours performed under this Agreement. (f) Eight-Hour Work Day . Consultant acknowledges that eight (8) hours labor constitutes a legal day's work. Consultant shall comply with and be bou nd by Labor Code Section 1810.
(g) Penalties for Excess Hours . Consultant shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Consultant shall, as a penalty to the City, forf eit twenty-five dollars ($25) for ea ch worker employed in the perf ormance of this Agreement by the Consultant or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of t he provisions of Division 2, Pa rt 7, Chapter 1, Article 3 of the Labor Code.

Pursuant to Labor Code section 1815, work performed by employees of Consultant in excess of eight (8) hours per day, and forty (40) hours during any one week shall be permitted upon public work upon compensatio n for all hours worked in exce ss of 8 hours per day at not less than one and one-half (1½) times the basic rate of pay.
(h) Workers’ Compensation. California Labor Code Sections 1860 and 3700 provide that every employer wil l be required to secure the payment of compensation to its employees if it has employees. By exec uting this Agreement, and in accordance with the provisions of California Labor Code Section 1861, Consultant certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor C ode which require every employer to be insured against l iability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work o f this contract.”
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(i) Consultant’s Responsibility for Subcontractors. For every subcontractor who will perform work und er this Agreement, Consultant shall be respons ible for such subcontractor's compliance with Division 2, Part 7, Chapte r 1 (comme ncing with Section 1720) of the California Labor Code, and shall make such compliance a requirement in any contract with any sub contractor for work under this Agreement. Consultant shall be required to take all actions necessary to enfo rce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a review of the certified payroll re cords of the subcontractor on a periodic basis or upon becoming aware of the failure of the subcontractor to pay his or her work ers the specified prevailing rate of wages. Consultant shall diligently take corrective action to halt or rectify any such failure by any subcontractor.

1.5 Licenses, Permits, Fees and Assessments.

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

Consultant shall have the sole obli gation to pay for an y fees, assessments and tax es, plus applicable penalties and interest, which may b e imposed by law and arise from or are necessary for the Consultant’s performance of the services required by this Agreement, an d shall indemnify, defend and hold harmless City , its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder.

1.6 Familiarity with Work.

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

1.7 Software and Computer Services.

If the Scope of Services includes the provision and/or installation of any software, computer system, or other computer t echnology, Consultant repr esents and warrants that it has inspected the City’s current infrastructure, equipment, computer system and software and that the software, computer system, or other computer technology provided and/or installed by Consultant unde r this Agreement is compat ible, and shall be fully functional, with such infrastructure, equipment, computer system and software of the City. Consultant acknowledges that the City is relying on the representation by Consultant as a material consideration in entering into this Agreement.

1.8 Care of Work.
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The Consultant shall a dopt reasonable met hods during the life of the Agreemen t to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other com ponents thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until accep tance of the work by City, except such losses or damages as may be caused by City’s own negligence.

1.9 Further Responsibilities of Parties.

Both parties agre e to use reasonable care and diligence to perfo rm their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonab ly necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other.

1.10 Additional Services.

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

1.11 Special Requirements.

Additional terms and condition s of this Agreement, if an y, which are made a part hereof are set forth i n the “Special Requ irements” attached hereto as Exhibit “B” and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit “B” and any other provisions of this Agreement, the provisions of Exhibit “B” shall govern.

ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.

2.1 Contract Sum.

Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the “Schedule of Compe nsation” attached hereto a s Exhibit “C” and 204
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incorporated herein by this r eference. The total compensation, including reimburseme nt for actual expenses, shall not exceed Two Million One Hundred Seventy -Two Thousand Three Hundred Fifty -Eight Dollars and Zero C ents ($2,172,358.00) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.10.

2.2 Method of Compensation.

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

2.3 Reimbursable Expenses.

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

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

2.4 Invoices.

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

All invoices shall be submitted by email to [email protected]. Each invoice is to include:
(a) Line items for all personnel describing the work perf ormed, the number of hours worked, and the hourly rate.
(b) Line items for all materials and equipment properly charged to the Services.
(c) Line items for all oth er approved reimbursable expenses claimed, with supporting documentation.
(d) Line items for all approved subcontract or labor, s upplies, equipment, materials, and travel properly charged to the Services. 205
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(e) If this Agre ement requires prevailing wages, per Section 1.4 of the Agreement, all invoices shall include a copy of Consultant’s Certified Payroll and proof that Certified Payr oll has been submitted to the DIR.

Consultant shall also submit a list of the prevailing wa ge ra tes for all employees and subcontractors providing services under this Agreement, as applicable, with Consultant’s first invoice. If these rates cha nge at any time during the term of th e Agreement, Consultant shall submit a new list of rates to the Ci ty with its first invoice following the effective date of the rate change.

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

2.5 Waiver.

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

2.6 Contingency of Funds.

Consultant acknowledges that funding or portions of funding for this Agreem ent may be contingent upon State bud get approval; receipt of funds from, and/or obligation of funds by the State of California to City; or inclusion of s ufficient funding for the services he reunder in the budget approved by Chino City Council for each fisc al year covered by this Agreement. If such approval, funding or appropriations are not forthcoming, or are otherwise limited, Ci ty may immediately terminate or modify this Agreement without penalty.

ARTICLE 3. PERFORMANCE SCHEDULE

3.1 Time of Essence.

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

3.2 Schedule of Performance.

Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall pe rform all services within the time period(s) established in the “Schedule of Performance ” attached hereto as Exhibit “D” and incorporated herein by this 206
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reference. When requested by the Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Project Manager but not exceeding one hundred eighty (180) days cumulatively.

3.3 Force Majeure.

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

3.4 Term.

Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in ful l force and effect until c ompletion of the services , which shall be no later than June 30, 2025, except as otherwise provided i n the Schedule of Performance ( Exhibit “D”).

This Agreement may be renewed by a written amendment for up to an additional Two (2) One (1) year terms at the optio n of the City if the City is satisfied with the quality of service s performed by Consultant under this Agreement.

ARTICLE 4. COORDINATION OF WORK

4.1 Representatives and Personnel of Consultant.

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

(Name) (Title)

(Name) (Title)
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. 207
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Therefore, the foregoin g principals shall be resp onsible during the term of this Agreement for directing all activi ties of Consultant and devoting suff icient time to personally supervise the services hereunder. All personnel of Consultant, and any authorized age nts, shall at all times be under the exclus ive direction and contro l of the Principals. For purposes of this Agreement, the foregoing Principals may not be replaced nor may their responsibilities be substantially reduced by Consultant without the express written approval of City. Additionally, Consultant shall utilize only competent personnel to perform services pursuant to this Agreement. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and subcontractors, if any, assigned to perform the s ervices required under t his Agreement.

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

4.2 Status of Consultant.

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

4.3 Project Manager.

The Project Manager shall be Michele Hindersinn, PE, City of Chino Principal Engineer or any ot her person as may be designated by the Project Manager . It shall be the Consultant’s responsibility to assure that the Project Manager is kept informed of the progress of the performance of the services and the Consultant shall refer any decisions which must be made by City to the Project Manager. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Project Manager . The Project Manager shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.

4.4 Independent Consultant.

Neither the City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents o r employees, perform the services required herein, except as otherwise set forth her ein. City shall have no voice in the selecti on, discharge, supervision or control of Consultant’s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Consultant shall perform all services required herein as an independent contract or of City an d shall remain at all time s as to City a wholly independent contractor with only such obliga tions as are consistent with that ro le. Consultant shall not at any time or in any manner represent that it or any of it s agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed 208
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to be a partner of Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise with Consultant.

4.5 Prohibition Against Subcontracting or Assignment.

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

ARTICLE 5. INSURANCE AND INDEMNIFICATION

5.1 Insurance Coverages.

Without limiting Consultant’s indemnification of City, and prio r to commencement of any services under this Agreement, Consultant sha ll obtain, provide and maintain at its own expense during the term of t his Agreement, policie s of insu rance of the type and amounts described below and in a form satisfactory to City.
(a) General liability insurance . Consultant s hall maintain commercial g eneral liability insurance with coverage at least as broad as Insu rance Services Office form CG 00 01, in an amount not less than $ 1,000,000 per occurrence, $ 2,000,000 general aggregate, for bodily injury, personal injury, and pro perty damage. The policy m ust include contractual liability that has not been amended. Any e ndorsement restricting stan dard ISO “insured contract” language will not be accepted.
(b) Automobile liability insurance . Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Services to be performed unde r this Agreement, including coverage for any owned, hired, non - owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
(c) Professional liability (errors & omissions) insurance . Consultant shall maintain professional liability insurance that covers t he Services to be performe d in connection with this Agreement, in the minimum amount of $1,0 00,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before th e effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement. 209
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(d) Workers’ compensation insurance . Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).
(e) Subcontractors. Consultant shall includ e all subcontractors as insureds under its policies or shall furnish separate certif icates and certified endorsements for each subcontractor. All coverage s for subcontractors shall include all of the requirements stated herein.
(f) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”.

5.2 General Insurance Requirements.
(a) Proof of insurance . Co nsultant shall provide certificates of insurance to City as eviden ce of the insurance coverage require d herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certificat ion of insurance shall be k ept on fi le with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of al l required insurance polic ies, at any time.
(b) Duration of coverage . Consultant shall proc ure a nd maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection w ith the performance of the Services hereunder by Consultant, its agents, representatives, employees or subconsultants. (c) Primary/noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herei n may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provisio n that such coverage shall also apply on a primary and non - contributory basis for the benefi t of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.
(d) City’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specification s or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and an y premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (e) Acceptable insurers. All insurance policies shall be issued by an insurance company currently aut horized by the Insurance C ommissioner to transact business of insurance or that is on the Li st of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise ap proved by the City’s Risk Manager.
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(f) Waiver of subrogation . All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive su brogation against City, it s elected or appointed officers, agents, officials, employees and volunteers or shall specifically all ow Consultant or others providing insurance evidence in compliance with these specif ications to waive their right of recovery pr ior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(g) Enforcement of contract p rovisions (non -estoppel). Consultant acknowledges and agrees that an y actual or alleged failure on the part of the City to inform Consultant of non -compliance with any re quirement imposes no additional obligations on the City nor does it waive any rights hereunder.
(h) Requirements not limiting . Requirements of specific co verage features or limits contained in this section are not intend ed as a limitation on cover age, limi ts or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not in tended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If t he Consultant maintains higher limits than t he minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Co nsultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. (i) Notice of cancel lation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10 ) day notice is required) or nonrenewal of c overage for each required coverage.
(j) Additional insured status . General liability policie s sha ll provide or be endorsed to pr ovide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such polic ies. This provision shall also apply to any excess/umbrella liability policies.
(k) Prohibition o f undisclosed coverage limitati ons. None of the coverages required herein will be in compliance with these requirem ents if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (l) Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom clai m is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (m) Pass through clause . Consult ant agrees to ensure that its subconsultants , subcontractors, and any other party involved with the project who is brought onto or invol ved in the project by Consu ltant, pr ovide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all s uch coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements 211
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of t his section. Consultant agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review. (n) Agency’s right to revise specifications . The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City and Con sultant may renegotiate Consultant’s compensation.
(o) Self-insured retentions . Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City.
(p) Timely notice of claims . Consultant sha ll give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve c overage under any of the required liability policies.
(q) Additional i nsurance. Consultant shall also procure and maintain, at its own c ost a nd expense, any additi onal kind s of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.

5.3 Indemnification.

To the full extent perm itted by law, Consultant agrees to indemnify , defend and hold harmless the City, its officers, employe es and agents ( “Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or pro perty, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, fi rm or entity arising out of or in connection with the negligent pe rformance of the work, operations or activities provided herein of Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Consultant is legally liable (“indemnitors”), or arising from Consultant’s or indemnitors’ reckless or w illful mi sconduct, or arising from Consultant’s or indemnitors’ negligent performance of or failure to perform any term, provision, coven ant or condition of this Agreement, and in connection therewith:
(a) Consultant will defend any action or actions filed in connectio n with any of said claims or liabilities and will pay all costs and expenses, includ ing legal costs and attorneys’ fees incurred in connection therewith;
(b) Consultant will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activ ities of Consultant hereunder; and Consultant agrees to save and h old the City, its officers, agents, and employees harmless therefrom;
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(c) In the event the City, its officers, agents or emp loyees is made a party to any action or proceeding filed or prosecuted against Consultant for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Consultant hereunder, Consultant agrees to pay to th e City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorn eys’ fees.

Consultant shall incorporate simi lar indemnity agreements w ith its subcontra ctors and if it fails to do so Consultant shall be fully responsible to inde mnify City hereunder therefore, and failure of City to monitor compliance with these provisions shall not be a waiver hereof. This indemnification includes claims or liabilities arising from any negligent or wrongful act, error o r omission, or reckless or willful m isconduct of Consultant in the performance of professional services hereunder. The provisions of this Section do not apply to cl aims or liabilities occurr ing as a result of City ’s sole negligence or willful acts or omiss ions, but, to the fullest e xtent permitted by law, shall apply to claims and liabilities resulting in part from City ’s negligence, except that design professionals’ indemnity hereunder shall be limited to claims and liabilities arising out of the negligenc e, recklessness or willful misconduc t of the design professional . The indemnity obligation shall be binding on successor s and assigns of Consultant and shall survive termination of this Agreement.

ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION

6.1 Records.

Consultant shall keep, and requ ire subco ntractors to keep, such ledgers , books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents rel ating to the disbursements charged to City and services performed hereunder (the “books and records”), as shall be necessary to perform the services required by this Agreement and enable the Project Manager to ev aluate the performance of such services. Any and all such documents sh all be maintained in accordance with generally accepted accounting principles and shall be co mplete and detailed. The Project Manager shall have full and free access to such books and records at all times during normal business ho urs of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services h ereunder, and the City shall have access to such records in the event any audit is required. In the event of dissolution of Consultant’s business, custody of the b ooks and records may be given to City, and access shall be provided by Consultant’s successor in interest. Notwithstanding the above, the Consultant shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act.

6.2 Reports.

Consultant shall pe riodically prepare and sub mit to the Project Manager such reports concerning the performance of the services required b y this Ag reement as the Project Manager shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Consultant 213
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agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially i ncrease or decrease the cost of the work or services contemplated herein or, if Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notify the Project Manager of said fact, circumstance, technique or event and the estimated increased or decrease d cost related thereto and , if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed.

6.3 Ownership of Documents.

All drawings, specifications, maps, designs, photographs, studies, surveys, d ata, notes, computer files, reports, records, documents and other materials (the “documents and materials”) prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Project Manager or upon the termination of this Agreement , and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by Ci ty of its full rights of ownership use, reus e, or assignment of the do cuments and materials hereunder. Any use, reuse or assignment of s uch c ompleted documents for other pr ojects and/or use of uncompleted documents without specific written authorization by the Consultant will be at the City’s sole r isk and without liability to Consultant, and Consultant’s guarantee and warranties shall not extend to such use, re use or assign ment. Consultant may retain copies of such documents for its own use. Consultant shall have the right to use the concepts embodi ed therein.

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

6.4 Confidentiality and Release of Information.
(a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose an y such information or work product to persons or entities other than City without prior writ ten authorization from the Project Manager.
(b) Consultant, its officers, employees, agents or subcontractors, shall no t, without prior written authorization from the Project Manager or unl ess requested by the City Attorney, voluntarily provide documents, declarations, letters of s upport, t estimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives City notice of such court order or subpoena. (c) If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or w ork product in violation o f this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct. 214
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(d) Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontract ors be served with any summons, comp laint, subpoena, notice of deposition, request for documents, interrogatories, reque st for admiss ions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION

7.1 California Law.

This Agreement s hall be interpreted, constr ued and g overned both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute , claim or matter arising out of or in relation to this 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 t o the personal jurisdiction of such court in the event of such act ion. In the event of litiga tion in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of San Bernardino, State of California.

7.2 Disputes; Default.

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

7.3 Retention of Funds.

Consultant hereby authorizes City to deduct from any amount payable to Consultant (whether or not arising o ut of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or whi ch are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third par ties, by reason of Consultant’s acts or omissions in performing or failing to perform Consultant’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear 215
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to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obli gations of the Consultant to insure, indemnify, and protect City as elsewhere provided herein.

7.4 Waiver.

Waiver by any par ty 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 an y provision of this Agreement.

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

7.5 Rights and Remedies are Cumulative.

Except with respect to rights and remedies ex pressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exerci se by either party of one or more of such ri ghts or remedies shall not preclude the exercise by it, at the same or different times, of a ny other rights or remedies for the same default or any other default by the other party.

7.6 Legal Action.

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

7.7 Liquidated Damages.

Since the determin ation of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Consultant and its sureties shall be liable for and sh all pay to the City the sum of Zero Dollars and Zero Cents ($0.00) as liquidated damages for each working day of delay in the performance of any service required hereunder. The City may withhold from any monies payable on account of services performed by the Consultant any accrued liquidated damages.

7.8 Termination Prior to Expiration of Term.

This Section shall govern any termination of this Contract except as specifically provided in the following Section for term ination for cause. The City reserves the right to term inate this 216
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Contract at any time, with or without cau se, upon thirty (30) days’ written notice to Consultant, except that where termination is due to the fault of the Consultant, the period of notice may be such shorter time as may be determined by the Project Manager . In addition, the Consultant reserves the right to ter minate this Contract at any time, wi th or without cause, upon sixty (60) days’ written notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Consultant may determine. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Project Manager. Except where the Consultant has initiated termination, the Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Project Manager thereafter in accordance with the Schedule of Compensation or such as may be approved by the Project Manager, ex cept as provided in Section 7.3. In the event the Consultant has initiated termination, the Consultant shall be entitled to compensation only for the reasonable val ue of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the term inating party need not provide the non -terminating party with the opportunity to cure pursuant to Section 7.2.

7.9 Termination for Default of Consultant.

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

7.10 Attorneys’ Fees.

If either party to this Agreement is required to initiate or defend or made a party to a ny action or proceeding in any way connected with this Agreement, the prevaili ng party in su ch action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonab le attorney’s fees. Attorney’s fees shall include atto rney’s fees on any appeal, and in addition a party e ntitled to attorney’s fees shall be entitled to al l other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment.

ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

8.1 Non-liability of City Officers and Employees.

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

Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any w ay hinder Consultant’s performance of services und er this Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such interest sh all be employed by it as a n officer, employee, agent or sub contractor without the express wr itten consent of the Project Manager . Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts o f interest with the interest s of City in the performance of this Agreement.

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

8.3 Covenant Against Discrimination.

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

8.4 Unauthorized Aliens.

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

ARTICLE 9. MISCELLANEOUS PROVISIONS

9.1 Notices.

Any notice, de mand, request, document, consent, approval, or commu nication eithe r party desires or is required to gi ve to the other party or any other person shall be in writing and either served personally or sent by prepaid, first -class mail, in the case of the City, to the City 218
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Manager and to the attention of the Project Manager (with her/his name and City title), City of Chino, 13220 Central Avenue, Chino, California 91710 and in the case of the Consultant, to the person(s) at the address de signated on the execution page of this Agreement. Either party may change its address by not ifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy -two (72) hours from the time of mailing if mailed as provided in this Section.

9.2 Interpretation.

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

9.3 Counterparts.

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

9.4 Integration; Amendment.

This Agreement including the attachments heret o is the entir e, co mplete and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting th is Agreement and this Agre ement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid u nless made in writing and approved by the Consultant and by the Ci ty Co uncil. The parties agree that t his requirement for written modifications cannot be waived and that any attempted waiver shall be void.

9.5 Severability.

In the eve nt that any one or more of the phrases, sentences, clauses, paragraphs, or sections containe d in this Agreement shall be declare d invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceabili ty shall not affect any of the remaining phrases, sentences, clauses, paragrap hs, or section s of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unl ess the invalid provision is so material that its inva lidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.

9.6 Warranty & Representation of Non-Collusion.

No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of C ity participat e in any decision relating to this A greement which may affect his/her financial interest or the financial interest of any corporation, p artnership, or association i n which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s) he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of 219
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“financial interest” shall be consistent with State law and shall not include i nterests found to be “remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5 . Consultant warrants and represents that it has no t paid or given, and will no t pay or give, to any thir d party including, but not limited to, any City offi cial, officer, or employee, any money, considerati on, or other thing of value as a result or consequence of obtaining or being awarded any agreement.

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

Consultant’s Authorized Initials _______

9.7 Corporate Authority.

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

CITY:

CITY OF CHINO, a municipal corporation

Linda Reich, City Manager
ATTEST:

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

ALESHIRE & WYNDER, LLP
_____________________________ _____________________________

Fred Galante, City Attorney Hye Jin Lee, PE, Director of Public Works

CONSULTANT:

BUTIER ENGINEERING, INC.

By:

Name:

Title:

By:

Name:

Title:

Address:

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

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

II. All wor k pr oduct is subject to review and acceptance by the City and must be revised by the Consultant without additional charge to the City unti l found satisfactory and accepted by City.
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EXHIBIT “A-1”
Pre-Construction / Project Control Services

1. Field Office Mobilization and Equipment
The CM/RE and Field Engineer will coordinate and oversee the setup, occupancy, and use of a field office prior to mobilization and during the post construction phase. Butier will provide all office furnishings and equipment including conference room table and chairs with minimum seating for 10 people.

2. Familiarity with the Work & Project Site
During the pre -construction phase, the Butier Team will perform a thorough review of the contract documents and evaluate current data and relevant reports as necessary. They will meet with the City, Hazen and Sawyer, and Contractor and become familiar with the contracting plan and Contractor interface and coordination requirements. The CM/RE and Field Inspection personnel will conduct field visits to the project areas and well sites and will review City - provided maps of the pipeline networks and available record drawings to become familiar with the groundwater wells and its relevant distribution systems.

3. Preconstruction Site Survey
The Butier Team will perform a thorough preconstruction site survey to depict the pre -existing conditions. The survey will include digital photographs and videos of the exterior of all structures and plant species located within 100 feet of the construction limits and near haul and access roads.

4. Contractor’s Preconstruction Video
The CM/RE will coordinate and review the construction contractor’s videotape of preconstruction site conditions prior to beginning construction operations to confirm existing conditions within the limits of work, in adjacent areas and along access and haul roads. Compare Contractor’s preconstruction survey to the surveys performed, note any discrepancies, and resolve issues.

5. Full and Responsible Charge of Project
The CM/RE will take full and responsible charge immediately following the NTP of the construction contract. He will assist the City in obtaining Contractor documentation. The Butier Team will evaluate the adequacy of the Contractor’s personnel, equipment, and methods; review the Contractor’s baseline schedule and schedule of values for compliance; and monitor and document the progress of the work.

6. Master Submittal List
The CM/RE will review the list of submittals supplied by Hazen and Sawyer and prepare a complete list of the required Contractor items. The CM/RE will provide the Master Submittal List to the Contractor at the preconstruction meeting and will distribute the schedule of submittals to the City within 10 days after recommended approval of the Contractor’s submittal.

7. Preconstruction Meetings
The Butier Team will schedule and facilitate a pre -construction meeting with the Contractor, City staff, Hazen and Sawyer, permitting agency representatives, and other key stakeholders. The project team will outline contract administration guidelines, contractual roles and responsibilities, project objectives, schedule of values, submittal items, correspondence, utility relocations, permit requirements, RFIs, progress payments, change orders, and safety. Meetings minutes will be distributed to attendees.

8. Monthly Project Invoicing
The CM/RE will provide monthly invoices with a breakdown of costs for each project in a form acceptable to the City that identify each person’s labor hours, billing rate, supporting detailed invoices for direct and subconsultant costs, detailed cost breakdowns, and written certification by 223
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the CM/RE that all charges are in conformance with the terms of the professional services contract. Written certification will be in sufficient detail to justify charges.

9. Safety Program
The CM/RE will assist the City with review of the Contractor’s safety manager’s resume and the work site specific safety and health program. He will cooperate with the Contractor’s safety program and provide Butier personnel with safety equipment that conforms to safety programs while on the job site.

10. Site Coordination
The CM/RE and Lead QA Inspector will review and train Butier field personnel on site access, traffic control, and other site coordination issues. They will coordinate with other contractors and others working on or near the project site.

11. Environmental Training
The CM/RE and Ninyo & Moore’s QSP manager will review and train field personnel on environmental requirements of the project and coordinate training with City staff.

Correspondence & Reports
The CM/RE and Field Engineer will prepare project correspondence and other forms of communication in accordance with City document standards. Project related telephone conversations will be committed to writing. E -mail communications will be saved within the document control system. E -mail communication to the construction contractors will be limited to non-directive, non-decision-making issues.

Meetings and Notice Procedures
The CM/RE and Field Engineer will establish meeting schedules, notices, agendas, minutes taking, distribution procedures, reporting procedures, documentation requirements, and timely acceptance processes in accordance with City standard practices.

1. Weekly Construction Progress Meetings
The CM/RE will facilitate weekly progress meetings with the City and the Contractor. The Field Engineer will prepare and distribute an agenda and meeting minutes utilizing templates approved by the City. Each meeting will discuss the schedule, near -term activities, change orders, submittals and RFIs, site safety, job problems, and actions requiring clarification of design intent, ambiguities in contract documents, and other key issues. Action monitoring will be implemented to ensure compliance and timely response by all parties.

2. Monthly Project Report Meeting
The CM/RE will meet with the City to discuss the monthly project report. The Field Engineer will document the meetings and action items will be identified for the City.

3. Consultant Team Coordination & Other Meetings
The CM/RE will schedule and facilitate weekly CM coordination meetings to resolve issues relating to the management of the project. The Field Engineer will document the meetings and record action items assigned to CM team members, which may include the City and Butier staff.

Shop Drawings and Submittal Reviews

1. Master Submittal List
The Butier Team will be responsible for coordinating the submittals with the project’s Master Submittal List, reviewing the Master Submittal List with the Contractor, and developing a schedule for the delivery of the submittal items. This will ensure that submittals are delivered on time and there are no delays in construction.

2. Submittal Reviews / Submittal Log & Status
The Butier Team will log, track, and monitor shop drawings, calculations, data samples, submittals, and manuals from the Contractor. Submittal tracking will be introduced into Procore and status of submittals will be known at all times. The CM/ RE will review the completeness 224
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and quantity of all submittals received during the construction phase and transmit to City staffing for review and approval.

The CM/RE will coordinate required reviews of submittals with Hazen and Sawyer, City staff, and other appropriate stakeholders. The City’s Program Manager will have access to all reviewed submittals through Procore.

3. Schedule Reviews
The Senior Scheduler will evaluate and monitor the Contractors’ Baseline Schedules, weekly look-ahead schedules, monthly schedule updates, Time Impact Analyses, schedule revisions, and as-built schedule submittals. The Senior Scheduler will update the overall project schedules to reflect actual progress and changes. Slippage of any contract activities on the critical path will be identified early so that the Team may take corrective action.

4. Field Copies and Originals
The Field Engineer will notify the City’s Program Manager of all reviewed and stamped submittals via e-mails, provide access to the City’s Program Manager to all reviewed submittals through Procore, and maintain a field office set of submittals.

Plan and Specification Interpretation/Control

1. Inspection of the Work
Butier’s Lead QA Inspector will ensure that the Contractor’s work complies with the contract documents, industry standards, codes, environmental and local regulations, and permits.

2. Requests for Information
The CM/RE will coordinate the Requests for Information log and review and respond to Contractor RFIs. Make every effort to review and provide appropriate response to RFIs prior to involving the Design Engineer. Distribute RFIs to appropriate staff and coordinate timely response. Review answers and prepare formal response to Contractor within five calendar days of receipt of response.

3. Requests for Changes in Design
The CM/RE will review and respond to Contractor requests for design revisions. Responses will require prior written approval from the City and Hazen and Sawyer. If revisions in design take the form of value engineering, the Butier Team will research, evaluate, and provide recommendation.

4. Value Engineering Proposals
The CM/RE will assist in evaluating value engineering proposals submitted by the Contractor.

5. Record Drawings and Specifications
The CM/RE will provide the City with a set of record drawings and specifications with redline markups by the Contractor that accurately illustrate constructed facilities at the end of construction. He will review the Contractor’s record drawings monthly to ensure timely recording; ensure the City’s record drawings identify RFIs, shop drawing revisions, change order modifications, etc. and that they are updated weekly; and will coordinate the submittal of completed record drawings to the City’ s Program Manager. In addition, the CM/ RE will hold monthly record drawing review meetings with the City’s Program Manager and the Contractor prior to submittal of monthly progress payments. Butier will utilize Bluebeam.

CM Administration & Staffing

1. Daily Management
The CM/RE will be responsible for overseeing, performing, and coordinating all construction management daily activities. He will be supported by Butier’s Lead QA Inspector, Field Engineer, and QA/QC Team, and team member firms ON -SITE Technical Services, Ninyo & Moore, and Hillwig-Goodrow. The Butier Team will provide pre -construction, construction, and post-construction phase services as outlined in the RFP.

2. Resolution of Day-to-Day Construction Issues
The CM/RE will lead resolution of day -to-day construction issues and will coordinate with the 225
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City, Hazen and Sawyer, and Contractor(s) on technical issues and concerns, as well as interpretation of the design documents. The CM/RE will interface with Hazen and Sawyer for resolution of technical issues, processing of change order requests or design changes to accommodate actual field conditions encountered.

Environmental Control

1. Project Management and Coordination
Butier has selected Ninyo & Moore to provide environmental control services. They will perform the following services and coordinate activities with Butier’s CM/RE, the City, and the Contractors over the duration of the projects:
• Ensure the Contractors comply with environmental permitting, including NPDES and General Permit for Storm Water Discharges Associated with Construction Activity. • Provide project information to the City’s environmental support Consultant for SWPPP preparation.
• Refer environmental/permitting issues immediately to the CM/RE and the City and assist the City and its Consultants with resolution of these issues as needed.

2. Compliance and Mitigation
Ninyo & Moore will provide QSP certified personnel for monitoring of compliance by Contractors with the General Permit. These activities are described below. • Provide support for obtaining required permits or variances from the County of Riverside or San Bernardino. • Weekly inspections will include photographs of best management practices (BMPs), recommendations for additional BMPs, or necessary maintenance of BMPs. • Estimate QSP site visits will be needed no more than once a week for the duration of the projects assumed to be 18 months for WA212 and 12 months for WA214. • The QSP will conduct pre -storm, extended storm, post -storm, and stored storm water inspections during qualifying rain events. A total of nine rain events for WA212 and six rain events are assumed for WA214.
• Effluent sampling of discharges may be required during rain events. Based on the results, necessary evaluations, modifications, and notifications will be made to the City.

3. Environmental Training
Attend environmental training sessions at the project site. Coordinate attendance of on -site personnel for the pre-construction and subsequent environmental training program. Coordinate environmental training attendance of the Contractors’ new workers.

Progress Payments & Cost Monitoring

1. Labor Compliance
Butier’s CM/RE will ensure conformance with federal and state grant requirements.

Responsibilities will include ensuring that the Contractors submit the proper documentation, proper fringes are paid in accordance with the breakdown, and the required wages are being paid according to grant requirements. LCP Tracker or an equivalent software will be utilized to perform Labor Compliance tasks.

2. Monthly Review
Butier will review and track the Contractor’s payment requests and other project -related invoices monthly. The progress payment worksheet will be based on an approved schedule of values and validated by daily inspection reports. Pay requests will be checked against actual in -place quantities verified at the end of the pay period.

Change Order & Claims Management

1. Change Order Management
The CM/RE will communicate effectively with the Contractor to mitigate any potential 226
01225.0001/863604.2 A1-5
cost/schedule impacts. We strive to minimize impacts by providing proactive alternatives to construction sequencing, constructability issues, approach, or value engineering. We keep the best interests of the Owner in the forefront of our approach. The CM/RE will constantly monitor and advise on potential risks and provide alternative approaches.

2. Claims Management
The Butier Team will review Contractor claims and claims for damages by private parties.

They will review documentation and compile records for evaluation. The CM/RE will prepare a written acknowledgement of receipt of the claim. This correspondence clarifies the status of the request for all parties to minimize misunderstandings. To supplement the technical and contractual evaluation of the claim, the CM/RE will work closely with City staff to assess the risk of exposure and to determine an appropriate response to the claim.

Construction Management Reports

1. Monthly Project Reporting
Butier can tailor monthly reports to any project based on the scope of work and need. The CM /RE will prepare monthly written status reports and submit to the City by the 5th of each month. The report will summarize the prior month’s major accomplishments and current construction activities to justify the invoice.

O&M Manuals and Warranty Expiration

1. Compile and Submit O&M Manuals
The CM/RE will compile and submit operation and maintenance manuals, instruction manuals, parts lists, spare parts, and warranties for equipment procured. The CM/RE will collect relevant data and information from the Contractor and material/equipment supplies and assist the Design Engineer in developing a comprehensive O&M Manual.

2. Major Equipment Warranty Expiration Record
The CM/RE will prepare a spreadsheet for major equipment, such as pump, valve and motorized valve operator, etc., that will include Product Name, Manufacturer, Serial Numbers, Warranty Period, and Warranty Expiration Date. The electronic spreadsheet will be provided to the City’s Program Manager.

Startup, Closeout and Acceptance

1. Pre-Operational Testing Plan
Butier’s CM/RE and ON -SITE-Technical Services will review and comment on the Contractor- provided pre -operational testing plan and obtain written approval from the City. They will coordinate the testing of the equipment and facilities with the City, and assist City personnel during the startup phase, including all pressure testing and disinfection.

2. Punch List
The Butier Team will prepare detailed project punch lists at substantial completion. Upon correction, they will conduct a final walk-through prior to the acceptance of work with the City, and other parties, and provide certification of the Contractor’s compliance on work items requested by the City. The Team will verify that work, testing, cleanup, and Contractor demobilization are complete.

3. Operator Training
Coordinate operator training in the use of any specialty equipment and of the facilities. Schedule training with City staff and other parties 30 calendar days in advance of startup of the facilities or equipment.

4. Electrical and Instrumentation Startup
Butier and ON -SITE Technical Services personnel will coordinate the installation, inspection, and testing of all electrical and instrumentation equipment with the City and other parties. They will confirm the Contractor’s performance of electrical/instrumentation system checks to ensure 227
01225.0001/863604.2 A1-6
system follows requirements of the contract documents. Coordinate electrical system equipment startup and training with the Contractor and supplier representatives.

5. Final Walk-Through
The CM/RE will schedule, coordinate, and conduct a pre -final walk-through and project review prior to the acceptance of work with the City and other staff as directed by the City’s Program Manager. Submit electronic copies of a report to document the walk-through and project review.

Butier adds items to the punch list in Procore as the project progresses to ensure nothing is missed. If it is addressed, we take it off. Upon correction of deficiencies by the Contractor, the Lead QA Inspector will schedule, coordinate, and conduct a final walkthrough prior to the acceptance of work.

6. Final Change Orders
The Butier Team will prepare final change orders as required. Classify and summarize the change orders and include in the Final Construction Summary Report.

7. Certify Compliance
Provide certification of Contractor compliance on work items specifically requested by the City and verify that all work, testing, cleanup, and demobilization are complete.

8. Recommend Acceptance
The CM/RE will provide a letter to the City Program Manager recommending acceptance of the project and the Notice of Completion and submit to the City Program Manager for review 45 days prior to Board action.

9. Closing Out Contracts
The CM/RE will take the lead in negotiating and closing out the construction contract. The CM/RE will prepare the memorandum to the Board recommending acceptance of the project and the Notice of Completion.

Post Construction

1. Internal Notice of Completion
The CM/RE will prepare an Internal Notice of Completion to the City Program Manager.

2. O&M Materials
The Butier Team will deliver the following to the City Program Manager: O&M Manuals; the City approved Major Equipment Warranty Expiration Record spreadsheet; and spare parts, equipment, and maintenance materials upon Board acceptance.

3. Demobilization of Field Offices
The Butier Team will remove all furnished materials and furniture at the end of the construction contract. Provide local office facilities to perform administrative project close out duties once the field offices have been demobilized, including preparation of final record drawings.

4. Final Payment
The CM/RE will track stop notices until releases are obtained from all outstanding stop notices.

Recommend final payment in the form of release of retention to the Contractor in accordance with contract requirements. Verify that the Contractor has made all payments to the subcontractors and vendors and that any stop notices or liens have been released. Verify final documentation has been received and obtain a Conditional Waiver of Lien from the Contractor prior to recommending final payment.

5. Final Construction Summary Report
The CM/RE will prepare a final construction summary report and submit no later than 60 calendar days following the Notice of Completion or resolution of outstanding construction issues. The report will include the project history and overview of the contracts; agreements made by the City; issues encountered/resolutions; summary of major changes; project costs and cash flows; analysis of schedule performance; progress photographs and videos; lessons learned. 228
01225.0001/863604.2 A1-7
Final Documentation Delivery

1. Paper & Electronic Files
The CM/RE will furnish project documents and final reports to the City 60 calendar days following the Notice of Completion. All original documents will be delivered to Program Manager with documents labeled with City file numbers. All project electronic files in Procore and related program files will be provided to the City’s Program Manager on external hard drives (2 copies) labeled with the project name.

2. Final Record Drawings
Butier will maintain a comprehensive and accurate set of as-built drawings throughout construction. At the conclusion of the project, we will consolidate all changes into a single red line utilizing Bluebeam software and submit to Hazen and Sawyer. Butier’s PM will coordinate the submittal of completed as-built drawings to the City’s Program Manager.

Quality Assurance Inspection Services

1. Inspection of the Work
Butier will provide full time technical inspection to ensure that materials and workmanship follow the contract documents. Butier’s experienced inspection staff can provide nearly all the necessary special inspection support . ON -SITE Technical Services will perform mechanical, startup, and in-plant inspection services. Field Inspectors will coordinate delivery, inspect for defects or missing parts, and oversee recording the receipt and storage of equipment. They will inspect construction activities according to the work schedule identified in the contract documents.

2. Daily Reports
The Lead QA Inspector will prepare daily reports of the construction activities, including weather conditions, underground conditions, contractor’s equipment and manpower, work performed, materials used, site visitors, delays in work, and deficiencies. Daily reports will be filed in the project files within 24 hours of the report date.

3. Progress and Other Photos
The Lead QA Inspector will provide weekly photographic/ digital records during construction.

Log construction digital photographs daily. A digital photographic library will be maintained of significant construction activities. The photographs will be labeled with the date, location, and narrative information. Additional digital photographs will be taken of change order and claim items and any special or unique conditions as they arise . The photographs will be accessible to the City Program Manager via Procore.

4. Progress and Other Videos
The Lead QA Inspector will take and maintain video documentation of the progress of the work on the entire project including adjacent areas . He will label video spine and video cover with project name, specification number, description of video content, and date range.

5. Revisions to Contractor’s Methods
Field Inspectors will discuss appropriate revisions to the methods and procedures used in performing the work; however, they will not authorize extra work or approve of work that deviates from the contract documents.

6. Deviations in the Work
The Lead QA Inspector will prepare daily reports of deviations and non -conformance to specifications and provide responses in accordance with the specification requirements. He will advise the Contractor of deviations, document, record deviations that are not corrected, and deliver a Notice of Noncompliance to the Contractor. Perform necessary follow -up to resolve Notices of Non-Compliance.

7. Facility and Pipeline Shutdowns
229
01225.0001/863604.2 A1-8
The project includes several tie -ins to existing facilities. It is essential that shutdowns are planned in advance, scheduled, and executed to minimize disruption. The CM/RE will review the Contractor’s schedule to ensure proper notice is given to the City for shutdowns and any other work that may interfere with operations. The Lead QA Inspector will coordinate lockout / tagout procedures with City staff and the Contractor.

Geotechnical Engineering, Material Testing, and On -Site Sampling of Materials
Butier has selected Ninyo & Moore to perform the following services for geotechnical engineering, material testing, and on-site sampling of materials:
• Project coordination, management, and technical support including review of project geotechnical reports, plans and specs, work scheduling and distribution of test data. • Review and process submittals for materials, aggregate, concrete, and geotechnical and construction materials.
• Field Project Engineer/Geologist services observe remedial excavation bottoms and foundation excavations. Supplemental written recommendations can be provided. • Field Technician services to provide observation, sampling and testing during site grading, building pad preparation, trench backfill, subgrade preparation, aggregate base placement and during asphalt concrete pavement operations.
• Field ACI Technician to provide observation, sampling and testing during concrete and grout placement including checking mix design, elapsed time, temperature, slump and casting a set of cylinders for each batch.
• Field Technician (with equipment) services for load and/or torque testing of post installed anchors and stone veneer.
• Laboratory testing including proctor density of soil, sieve analysis, sand equivalent, Hveem stability and unit weight, AC extraction including gradation, and compressive strength testing of masonry grout and mortar, and concrete samples obtained in the field. • Preparation of daily reports and test data sheets to document the items inspected. • Review excavation system protection plans for trench and structures submittals and provide written recommendations regarding contractors’ application of the plans throughout construction operations.
• Preparation of a Final Compaction Report for project close-out records.

Welding Inspection
In addition to Butier’s certified welding inspectors (CWI), Ninyo & Moore will provide personnel that are qualified for NDT II to perform nondestructive testing. Inspectors will provide welding inspection services and ultrasonic and radiographic testing as required. Provide 100 percent visual weld examination of all lap-welded field joints that are welded in place. Provide 100 percent visual and ultrasonic or radiographic inspection weld examination for butt -welded field joints that are welded in place. Provide 100 percent visual and radiographic weld examination through pipelines of butt -welded field joints. Provide periodic ultrasonic weld examination of other butt -welded or lap-welded joints as requested. All butt -welded joints to be radio graphed will be examined in accordance with AWS standards.

Ninyo & Moore’s Field Welding Special Inspector will perform services during welding and bolting onsite, as well as non -destructive examination of welds according to the construction documents. They will prepare logs and a final report of field weld tested joints.

Construction Surveying
Butier has selected Hillwig-Goodrow to perform the following construction surveying services:

Conduct construction survey control and spot check the accuracy of Contractor surveys, staking, elevations, reference marks, grade stakes, alignment stakes, monuments, curb stakes, street repairs, and existing utility crossing.
• Conduct field surveys, boundary analyses, and prepare project layout maps to prepare Records 230
01225.0001/863604.2 A1-9
of Survey for City right-of-way parcels.
• Prepare and file pre -construction and post -construction Records of Survey with the respective County Surveyors.

Grant Support
Butier will provide grant support, as necessary, to the City including, but not limited to, participating in meetings and field inspections by grant agencies, coordinating with labor compliance specialist for contractor payment processing, and providing the Program Manager with construction updates and photos, as necessary for grant reports.

Extended Services
Butier will provide other miscellaneous specialty services outlined in the RFP as required during construction. As stated previously, Butier’s Team of highly skilled professionals consists of professional engineers (civil, structural, electrical) and certified construction managers. Our core team will be supplemented by as -needed technical resources provided by our team member firms, including ON-SITE Technical Services (mechanical, startup/commissioning, and in -plant inspection) and Ninyo & Moore (geotechnical engineering, noise monitoring, and air quality monitoring).

1. Noise Monitoring
Ninyo & Moore will provide noise monitoring services as needed, during the demolition, excavation, grading, and site preparation phases of the project. Ninyo & Moore will review the Noise Mitigation Plan developed by the Contractor for all phases of operations to ensure compliance with local requirements, including the City’s municipal code’s permitted construction hours. Instruments such as Extech direct reading digital sound level meters or equivalent instruments equipped with data loggers will be used to monitor for noise levels.

2. Air Quality Monitoring
Ninyo & Moore’s SCAQMD trained and certified staff will provide air quality monitoring and documentation services to ensure mitigation measures are implemented during demolition, excavation, grading, and site preparation phases of the project. They will monitor the construction areas for proper implementation of mitigation measures including watering active construction areas to keep dust down, covering of soil stockpiles to prevent offsite migration of soils by wind and water, as well as proper housekeeping measures, including periodic street - sweeping to prevent tracking of soil offsite along haul routes. 231
01225.0001/863604.2 B-1
EXHIBIT “B”

SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)

232
01225.0001/863604.2 C-1
EXHIBIT “C”

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

II. Within the budgeted amounts for each Task, and with the approva l of th e Project Manager, funds may be shifted from one Task subbudget to another so long as the Contract Sum i s not exceeded per Section 2.1, unless Additional Services are approved per Section 1.10.

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

IV. The total compe nsation for the Services shall not exceed the Contract Sum, as provided in Section 2.1 of this Agreement.
233
01225.0001/863604.2 C1-1
EXHIBIT “C-1”
Butier Engineering, Inc. –
Estimated Level of Effort WA212 State Street CM
Support & Special inspection Services – City of
Chino
Senior
CM/RE
Lead
QA/QC
Inspection
Civil
Inspection
(WA212)
Field
Engineer/Asst.

CM
Senior
Scheduler
Electrical
Inspection &
Startup
Totals
Rate $ 240.00 $ 180.00 $ 165.00 $ 175.00 $ 225.00 $ 225.00 Pre-Construction/Project Control Services
1 Field Office Mobilization 8 32 12
2 Familiarity with the Work Site 24 24 12 16
3 Pre-Construction Site Survey 16 8
4 Pre-Construction Site Video 8
5 Full and Responsible Charge (Included
in Daily Management)
8 6 Master Submittal List 8
7 Pre-Construction Meeting 8 8 12
8 Monthly Invoicing 144 80
9 Safety Program (Included in Daily
Management)

10 Site Coordination (Included in Daily
Management)

11 Environmental Training (Reference
N&M Scope)

Correspondence & Reports
1 QA/QC Plan 8 24 8
2 Communications Manual 8
Meeting & Notice Procedures
1 Weekly Construction Progress Meetings 130 180 0 152
2 Monthly Project Report Meeting 60 60
3 Consultant Team Meeting 60 60
Shop Drawing and Submittal Reviews
1 Master Submittal List 80 24
2 Submittal Reviews and Logs 160 100
3 Schedule Reviews 100
4 Field Copies Submittals (Included in
Submittal Reviews)

Plan and Specification Review
1 Inspection of the Work 1450 180
2 RFI’s 80 90
3 Requests in Changes for Design
4 Value Engineering Proposals
5 Record Drawings 72 72
CM Administration & Staffing
1 Daily Management 350 200 4
2 Resolution of Day-to-Day Construction
Issues

Environmental Control
1 Project Management and Coordination
(Reference N&M Scope)

16 2 Compliance and Mitigation (Reference
N&M Scope)
50 3 Environmental Training (Reference
N&M Scope)
144
234
01225.0001/863604.2 C1-2

Butier Engineering, Inc. –
Estimated Level of Effort WA212 State Street CM
Support & Special inspection Services – City of Chino
Senior
CM/RE
Lead
QA/QC
Inspection
Civil
Inspection
(WA212)
Field
Engineer/Asst.

CM
Senior
Scheduler
Electrical
Inspection
& Startup
Totals
Rate $ 240.00 $ 180.00 $ 165.00 $ 175.00 $ 225.00 $ 225.00 Progress Payments and Cost Monitoring
1 Labor Compliance 180
2 Monthly Review 84
Change Order and Claims Management
1 Change Management
2 Claims Management
3 Monthly Project Reporting 84 84
O&M Manuals and Warranty
1 Compile and Submit 30
2 Major Equipment Warranty 24
Startup, Closeout and Acceptance
1 Pre-Operational Testing Plan 24 20
2 Punch List 20 40
3 Operator Training 20
4 Electrical and Instrumentation Startup 20
5 Final Walk Through 10 12 24
6 Final Change Orders 16 20 40
7 Certify Compliance
8 Recommend Acceptance
9 Close Out Contract
Post Construction
1 Internal; Notice of Completion 8
2 O&M Materials 8 12
3 Demobilization of Field Office 8 16
4 Final Payment 8 16
5 Final Construction Summary 8 16
Final Project Documentation
1 Contract Deliverables 12 12 16
2 Electronic Files
3 Final Record Drawings 20 24
Geotechnical/Materials Testing/On-site Sampling
1 See Ninyo & Moore’s Scope of Work
Construction Surveying
1 See Hillwig-Goodrow’s Scope of Work

TOTAL HOURS 1206 1898 0 1536 248 398

Construction Management Inspection and Startup
Cost
$289,440.00 $341,640.00 $ - $268,800.00 $55,800.00 $89,550.00 $1,045,230.00 Geotech/Materials/Sampling/NDT/Environmental (See Ninyo & Moore’s Attached SOW) $231,782.00 Construction Surveying (See Hillwig-Goodrow’s attached SOW) $50,000.00

TOTAL COSTS $1,327,012.00
235
01225.0001/863604.2 C1-3

Butier Engineering, Inc. –
Estimated Level of Effort WA214 Well 17
Equipping CM Support & Special inspection
Services – City of Chino
Senior
CM/RE
Lead
QA/QC
Inspection
Civil
Inspection
(WA212)
Field
Engineer/Asst.

CM
Senior
Scheduler
Electrical
Inspection &
Startup
Totals
Rate $ 240.00 $ 180.00 $ 165.00 $ 175.00 $ 225.00 $ 225.00 Pre-Construction/Project Control Services
1 Field Office Mobilization 4 16 12
2 Familiarity with the Work Site 12 12 12 8
3 Pre-Construction Site Survey 8 8
4 Pre-Construction Site Video 8
5 Full and Responsible Charge (Included
in Daily Management)
8 6 Master Submittal List 8
7 Pre-Construction Meeting 8 8 8
8 Monthly Invoicing 32 32
9 Safety Program (Included in Daily
Management)

10 Site Coordination (Included in Daily
Management)

11 Environmental Training (Reference
N&M Scope)

Correspondence & Reports
1 QA/QC Plan 4 12 8
2 Communications Manual 8
Meeting & Notice Procedures
1 Weekly Construction Progress Meetings 64 64 100
2 Monthly Project Report Meeting 40 30
3 Consultant Team Meeting 30 30
Shop Drawing and Submittal Reviews
1 Master Submittal List 85 24
2 Submittal Reviews and Logs 180 50
3 Schedule Reviews 94
4 Field Copies Submittals (Included in
Submittal Reviews)

Plan and Specification Review
1 Inspection of the Work 1000 80
2 RFI’s 90 90
3 Requests in Changes for Design
4 Value Engineering Proposals
5 Record Drawings 40 20
CM Administration & Staffing
1 Daily Management 375 225 2
2 Resolution of Day-to-Day Construction
Issues

Environmental Control
1 Project Management and Coordination
(Reference N&M Scope)
8 2 Compliance and Mitigation (Reference
N&M Scope)
50 3 Environmental Training (Reference
N&M Scope)
50 236
01225.0001/863604.2 C1-4
Butier Engineering, Inc. –
Estimated Level of Effort WA212 State Street CM
Support & Special inspection Services – City of Chino
Senior
CM/RE
Lead
QA/QC
Inspection
Civil
Inspection
(WA212)
Field
Engineer/Asst.

CM
Senior
Scheduler
Electrical
Inspection
& Startup
Totals
Rate $ 240.00 $ 180.00 $ 165.00 $ 175.00 $ 225.00 $ 225.00 Progress Payments and Cost Monitoring
1 Labor Compliance 64
2 Monthly Review 64
Change Order and Claims Management
1 Change Management
2 Claims Management
3 Monthly Project Reporting 84 84
O&M Manuals and Warranty
1 Compile and Submit 40
2 Major Equipment Warranty 24
Startup, Closeout and Acceptance
1 Pre-Operational Testing Plan 12 10
2 Punch List 20 20
3 Operator Training 16
4 Electrical and Instrumentation Startup 10
5 Final Walk Through 16 12 12
6 Final Change Orders 24 20 20
7 Certify Compliance
8 Recommend Acceptance
9 Close Out Contract
Post Construction
1 Internal; Notice of Completion 8
2 O&M Materials 8 12
3 Demobilization of Field Office 4 8
4 Final Payment 8 8
5 Final Construction Summary 8 8
Final Project Documentation
1 Contract Deliverables 12 12 16
2 Electronic Files
3 Final Record Drawings 20 24
Geotechnical/Materials Testing/On-site Sampling
1 See Ninyo & Moore’s Scope of Work
Construction Surveying
1 See Hillwig-Goodrow’s Scope of Work

TOTAL HOURS 980 1248 0 1165 146 226

Construction Management Inspection and Startup
Cost
$235,200.00 $224,640.00 $ - $203,875.00 $32,850.00 $50,850.00 $747,415.00 Geotech/Materials/Sampling/NDT/Environmental (See Ninyo & Moore’s Attached SOW) $72,624.00 Construction Surveying (See Hillwig-Goodrow’s attached SOW) $25,307.00

TOTAL COSTS: $845,346.00
GRAND TOTAL:

$2,172,358.00
237
01225.0001/863604.2 D-1
EXHIBIT “D”

SCHEDULE OF PERFORMANCE
I. Consultant shall perform all services timely in accordance with the fol lowing schedule:
*Finalized deadline dates will be contingent upon actualized pr oject schedules, which shall be approved by the Project Managers. Consultant will coordinate with City and Project Staff to ensure timely completion of services and adherence to approved task schedules.

II. The Project M anager may approve e xtensions for performance of the s ervices in accordance with Section 3.2.
238

MEMORANDUM

CITY OF CHINO

PUBLIC WORKS DEPARTMENT

CITY COUNCIL MEETING DATE: APRIL 2, 2024

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

SUBJECT
..titl e
Construction Credit/Reimbursement Agreement with Chino Development Corporation, a California Corporation, and Chino Preserve Development Corporation, a California Corporation for the Construction of Water Source, Storage, and Distribution Improvements at Various Locations in The Preserve.
..end

RECOMMENDATION
1) A dopt Resolution 2024 -009 memo rializing Chino Development Corporation, a California corporation rights to the highest priority reimbursement from the Preserve Water Source, Storage, and Distribution Development Impact Fee Fund (Fund 261); 2) approve a construction credit/reimbursement agreement with Chino Development Corporation, a California corporation and Chino Preserve Development Corporation, a California corporation for an amount not to exceed $28,753,683.02 for the construction of water source, storage, and distribution improvements at various locations in The Preserve; and 3) authorize the City Manager to execute all the necessary documents on behalf of the City. ..body

FISCAL IMPACT
Staff will continue to monitor the fund balance in The Preserve Water Source, Storage, and Distribution Development Impact Fee program and will make progress payments to the developer (when funds are available) until the terms of the agreement are fulfilled. Each progress payment requires an appropriation of funds and, therefore, each payment w ill be brought back to the City Council for approval.

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
 Financial Stability

Revenue: Click or tap here to enter text.

Expenditure: 5207300-43640
Transfer In: 5201000-50000 Transfer Out: 2611000-40001 239
CITY COUNCIL MEETING DATE: APRIL 2, 2024
TITLE: CONSTRUCTION CREDIT/REIMBURSEMENT AGREEMENT WITH CHINO

DEVELOPMENT CORPORATION, A CALIFORNIA CORPORATION, AND CHINO PRESERVE

DEVELOPMENT CORPORATION, A CALIFORNIA CORPORATION FOR THE

CONSTRUCTION OF WATER SOURCE, STORAGE, AND DISTRIBUTION IMPROVEMENTS AT VARIOUS LOCATIONS IN THE PRESERVE.

PAGE: 2

BACKGROUND
In 2004, the City of Chino (“City”) entered into a Development Agreement (“DA”) with three entities of the Lewis Management Corporation known as Chino Development Corporation, Chino Preserve Development Corporation, and Chino Holding Company, LLC (collecti vely referred to as “Lewis”). The DA was entered into to help guide the orderly development of The Preserve, which was envisioned as a master -planned residential and commercial community.

Additionally, the DA set the terms and conditions of development on property owned by Lewis and established the rights and obligations of the developer and the City during development.

The Preserve DA, as amended and restated on July 21, 2023, in conjunction with the conditions of approval for Tracts 16419, 16419 -1, 16420 , 16420 -1, 16797, 17057, 17571, 17572, and 19994, requires Lewis to design and construct various master -planned water source, storage, and distribution improvements as a condition to the development of The Preserve. Major projects completed by Lewis from 2004 to 2019, include the Eastside Water Treatment Facility (“EWTF”) Phase I and Phase II, several drinking water wells and appurtenances, and various potable and recycled water lines (collectively referred to as “Wat er Improvements”) as shown in Exhibits A & B.

The Water Improvements are included in the City’s Water Source, Storage, and Distribution Development Impact Fee (“DIF”) programs for the General City and The Preserve. The City’s Municipal Code, Chapters 3.40 and 3.45, titled Development Impact Fees, provides that if, as a condition of approval of a development project, a developer constructs a public facility identified in the DIF Nexus and Calculation Report, for which a DIF is imposed, Developer shall be eligible to receive reimbursement and or fee credit toward the DIFs imposed on the development project for the same type of public facility so constructed and shall be entitled to credit for eligible costs of constructing the public facilities.

It should be noted that it was not until 2019 that the City adopted a Policy and updated the DIF Ordinance to include provisions for public bidding and construction for DIF-eligible projects. As a result, development projects (post 2019) are conditioned to enter into a n agreement with the City (as applicable) for DIF credit and reimbursement prior to building permit issuance.

Developers are also implementing the City’s Policy for Bidding Public Projects. This has been working out well and the developers are able to foll ow the City’s process from final engineering through final acceptance. Staff’s ability to reconcile at the end of the project has become increasingly more efficient and simplified because the work is completed upfront.

All water DIF facilities constructed prior to 2019 are being retroactively reconciled.

Consequently, Lewis submitted to the City the backup documentation for all the costs associated with the construction of the Water Improvements. The costs are summarized in Exhibit 1 of the attached Constr uction Credit & Reimbursement Agreement (“Agreement”). The City worked with Lewis on the water DIF reimbursement package to ensure that the information that was being presented was clear and concise. The City created and provided a comprehensive checklist for Lewis to use to help show the costs more effectively.

Lewis has completed all work required in connection with the design and construction of the Water Improvements according to the specifications of the City and under the inspection and to the satisfaction of the Director of Public Works. The Director of Public Works reviewed the final accepted/approved "as -built" plans, specifications and supporting documentation and 240
CITY COUNCIL MEETING DATE: APRIL 2, 2024
TITLE: CONSTRUCTION CREDIT/REIMBURSEMENT AGREEMENT WITH CHINO

DEVELOPMENT CORPORATION, A CALIFORNIA CORPORATION, AND CHINO PRESERVE

DEVELOPMENT CORPORATION, A CALIFORNIA CORPORATION FOR THE

CONSTRUCTION OF WATER SOURCE, STORAGE, AND DISTRIBUTION IMPROVEMENTS AT VARIOUS LOCATIONS IN THE PRESERVE.

PAGE: 3

determined that $ 26,578,869.28 is eligible for DIF credit and/or reimbursement. Addi tionally, Lewis purchased Water DIF credit from Watson Land Company per the terms of Credit/Reimbursement Agreement for the Phase 2 EWTF in the amount of $2,174,813.74 thereby bringing the total available credits/ reimbursements to $28,753,683.02.

Upon the costs being validated by the City, staff reconciled the Water DIF credits issued to all Lewis developments through September 30, 2023, totaling $ 26,449,219.80, which is summarized in Exhibit 2 of the Agreement. The credits issued were deducted from the validated costs above, bringing a balance forward still owed to the developer in the amount of $2,304,463.22. This amount may be applied to future building permits and/or may be reimbursed depending on available fund balances.

ISSUES/ANALYSIS
In January 2024, staff brought an informational item to the Infrastructure Streets Committee (“Committee”) to briefly discuss the Water Improvements constructed by Lewis, the costs associated, and the DIF credits issued over the last 20 years. This was necessary due to the size of Lewis’s submittal and to better explain the nuances associated with staff’s review of the backup documentation provided by the developer.

Additionally, staff conveyed to the Committee that Lewis would be utilizing DIF credits toward future building permits in-lieu of taking a cash reimbursement upfront. However, Lewis recently expressed that upon the availability of funds, that a cash reimbursement is desired in conjunction with the issuance of DIF credit toward future building permits. At this time, there are no available funds in The Preserve Water Source, Storage, and Distribution Development Impact Fee program. Staff will continue to monitor the fund balance and will make progress payments to the developer (when funds are available) until the terms of the agreement are fulfilled. As well, staff reconciled the water DIF credits associated with 5,174 units of Lewis’s required 8,104 units per the Preserve DA. It is estimated that Lewis will begin paying Preserve Water DIFs around the 5,450th building permit.

The City Council by resolution may designate certain public facilities as “high priority ,” The Water Improvements subject of this Agreement w ere constructed and accepted by the City for use prior to the date of the completion and accep tance by the City of any other Water DIF facilities, which may be eligible for reimbursement. Accordingly, pursuant to the first -in/first-out provision of the DIF Ordinance ( i.e., Section 3.45.130.A7), reimbursement to Lewis for the Water Improvements shal l have priority and be first in line over all other Water DIF facilities constructed by other developers.

The proposed Agreement includes a provision that each year, the City and Lewis’s representatives will meet for the purpose of ascertaining credits f or water DIFs issued by the City to Lewis for developments within Lewis’s properties. The City and Lewis will prepare a document that reconciles the foregoing Water DIF credit and reimbursement reconciliation until the terms of the agreement are fulfilled.

Lastly, on June 6, 2023, the City Council approved an amendment to the existing DA to ensure responsible Long -Range Planning and Fiscal Stability by addressing and further clarifying 241
CITY COUNCIL MEETING DATE: APRIL 2, 2024
TITLE: CONSTRUCTION CREDIT/REIMBURSEMENT AGREEMENT WITH CHINO

DEVELOPMENT CORPORATION, A CALIFORNIA CORPORATION, AND CHINO PRESERVE

DEVELOPMENT CORPORATION, A CALIFORNIA CORPORATION FOR THE

CONSTRUCTION OF WATER SOURCE, STORAGE, AND DISTRIBUTION IMPROVEMENTS AT VARIOUS LOCATIONS IN THE PRESERVE.

PAGE: 4

Lewis's water infrastructure obligations. Moving forward, Lewis will on ly be required to design and construct potable water and recycled water pipelines as it relates to the remaining Lewis properties in The Preserve. The prior condition that Lewis provide supply, storage, and treatment facilities as conditioned per the terms of the original DA was removed. The City will act as the lead on all the large -scale water projects moving forward unless mutually agreed upon in writing by both parties.

Therefore, staff recommends that the City Council adopt Resolution 2024-009 memorializing the developer’s right to the highest priority reimbursement of funds from The Preserve Water Source, Storage, and Distribution Development Impact Fee Fund; and approve a construction credit/reimbursement agreement with Lewis for an amount not to exceed $28,753,683.02 for the construction of water source, storage, and distribution improvements at various locations in the Preserve.

Attachments: Exhibit A & B – Water Atlas Maps
Exhibit C - Construction Credit/Reimbursement Agreement Exhibit D – Resolution 2024-009

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1 10-27-23

Contract No.: ____________________

Approval Date: ___________________

CONSTRUCTION CREDIT AND REIMBURSEMENT AGREEMENT

THE PRESERVE

WATER STORAGE & DISTRIBUTION DEVELOPMENT IMPACT FEE PROGRAM

(Various Water Facilities Constructed between 2004-2019)

This CONSTRUCTION CREDIT AND REIMBURSEMENT AGREEMENT
(“Agreement”) is entered into this 2nd day of April 2024 (“Effective Date ”), by and between CITY OF CHINO , a California municipal corporation (“ City”), and CHINO DEVELOPMENT CORPORATION, a California corporation and CHINO PRESERVE DEVELOPMENT CORPORATION, a California corporation (collectively, “Developer”). City and Developer are sometimes hereinafter referred to individually as “Party” and jointly as “Parties”.

RECITALS

A. Pursuant to that certain Preserve Development Agreement No. 2004-073, effective July 1, 2004, as amended by those certain First, Second and Third Amendments thereto and that certain Amended and Restated Development Agreement No. 2023-0182285 approved by Ordinance 2023- 011, effective July 21, 2023 (“ Amended and Restated Development Agreement ”), among City and Developer, and the conditions of approval for Tracts 16419, 16419 -1, 16420, 16420-1, 17057, 17571, 17572, and 19994 , Developer wa s required to design a nd construct various Water and Reclaimed Water Facilities as a condition to the development of The Preserve community.

B. Pursuant to a Construction, Credit and Reimbursement Agreement For Phase One of the Eastside Water Treatment Facility (3500 GMP) (Projects WT-02, WT-05 and WT-06) entered into September 20, 2016, between City , Lennar Communities, Inc., LS College Park, LLC, Developer, and Developer’s affiliate, Lewis Management Corp., and as amended by that letter dated October 7, 2019 (collectively, the “ Initial Reimbursement Agreement ”), City and Developer agreed that Developer would receive a credit or be reimbursed for the “Total DIF Cost” as defined therein in the amount of Seven Million Eight Hundred Fifty-Four Thousand Five Hundred Dollars ($7,854,500.00).

C. In addition to the improvements referred to in the preceding Recital B above which were the subject of the Initial Reimbursement Agreement, Developer has completed additional work required in connection with the design and construction of those certain water and reclaimed water improvements and facilities which also service The Preserve, as more particularly described on Exhibit 1 attached hereto (the “ Additional Improvements ”) and, in connection therewith, has expended an additional Eighteen Million Seven Hundred Twenty-four Thousand T hree Hundred Sixty-nine and 28/100 Dollars ($18,724,369.28).

D. Developer has completed all work required in connection with the design and construction of the Additional Improvements according to the specifications of the City and under the inspection of, and to the satisfaction of the City Engineer of the City.

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2 10-27-23

E. The Additional Improvements comprise a master-planned facility and are included in the City’s Preserve Water Storage and Distribution (“Water”) Development Impact Fee (“DIF”) program. The Additional Improvements are eligible for reimbursement to Developer by the City and credits against development i mpact fees (“DIFs”) per the Chino Municipal Code, Chapters 3.45 entitled “Preserve Development Impact Fees” (the “ DIF Ordinance”) and, specifically, Section

3.45.130 thereof.

F. The DIF Ordinance provides that if, as a condition of approval of a development project, a developer constructs a public facility identified in the Nexus Reports, for which a DIF is imposed, Developer shall be eligible to receive reimbursement and a fee credit toward the DIFs imposed on the project for the same type of public facility so constructed, and shall be entitled to credit for eligible costs of constructing the public facilities.

G. City and Developer desire to enter into this Agreement (i) to memorialize the ir agreement as to the Total DIF Cost (defined in Section 2.1 below) to which Developer is entitled for its design and construction of the Additional Improvements, (ii) to confirm the amount of the Used Credits (defined in Section 2.3 below) and the Remaining Water DIF Credit and Reimbursement Amount (also defined in Section 2.3 below), to provide the methodology for the City’s future reimbursement to Developer and crediting to Water DIFs (defined in Section 2.2 below) of the Remaining Water DIF Credit and Reimbursement Amount so as to be consistent with Section

6.5.5(a) of the Amended and Restated Development Agreement and (i ii) to establish the requirements for Developer’s transfer or application of all or any portion of available Credits (defined in Section 2.3 below) to a third party.

H. Developer and City also desire to memorialize herein Developer’s right to the highest priority reimbursement of funds from The Preserve Water DIF fund.

NOW, THEREFORE, for the purposes set forth herein, Developer and City hereby agree as follows:

AGREEMENT

1. Incorporation of Recitals. The Parties hereby affirm the facts set forth in the Recitals above and agree to the incorporation of the Recitals as though fully set forth herein.

2. Preserve DIF Credit and Reimbursement.

2.1 Total DIF Cost. The City Engineer has determined that the total costs of the Additional Improvements, including the Additional Improvements that are eligible for credit and reimbursement pursuant to the DIF Ordinance, is Eighteen Million Seven Hundred Twenty Four Thousand Three Hundred Sixty Nine and 28/100 Dollars ($18,724,369.28) (“Total DIF Cost”).

2.2 Credits and Reimbursements From Reimbursement Agreement.

Pursuant to the Initial Reimbursement Agreement, City previously approved of the issuance of credits to Developer or its assignees in the amount of Seven Million Eight Hundred Fifty Four Thousand Five Hundred Dollars ($7,854,500.00) against The Preserve Water DIFs (“Water DIFs”) otherwise due and payable in connection with development within that certain real property owned by Developer and/or its affiliates within The Preserve community (“Developer’s Properties ”) pursuant to the DIF Ordinance. Such credits and reimbursements approved for issuance pursuant to the Initial Reimbursement Agreement are separate and apart from and inapplicable to the Total DIF 246
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DIF Project Nos. Project DIF Validated Costs Deductions / Additions Subtotal Costs WT-102 Eastside Water Treatment Facility Phase I (1) $ 7,854,500.00 $ - 7,854,500.00$ WT-103 Eastside Water Treatment Facility Phase II (2) $ 1,492,388.11 $ 20,381.52 1,512,769.63$ WT-102/103 Eastside Water Treatment Facility Site Planning (3) $ 566,818.02 $ - 566,818.02$ WT-101 Eastside Water Treatment Facility Well No. 16 (4) $ 2,110,105.53 $ (2,110,105.53) -$ WT-101 Eastside Water Treatment Facility Wells No. 17 (5) $ 624,964.00 $ 79,801.19 704,765.19$ WT-113 Schaefer Avenue Water Main (well connection line) $ 1,065,616.20 $ 26,645.00 1,092,261.20$ WT-101 Bon View Well Site $ 238,496.24 $ - 238,496.24$ WT-108 / 109 / 110 Tract Map No. 16419-1 Potable & Recycled Water Lines (6) $ 5,076,176.24 $ (1,631,718.80) 3,444,457.44$ WT-108 / 109 / 110 Tract Map No. 16419 Potable & Recycled Water Lines $ 2,403,121.45 $ - 2,403,121.45$ WT-108 / 109 / 110 Tract Map No. 17571 Potable & Recycled Water Lines $ 1,097,344.57 $ - 1,097,344.57$ WT-109 & Special Draw Kimball Avenue Airport Loop Water Project (7) $ 1,650,000.00 $ - 1,650,000.00$ WT-108 / 109 Tract Map No. 16797 Potable & Recycled Water Lines $ 333,015.03 $ - 333,015.03$ WT-109 Tract Map No. 16420-1 - Potable & Recycled Water Lines (Phase I) $ 928,571.97 $ - 928,571.97$ WT-108 / 109 Tract Map Nos. 17057/17572 - Potable & Recycled Water Lines $ 760,330.41 $ - 760,330.41$ WT-109 Tract Map No. 16420-1 - Potable & Recycled Water Lines (Phase II) $ 885,366.68 $ - 885,366.68$ WT-109 Tract Map No. 18480 - Potable & Recycled Water Lines $ 405,898.11 $ 21,363.06 427,261.17$ WT-109 Tract Map No. 19994 - Potable & Recycled Water Lines $ 2,013,859.55 $ - 2,013,859.55$ WT-201 Water Master Planning $ 413,586.90 $ - 413,586.90$ WT - 108 / 109 Various Potable & Recycled Water Lines $ 252,343.83 $ - 252,343.83$ Total Validated Costs Lewis 26,578,869.28$
2,174,813.74$
28,753,683.02$
Exhibit 1
Credits Purchased per Agreement No. 2020-07
Note 7: In 2004, at the City's request, Lewis advanced the sum payment to the City for the Kimball Ave. Airport Loop project. In return, the City issued DIF credits to Lewis Note 5: Accepted by the City Council on 10-20-2020; validated costs approved by City Council $624,964 Note 4: May 18, 2020, the City Council approved an immediate reimbursement to Lewis for Well No. 16 in the amount of $2,110,105.53. The reimbursement was allocated to both DIF programs with $1,225,000.53 programmed to The Preserve & $885,105 programmed to the Citywide DIF Water DIF Credit & Reimbursement Amount
Note 1: Total not to exceed $13,500,000 per Agreement No. 2017-177; Lewis's cost share is $7,854,500 Note 2: Total not to exceed $7,712,600.03 per Agreement No. 2020-07; Lewis's cost share is $1,492,388.11 Note 6: Deduction for 30" Water Line due to Reimbursement from IEUA to Lewis Note 3:Site planning costs for 12+ acre Eastside Water Treatment Facility site. The site includes Wells 16 & 17, a 4 Million gallon water reservoir, the water treatment facility Phase I, roads, maintenance buildings, water and other utility service lines throughout the site. ($18,724,369.28 Additional Improvements & $7,854,500.00 Initial Improvements) 255
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01225.0005/701923.2 BWB 1

RESOLUTION NO. 2024-009

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

CALIFORNIA, DESIGNATING CERTAIN PRESERVE WATER SOURCE,

STORAGE, AND DISTRIBUTION DEVELOPMENT IMPACT FEE
PROJECTS AS “HIGH PRIORITY” PER CHINO MUNICIPAL CODE 3.45

TITLED DEVELOPMENT IMPACT FEES

WHEREAS, Pursuant to that certain Preserve Development Agreement No. 2004 -073, effective July 1, 2004, by those certain First, Second and Third Amendment s thereto and that certain Amended and Restated Development Agreement No. 2023 -0182285 effective July 21, 2023, among City of Chino (“City”) and Chino Development Corporation, and Chino Preserve Development Corporation (collectively, “Developer”), and the conditions of approval for Tracts 16419, 16419-1, 16420, 16420-1, 17057, 17571, 17572, and 19994, Developer was required to design and construct various Water and Reclaimed Water Facilities (“Water Improvements”) as a condition to the development of The Preserve; and
WHEREAS, Developer has completed all work required in connection with the design and construction of the Water Improvements according to the specifications of the City and under the inspection of, and to the satisfaction of the Director of Public Works of the City.

WHEREAS, The Development Impact Fee (“DIF”) Ordinance provides that if, as a condition of approval of a development project, a developer constructs a public facility identified in the Nexus Reports, for which a DIF is imposed, Develo per shall be eligible to receive reimbursement and a fee credit toward the DIFs imposed on the project for the same type of public facility so constructed, and shall be entitled to credit for eligible costs of constructing the public facilities; and

WHEREAS, City and Developer desire to enter a Construction Credit & Reimbursement (“Agreement”) for the Water Improvements; and

WHEREAS, Developer and City desire to memorialize herein Developer’s right to the highest priority reimbursement of funds from The Preserve Water Source, Storage, and Distribution DIF fund.

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

SECTION 1. The public improvements which comprise the Water Improvements are the subject of the Agreement, which were constructed and accepted by the City for use prior to the date of the completion and acceptance by the City of any other Water DIF facilities which may be eligible for reimbursement.

SECTION 2. Accordingly, pursuant to the first -in/first-out provision of the DIF Ordinance ( i.e., Section 3.45.130.A7), reimbursement to Developer for the Water Improvements shall have priority and be first in line over all other Water DIF facilities. 260

01225.0005/701923.2 BWB 2

SECTION 3. City shall reimburse Developer the Remaining Water DIF Credit and Reimbursement Amount per the terms of the Agreement , less (i) the amount of the any Credits applied to any project on the Developer’s Properties after the Effective Date and (ii) the amount reimbursed to Developer after the Effective Date, to the full extent of available Water DIFs then held by City until the Remaining Water DIF Credit and Reimbursement Amount is reimbursed in full via DIF Credits and reimbursements.

APPROVED AND ADOPTED THIS 2nd DAY OF APRIL 2024.

EUNICE M. ULLOA, MAYOR

ATTEST:

NATALIE GONZAGA, CITY CLERK

State of California )
County of San Bernardino )ss.

City of Chino )

I, NATALIE GONZAGA, City Clerk of the City of Chino, do hereby certify that the forgoing Resolution was duly adopted by the City Council at a regular meeting held on the 2nd day of April 2024, by the following votes:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

NATALIE GONZAGA, CITY CLERK

261

MEMORANDUM

CITY OF CHINO

PUBLIC WORKS DEPARTMENT

CITY COUNCIL MEETING DATE: APRIL 2, 2024

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

SUBJECT
..titl e
Construction credit/reimbursement agreement with Chino Development Corporation, a California corporation, and Chino Preserve Development Corporation, a California corporation for the construction of storm drain improvements at various locations in The Preserve. ..end

RECOMMENDATION
..recommendation
1) Appropriate $500,000.00 to the Storm Drain Fund with a corresponding year -end transfer in the same amount from The Preserve Storm Drain Development Impact Fee Fund (Fund 263); 2) adopt Resolution 2024 -013 memorializing Chino Development Corporation, a California corporation rights to the highest priority reimbursement from The Preserve Storm Drain Development Impact Fee Fund (Fund 263); 3) approve a construction credit/reimbursement agreement with Chino Development Corporation, a California corporation a nd Chino Preserve Development Corporation, a California corporation for an amount not to exceed $6,485,122.11 for the construction of storm drain improvements at various locations in The Preserve; 4) approve an immediate reimbursement to Chino Development Corporation, a California corporation in the amount of $500,000.00 for said improvements; and 5) authorize the City Manager to execute all the necessary documents on behalf of the City. ..body

FISCAL IMPACT
Requires an appropriation of $500,000.00 to the Storm Drain Fund and schedule a corresponding year -end transfer in the same amount from The Preserve Storm Drain Development Impact Fee Fund (Fund 263).

Staff will continue to monitor the fund balance in The Preserve Storm Drain Development Impact Fee program and will make progress payments to the developer (when funds are available) until the terms of the agreement are fulfilled. Each progress payment requires an appropriation of funds and, therefore, each p ayment will be brought back to the City Council for approval.

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

262
CITY COUNCIL MEETING DATE: APRIL 2, 2024
TITLE: CONSTRUCTION CREDIT/REIMBURSEMENT AGREEMENT WITH CHINO

DEVELOPMENT CORPORATION, A CALIFORNIA CORPORATION, AND CHINO PRESERVE

DEVELOPMENT CORPORATION, A CALIFORNIA CORPORATION FOR THE

CONSTRUCTION OF STORM DRAIN IMPROVEMENTS AT VARIOUS LOCATIONS IN THE PRESERVE.

PAGE: 2

Revenue: Click or tap here to enter text.

Expenditure: 5407360 - 43640
Transfer In: 5401000-50000 Transfer Out: 2631000-40001 263
CITY COUNCIL MEETING DATE: APRIL 2, 2024
TITLE: CONSTRUCTION CREDIT/REIMBURSEMENT AGREEMENT WITH CHINO

DEVELOPMENT CORPORATION, A CALIFORNIA CORPORATION, AND CHINO PRESERVE

DEVELOPMENT CORPORATION, A CALIFORNIA CORPORATION FOR THE

CONSTRUCTION OF STORM DRAIN IMPROVEMENTS AT VARIOUS LOCATIONS IN THE PRESERVE.

PAGE: 3

BACKGROUND
In 2004, the City of Chino (“Chino”) entered into a Development Agreement (“DA”) with three entities of the Lewis Management Corporation known as Chino Development Corporation; Chino Preserve Development Corporation; and Chino Holding Company, LLC (collect ively referred to as “Lewis”). The DA was entered into to help guide the orderly development of The Preserve, which was envisioned as a master -planned residential and commercial community.

Additionally, the DA set the terms and conditions of development on property owned by Lewis and established the rights and obligations of the developer and the City during development.

The Preserve DA, as amended and restated on July 21, 2023, in conjunction with the conditions of approval for Tracts 16419, 16419 -1, 1642 0, 16420 -1, 16797, 17057, 17571, 17572, and 19994, requires Lewis to design and construct various master -planned storm drain improvements as a condition to the development of The Preserve.

Lewis completed approximately $36,755,652 in drainage improvements to support developments in the City of Ontario (New Model Colony, also referred to as Ontario Ranch) and The Preserve. Major projects completed by Lewis include the Kimball and Bickmore Natural Treatment System basins and channels, as well as various stor m drain lines in the northern portion of The Preserve (“Phase 1 Improvements”) as depicted on Exhibit A.

In 2012, Chino entered into a Regional Storm Drain Improvement Reimbursement Agreement with the City of Ontario (“Ontario”) for the reimbursement of O ntario’s fair share costs totaling $12,956,885. This agreement was amended in 2021 to include a provision allowing Ontario to reimburse Chino from Regional Storm Drain DIF collected from developers “anywhere” within the Ontario Ranch / New Model Colony area, not just the area of benefit identified in the original agreement. Upon the execution of the amendment, Ontario paid a one -time lump sum payment to Chino (which was a straight pass -through to Lewis) equal to the unencumbered available balance of the Reg ional Storm Drain Development Impact Fee fund at that time, and the remaining balance owed to the developer converted to a DIF Credit Certificate, which the City assigned to Lewis, thus fulfilling the terms of the agreement.

Additionally, the City issued Preserve Storm Drain DIF credits to Lewis’s guest builders between 2004 – 2015, which were deducted from the amount owed to Lewis for Chino’s fair share totaling $23,818,767. Lewis also received cash reimbursements periodically as fees were collected from other developers in The Preserve, which were also deducted from the balance owed to Lewis, bringing a remaining balance forward in the amount of $13,409,387.

Subsequently, on June 16, 2015, Chino entered into a formal reimbursement agreement with Lewis for the remaining amount. Over the next several years, staff completed an annual review of the credits issued to Lewis and evaluated the fees collected in The Preserve. Staff continued to deduct credits and make cash reimbursements to Lewis; thus, fulfilling the terms of the agreement for the Phase 1 Improvements in 2021.

More recently, Lewis submitted a reimbursement request to the City for additional storm drain facilities, which were not included as part of the Phase 1 Improvements previously reconciled.

The additional improvements constructed by Lewis include a portion of Line F, Line B, and Line H (“Additional Improvements”) as depicted in Exhibit A. 264
CITY COUNCIL MEETING DATE: APRIL 2, 2024
TITLE: CONSTRUCTION CREDIT/REIMBURSEMENT AGREEMENT WITH CHINO

DEVELOPMENT CORPORATION, A CALIFORNIA CORPORATION, AND CHINO PRESERVE

DEVELOPMENT CORPORATION, A CALIFORNIA CORPORATION FOR THE

CONSTRUCTION OF STORM DRAIN IMPROVEMENTS AT VARIOUS LOCATIONS IN THE PRESERVE.

PAGE: 4

The Additional Improvements are included in The Preserve Storm Drain Development Impact Fee (“DIF”) program. The City’s Municipal Code, Chapter 3.45, titled Development Impact Fees, provides that if, as a condition of approval of a development project, a developer constructs a public facility identified in the DIF Nexus and Calculation Report, for which a DI F is imposed, Developer shall be eligible to receive reimbursement and or fee credit toward the DIFs imposed on the development project for the same type of public facility so constructed and shall be entitled to credit for eligible costs of constructing the public facilities.

ISSUES/ANALYSIS
Lewis has completed all work required in connection with the design and construction of the Additional Improvements according to the specifications of the City and under the inspection and to the satisfaction of t he Director of Public Works. The Director of Public Works reviewed the final accepted/approved "as -built" plans, specifications and supporting documentation and determined that $6,485,122.11 is eligible for DIF credit and/or reimbursement.

Upon the costs being validated by the City, staff reconciled the Preserve Storm Drain DIF credits issued to Lewis’s guest builders through December 31, 2023, totaling $ 19,984,914.52.

Of this amount, $14,983,210.36 in DIF credit was deducted from the total credits issued for the Phase 1 Improvements, bringing forward a credit balance of $5,001,704.16. As stated above, the validated costs for the Additional Improvements are $ 6,485,122.11, which exceeds the credit balance amount. Therefore, Lewis is entitled to DIF credit and/or reimbursement in the amount of $1,483,417.95 moving forward.

Total Credits $19,984,914.52
Credits Phase 1 ($14,983,210.36)
Credit Balance $ 5,001,704.16

Additional Costs $ 6,485,122.11
Credit Balance ($ 5,001,704.16)
Credit Balance Forward $1,483,417.95

Lewis recently expressed that upon the availability of funds, that a cash reimbursement is desired in conjunction with the issuance of DIF credit toward future building permits. Currently, there is $3,974,220 in the Preserve Storm Drain Fund balance. Staff is recommending a $500,000.00 cash reimbursement; thus, bringing a balance forward still owed to the developer in the amount of $983,417.95.

The City Council by resolution, may designate certain public facilities as “high priority”. The Additional Improvements subject to this Agreement were constructed and accepted by the City for use prior to the date of the completion and acceptance by the City of any other Storm Drain DIF facilities which may be eligible for reimbursement. Accordingly, pursuant to th e first-in/first- out provision of the DIF Ordinance ( i.e., Section 3.45.130.A7), reimbursement to Lewis for the Additional Improvements shall have priority and be first in line over all other Storm Drain DIF facilities constructed by other developers.
265
CITY COUNCIL MEETING DATE: APRIL 2, 2024
TITLE: CONSTRUCTION CREDIT/REIMBURSEMENT AGREEMENT WITH CHINO

DEVELOPMENT CORPORATION, A CALIFORNIA CORPORATION, AND CHINO PRESERVE

DEVELOPMENT CORPORATION, A CALIFORNIA CORPORATION FOR THE

CONSTRUCTION OF STORM DRAIN IMPROVEMENTS AT VARIOUS LOCATIONS IN THE PRESERVE.

PAGE: 5

The proposed Agreement includes a provision that each year, the City and Lewis’s representatives will meet for ascertaining credits for storm drain DIFs issued by the City to Lewis for developments within Lewis’s properties. The City and Lewis will prepare a document that reconciles the preceding storm drain DIF credit and reimbursement reconciliation until the terms of the agreement are fulfilled.

Staff recommends that the City Council to adopt Resolution 2024 -013 memorializing the developer’s right to the highest priority reimbursement of funds from The Preserve Storm Drain Development Impact Fee Fund; approve a construction credit/reimbursement agreement with Lewis for an amount not to exceed $6,485,122.11 for the construction of storm drain improvements at various locations in The Preserve; and approve an immediate reimbursement to Chino Development Corporation of $500,000.00.

Attachments: Exhibit A – Atlas Map Storm Drain Improvements Exhibit B – Construction Credit/Reimbursement Agreement Exhibit C – Resolution 2024-013

266
Exhibit A
Additional Work
Phase 1 - Various Storm Drain Lines
Phase 1 - Basins & Channels

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1 Contract No.: ____________________

Approval Date: ___________________

CONSTRUCTION CREDIT AND REIMBURSEMENT AGREEMENT

STORM DRAIN IMPROVEMENTS

THE PRESERVE DEVELOPMENT IMPACT FEE PROGRAM

(Various Locations)

This CONSTRUCTION CREDIT AND REIMBURSEMENT AGREEMENT
(“Agreement”) is entered into this 2nd day of April 2024 (“Effective Date”), by and between CITY OF CHINO , a California municipal corporation (“ City”), and CHINO DEVELOPMENT CORPORATION, a California corporation and CHINO PRESERVE DEVELOPMENT CORPORATION, a California corporation (collectively, “Developer”). City and Developer are sometimes hereinafter referred to individually as “Party” and jointly as “Parties”.

RECITALS

A. Pursuant to that certain Preserve Development Agreement No. 2004-073, effective July 1, 2004, as amended by those certain First, Second and Third Amendments thereto and that certain Amended and Restated Development Agreement No. 2023-0182285, effective June 20 , 2023 (“Amended and Restated Development Agreement ”), among City and Developer, and the conditions of approval for Tracts 16419, 16419 -1, 16420, 16420-1, 17057, 17058, 17571, 17572, 17574, 18480 and 19994, Developer wa s required to design and construct various Storm D rain Facilities as a condition to the development of The Preserve community.

B. Pursuant to the Storm Drain Credit and Reimbursement Agreement entered on June 16, 2015 (“Initial Reimbursement Agreement”) between the Parties, Developer completed approximately $36,755,652 in drainage improvements to support development in Ont ario Ranch located in the City of Ontario and The Preserve Specific Plan area located in the City of Chino. The improvements include the Kimball and Bickmore natural treatment system basins and channels, as well as various storm drain lines in the northern portion of The Preserve (“Regional Improvements”). The City’s fair share cost for the Regional Improvements is $23,818,767 (“Validated Costs”). City and Developer agreed that Developer would receive Storm Drainage Collection System Facilities Development Impact Fee program credits and / or be reimbursed from the Storm Drain DIF fund balance for an amount equal to the Validated Costs.

C. In addition to the Regional Improvements referred to in the preceding Recital B above which were the subject of the Initial Reimbursement Agreement, Developer has completed additional work required in connection with the design and construction of certain storm drain lines improvements and facilities which also service The Preserve, as more particularly shown on Exhibit 1 attached hereto (the “Additional Improvements”) and, in connection therewith, has expended an additional Six Million Four Hundred Eighty-Five Thousand One Hundred Twenty-Two and 11/100 Dollars ($6,485,122.11).

D. Developer has completed all work required in connection with the design and construction of the Additional Improvements according to the specifications of the City and under 268
2 1-19-24

the inspection of, and to the satisfaction of the City Engineer of the City.

E. The Additional Improvements comprise master-planned facilities and are included in the City’s Preserve Storm Drain DIF program. The Additional Improvements are eligible for reimbursement to Developer by the City and credits against development impact fees (“DIFs”) per the Chino Municipal Code, Chapters 3.45 entitled “Preserve Development Impact Fees” (the “ DIF Ordinance”) and, specifically, Section 3.45.130 thereof.

F. The DIF Ordinance provides that if, as a condition of approval of a development project, a developer constructs a public facility identified in the Nexus Reports, for which a DIF is imposed, Developer shall be eligible to receive reimbursement and a fee credit toward the DIFs imposed on the project for the same type of public facility so constructed, and shall be entitled to credit for eligible costs of constructing the public facilities.

G. City and Developer desire to enter into this Agreement (i) to memorialize the ir agreement as to the Total DIF Cost (defined in Section 2.1 below) to which Developer is entitled for its design and construction of the Additional Improvements, (ii) to confirm the amount of the Used Credits (defined in Section 2.3 below) and the Remaining Storm Drain DIF Credit and Reimbursement Amount (also defined in Section 2.3 below), to provide the methodology for the City’s future reimbursement to Developer and crediting to Storm Drain DIFs (defined in Section 2.2 below) of the Remaining Storm Drain DIF Credit and Reimbursement Amount (iii) to establish the requirements for Developer’s transfer or application of all or any portion of available Credits (defined in Section 2.3 below) to a third party.

H. Developer and City also desire to memorialize herein Developer’s right to the highest priority reimbursement of funds from The Preserve Storm Drain DIF fund.

NOW, THEREFORE, for the purposes set forth herein, Developer and City hereby agree as follows:

AGREEMENT

1. Incorporation of Recitals. The Parties hereby affirm the facts set forth in the Recitals above and agree to the incorporation of the Recitals as though fully set forth herein.

2. Preserve DIF Credit and Reimbursement.

2.1 Total DIF Cost. The City Engineer has determined that the total costs of the Additional Improvements that are eligible for credit and reimbursement pursuant to the DIF Ordinance, is Six Million Four Hundred Eighty-Five Thousand One Hundred Twenty-Two and 11/100 Dollars ($6,485,122.11) (“Total DIF Cost”).

2.2 Credits and Reimbursements From Reimbursement Agreement.

Pursuant to the Initial Reimbursement Agreement, City previously approved of the issuance of credits to Developer or its assignees in the amount of Fourteen Million Nine Hundred Eighty-Three Thousand Two Hundred Ten and 36/100 Dollars ($14,983,210.36) against The Preserve Storm Drain DIFs (“Storm Drain DIFs”) otherwise due and payable in connection with development within that certain real property owned by Developer and/or its affiliates within The Preserve community (“Developer’s Properties ”) pursuant to the DIF Ordinance . Such credits and reimbursements approved for issuance pursuant to the Initial Reimbursement Agreement are separate and apart from 269
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RESOLUTION NO. 2024-013

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

CALIFORNIA, DESIGNATING CERTAIN PRESERVE STORM DRAIN
DEVELOPMENT IMPACT FEE PROJECTS AS “HIGH PRIORITY” PER CHINO MUNICIPAL CODE 3.45 TITLED DEVELOPMENT IMPACT FEES

WHEREAS, Pursuant to that certain Preserve Development Agreement No. 2004 -073, effective July 1, 2004, by those certain First, Second and Third Amendments thereto and that certain Amended and Restated Development Agreement No. 2023 -0182285 effective July 21, 2023, among City of Chino (“City”) and Chino Development Corporation, and Chino Preserve Development Corporation (collectively, “Developer”), and the conditions of approval for Tracts 16419, 16419-1, 16420, 16420-1, 17057, 17571, 17572, and 19994, Developer was required to design and construct various Storm Drain Facilities (“Storm Drain Improvements”) as a condition to the development of The Preserve; and
WHEREAS, Developer has completed all work required in connection with the design and construction of the Storm Drain Improvements according to the specifications of the City and under the inspection of, and to the satisfaction of the Director of Public Works of the City.

WHEREAS, The Development Impact Fee (“DIF”) Ordinance provides that if, as a condition of approval of a development project, a developer constructs a public facility identified in the Nexus Reports, for which a DIF is imposed , Developer shall be eligible to receive reimbursement and a fee credit toward the DIFs imposed on the project for the same type of public facility so constructed, and shall be entitled to credit for eligible costs of constructing the public facilities; and

WHEREAS, City and Developer desire to enter a Construction Credit & Reimbursement (“Agreement”) for the Storm Drain Improvements; and

WHEREAS, Developer and City desire to memorialize herein Developer’s right to the highest priority reimbursement of funds from The Preserve Storm Drain DIF fund.

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

SECTION 1. The public improvements which comprise the Storm Drain Improvements are the subject of the Agreement, which were constructed and accepted by the City for use prior to the date of the completion and acceptance by the City of any other Storm Drain DIF facilities which may be eligible for reimbursement.

SECTION 2. Accordingly, pursuant to the first -in/first-out provision of the DIF Ordinance ( i.e., Section 3.45.130.A7), reimbursement to Developer for the Storm Drain Improvements shall have priority and be first in line over all other Storm Drain DIF facilities.

SECTION 3. City shall reimburse Developer the Remaining Storm Drain DIF Credit and Reimbursement Amount per the terms of the Agreement , less (i) the amount of the any Credits applied to any project on the Developer’s Properties after the Effective Date and (ii) the amount 283
RESOLUTION 2024-013
PAGE 2

01225.0005/701923.2 BWB 2

reimbursed to Developer after the Effective Date, to the full extent of available Storm Drain DIFs then held by City until the Remaining Storm Drain DIF Credit and Reimbursement Amount is reimbursed in full via DIF Credits and reimbursements.

APPROVED AND ADOPTED THIS 2nd DAY OF APRIL 2024.

EUNICE M. ULLOA, MAYOR

ATTEST:

NATALIE GONZAGA, CITY CLERK

State of California )
County of San Bernardino )ss.

City of Chino )

I, NATALIE GONZAGA , City Clerk of the City of Chino, do hereby certify that the forgoing Resolution was duly adopted by the City Council at a regular meeting held on the 2nd day of April 2024, by the following votes:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

NATALIE GONZAGA, CITY CLERK

284

MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: APRIL 2, 2024

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

SUBJECT
..titl e
Certification of Election Results for the March 5, 2024 Special Municipal Election (Ballot Measure V).
..end

RECOMMENDATION
..recommendation
Approve 1) adoption of Resolution No. 2024 -014 reciting the facts of the City of Chino Special Municipal Election held on March 5, 2024, declaring the results and such other matters as provided by law and 2) adoption of Ordinance No. 2024-007, a New Chapter 3.18 Trans actions and Use Tax of the Chino Municipal Code (Second Reading).

..body

FISCAL IMPACT
Sufficient funds are included in the Fiscal Year 2023-25 Operating Budget.

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

Revenue:

Expenditure:

Transfer In: Transfer Out:
285
CITY COUNCIL MEETING DATE: APRIL 2, 2024
TITLE: CERTIFICATION OF ELECTION RESULTS FOR THE MARCH 5, 2024 SPECIAL MUNICIPAL ELECTION (BALLOT MEASURE V).

PAGE: 2

BACKGROUND
The City of Chino held a Special Municipal Election on March 5, 2024, in consolidation with the Statewide Direct Primary Election wherein Ballot Measure V was submitted to the voters. Ballot Measure V proposed to add a new Chapter (3.18 Transactions and Use Tax) of the Chino Municipal Code to implement a transaction tax rate of one cent per dollar (1%) of the gross receipts of any retailer from the sale of all tangible personal property sold at retail in said territory on or after the operative date of the proposed ordinance.

ISSUES/ANALYSIS
On March 29, 2024, the San Bernardino County Registrar of Voters completed the canvass and certified the results of the March 5, 2024 Special Municipal Election. According to the certified results, Measures V was approved by a majority of the voters. The certification and statement of votes is attached as Exhibit A to Resolution No. 2024-014.

Adoption of Resolution No. 2024 -014 will mee t the requirements to declare the results of the March 5, 2024 Special Municipal Election.

Additionally, upon approval of Resolution No. 2024 -014 certifying results of the election, Ordinance No. 2024 -007 (Measure V) is being presented for adoption (Second Reading). The introduction of Ordinance 2024 -007 was approved at the November 21, 2023 regular City Council meeting, read by name and title only, waiving further reading of the Ordinance.

ORDINANCE NO. 2024-007

AN ORDINANCE OF THE CITY COUNCIL OF THE CIT Y OF CHINO, CALIFORNIA,

ESTABLISHING A TRANSACTIONS AND USE TAX TO BE ADMINISTERED BY THE

CALIFORNIA DEPARTMENT OF TAX AND FEE ADMINISTRATION

Attachments: Resolution No. 2024-014
Ordinance No. 2024-007

286
RESOLUTION NO. 2024-014

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

CHINO, CALIFORNIA, RECITING THE FACTS OF THE

SPECIAL MUNICIPAL ELECTION HELD IN THE CITY ON
MARCH 5, 2024 , DECLARING THE RESULT AND SUCH

OTHER MATTERS AS PROVIDED BY THE PROVISIONS
OF LAW

WHEREAS, a Special Municipal Election was held and conducted in the City of Chino, California, on Tuesday, March 5, 2024, as required by law; and WHEREAS, notice of the election was given in time, form, and manner as provided by law; that voting precincts were properly established; that election officers were appointed and that in all respects the election was held and conducted and the votes were cast, received, and canvassed and the returns made and declared in time, form, and manner as required by the provisions of the Elections Code of the State of California for holding of election in general law cities; and
WHEREAS, the County of San Bernardino Registrar of Voters canvassed the returns of the election and has certified the results to this City Council. The results have been received, attached, and made a part hereof as “Exhibit A”.

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

SECTION 1. That the whole number of votes cast in the City was 14,433 representing

28.72% percent turnout of registered voters.

SECTION 2. That the measure voted upon at the election is as follows:

Measure V:

City of Chino Public Safety, Roads, Essential Services Measure Shall the measure providing Chino funding for general government use, such as maintaining 911 response, police/fire protection; recruiting/retaining well - trained police officers; preventing crime; repairing street s/potholes; protecting local drinking water sources; addressing homelessness; maintaining veterans/senior/youth/after-school programs by enacting a 1 ¢ sales tax providing approximately $28,000,000 annually until ended by voters; requiring audits/public sp ending disclosure/all funds benefitting Chino residents, be adopted?

SECTION 3. That the number of votes given at each precinct and the number of votes given in the City for and against the measure are listed in “Exhibit A" attached.

SECTION 4. The City Council does declare and determine that as a result of the election, a majority of the voters voting on Measure V voted in favor of the measure, and that the Measure was carried and shall be deemed adopted and ratified as reflected in Ordinance No. 2024-007.

287

RESOLUTION NO. 2024-014
PAGE 2

SECTION 5. The City Clerk shall enter on the records of the City Council of the City of Chino, a statement of the results of the election showing: 1) the whole number of votes cast in the City; 2) the measure voted upon ; 3) the number of votes cast at each precinct for and against the measure; 4) the total number of votes cast in the City for and against the measure.

SECTION 6. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.

PASSED AND ADOPTED by the City Council at a regular meeting held on the 2nd day of April, 2024.

EUNICE M. ULLOA, MAYOR

ATTEST:

NATALIE GONZAGA, CITY CLERK

Attachments: Exhibit A

288

RESOLUTION NO. 2024-014
PAGE 3

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 2nd day of April 2024, by the following votes:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

________

NATALIE GONZAGA, CITY CLERK

289
777 East Rialto Avenue, San Bernardino, CA 92415 I Phone: 909.387.8300 Fax: 909.387.2022 www.SBCounty.gov

RNARDIN O
UNTY Registrar of Voters

CERTIFICATION OF REGISTRAR OF VOTERS

OF THE RESULTS OF THE CANVASS OF THE
MARCH 5, 2024, PRESIDENTIAL PRIMARY ELECTION

STATE OF CALIFORNIA

SAN BERNARDINO COUNTY
)
) ss.
)
Stephenie Shea
Registrar of Voters
I, Stephenie Shea, Registrar of Voters of San Bernardino County, do hereby certify that, in pursuance of the provisions of Elections Code section 15300, et seq., I did canvass the results of the votes cast in the Presidential Primary Election held in said County on March 5, 2024, for measures and contests that were submitted to the vote of the voters, and that the Certified Election Results to which this certificate is attached is full, true and correct.

I hereby set my hand and official seal this 29th day
of March, 2024, at San Bernardino County.

BO,\RJ) or 5l"P! ·.RVbO!b
Stephenie Shea
Registrar of Voters
San Bernardino County
State of California
Co1.. PAUL Com; (R1;-r.) JESSE ARMENDAREZ DAw:--: RowE Ct:RT HA<;MAN JoE BACA, JR. \'ice Chairman, 1-irst District Second District Chair, 'lhird District fourth District Fifth lli,tri<t - ■ - -
tu1t1cr;$nnkc
. -~~~~~!f~ 290
Page: 1 of 31 3/29/2024 1 :14:24 PM
Election Summary Report
San Bernardino County Final Certified Presidential Primary Election Election Results March 5, 2024 Summary #19
Elector Group Counting Group Cards Cast Voters Cast Registered Voters Turnout Democratic Mail Ballot 221,329 110,744 23.44%
Designated Mail Ballot 882 442 0.09%
Polling Place 18,960 9,490 2.01%
Provisional 856 428 0.09%
Total 242,027 121,104 472,423 25.63%
Republican Mail Ballot 223,912 112,089 3234%
Designated Mail Ballot 2,184 1,092 0.32%
Polling Place 46,317 23,185 6.69%
Provisional 1,548 774 0.22%
Total 273,961 137,140 346,623 39.56%
American Independent Mail Ballot 22,456 11,233 20.14%
Designated Mail Ballot 183 91 0.16%
Polling Place 3,390 1,701 3.05%
Provisional 146 73 0.13%
Total 26,175 13,098 55,780 23.48%
Peace and Freedom Mail Ballot 1,295 648 6.69%
Designated Mail Ballot 6 3 0.03%
Polling Place 283 142 1.47%
Provisional 44 22 0.23%
Total 1,628 815 9,682 8.42%
Libertarian Mail Ballot 3,695 1,844 13.64%
Designated Mail Ballot 56 28 0.21%
Polling Place 767 386 2.86%·
Provisional 14 7 0.05%
Total 4,532 2,265 13,515 16.76%
Green Mail Ballot 1,322 661 13.99%
Designated Mail Ballot 20 10 0.21%
Polling Place 194 97 2.05%
Provisional 6 3 0.06%
Total 1,542 771 4,725 16.32%
No Party Preference Mail Ballot 49,333 24,632 9.35%
Designated Mail Ballot 378 189 0.07%
Polling Place 4,117 2,063 0.78%
Provisional 202 101 0.04%
Total 54,030 26,985 263,557 10.24%
No Party Preference - Mail Ballot 5,936 2,969 N/A
Democratic
Designated Mail Ballot 36 18 N/A
Polling Place 1,340 672 N/A
Provisional 32 16 N/A
Total 7,344 3,675 0 N/A
Total . Mail Ballot 529,278 264,820 22.71% 291
Page: 2 of 31 3/29/20241 :14:24 PM
Total Designated Mail Ballot 3,745 1,873 0.16%
Polling Place 75,368 37,736 3.24%
Provisional 2,848 1,424 0.12%
Total 611,239 305,853 1,166,305 26.22%
Precincts Reported: 2,824 of 2,824 (100.00%)
Voters Cast 305,853 of 1,166,305 (26.22%)
Cards Cast 611,239
Democratic Presidential Preference (Vote for 1)
Precincts Reported: 2,824 of 2,824 (100.00%)
Mail Ballot Designated M Polling Place Provisional Total Times Cast 113,713 460 10,162 . 444 124,779 / 1,166,305 10.70% Undervotes 9,740 42 1,243 61 11,086
Overvotes 87 0 9 97
Candidate Mail Ballot Designated Polling Place Provisional Total Mail Ballot
STEPHEN P LYONS 535 0 85 2 622 0.55%
EBAN CAMBRIDGE 458 3 38 4 503 0.44%
GABRIEL CORNEJO 1,353 3 205 12 1,573 1.38%
PRESIDENT R BODDIE 656 3 86 3 748 0.66%
JOSEPH R BIDEN JR 92,460 371 7,408 309 100,548 88.51%
MARIANNE WILLIAMSON 4,017 21 579 29 4,646 4.09%
DEAN PHILLIPS 2,818 12 302 10 3,142 2.77%
ARMANDO "MANDO "
PEREZ-SERRATO 1,589 5 207 13 1,814 1.60%
Total Votes 103,886 418 8,910 382 113,596
Mail Ballot Designated Polling Place Provisional Total
Mail Ballot
Willie Felix Carter WRITE-IN 0 0 0 0 0 0.00%
President Cristina Nicole WRITE-IN 0 0 0 0 0.00% Grappo 0 Ri chard Gutierrez WRITE-IN 0 0 0 0 0 0.00%
James Mark Merts WRITE-IN 0 0 0 0 0 0.00%
Reed Michaelsen WRITE-IN 0 0 0 0 0 0.00%
Wayne Anthony Pope Sr. WRITE-IN 0 0 0 0 0 0.00%
Unresolved Write-In 0 0 0 0 0
292
Page: 3 of 31 3/29/2024 1 :14:24 PM
Republican Presidential Preference (Vote for 1)
REP
Precincts Reported: 2,824 of 2,824 (100.00%)
Mail Ballot Designated M Polling Place Provisional Total Times Cast 112,089 1,092 23,185 774 137,140 / 346,623 39.56% Undervotes 2,315 8 229 43 2,595
Overvotes 30 0 14 45
Candidate Mail Ballot Designated Polling Place Provisional Total Mail Ballot
NIKKI HALEY 13,379 98 1,303 28 14,808 11.01%
ASA HUTCHINSON 138 0 13 0 151 0.11%
DONALD J. TRUMP 93,199 972 21,254 690 116,115 86.33%
CHRIS CHRISTIE 785 66 853 0.63%
RYAN L BINKLEY 175 20 197 0.15%
DAVID STUCKENBERG 172 0 7 0 179 0.13%
RACHEL SWIFT 177 0 21 199 0.15%
RON DESANTIS 1,350 9 200 7 1,566 1.16%
VIVEK RAMASWAM Y 369 3 58 2 432 0.32%
Total Votes 109,744 1,084 22,942 730 134,500
Mail Ballot Designated Polling Place Provisional Total
Mail Ballot
Hugo C Aguilar WRITE-IN 0 0 0 0 0 0.00%
Ryan Stephen Ehrenreich WRITE-IN 0 0 0 0 0 0.00%
Douglas Groves WRITE-IN 0 0 0 0 0 0.00%
Unresolved Write -In 0 0 0 0 0
American Independent Presidential Preference (Vote for 1) AI
Precincts Reported: 2,824 of 2,824 (100.00%)
Mail Ballot Designated M Polling Place Provisional Total Times Cast 11,233 91 1,701 73 13,098 / 55,780 23.48%
Undervotes 0 0 0 0 0
Overvotes 4 0 0 5
Candidate Mail Ballot Designated Polling Place Provisional Total Mail Ballot
JAMES BRADLEY 1,993 16 334 15 2,358 99.96%
Total Vote s 1,994 16 334 15 2,359
Mail Ballot Designated Polling Place Provisional Total
Mail Ballot
Andrew George Rummel WRITE-IN 0 0 0 0.04%
Unresolved Write-In 0 0 0 0 0
293
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Green Party Presidential Preference (Vote for 1)
GRN
Precincts Reported: 2,824 of 2,824 (100.00%)
Mail Ballot Designated M Polling Place Provisional Total Times Cast 661 10 97 . 3 771 / 4,725 16.32%
Undervotes 255 36 293
Overvotes 0 0 0 0 0
Candidate Mail Ballot Designated Polling Place Provisional Total Mail Ballot
JILL STEIN 406 9 61 2 478 100.00%
Total Votes 406 9 61 2 478
Mail Ballot Designated Polling Place Provisional Total
Mail Ballot
Davi WRITE-IN 0 0 0 0 0 0.00%
Matthew Pruden WRITE-IN 0 0 0 0 0 0.00%
Jorge Zavala WRITE-IN 0 0 0 0 0 0.00%
Unresolved Write-In 0 0 0 0 0
Libertarian Presidential Preference (Vote for 1)
LIB
Precincts Reported: 2,824 of 2,824 (100.00%)
Mail Ballot Designated M Polling Place Provisional Total Times Cast 1,B44 28 386 7 2,265 I 13,515 16.76%
Undervotes 0 0 0 0 0
Overvotes 0 0 0 0 0
Candidate Mail Ballot Designated Polling Place Provisional Total Mail Ballot
CHARLES BALLAY 703 12 148 2 865 98.97%
Total Votes 711 12 149 2 874
Mail Ballot Designated Polling Place Provisional Total
Mail Ballot
Chase Oliver WRITE-IN 8 0 0 9 1.03%
Unresolved Write-In 0 0 0 0 0
294
Page: S of 31
Peace and Freedom Presidential Preference (Vote for 1)
PF
Precincts Reported: 2,824 of 2,824 (100.00%)
Times Cast
Undervotes
Overvotes
Candidate

CORN EL WEST

JASMINE SHERMAN

CLAUDIA DE LA CRUZ
Total Votes
Unresolved Write-In
Mail Ballot
648
249
0 Mail Ballot
143
61 195
399
Mail Ballot
0 Designated M
3 3
0 Designated
Mail Ballot
0 0
0 0
Designated
Mail Ballot
0 Polling Place Provisional
142 22
40 4
0 0
Polling Place Provisional
45 6
13 2
44 10
102 18
Polling Place Provisional
0 0
3/29/2024 1:14:24 PM
Total
815 / 9,682 8.42%
296
0 Total
194 37.38%
76 14.64%
249 47.98%
519
Total
0 295
Page: 6 of 31 3/29/2024 1 :14:24 PM
United States Senator (Full Term) {Vote for 1)
Precincts Reported: 2,824 of 2,824 (100.00%)
Mail Ballot Designated M Polling Place Provisional Total Times Cast 264,820 1,873 37,736 1,424 305,853 / 1,166,305 26.22% Un de Notes 6,247 51 1,470 100 7,868
OveNotes 4,712 19 684 5 5,420
Candidate Mail Ballot Designated Polling Place Provisional Total Mail Ballot
STEVE GARVEY 105,965 1,049 21,253 521 128,788 44.02%
DENICE GARY-PANDOL 843 13 169 20 1,045 0.36%
LAURA GARZA 1,605 7 234 12 1,858 0.64%
SEPI GILANI 994 107 9 1,111 0.38%
DON J. GRUNDMANN 204 2 49 3 258 0.09%
FORREST JONES 583 5 90 5 683 0.23%
BARBARA LEE 15,128 54 1,618 134 16,934 5.79%
GAIL LIGHTFOOT 1,285 9 226 14 1,534 0.52%
SARAH SUN LIEW 1,590 7 291 22 1,910 0.65%
SHARLETA BASSETT 2,112 33 431 31 2,607 0.89%
JAMES BRADLEY 3,335 35 636 50 4,056 1.39%
MARTIN VEPRAUSKAS 372 7 110 10 499 0.17%
ERIC EARLY 8,894 87 1,480 56 10,517 3.59%
ADAM B. SCHIFF 68,957 291 4,597 156 74,001 25.29%
MAJOR SINGH 403 55 3 462 0.16%
STEFAN SIMCHOWITZ 213 3 100 12 328 0.11%
CHRISTINA PASCUCCI 2,776 14 231 13 3,034 1.04%
DAVID PETERSON 1,076 2 167 12 1,257 0.43%
PERRY POUND 407 51 6 465 0.16%
KA Tl E PORTER 32,096 161 2,514 105 34,876 11.92%
DOUGLAS H. PIERCE 775 3 123 8 909 0.31%
RAJI RAB 373 2 53 6 434 0.15%
MARK RUZON 564 98 9 672 0.23%
JONATHAN REISS 892 6 335 39 1,272 0.43%
JOHN ROSE 553 3 117 15 688 0.24%
HARMESH KUMAR 826 2 181 22 1,031 0.35%
JAMES "JIM" MACAULEY 1,038 , 4 265 26 1,333 0.46%
Total Votes 253,861 1,803 35,582 1,319 292,565
Mail Ballot Designated Polling Plate Provisional Total
Mail Ballot
Danny Fabricant WRITE-IN 0 0 0 0.00%
Carlos Guillermo Tapia WRITE-IN 0 0 2 0.00%
Michael Joseph Dilger WRITE-IN 0 0 0 0 0 0.00%
John Dowell WRITE-IN 0 0 0 0 0 0.00%
Unresolved Write-In 0 0 0 0 0
296
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United States Senator (Short Term) (Vote for 1)
Precincts Reported: 2,824 of 2,824 (100.00%)
Mail Ballot Designated M Polling Place Provisional Total Times Cast 264,820 1,873 37,736 1,424 305,853 I 1,166,305 26.22% Undervotes 11,098 79 2,273 86 13,536
Overvotes 626 3 81 0 710
Candidate Mail Ballot Designated Polling Place Provisional Total Mail Ballot
STEVE GARVEY 108,076 1,073 22,045 650 131,844 45.21%
SEP! GILANI 2,343 5 264 29 2,641 0.91%
BARBARA LEE 19,919 44 2,117 151 22,231 7.62%
ERIC EARLY 17,667 173 3,113 150 21,103 7.24%
ADAM B. SCHIFF 62,008 258 4,331 180 66,777 22.90%
CHRISTINA PASCUCCI 5,606 31 517 36 6,190 2.12%
KATIE PORTER 37,476 207 2,995 142 40,820 14.00%
Total Votes 253,096 1,791 35,382 1,338 291,607
Mail Ballot Designated Polling Place Provisional Total
Mail Ballot
Michael Joseph Dilger WRITE-IN 0 0 0 0.00%
Unresolved Write-In 0 0 0 0 0
United States Representative District 23 (Vote for 1)
Precincts Reported: 1,577 of 1,577 (100.00%)
Mail Ballot Designated M Polling Place Provisional Total Times Cast 99,391 1,738 15,434 610 117,173 / 389,962 30.05% Undervotes 9,288 153 1,443 62 10,946
Overvotes 14 0 0 15
Candidate Mail Ballot Designated Polling Place Provisional Total Mail Ballot
JAY OBERNOLTE 54,759 1,164 11,233 370 67,526 63.58%
DEREK MARSHALL 35,330 421 2,757 178 38,686 36.42%
Total Votes 90,089 1,585 13,990 548 106,212
Mail Ballot Designated Polling Place Provisional Total
Mail Ballot
Unresolved Write-In 0 0 0 0 0
297
Page: 8 of 31 3/29/2024 1 :14:24 PM
United States Representative District 25 (Vote for 1)
Precincts Reported: 11 of 11 (100.00%)
Mail Ballot Designated M Polling Place Provisional Total Times Cast 856 6 128 5 995 / 2,921 34.06%
Undeivotes 100 0 16 117
Overvotes 0 0 0 0 0
Candidate Mail Ballot Designated Polling Place Provisional Total Mail Ballot
CECI "CECILIA" TRUMAN 231 0 51 0 282 32.12%.

MIGUEL CHAPA 52 9 63 7.18%
RYAN DEAN BURKETT 12 0 0 13 1.48%
IAN M. WEEKS 147 0 28 176 20.05%
OSCAR ORTIZ 89 0 8 2 99 11.28%'
RAUL RUIZ 225 5 15 0 245 27.90%
Total Votes 756 6 112 4 878
Mail Ballot Designated Polling Place Provisional Total
Mail Ballot
Unresolved Write-In 0 0 0 0 0
United States Representative District 28 (Vote for 1)
Precincts Reported: 155 of 155 (100.00%)
Mail Ballot Designated M Polling Place Provisional Total Times Cast 19,322 73 2,965 65 22,425 / 53,858 41.64%
Undervotes 1,607 4 330 9 1,950
Overvotes 0 0 0
Candidate Mail Ballot Designated Polling Place Provisional Total Mail Ballot
JUDY CHU 7,196 26 535 18 7,775 37.97%
JOSE CASTANEDA 319 0 70 3 392 1.91%
APRIL A. VERLATO 9,911 40 1,971 32 11,954 58.39%
WILLIAM PATTERSON 288 3 59 3 353 1.72%
Total Votes 17,714 69 2,635 56 20,474
Mail Ballot Designated Polling Place Provisional 1otal
Mail Ballot
Unresolved Write-In 0 0 0 0 0
298
Page: 9 of 31 3/29/2024 1 :14:24 PM
United States Representative District 33 (Vote for 1)
Precincts Reported: 655 of 655 (100.00%)
Mail Ballot Designated M Polling Place Provisional Total Times Cast 77,005 55 10,348 390 87,798 / 399,839 21.96% Undervotes 7,609 4 1,128 57 8,798
Overvotes 12 0 0 13
Candidate Mail Ballot Designated Polling Place Provisional Total Mail Ballot
TOM HERMAN 28,061 38 5,557 159 33,815 42.81%
PETE AGUILAR 41,243 10 3,638 174 45,065 57.05%:

Total Votes 69,384 51 9,219 333 78,987
Mail Ballot Designated Polling Place Provisional Total
Mail Ballot
Mark Porter WRITE-IN 77 3 24 0 104 0.13%
Ernest Harold Richter WRITE-IN 3 0 0 0 3 0.00%
Unresolved Write-In 0 0 0 0 0
United States Representative District 35 (Vote for 1)
Precincts Reported: 389 of 389 (100.00%)
Mail Ballot Designated M Polling Place Provisional Total Times Cast 57,343 7,628 315 65,287 / 284,415 22.95%
Undervotes 4,343 0 706 31 5,080
Overvotes 62 0 8 0 70
Candidate Mail Ballot Designated Polling Place Provisional Total Mail Ballot
NORMA J. TORRES 26,329 0 2,201 80 28,610 47.57%
MIKE CARGILE 20,966 3,861 146 24,974 41.53%
VIJALSUTHAR 2,032 0 462 25 2,519 4.19%
MELISSA MAY 3,611 0 390 33 4,034 6.71%
Total Votes 52,938 6,914 284 60,137
Mail Ballot Designated Polling Place Provisional Total
Mail Ballot
Unresolved Write-In 0 0 0 0 0
299
Page: 10 of 31 3/29/2024 1 :14:24 PM
United States Representative District 40 (Vote for 1)
Precincts Reported: 37 of 37 (100.00%)
Mail Ballot Designated M Polling Place Provisional Total Times Cast 10,903 0 1,233 39 12,175 / 35,310 34.48%
Undervotes 662 0 75 738
Overvotes 0 0 2
Candidate Mail Ballot Designated Polling Place Provisional Total Mail Ballot

ALLYSON MUNIZ
DAMI KOLAS 1,457 0 111 7 1,575 13.77%
JOE KERR 2,889 0 199 8 3,096 27.07%
YOUNG KIM 5,894 Q I 847 23 6,764 59.15%
Total Votes 10,240 0 1,157 38 11,435
Mail Ballot Designated Polling Place Provisional Total
Mail Ballot
Unresolved Write-In 0 0 0 0 0
State Senator District 19 (Vote for 1)
Precincts Reported: 1,298 of 1,298 (100.00%)
Mail Ballot Designated M Polling Place Provisional Total Times Cast 73,129 1,653 11,479 446 86,707 I 246,013 35.24% Undervotes 3,611 83 721 59 4,474
Overvotes 7 0 0 8
Candidate Mail Ballot Designated Polling Place Provisional Total Mail Ballot
LISA MIDDLETON 27,832 438 2,209 134 30,613 37.23%
ROSILICIE OCHOA BOGH 41,679 1,132 8,548 253 51,612 62.77% Total Votes 69,511 1,570 10,757 387 82,225
Mail Ballot Designated Polling Place Provisional Total
Mail Ballot
Unresolved Write-In 0 0 0 0 0
300
Page: 11 of 31 3/29/2024 1 :14:24 PM
State Senator District 23 (Vote for 1)
Precincts Reported: 319 of 319 (100.00%)
Mail Ballot Designated M Polling Place Provisional Total Times Cast 32,273 98 4,974 199 37,544 / 165,950 22.62%
Undervotes 1,554 2 265 20 1,841
Overvotes 60 0 8 0 68
Candidate Mail Ballot Designated Polling Place Provisional Total Mail Ballot
OLLIE M. MCCAULLEY 1,497 159 14 1,671 4.69% .

KIPP MUELLER 8,323 16 612 22 8,973 25.18%
JAMES "DJ" HAMBURGER 9,161 50 1,961 78 11,250 31.57%
BLANCA AZUCENA GOMEZ 3,427 2 327 20 3,776 10.60%
SUZETTE MARTINEZ 8,251 27 VALLADARES 1,642 45 9,965 27.96% Total Votes 30,659 96 4,701 179 35,635
Mail Ballot Designated Polling Place Provisional Total
Mail Ballot
Unresolved Write-In 0 0 0 0 0
State Senator District 25 (Vote for 1)
Precincts Reported: 86 of 86 (100.00%)
Mail Ballot Designated M Polling Place Provisional Total Times Cast 14,742 49 2,245 49 17,085 / 42,732 39.98%
Undervotes 953 1 158 4 1,116
Overvotes 4 0 2 0 6
Candidate Mail Ballot Designated Polling Place Provisional Total Mail Ballot
YVONNE YIU 1,701 2 . 137 8 1,848 11.58%,
TEDDY CHOI 340 37 3 381 2.39%
SASHA RENEE PEREZ 2,426 5 165 5 2,601 16.29%
ELIZABETH WONG AHLERS 8,083 31 1,619 22 9,755 61.11%
SANDRA ARMENTA 1,235 9 127 7 1,378 8.63%
Total Votes 13,785 48 2,085 45 15,963
Mail Ballot Designated Polling Place Provisional Total
Mail Ballot
Unresolved Write -In 0 0 0 0 0
301
Page: 12 of 31 3/29/2024 1 :14:24 PM
State Senator District 29 (Vote for 1)
Precincts Reported: 825 of 825 (100.00%)
Mail Ballot Designated M Polling Place Provisional Total Times Cast 93,255 65 12,389 463 106,172 / 488,119 21.75% UndeNotes 5,241 3 758 57 6,059
OveNotes 134 0 14 0 148
Candidate Mail Ballot Designated Polling Place Provisional Total Mail Ballot
CARLOS A. GARCIA 26,525 22 5,258 142 31,947 31.96%-

KATHLEEN TORRES
HAZELTON 10,772 17 2,131 76 12,996 13.00%
JASON O'BRIEN 9,051 7 941 46 10,045 10.05%
ELOISE GOMEZ REYES 41,532 16 3,287 142 44,977 44.99%
Total Votes 87,880 62 11,617 406 99,965
Mail Ballot Design ated Polling Place Provisional Total Mail Ballot
Unresolved Write-In 0 0 0 0 0
State Senator District 31 (Vote for 1)
Precincts Reported: 5 of 5 (100.00%)
Mail Ballot Designated M Polling Place Provisional Total Times Cast 1,223 0 206 4 1,433 / 8,039 17.83%'
UndeNotes 44 0 22 0 66
OveNotes 0 0 0
Candidate Mail Ballot Designated Polling Place Provisional Total Mail Ballot
ANGELO FAROOQ 187 0 18 206 15.08%
SABRINA CERVANTES 564 0 62 0 626 45.83%
CYNTHIA NAVARRO 427 0 104 3 534 39.09%
Total Votes 1,178 0 184 4 1,366
Mail Ballot Designated Polling Place Provisional Total
Mail Ballot
Unresolved Write-I n 0 0 0 0 0
302
Page: 13 of 31 3/29/2024 1:14:24 PM
Member of the State Assembly District 34 (Vote for 1)
Precincts Reported: 1,056 of 1,056 (100.00%)
Mail Ballot Designated M Polling Place Provisional Total Times Cast 46,509 1,101 7,884 324 55,818 / 173,304 , 32.21% UndeNotes 2,674 57 466 43 3,240
Overvotes 5 0 2 0 7
Candidate Mail Ballot Designated Polling Place Provisional Total Mail Ballot
TOM LACKEY 27,544 795 6,016 192 34,547 65.71%
RICARDO ORTEGA 16,286 249 1,400 89 18,024 34.29%
Total Votes 43,830 1,044 7,416 281 52,571
Mail Ballot Designated Polling Place Provisional Total
Mail Ballot
Unresolved Write-In 0 0 0 0 0
Member of the State Assembly District 36 (Vote for 1)
Precincts Reported: 11 of 11 (100.00%)
Mail Ballot Designated M Polling Place Provisional lotal Times Cast 853 6 128 5 992 I 2,921 33.96%
UndeNotes 70 0 9 80
OveNotes 0 0 0
Candidate Mail Ballot Designated Polli ng Place Provisional Total Mail Ballot
KALIN MORSE 158 0 40 199 21.84%
WAYMOND FERMON 58 0 3 0 61 6.70%
ERIC L. RODRIGUEZ 41 0 5 47 5.16%
TOMAS OLIVA 60 0 5 0 65 7.14%
/
JEFF GONZALEZ 292 2 51 346 37.98%
EDGARD GARCIA 41 2 0 44 4.83%
JOSE "JOEY" ACUNA JR. 132 3 13 149 16.36%.

Total Vote s 782 6 119 4 911
Mail Ballot Designated Polling Place Provisional Total
Mail Ballot
Unresolved Write-In 0 0 0 0 0
303
Page: 14 of 31 3/29/2024 1:14:24 PM
Member of the State Assembly District 39 (Vote for 1)
Precincts Reported: 141 of 141 (100.00%)
Mail Ballot Designated M Polling Place Provisional Total Times Cast 16,129 5 2,158 95 18,387 / 100,925 18.22%·
Undervotes 1,350 0 165 10 1,525
Overvotes 6 0 2 0 8
Candidate Mail Ballot Designated Polling Place Provisional Total Mail Ballot
PAUL ANDRE MARSH 7,076 4 1,347 53 8,480 50.31%
JUAN CARRILLO VENTURA 7,697 644 32 8,374 49.69%
Total Votes 14,773 5 1,991 85 16,854
Mail Ballot Designated Polling Place Provisional Total
Mail Ballot
Unresolved Write -In 0 0 0 0 0
Member of the State Assembly District 41 (Vote for 1)
Precincts Reported: 173 of 173 (100.00%)
Mail Ballot Designated M Polling Place Provisional Total Times Cast 28,289 51 4,322 104 32,766 / 83,734 39.13%
Undervotes 2,225 2 345 17 2,589
Overvotes 11 0 10 0 21
Candidate Mail Ballot Designated Polling Place Provisional Total Mail Ballot
MICHELLE DEL ROSARIO 15,579 32 3,202 59 18,872 62.58% MARTINEZ JOHN HARABEDIAN 6,459 5 458 14 6,936 23.00%
JED LEANO 2,417 194 6 2,618 8.68%,
PHLUNTE RIDDLE 1,598 11 113 8 1,730 5.74%
Total Votes 26,053 49 3,967 87 30,156
Mail Ballot Designated Polling Place Provisional Total
Mail Ballot
Unresolved Write-In 0 0 0 0 0
304
Page: 15 of 31 3/29/2024 1 :14:24 PM
Member of the State Assembly District 45 (Vote for 1)
Precincts Reported: 514 of 514 (100.00%)
Mail Ballot Designated M Polling Place Provisional Total Times Cast 43,347 79 5,773 229 49,428 / 249,149 19.84%, Undervotes 14,547 32 2,610 73 17,262
Overvotes 5 0 0 6
Candidate Mail Ballot Designated Polling Place Provisional Total Mail Ballot
JAMES C. RAMOS 28,528 47 3,096 155 31,826 98.96%
Total Votes 28,795 47 3,162 156 32,160
Mail Ballot Designated Polling Place Provisional Total
Mail Ballot
Scott P. Olson WRITE-IN 267 0 66 334 1.04%
Unresolved Write -In 0 0 0 0 0
Member of the State Assembly District 4 7 (Vote for 1)
Precincts Reported: 288 of 288 (100.00%)
Mail Ballot Designated M Polling Place Provisional Total Times Cast 24,422 627 3,551 100 28,700 I 73,165 39.23%
Undervotes 1,177 32 217 13 1,439
Overvotes 7 0 0 0 7
Candidate Mail Ballot Designated Polling Place Provisional Total Mail Ballot
CHRISTY HOLSTEGE 8,355 189 507 20 9,071 33.28%
GREG WALLIS 14,030 385 2,711 63 17,189 63.07%
JAMIE SWAIN 853 21 116 4 994 3.65%
Total Votes 23,238 595 3,334 87 27,254
Mail Ballot Designated Polling Place Provisional Total
Mail Ballot
Unresolved Write-In 0 0 0 0 0
305
Page: 16 of 31 3/29/2024 1 :14:24 PM
Member of the State Assembly District 50 (Vote for 1)
Precincts Reported: 358 of 358 (100.00%)
Mail Ballot Designated M Polling Place Provisional Total Times Cast 51,694 2 6,913 286 58,895 / 255,473 23.05%
Undervotes 12,991 2,415 101 15,508
Overvotes 58 0 5 0 63
Candidate Mail Ballot Designated Polling Place Provisional Total Mail Ballot
ROBERT GARCIA 16,411 0 1,683 82 18,176 41.95%
DEJONAE MARIE SHAW 10,863 0 1,271 60 12,194 28.15%
ADAM PEREZ 11,076 1,441 39 12,557 28.98%
Total Votes 38,645 4,493 185 43,324
Mail Ballot Designated Polling Place Provisional Total
Mail Ballot
Sharon Lyn Stein WRITE-IN 295 0 98 4 397 0.92%
Unresolved Write-In 0 0 0 0 0
Member of the State Assembly District 53 (Vote for 1)
Precincts Reported : 203 of 203 (100.00%)
Mail Ballot Designated M Polling Place Provisional Total Times Cast 35,645 4,835 206 40,687 I 167,345 24.31%
Undervotes 1,797 0 283 15 2,095
Overvotes 64 0 14 0 78
Candidate Mail Ballot Designated Polling Place Provisional Total Mail Ballot
JAVIER HERNANDEZ 5,475 0 478 22 5,975 15.51%
ROBERT S. TORRES 5,334 0 493 27 5,854 15.20%
MICHELLE RODRIGUEZ 6,764 0 599 25 7,388 19.18%,
NICK WILSON 15,388 2,863 107 18,359 47.67%
CARLOS GOYTIA 823 0 105 10 938 2.44%
Total Votes 33,784 4,538 191 38,514
Mail Ballot Designated Polling Place Provisional Total
Mail Ballot
Unresolved Write-In 0 0 0 0 0
306
Page: 17 of 31 3/29/2024 1 :14:24 PM
Member of the State Assembly District 58 (Vote for 1)
Precincts Reported : 7 of 7 (100.00%)
Mail Ballot Designated M Polling Place Provisional Total Times Cast 2,205 0 294 15 2,514 / 7,828 32.12%
Undervotes 150 0 19 170
Overvotes 2 0 0 0 2
Candidate Mail Ballot Designated Polling Place Provisional Total Mail Ballot
RONALDO FIERRO 481 0 28 5 514 21.95%
CLARISSA CERVANTES 592 0 49 2 643 27.46%
LETICIA CASTILLO 980 0 198 7 1,185 50.60%
Total Votes 2,053 0 275 14 2,342
Mail Ballot Designated Polling Place Provisional Total
Mail Ballot
Unresolved Write-In 0 0 0 0 0
Member of the State Assembly District 59 (Vote for 1)
Precincts Reported: 73 of 73 (100.00%)
Mail Ballot Designated M Polling Place Provisional Total Times Cast 15,365 0 1,774 60 17,199 / 52,461 32.78%
Undervotes 632 0 74 3 709
Overvotes 2 0 0 0 2
Candidate Mail Ballot Designated Polling Place Provisional Total Mail Ballot
PHILLIP CHEN 8,987 0 1,244 37 10,268 62.28%
DAVE OBRAND 5,744 0 456 20 6,220 37.72%
Total Votes 14,731 0 1,700 57 16,488
Mail Ballot Designated Polling Place Prov1s1onal Total
Mail Ballot
Unresolved Write -In 0 0 0 0 0
307
Page: 18 of 31 3/29/2024 1 :14:24 PM
County of San Bernardino Member, Democratic Central Committee District 45 (Vote for 6)
DEM
Precincts Reported : 514 of 514 (100.00%)
Times Cast
Undervotes
Overvotes
Candidate

FRANK GARCIA
JAMES R. ALBERT
MARK J. ALVAREZ

RAFAEL TRUJILLO

STEPHANIE LIGGINS
SHANNON L. O'BRIEN
JENNIFER B. XICARA

TIM PRINCE
CHRISTINA M. MARQUEZ

ED MILLICAN
Total Votes
Unresolved Write -In
Mail Ballot
22,614
68,777
264
Mail Ballot
5,475
3,510
3,454
9,475
8,071
5,301
8,818
5,838
9,508
7,193
66,643
Mail Ballot
0 Designated M Polling Ptace
26 2,013
98 6,709
0 30
Designated Polling Place
Mail Ballot
7 545
2 302
5 317
4 745
7 631
2 432
6 693
9 394
7 777
9 503
58 5,339
Designated Polling Place
Mail Ballot
0 0
Provisional Total
103 24,756 / 116,444 21.26%
352 75,936
0 294
Provisional Total
31 6,058 8.38%
16 3,830 5.30%
14 3,790 5.24%
39 10,263 14.19%
31 8,740 12.09%
19 5,754 7.96%
31 9,548 13.20%
20 6,261 8.66% .
40 10,332 14.29%
25 7,730 10.69%
266 72,306
Provisional 1otal
0 0
308
Page: 19 of 31 3/29/2024 1 :14:24 PM
County of San Bernardino Member, Democratic Central Committee District 50 (Vote for 6)
DEM
Precincts Repo rted : 358 of 358 (100.00%)
Mail Ballot Designated M Polling Place Prov1s1onal Total Times Cast 25,156 0 2,181 84 27,421 / 116,184 23.60%
UndeNotes 77,470 0 7,275 332 85,077
OveNotes 210 0 24 0 234
Candidate Mail Ballot Designated Polling Place Provisional Total Mail Ballot
NANCY GLENN 11 ,079 0 894 26 11,999 15.15%
KAREEM G6NGORA 6,608 0 500 18 7,126 9.00%'
TARIQ AZIM 5,437 0 418 20 5,875 7.42%'
BOBBI JO CHAVARRIA 3,336 0 272 9 3,617 4.57%
LORRAINE ENRIQUEZ 4,918 0 387 6 5,311 6.70%
KRISTIN WASHINGTON 2,850 0 243 10 3,103 3.92%
KASSANDRA WILSON 10,538 0 836 24 11,398 14.39%
CHRISTIAN T. SHAUGHNESSY 7,525 0 575 16 8,116 10.25%
STACEY MARIE RAMOS 6,881 0 531 16 7,428 9.38%
CHRIS "CHRISTOPHER"
9,489 0 ROBLES 745 14 10,248 12.94%
IWONA M . ROBERTS 4,595 0 386 13 4,994 6.30%
Total Votes 73,256 0 5,787 172 79,215
Mail Ballot Designated Polling Place Provisional Total
Mail Ballot
Unresolved Write-In 0 0 0 0 0
309
Page: 20 of 31 3/29/2024 1:14:24 PM
County of San Bernardino Member, Democratic Central Committee District 53 (Vote for 6)
DEM
Precincts Reported : 203 of 203 (100.00%)
Mail Ballot Designated M Polling Place Provisional Total Times Cast 16,576 0 1,530 60 18,166 /75,780 23.97%
Undervote s 51,901 0 5,314 210 57,425
Overvotes 222 0 18 0 240
Candidate Mail Ballot Designated Polling Place Provisional Total Mail Ballot
MARIAN ARGUELLO 3,629 0 256 13 3,898 7.59%
JOCELYN BETANCOURT 4,382 0 358 20 4,760 9.27% HERRADA
TINA M. SILVA 1,804 0 173 8 1,985 3.87%
STEPHANO PADILLA 1,465 0 146 5 1,616 3.15%.

MARTINA RANGEL ORTEGA 4,059 0 323 16 4,398 8.57%
JOSE ARMANDO 4,843 0 414 12 5,269 10.26% RODRIGUEZ
CLAUDIA I SABEL RODRIGUEZ 6,893 0 581 24 7,498 14.61%
HECTOR D. MARTINEZ 2,946 0 271 9 3,226 6.28%
FLORA MARTINEZ 9,003 0 704 23 9,730 18.96%
BRYAN MILLIGAN 2,872 0 218 6 3,096 6.03%
LUCIANO QUEZADA 5,437 0 404 14 5,855 11.41%'
Total Votes 47,333 0 3,848 150 51,331
Mail Ballot Designated Polling Place Provisional Total
Mail Ballot
Unresolved Write-In 0 0 0 0 0
310
Page: 21 of 31 3/29/2024 1 :14:24 PM
County of San Bernardino Member, Republican Central Committee District 1 (Vote for 7)
REP
Precincts Reported: 487 of 487 (100.00%)
Mail Ballot Designated M Polling Place Provisional Total Times Cast 24,492 293 5,226 162 30,173 / 78,104 38.63%
Undervotes 118,783 1,455 26,588 796 147,622
Overvotes 259 14 7 0 280
Candidate Mail Ballot Designated Polling Place Provisional Total Mail Ballot
DAKOTA HIGGINS 7,388 83 1,340 54 8,865 14.00%:

LEYDA R. FERNANDEZ 2,939 33 622 28 3,622 5.72%
VALERIE EMICK 4,113 32 754 25 4,924 7.78%
SHANNON SHANNON 6,585 81 1,367 so 8,083 12.77%
SAMUEL JOSEPH SHOUP 4,515 54 802 32 5,403 8.53%
ERIC M. SWANSON 6,808 75 1,159 56 8,098 12.79%
REBEKAH J. SWANSON 5,944 62 1,037 38 7,081 11.18%
THURSTON "SMITTY" SMITH 14,110 162 2,906 55 17,233 27.22% Total Votes 52,402 582 9,987 338 63,309
Mail Ballot Designated Polling Place Provisional Total
Mail Ballot
Unresolved Write-In 0 0 0 0 0
311
Page: 22 of 31 3/29/2024 1 :14:24 PM
County of San Bernardino Member, Republican Central Committee District 2 (Vote for 7)
REP
Precincts Reported : 323 of 323 (100.00%)
Mail Ballot Designated M Polling Place Provisional Total Times Cast 24,420 16 4,992 145 29,573 / 73,366 40.31%
Undervotes 80,660 60 18,558 716 99,994
Overvotes 287 0 56 0 343
Candidate Mail Ballot Designated Polling Place Provisional Total Mail Ballot
AGNES GIBBONEY 6,509 2 1,066 21 7,S98 7.12%
MARK GIBBONEY 11,760 2 2,341 55 14,158 13.27% "
WENDY D. GISH 5,140 4 984 12 6,140 5.76%
MARY HEIL 4,990 2 793 12 5,797 5.43%
DANIELLE HOLLEY 7,357 7 1,438 35 8,837 8.28%
MALENE LEE 4,678 2 719 16 5,415 5.08%
LUIS CETINA 6,086 4 1,025 17 7,132 6.69%
PHILLIP WAYNE COTHRAN JR 7,834 3 1,416 27 9,280 8.70%
PHIL COTHRAN 8,637 6 1,713 32 10,388 9.74%
ROBERT MICHAEL FEKAY 4,664 3 741 6 5,414 5.08%
CATHERINE LORRAINE SAGE- 4,910 2 772 11 5,695 5.34% LARA ROSS SEVY 7,510 s 1,463 24 9,002 8.44%
JOSEPH EDWARD 4,155 4 833 9 5,001 4.69% MONTALVO
AMANDA MORALES 5,763 6 1,026 22 6,817 6.39%
Total Votes 89,993 52 16,330 299 106,674
Mail Ballot Designated Polling Place Provisional Total
Mail Ballot
Unresolved Write-In 0 0 0 0 0
312
Page: 23 of 31 3/29/2024 1 :14:24 PM
County of San Bernardino Member, Republican Central Committee District 3 (Vote for 9)
REP
Precincts Reported: 1,256 of 1,256 (100.00%)
Mail Ballot Designated M Polling Place Provisional Total Times Cast 31,652 736 6,976 233 39,597 / 88,479 44.75%
Undervotes 184,861 4,397 43,205 1,428 233,891
Overvotes 666 9 135 18 828
Candidate Mail Ballot Designated Polling Place Provisional Total Mail Ballot
DANIEL B. GULBRANSON 2,659 64 639 28 3,390 2.79%
GALE HUNT 4,406 101 947 43 5,497 4.52% .

CHUCK HICKS 10,218 226 2,126 72 12,642 10.39% '
TRAVIS HIBBS 3,885 98 743 29 4,755 3.91%
MARGARETE. TIEFENTHALER 2,204 56 506 28 2,794 2.30%
PENNY T. LILBURN 9,686 181 1,620 49 11,536 9.48%
PAUL FOURNIER 8,390 199 2,027 69 10,685 8.78% .

BONNIE 5. SHAFFER 2,849 64 609 33 3,555 2.92%
MICHEL.LE SABINO 7,878 185 1,500 44 9,607 7.90%
KATHLEEN M. STAUNTON 5,110 111 894 36 6,151 5.06%
ALEXA M. SONCK 5,118 105 823 29 6,075 4.99%
SIDNEY SONCK 2,645 56 427 11 3,139 2.58%
CHRISTINE SMITH 3,180 72 683 22 3,957 3.25%
OVIDIU POPESCU 6,604 157 1,218 22 8,001 6.58%
RHODES L. RIGSBY 9,998 218 1,811 49 12,076 9.93%
PAUL RICHARD KIELHOLD 6,645 135 1,095 26 7,901 6.49%
ROBERTA VIRGINIA 5,602 118 1,198 42 6,960 5.72% MARTINEZ DAVID ALAN MARKO 2,264 72 578 19 2,933 2.41%
Total Votes 99,341 2,218 19,444 651 121,654
Mail Ballot Designated Polling Place Provisional Total
Mail Ballot
Unresolved Write-In 0 0 0 0 0
313
Page: 24 of 31 3/29/2024 1 :14:24 PM
County of San Bernardino Member, Republican Central Committee District 4 (Vote for 6)
REP
Precincts Reported: 310 of 310 (100.00%)
Mail Ballot Designated M Polling Place Provisional Total Times Cast 22,142 0 4,011 156 26,309 / 64,753 40.63%
Undervotes 80,100 0 15,848 573 96,521
Overvotes 114 0 36 0 150
Candidate Mail Ballot Designated Polling Place Provisional Total Mail Ballot
CAROL HOUGHTON 6,217 0 979 41 7,237 11.83%
TONI HOLLE 5,157 0 741 26 5,924 9.68%
JEFFREY HOLLE 4,015 0 649 30 4,694 7.67%
ROBERT BERNARD TORMEY 3,931 0 583 23 4,537 7.42%
BRIAN JOHSZ 8,943 0 1,431 72 10,446 17.07%
BENJAMIN "BEN" LOPEZ 6,101 0 931 44 7,076 11.57%.

ROMAN GABRIEL NAVA 6,215 0 1,126 49 7,390 12.08%;
KATHERINE KOLCHEVA 4,466 0 597 30 5.093 8.32% '
DAVID JAMES MATZA 3,544 0 478 26 4,048 6.62%
MATTHEW GARY MUNSON 4,049 0 667 22 4,738 7.74%
Total Votes 52,638 0 8,182 363 61,183
Mail Ballot Designated Polling Place Provisiona I Total Mail Ballot
Unresolved Write-In 0 0 0 0 0
County of San Bernardino Member, Republican Central Committee District 5 (Vote for 3)
REP
Precincts Reported: 448 of 448 (100.00%)
Mail Ballot Designated M Polling Place Provisional Total Times Cast 9,383 47 1,980 78 11,488 / 41,921 27.40%
Undervotes 15,209 55 3,469 143 18,876
Overvotes 12 0 6 3 21
Candidate Mail Ballot Designated Polling Place Provisional Total Mail Ballot
JANICE HAUSER 1,637 4 307 12 1,960 12.59%
DOUGLAS LEE HAUSER 2,068 10 389 13 2,480 15.93%
HENRY NICKEL 2,382 22 458 11 2,873 18.46%.

FRED SHORETT 2,681 20 424 11 3,136 20.15%
ROBERT FRANCIS REGO 2,965 17 685 33 3,700 23.77% .

DAVID MLYNARSKI 1,195 13 202 8 1,418 9.11%
Total Votes 12,928 86 2,465 88 15,567
Mail Ballot Designated Polling Place Provisional Total
Mail Ballot
Unresolved Write-In 0 0 0 0 0
314
Page: 25 of 31 3/29/2024 1 :14:24 PM
Judge of the Superior Court Office 15 (Vote for 1)
Precincts Reported: 2,824 of 2,824 (100.00%)
Mail Ballot Designated M Polling Place Provisional Total Times Cast 264,458 1,872 37,632 1,424 305,386 I 1,166,305 26.18% Undervotes 45,668 416 7,917 269 54,270
Overvotes 80 0 10 0 90
Candidate Mail Ballot Designated Polling Place Provisional Total Mail Ballot
MICHELLE A. LAURON 169,509 1,116 22,340 823 193,788 77.20% DIETER CARLOS DAMM El ER 49,201 340 7,365 332 57,238 22.80% Total Votes 218,710 1,456 29,705 1,155 251,026
Mail Ballot Designated Polling Place Provisional Total
Mail Ballot
Unresolved Write-In 0 0 0 0 0
Chaffey Community College District Member, Governing Board Area 3 (Vote for 1)
Precincts Reported: 71 of 71 (100.00%)
Mail Ballot Designated M Polling Place Provisional Total Times Cast 15,354 0 1,990 83 17,427 / 93,047 18.73%
l
Undervotes 2,615 0 398 20 3,033
Overvotes 4 0 0 5
Candidate Mail Ballot Designated Polling Place Provisional Total Mail Ballot
JENNIFER M. CARDENAS 5,018 0 655 27 5,700 39.61%
LEE CHARLES MCDOUGAL 7,717 0 936 36 8,689 60.39%
Total Votes 12,735 0 1,591 63 14,389
Mail Ballot Designated Polling Place Provisional Total
Mail Ballot
Unresolved Write-In 0 0 0 0 0
County of San Bernardino Member, Board of Supervisors District 1 (Vote for 1) Precincts Reported: 487 of 487 (100.00%)
Mail Ballot Designated M Polling Place Provisional Total Times Cast 48,314 478 7,469 271 56,532 / 224,679 25.16% Undervotes 4,452 48 769 39 5,308
Overvotes 21 0 3 0 24
Candidate Mail Ballot Designated Polling Place Provisional Total Mail Ballot
CLIFTON HARRIS 5,143 so 778 41 6,012 11.74%
MARCUS HERNANDEZ 7,347 so 679 29 8,105 15.83%
PAUL COOK 27,858 290 4,432 115 32,695 63.86%
RAFAEL A. PORRAS 3,493 40 808 47 4,388 8.57%
Total Votes 43,841 430 6,697 232 51,200
Mail Ballot Designated Polling Place Provisional Total
Mail Ballot
Unresolved Write-In 0 0 0 0 0
315
Page: 26 of 31 3/29/2024 1 :14:24 PM
County of San Bernardino Member, Board of Supervisors District 3 (Vote for 1) Precincts Reported: 1,256 of 1,256 (100.00%)
Mail Ballot Designated M Polling Place Provisional Total Times Cast 68,914 1,281 10,660 434 81,289 / 238,746 34.05% Undervotes 8,613 185 1,571 97 10,466
Overvotes 85 3 0 89
Candidate Mail Ballot Designated Polling Place Provisional Total Mail Ballot
CHRIS CARRILLO 13,380 167 1,513 78 15,138 21.40%
ROBERT W. BLOCK 4,431 82 1,086 56 5,655 7.99%
GRAHAM M. SMITH 6,950 154 1,288 46 8,438 11.93%
DAWN ROWE 35,455 692 5,199 157 41,503 58.67%
Total Votes 60,216 1,095 9,086 337 70,734
....

Mail Ballot Designated Polling Place Provisional Total
Mail Ballot
Unresolved Write -In 0 0 0 0 0
County of San Bernardino Memb~r, Board of Supervisors District 5 (Vote for Precincts Reported: 448 of 448 (100.00%)
Times Cast
Undervotes
Overvotes
Candidate

JOE BACA JR
Total Votes
Unresolved Write -In
Mail Ballot
32,285
9,198
7 Mail Ballot
23,080
23,080
Mail Ballot
0 Designated M
81 37
0 Designated
Mail Ballot
44 44
Designated
Mail Ballot
0 Polling Place Provisional Total
4,227 180 36,773 I 208,321
1,555 51 10,841
0 0 7
Polling Place Provisional Total
2,672 129 25,925
2,672 129 25,925
Polling Place Provisional Total
0 0 0
City of Loma Linda Member, City Council District 1 (Vote for 1) Precincts Reported: 5 of 5 (100.00%)
Mail Ballot Designated M Polling Place Provisional Total Times Cast 494 0 71 4 569 / 2,211
Undervotes 37 0 8 46
Overvotes 0 0 0 0 0
Candidate Mail Ballot Designated Polling Place Provisional Total Mail Ballot
BHAVIN JINDAL 226 0 29 3 258
OVIDIU "OVI" POPESCU 231 0 34 0 265
Total Votes 457 0 63 3 523
Mail Ballot Designated Polling Place Provisional Total
Mail Ballot
Unresolved Write-In 0 0 0 0 0

17.65%
100.00%

25.73%

49.33% .

50.67%.
1)
316
Page: 27 of 31 3/29/2024 1:14:24 PM
City of Loma Linda Member, City Council District 4 (Vote for 1) Precincts Reported: 5 of 5 (100.00%)
Mail Ballot Designated M Polling Place Provisional Total Times Cast 925 0 131 16 1,072 /3, 158 33.95%
Undervotes 120 0 18 2 140
Overvotes 0 0 0
Candidate . Mail Ballot Designated Polling Place Provisional Total Mail Ballot
JOHN LENART 282 0 42 8 332 35.66%
RHONDA K. SPENCER- 522 0 71 6 599 64.34% HWANG
Total Votes 804 0 113 14 931
Mail Ballot Designated Polling Place Prov1s1onal Total
Mail Ballot
Unresolved Write -In 0 0 0 0 0
City of Loma Linda Member, City Council District 5 (Vote for 1) Precincts Reported: 8 of 8 (100.00%)
Mail Ballot Designated M Polling Place Provisional Total Times Cast 825 0 135 6 966 / 2,664 36.26%
Undervote s 93 0 12 106
Overvotes 0 0 0
Candidate Mail Ballot Designated Polling Place Provisional Total Mail Ballot
JUAN CARLOS "JC" BELLIARD 308 0 49 3 360 41.91%
RHODES RIGSBY 423 0 74 2 499 58.09%
Total Votes 731 0 123 5 859
Mail Ballot Designated Polling Place Provisional Total
Mail Ballot
Unresolved Write-In 0 0 0 0 0
317
Page: 28 of 31 3/29/2024 1 :14:24 PM
City of San Bernardino Member, City Council Ward 3 (Vote for 1) Precincts Reported: 49 of 49 (100.00%)
Mail Ballot Designated M Polling Place Provisional Total Times Cast 1,965 0 220 8 2,193 / 14,045 15.61%
Undervote s 210 0 45 4 259
OveNotes 3 0 0 0 3
Candidate Mail Ballot Designated Polling Place Provisional Total Mail Ballot
JUAN FIGUEROA 927 0 98 3 1,028 53.24%
CHRISTIAN T. SHAUGHNESSY 825 0 77 903 46.76%
Total Vote s 1,752 0 175 4 1,931
Mail Ballot Designated Polling Place Provisional Total
Mail Ballot
Unresolved Writ e-In 0 0 0 0 0
City of San Bernardino Member, City Council Ward 5 (Vote for 1) Precincts Reported: 18 of 18 (100.00%)
Mail Ballot Designated M Polling Place Provisional Total Times Cast 3,677 0 474 19 4,170/ 17,139 24.33%
Undervotes 255 0 29 2 286
Overvotes 6 0 0 0 6
Candidate Mail Ballot Designated Polling Place Provisional Total Mail Ballot
HENRY NICKEL 819 0 152 3 974 25.12%
ROSE WARD 142 0 20 0 162 4.18%
BEN REYNOSO 734 0 76 2 812 20.94%
CHAS A. KELLEY 439 0 48 3 490 12.64%
KIM KNAUS 1,282 0 749 9 1,440 37.13%.

Total Votes 3,416 0 445 17 3,878
Mail Ballot Designated Polling Place Provision al Total Mail Ballot
Unresolved Write-In 0 0 0 0 0
318
Page: 29 of 31 3/29/2024 1 :14:24 PM
City of San Bernardino Member, City Council Ward 6 (Vote for 1) Precincts Reported: 39 of 39 (100.00%)
Mail Ballot Designated M Polling Place Provisional Total Times Cast 1,807 0 177 21 2,005 I 14,371 13.95%
Undervotes 179 0 21 5 205
Overvotes 3 0 0 0 3
Candidate Mail Ballot Designated Polling Place Provisional Total Mail Ballot
MARIO FLORES 842 0 88 9 939 52.25%
BESSINE LITTLEFIELD 531 0 49 5 585 3255% RICHARD
Total Votes 1,625 0 156 16 1,797
Mail Ballot Designated Polling Place Provisional Total
Mail Ballot
Kimberly Calvin WRITE-IN 252 0 19 2 273 15.19%.

Unresolved Write-In 0 0 0 0 0
City of San Bernardino Member, City Council Ward 7 (Vote for 1) Precincts Reported: 15 of 15 (100.00%)
Mail Ballot Designated M Polling Place Provisional Total Times Cast 2,655 0 429 17 3,101 / 15,253 20.33%
Undervotes 184 0 31 2 217
Overvotes 2 0 0 0 2
Candidate Mail Ballot Designated Polling Place Provisiona l Total Mail Ballot
DAMON L. ALEXANDER 719 0 134 7 860 29.84%
TREASURE ORTIZ 990 0 130 5 1,125 39.04%.

JAMES F. "JIM" PENMAN 760 0 134 3 897 31.12%
Total Votes 2,469 0 398 15 2,882
Mail Ballot Designated Polling Place Provisional Total
Mail Ballot
Unresolved Write-In 0 0 0 0 0
319
Page: 30 of 31 3/29/2024 1 :14:24 PM
San Bernardino County PROPOSITION 1 (Vote for 1)
Precincts Reported: 2,824 of 2,824 (100.00%)
Mail Ballot Designated M Polling Place Provisional Total Times Cast 264,458 1,872 37,632 1,424 305,386 I 1,166,305 26.18% Undervotes 15,259 84 2,372 83 17,798
Overvotes 37 2 5 0 44
Candidate Mail Ballot Designated Polling Place Provisional Total Mail Ballot
YES 112,385 614 11,684 637 125,320 43.58%
NO 136,777 1,172 23,571 704 162,224 56.42%
Total Votes 249,162 1,786 35,255 1,341 287,544
Mail Ballot Designated Polling Place Provisional Total
Mail Ballot
Unresolved Write-In 0 0 0 0 0
City of Adelanto MEASURE U (Vote for 1)
Precincts Reported: 25 of 25 (100.00%)
Mail Ballot Designated M Polling Place Provisional Total Times Cast 2,130 0 280 9 2,419 / 15,665 15.44%
Undervotes 54 0 5 0 59
Overvotes 0 0 0
Candidate Mail Ballot Designated Polling Place Provisional Total Mail Ballot
YES 738 0 82 5 825 34.97%
NO 1,337 0 193 4 1,534 65.03%
Total Votes 2,075 0 275 9 2,359
Mail Ballot Designated Polling Place Provisional Total
Mail Ballot
Unresolved Write-In 0 0 0 0 0
City of Chino MEASURE V (Vote for 1)
Precincts Reported: 68 of 68 (100.00%)
Mail Ballot Designated M Polling Place Provisional Total Times Cast 12,699 0 1,649 85 14,433 / 50,254 28.72%
Undervotes 415 0 74 7 496
Overvotes 0 0 2 0 2
Candidate Mail Ballot Designated Polling Place Provisional Total Mail Ballot
YES 7,462 0 871 52 8,385 60.17%
NO 4,822 0 702 26 5,550 39.83%:

Total Votes 12,284 0 1,573 78 13,935
Mail Ballot Designated Polling Place Provisional Total
Mail Ballot
Unresolved Write-In 0 0 0 0 0
320
Page: 31 of 31 3/29/2024 1 :14:24 PM
City of Colton MEASURE T (Vote for 1)
Precincts Reported: 51 of 51 (100.00%)
Mail Ballot Designated M Polling Place Provisional Total Times Cast 4,362 0 629 23 5,014 / 26,240 19.11%
Undervotes 269 0 56 5 330
Overvotes 2 0 0 3
Candidate Mail Ballot Designated Polling Place Provisional Total Mail Ballot
YES 2,029 0 277 13 2,319 49.54%
NO 2,062 0 295 5 2,362 50.46%
Total Votes 4,091 0 572 18 4,681
Mail Ballot Designated Polling Place Provisional Total
Mail Ballot
Unresolved Write-In 0 0 0 0 0
San Bernardino County Fire Protection District MEASURE W (Vote for 1) Precincts Reported: 1,456 of 1,456 (100.00%)
Mail Ballot Designated M Polling Place Provisional Total Times Cast 79,825 1,464 12,253 513 94,055 / 351,517 26.76% Undervotes 4,411 67 852 56 5,386
Overvotes 27 0 3 0 30
Candidate Mail Ballot Designated Polling Place Provisional Total Mail Ballot
YES 32,211 773 5,393 217 38,594 43.54%
NO 43,176 624 6,005 240 50,045 56.46%
Total Votes 75,387 1,397 11,398 457 88,639
Mail Ballot Designated Polling Place Provisional Total
Mail Ballot
Unresolved Write-In 0 0 0 0 0
321

ORDINANCE NO. 2024-007

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

CALIFORNIA, ESTABLIS HING A TRANSACTIONS AND USE TAX TO BE

ADMINISTERED BY THE CALIFORNIA DEPARTMEN T OF TAX AND FEE

ADMINISTRATION

THE PEOPLE OF THE CITY OF CHINO DO HEREBY ORDAIN AS FOLLOWS:

WHEREAS, Article XIIIC, Section 2 of the California Constitution authorizes a city to impose a general tax if approved by a majority vote of the qualified electors; and WHEREAS, pursuant to Article XIIIC, the general tax may be approved at a special election in cases of emergency with the unanimous approval of the governing body; and WHEREAS, Part 1.6 (commencing with Section 7251) of Division 2 of the California Revenue and Taxation Code, and Section 7285.9 of the California Revenue and Taxation Code, authorizes a city to adopt a transactions and use (sales) tax ordinance, which shall be operative if a majority of the electors voting on the measure vote to approve the imposition of the tax at an election called for that purpose; and
WHEREAS, the City of Chino (“City”) faces severe budget pressures due to continued increases in operating expenditures significantly outpacing increases in revenue; and WHEREAS, protecting the City’s long-term financial stability is key to maintaining essential city services for residents and businesses, including police, 911 emergency medical respon se, street repair, clean local drinking water, clean and safe public areas, while addressing homelessness, and maintaining senior, veteran, and youth programming; and WHEREAS, the City is facing a financial crisis. The City is projecting a structural deficit of $15 million on average annually starting in fiscal year 2024-2025. In Fiscal Year 2023-2024, the City shortfall was $5.7 million, with reserves covering the difference; and

WHEREAS, based on the current Fiscal Year (FY) 2023-2025 budget, which outlines $118 million and $118.7 million in expenditures for the FY 2023 -2024 and FY 2024 -2025 budgets, respectively, it is estimated that the City’s current needs require an additional $15 million on average annually, which would deplete the $73 million curren tly in reserves today by FY 2028 - 29; and
WHEREAS, the City Council undertook a financially responsible approach to overcoming hurdles in the years during and after the recession and COVID-19 to balance the budget, which included reducing the City’s workfor ce, eliminating programs, and deferring repairs and maintenance; and

WHEREAS, while having an operationally balanced budget, the City has approximately $260 million in unfunded infrastructure and neighborhood improvement projects that, over time, will become more expensive to address; and

WHEREAS, unless addressed, the City will be facing challenges that may force essential 322
ORDINANCE NO. 2024-007
PAGE 2
City services and programs to be reduced or eliminated in the coming years if additional sources of revenue for the General Fund are not identified; and

WHEREAS, it will become more difficult to protect the City’s valued quality of life programs and maintain essential City services including police, 911 emergency medical response, street repair, clean local drinking water, clean and safe public areas, while addressing homelessness, and maintaining senior, veteran, and youth programming; and

WHEREAS, additional locally controlled funding is needed to address service priorities including police, 911 emergency medical response, street repair, clean local drinking water, clean and safe public areas, while addressing homelessness, and maintaining senior, veteran, and youth programming; and

WHEREAS, local control over taxpayer dollars will help to ensure more money stays in the City for essential local services and help to maintain the level of service residents expect and deserve; and
WHEREAS, on November 21, 2023, by unanimous approval, the City Council of the City adopted Resolution No 2023 -071, declaring a fiscal emergency due to the seve re expected budget deficits in the City; and
WHEREAS, this Ordinance will maintain funding for vital City services and help implement the needs and plans of the City by establishing a general tax; and WHEREAS, this Ordinance creates a locally -controlled funding source that can only be used for local services and address local priorities, which is legally-protected from being taken by the State; and
WHEREAS, this Ordinance requires strict fiscal accountability, such as public spending reports, and annual independent audits to ensure all funds are spent responsibly.

NOW, THEREFORE, THE PEOPLE OF THE CITY OF CHINO AT THE MARCH 5, 2024 SPECIAL ELECTION DO RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

SECTION 1. ADOPTION OF NEW CHAPTER. A new Chapter 3.18 is hereby added to the Chino Municipal Code to read as follows:
“Chapter 3.18

TRANSACTIONS AND USE TAX

3.18.010 Title.

This ordinance shall be known as the “City of Chino Transactions and Use Tax Ordinance.” The City of Chino hereinafter shall be called “city.” This ordinance shall be applicable in the incorporated territory of the city.

3.18.020 Operative date.
“Operative date” means the first day of the first calendar quarter commencing more than 110 days after the adoption of this ordinance by the ele ctorate, the date of such adoption being as set forth below.

323
ORDINANCE NO. 2024-007
PAGE 3

3.18.030 Purpose.

This ordinance is adopted to achieve the following, among other purposes, and directs that the provisions hereof be interpreted in order to accomplish those purposes:

A. To impose a retail transactions and use tax in accordance with the provisions of Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code and Section 7285.9 of Part 1.7 of Division 2 which authorizes the city to adopt this tax ordinance which shall be operative if a majority of the electors voting on the measure vote to approve the imposition of the tax at an election called for that purpose.

B. To adopt a retail transactions and use tax ordinance that incorporates provisions identical to those of the Sales and Use Tax Law of the State of California insofar as those provisions are not inconsistent with the requirements and limitations contained in Part 1.6 of Division 2 of the Revenue and Taxation Code.

C. To adopt a retail transactions and use tax ordinance that imposes a tax and provides a measure therefore that can be administered and collected by the California Department of Tax and Fee Administration in a manner that adapts itself as fully as practicable to, and requires the least possible deviation from, the existing statutory and administrative procedures followed by the California Department of Tax and Fee Administration in administering and collecting the California State Sales and Use Taxes.

D. To adopt a retail transactions and use tax ordinance that can be administered in a manner that will be, to the greatest degree possible, consistent with the provisions of Part 1.6 of Division 2 of the Revenue and Taxation Code, minimize the cost of collecting the transactions and use taxes, and at the same time, minimize the burden of record keeping upon persons subject to taxation under the provisions of this chapter.

3.18.040 Contract with state.

Prior to the operative date, the city shall contract with the California Department of Tax and Fee Administration to perform all functions incident to the administration and operation of this transactions and use tax ordinance; provided, that if the city shall not have contracted with the California Department of Tax and Fee Administration prior to the operative date, it shall nevertheless so contract and in such a case the operative date shall be the first day of the first calendar quarter following the execution of such a contract.

3.18.050 Transactions tax rate.

For the privilege of selling ta ngible personal property at retail, a tax is hereby imposed upon all retailers in the incorporated territory of the city at the rate of one cent per dollar (1%) of the gross receipts of any retailer from the sale of all tangible personal property sold at r etail in said territory on and after the operative date of this ordinance.

3.18.060 Place of sale.
324
ORDINANCE NO. 2024-007
PAGE 4

For the purposes of this chapter, all retail sales are consummated at the place of business of the retailer unless the tangible personal property sold is delivered by the retailer or his agent to an out -of-state destination or to a common carrier for delivery to an out -of-state destination. The gross receipts from such sales shall include delivery charges, when such charges are subject to the state sales and use tax, regardless of the place to which delivery is made. In the event a retailer has no permane nt place of business in the state or has more than one place of business, the place or places at which the retail sales are consummated shall be determined under rules and regulations to be prescribed and adopted by the California Department of Tax and Fee Administration.

3.18.070 Use tax rate.

An excise tax is hereby imposed on the storage, use or other consumption in the city of tangible personal property purchased from any retailer on and after the operative date of this ordinance for storage, use or ot her consumption in said territory at the rate of one cent per dollar (1%) of the sales price of the property.

The sales price shall include delivery charges when such charges are subject to state sales or use tax regardless of the place to which delivery is made.

3.18.080 Adoption of provisions of state law.

Except as otherwise provided in this chapter and except insofar as they are inconsistent with the provisions of Part 1.6 of Division 2 of the Revenue and Taxation Code, all of the provisions of Part 1 (commencing with Section 6001) of Division 2 of the Revenue and Taxation Code are hereby adopted and made a part of this chapter as though fully set forth herein.

3.18.090 Limitations on adoption of state law and collection of use taxes.

In adopting th e provisions of Part 1 of Division 2 of the Revenue and Taxation Code:

A. Wherever the State of California is named or referred to as the taxing agency, the name of this city shall be substituted therefor. However, the substitution shall not be made when:

1. The word “state” is used as a part of the title of the State Controller, State Treasurer, State Treasury, or the Constitution of the State of California;

2. The result of that substitution would require action to be taken by or against this city or any agency, officer, or employee thereof rather than by or against the California Department of Tax and Fee Administration, in performing the functions incident to the administration or operation of this ordinance.

3. In those sections, including, but not necessarily limited to sections referring to the exterior boundaries of the State of California, where the result of the substitution would be to:

a. Provide an exemption from this tax with respect to certain sales, storage, use or other consumption o f tangible personal property 325
ORDINANCE NO. 2024-007
PAGE 5
which would not otherwise be exempt from this tax while such sales, storage, use or other consumption remain subject to tax by the state under the provisions of Part 1 of Division 2 of the Revenue and Taxation Code, or;

b. Impose this tax with respect to certain sales, storage, use or other consumption of tangible personal property which would not be subject to tax by the state under the said provision of that code.

4. In Sections 6701, 6702 (except in the last sentence thereof), 6711, 6715, 6737, 6797 or 6828 of the Revenue and Taxation Code.

B. The word “city” shall be substituted for the word “state” in the phrase “retailer engaged in business in this state” in Section 6203 and in the definition of that phrase in Section 6203.

The words “A retailer engaged in business in the city” shall als o include any retailer that, in the preceding calendar year or the current calendar year, has total combined sales of tangible personal property in this state or for delivery in the State by the retailer and all persons related to the retailer that exceeds five hundred thousand dollars ($500,000). For purposes of this section, a person is related to another person if both persons are related to each other pursuant to Section 267(b) of Title 26 of the United States Code and the regulations thereunder.

3.18.100 Permit not required.

If a seller’s permit has been issued to a retailer under Section 6067 of the Revenue and Taxation Code, an additional transactor’s permit shall not be required by this ordinance.

3.18.110 Exemptions and exclusions.

A. There shall be excluded from the measure of the transactions tax and the use tax the amount of any sales tax or use tax imposed by the State of California or by any city, city and county, or county pursuant to the Bradley -Burns Uniform Local Sales and Use Tax Law or the amount of any state -administered transactions or use tax.

B. There are exempted from the computation of the amount of transactions tax the gross receipts from:

1. Sales of tangible personal property, other than fuel or petroleum products, to operators of aircraft to be used or consumed principally outside the county in which the sale is made and directly and exclusively in the use of such aircraft as common carriers of persons or property under the authority of the laws of this State, the United States, or any foreign government.

2. Sales of property to be used outside the city which is shipped to a point outside the city, pursuant to the contract of sale, by delivery to such point by the retailer or his agent, or by delivery by the retailer to a carrier for shipment to a consignee at such point. For the purposes of this paragraph, delivery to a point outside the city shall be satisfied:
326
ORDINANCE NO. 2024-007
PAGE 6

a. With respect to vehicles (other than commercial
vehicles) subject to registration pursuant to Chapter 1 (commenc ing with Section 4000) of Division 3 of the Vehicle Code, aircraft licensed in compliance with Section 21411 of the Public Utilities Code, and undocumented vessels registered under Division 3.5 (commencing with Section 9840) of the Vehicle Code by registration to an out-of-city address and by a declaration under penalty of perjury, signed by the buyer, stating that such address is, in fact, his or her principal place of residence; and

b. With respect to commercial vehicles, by registration to a place of bu siness out -of-city and declaration under penalty of perjury, signed by the buyer, that the vehicle will be operated from that address.

3. The sale of tangible personal property if the seller is obligated to furnish the property for a fixed price pursuant to a contract entered into prior to the operative date of this ordinance.

4. A lease of tangible personal property which is a continuing sale of such property, for any period of time for which the lessor is obligated to lease the property for an amount fixed by the lease prior to the operative date of this ordinance.

5. For the purposes of subparagraphs (3) and (4) of this section, the sale or lease of tangible personal property shall be deemed not to be obligated pursuant to a contract or lease for any period of time for which any party to the contract or lease has the unconditional right to terminate the contract or lease upon notice, whether or not such right is exercised.

C. There are exempted from the use tax imposed by this ordinance, the storage, use or other consumption in this city of tangible personal property:

1. The gross receipts from the sale of which have been subject to a transactions tax under any state-administered transactions and use tax ordinance.

2. Other than fuel or petroleum products purchased by operators of aircraft and used or consumed by such operators directly and exclusively in the use of such aircraft as common carriers of persons or property for hire or compensation under a certificate of public convenience and necessity issued pursuant to the laws of this State, the United States, or any foreign government.

This exemption is in addition to the exemptio ns provided in Sections 6366 and 6366.1 of the Revenue and Taxation Code of the State of California.

3. If the purchaser is obligated to purchase the property for a fixed price pursuant to a contract entered into prior to the operative date of this ordinance.

4. If the possession of, or the exercise of any right or power over, the tangible personal property arises under a lease which is a continuing purchase of such property for any period of time for which the lessee is obligated to lease the property for an amount fixed by a lease prior to the operative date of this ordinance. 327
ORDINANCE NO. 2024-007
PAGE 7

5. For the purposes of subparagraphs (3) and (4) of this section, storage, use, or other consumption, or possession of , or exercise of any right or power over, tangible personal property shall be deemed not to be obligated pursuant to a contract or lease for any period of time for which any party to the contract or lease has the unconditional right to terminate the contract or lease upon notice, whether or not such right is exercised.

6. Except as provided in subparagraph (7), a retailer engaged in business in the city shall not be required to collect use tax from the purchaser of tangible personal property, unless the retailer ships or delivers the property into the city or participates within the city in making the sale of the property, including, but not limited to, soliciting or receiving the order, either directly or indirectly, at a place of business of the retaile r in the city or through any representative, agent, canvasser, solicitor, subsidiary, or person in the city under the authority of the retailer or meets the requirements of a retailer engaged in business in the City Section 3.18.090(B).

7. “A retailer e ngaged in business in the city” shall also include any retailer of any of the following: vehicles subject to registration pursuant to Chapter 1 (commencing with Section 4000) of Division 3 of the Vehicle Code, aircraft licensed in compliance with Section 2 1411 of the Public Utilities Code, or undocumented vessels registered under Division 3.5 (commencing with Section 9840) of the Vehicle Code. That retailer shall be required to collect use tax from any purchaser who registers or licenses the vehicle, vesse l, or aircraft at an address in the city.

D. Any person subject to use tax under this ordinance may credit against that tax any transactions tax or reimbursement for transactions tax paid to a district imposing, or retailer liable for a transactions tax pursuant to Part 1.6 of Division 2 of the Revenue and Taxation Code with respect to the sale to the person of the property the storage, use or other consumption of which is subject to the use tax.

3.18.120 Amendments.

All amendments subsequent to the effective date of this ordinance to Part 1 of Division 2 of the Revenue and Taxation Code relating to sales and use taxes and which are not inconsistent with Part 1.6 and Part 1.7 of Division 2 of the Revenue and Taxation Code, and all amendments to Part 1 .6 and Part 1.7 of Division 2 of the Revenue and Taxation Code, shall automatically become a part of this ordinance, provided however, that no such amendment shall operate so as to affect the rate of tax imposed by this ordinance.

3.18.130 Enjoining collection forbidden.

No injunction or writ of mandate or other legal or equitable process shall issue in any suit, action or proceeding in any court against the state or the city, or against any officer of the state or the city, to prevent or enjoin the colle ction under this ordinance, or Part 1.6 of Division 2 of the Revenue and Taxation Code, of any tax or any amount of tax required to be collected.

3.18.140 Severability.
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ORDINANCE NO. 2024-007
PAGE 8
If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the remainder of the ordinance and the application of such provision to other persons or circumstances shall not be affected thereby.

3.18.150 Effective date.

This chapter levying the tax described herein shall be effective ten (10) days after the date on which the City Council has declared that the voters of the City of Chino have approved the ordinance by a vote of no less than a majority of the votes cast by the electors voting on the tax measure set forth in this chapter at that s pecial municipal election to be held on March 5, 2024.

3.18.160 Termination date.

The authority to levy the tax imposed by this ordinance shall not expire unless terminated by lawful vote of the electorate or as required or authorized by law.”

SECTION 2. SEVERABILITY. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, the remaining portions of this Ordinance shall nonetheless rem ain in full force and effect. The people of the City of Chino hereby declare that they would have adopted each section, subsection, sentence, clause, phrase, or portion of this Ordinance, irrespective of the fact that any one or more sections, subsections , sentences, clauses, phrases, or portions of this Ordinance be declared invalid or unenforceable.

SECTION 3. CEQA. The adoption of this ordinance is not a “project” subject to the requirements of the California Environmental Quality Act (CEQA) (Public Resources Code Section §§ 21000 et seq .). CEQA Guideline § 15378(b)(4) provides that the creation of government funding mechanisms or other government fiscal activities that do not involve any commitment to a specific project that may result in a potentially significant physical impact on the environment are not projects subject to the requirements of CEQA.

SECTION 4. APPROPRIATIONS LIMIT. Pursuant to Article XIIIB of the California Constitution, the appropriations limit for the City of Chino is increased to the maximum extent over the maximum period of time allowed under the law consistent with the revenues generated by this tax.

SECTION 5. EXECUTION. The Mayor shall sign this Ordinance and the City Clerk shall attest and certify to the approval thereof and cause same to be published at least once in a weekly newspaper of general circulation, published in the City o f Chino, which newspaper is hereby designated for that purpose (GC § 40806). This Ordinance shall only be in effect following the approval of a majority of the voters at an election on March 5, 2024, as certified by the election official.

SECTION 6. CERTIFICATION. The City Clerk of the City of Chino shall certify that this ordinance was passed, approved and adopted by the People of the City of Chino, California, voting on the 5th day of March, 2024.

This Ordinance was introduced by the City on November 21, 2023.

PASSED, APPROVED and ADOPTED this ___ day of ____________, 2024. 329
ORDINANCE NO. 2024-007
PAGE 9

By:

EUNICE M. ULLOA, MAYOR

ATTEST:

By:

NATALIE GONZAGA, CITY CLERK

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) §

CITY OF CHINO )

I, Natalia Gonzaga, City Clerk of the City of Chino do hereby certify that the foregoing Ordinance of the City of Chino was duly adopted by said City Council at a regular meeting held on the ____ day of __________ 2024 by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

By:

NATALIE GONZAGA, CITY CLERK

330

MEMORANDUM

CITY OF CHINO

FINANCE DEPARTMENT

CITY COUNCIL MEETING DATE: APRIL 2, 2024

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

SUBJECT
..titl e
Administration and Examination of Records of the Local Transaction and Use Tax (Measure V). ..end

RECOMMENDATION
..recommendation
Approve 1) Adopt Resolution No. 2024 -015 authorizing the City Manager to execute agreements with the California Department of Tax and Fee Administration to implement a local transaction and use tax; 2) adopt Resolution No. 2024 -016, rescinding Resolution N o. 2003-32 and authorizing examination of sales or transactions and use tax by City officials and an independent contractor; 3) approve a contract between HdL Companies and the City of Chino for the administration of the City’s 1% Transaction and Use Tax ( Measure V); and 4) authorize the establishment of Fund 103 titled Measure V 2024.

..body

FISCAL IMPACT
The implementation of Measure V will result in approximately $28 million in revenue for the City’s General Fund (Fund 103). There is an estimated cost of $175,000 payable to the California Department of Tax and Fee Administration (CDTFA) that was appropriated on November 21, 2023. Lastly, there is a cost of $2,400 annually with Hinderliter deLlamas & Associates (HdL Companies) for the administration of the Transaction and Use Tax.

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

Revenue: 1031000-51310

Expenditure:

Transfer In: Transfer Out:
331
CITY COUNCIL MEETING DATE: APRIL 2, 2024
TITLE: ADMINISTRATION AND EXAMINATION OF RECORDS OF THE LOCAL TRANSACTION AND USE TAX (MEASURE V).

PAGE: 2

BACKGROUND
On Tuesday, March 5, 2024, the voters of the City of Chino approved the local 1% sales tax increase (Measure V). This sales tax measure was a general -purpose tax taking effect on approximately July 1, 2024. This tax will generate approximately $28 million annually in revenues for the City’s General Fund. The passage of Measure V will increase the City’s overall tax rate to 8.75% and will apply to general merchandise and consumer goods. Purchases of items such as groceries, medicine, education, labor, and housing are all exempt from this tax.

ISSUES/ANALYSIS
Pursuant to Revenue and Tax Code section 7265, the new tax is scheduled to become effective July 1, 2024, and will be administered by the CDTFA.

The CDTFA requires that the City Council approve two resolutions: 1) Authorizing the City Manager to execute an agreement with the CDTFA for implementation of the local transactions and use tax; and 2) authorizing examination of sales or transactions and use tax by City officials and an independent contractor.

The CDTFA is requiring the City to submit the following items as soon as possible, but no later than April 14, 2024:

 Preparatory Agreement
 Administration Agreement
 Certified Copy of Resolution Authorizing the Execution of Agreements  Certified Copy of the Transaction and Use Tax Ordinance  Certified Copy of the Final Election Results
 Contract Form for All Communications
 Resolution for Examination of Confidential Records
 Copy of Consultants Agreement
 Designation Letter
 Contact Form for Notifications & Appeals
 EFT Authorization Agreement plus copy of voided check  Media and Registration Request Form

To ensure the continued confidentiality of sales, transactions and use tax records, as mandated by Califo rnia Revenue and Taxation Code Section 7056, the City will restrict access to collections and receipts to those positions requested in the Resolution. It is recommended that the City update its current list of designated City positions that are permitted t o receive and examine City sales, transaction and use tax records from the CDTFA. It is also recommended to include Hinderliter deLlamas & Associates (HdL), as this firm is contracted by the City to provide sales, transaction and use tax consulting services for the City.

As indicated in the Resolution, the following are recommended City positions to have access to the sales, transactions and use tax records along with the City’s sales tax consultant, HdL:

City Manager
Assistant City Manager
332
CITY COUNCIL MEETING DATE: APRIL 2, 2024
TITLE: ADMINISTRATION AND EXAMINATION OF RECORDS OF THE LOCAL TRANSACTION AND USE TAX (MEASURE V).

PAGE: 3

Economic Development Manager
Director of Finance
Deputy Director of Finance
Management Analyst (Finance Department)
Management Assistant (Administration Department)
Assistant to the City Manager (Administration Department)

Attachments: Resolution No. 2024-015 Exhibits A & B
Resolution No. 2024-016
HdL Consulting Agreement

RB:hm

333

RESOLUTION NO. 2024-015

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

AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENTS WITH THE

CALIFORNIA DEPARTMENT OF TAX AND FEE ADMINISTRATION FOR

IMPLEMENTATION OF A LOCAL TRANSACTIONS AND USE TAX

WHEREAS, at the November 21, 2023 regular City Council Meeting, the Chino City Council introduced by first reading the “City of Chino Transactions and Use Tax Ordinance,” to be submitted to the City’s voters that establishes a ge neral-purpose one-percent (1%) retail transitions and use tax measure within the City of Chino; and
WHEREAS, on March 5, 2024, the residents of Chino approved, by a general vote pursuant to Article XIIIC of the California Constitution, the “City of Chino P ublic Safety, Roads, essential Services Measure” (“Measure V”) enacting the “City of Chino Transactions and Use Tax Ordinance”; and WHEREAS, the California Department of Tax and Fee Administration (“Department”) administers and collects the transactions and use taxes for all applicable jurisdictions within the state; and
WHEREAS, the Department will be responsible to administer and collect the transactions and use tax for the City; and
WHEREAS, the Department requires that the City enter into a “Preparatory Agreement” and an “Administration Agreement” prior to implementation of said taxes; and WHEREAS, the Department requires that the City Council authorize the agreements.

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

SECTION 1. The above recitals are true and are incorporated herein.

SECTION 2. The “Preparatory Agreement” attached and incorporated herein as Exhibit “A” and the “Administrative Agreement” attached and incorporated herein as Exhibit “B” are hereby approved and the City Manager is hereby authorized to execute each agreement.

APPROVED AND ADOPTED THIS 2nd DAY OF APRIL 2024.

EUNICE M. ULLOA, MAYOR

ATTEST:

NATALIE GONZAGA, CITY CLERK

334
2 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 2ND day of APRIL 2024, by the following votes:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

______

NATALIE GONZAGA, CITY CLERK

Attachments: Exhibit A and Exhibit B
335
3 EXHIBIT A

AGREEMENT FOR PREPARATION TO ADMINISTER AND OPERATE

CITY'S TRANSACTIONS AND USE TAX ORDINANCE

In order to prepare to administer a transactions and use tax ordinance adopted in accordance with the provision of Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code, the City of Chino, hereinafter called City, and the CALIFORNIA DEPARTMENT OF TAX AND FEE ADMINISTRATION, hereinafter called Department, do agree as follows:

1. The Department agrees to enter into work to prepare to administer and operate a transactions and use tax in conformity with Part 1.6 of Division 2 of the Revenue and Taxation Code which has been approved by a majority of the electors of the City and whose ordinance has been adopted by the City.

2. City agrees to pay to the Department at the times and in the amounts hereinafter specified all of the Department's costs for preparatory work necessary to administer the City's transactions and use tax ordinance. The Department's costs for preparatory work include costs of developing procedures, programming for data processing, developing and adopting app ropriate regulations, designing and printing forms, developing instructions for the Department's staff and for taxpayers, and other appropriate and necessary preparatory costs to administer a transactions and use tax ordinance. These costs shall include both direct and indirect costs as specified in Section 11256 of the Government Code.

3. Preparatory costs may be accounted for in a manner which conforms to the internal accounting and personnel records currently maintained by the Department. The billing s for costs may be presented in summary form. Detailed records of preparatory costs will be retained for audit and verification by the City.

4. Any dispute as to the amount of preparatory costs incurred by the Department shall be referred to the State Director of Finance for resolution, and the Director's decision shall be final.

5. Preparatory costs incurred by the Department shall be billed by the Department periodically, with the final billing within a reasonable time after the operative date of the ordinance. City shall pay to the Department the amount of such costs on or before the last day of the next succeeding month following the month when the billing is received.

336
4 6. The amount to be paid by City for the Department's preparatory costs shall not exceed one hundred seventy-five thousand dollars ($175,000) (Revenue and Taxation Code Section 7272.)

7. Communications and notices may be sent by first class United States mail or through email at [email protected]. If and when communications and notices may include confidential information, communications and notices must be sent through encrypted email at [email protected] or by mail. Communications and notices to be sent to the Department shall be addressed to:

California Department of Tax and Fee Administration
P.O. Box 942879 MIC: 27
Sacramento, California 94279-0027

Attention: Administrator
Local Revenue Branch

Communications and notices to be sent to City shall be addressed to:

City of Chino
13220 Central Ave
Chino, CA 91710
Attn: Rob Burns, Director of Finance

8. The date of this agreement is the date on which it is approved by the Department of General Services. This agreement shall continue in effect until the preparatory work necessar y to administer City's transactions and use tax ordinance has been completed and the Department has received all payments due from City under the terms of this agreement.

CITY OF CHINO CALIFORNIA DEPARTMENT OF TAX

AND FEE ADMINISTRATION

By By
(Signature) Administrator
Local Revenue Branch
Linda Reich
(Typed Name)

City Manager
(Title)
(Rev. 6/23)
337
5 EXHIBIT B

AGREEMENT FOR STATE ADMINISTRATION

OF CITY TRANSACTIONS AND USE TAXES

The City Council of the City of Chino has adopted, and the voters of the City of Chino (hereafter called “City” or “District”) have approved by the required majority vote, the City of Chino Transactions and Use Tax Ordinance (hereafter called “Ordinance”), a copy of which is attached hereto. To carry out the provisions of Part 1.6 of Division 2 of the Revenue and Taxation Code and the Ordinance, the California State Department of Tax and Fee Administration, (hereinafter called the “Department”) and the City do agree as follows:

ARTICLE I

DEFINITIONS

Unless the context requires otherwise, wherever the following terms appear in the Agreement, they shall be interpreted to mean the following:

1. "District taxes" shall mean the transactions and use taxes, p enalties, and interest imposed under an ordinance specifically authorized by Revenue and Taxation code Section 7285.9, and in compliance with Part 1.6, Division 2 of the Revenue and Taxation Code.

2. "City Ordinance" shall mean the City's Transactions and Use Tax Ordinance referred to above and attached hereto, Ordinance No. , as amended from time to time, or as deemed to be amended from time to time pursuant to Revenue and Taxation Code Section 7262.2.

ARTICLE II

ADMINISTRATION AND COLLECTION

OF CITY TAXES

A. Administration. The Department and City agree that the Department shall perform exclusively all functions incident to the administration and operation of the City Ordinance.

338
6 B. Other Applicable Laws. City agrees that all provisions of law applicable to the administration and operation of the Department Sales and Use Tax Law which are not inconsistent with Part 1.6 of Division 2 of the Revenue and Taxation Code shall be applicable to the administration and operation of the City Ordinance. City agrees that money collected pursuant to the City Ordinance may be deposited into the State Treasury to the credit of the Retail Sales Tax Fund and may be drawn from that Fund for any authorized purpose, including making refunds, compensating and reimbursing the Department pursuant to Article IV of this Agreement, and transmitting to City the amount to which City is entitled.

C. Transmittal of money.

1. For the period during which the tax is in effect, and ex cept as otherwise provided herein, all district taxes collected under the provisions of the City Ordinance shall be transmitted to City periodically as promptly as feasible, but not less often than twice in each calendar quarter.

2. For periods subsequent to the expiration date of the tax whether by City’s self-imposed limits or by final judgment of any court of the State of California holding that City’s ordinance is invalid or void, all district taxes collected under the provisions of the City Ordinan ce shall be transmitted to City not less than once in each calendar quarter.

3. Transmittals may be made by mail or electronic funds transfer to an account of the City designated and authorized by the City. A statement shall be furnished at least quar terly indicating the amounts withheld pursuant to Article IV of this Agreement.

D. Rules. The Department shall prescribe and adopt such rules and regulations as in its judgment are necessary or desirable for the administration and operation of the City Ordinance and the distribution of the district taxes collected thereunder.

E. Preference. Unless the payor instructs otherwise, and except as otherwise provided in this Agreement, the Department shall give no preference in applying money received for state sales and use taxes, state-administered local sales and use taxes, and district transactions and use taxes owed by a taxpayer, but shall apply moneys collected to the satisfaction of the claims of the State, cities, counties, cities and counties, redevelopment agencies, other districts, and City as their interests appear.

339
7 F. Security. The Department agrees that any security which it hereafter requires to be furnished by taxpayers under the State Sales and Use Tax Law will be upon such terms that it also will be available for the payment of the claims of City for district taxes owing to it as its interest appears. The Department shall not be required to change the terms of any security now held by it, and City shall not participate in any security now held by the Department.

G. Records of the Department.

When requested by resolution of the legislative body of the City under section 7056 of the Revenue and Taxation Code, the Department agrees to permit authorized personnel of the City to examine the records of the Department, including the name, address, and account number of each seller holding a seller’s permit with a registered business location in the City, pertaining to the ascertainment of transactions and use taxes collected for the City. Information obtained by the City from examination of the Department's records shall be used by the City only for purposes related to the collection of transactions and use taxes by the Department pursuant to this Agreement.

H. Annexation. City agrees that the Department shall not be required to give effect to an annexation, for the purpose of collecting, allocating, and distributing District transactions and use taxes, earlier than the first day of the calendar quarter which commences not less than two months after notice to the Department. The notice shall include the name of the county or counties annexed to the extended City boundary. In the event the City shall annex an area, the boundaries of which are not coterminous with a county or counties, the notice shall include a description of the area annexed and two maps of the City showing the area annexed and the location address of the property nearest to the extended City boundary on each side of every street or road crossing the boundary.

ARTICLE III

ALLOCATION OF TAX

A. Allocation. In the administration of the Department's contracts with all districts that impose transactions and use taxes imposed under ordinances, which comply with Part 1.6 of Division 2 of the Revenue and Taxation Code:

1. Any payment not identified as being in payment of liability owing to a designated district or districts may be apportioned among the districts as their interest appear, or, in the discretion of the 340
8 Department, to all districts with which the Department has contracted using ratios reflected by the distribution of district taxes collected from all taxpayers.

2. All district taxes collected as a result of determinations or billings made by the Department, and all amounts refunded or credited may be distributed or charged to the respective districts in the same ratio as the taxpayer's self-declared district taxes for the period for which the determination, billing, refund or credit applies.

B. Vehicles, Vessels, and Aircraft. For the purpose of allocating use tax with respect to vehicles, vessels, or aircraft, the address of the registered owner appearing on the application for registration or on the certificate of ownership may be used by the Department in determining the place of use.

ARTICLE IV

COMPENSATION

The City agrees to pay to the Department as the State's cost of administering the City Ordinance such amount as is provided for by law. Such amounts shall be deducted from the taxes collected by the Department for the City.

ARTICLE V

MISCELLANEOUS PROVISIONS

A. Communications. Communications and notices may be sent by first class United States mail to the addresses listed below, or to such other addresses as the parties may from time to time designate or through email at jservices @cdtfa.ca.gov. If and when communications and notices may include confidential information, communications and notices must be sent through encrypted email at [email protected] or by mail.

341
9 Communications and notices to be sent to the Department shall be addressed to:

California State Department of Tax and Fee Administration P.O. Box 942879
Sacramento, California 94279-0027

Attention: Administrator
Local Revenue Branch

Communications and notices to be sent to the City shall be addressed to:

City of Chino
13220 Central Ave
Chino, CA 91710
Attn: Rob Burns, Director of Finance

Unless otherwise directed, transmittals of payment of District transactions and use taxes will be sent to the address above.

B. Term. The date of this Agreement is the date on which it is approved by the Department of General Services. The Agreement shall take effect on July 1, 2024. This Agreement shall continue until December 31 next following the expiration date of the City Ordinance an d shall thereafter be renewed automatically from year to year until the Department completes all work necessary to the administration of the City Ordinance and has received and disbursed all payments due under that Ordinance.

C. Notice of Repeal of Ordinance. City shall give the Department written notice of the repeal of the City Ordinance not less than 110 days prior to the operative date of the repeal.

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10 ARTICLE VI

ADMINISTRATION OF TAXES IF THE

ORDINANCE IS CHALLENGED AS BEING INVALID

A. Impoundment of funds.

1. When a legal action is begun challenging the validity of the imposition of the tax, the City shall deposit in an interest-bearing escrow account, any proceeds transmitted to it under Article II. C., until a court of competent j urisdiction renders a final and non -appealable judgment that the tax is valid.

2. If the tax is determined to be unconstitutional or otherwise invalid, the City shall transmit to the Department the moneys retained in escrow, including any accumulated in terest, within ten days of the judgment of the trial court in the litigation awarding costs and fees becoming final and non - appealable.

B. Costs of administration. Should a final judgment be entered in any court of the State of California, holding that City's Ordinance is invalid or void, and requiring a rebate or refund to taxpayers of any taxes collected under the terms of this Agreement, the parties mutually agree that:

1. Department may retain all payments made by City to Department to prepare to administer the City Ordinance.

2. City will pay to Department and allow Department to retain Department's cost of administering the City Ordinance in the amounts set forth in Article IV of this Agreement.

3. City will pay to Department or to the State of California the amount of any taxes plus interest and penalties, if any, that Department or the State of California may be required to rebate or refund to taxpayers.

4. City will pay to Department its costs for rebating or refunding such taxes, interest, or penalties. Department's costs shall include its additional cost for developing procedures for processing the rebates or refunds, its costs of actually making these refunds, designing and printing forms, a nd 343
11 developing instructions for Department's staff for use in making these rebates or refunds and any other costs incurred by Department which are reasonably appropriate or necessary to make those rebates or refunds. These costs shall include Department's direct and indirect costs as specified by Section 11256 of the Government Code.

5. Costs may be accounted for in a manner, which conforms to the internal accounting, and personnel records currently maintained by the Department. The billings for such costs may be presented in summary form. Detailed records will be retained for audit and verification by City.

6. Any dispute as to the amount of costs incurred by Department in refunding taxes shall be referred to the State Director of Finance for resolution and the Director's decision shall be final.

7. Costs incurred by Department in connection with such refunds shall be billed by Department on or before the 25th day of the second month following the month in which the judgment of a court of the State of California holding City's Ordinance invalid or void becomes final. Thereafter Department shall bill City on or before the 25th of each month for all costs incurred by Department for the preceding calendar month. City shall pay to Department the amou nt of such costs on or before the last day of the succeeding month and shall pay to Department the total amount of taxes, interest, and penalties refunded or paid to taxpayers, together with Department costs incurred in making those refunds.

CITY OF CHINO CALIFORNIA STATE DEPARTMENT OF

TAX AND FEE ADMINISTRATION

By By
(Signature) Administrator
Local Revenue Branch
Linda Reich
(Typed Name)

City Manager
(Title)

344

RESOLUTION NO. 2024-016

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

AUTHORIZING THE EXAMINATION OF SALES OR TRANSACTIONS AND USE

TAX RECORDS

WHEREAS, at the November 21, 2023 regular City Council Meeting, the Chino City Council introduced by first reading the “City of Chino Transactions and Use Tax Ordinance,” to be submitted to the City’s voters that establishes a general -purpose one-percent (1%) retail transitions and use tax measure within the City of Chino; and
WHEREAS, on March 5, 2024, the residents of Chino approved, by a general vote pursuant to Article XIIIC of the California Constitution, the “City of Chino Public Safety, Roads, essential Services Measure” (“Measure V”) enacting the “City of Chino Transactions and Use Tax Ordinance”; and WHEREAS, the California Department of Tax and Fee Administration (“Department”) administers and collects the transactions and use taxes for all applicable jurisdictions within the state; and
WHEREAS, the Department will be responsible to administer and collect the transactions and use tax for the City; and
WHEREAS, the Chino City Council deems it desirable and necessary for authorized officers, employees and representatives of the City to examine confidential sales or transactions and use tax records of the Department pertaining to sales or transactions and use taxes collected by the Department for the City pursuant to that contract; and
WHEREAS, Section 7056 of the California Revenue and Taxation Code sets forth cer tain requirements and conditions for the disclosure of Department records, and Section 7056.5 of the California Revenue and Taxation Code establishes criminal penalties for the unlawful disclosure of information contained in, or derived from, the sales or transactions and use tax records of the Department.

NOW, THEREFO RE, THE CITY COUNCIL OF THE CITY OF CHINO, CALIFORNIA, HEREBY RESOLVES AS FOLLOWS:

SECTION 1. The above recitals are true and are incorporated herein.

SECTION 2. The City Manager, Assistant City Manager, Economic Development Manager, Director of Finance , Deputy Director of Finance , Management Analyst (Finance Department) , Management Assistant (Administration Department) , and Assistant to the City Manager (Administration Department) are hereby appointed to represent the City with authority to examine sales or transactions and use tax records of the Department pertaining to sales or transactions and use taxes collected for the City by the Department pursuant to the contract between the City and the Department (“Department Contract”). The information obtained by examination of Department records shall be used only for purposes related to the collection of the City’s sales or transactions and use taxes by the Department pursuant to the Department Contract.

SECTION 3. The City Manager, Assistant City Manager, Economic Development Manager, Director of Finance , Deputy Director of Finance , Management Analyst (Finance Department) , Management Assistant (Administration Department) , and Assistant to the City Manager (Administration Department) are hereby appointed to represent the City with authority to examine those sales or 345
RESOLUTION 2024-016
PAGE 2

transactions and use tax records of the City for purposes related to the following governmental functions of the City:
a) functions related to sales, transaction, and/or use tax collection or administration; and b) functions related to budgeting and forecasting of revenue; and c) functions related to the detection of misallocations and deficiencies.

The information obtained by examination of Department records shall be used only for those governmental functions of the City listed above.

SECTION 4. That Hinderliter, de Llamas, and Associates (“HdL”) is hereby designated to examine the sales or transactions and use tax records of the Department pertaining to sales or transactions and use taxes collected for the City by the Department. The person or entity designated by this section meets all of the following conditions, which are also included in the contract between the City and HdL (“HdL Contract”):
a) has an existing contract with the City to examine those sales or transactions and use tax records;
b) is required by th e HdL Contract to disclose information contained in, or derived from, those sales or transactions and use tax records only to the officer or employee authorized under Section 2 of this resolution to examine the information. c) is prohibited by th e HdL Contract from performing consulting services for a retailer during the term of the HdL Contract;
d) is prohibited by the HdL Contract from retaining the information contained in, or derived from those sales or transactions and use tax records, after that contract has expired.

The information obtained by examination of Department records shall be used only for purposes related to the collection of City’s sales or transactions and use taxes by the City pursuant to the Department Contract.

SECTION 5. This resolution supersedes all prior sales or transactions and use tax resolutions of the City of Chino adopted pursuant to subdivision (b) of Revenue and Taxation Section 7056.

APPROVED AND ADOPTED THIS 2nd DAY OF APRIL 2024.

EUNICE M. ULLOA, MAYOR

ATTEST:

NATALIE GONZAGA, CITY CLERK

346
RESOLUTION 2024-016
PAGE 3

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 2nd day of April 2024, by the following votes:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

NATALIE GONZAGA, CITY CLERK

347

01225.0001/863605.1

AMENDMENT NO. 5

TO AGREEMENT FOR SERVICES
THIS AMENDMENT TO THE AGREEMENT FOR SERVICES (“Amendment”) by and between the CITY OF CHINO, a California municipal corporation (“City”) and HINDERLITER DE LLAMAS & ASSOCIATES (“Consultant”) is effective as of the 2nd day of April, 2024.

RECITALS
A. City and Consultant entered into that certain Agreement for Contractual Services dated July 1st, 202 1 (“Agreement”) whereby Consultant agreed to provide Sales Tax Audit and Information Services.

B. On March 5, 2022, the City and Consultant entered into the first amendment to the Agreement to increase compensation by $15,000.00 to equal a total not -to-exceed amount of $75,000.00.

C. On July 1, 2022, the City and Consultant entered into a second amendment to the Agreement to renew for one additional year, increase compensation by $60,000 to equal a total not-to-exceed amount of $135,000 and include additional confidentiality language as required by the California Department of Tax and Fee Administration.

D. On July 1, 2023, the City and Consultant entered into a third amendment to the Agreement to renew for one additional year and increase compensation by $60,000 to equal a total not-to-exceed amount of $195,000.

E. On March 19, 2024, the City and Consultant entered into a fourth amendment to the Agreement to increase compensa tion by $40,000 to equal a total not -to-exceed amount of $235,000.

F. City and Consultant now desire to amend the Agreement to amend to the Scope of Services to add additional tasks to be performed by Consultant. All other terms and conditions remain unchanged.

TERMS

1. Contract Changes. The Agreement is amended as provided herein. (a). The Scope of Services, at Exhibit “A” shall be amended to add the additional tasks for Consultant to perform the following: Transactions Tax Audit, Economic Analysis/Forecasting and Related Services pertaining to the voter approved Measure V on March 5, 2024.

DocuSign Envelope ID: 0616ADC2-15D2-4311-83DD-E982C574A2FC 348359

01225.0001/863605.1
(b). The following Exhibits attached hereto are being added to all previous versions:

1. EXHIBIT “A” – SCOPE OF SERVICES

2. EXHIBIT “C” – SCHEDULE OF COMPENSATION

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

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

City represents and warrants to Consultant that, as of the date of this Amendment, Consultant is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or 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]

DocuSign Envelope ID: 0616ADC2-15D2-4311-83DD-E982C574A2FC 349360

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

CITY:

CITY OF CHINO, a municipal corporation

Linda Reich, City Manager
ATTEST:

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

ALESHIRE & WYNDER, LLP
_____________________________ _____________________________ Fred Galante, City Attorney Rob Burns, Department Director

CONSULTANT:

HINDERLITER, DE LLAMAS & ASSOCIATES
By:

Name: Andrew Nickerson
Title: President
By:

Name:

Title:

Address:120 S. State College Blvd. #200
Brea, CA 92821

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.

DocuSign Envelope ID: 0616ADC2-15D2-4311-83DD-E982C574A2FC 350361

01225.0001/458446.1 A-1
EXHIBIT “A”

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

DocuSign Envelope ID: 0616ADC2-15D2-4311-83DD-E982C574A2FC 351362

SCHEDULE A
Transactions Tax Audit Services
Economic Analysis/Forecasting and Related Services
1248933.1 Page 1 of 4

SERVICES

1. Transactions Tax and Economic Analysis/Forecasting Services/Reports

1.1. Consultant shall establish a database containing all applicable Department of Tax and Fee Administration (CDTFA) registration data for each business within the Measure “V” District boundaries holding a seller’s permit account. Said database shall also identify the quarterly transactions and use tax allocations under each account for the most current and previous quarters where available.

1.2 Consultant shall provide updated reports each quarter identifying changes in allocation totals by individual businesses, business groups and by categories. Quarterly aberrations due to State audits, fund transfers, and receivables, along with late or double payments, will also be identified.

Quarterly reconciliation worksheets to assist finance officer with budget forecasting will be included.

1.3. Consultant shall advise and work with CITY Staff on planning and economic questions related to maximizing revenues, preparation of revenue projections and general information on transactions and use tax questions.

1.4. Consultant shall make available to CITY the HdL proprietary software program and Measure “V” database containing all applicable registration and quarterly allocation information for CITY business outlets registered with the Department of Tax and Fee Administration. The database will be updated quarterly.

2. Deficiency/Allocation Reviews and Recovery

2.1. Consultant shall conduct on-going reviews to identify and correct unreported transactions and tax payments and distribution errors thereby generating previously unrealized revenue for the City.

Reviews shall include:

2.1.(a) Comparison of county-wide local tax allocations to transactions tax for brick and mortar stores and other cash register-based businesses, where clearly all transactions are conducted on-site within the Measure “V” City boundaries, and therefore subject to transactions tax.

2.1.(b) Review of any significant one-time use tax allocations to ensure that there is corresponding transaction tax payments for taxpayers with nexus within the City boundaries.

2.1.(c) Review of state-wide transactions tax allocations and patterns to identify any obvious errors and omissions.

2.1.(d) Identification and follow-up with any potentially large purchasers of supplies and equipment (e.g. hospitals, universities, manufacturing plants, agricultural operations, refineries) to ensure that their major vendors are properly reporting corresponding transactions tax payments to the Measure “V” Transactions Tax District.

2.2. Consultant will initiate, where the probability of an error exists, contacts with the appropriate taxpayer management and accounting officials to verify whether current tax receipts accurately reflect the local sales activity. Such contacts will be conducted in a professional and courteous manner so as to enhance CITY’s relations with the business community.

EXHIBIT A-1
DocuSign Envelope ID: 0616ADC2-15D2-4311-83DD-E982C574A2FC 352363

SCHEDULE A
Transactions Tax Audit Services
Economic Analysis/Forecasting and Related Services
1248933.1 Page 2 of 4

2.2. Consultant shall prepare and submit to the Department of Tax and Fee Administration all information necessary to correct any allocation errors and deficiencies that are identified and shall follow-up with the individual businesses and the California Department of Tax and Fee Administration to ensure that all back quarter payments due the CITY are recovered.

3. Consulting and Other Optional Services
Consultant may from time to time in its sole discretion, consult with City’s staff, including without limitation, regarding (i) technical questions and other issues related to sales, use and transactions tax, (ii) utilization of reports to enhance business license collection efforts, (iii) sales tax projections for proposed annexations, economic development projects and budget planning, (iv) negotiating/review of tax sharing agreements, (v) establishing purchasing corporations, (vi) meeting with taxpayers to encourage self-assessment of tax obligations, and (vii) other sales, use or transactions tax revenue- related matters.

FEES

4. Transactions Tax and Economic Analysis/Forecasting Services/Reports

4.1. Fees shall be paid $200 monthly billed quarterly for the transaction district tax reports that we include with the quarterly sales tax analyses. The monthly fee shall be invoiced quarterly in arrears and shall be paid by City no later than 30 days after the invoice date.

4.2. Consultant may change the non-hourly Fees established above once a year. Any such change must be with reference to the 12-month percent change in the most recently published annual Consumer Price Index for All Urban Consumers (CPI-U), as reported by the U.S. Bureau of Labor Statistics (the “CPI Change”).

5. Allocation and Audit Recovery Services

4.1 Fees shall be paid 25% of the initial amount of new transactions or use tax revenue received by the City because of audit and recovery work performed by Consultant, (hereafter referred to as "audit fees"). New revenue shall not include any amounts determined and verified by City or Consultant to be increment attributable to causes other than Consultant’s work pursuant to this agreement. In the event, Consultant is responsible for an increase in the tax reported by businesses already properly making tax payments to the City, it shall be Consultant’s responsibility to separate and support the incremental amount attributable to its efforts prior to the application of the audit fee.

Said audit fees will apply to state fund transfers received for those specific quarters identified as being missing and/or deficient following completion of the audit by Consultant and confirmation of corrections by the California Department of Tax and Fee Administration but shall not apply prospectively to any future quarter. Consultant shall provide City with an itemized quarterly invoice showing all formula calculations and amounts due for audit fees.

6. Consulting and Other Optional Services

6.1. Fees for performing the consulting and other optional Services described above shall be based on the following initial hourly rates: (i) Principal - $325; (ii) Programmer - $295; (iii) Senior Analyst - $245; and (iv) Analyst - $195.

6.2. Consultant may change the rates for its hourly Fees from time to time. A 30 days’ prior written notice to City will be given.

7. General Provisions Relating to Fees
DocuSign Envelope ID: 0616ADC2-15D2-4311-83DD-E982C574A2FC 353364

SCHEDULE A
Transactions Tax Audit Services
Economic Analysis/Forecasting and Related Services
1248933.1 Page 3 of 4

7.1. Fees for travel and lodging expenses will be invoiced at cost and applied to all meetings (including implementation, training, operations, and support). Travel expenses only apply to out-of-scope travel and must therefore be pre-approved by City.

7.2. Fees will be invoiced monthly to City for Services performed during the prior month. To the extent that Consultant has commercially reasonable means to do so, Fees will be netted out of City’s monthly revenue disbursement.

7. Confidentiality Information
Section 7056 of the State of California Revenue and Taxation Code (“R&T Code”) specifically limits the disclosure of confidential taxpayer information contained in the records of the CDTFA. Section 7056 specifies the conditions under which a city, county or district may authorize persons other than such city, county or district’s officers and employees to examine state sales and use tax records.

The following conditions specified in Section 7056-(b)(1) of the State of California R&T Code are hereby made part of this Agreement:

7.1. Consultant is authorized by this Agreement to examine sales, use or transactions and use tax records of the CDTFA provided to City pursuant to contract under the Bradley-Burns Uniform Local Sales and Use Tax Law R&T Code Section 7200 et.seq.

7.2. Consultant is required to disclose information contained in, or derived from, those sales or transactions and use tax records only to an officer or employee of City who is authorized by City resolution provided to the CDTFA to examine the information.

7.3. Consultant is prohibited from performing consulting services for a retailer (as defined in R&T Code Section 6015), during the term of this agreement.

7.4. Consultant is prohibited from retaining the information contained in or derived from those sales, use or transactions and use tax records after this agreement has expired. Information obtained by examination of the CDTFA records shall be used only for purposes related to collection of local sales and use tax or for other governmental functions of the City as set forth by resolution adopted pursuant to Section 7056 (b) of the Revenue and Taxation Code. The resolution shall designate the Consultant as a person authorized to examine sales and use tax records and certify that this agreement meets the requirements set forth above and in Section 7056 (b), (1) of the Revenue and Taxation Code.

8. Software Use and Proprietary Information
Software Use. Consultant hereby provides authorization to City to access Consultant’s Sales Tax website if City chooses to subscribe to the software and reports option. The website shall only be used by authorized City staff. No access will be granted to any third party without explicit written authorization by Consultant. City shall not sublet, duplicate, modify, decompile, reverse engineer, disassemble, or attempt to derive the source code of said software. The software use granted hereunder shall not imply ownership by City of said software, or any right of City to sell said software or the use of same, or any right to use said software for the benefit of others. This software use authorization is not transferable. Upon termination or expiration of this Agreement, the software use authorization shall expire, and all City staff website logins shall be de-activated.

Proprietary Information. As used herein, the term “proprietary information” means all information or material that has or could have commercial value or other utility in Consultant’s business, including DocuSign Envelope ID: 0616ADC2-15D2-4311-83DD-E982C574A2FC 354365

SCHEDULE A
Transactions Tax Audit Services
Economic Analysis/Forecasting and Related Services
1248933.1 Page 4 of 4
without limitation: Consultant’s (i) computer or data processing programs; (ii) data processing applications, routines, subroutines, techniques or systems; desktop or web-based software; (iii) business processes; (iv) marketing plans, analysis and strategies; and (v) materials and techniques used; as well as the terms and conditions of this Agreement. Except as otherwise required by law, City shall hold in confidence and shall not use (except as expressly authorized by this Agreement) or disclose to any other party any proprietary information provided, learned of or obtained by City in connection with this Agreement. The obligations imposed by this Section shall survive any expiration or termination of this Agreement or otherwise. The terms of this Section shall not apply to any information that is public information.

DocuSign Envelope ID: 0616ADC2-15D2-4311-83DD-E982C574A2FC 355366

01225.0001/458446.1 C-1
EXHIBIT “C”

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

DocuSign Envelope ID: 0616ADC2-15D2-4311-83DD-E982C574A2FC 356367

MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: APRIL 2, 2024

TO: MAYOR AND CITY COUNCIL MEMBERS, CITY OF CHINO
FROM: COUNCIL MEMBER CHRISTOPHER FLORES

SUBJECT
..titl e
Community Support Fund – Council Member Flores.
..end

RECOMMENDATION
..recommendation
Approve community support fund contribution of $500 to Don Lugo Sports Booster. ..body

FISCAL IMPACT
Sufficient funds have been included in the Fiscal Year 2023-24 Operating Budget.

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

Revenue:

Expenditure: 1002000 43300 N2032
Transfer In: Transfer Out:
357
CITY COUNCIL MEETING DATE: APRIL 2, 2024
TITLE: COMMUNITY SUPPORT FUND - COUNCIL MEMBER FLORES.

PAGE: 2

BACKGROUND
The City of Chino is fortunate to have multiple non -profits and community groups dedicated to serving the public and preserving Chino’s unique history. To assist in their ongoing efforts, the City Council from time to time authorizes expenditures from the City’s community support fund.

These expenditures serve a valid public purpose by helping to continue the outstanding services that these organizations provide to our community.

ISSUES/ANALYSIS
To continue this tradition, Council Member Flores recommends that the City Council approve the following contribution:
 $500 contribution to Don Lugo Sports Booster which provides support to every Don Lugo student athlete to conquer his or her future.

By approving this contribution, Don Lugo Sports Booster will be better equipped to provide services for the Chino Community . Therefore, as proposed by Council Member Flores, staff recommends that the City Council approve the community support contribution to Don Lugo Sports Booster.

358

01225.0001/863605.1

AMENDMENT NO. 5

TO AGREEMENT FOR SERVICES
THIS AMENDMENT TO THE AGREEMENT FOR SERVICES (“Amendment”) by and between the CITY OF CHINO, a California municipal corporation (“City”) and HINDERLITER DE LLAMAS & ASSOCIATES (“Consultant”) is effective as of the 2nd day of April, 2024.

RECITALS
A. City and Consultant entered into that certain Agreement for Contractual Services dated July 1st, 202 1 (“Agreement”) whereby Consultant agreed to provide Sales Tax Audit and Information Services.

B. On March 5, 2022, the City and Consultant entered into the first amendment to the Agreement to increase compensation by $15,000.00 to equal a total not -to-exceed amount of $75,000.00.

C. On July 1, 2022, the City and Consultant entered into a second amendment to the Agreement to renew for one additional year, increase compensation by $60,000 to equal a total not-to-exceed amount of $135,000 and include additional confidentiality language as required by the California Department of Tax and Fee Administration.

D. On July 1, 2023, the City and Consultant entered into a third amendment to the Agreement to renew for one additional year and increase compensation by $60,000 to equal a total not-to-exceed amount of $195,000.

E. On March 19, 2024, the City and Consultant entered into a fourth amendment to the Agreement to increase compensa tion by $40,000 to equal a total not -to-exceed amount of $235,000.

F. City and Consultant now desire to amend the Agreement to amend to the Scope of Services to add additional tasks to be performed by Consultant. All other terms and conditions remain unchanged.

TERMS

1. Contract Changes. The Agreement is amended as provided herein. (a). The Scope of Services, at Exhibit “A” shall be amended to add the additional tasks for Consultant to perform the following: Transactions Tax Audit, Economic Analysis/Forecasting and Related Services pertaining to the voter approved Measure V on March 5, 2024.

DocuSign Envelope ID: 0616ADC2-15D2-4311-83DD-E982C574A2FC 348359

01225.0001/863605.1
(b). The following Exhibits attached hereto are being added to all previous versions:

1. EXHIBIT “A” – SCOPE OF SERVICES

2. EXHIBIT “C” – SCHEDULE OF COMPENSATION

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

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

City represents and warrants to Consultant that, as of the date of this Amendment, Consultant is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or 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]

DocuSign Envelope ID: 0616ADC2-15D2-4311-83DD-E982C574A2FC 349360

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

CITY:

CITY OF CHINO, a municipal corporation

Linda Reich, City Manager
ATTEST:

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

ALESHIRE & WYNDER, LLP
_____________________________ _____________________________ Fred Galante, City Attorney Rob Burns, Department Director

CONSULTANT:

HINDERLITER, DE LLAMAS & ASSOCIATES
By:

Name: Andrew Nickerson
Title: President
By:

Name:

Title:

Address:120 S. State College Blvd. #200
Brea, CA 92821

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.

DocuSign Envelope ID: 0616ADC2-15D2-4311-83DD-E982C574A2FC 350361

01225.0001/458446.1 A-1
EXHIBIT “A”

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

DocuSign Envelope ID: 0616ADC2-15D2-4311-83DD-E982C574A2FC 351362

SCHEDULE A
Transactions Tax Audit Services
Economic Analysis/Forecasting and Related Services
1248933.1 Page 1 of 4

SERVICES

1. Transactions Tax and Economic Analysis/Forecasting Services/Reports

1.1. Consultant shall establish a database containing all applicable Department of Tax and Fee Administration (CDTFA) registration data for each business within the Measure “V” District boundaries holding a seller’s permit account. Said database shall also identify the quarterly transactions and use tax allocations under each account for the most current and previous quarters where available.

1.2 Consultant shall provide updated reports each quarter identifying changes in allocation totals by individual businesses, business groups and by categories. Quarterly aberrations due to State audits, fund transfers, and receivables, along with late or double payments, will also be identified.

Quarterly reconciliation worksheets to assist finance officer with budget forecasting will be included.

1.3. Consultant shall advise and work with CITY Staff on planning and economic questions related to maximizing revenues, preparation of revenue projections and general information on transactions and use tax questions.

1.4. Consultant shall make available to CITY the HdL proprietary software program and Measure “V” database containing all applicable registration and quarterly allocation information for CITY business outlets registered with the Department of Tax and Fee Administration. The database will be updated quarterly.

2. Deficiency/Allocation Reviews and Recovery

2.1. Consultant shall conduct on-going reviews to identify and correct unreported transactions and tax payments and distribution errors thereby generating previously unrealized revenue for the City.

Reviews shall include:

2.1.(a) Comparison of county-wide local tax allocations to transactions tax for brick and mortar stores and other cash register-based businesses, where clearly all transactions are conducted on-site within the Measure “V” City boundaries, and therefore subject to transactions tax.

2.1.(b) Review of any significant one-time use tax allocations to ensure that there is corresponding transaction tax payments for taxpayers with nexus within the City boundaries.

2.1.(c) Review of state-wide transactions tax allocations and patterns to identify any obvious errors and omissions.

2.1.(d) Identification and follow-up with any potentially large purchasers of supplies and equipment (e.g. hospitals, universities, manufacturing plants, agricultural operations, refineries) to ensure that their major vendors are properly reporting corresponding transactions tax payments to the Measure “V” Transactions Tax District.

2.2. Consultant will initiate, where the probability of an error exists, contacts with the appropriate taxpayer management and accounting officials to verify whether current tax receipts accurately reflect the local sales activity. Such contacts will be conducted in a professional and courteous manner so as to enhance CITY’s relations with the business community.

EXHIBIT A-1
DocuSign Envelope ID: 0616ADC2-15D2-4311-83DD-E982C574A2FC 352363

SCHEDULE A
Transactions Tax Audit Services
Economic Analysis/Forecasting and Related Services
1248933.1 Page 2 of 4

2.2. Consultant shall prepare and submit to the Department of Tax and Fee Administration all information necessary to correct any allocation errors and deficiencies that are identified and shall follow-up with the individual businesses and the California Department of Tax and Fee Administration to ensure that all back quarter payments due the CITY are recovered.

3. Consulting and Other Optional Services
Consultant may from time to time in its sole discretion, consult with City’s staff, including without limitation, regarding (i) technical questions and other issues related to sales, use and transactions tax, (ii) utilization of reports to enhance business license collection efforts, (iii) sales tax projections for proposed annexations, economic development projects and budget planning, (iv) negotiating/review of tax sharing agreements, (v) establishing purchasing corporations, (vi) meeting with taxpayers to encourage self-assessment of tax obligations, and (vii) other sales, use or transactions tax revenue- related matters.

FEES

4. Transactions Tax and Economic Analysis/Forecasting Services/Reports

4.1. Fees shall be paid $200 monthly billed quarterly for the transaction district tax reports that we include with the quarterly sales tax analyses. The monthly fee shall be invoiced quarterly in arrears and shall be paid by City no later than 30 days after the invoice date.

4.2. Consultant may change the non-hourly Fees established above once a year. Any such change must be with reference to the 12-month percent change in the most recently published annual Consumer Price Index for All Urban Consumers (CPI-U), as reported by the U.S. Bureau of Labor Statistics (the “CPI Change”).

5. Allocation and Audit Recovery Services

4.1 Fees shall be paid 25% of the initial amount of new transactions or use tax revenue received by the City because of audit and recovery work performed by Consultant, (hereafter referred to as "audit fees"). New revenue shall not include any amounts determined and verified by City or Consultant to be increment attributable to causes other than Consultant’s work pursuant to this agreement. In the event, Consultant is responsible for an increase in the tax reported by businesses already properly making tax payments to the City, it shall be Consultant’s responsibility to separate and support the incremental amount attributable to its efforts prior to the application of the audit fee.

Said audit fees will apply to state fund transfers received for those specific quarters identified as being missing and/or deficient following completion of the audit by Consultant and confirmation of corrections by the California Department of Tax and Fee Administration but shall not apply prospectively to any future quarter. Consultant shall provide City with an itemized quarterly invoice showing all formula calculations and amounts due for audit fees.

6. Consulting and Other Optional Services

6.1. Fees for performing the consulting and other optional Services described above shall be based on the following initial hourly rates: (i) Principal - $325; (ii) Programmer - $295; (iii) Senior Analyst - $245; and (iv) Analyst - $195.

6.2. Consultant may change the rates for its hourly Fees from time to time. A 30 days’ prior written notice to City will be given.

7. General Provisions Relating to Fees
DocuSign Envelope ID: 0616ADC2-15D2-4311-83DD-E982C574A2FC 353364

SCHEDULE A
Transactions Tax Audit Services
Economic Analysis/Forecasting and Related Services
1248933.1 Page 3 of 4

7.1. Fees for travel and lodging expenses will be invoiced at cost and applied to all meetings (including implementation, training, operations, and support). Travel expenses only apply to out-of-scope travel and must therefore be pre-approved by City.

7.2. Fees will be invoiced monthly to City for Services performed during the prior month. To the extent that Consultant has commercially reasonable means to do so, Fees will be netted out of City’s monthly revenue disbursement.

7. Confidentiality Information
Section 7056 of the State of California Revenue and Taxation Code (“R&T Code”) specifically limits the disclosure of confidential taxpayer information contained in the records of the CDTFA. Section 7056 specifies the conditions under which a city, county or district may authorize persons other than such city, county or district’s officers and employees to examine state sales and use tax records.

The following conditions specified in Section 7056-(b)(1) of the State of California R&T Code are hereby made part of this Agreement:

7.1. Consultant is authorized by this Agreement to examine sales, use or transactions and use tax records of the CDTFA provided to City pursuant to contract under the Bradley-Burns Uniform Local Sales and Use Tax Law R&T Code Section 7200 et.seq.

7.2. Consultant is required to disclose information contained in, or derived from, those sales or transactions and use tax records only to an officer or employee of City who is authorized by City resolution provided to the CDTFA to examine the information.

7.3. Consultant is prohibited from performing consulting services for a retailer (as defined in R&T Code Section 6015), during the term of this agreement.

7.4. Consultant is prohibited from retaining the information contained in or derived from those sales, use or transactions and use tax records after this agreement has expired. Information obtained by examination of the CDTFA records shall be used only for purposes related to collection of local sales and use tax or for other governmental functions of the City as set forth by resolution adopted pursuant to Section 7056 (b) of the Revenue and Taxation Code. The resolution shall designate the Consultant as a person authorized to examine sales and use tax records and certify that this agreement meets the requirements set forth above and in Section 7056 (b), (1) of the Revenue and Taxation Code.

8. Software Use and Proprietary Information
Software Use. Consultant hereby provides authorization to City to access Consultant’s Sales Tax website if City chooses to subscribe to the software and reports option. The website shall only be used by authorized City staff. No access will be granted to any third party without explicit written authorization by Consultant. City shall not sublet, duplicate, modify, decompile, reverse engineer, disassemble, or attempt to derive the source code of said software. The software use granted hereunder shall not imply ownership by City of said software, or any right of City to sell said software or the use of same, or any right to use said software for the benefit of others. This software use authorization is not transferable. Upon termination or expiration of this Agreement, the software use authorization shall expire, and all City staff website logins shall be de-activated.

Proprietary Information. As used herein, the term “proprietary information” means all information or material that has or could have commercial value or other utility in Consultant’s business, including DocuSign Envelope ID: 0616ADC2-15D2-4311-83DD-E982C574A2FC 354365

SCHEDULE A
Transactions Tax Audit Services
Economic Analysis/Forecasting and Related Services
1248933.1 Page 4 of 4
without limitation: Consultant’s (i) computer or data processing programs; (ii) data processing applications, routines, subroutines, techniques or systems; desktop or web-based software; (iii) business processes; (iv) marketing plans, analysis and strategies; and (v) materials and techniques used; as well as the terms and conditions of this Agreement. Except as otherwise required by law, City shall hold in confidence and shall not use (except as expressly authorized by this Agreement) or disclose to any other party any proprietary information provided, learned of or obtained by City in connection with this Agreement. The obligations imposed by this Section shall survive any expiration or termination of this Agreement or otherwise. The terms of this Section shall not apply to any information that is public information.

DocuSign Envelope ID: 0616ADC2-15D2-4311-83DD-E982C574A2FC 355366

01225.0001/458446.1 C-1
EXHIBIT “C”

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

DocuSign Envelope ID: 0616ADC2-15D2-4311-83DD-E982C574A2FC 356367