Chino City Council
June 4, 2024

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

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

CHINO CITY COUNCIL

SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY

CITY HALL COUNCIL CHAMBERS
13220 CENTRAL AVENUE
CHINO, CA 91710
TUESDAY, JUNE 4, 2024

REGULAR MEETING
AGENDA
CLOSED SESSION – 4:30 PM
OPEN SESSION – 6:00 PM
_________________________________________________________________________________

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

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

CLOSED SESSION

1. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Government Code Section 54956.9 Number of Potential Cases: One

2. CONFERENCE WITH LABOR NEGOTIATOR
Pursuant to Government Code Section 54957.6:

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

Employee Organizations: Chino City Hall Confidential Employee Association; Chino Police Professional Employees Association; Teamsters Local1932 Professioinal, Technical and Clerical Unit; American Federation of State, County, and Municipal Employees (AFSCME District Council 36 - Local 3183); Unrepresented Management; and Part-time Employees. 1 CHINO CITY COUNCIL
JUNE 4, 2024 2

FLAG SALUTE

CEREMONIALS
Presentations
Chino Cultural Foundation's Student Scholarship Recipients. Recognition of Youth Arts, Rose Ann Hammond Memorial, and Gretchen Hartt McCombs Memorial Music Scholarship Recipients.

Business of the Month. Award of Business of the Month for June 2024 to Hottinger Family Meats.

Mayor’s Home Beautification Award. Award of Mayor’s Home Beautification Award for June 2024.

REPORT OUT OF CLOSED SESSION

AGENDA ADDITIONS/REVISIONS

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

PUBLIC COMMENTS
This is the time and place for the general public to address the City Council about subjects that do not appear elsewhere on the agenda. Due to Council policy and Brown Act requirements, action will not be taken on any issues not on the Agenda. Ordinance No. 97-08 (Chino Municipal Code Section 2.04.090) limits speakers to no more than five (5) minutes in which to address Council, except as provided under Government Code 54954.3 (b)(2). If more than three (3) persons seek to address the same agenda item or the same subject matter, the Mayor shall establish a maximum period of time not to exceed thirty (30) minutes.

CONSENT CALENDAR
At this time, members of the public may present testimony as to why an item should be removed from the Consent Calendar for separate discussion. Unless a member of the public or City Council requests that an item be removed from the Consent Calendar, all items will be acted upon as a whole and by one vote. Items placed on the Consent Calendar represent routine expenditures and/or actions that support ongoing City operations.

1. Warrants. Approve expenses as audited and within budget for warrants 770749 to 771079, and Electronic Fund Transfers 519314E to 519439E, totaling $6,910,737.31.

2. Minutes. Approve Minutes for a) Regular Meeting on May 21, 2024 (All Members Present) and b) Special Meeting on March 20, 2024 (Mayor Pro Tem Comstock Absent-Excused).

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

4. City Council Meeting Cancellations for the Month August 2024. Authorize staff to cancel the August 6 and August 20, 2024 regular City Council Meetings. 2 CHINO CITY COUNCIL
JUNE 4, 2024 3

5. November 5, 2024 General Municipal Election. Adopt Resolution No. 2024 -025 and 2024-026 calling for the General Municipal Election to be held on Tuesday, November 5, 2024, for election of certain officers; requesting consolidation of the election; and establishing candidate statement regulations.

6. Adoption of Ordinance No. 2024 -008 and Resolution No. 2024 -021. Approve adoption of Ordinance No. 2024 -008 (Second Reading), adding Chapter 12.24, “Limitation on Use of City Property”, to the Chino Municipal Code and approve Resolution No. 2024 -021 establishing limits on access to City owned or controlled property.

ORDINANCE 2024 -008 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO, CALIFORNIA, ADDING CHAPTER 12.24 (LIMITATION ON USE OF CITY

PROPERTY) TO THE CHINO MUNICIPAL CODE

7. Approve a Service Agreement for Accela Migration and Upgrade to Software as a Service (SaaS). Approve a Service Agreement with Accela, Inc. of San Ramon, California, in the amount of $78,000.00 for the migration to Accela's Software as a Service (SaaS).

8. Notice of Completion - Street Rehabilitation Project - Pipeline Ave (ST162) and Traffic Signal Modification Project - Grand Avenue at Spectrum East and West (TR171). Accept the Street Rehabilitation Project – Pipeline Ave (ST162) and Traffic Signal Modification Project – Grand Avenue at Spectrum East and West (TR171), with Sequel Contractor, Inc., Santa Fe Springs, CA, Contract 2022-062 as complete.

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

9. Community Development Block Grant (CDBG) 2024 -2025 Annual Action Plan. Conduct a Public Hearing and Approve the 2024-2025 One-Year Action Plan for the CDBG Program.

Staff Report By: Traci Rossetti-Smith, Senior Management Analyst RECOMMENDATION: 1) Conduct a public hearing to receive testimony and approve the 2024-2025 One-Year Action Plan for the Community Development Block Grant (CDBG) Program; 2) carryover funds in the amount of $125,591.65 of unexpended funds from Program Year 2022-2023, $31,500 (G6231) for the completion of the Economic Development Facade Program and $219,256 for the completion of the Alley Improvement Project (SN240); 3) authorize the City Manager to execute all required United States Department of Housing and Urban Development (HUD) documents and submit the 2024-2025 CDBG One-Year Action Plan to HUD; and 4) authorize staff to complete all federal environmental reviews per 24 Code of Federal Regulations (CFR), Part 58.

NEW BUSINESS

10. Annual Contract Amendments/Renewals and Blanket Purchase Orders. Authorize the annual contract amendments or renewals, issue blanket purchase orders, and authorize the City Manager to execute all necessary documents on behalf of the City.

Staff Report By: Jizelle Sandoval, Purchasing Manager
RECOMMENDATION: Authorize the annual contract amendments or renewals, issue blanket purchase orders, and authorize the City Manager to execute all necessary documents on behalf of the City.
3 CHINO CITY COUNCIL
JUNE 4, 2024 4

11. Award of Contract - Citywide Tree Trimming and Tree Maintenance Services. Award a Professional Services Agreement to West Coast Arborists, Inc., Anaheim, CA for Citywide Tree Trimming and Tree Maintenance Services in the amount of $999,976 with a five-year term.

Staff Report By: Sal Parra, Public Works Supervisor
RECOMMENDATION: Award a Professional Services Agreement with West Coast Arborists, Inc., Anaheim, CA, for Citywide Tree Trimming and Tree Maintenance Services, in the amount of $999,976 with a five -year term and authorize the City Manager to execute all necessary documents on behalf of the City.

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

Mayor Ulloa
Mayor Pro Tem Comstock
Council Member Burton
Council Member Flores
Council Member Lucio
City Manager's Report
City Attorney's Report
Police Chief's Report
Fire Chief's Report

ADJOURN
The next Regular Meeting of the City Council will be held on Tuesday, June 18, 2024 at 6:00 p.m. (Closed Session no earlier than 4:00 p.m. if necessary) in these Council Chambers.

I, Natalie Gonzaga, City Clerk of the City of Chino, hereby declare that on Thursday, May 30, 2024 this agenda was posted on the south window of Chino City Hall and this agenda together with all of the agenda reports and related documents were posted on the City’s website at www.cityofchino.org by myself or under my direction.
_______________________________________
Natalie Gonzaga, City Clerk.
4 MEMORANDUM

CITY OF CHINO

COMMUNITY SERVICES, PARKS & RECREATION DEPARTMENT

CITY COUNCIL MEETING DATE: JUNE 4, 2024

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

RECREATION

SUBJECT
..titl e
Recognition of Chino Cultural Foundation’s Student Scholarship Recipients. ..end
..body

5 MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: JUNE 4, 2024

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

SUBJECT
..titl e
Business of the Month June 2024 – Hottinger Family Meats. ..end
..body

6 MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: JUNE 4, 2024

TO: MAYOR AND CITY COUNCIL MEMBERS, CITY OF CHINO
FROM: EUNICE M. ULLOA, MAYOR

SUBJECT
..titl e
Award of Mayor’s Home Beautification Award for June 2024. ..end
..body

7 MEMORANDUM

CITY OF CHINO

FINANCE DEPARTMENT

CITY COUNCIL MEETING DATE: JUNE 4, 2024

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

SUBJECT
..titl e
Warrants.
..end

RECOMMENDATION
Approve expenses as audited and within budget for warrants 770749 to 771079, and Electronic Fund Transfers 519314E to 519439E, totaling $6,910,737.31. ..body

FISCAL IMPACT
Sufficient funds have been included in the Fiscal Year 23-24 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:
 Financial Stability

Revenue:

Expenditure:

Transfer In: Transfer Out:
8 CITY COUNCIL MEETING DATE: JUNE 4, 2024
TITLE: WARRANTS.

PAGE: 2

BACKGROUND
As prescribed by Government Code Sections 37202 and 37208, the following demand registers are herewith submitted for Council ratification:

NO. WARRANTS DATE FY AMOUNT

1. 770749 – 770755 5/14/24 23-24 $280.00

2. 770756 – 770934 5/16/24 23-24 $1,395,566.00

3. 770935 – 771079 5/23/24 23-24 $2,790,418.69

4. 519314E – 519381E 5/17/24 23-24 $598,135.03

5. 519382E – 519439E 5/24/24 23-24 $2,126,337.59

E: Electronic Fund Transfer
TOTAL $6,910,737.31

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

RB:hm
Attachment

9 Council Meeting 6/4/24

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

Check
Number
Check Date Vendor Name Description Amount
770760 05/16/2024 ACT 1 CONSTRUCTION, INC. CHINO RANCHO PARK DEVELOPMENT $295,782.50 770786 C P CONSTRUCTION CO INC KIMBALL AVE IMPROVEMENTS- PRESERVE $97,190.70 770836 HAZEN AND SAWYER WELLS 4 & 6 TREATMENT $77,661.50 770910 SO CAL EDISON CO SERVICE PERIOD: 05/30/23-04/29/24 $224,286.22 770932 WESTERN SYSTEMS, INC TRAFFIC SIGNAL BATTERY $92,242.83 519343 05/17/2024 INLAND EMPIRE UTILITIES AGENCY RECYCLED WATER $78,379.81 519354 MICON CONSTRUCTION, INC. OSHM BARN & SITE IMPROVEMENTS $57,498.52 519377 WATER FACILITIES AUTHORITY IMPORTED WATER $181,473.52 770939 05/23/2024 ALESHIRE & WYNDER LLP LEGAL SERVICES $357,132.86 770953 BIGGS CARDOSA ASSOCIATES, INC. DESIGN AND BID SUPPORT $70,931.00 770961 CHINO DEVELOPMENT CORPORATION STORM DRAIN IMPROVEMENT

REIMBURSEMENT-PRESERVE
$500,000.00
770981 FAIRVIEW FORD SALES, INC. ELEVEN (11) 2025 FORD UTILITY VEHICLES $367,898.10 770992 HARDY & HARPER INC AS NEEDED PAVEMENT REMOVAL & REPAIR
$156,240.00
770994 HDL,COREN & CONE PROPERTY TAX AUDIT & RECOVERY $131,047.66 771022 MCC EQUIPMENT RENTALS, INC. WELL 11 RAW WATER $144,341.97 771070 US BANK CORPORATE PAYMENT SYS PURCHASING CARD -4/22/24 $52,417.84 771075 WASTE MANAGEMENT COLLECTION SERVICES $551,220.19 771077 WEST COAST ARBORISTS INC TREE TRIMMING SERVICES - APRIL $99,675.35 519395 05/24/2024 CHINO VALLEY INDEPENDENT FIRE DISTRICT FIRE PROTECTION SERVICES $1,395,000.00 519413 MICON CONSTRUCTION, INC. OLD SCHOOL HOUSE BARN & SITE

IMPROVEMENTS
$101,150.36
519416 MODEL 1 COMMERCIAL VEHICLES, INC. CITY CONSIDERATION 01/01/24-03/31/24 $237,437.37 519432 NEW TANGRAM LLC CITY HALL 2ND FLOOR FURNITURE $156,055.98 22 TOTAL $5,425,064.28

10 MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: JUNE 4, 2024

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

SUBJECT
..titl e
Minutes.
..end
..body

11 CHINO CITY COUNCIL

SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY

REGULAR MEETING - CITY HALL COUNCIL CHAMBERS
13220 CENTRAL AVENUE
CHINO, CA 91710
TUESDAY, MAY 21, 2024

MINUTES
OPEN SESSION – 6:00 PM
_________________________________________________________________________________

CALL TO ORDER
The May 21, 2024, Regular Meeting of the Chino City Council / Successor Agency to the Redevelopment Agency was called to order at 6:03 pm by Mayor Eunice M. Ulloa in the Council Chambers.

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

FLAG SALUTE
Troop 1248 American Legion Post 299 led the assembly in reciting the Pledge of Allegiance.

CEREMONIALS
National Public Works Week. Proclamation for National Public Works Week, May 19-25, 2024.

Mayor Ulloa read into the record the Proclamation designating May 19 -25, 2024 as National Public Works Week in Chino. Hye Jin Lee, Director of Public Works, Sal Parra, Public Works Supervisor, and Public Works Department staff were present to accept the Proclamation.

Retirement Recognition. James E. Jenkins, Director of Airports for San Bernardino County.

Mayor Ulloa presented a certificate of recognition to James Jenkins for his 33 years of service to San Bernardino County retiring as Director of Airports and welcomed Brett Godown as the incoming Director of Airports.

Business of the Month. Award of Business of the Month for May 2024 to M.K. Smith Chevrolet.

Mayor Ulloa presented the May 2024 Business to the Month Award to M.K. Smith Chevrolet President and General Manager Marc Smith.

PRESENTATION
San Bernardino County Transportation Authority (SBCTA). Receive a Presentation from Dr. Raymond Wolfe, Executive Director, SBCTA.

Dr. Wolfe, Executive Director, SBCTA provided a presentation regarding the San Bernardino County Transportation Authority goals and objectives to enhance transportation throughout the 12 CHINO CITY COUNCIL
MAY 21, 2024 2
County. Dr. Wolfe reported on Measure I completed projects and projects nearing completion, noting the specific projects and funding in the City of Chino.

Mayor Ulloa asked if SBCTA is considering extending Measure I, and Dr. Wolfe confirmed, yes.

Council Member Burton asked if there are plans to widen Highway 71 southbound to the 91 Freeway. Dr. Wolfe confirmed there are no plans to widen this thoroughfare and advised the City to connect with Caltrans, including State and Federal legislators, as the location is not in San Bernardino County.

AGENDA ADDITIONS/REVISIONS
City Manager Linda Reich announced Consent Calendar Item No. 5 will be pulled for a staff report.

PUBLIC ANNOUNCEMENTS
Mayor Ulloa announced the following scheduled community events and reminders:

The American Legion Elmer C. Jertberg Post 299, in partnership with the City of Chino, will host the annual Memorial Day event on Monday, May 27, 2024, from 10:00 a.m. to 11:00 a.m. at the Community Building, 5443 B Street, to honor the brave men and women who have sacrificed their lives for our freedom. For more information, contact the Carolyn Owens Community Center at 909-334-3258.

Chino City Hall will be closed on Monday, May 27, 2024, in observance of Memorial Day and reopen Tuesday, May 28 at 7:30 a.m.

Healthy Grilling Workshops will take place June 7, July 12 and August 2, 2024. During these hands-on cooking sessions, participants will learn how to prepare and cook healthy meals along with smart grilling techniques. For more information, visit www. cityofchino.org/HealthyChino.

Chino Summer Movie Night Series will take place on the City Hall Lawn starting on June 14 with "Barbie" and continues every Friday through July 26, 2024, except for June 28, due to the Fireworks Spectacular event.

PUBLIC COMMENTS
Pastor Steve Hurlbert, Calvary Chapel Chino Hills, provided the invocation.

Melissa Compani, Representative, Fourth District San Bernardino County Supervisor Curt Hagman, announced updates and upcoming events.

Michael Gales, Chino resident, thanked the Chino Police Department for keeping the community safe.

CONSENT CALENDAR

1. Warrants. Approve expenses as audited and within budget for warrants 770480 to 770748, and Electronic Fund Transfers 519232E to 519313E, totaling $6,523,702.22.

2. Minutes. Regular Meeting Minutes for May 7, 2024 (All Members Present). 13 CHINO CITY COUNCIL
MAY 21, 2024 3

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

4. Property Tax Allocation for Annexation - LAFCO Reorganization (Detachment/Annexation from County Service Area 70) No. 3269 - Ramona Francis Annexation. Adopt Resolution No. 2024-023, determining the amount of property tax revenues to be exchanged between and among the City of Chino and the County of San Bernardino, resulting from the jurisdictional change described by LAFCO 3269 (PL23-0014, Annexation).

Item No. 5 was pulled from the Consent Calendar for a staff report.

6. Pine Avenue Improvements Project (ST203) - Professional Services Agreement with Moffatt & Nichol. Award a Professional Services Agreement in the amount of $362,810 to Moffatt & Nichol, Long Beach, CA, for Consulting Services for Environmental Compliance, Regulatory Permitting, Right of Way, and Utility Coordination.

7. Euclid Bridge Avenue Project (ST243) - Professional Services Agreement with Project Partners, Laguna Hills, CA for Project Management Services. Approve an appropriation of $426,000 from the Transportation Fund (320) backfilled by the General Fund (100) reserves with a corresponding increase to the project budget and award a Professional Services Agreement to Project Partners for $426,000.

8. Benson Reservoir Improvement Project (WA213) - Professional Services Agreement - Dudek, Encinitas, CA for Engineering Design and Bid Support Services. Award a Professional Services Agreement to Dudek for $694,851 for Engineering Design and Bid Support Services for the Benson Reservoir Improvement Project (WA213) and authorize expenditures up to $83,916 for project management services.

9. Acceptance of CalRecycle Used Oil Payment Program (OPP14) Grant funds. Authorize the acceptance of an award of funds from the State Department of Resources, Recycling and Recovery (CalRecycle) Used Oil Payment Program (OPP14) for $13,034.

10. Final Acceptance of Public Improvements for PL18 -0038 Special Conditional Use Permit, Tang & Sung Investment LLC (Wing Lee Farms ), located at 13625 Yorba Avenue. Accept public improvements as complete for PL18-0038 Special Conditional Use Permit; authorize release of the performance bond and initiate the warranty bond; and authorize the City Manager to execute the necessary documents on behalf of the City.

11. Final Acceptance of Public Improvements for Site Approval PL16 -0671, G&SS Restaurant Corporation (Andy’s Burger ), located at 4616 Riverside Drive Avenue. Accept public improvements as complete for Site Approval PL16 -0671; authorize release of the performance bond and initiate the warranty bond; and authorize the City Manager to execute the necessary documents on behalf of the City.

Motion by Council Member Flores, seconded by Mayor Pro Tem Comstock, to approve the Consent Calendar items 1 -4 and 6 -11 as presented. The motion carried by the following vote:

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

ABSENT: NONE.
14 CHINO CITY COUNCIL
MAY 21, 2024 4

ITEMS PULLED FROM THE CONSENT CALENDAR

5. Local Hazard Mitigation Plan Consultant Agreement. Award a contract to Integrated Solutions Consulting, Inc. in the amount of $78,750 for the purpose of updating the City of Chino’s Local Hazard Mitigation Plan.

Aaron Kelliher, Lieutenant, provided a report on the item.

Council Member Lucio requested staff expedite the completion of the Local Hazard Mitigation Plan, in order for the City to seek FEMA grant funding for the Pine Avenue improvement project. Chief Mensen reported staff will meet with the consultant and establish monthly meetings to obtain frequent updates to ensure the mitigation plan completion is expedited.

Council Member Lucio stated once the Local Hazard Mitigation Plan is complete, it may assist with the Army Corps of Engineers regarding Euclid Avenue flooding concerns.

Mayor Pro Tem Comstock requested progress reports on the project.

Motion by Council Member Burton, seconded by Council Member Lucio, to approve Item

5. 24-213 Local Hazard Mitigation Plan Consultant Agreement. The motion carried by the following vote:

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

ABSENT: NONE.

NEW BUSINESS

12. Naming of Falloncrest Community Park Site. Approve "Stueve Family Park" as the name of the

6.99-acre public park located west of East Preserve Loop, south of the Southern California Edison (SCE) Easement, and north of Bickmore Avenue.

Staff Report By: Jeffrey Benson, Parks & Capital Projects Manager RECOMMENDATION: Adopt the name “Stueve Family Park” as the name of the new community park set to be part of the Falloncrest development.

Jeffrey Bensen, Parks & Capital Improvement Projects Manager gave a presentation on the item.

Mr. Dan Stueve spoke in support of the proposal to name the Falloncrest Community Park in honor of his family.

Council Member Burton thanked the Stueve family for their contributions to the Chino community and the region.

Mayor Pro Tem Comstock acknowledged Mr. and Mrs. Bidart, who advocated for the park to be named after the Stueve Family.

Motion by Council Member Flores, seconded by Council Member Lucio, to Adopt the name "Stueve Family Park" as the name of the new community park set to be part of the Falloncrest development. The motion carried by the following vote:
15 CHINO CITY COUNCIL
MAY 21, 2024 5
AYES: ULLOA, COMSTOCK, BURTON, FLORES, AND LUCIO
NOES: NONE.

ABSENT: NONE.

13. Transportation Right-of-Way ADA Improvements Project (ST173) and the Street Rehabilitation FY 23-24 Project (ST241) - Approve a Construction Contract with CT & T Concrete Paving Inc., Professional Services Agreement with Leighton Consulting, Inc., and Authorize Expenditures for Construction Management Services and Overtime Inspection Costs. Various approvals for the Transportation Right-of-Way ADA Improvements Project (ST173) and Street Rehabilitation FY 23-24 Project (ST241).

Staff Report By: Eduardo Diaz, Associate Engineer
RECOMMENDATION: Approve the 1) appropriation of $3,165,486 to the Transportation Fund (320) for the Street Rehabilitation FY2023 -2024 Project (ST241), with a corresponding year-end transfer in the same amount from the General Fund (100) reserves; 2) award a construction contract to CT&T Concrete Paving Inc., Diamond Bar, CA for the Transportation Right-of-Way ADA Improvements Project (ST173) and the Street Rehabilitation FY 23 -24 Project (ST241) for $2,645,501.07 and authorize up to $264,551 (10% of the contract amount) for construction contingencies for a total amount not to exceed $2,910,052.07; 3) award a Professional Services Agreement with Leighton Consulting, Inc. Rancho Cucamonga, CA, for Geotechnical Engineering Services for the Transportation Right -of-Way ADA Improvements Project (ST173) and the Street Rehabilitation FY2023 -2024 Project (ST241) for $54,223; 4) authorize expenditures of up to $191,210 for construction management services, and $10,000 for overtime inspection costs for the Transportation Right -of-Way ADA Improvements Project (ST173) and the Street Rehabilitation FY2023 -2024 Project (ST241); and 5) authorize the City Manager to execute the necessary documents on behalf of the City.

Eduardo Diaz, Associate Engineer, gave a presentation on the item.

Motion by Council Member Flores, seconded by Council Member Lucio, to Approve the 1) appropriation of $3,165,486 to the Transportation Fund (320) for the Street Rehabilitation FY2023 -2024 Project (ST241), with a corresponding year -end transfer in the same amount from the General Fund (100) reserves; 2) award a construction contract to CT&T Concrete Paving Inc., Diamond Bar, CA for the Transportation Right-of-Way ADA Improvements Project (ST173) and the Street Rehabilitation FY 23 -24 Project (ST241) for $2,645,501.07 and authorize up to $264,551 (10% of the contract amount) for construction contingencies for a total amount not to exceed $2,910,052.07; 3) award a Professional Services Agreement with Leighton Consulting, Inc. Rancho Cucamonga, CA, for Geotechnical Engineering Services for the Transportation Right-of-Way ADA Improvements Project (ST173) and the Street Rehabilitation FY2023-2024 Project (ST241) for $54,223; 4) authorize expenditures of up to $191,210 for construction management services, and $10,000 for overtime inspection costs for the Transportation Right -of-Way ADA Improvements Project (ST173) and the Street Rehabilitation FY2023 -2024 Project (ST241); and 5) authorize the City Manager to execute the necessary documents on behalf of the City. The motion carried by the following vote:

AYES: ULLOA, COMSTOCK, BURTON, FLORES, AND LUCIO
NOES: NONE.
16 CHINO CITY COUNCIL
MAY 21, 2024 6
ABSENT: NONE.

14. Kimball Avenue Median Improvements Project. Approve a Cooperative Agreement between the City of Chino and San Bernardino County for the Kimball Avenue Median Improvements Project; Award a Construction Contract to Metrocell Construction and Professional Services Agreement with AESCO, Inc.

Staff Report By: Dennis Ralls, City Traffic Engineer
RECOMMENDATION: Approve the 1) establishment of a new CIP project entitled “Kimball Avenue Median Improvement Project ”, G7241 with a total project budget of $319,323.40; 2) appropriate $319,323.40 to the Transportation Fund (320), with a corresponding increase in grant revenue from the County of San Bernardino American Plan Rescue Act (ARPA) Funds and $4,999.40 backfill from the General Fund (100) reserves; 3) approve a Cooperative Agreement between the City of Chino and San Bernardino County to establish reimbursement obligations for the Kimball Avenue Median Improvements Project G7241 for $314,324; 4) award a Construction Contract for $250,399.40 to Metrocell Construction Inc., Ontario, CA for the Kimball Avenue Median Improvements Project and authorize up to $25,040 (10% of the contract amount) for construction contingencies for a total amount not to exceed $275,439.40; 5) approve a Professional Service Agreement with AESCO, Inc., Huntington Beach, CA for Geotechnical Engineering Services for the Kimball Avenue Median Improvements Project for $13,184; 6) authorize expenditures of up to $15,700.00 for construction management services, $10,000 for design services and $5,000 for overtime inspection costs; and 7) authorize the City Manager to execute all necessary documents on behalf of the City.

Dennis Ralls, City Traffic Engineer gave a presentation on the item.

Doug Crowther of Threshold Aviation, spoke in favor of the proposed project.

Mayor Ulloa stated she hopes this project will improve the flow of traffic to the businesses.

Council Members expressed appreciation to Threshold Aviation for their commitment to the community.

Motion by Mayor Pro Tem Comstock, seconded by Council Member Flores, to Approve the 1) establishment of a new CIP project entitled "Kimball Avenue Median Improvement Project", G7241 with a total project budget of $319,323.40; 2) appropriate $319,323.40 to the Transportation Fund (320), with a corresponding increase in grant revenue from the County of San Bernardino American Plan Rescue Act (ARPA) Funds and $4,999.40 backfill from the General Fund (100) reserves; 3) approve a Cooperative Agreement between the City of Chino and San Bernardino County to establish reimbursement obligations for the Kimball Avenue Median Improvements Project G7241 for $314,324; 4) award a Construction Contract for $250,399.40 to Metrocell Construction Inc., Ontario, CA for the Kimball Avenue Median Improvements Project and authorize up to $25,040 (10% of the contract amount) for construction contingencies for a total amount not to exceed $275,439.40; 5) approve a Professional Service Agreement with AESCO, Inc., Huntington Beach, CA for Geotechnical Engineering Services for the Kimball Avenue Median Improvements Project for $13,184; 6) authorize expenditures of up to $15,700.00 for construction management services, $10,000 for design services and $5,000 for overtime inspection costs; and 7) authorize the City Manager to execute all necessary documents on behalf of the City. The motion carried by the following vote:

AYES: ULLOA, COMSTOCK, BURTON, FLORES, AND LUCIO
17 CHINO CITY COUNCIL
MAY 21, 2024 7
NOES: NONE.

ABSENT: NONE.

15. Ordinance 2024-008 Adding Chapter 12.24, "Limitation on Use of City Property", to the Chino Municipal Code. Approve the introduction of Ordinance No. 2024-008, an Ordinance of the City Council of the City of Chino, California, adding Chapter 12.24, Limitation on Use of City Property, to the Chino Municipal Code.

Staff Report By: Fred Galante, City Attorney
RECOMMENDATION: Approve the introduction of Ordinance No. 2024 -008, to be read by number and title only and waive further reading of the Ordinance, adding Chapter 12.24, “Limitation on Use of City Property”, to the Chino Municipal Code, to permit the City to establish limits on access to City owned or controlled properties, to be established via Resolution.

Fred Galante, City Attorney, provided a report on the item.

Mayor Ulloa asked if the proposed Ordinance would help prevent unhoused encampments in these locations between the hours of 10:00 p.m. and 6:00 a.m., and City Attorney Galante stated it would.

Chief Mensen explained the Ordinance would assist the Chino Police Department to enforce the limitations on use of City property.

Motion by Mayor Pro Tem Comstock, seconded by Council Member Flores, to Approve the introduction of Ordinance No. 2024 -008, to be read by number and title only and waive further reading of the Ordinance, adding Chapter 12.24, "Limitation on Use of City Property", to the Chino Municipal Code, to permit the City to establish limits on access to City owned or controlled properties, to be established via Resolution. The motion carried by the following vote:

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

ABSENT: NONE.

16. Resolution Amending the City's Classification and Salary Schedule. Adopt Resolution No. 2024-024 amending the City’s Classification and Salary Schedule to add positions that will enhance the support of essential City services.

Staff Report By: Linda Reich, City Manager
RECOMMENDATION: Adopt Resolution No. 2024 -24 amending the Classification and Salary Schedule to add the following positions and appropriate funds in the FY 2024 -25 Mid-Term Budget: One (1) Sergeant; one (1) Corporal; two (2) Police Officer; one (1) Principal Engineer; two (2) Associate Engineer; one (1) Information Technology Analyst (GIS); one (1) Assistant Parks and Capital Projects Manager; one (1) Facilities Maintenance Technician; one (1) Human Resources and Risk Management Analyst; and one (1) Management Analyst (Administration/Economic Development).

City Manager Reich provided a report on the item.

Mayor Ulloa inquired about consultants’ use and City Manager Reich confirmed the level of use would be reduced.
18 CHINO CITY COUNCIL
MAY 21, 2024 8
Mayor Ulloa inquired about current police officer vacancies. Chief Mensen responded there are currently 3 vacancies with 3 officers in the academy, and discussed the additional 4 positions this item would provide to the department, which includes the addition of a fifth School Resource Officer assigned to Junior High Schools to be in place by the next school year. Mayor Ulloa asked Chief Mensen to bring back future needs for additional police personnel for Council consideration if required.

Council Members expressed gratitude to the community for support of Measure V and were pleased with these first steps taken towards enhancing City services.

Mayor Ulloa requested staff track Measure V monies received and monies spent, beginning July 1, 2024, and requested a monthly report on the results of the retail theft team.

Motion by Council Member Flores, seconded by Mayor Pro Tem Comstock, to Adopt Resolution No. 2024 -24 amending the Classification and Salary Schedule to add the following positions and appropriate funds in the FY 2024 -25 Mid-Term Budget: One (1) Sergeant; one (1) Corporal; two (2) Police Officer; one (1) Principal Engineer; two (2) Associate Engineer; one (1) Information Technology Analyst (GIS); one (1) Assistant Parks and Capital Projects Manager; one (1) Facilities Maintenance Technician; one (1) Human Resources and Risk Management Analyst; and one (1) Management Analyst (Administration/Economic Development). The motion carried by the following vote:

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

ABSENT: NONE.

MAYOR AND COUNCIL REPORTS
Mayor Ulloa
Mayor Ulloa reported on the following meetings and events since the last meeting that included the Mayor’s Prayer Breakfast; Legislative Policy Committee meeting; Omnitrans Administration and Finance Committee meeting; San Bernardino County Transit Authority and Metro Valley Committee meeting; State of the City and thanked Joel Greene for emceeing the event and City staff for coordinating the event; Water Facilities Authority Board of Directors meeting; City County Conference; and the Inland Empire Utilities Agency meeting.

Mayor Pro Tem Comstock
Mayor Pro Tem Comstock reported on the following meetings and events since the last meeting that included a meeting with a resident; Legislative Policy Committee meeting; Chino Valley Fire District Board meeting; State of the City; Served as a Guest Speaker at the Kiwanis Club Luncheon; Promoted the Kiwanis Corn Feed Run Car Show and Summer Concert Series; Golden Conquest Award at Don Lugo High School; City County Conference, and complemented Lieutenant Aaron Kelliher for serving as a panelist at the conference; Congratulated the Stueve Family for the naming of the community park in honor of their family.

Council Member Burton

17. Community Support Fund - Council Member Burton. Approve community support fund contribution to Chaffey College Foundation.

Staff Report By: Council Member Burton
19 CHINO CITY COUNCIL
MAY 21, 2024 9
RECOMMENDATION: Approve a community support fund contribution of $375 to Chaffey College Foundation.

Motion by Council Member Flores, seconded by Council Member Lucio, to Approve a community support fund contribution of $375 to Chaffey College Foundation. The motion carried by the following vote:

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

ABSENT: NONE.

Council Member Burton reported on the following meetings and events since the last meeting that included the Mayor’s Prayer Breakfast; State of the City, noting it was an outstanding event; Planning Commission meeting; City County Conference, and complemented Lieutenant Aaron Kelliher; Corporate Challenge Closing Ceremony, thanked Chino City Staff for coordinating the event; Chino Police Department open house; and ICSC Conference.

Council Member Flores
Council Member Flores congratulated M.K. Smith Chevrolet for being awarded the Business of the Month; and reported on the following meetings and events since the last meeting that included the State of the City; hosted a tour of City Hall; Congratulated Lieutenant Aaron Kelliher for his presentation at the City County Conference.

Council Member Lucio
Council Member Lucio thanked San Bernardino County Supervisor Hagman for assisting with the funding needed for the turn pockets located at the Preserve; thanked Threshold Aviation for being a great community partner and hopes these improvements help their redevelopment project to move forward; Complemented City Manager Reich for an outstanding State of the City and Corporate Challenge; City County Conference; ICSC Conference; and thanked Lieutenant Aaron Kelliher for his presentation and for representing the City of Chino.

City Manager's Report
City Manager Reich thanked San Bernardino County Supervisor Hagman for his funding support; thanked staff and the Mayor for the amazing State of City; announced Spectrum One will be interviewing Mary Anne Hughes and the City’s goal is to continue to keep the California Institute for Men in the news; announced Corporate Challenge ended and City of Chino won first place, and thanked the Corporate Challenge Committee and staff for participating.

Mayor Ulloa asked if the City can conduct Student Government Day for homeschool students, and City Manager Reich stated staff will look into it.

Mayor Ulloa complimented Lieutenant Aaron Kelliher for his presentation; asked City Manager Reich regarding overgrown weeds on the median located west of Quality Way on Kimball Avenue, and City Manager Reich explained staff will work with the Altitude Business Park agreement to address weed control concerns.

City Attorney's Report
City Attorney Galante had no report but complemented the City of Chino’s State of the City. 20 CHINO CITY COUNCIL
MAY 21, 2024 10
Police Chief's Report
Chief Mensen thanked the Council for providing the resources to protect the community; provided a report on retail theft statistics, noting he is confident the new positions will make a difference to address retail theft; provided an update on California Institute for Men (CIM), noting he conducted a prison tour and is working with the Warden to address operational issues.

Council Member Burton inquired about the preparedness efforts and Chief Mensen discussed the new MOU and resources, and confirmed there are forty level 4 inmates at CIM. Council Member Lucio asked if securing a bloodhound dog would help with CIM preparation efforts and Chief Mensen confirmed the Police Department is looking into it. Mayor Ulloa inquired about the medical inmate transfer process and Chief Mensen stated he is working with the warden on this issue.

Mayor Ulloa asked about the status of the petition against CIM's inmate transfers and City Manager Reich stated the City has received 2,458 signatures in support of the petition to date.

Mayor Pro Tem Comstock thanked staff for working with on the CIM issue and requested staff to expedite the hiring process for the retail theft prevention operations.

Chief Mensen provided an update on the real-time crime center and dispatch center.

Council Member Flores thanked Deputy Chief Bjelland for participating in the tour for homeschool students.

Fire Chief's Report
Battalion Chief Bryan Turner had no report, but confirmed the CONFIRE contract is on schedule to commence in October.

ADJOURN
The meeting adjourned at 8:16 p.m. The next Regular Meeting of the City Council will be held on Tuesday, June 4, 2024 at 6:00 p.m. (Closed Session no earlier than 4:00 p.m. if necessary) in these Council Chambers.

APPROVED AND ADOPTED THIS 4TH DAY OF JUNE 2024.
________________________________
EUNICE M. ULLOA, MAYOR
ATTEST:
________________________________

NATALIE GONZAGA, CITY CLERK
**************************************************
(These minutes are not official until signed.)
21 CHINO CITY COUNCIL

SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY

SPECIAL MEETING TOUR - TANAKA FARMS
5380 3/4 UNIVERSITY DRIVE, IRVINE, CA 92612

WEDNESDAY, MARCH 20, 2024

MINUTES
TOUR 9:30 AM

CALL TO ORDER
The March 20, 2024, Special Meeting Tour of the Chino City Council / Successor Agency to the Redevelopment Agency commenced at 9:31 a.m. at Tanaka Farms in Irvine, CA.

ROLL CALL

Present: Mayor Eunice M. Ulloa, Council Member Curtis Burton, Council Member Christopher Flores, Council Member Marc Lucio.

Absent: Mayor Pro Tem Karen C. Comstock (Excused).

TOUR

1. Community Farm Tour. Conduct a Tour of a Representative Community Farm.

Located at: Tanaka Farms, 5380 3/4 University Drive, Irvine, CA 92612.

Council Members and City Staff participated in a tour of a representative community farm led by Farmer Tanaka.

ADJOURN
The meeting adjourned at 11:27 a.m. The next meeting of the City Council will be a Regular Meeting held on Tuesday, April 2, 2024 at 6:00 p.m. (Closed Session no earlier than 4:00 p.m. if necessary) in these Council Chambers.

APPROVED AND ADOPTED THIS 4TH DAY OF JUNE 2024.

EUNICE M. ULLOA, MAYOR
ATTEST:

NATALIE GONZAGA, CITY CLERK

**************************************************
(These minutes are not official until signed.)
22 MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: JUNE 4, 2024

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

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

..end

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

..body

FISCAL IMPACT
Sufficient funding is available in the adopted Fiscal Year 2023-24 Operating Budget.

CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES The recommendation detailed above furthers the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:

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

Revenue:

Expenditure: 1002000-43320
Transfer In: Transfer Out:
23 CITY COUNCIL MEETING DATE: JUNE 4, 2024
TITLE: ELECTED CITY OFFICIALS’ REPORT REGARDING TRAVEL, TRAINING, AND MEETINGS.

PAGE: 2

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

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

Attachment – Exhibit A

24 Event Date Meeting Purpose
and Subject Matter
Location City Official
Attendees
None.

25 MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: JUNE 4, 2024

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

SUBJECT
..titl e
City Council Meeting Cancellations for the Month August 2024. ..end

RECOMMENDATION
Authorize staff to cancel the August 6 and August 20, 2024 regular City Council Meetings. ..body

FISCAL IMPACT
No fiscal impact.

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

Revenue: Click or tap here to enter text.

Expenditure:

Transfer In: Click or tap here to enter text. Transfer Out: Click or tap here to enter text. 26 CITY COUNCIL MEETING DATE: JUNE 4, 2024
TITLE: CITY COUNCIL MEETING CANCELLATIONS FOR THE MONTH AUGUST 2024.

PAGE: 2

BACKGROUND
For the past several years, the City Council has voted to cancel the regularly scheduled meetings in the month of August due to conflicts with events of Citywide interest. The “National Night Out” event takes place on the first Tuesday in August which conflicts with Chino’s regularly scheduled City Council meeting.

“National Night Out” is a nationwide event to promote and improve partnerships between police departments and the communities they serve. The Chino Police Department not only aims to bring the community together but to make Chino a safer place to live and work. The City Council has continued to express interest in attending the many “National Night Out” events that occur in the City on this night.

ISSUES/ANALYSIS
Given the importance of “National Night Out” to our community, it is recommended that the City Council authorize staff to can cel the August 6, regular City Council meeting to offer Council Members an opportunity to engage with members of the community during “National Night Out”.

Staff also recommends the City Council cancel the August 20, 2024 regular City Council meeting, going dark for the remainder of August.

Should the City Council approve these August cancellations, the next regular meeting of the City Council after the July 16 regular meeting would be held on Tuesday, September 3, 2024 at 6:00 p.m. with Closed Session no sooner than 4:00 p.m. if necessary.

Overall, staff recommends the City Council approve the following schedule:

 Cancel the August 6, regular City Council meeting
 Cancel the August 20, regular City Council meeting

27 MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: JUNE 4, 2024

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

SUBJECT
..titl e
November 5, 2024 General Municipal Election.
..end

RECOMMENDATION
Adopt Resolution No. 2024 -025 calling for the General Municipal Election to be held on Tuesday, November 5, 2024, for the election of certain officers and requesting the San Bernardino County Board of Supervisors to consolidate the City of Chino General Municipal Election with the Statewide General Election; and adopt Resolution No. 2024 -026, establishing the candidate statement regulations.
..body

FISCAL IMPACT
Sufficient funds are included in the approved budget for Fiscal Year 2024-25.

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

Revenue: Click or tap here to enter text.

Expenditure:

Transfer In: Click or tap here to enter text. Transfer Out: Click or tap here to enter text. 28 CITY COUNCIL MEETING DATE: JUNE 4, 2024
TITLE: NOVEMBER 5, 2024 GENERAL MUNICIPAL ELECTION.

PAGE: 2

BACKGROUND
The City of Chino General Municipal Election shall be held on Tuesday, November 5, 2024 for the purpose of electing a Mayor, a Council Member from District 1 and a Council Member from District 4.

The nomination period for this election begins on July 15, 2 024 and ends on August 9, 2024.

Pursuant to California Elections Code Section 10225, the nomination period for an electoral district may be extended to August 14, 2024, if the eligible incumbent misses the deadline to file nomination papers.

ISSUES/ANALYSIS
As provided in the California Elections Code, the legislative body shall approve resolutions to call for and consolidate the Municipal Election with the Statewide Election.

Resolution No. 2024 -025 calls and gives notice of the November 5, 2024 Genera l Municipal Election. The election is called for the purpose of electing a Mayor for a full term of four years, a District 1 Council Member for a full term of four years, and District 4 Council Member for a full term of four years. Additionally, the resolu tion requests the San Bernardino County Board of Supervisors to consolidate the General Municipal Election with the Statewide General Election.

Resolution No. 2024-026 includes general provisions for preparing said candidate's statements pursuant to Section 13307 of the Elections Code.

Additionally, attached to this report is the preliminary calendar of election events for the November 5, 2024 General Municipal Election.

Attachments: Resolution Nos. 2024-025 and 2024-026
Calendar of Election Events

29 RESOLUTION NO. 2024-025

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

CALIFORNIA, CALLING FOR THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2024, AND

REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN

BERNARDINO TO CONSOLIDATE THE GENERAL MUNICIPAL ELECTION

WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON
TUESDAY, NOVEMBER 5, 2024, FOR THE ELECTION OF CERTAIN

OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE

STATE OF CALIFORNIA RELATING TO GENE RAL LAW CITIES
PURSUANT TO SECTION 10403 OF THE ELECTIONS CODE

WHEREAS, under the provisions of the laws relating to General Law Cities in the State of California, a General Municipal Election shall be held on Tuesday, November 5, 2024, for the election of Municipal Officers; and
WHEREAS, by Ordinance No. 2016 -007, the City of Chino established a district -based election system with four voting districts (Districts 1 through 4) for the purpose of electing four City Council Members and a Mayor that is elected at-large; and

WHEREAS, by Ordinance No. 2022 -004, the City of Chino completed its redistricting process as a result of the 2020 federal decennial census, and adopted the new boundaries for the district-based election system with four voting districts (Districts 1 through 4) for the purpose of electing four City Council Members and a Mayor that is elected at-large; and

WHEREAS, it is desirable that the General Municipal Election be consolidated with the Statewide General Election to be held on the same date and that within the City the precincts, polling places, and election officers of the two elections be the same, and that the County Election Department of the County of San Bernardino canvass the returns of the General Municipal Election, and that the election be held in all respects as if there were only one election.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHINO DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:

SECTION 1 . That pursuant to the requirements of the laws of the State of California relating to General Law Cities, there is called and ordered to be held in the City of Chino, California, on Tuesday, November 5, 2024, a General Municipal Election for the purpose of electing a Mayor for a full term of four years ; a Council Member from District 1 for a full term of four years; and a Council Member from District 4 for a full term of four years.

SECTION 2. That pursuant to the requirements of Section 10403 of the Elections Code, the Board of Supervisors of the County of San Bernardino is hereby requested to consent and agree to the consolidation of the General Municipal Election with the Statewide General Election on Tuesday, November 5, 2024, for the purpose of the election of a Mayor for a full term of four years; a Council Member from District 1 for a full term of four years; and a Council Member from District 4 for a full term of four years.
30 RESOLUTION NO. 2024-025

SECTION 3. That the County Election Department is authorized to canvass the returns of the General Municipal Election. The election shall be held in all respects as if there were only one election and only one form of ballot shall be used.

SECTION 4. That the Board of Supervisors is requested to issue instructions to the County Elections Department to take any and all steps necessary for the holding of t he consolidated election.

SECTION 5. That the City of Chino recognizes additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for all costs associated with the General Municipal Election.

SECTION 6. That the polls of the election shall open at seven o'clock a.m. the day of the election and shall remain open continuously from that time until eight o' clock p.m. of the same day when the polls shall be closed, pursuant to Elections Code Section 10242, except as provided in Section 14212, 14401 of the Elections Code of the State of California.

SECTION 7. That the consolidated election shall be held and conducted in the manner prescribed in Section 10418 of the Elections Code. If any inconsistency arises between the procedure described in this Resolution and the Elections Code, the latter shall govern.

SECTION 8. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed, and directed to give further or additional notice of the election, in time, form, and manner required by law.

SECTION 9. That the City Clerk is hereby directed to file a certified copy of this resolution with the Board of Supervisors and the County Election Department of the County of San Bernardino.

SECTION 10. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

PASSED, APPROVED AND ADOPTED this 4th day of JUNE, 2024.

EUNICE M. ULLOA, MAYOR
ATTEST:

NATALIE GONZAGA, CITY CLERK /

ELECTIONS OFFICIAL
31 RESOLUTION NO. 2024-025

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 foregoing Resolution was duly adopted by the City Council at a regular meeting held on the 4th day of June, 2024, by the following votes:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

NATALIE GONZAGA, CITY CLERK /

ELECTIONS OFFICIAL
32 RESOLUTION NO. 2024-026

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

CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR

ELECTIVE OFFICE PERTAINING TO CANDIDATES' STATEMENTS

SUBMITTED TO THE VOTERS AT A GENERAL MUNICIPAL
ELECTION TO BE HELD TUESDAY, NOVEMBER 5, 2024

WHEREAS, Section 13307 of the Elections Code of the State of California provides that the governing body of any local agency adopt regulations pertaining to materials prepared by any candidate for a municipal election, including costs of the candidate's statement.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHINO DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:

SECTION 1. GENERAL PROVISIONS. Pursuant to Section 13307 of the Elections Code of the State of California, each candidate for elective office to be voted for at an Election to be held in the City of Chino on November 5, 2024, may prepare a candidate's statement on an appropriate form provided by the City Clerk. The statement may include the name, age, and occupation of the candidate and a brief description of no more than 200 words of the candidate's education and qualifications expressed by the candidate himself or herself. The statement shall not include party affiliation of the candidate, nor membership or activity in partisan political organizations. The statement shall be filed in the office of the City Clerk at the time the candidate's nomination papers are filed. The statement may be withdrawn, but not changed, during the period for filing nomination papers and until 5:00 p.m. of the next working day after the close of the nomination period.

SECTION 2. FOREIGN LANGUAGE POLICY.

A. Pursuant to the Federal Voting Right s Act, candidates statements will be translated into all languages required by the County of San Bernardino. The County is required to translate candidates' statements into the following languages: Spanish.

B. The County will mail separate voter information guides and candidates' statements in the required languages to only those voters who are on the county voter file as having requested a voter information guide in a particular language. The County will make the voter information guides and candidates' statements in the required languages available at all polling places, on the County's website, and in the Elections Official office.

SECTION 3. ADDITIONAL MATERIALS. No candidate will be permitted to include additional materials in the voter information guide.

SECTION 4. PAYMENT.

A. Translations: The candidate shall be required to pay for the cost of translating the candidates statement into any required foreign language as specified in (A) and (B) of Section 2 above pursuant to Federal and/or State Law.

33 RESOLUTION NO. 2024-026

B. Printing: The candidate shall be required to pay the cost of printing the candidate's statemen t in the voter's pamphlet in all required languages pursuant to Federal and State law. The City Clerk shall estimate the total cost of printing, handling, translating and mailing the candidate's statement filed pursuant to this section , including costs incurred as a result of complying with the Voting Rights Act of 1965 (as amended), and require each candidate filing a statement to pay in advance to the City his or her estimated pro rata share as a condition of having his or her statement included in the voter's pamphlet. The estimate is just an approximation of the actual cost that varies from one election to another election and may be significantly more or less than the estimate, depending on the actual number of candidates filing statements. Accordingly, the Clerk is not bound by the estimate. The City Clerk shall bill each candidate for any cost in excess of the deposit and shall refund any unused portion of any deposit. In the event of overpayment, the City Clerk shall prorate the excess amount among the candidates and refund the excess amount paid within thirty days of the election. (Note - Upon receipt of the invoice from the San Bernardino County Registrar of Voters, refunds and/or prorated billings will be issued.)

SECTION 5. The City Clerk shall provide each candidate or the candidate's representative a copy of this Resolution at the time nominating petitions are issued.

SECTION 6. All previous resolutions establishing Council policy on payment for candidates' statements are repealed.

SECTION 7. That this resolution shall apply only to the election to be held on November 5, 2024, and shall then be repealed.

SECTION 8. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

PASSED, APPROVED AND ADOPTED this 4th day of JUNE, 2024.

EUNICE M. ULLOA, MAYOR

ATTEST:

_______________________________________________

NATALIE GONZAGA, CITY CLERK /

ELECTIONS OFFICIAL

34 RESOLUTION NO. 2024-026

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 foregoing Resolution was duly adopted by the City Council at a regular meeting held on the 4th day of June, 2024, by the following votes:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

NATALIE GONZAGA, CITY CLERK /

ELECTIONS OFFICIAL

35 GENERAL MUNICIPAL ELECTION - NOVEMBER 5, 2024

CITY OF CHINO

CALENDAR OF ELECTION EVENTS

June 4, 2024 City Council Adopts Resolutions Required to Conduct the Election July 1 - July 15, 2024 City Clerk to Publish Notice of Election for Candidates August 7 - November 5, 2024 24-hour Contribution Report (Form 497) Filing Period for Contributions of $1,000 or more made/received from a Single Source.

July 15 - August 9, 2024 Filing Period for Nomination Papers and Candidate's Statements August 9, 2024 at 5:30 pm Last Day to File Nomination Papers Last Day to Withdraw Declaration of Candidacy and Nomination Papers August 10, 2024 at 5:00 pm
Last Day to Withdraw Candidate's Statement
August 15, 2024 at 5:30 pm
Last Day to File Nomination Papers - Extended Filing Period if incumbent has not filed August 15, 2024 Secretary of State to Determine the Order of Names on the Ballot August 24, 2024 City Clerk to publish Notice of Nominees September 9, 2024 through
October 22, 2024

Filing Period for Write-in Candidates
September 21, 2024 First Day Political Signs may be Posted September 26, 2024 Last Day for Filing Campaign Expenditure Statements (1st Pre-election Statement) October 21, 2024 Last Day to Register to Vote
October 24, 2024 Last Day for Filing Campaign Expenditure Statements (2nd Pre-election Statement) November 5, 2024 ELECTION DAY: Polls are open from 7:00 am to 8:00 pm November 10, 2024 Last Day to Remove Political Signs
Date to be Determined Registrar of Voters to Issue Statement of Results December 3, 2024 City Council to Declare Election Results and Installation of Elected Officials (date dependent upon receipt of the certification of election results by the Registrar of Voters).

January 31, 2025 Last Day for Filing Campaign Expenditure Statements (Semi-Annual Statement)

36 MEMORANDUM

CITY OF CHINO

DEVELOPMENT SERVICES DEPARTMENT

CITY COUNCIL MEETING DATE: JUNE 4, 2024

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

SUBJECT
..titl e
Adoption of Ordinance No. 2024-008 and Resolution No. 2024-021. ..end

RECOMMENDATION
Approve adoption of Ordinance No. 2024 -008 (Second Reading), adding Chapter 12.24, “Limitation on Use of City Property ,” to the Chino Municipal Code and approve Resolution No. 2024-021 establishing limits on access to City owned or controlled property. ..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:
 Positive City Image

Revenue: Click or tap here to enter text.

Expenditure:

Transfer In: Click or tap here to enter text. Transfer Out: Click or tap here to enter text. 37 CITY COUNCIL MEETING DATE: JUNE 4, 2024
TITLE: ADOPTION OF ORDINANCE NO. 2024-008 AND RESOLUTION NO. 2024-021.

PAGE: 2

BACKGROUND
Ordinance No. 2024 -008 was introduced on first reading by the Council at its May 21, 2024 meeting. The Ordinance is to allow the City to limit access to City owned or controlled properties. Violations of the Ordinance would be enforceable through state civil and criminal laws governing trespass and any manner prescribed for violations of the Chino Municipal Code.

A draft Resolution was also provided at the Council meeting identifying the timeframes and locations where access is proposed to be limited in the City.

Once adopted on second reading, t he Ordinance and standards identified in the Resolution will go into effect thirty (30) days thereafter.

ISSUES/ANALYSIS
Ordinance No. 2024-008:

Second reading of Ordinance, entitled “ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO, CALIFORNIA, A DDING CHAPTER 12.24 (LIMITATION ON USE OF CITY PROPERTY) TO THE CHINO MUNICIPAL CODE.”
Resolution No. 2024-021:

The proposed Resolution prohibits public access on the City Hall Complex Property, the Old Fire Station (vacant lot) and Family Services Buildin g Property, the Carolyn Owens Community Center Property, the Chino Branch Library Property, the Chino Senior Center Property, the Seventh Street Theater Property, the downtown Chaffey College Building Property, the Chino Community Building Property, the IT Center Property, the Old Schoolhouse Museum Property, and various City-owned parking lots between the hours of 10:00 p.m. and 6:00 a.m., seven days a week, similar to the hours that exist for City parks. If a public meeting or City -authorized event located at these properties ends after 10:00 p.m. through approval of a City Rental Facility Permit, the property would be allowed to remain open to those persons authorized to attend the event listed in the Rental Facility Permit for 30 minutes after the conclu sion of the event. These proposed limits to public access would not apply to the sidewalks bordering the properties, to allow for free travel in the downtown area.

Attachments: Ordinance No. 2024-008
Resolution No. 2024-021

38 01225.0001/944570.3
ORDINANCE NO. 2024-008

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHINO, CALIFORNIA, ADDING CHAPTER 12.24 (LIMITATION

ON USE OF CITY PROPERTY) TO THE CHINO MUNICIPAL
CODE

WHEREAS, Government Code Section 37359 provides: “the legislative body having control of any property owned or controlled by the city may at any time withdraw the property from the personal access and use of members of the public, or limit the access or use in area or time or in any other reasonable manner deemed necessary. Any person thereafter using the property without permission or in a manner other than that prescribed is a trespasser. This section does not limit or restrict any person from access or use who has a private right in the property”; and WHEREAS, in accordance with Government Code Section 37359, the City wishes to adopt regulations limiting the personal access and use of City property by members of the public; and
WHEREAS, the City desires to adopt such regulations in order to enhance the safety of City property and neighborhoods surrounding City property by providing Police Officers probable cause to investigate and detain individuals loitering on public property at night; and WHEREAS, in addition to enforcing limitations on the personal access and use of City property by members of the public through trespass laws, the City also wishes to adopt enforcement mechanisms on such use of or access to City property through administrative remedies and nuisance abatement.

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

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

SECTION 2. Chapter 12.24 is hereby added to the Chino Municipal Code and shall read as follows:

Chapter 12.24 LIMITATIONS ON USE OF CITY PROPERTY

12.24.010 Limitations Established by City Council.

Pursuant to Government Code Section 37359, and any successor provision of state law, the City Council may, by resolution, withdraw any property owned or controlled by the City from the personal access and use of members of the public, or limit such access or use to specific areas or times or in any other reasonable manner deemed necessary by the City Council. Any person who accesses or uses property owned or controlled by the City in a manner prohibited by a resolution adopted by the City Council under this Section is a trespasser under state law and shall also be in violation of this Chapter.
39 Ordinance No. 2024-008

01225.0001/944570.3

12.24.020 Exception.

Limitations on access to and use of property imposed pursuant to this Chapter shall not apply to any person who has a private right to enter upon and use the property, including but not limited to, a right granted by a lease or license agreement with the City or a valid permit issued by the City, or who has otherwise been duly authorized by the City in writing to enter upon or use the property.

12.24.030 Violations.

Violations of this Chapter may be enforced through state cr iminal and civil laws governing trespass and may also be punished in any manner prescribed for violations of this municipal code in Title 1 or in any other manner provided by law.

Such enforcement mechanisms shall be cumulative and one enforcement mechanism shall not be exclusive of any other enforcement mechanism unless such exclusion is required by law.

SECTION 3. Effective Date. This Ordinance shall be in full force and effect thirty (30) days after its second reading and adoption.

SECTION 4. Certification. The City Clerk of the City of Chino shall certify to the passage and adoption of this Ordinance and shall cause the same to be published in the Chino Champion, a newspaper of general circulation, within said City in accordance with the prov isions of the Government Code.

PASSED, APPROVED, AND ADOPTED THIS 4TH DAY OF JUNE 2024.

By:

EUNICE M. ULLOA, MAYOR

ATTEST:

By:

NATALIE GONZAGA, CITY CLERK

40 Ordinance No. 2024-008

01225.0001/944570.3

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 4th day of June 2024 by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

By:

NATALIE GONZAGA, CITY CLERK

41 01225.0001/944585.4
RESOLUTION NO. 2024-021

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

APPROVING THE CLOSUR E OF SPECIFIED CITY PROPERTY AND CITY

CONTROLLED PROPERTY DURING CERTAIN HOURS

WHEREAS, Chino Municipal Code Section 12.24.010 provides as follows: “Pursuant to Government Code Section 37359, and any successor provision of State law, the City Council may, by resolution, withdraw any property owned or controlled by the City from the personal access and use of members of the public, or limit such access or use to specific areas or times or in any other reasonable manner deemed necessary by the City Council. Any person who accesses or uses property owned or controlled by the City in a manner prohibited by a resolution adopted by the City Council under this Section is a trespasser under State law and shall also be in violation of this Chapter;” and

WHEREAS, Chino City Hall is located at 13220 Central Avenue in the City of Chino, on a property comprised of three parcels designated by Assessor Parcel Numbers 1020-284-22, 1020- 272-15, and 1020-272-15, all of which are owned by the City of Chino (“City Hall Property Complex”).

The City Hall Property Complex is comprised of the block bounded by D Street to the north, Central Avenue to the east, Chino Avenue to the south, and 6th Street to the west; and

WHEREAS, former Fire Station 1, which is a currently vacant lot and the Family Services Building are owned by the City and located at 13201 Central Avenue in the City of Chino on a property comprised of one parcel designated by Assessor Parcel Number 1020-274-11 (“Old Fire Station & Family Services Property”). The Old Fire Station & Family Services Property is abutted by the Carolyn Owens Community Center to the north, 9th Street to the east, Central Avenue to the west, and Chino Central Park to the south. The City Hall Property Complex is located West of the Old Fire Station & Family Services Property, across Central Avenue; and

WHEREAS, the Carolyn Owens Community Center is located at 13201 Central Avenue in the City of Chino, on a property comprised of five parcels designated by Assessor Parcel Numbers 1020-274-02, 1020-274-03, 1020-274-09, 1020-274-08, and 1020-274-10, which are owned by the City of Chino (“ Carolyn Owens Community Center”). The Carolyn Owens Community Center is abutted by a private business to the north, 9th Street to the east, Central Avenue to the west, and the Old Fire Station Property to the south. The City Hall Property Complex is located west of the Carolyn Owens Community Center, across Central Avenue; and

WHEREAS, the Chino Branch Library is located at 13 180 Central Avenue in the City of Chino, on a property comprised of six parcels designated by Assessor Parcel Numbers 1020-271- 06, 1020-271-05, 1020-271-04, 1020-271-03, 1020-271-02, and 1020-271-01, which are owned by the City of Chino (“Chino Branch Library”). The Chino Branch Library is abutted by the Chino Senior Center to the north, Central Avenue to the east, 7th Street to the west, and D Street to the south. The City Hall Property Complex is located south of the Chino Branch Library, across D Street; and

WHEREAS, the Chino Senior Center is located at 13170 Central Avenue in the City of Chino, on a property comprised of six parcels designated by Assessor Parcel Numbers 1020-271-07, 1020- 271-22, 1020-271-08, 1020-271-21, 1020-271-09, and 1020-271-20, which are owned by the City of Chino (“Chino Senior Center”). The Chino Senior Center is abutted by Chaffey College and the Seventh Street Community Theater to the north, Central Avenue to the east, 7th Street to the west, 42 RESOLUTION NO. 2024-021

01225.0001/944585.4
and the Chino Branch Library to the south. The City Hall Property Complex is located south of the Chino Senior Center, across D Street; and

WHEREAS, the Seventh Street Community Theater is located at 13123 7th Street in the City of Chino, on a property comprised of four parcels designated by Assessor Parcel Numbers 1020- 271-10, 1020-271-11, 1020-271-12, and 1020-271-23, which are owned by the City of Chino (“Seventh Street Theater”). The Seventh Street Theater is abutted by C Street to the north, the Chaffey College Building to the east, 7th Street to the west, and the Chino Senior Center and Chino Branch Library to the south; and

WHEREAS, the Chaffey College Downtown Chino Building is located at 13 106 Central Avenue in the City of Chino, on a property comprised of four parcels designated by Assessor Parcel Numbers 1020-271-19, 1020-271-18, 1020-271-24, and 1020-271-15, which are owned by the City of Chino (“Chaffey College Building”). The Chaffey College Building is abutted by C Street to the north, Central Avenue to the east, the Seventh Street Theater to the west, and the Chino Senior Center and Chino Branch Library to the south; and

WHEREAS, the Chino Community Building is located on a property comprised of three parcels designated by Assessor Parcel Number 1020 -054-01, 1020-054-14, and 1020 -054-15, which is owned by the City of Chino (“Chino Community Building”). The Chino Community Building is abutted by B Street to the north, 11th Street to the east, 10th Street to the west, and an alley to the south; and

WHEREAS, the IT Center Building is located at 13170 7th Street in the City of Chino on a property comprised of one parcel designated by Assessor Parcel Number 1020-283-29 (“IT Center Building”). The IT Center Building is abutted by the Chino Valley Chamber of Commerce Building to the north, 7th Street to the east, a commercial building to the south, and Aguiar Square to the west; and

WHEREAS, the Old Schoolhouse Museum Building is located at 5493 B Street in the City of Chino on a property comprised of one parcel designated by Assessor Parcel Number 1020-062-25 (“Old Schoolhouse Museum Building”). The Old Schoolhouse Museum Building is abutted by B Street to the north, residential homes to the east and south, and 11th Street to the west; and

WHEREAS, the City of Chino owns and operates six parking lots in downtown Chino adjacent to the City Hall Property Complex, the Chaffey College Building, and the Seventh Street Theater, further detailed below and individually referred to in this Resolution as the Transit Depot Parking Lot, the 5th Street Parking Lot, the 6th and D Street Parking Lot, the 7th and C Street Parking Lot, the Central Avenue and C Street Parking Lot, and the 9th and C Street Parking Lot. These City- owned and operated parking lots are collectively referred to in this Resolution as the “Downtown Parking Lots”; and

WHEREAS, the 5th Street Parking Lot is located on a property comprised of two parcels designated by Assessor Parcel Numbers 1020-282-09 and 1020-282-10, which are owned by the City of Chino (“5th Street Parking Lot”).The 5th Street Parking Lot is abutted by a private business to the north, the 6th and D Street Parking Lot and Transit Depot Parking Lot to the east, 5th Street to the west, and a private business to the south; and

43 RESOLUTION NO. 2024-021

01225.0001/944585.4
WHEREAS, the Transit Depot Parking Lot is located on a property comprised of three parcels designated by Assessor Parcel Numbers 1020-282-06, 1020-282-05, and 1020-282-04, which are owned by the City of Chino (“Transit Depot Parking Lot”).The Transit Depot Parking Lot is abutted by the 6th and D Street Parking Lot to the north, 6th Street to the east, the 5th Street Parking Lot to the west, and a private business to the south; and

WHEREAS, the 6 th and D Street Parking Lot is located on a property comprised of two parcels designated by Assessor Parcel Numbers 1020-282-02 and 1020-282-01, which are owned by the City of Chino (“6th and D Street Parking Lot”).The 6th and D Street Parking Lot is abutted by D Street to the north, 6th Street to the east, a private business to the west, and the Transit Depot Parking Lot to the south; and

WHEREAS, the 7 th and C Street Parking Lot is located on a property comprised of two parcels designated by Assessor Parcel Numbers 1020-034-12 and 1020-034-11, which are owned by the City of Chino (“7th and C Street Parking Lot”).The 7th and C Street Parking Lot is abutted by private property to the north, 7th Street to the east, private property to the west, and C Street to the south; and

WHEREAS, the Central Avenue and C Street Parking Lot is located on a property comprised of one parcel designated by Assessor Parcel Number 1020-273-10, which is owned by the City of Chino (“Central Avenue and C Street Parking Lot”).The Central Avenue and C Street Parking Lot is abutted by C Street to the north, the 9th and C Street Parking Lot to the east, Central Avenue to the west, and a private business to the south; and

WHEREAS, the 9th and C Street Parking Lot is located on a property comprised of one parcel designated by Assessor Parcel Number 1020-271-11, which is owned by the City of Chino (“9th and C Street Parking Lot”).The 9th and C Street Parking Lot is abutted by C Street to the north, 9th Street to the east, the Central Avenue and C Street Parking Lot to the west, and a private business to the south; and

WHEREAS, the City Council wishes to ensure that the City Hall Property Complex, the Old Fire Station Property, the Carolyn Owens Community Center, the Chino Branch Library, the Chino Senior Center, the Seventh Street Theater, the Chaffey College Buil ding, the Chino Community Building, and the Downtown Parking Lots are only used for authorized purposes.

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 City Hall Property Complex, the Old Fire Station Property, the Carolyn Owens Community Center, the Chino Branch Library, the Chino Senior Center, the Seventh Street Theater, the Chaffey College Building, the Chino Community Building, IT Center Building, Old Schoolhouse Museum Building, and the Downtown Parking Lots , as defined in the recitals and depicted in Exhibit A, are closed to all members of the public between the hours of 10:00 p.m. and 6:00 a.m., seven days a week. Notwithstanding the previous sentence, if a City-authorized event located at the City Hall Property Complex, the Old Fire Station Property, the Carolyn Owens Community Center, the Chino Branch Library, the Chino Senior Center, the Seventh Street Theater, the Chaffey College 44 RESOLUTION NO. 2024-021

01225.0001/944585.4
Building, the Chino Community Building, or the Downtown Parking Lots ends after 9:30 pm, then the property or properties where the public meeting or City-authorized event is held shall remain open to the public for 30 minutes after the time that the event ends. Additionally, if a City-authorized event through approval of a City Rental Facility Permit takes place at these properties, which ends after 10:00 p.m., the property would be allowed to remain open to those persons authorized to attend the event listed in the Rental Facility Permit for 30 minutes after the conclusion of the event.

SECTION 3. This resolution does not apply to the sidewalks adjacent to D Street, C Street, B Street, Pioneer Street, Central Avenue, Chino Avenue, 5th Street, 6th Street, 7th Street, 9th Street, 10th Street, and 11th Street.

SECTION 4. This resolution does not change the business hours during which buildings located on the City Hall Property Complex, the Old Fire Station Property, the Carolyn Owens Community Center, the Chino Branch Library, the Chino Senior Center, the Seventh Street Theater, the Chaffey College Building, the Chino Community Building, and the Downtown Parking Lots are open to the public.

SECTION 5. This Resolution shall be effective on the effective date of Ordinance No. 2024-008.

APPROVED AND ADOPTED THIS 4TH DAY OF JUNE 2024.

EUNICE M. ULLOA, MAYOR

ATTEST:

NATALIE GONZAGA, CITY CLERK

45 RESOLUTION NO. 2024-021

01225.0001/944585.4

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 4th day of June 2024, by the following votes:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

NATALIE GONZAGA, CITY CLERK

Attachment: Exhibit “A” – Map depicting Downtown City-Owned Properties 46 47

MEMORANDUM

CITY OF CHINO

DEVELOPMENT SERVICES DEPARTMENT

CITY COUNCIL MEETING DATE: JUNE 4, 2024

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

SUBJECT
..titl e
Approve a Service Agreement for Accela Migration and Upgrade to Software as a Service (SaaS).
..end

RECOMMENDATION
1) Approve a service agreement with Accela, Inc. of San Ramon, California, in the amount of $78,000.00 for the migration to Accela's Software as a Service (SaaS); and 2) authorize the City Manager to execute all necessary documents on behalf of the city. ..body

FISCAL IMPACT
Sufficient funds are available in the FY 2023-2025 Operating Budget.

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:
 Superior Customer Service
 Effective Technology

Revenue: Click or tap here to enter text.

Expenditure: 10063001-43580/6102050-43580
Transfer In: Click or tap here to enter text. Transfer Out: Click or tap here to enter text. 48 CITY COUNCIL MEETING DATE: JUNE 4, 2024
TITLE: APPROVE A SERVICE AGREEMENT FOR ACCELA MIGRATION AND UPGRADE TO SOFTWARE AS A SERVICE (SAAS).

PAGE: 2

BACKGROUND
The City of Chino currently utilizes Accela, a permit tracking software developed by Accela, Inc., located in San Ramon, California. Accela is used for various components including Citizen Access, GIS, Land Management, Permitting and Inspection, Planning and Zoning, Asset Management, and Web-Based Plan Check. This platform also includes the mobile app, Accela Mobile.

Accela automates workflows to provide a streamlined experience for applicants and internal users, integrates electronic document review tied to parcel information, allows remote management, and facilitates online permits, code enforcement tracking, and infrastructure asset lifecycle management.

ISSUES/ANALYSIS
Since 2015, the City has used Accela as an internally hosted ("on premise") software. However, Accela, Inc. will no longer support "on premise" users due to technological advancements. To ensure a seamless transition and maintain superior customer service without interruptions, the City must migrate to a cloud-based subscription format known as Accela’s SaaS.

To ensure effective technology maintains a priority, Accela integrates with the City’s electronic plan check software, e-PlanSoft, through middleware software Velosimo. With this migration, the integrity of these systems will not impact performance. It is estimated the migration process will take a minimum of six months for testing and conversion before full SaaS implementation.

The implementation to SaaS includes services for configuring the software and converting data.

Thirty-nine thousand dollars ($39,000.00) is due at project commencement with the second payment of $39,000 due at the migration completion. The I.T. Division and the Development Services’ Permit Center Division will collaborate on this migration to ensure a smooth transition.

The Accela licensing and maintenance agreement will continue through migration and thereafter to secure the continuity in service to our internal and external customers.

Attachment: Accela, Inc. Agreement

49 1
01225.0001/458446.1 – Migration Services

Contract No.:

Approved:

AGREEMENT FOR SERVICES

BETWEEN THE CITY OF CHINO AND
ACCELA, INC.

THIS AGREEMENT FOR SERVICES (herein “Agreement”) is made and entered into this 5th day of June 2024 (“Effective Date”) by and between the City of Chino, a California municipal corporation (“City”) and Accela, Inc. of San Ramon, CA (“Consultant”). City and Consultant may be referred to individually as “Party” or collectively as “Parties.”

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

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

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

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

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

ARTICLE 1. SERVICES OF CONSULTANT

1.1 Scope of Services.

In compliance with all terms and conditions of this Agreement, the Consultant shall provide those services specified in the “Scope of Services” attached hereto as Exhibit “A” and incorporated herein by this reference, which may be referred to herein as the “services” or “work” hereunder.

As a material inducement to the City entering into this Agreement, Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform a ll 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. F or purposes of this Agreement, the phrase 50 2
01225.0001/458446.1 – Migration Services

“highest professional standards” shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances.

1.2 Consultant’s Proposal.

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

1.3 Compliance with Law.

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

1.4 California Labor Law.

If the Scope of Services includes any “public work” or “maintenance work,” as those terms are defined in California Labor Code section 1720 et seq. and California Code of Regulations, Title 8, Section 16000 et seq. , and if the total compensation is $1,000 or more, Consultant shall pay prevailing wages for such work and comply with the requirements in California Labor Code section 1770 et seq. and 1810 et seq ., and all other applicable laws, including the following requirements:
(a) Public Work. The Parties acknowledge that some or all of the work to be performed under this Agreement is a “public work” as defined in Labor Code Section 1720 and that this Agreement is therefore subject to the requirements of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works contracts and the rules and regulations established by the Department of Industrial Relations (“DIR”) implementing such statutes. The work performed under this Agreement is subject to compliance monitoring and enforcement by the DIR. Contractor shall post job site notices, as prescribed by regulation.
(b) Prevailing Wages . Contractor shall pay prevailing wages to the extent required by Labor Code Section 1771. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages are on file at City Hall and will be made available to any interested party on request. By initiating any work under this Agreement, Contractor acknowledges receipt of a copy of the Department of Industrial Relations (DIR) determination of the prevailing rate of per diem wages, and Contractor shall post a copy of the same at each job site where work is performed under this Agreement.
(c) Penalty for Failure to Pay Prevailing Wages. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to the City, forfeit two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined 51 3
01225.0001/458446.1 – Migration Services

by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Contractor or by any subcontractor. (d) Payroll Records . Contractor shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Contractor and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform the City of the location of the records. (e) Apprentices. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6, and 1777.7 and California Code of Regulations Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Contractor shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Contractor shall provide City with a copy of the information submitted to any applicable appr enticeship program. Within sixty (60) days after concluding work pursuant to this Agreement, Contractor and each of its subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement.
(f) Eight-Hour Work Day. Contractor acknowledges that eight (8) hours labor constitutes a legal day's work. Contractor shall comply with and be bound by Labor Code Section 1810.
(g) Penalties for Excess Hours. Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the City, forfeit twenty- five dollars ($25) for each worker employed in the performance of this Agreement by the Contractor or by any subcontractor for each calendar day during which such worker is requir ed or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code section 1815, work performed by employees of Contractor in excess of eight (8) hours per day, and forty (40) hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than one and one -half (1½) times the basic rate of pay.
(h) Workers’ Compensation. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees if it has employees. In accordance with the provisions of California Labor Code Section 1861, Contractor certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”
Contractor’s Authorized Initials
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(i) Contractor’s Responsibility for Subcontractors. For every subcontractor who will perform work under this Agreement, Contractor shall be responsible for such subcontractor's compliance with Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code, and shall make such compliance a requirement in any contract with any subcontractor for work under this Agreement. Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a review of the certified payroll records of the subcontractor on a periodic basis or upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Contractor shall diligently take corrective action to halt or rectify any such failure by any subcontractor.

1.5 Licenses, Permits, Fees and Assessments.

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

1.6 Familiarity with Work.

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

1.7 Software and Computer Services.

If the Scope of Services includes the provision and/or installation of any software, computer system, or other computer technology, Consultant represents and warrants that it has inspected the City’s current infrastructure, equipment, computer system and software and that the software, computer system, or other computer technology provided and/or installed by Consultant under this Agreement is compatible, and shall be materially functional, with such infrastructure, equipment, computer system and software o f the City. Consultant acknowledges that the City is relying on the representation by Consultant as a material consideration in entering into this Agreement.
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1.8 Care of Work.

The Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City’s own negligence.

1.9 Further Responsibilities of Parties.

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

1.10 Additional Services.

City shall have the right, subject to state law and the City’s Municipal Code, at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering or adding to said work.

No such extra work may be undertaken unless a written order is first given by the Project Manager to the Consultant, incorporating therein any adjustment in (i) the Contract Sum for the actual costs of the extra work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Consultant. Any increase in compensation for extra work shall require the approval of City Council unless the City Council has previously authorized the City Manager to approve an increase in compensation and the amount of the increase does not exceed such authorization. It is expressly understood by Consultant that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services. Consultant hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates and that Consultant shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other contractors. No claims for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.

1.11 Special Requirements.

Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements” attached hereto as Exhibit “B” and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit “B” and any other provisions of this Agreement, the provisions of this Agreement shall govern. 54 6
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ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.

2.1 Contract Sum.

Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the attached Exhibit “A” and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed Seventy-Eight Thousand Dollars ($78,000) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.10.

2.2 Method of Compensation.

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

2.3 Reimbursable Expenses.

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

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

2.4 Invoices.

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

By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of the Agreement. Consultant shall not invoice City for any duplicate services performed by more than one person.

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

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

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

2.5 Waiver.

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

2.6 Contingency of Funds.

Consultant acknowledges that funding or portions of funding for this Agreement may be contingent upon State budget approval; receipt of funds from, and/or obligation of funds by the State of California to City; or inclusion of sufficient funding for the se rvices hereunder in the budget approved by Chino City Council for each fiscal year covered by this Agreement. If such approval, funding or appropriations are not forthcoming, or are otherwise limited, City may immediately terminate or modify this Agreement without penalty.

ARTICLE 3. PERFORMANCE SCHEDULE

3.1 Time of Essence.

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3.2 Schedule of Performance.

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

3.3 Force Majeure.

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

3.4 Term.

Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services, which shall be no later than June 30, 2025, except as otherwise provided in the Schedule of Performance ( Exhibit “C”). This Agreement may be renewed by a written amendment for up to an additional two (2) year(s) at the option of the City if the City is satisfied with the quality of services performed by Consultant under this Agreement.

ARTICLE 4. COORDINATION OF WORK

4.1 Representatives and Personnel of Consultant.

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

(Name) (Title)

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

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

4.2 Status of Consultant.

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

4.3 Project Manager.

The Project Manager shall be Warren Morelion, AICP, Director of Development Services, or any other person as may be designated by the Project Manager. It shall be the Consultant’s responsibility to assure that the Project Manager is kept informed of the pr ogress 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 Mana ger. The Project Manager shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.

4.4 Independent Consultant.

Neither the City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Consultant’s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are 58 10
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agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise with Consultant.

4.5 Prohibition Against Subcontracting or Assignment.

The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whe ther for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Consult ant 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 or expanding Consultant’s indemnification of City, and prior to commencement of any services under this Agreement, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. (a) General liability insurance . Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
(b) Automobile liability insurance . Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Services to be performed 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.

The parties acknowledge that Consultant owns no automobiles. (c) Professional liability (errors & omissions) insurance . Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement. 59 11
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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. Hereinafter, consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein. (f) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”.

5.2 General Insurance Requirements.
(a) Proof of insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. (b) Duration of coverage . Consultant shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Consultant, its agents, representatives, employees or subconsultants. (c) Primary/noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non- contributory basis for the benefit of City before the City’s own insurance or self -insurance shall be called upon to protect it as a named insured.
(d) City’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City may cancel this Agreement.
(e) Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or that is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.
(f) Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement, not including any applicable Cyber Liability policies, shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to wa ive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants. 60 12
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(g) Enforcement of contract provisions (non- estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
(h) Requirements not limiting . Requirements of specific coverage features or limits contained in this section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits tha n the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
(i) Notice of cancellation . Consultant agrees to oblige its insurance agent or broker and insurers to provide to City within thirty (30) days of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
(j) Additional insured status . General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
(k) Prohibition of undisclosed coverage limitations . None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (l) Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (m) Pass through clause . Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide insurance that is usual and customary for the services they may provide under this Agreement . Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review. (n) Agency’s right to revise specifications . The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additiona l cost to the Consultant, the City and Consultant may renegotiate Consultant’s compensation.
(o) Self-insured retentions. Any self-insured retentions must be declared to and approved by City.
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(p) Timely notice of claims . Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(q) Additional insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.

5.3 Indemnification.

To the full extent permitted by law, Consultant agrees to indemnify, defend and hold harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will hold and save them and each of them harmless from, any third -party actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or tangible property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) to the extent that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Consultant, its officers, employees, agents, subcontractors, or i nvitees, or any individual or entity for which Consultant is legally liable (“indemnitors”), or arising from Consultant’s or indemnitors’ reckless or willful misconduct, or arising from Consultant’s or indemnitors’ negligent performance of or failure to pe rform any term, provision, covenant or condition of this Agreement, provided that City provides: (a) Consultant notice of such claim as soon practical and in no event later than would reasonably permit Consultant to respond to such claim, (b) reasonable co operation to Consultant, at Consultant’s expense, in the defense and/or settlement of such claim and (c) Consultant the sole and exclusive control of the defense, litigation and settlement of such claim, and in connection therewith:
(a) Consultant will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys’ fees incurred in connection therewith;
(b) Consultant will promptly pay any judgment rendered against the City, its officers, agents or employees for any such third -party claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Consultant hereunder; and Consultant agrees to save and hold the City, its officers, agents, and employees harmless therefrom;
(c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Consultant for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Consultant hereunder, Consultant agrees to pay to the City, its officers, agents or employees, any and all costs and expense s incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys’ fees.

Hereinafter, Consultant shall incorporate similar indemnity agreements with its subcontractors and if it fails to do so Consultant shall be fully responsible to indemnify City hereunder therefore, and failure of City to monitor compliance with these provisions shall not be a waiver hereof. This indemnification includes claims or liabilities arising from third -party 62 14
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negligent or wrongful act, error or omission, or reckless or willful misconduct of Consultant in the performance of professional services hereunder. The provisions of this Section do not apply to claims or liabilities occurring as a result of City’s sole negligence or willful acts or omissions, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City’s negligence, except that design professionals’ indemnity hereunder shall be limited to claims and liabil ities arising out of the negligence, recklessness or willful misconduct of the design professional. The indemnity obligation shall be binding on successors and assigns of Consultant and shall survive termination of this Agreement.

5.4 Limitation of Liability

EXCEPT FOR LIABILITY ARISING OUT OF EITHER PARTY’S LIABILITY FOR DEATH OR PERSONAL INJURY OR CITY’S BREACH OF SECTION 2 OF EXHIBIT B, NEITHER PARTY’S AGGREGATE LIABILITY FOR DAMAGES ARISING OUT OF OR IN

CONNECTION WITH THIS AGREEMENT OR FROM THE USE OF OR INABILITY TO USE

THE SERVICE, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF

LIABILITY, SHALL EXCEED THE TOTAL AMOUNT PAID BY CITY HEREUNDER IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE INCIDENT.

EXCEPT FOR LIABILITY ARISING OUT OF CITY’S BREACH OF SECTION 2 OF EXHIBIT B OR EITHER PARTY’S LIABILITY FOR DEATH OR PERSONAL INJURY, IN NO EVENT

SHALL EITHER PARTY OR ANY OTHER PERSON OR ENTITY INVOLVED IN

CREATING, PRODUCING OR DELIVERING THE SERVICE BE LIABLE FOR ANY

INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING

LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION,

COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE

PRODUCTS OR SERVICES, ARISING OUT OF OR IN CONNECTION WITH THIS

AGREEMENT OR FROM THE USE OF OR INABILITY TO USE THE SUBSCRIPTION

SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY. THE

FOREGOING EXCLUSIONS APPLY WHETHER OR NOT A PARTY HAS BEEN

INFORMED OF THE POS SIBILITY OF SUCH DAMAGE, AND EVEN IF A LIMITED

REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION

6.1 Records.

Consultant shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (the “books and records”), as shall be necessary to perform the services required by this Agreement and enable the Project Manager to evaluate the performance of such services. Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Project Manager shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in 63 15
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the event any audit is required. In the event of dissolution of Consultant’s business, custody of the books and records may be given to City, and access shall be provided by Consultant’s successor in interest. Notwithstanding the above, the Consultant shal l fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act.

6.2 Reports.

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

6.3 Ownership of Documents.

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

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

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

ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION

7.1 California Law.

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

7.2 Disputes; Default.

In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice shall include the ti meframe in which Consultant may cure the default.

This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Consultant is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under this Article. Any failure on the part of the City to give notice of the Consultant’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement. 65 17
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7.3 Waiver.

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

Acceptance by City of any work or services by Consulta nt shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver.

Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

7.4 Rights and Remedies are Cumulative.

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

7.5 Legal Action.

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

7.6 Liquidated Damages.

Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Contractor and its sureties shall be liable for and shall pay to the City the sum of Zero Dollars ($0) as liquidated damages for each working day of delay in the performance of any service required hereunder. The City may withhold from any monies payable on account of services performed by the Contractor any accrued liquidated damages.

7.7 Termination Prior to Expiration of Term.

This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Contract at any time, due to the non- appropriation of funds, 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. 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 66 18
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effective date of the notice of termination and for any services authorized by the Project Manager thereafter in accordance with the Schedule of Compensation or such as may be approved by the Project Manager, except as provided in Section 7.3. In the event the Consultant has initiated termination, the Consultant shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder and the City shall not receive a refund of any prepaid fees.

7.8 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.

7.9 Attorneys’ Fees.

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

ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

8.1 Non-liability of City Officers and Employees.

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

8.2 Conflict of Interest.

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

No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects her/his financial interest or the financi al interest of any corporation, partnership or association in which (s)he is, directly or indirectly, interested, in violation of any 67 19
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State statute or regulation. The Consultant warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.

8.3 Covenant Against Discrimination.

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

8.4 Unauthorized Aliens.

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

ARTICLE 9. MISCELLANEOUS PROVISIONS

9.1 Notices.

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

9.2 Interpretation.

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

9.3 Counterparts.

This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument. 68 20
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9.4 Integration; Amendment.

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

9.5 Severability.

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

9.6 Warranty & Representation of Non-Collusion.

No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association 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 “financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5. Consultant warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement.

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

Consultant’s Authorized Initials

9.7 Corporate Authority.

The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this 69 21
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Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.

CITY:

CITY OF CHINO, a municipal corporation

Linda Reich, City Manager
ATTEST:

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

ALESHIRE & WYNDER, LLP

Fred Galante, City Attorney Warren Morelion, AICP
Director of Development Services Department

CONSULTANT:

ACCELA, INC.

By:

Name: Aaron Haggerty
Title: Chief Legal Officer

Address: 2633 Camino Ramon, Suite 120
San Ramon, CA 94583
71 A-1 01225.0001/458446.1
EXHIBIT “A”

SCOPE OF SERVICES
AND

SCHEDULE OF COMPENSATION

SCOPE OF SERVICES
I. Consultant will perform the Services described in Consultant’s Proposal, attached hereto as Exhibit A-1 (the entirety of which is on file with the Development Services Department).

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

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

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

III. The total compensation for the Services shall not exceed the Contract Sum, as provided in Section 2.1 of this Agreement.
72 Statement of Work Page 1 of 9
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EXHIBIT "A-1"

Statement of Work

Chino, California
SaaS Migration Services

1/4/2024
Version 1.0

Accela, Inc.
2633 Camino Ramon
Suite 120
San Ramon, CA 94583
Tel: 925-659-3200
73 Statement of Work Page 2 of 9
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TABLE OF CONTENTS
TABLE OF CONTENTS ......................................................................................................................................................................2 DOCUMENT CONTROL .....................................................................................................................................................................3 INTRODUCTION .................................................................................................................................................................................4 OVERVIEW ............................................................................................................................................................................................ 4 SCOPE OF SERVICES .......................................................................................................................................................................4 WORK DESCRIPTION .............................................................................................................................................................................. 4 OUT OF SCOPE ..................................................................................................................................................................................5 PROJECT ASSUMPTIONS ................................................................................................................................................................5 GENERAL PROJECT ASSUMPTIONS ......................................................................................................................................................... 5 INTEGRATION ASSUMPTIONS .................................................................................................................................................................. 6 PROJECT TIMELINE ................................................................................................................................................................................ 6 PROJECT COMPLETION .......................................................................................................................................................................... 6 PROJECTS PUT ON HOLD ...................................................................................................................................................................... 6 PAYMENT TERMS ..............................................................................................................................................................................6 PAYMENT SCHEDULE ............................................................................................................................................................................. 6 EXPENSES ............................................................................................................................................................................................ 6 CONTRACT SUM .................................................................................................................................................................................... 7 ADMINISTRATION ..............................................................................................................................................................................7 CHANGE ODERS .................................................................................................................................................................................... 7 EXPIRATION .......................................................................................................................................................................................... 7 DISCLAIMERS ........................................................................................................................................................................................ 7 SIGNATURES ..................................................................................................................................................................................... 8 APPENDIX A: CHANGE ORDER FORM ............................................................................................................................................9 SIGNATURE AND ACCEPTANCE ............................................................................................................................................................... 9 74 Statement of Work Page 3 of 9
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DOCUMENT CONTROL

Date Author Version Change Reference
12/4/2023 J. White 1.0 SOW Creation

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INTRODUCTION

OVERVIEW
This Statement of Work (“SOW”) dated 1/4/2024 sets forth the scope and definition of the project -based professional services (collectively, the “Services”) to be provided by Accela, Inc., its affiliates and/or agents (“Accela”) to Chino, California (“Agency” or “Customer”).

The products and services contained herein shall be governed by the Subscription Services Agreement located at www.accela.com/terms/.

Notwithstanding anything to the contrary, Accela is not assigning or licensing any intellectual property to the Agency under this SOW.

This statement of work represents a Fixed Fee based engagement.

SCOPE OF SERVICES
Accela will provide services to the Agency for migrating the Accela on-premise Land Management instance to the Accela Cloud based on the materials provided by the Agency in the SaaS Migration Questionnaire. • Import/upgrade of MS SQL DBs (up to 3 environments: Support, Test, Production) • Assistance migrating 4 specific interfaces:
o GIS with XAPO and asset sync
o Credit Card Payment Adapter (PayPal)
o CSLB
o Laserfische EDMS
o Finance (Munis)
o EPR/Velosimo
o See Click Fix 311
• Migration of up to 100 SSRS reports
• Assist in integrating Azure SSO
• Up to 20 hour of issue resolution and testing assistance • Go live planning and cutover assistance

Products
The following Accela products are in scope for this Project:
• Accela Automation
• Accela Citizen Access
• Accela GIS
• Accela Mobile

WORK DESCRIPTION
Accela will perform a migration of the customer’s on-premise Accela environments using MS SQL (up to 3 environments: Support, Test, Production) to the Accela SaaS platform. 76 Statement of Work Page 5 of 9
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Steps:

1. Customer provides an updated backup of the MS SQL databases for the environments to be migrated

2. Perform the database migration (Accela, Jetspeed, AGIS, AMO, and ADS databases as required) a. Copy database to Accela site
b. Execute preparation and remediation scripts; drop any custom objects c. Import data from the MS SQL DB into Accela SaaS SQL instance

3. Execute validation scripts to confirm the schema

4. Provision tenant instance in Accela SaaS

5. Update environment specific data in the databases

6. Start Accela services and validate the system is functional i.e. login, search, create records, etc.

7. Execute automated test tool to ensure proper system functionality

8. Customer performs migration validation

9. Remediate any data issues that found from the migration

10. Provide the customer with a backup of the revised SQL DB

11. Migrate and Test integrations
o Repoint service endpoints to new URLs
o Adjust firewall rules and network topologies as necessary o Update interface EMSE scripting dependences for Azure compatibility

12. Migrate and update SSRS reports (maximum of 100)
o Import reports into the Accela SaaS environment
o Update reports to remove dependencies on custom objects (stored procedures, functions)
o Facilitate customer testing and remediate any issues found resulting from migration

13. Validate Ad Hoc reports
o Remove dependencies on custom views where possible
o Convert to SSRS as needed

14. Develop go live plan

15. Final go-live/roll back decision

16. Execute go live plan

OUT OF SCOPE
Any Coding, conversion or additional services not specifically described in this document is the responsibility of Agency.

PROJECT ASSUMPTIONS

GENERAL PROJECT ASSUMPTIONS
• Agency will provide the necessary data, files, and other specified inputs to perform the work described in this agreement. These items will be uploaded to secure Azure storage by the customer. Failure to provide these items in a timely fashion will result in a project delay. Such a delay will result in a Change Order.
• Agency will ensure that Accela resources have access to a Dev or Test version of the 3 rd party systems for interface development. All interfaces will be developed against 1 (one), agreed upon version of the 3rd party system.
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• Agency will provide source code for relevant interfaces in scope. If source code is unavailable, then the project may be delayed or addition cost may result from the re-development of a new interface.

Integration Assumptions
• The agency will continue to host any custom interfaces on their infrastructure. Interface hosting is not included in the Accela SaaS license agreement.
• Some interfaces will utilize the Accela Enhanced Reporting Database (ERD). The ERD option must be purchased with the Accela SaaS license or additional cost will be incurred to re -implement interfaces.

PROJECT TIMELINE
The project is estimated to take 20 weeks. The projected start date for the Project is forty-five (45) calendar days after mutual acceptance and signature of this SOW.

PROJECT COMPLETION
Upon completion of the work defined above, this contract will be closed.

PROJECTS PUT ON HOLD
It is understood that sometimes Agency priorities are revised requiring the Agency to place the Accela implementation on hold. The Agency must send a formal written request sent to Accela to put the project on hold. Delays of 2 weeks or more that have a tangible impact to Accela’s resource plan are subject to change order.

If an Agency -based delay puts the project on hold for more than 90 days, Accela reserves the right to terminate the contract and negotiate new terms. If an Agency -based delay puts the project on hold past the termination period, Accela reserves the right to terminate the contract at the time of the delay. After that time, Accela can choose to cancel the rest of the Statement of Work. To finish the project will require a new Statement of Work at new pricing.

PAYMENT TERMS

PAYMENT SCHEDULE
• 50% due at contract signing $39,000.
• 50% invoiced at completion $39,000.

EXPENSES
There is no provision for travel expenses or travel time in this SOW because Agency does not need any onsite resources. Travel to the Agency will not be conducted unless a Change Order, inclusive of travel expense terms and conditions, is signed prior to travel commencing to cover the cost of the travel. 78 Statement of Work Page 7 of 9
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CONTRACT SUM
The total estimated amount payable under this SOW, as calculated from the above-mentioned fees, is $78,000. This estimated price is based on the information available at time of signing and the assumptions, dependencies and constraints, and roles and responsibilities of the Parties, as stated in this SOW.

ADMINISTRATION

CHANGE ODERS
In order to make a change to the scope of Professional Services in this SOW, and subject to the Disclaimers below, Agency must submit a written request to Accela specifying the proposed changes in detail. Accela will submit to Agency an estimate of the charges and the anticipated changes in the delivery schedule that will result from the proposed change in the Professional Services Change Order. Accela will continue performing the Professional Services in accordance with the SOW until the parties agree in writing on the change in scope of work, scheduling, and fees therefore. Any Change Order will be agreed to by the parties in writing prior to implementation of the Change Order. If Accela’s effort changes due to changes in timing, roles, responsibilities, assumptions, scope, etc. or if additional support hours are required, a change order will be created that details these changes, and impact to project and cost (if any). Any change order will be signed by Accela and Agency prior to commencing any activities defined in the change order. Standard blended rate for Accela resources is $ 250 per hour. The Change Order Template is attached hereto as Appendix A.

EXPIRATION
The scope and terms of this SOW must be executed as part of the Professional Services Agreement within sixty (60) calendar days of the date of this SOW. If the SOW is not executed, the current scope and terms can be renegotiated.

DISCLAIMERS
Accela makes no warranties in respect of the Services described in this SOW except as set out in the Professional Services Agreement. Any configuration of or modification to the Product that can be consistently supported by Accela via APIs, does not require direct database changes and is capable of being tested and maintained by Accela will be considered a “Supported Modification”. Accela’s obligations and warranties in respect of its Services, Products, and maintenance and support, as set out the agreement between Accela and Agency, does not extend outside the Supported Modifications or to any Agency manipulation of implemented scripts, reports, interfaces and adaptors.

In the event Agency requires significant changes to this SOW (including cumulative revisions across any one or more Change Orders) which Accela reasonably determines (a) is a material modification of the nature or scope of Services as initially contemplated by the Parties under this SOW and/or (b) is significantly outside the Supported Modifications, Accela may, upon no less than thirty (30) days’ notice to Agency, suspend or terminate this SOW and/or any Change Order issued hereunder. In the event of any s uch termination or suspension, the parties will work together in finalizing agreed-upon Deliverables. 79 Statement of Work Page 8 of 9
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SIGNATURES
This Statement of Work is agreed to by the parties and made effective upon the date of last signature. If undated by Agency, the effective date will be as of the Accela signature hereto.

ACCELA, INC. Chino, California

Authorized Signature Authorized Signature

Name - Type or Print Name - Type or Print

Title Title

Date Date
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APPENDIX A: CHANGE ORDER FORM

Agency: CO #:

Project Code: Date:

Contract ID:

Initiating Department:

Initiated By:

A. PROJECT CHANGE DESCRIPTION/TASK SUMMARY:

1. [Description of Change #1 – Issue details/scope impact, add as many as needed] • Schedule impact:
• Resource impact:
• Cost impact:

2. Etc.

Total Project Schedule Impact: [Enter]
Total Project Resource Impact: [Enter]
Total Project Cost Impact: [Enter]
B. BILLING TERMS:

Please describe the method by which Accela may bill the customer. Typically for CO’s this is T&M.

C. EXPIRATION:

If this is a CO for a bucket of T&M hours there needs to be an expiration date

SIGNATURE AND ACCEPTANCE
The above Services will be performed in accordance with this Change Order/Work Authorization and the provisions of the Contract for the purchase, modification, and maintenance of the Accela systems. The approval of this Change Order will act as a Work Authorization for Accela and/or Agency to perform work in accordance with this Change Order, including any new payment terms identified in t his Change Order. This Change Order takes precedent and supersedes all other documents and discussions regarding this subject matter.

Accepted By: Accepted By:

Accela, Inc.

By:

By:

Print Name: Print Name:

Title: Title:

Date: Date:
81 B-1 01225.0001/458446.1
EXHIBIT “B”

SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)

No Special Requirements.
82 C-1 01225.0001/458446.1
EXHIBIT “C”

SCHEDULE OF PERFORMANCE
I. Consultant shall perform all services and deliver all work products timely per direction from the Project Manager.

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

CITY OF CHINO

PUBLIC WORKS DEPARTMENT

CITY COUNCIL MEETING DATE: JUNE 4, 2024

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

SUBJECT
..titl e
Notice of Completion – Street Rehabilitation Project – Pipeline Ave (ST162) and Traffic Signal Modification Project - Grand Avenue at Spectrum East and West (TR171). ..end

RECOMMENDATION
1) Accept the Street Rehabilitation Project – Pipeline Ave (ST162) and Traffic Signal Modification Project – Grand Avenue at Spectrum East and West (TR171), with Sequel Contractor, Inc., Santa Fe Springs, CA, Contract 2022 -062 as complete; 2) authorize the director of Public Works to file the Notice of Completion; and 3) release the retention funds following the 35-day lien period.
..body

FISCAL IMPACT
The Project was completed within the Council approved project 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
 Financial Stability
 Responsible Long-Range Planning
 Effective Technology

Revenue: Click or tap here to enter text.

Expenditure: 3207100 – 48005 | 48009 – ST162
3207100 – 48005 | 48009 – TR171
3227190 – 48005 | 48009 – ST162
3227190 – 48005 | 48009 – TR171
3277102 – 48005 | 48009 – ST162
Transfer In: Click or tap here to enter text. Transfer Out: Click or tap here to enter text. 84 CITY COUNCIL MEETING DATE: JUNE 4, 2024
TITLE: NOTICE OF COMPLETION - STREET REHABILITATION PROJECT - PIPELINE AVE (ST162) AND TRAFFIC SIGNAL MODIFICATION PROJECT - GRAND AVENUE AT SPECTRUM EAST AND WEST (TR171).

PAGE: 2

BACKGROUND
On July 6, 2021, the City Council awarded a construction contract to Sequel Contractors, Inc., Santa Fe Springs, CA, for $3,313,079.27 for the Street Rehabilitation Project – Pipeline Avenue (“ST162”) and Traffic Signal Modifications – Grand Avenue at Spectrum East and West (“TR171”). Additionally, the City Coun cil authorized expenditures of up to $331,000.00 (10% of the construction contract) for project contingencies, bringing the total construction contract amount not-to-exceed $3,644,079.27. Project ST162 included a grind and overlay on Pipeline Avenue from G rand Avenue to Eucalyptus Avenue South and accompanying accessibility improvements. Project TR171 improvements included a combination of grind and overlay and slurry seal on Grand Avenue from Pipeline Avenue to the west City limits; concrete lane installation at Grand Avenue and Roswell Avenue; traffic signal modifications at the intersections of Grand Avenue and Roswell Avenue and along Grand Avenue at Spectrum West and Spectrum East; and accompanying accessibility improvements.

On February 21, 2023, the City Council approved a construction contract increase of $585,953.57 encompassing both ST162 and TR171 projects for additional work required to replace 300 linear feet of two westbound asphalt lanes with concrete at the intersection of Grand Avenue and R oswell Avenue. This increase brought the construction contract to a new total not -to-exceed amount of $4,230,032.84. Throughout the project’s construction, the City approved five (5) Contract Change Orders (“CCO”) for a total amount of $205,363.77. These CCOs addressed various unforeseen field conditions along with cost increases in material, equipment, and labor. There were several unanticipated delays experienced by the project including an extensive suspension of work required to accommodate the Caltrans permitting process for traffic control; scheduling revision to accommodate a busy holiday shopping season; and delays caused by the historically wet 2022 to 2023 rainy season.

ISSUES/ANALYSIS
All work has been completed per the terms of the origina l construction contract and approved change orders. The following is a summary of the final accounting of construction costs.

The total contract change order amount is $205,363.77 (5.83% of total contract). Ten percent is generally considered within the no rmal range of changed conditions on a Public Works construction project and City Council providing change order authority upfront helps to reduce the possibility of delay on a construction project.

ST162 Contract Contingency
Original Contract & Contingency $1,560,850.00 $156,000.00 Contract Change Order No. 1-5 $47,678.22 -($47,678.22)
Contract Increase Approved 02.21.23 $161,311.81 -($20,720.18) Final Contract & Contingency Balance $1,769,840.03 $87,601.60

TR171 Contract Contingency
Original Contract & Contingency $1,752,229.27 $175,000.00 Contract Change Order No. 1-5 $136,965.37 -($136,965.37) Contract Increase Approved 02.21.23 $445,361.94
85 CITY COUNCIL MEETING DATE: JUNE 4, 2024
TITLE: NOTICE OF COMPLETION - STREET REHABILITATION PROJECT - PIPELINE AVE (ST162) AND TRAFFIC SIGNAL MODIFICATION PROJECT - GRAND AVENUE AT SPECTRUM EAST AND WEST (TR171).

PAGE: 3

Final Contract & Contingency Balance $2,334,556.58 $38,034.63

Total Agreement Cost for ST162 & TR171 Contract Contingency Original Contract & Contingency $3,313,079.27 $331,000.00 Contract Change Order No. 1-5 $184,643.59 -($184,643.59) Contract Increase Approved 02.21.23 $606,673.75 -($20,720.18) Final Contract & Contingency Balance $4,104,396.61 $125,636.23

Sequel Contractor, Inc., Santa Fe Springs, CA, has complied with the terms of the contract. A Notice of Completion has been prepared for filing with the San Bernardino County Recorder’s Office. The retention funds will be released following a 35-day lien period.

Attachment: Notice of Completion – Sequel Contractor, Inc. (ST162 & TR171)

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

AND WHEN RECORDED MAIL TO

City Clerk
City of Chino
P.O. Box 667
Chino, CA 91708-0667

SPACE ABOVE THIS LINE FOR RECORDER’S USE

APN# N/A NOTICE OF COMPLETION

CITY OF CHINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA

Notice is hereby given that:

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

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

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

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

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

Names Addresses

N/A N/A

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

Names Addresses

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

7. A work of improvement on the property hereinafter described was completed on February 22, 2024

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

Sequel Contractor, Inc. Santa Fe Springs, CA
(If no contractor for work of improvement as a whole, insert “none”)

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

ST162 - Pipeline Avenue, TR171 – Grand Avenue and Spectrum East & West

10. The street address of said property is NONE
(If no street address has been officially assigned, insert “none”)

SIGNATURE OF OWNER NAMED IN PARAGRAPH 2: DATE: June 4, 2024 Hye Jin Lee, Director of Public Works

CERTIFICATION FOR NOTICE OF COMPLETION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO )ss

CITY OF CHINO )

I HEREBY CERTIFY that I am the Director of Public Works for the City of Chino. I have read the foregoing Notice of Completion and know the contents thereof; and I certify that the same is true of my own knowledge.

I declare under penalty of perjury, that the foregoing is true and correct. Executed on 06/04/2024, at City of Chino, California

Hye Jin Lee
Director of Public Works
87 MEMORANDUM

CITY OF CHINO

DEVELOPMENT SERVICES DEPARTMENT

CITY COUNCIL MEETING DATE: JUNE 4, 2024

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

SUBJECT
..titl e
Community Development Block Grant (CDBG) 2024-2025 Annual Action Plan. ..end

RECOMMENDATION
..recommendation
1) Conduct a public hearing to receive testimony and approve the 2024 -2025 One-Year Action Plan for the Community Development Block Grant (CDBG) Program; 2) carryover funds in the amount of $125,591.65 of unexpended funds from Program Year 2022 -2023, $31,500 (G6231) for the completion of the Economic Development Facade Program and $219,256 for the completion of the Alley Improvement Project (SN240); 3) authorize the City Manager to execute all required United States Department of Housing and Urban Developme nt (HUD) documents and submit the 2024 -2025 CDBG One -Year Action Plan to HUD; and 4) authorize staff to complete all federal environmental reviews per 24 Code of Federal Regulations (CFR), Part 58. ..body

FISCAL IMPACT
The City has received an allocation of $512,733 for the CDBG Program Year 2024-2025.

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

Revenue:

Expenditure:

Transfer In: Transfer Out:
88 CITY COUNCIL MEETING DATE: JUNE 4, 2024
TITLE: COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) 2024 -2025 ANNUAL ACTION PLAN.

PAGE: 2

BACKGROUND
On January 22, 2024, the Community Services, Parks and Recreation Commission (Commission) received presentations from CDBG Public Service applicants, followed by a comprehensive review of all applicant projects by the C DBG Review Sub -Committee on February 6, 2024. The committee prioritized and ranked the programs/projects and made preliminary funding recommendations. Each program was evaluated based on need, eligibility, and compatibility with the Needs Assessment.

On February 26, 2024, the Sub-Committee presented the preliminary funding recommendations to the Commission. The Commission evaluat ed the recommendations and took appropriate action to forward the attached recommendations to the City Council (Exhibit 1) for consideration.

The Capital Improvement Project applications were reviewed by City staff using the same criteria.

ISSUES/ANALYSIS
The primary objective of the CDBG program is “the development of viable urban communities by providing adequate housing, a suitable living environment, and expanding economic opportunities, principally for persons of low and moderate income.” The One -Year Action Plan details the proposed uses of the Fiscal Year 2024-2025 CDBG allocation of $512,733.

Evaluation criteria include the following:
• Meets HUD’s national objectives and eligibility requirements. • Consistent with the Needs Assessment.
• Minimizes any duplication of service.

Exhibit 1 outlines the Commission's recommended Public Service programs/projects and the proposed funding amount for each. The minimum funding amount per program for this category is $10,000. The Public Service category consists of $76,910 based on the 15% limit established by HUD. In addition, Exhibit 1 displays the staff’s recommendation of $458,868.65 in projects to be funded in the Capital Improvement Projects category.

Each year, HUD reviews the City’s accomplishments using CDBG funds during the previous program year in a Consolidated Annual Performance and Evaluation Report (CAPER). Major subject areas in the CAPER include a narrative that states financial resources, the number of households and persons assisted, and an assessmen t of annual performance. The CAPER assesses programs for low - and moderate-income families, economic development initiatives, social services programs, and various public improvement projects.

The public hearing being conducted during this City Council mee ting fulfills HUD’s Citizen Participation requirements for the adoption of the One-Year Action Plan. A 30-day public review period began on Friday, March 4, 2024, and concluded on Thursday, April 4, 2024, allowing interested community members to submit inp ut in writing on any concerns they may have regarding the One-Year Action Plan. No comments were received. Following final adoption, the One-Year Action Plan will be submitted to HUD for its review and approval.

The Community Services, Parks and Recreation Commission respectfully submits its funding recommendations to the City Council. These recommendations have been thoroughly evaluated according to HUD requirements, compatibility with the needs assessment, likelihood of duplication of services, and the amount of funding available.

Attachments:
89 CITY COUNCIL MEETING DATE: JUNE 4, 2024
TITLE: COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) 2024 -2025 ANNUAL ACTION PLAN.

PAGE: 3

Exhibit 1: CDBG FY 2024-2025 Funding Recommendations
Exhibit 2: Program Year 2024-2025 One-Year Action Plan

90 City of Chino
CDBG 2024-2025 Funding Recommendations
Activities/Department Project # Program Fund Amount Planned Accomplishments
Administrative and Planning
Community Development CDBG Administration $82,546 N/A
Inland Fair Housing & Mediation G8028 Fair Housing Services $20,000 20 persons Subtotal $102,546
Public Services
Human Services G8004 Family Counseling Program $15,000 300 persons Family Services Association G8031 Senior Nutrition Program $10,955 465 persons Inland Valley Hope Partners G8036 Food and Shelter Assistance $10,000 400 persons House of Ruth G8009 Services for battered women
and their children $10,000 55 persons
PW Graffiti Abatement G8001 Graffiti Abatement $10,000 13,000 incidents Chino Neighborhood House G8011 Food Assistance Program $10,955 750 persons Inland Fair Housing & Mediation G8029 Landlord Tenant Counseling $10,000 100 persons Subtotal $76,910
Capital Improvement Projects
Development Services G8019 Code Compliance Program $60,000 435 cases Neighborhood Partnership
Housing Services G8127 Home Improvement Grants $100,000 10 households Community Services Parks &
Recreation
Community Garden
Improvements $173,277 Plus $125,591.65
(remaining funds 22-23)
Subtotal CIP Funds: $333,277
Less than 20% ADMINISTRATION $102,546
15% PUBLIC SERVICES $ 76,910
CAPITAL IMPROVEMENT PROJECTS $333,277
2024-25 PROGRAM YEAR AWARD $512,733
THE FOLLOWING PROJECTS WILL HAVE CONTINUED APPROPRIATIONS FROM PRIOR YEAR FUNDING 2023-2024 THE FINAL CARRYOVER AMOUNT WILL NOT BE DETERMINED AT THE END OF THE PROGRAM YEAR JUNE 30, 2024 Public Works – Alley Improvements Project-SN240 $219,256 Continuing appropriations Economic Development – Façade Improvements – G6231 $31,500 Continuing appropriations (Unexpended funds from 2023-24 in IDIS will be allocated in PY 2025-2026) Exhibit 1
PF253
91 CITY OF CHINO

FY 2024-2025

ANNUAL ACTION PLAN
Community Development Block Grant (CDBG) Program
5th Year of the Five-Year Consolidated Plan FY 2020-2025

Development Services Department
Final June 4, 2024
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Table of Contents
Executive Summary ....................................................................................................................................... 2 AP-05 Executive Summary - 24 CFR 91.200(c), 91.220(b) ........................................................................ 2 PR-05 Lead & Responsible Agencies – 91.200(b) ...................................................................................... 8 AP-10 Consultation – 91.100, 91.200(b), 91.215(l) ................................................................................... 9 AP-12 Participation – 91.105, 91.200(c) ................................................................................................. 16 Expected Resources .................................................................................................................................... 21 AP-15 Expected Resources – 91.220(c)(1,2) ........................................................................................... 21 Annual Goals and Objectives ...................................................................................................................... 24 Projects ................................................................................................................................................... 28 AP-35 Projects – 91.220(d) ..................................................................................................................... 28 AP-38 Project Summary .......................................................................................................................... 29 AP-50 Geographic Distribution – 91.220(f) ............................................................................................. 36 Affordable Housing ..................................................................................................................................... 37 AP-55 Affordable Housing – 91.220(g) ................................................................................................... 37 AP-60 Public Housing – 91.220(h) ........................................................................................................... 38 AP-65 Homeless and Other Special Needs Activities – 91.220(i) ............................................................ 40 AP-75 Barriers to affordable housing – 91.220(j) ................................................................................... 45 AP-85 Other Actions – 91.220(k) ............................................................................................................ 46 Program Specific Requirements .................................................................................................................. 49

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Executive Summary
AP-05 Executive Summary - 24 CFR 91.200(c), 91.220(b)

1. Introduction
Each year, the City of Chino participates (as an entitlement jurisdiction) in the Community Development Block Grant Program (CDBG). This program is administered by the US Department of Housing and Urban Development (HUD) and provides funding for a variety of different community development, housing, and public service activities. Regulations governing the CDBG program require that each activity undertaken with CDBG funds meet s one of the following three broad national objectives: 1) Benefit people with low - and moderate -incomes; 2) Aid in the prevention or elimination of slums and blight; 3) Meet an urgent need (such as earthquake, flood, or hurricane relief). According to HUD's Consolidated Plan Final Rule, the overall goal of community planning and development programs is to develop viable urban communities by providing decent housing (DH), a suitable living environment (SL), and expanding economic opportunities (EO) principally for low - and moderate-income persons. In addition to meeting one of the General Objective Categories above, HUD requires that project activities funded with entitlement funds also meet one of the following General Outcome Categories: Availability/Accessibility (1), Affordability (2), or Sustainability (3). Each activity funded will thus have a combination of the Objective and Outcome Category listed in the description (i.e. DH -2 would be Decent Housing that is Affordable), which allows for measuring accomplishments for each of the Consolidated Plan's five years.

2. Summarize the objectives and outcomes identified in the Plan This could be a restatement of items or a table listed elsewhere in the plan or a reference to another location. It may also contain any essential items from the housing and homeless needs assessment, the housing market analysis or the strategic plan.

During development of the FY 2020 -2025 Consolidated Plan, which forms the basis for establishing objectives and outcomes in the Strategic Plan and five subsequent Annual Action Plans required by HUD, the following Priority Needs, Program Activities, and related Objectives/Outcomes were established:

SL-(1) Availability/Accessibility for the Purpose of Creating a Suitable Living Environment: Public Services- Senior Services, Battered and Abused Spouses, Fair Housing Activities, Tenant/Landlord Counseling, Child Care, Abused and Neglected Children, Mental Health, Homeless Services, an d Other Services.

SL-(3) Sustainability for the Purpose of Creating a Suitable Living Environment: Code Enforcement, Public Services- Graffiti Removal, Infrastructure - Sidewalk Installation/Improvements, Infrastructure - Street Lighting, Public Facility Improvements, and the Business Property Enhancement Program. 94 Annual Action Plan
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DH-(3) Sustainability for the Purpose of Creating Decent Housing: Owner Housing- Home Improvement Grant Program.

EO-(1) Availability/Accessibility for the Purpose of Creating Economic Opportunity Businesses and Business Property Enhancement.

3. Evaluation of past performance
This is an evaluation of past performance that helped lead the grantee to choose its goals or projects.

During the last Consolidated Plan Cycle and annual Action Plan, the City was able to use CDBG funds to accomplish the following:
• Provide Home Improvement Grants to rehabilitate owner-occupied housing units • Address the needs of homeless families with children, homeless individuals, and chronically homeless persons
• Address the decline of deteriorated and deteriorating areas through Code Enforcement activities in low- and moderate-income neighborhoods
• Support infrastructure improvement funding
• Support public service funding for a variety of special needs groups including single parents, elderly, victims of domestic violence, and those at-risk of homelessness All of these projects and experiences have helped guide the city in choosing the goals and projects for the current Consolidated Plan Cycle. As such, the City will be continuing the priorities and projects from the last plan, as there is still an unmet need due to the limited amount of grant funds received each year.

4. Summary of Citizen Participation Process and consultation process Summary from citizen participation section of plan.

Citizen participation is one of the most important components of the Consolidated Plan process. The City of Chino initiated the following process for the FY 2024-2025 Annual Action Plan:
• On November 25, 2023, the city published a Notice of Funding Availability (NoFA) for the FY 2024- 2025 CDBG program in the Chino Champion. This notice was also posted on the City's website and emailed to local and regional public-service providers; including providers that received CDBG funding during the current fiscal year.
• Notice of Funding Availability was also posted on the City’s social media pages. • The City accepted applications until the deadline of January 5, 202 4; a total of elev en (11) applications ( 7 Public Service, 1 Administration, 1 Community Services Parks & Recreation , 1 Development Services, and 1 Housing) were received.
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• The Community Services Commission conducted their first public hearing on January 2 2, 2024, which was public noticed on January 13, 2024. The purpose of the public hearing was to review comments on the needs, priorities, CDBG funding, past performance, and allow the CDBG applicants to present information on their applications for funding. • The Community Services Commission held a second public hearing on February 2 6, 2024, which was published in the Chino Champion on February 1 0, 202 4. At this public hearing, the Commission approved funding for public service projects. • A notice was published in the Chino Champion on March 2, 2024, announcing the availability of the draft Annual Action Plan for a 30-day public review and comment period beginning March 4, 2024, and ending April 4, 2024.
• On June 4, 2024, the City Council held a Public Hearing to review the Annual Action Plan, which the City Council approved the Action Plan to be forwarded to HUD by the statutory deadline. A notice of this meeting and public hearing was published in the Chino Champion on May 25, 2024.

5. Summary of public comments
This could be a brief narrative summary or reference to an attached document from the Citizen Participation section of the Con Plan.

During the Community Services Commission Meeting on January 2 2, 2024, the following comments were received:

1. Chino Neighborhood House provided information on their Food Assistance Program

2. Family Service Association provided information on their Senior Nutrition Program

3. House of Ruth provided information on their services for Domestic Violence/Battered Spouses and Children Program

4. Human Services Department provided information on their Family Counseling Program

5. Inland Valley Hope Partners provided information on their Food and Shelter Program

6. Public Works Department provided information on their Graffiti Removal Program

7. Inland Fair Housing & Mediation provided information on their Landlord-Tenant Services During the Community Services Commission Meeting on February 2 6, 2024, the following comments were received: No comments received.

During the City Council Meeting on June 4, 2024, the following comments were received: No comments received.

During the 30 -day public Review (March 4, 2024 -April 4, 2024) , the following comments were received: No comments received.
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6. Summary of comments or views not accepted and the reasons for not accepting them To date, there were no comments received, but not accepted.

7. Summary
During FY 2024-2025, the City of Chino will receive an allocation of $512,733 from HUD to undertake the following activities to meet the priorities and corresponding goals of the Consolidated Plan (all of which were determined to be a High Priority needs level):

Improve existing housing through code enforcement- The City will ensure that its housing stock provides decent, safe and sanitary housing by allocating $60,000 to the Code Enforcement program, which will provide inspection of 435 households.

Rehabilitate the existing housing stock - The City will provide funding to improve the housing stock through housing rehabilitation. Specifically, $100,000 will be allocated to Neighborhood Partnership Housing Services to administer the City's Healthy Homes Grant Program. Approximately 10 housing units will be repaired.

Provide financial support to the public service projects - The City will provide funding to address food insecurity, childcare, and other needs of low -and moderate-income persons and families in the amount of $76,910. Non-Profit agencies will be funded as follows:

1. Human Services- Family Counseling Program will be allocated $15,000 to assist 300 people.

2. Family Services Association- Senior Nutrition Program will be allocated $10,955 to assist 465 people.

3. Chino Neighborhood House- Food Assistance Program will be allocated $10,955 to assist 750 people.

4. House of Ruth- Domestic Violence Program will be allocated $10,000 to assist 55 people.

5. Inland Valley HOPE Partners- Food and Shelter Assistance Program will be allocated $10,000 to assist 400 people.

6. Public Works- Graffiti Abatement Program will be allocated $10,000 to remove approximately 13,000 incidents of graffiti.

7. Inland Fair Housing and Mediation Board Landlord/Tenant Program will be allocated $10,000 to assist 100 people.

Improve Infrastructure and Facilities- The City’s Community Services, Parks & Recreation Department will be provided $298,868 .65 ($173,277 FY 2024 Entitlement plus $125,591.65 of prior year carryover funds) for the Community Park -Community Garden Project. The Economic Development Department will continue to implement the Façade Improvements with a budget of $31,500.

Achieve fair housing for all- The City will continue to fund a fair housing provider, Inland Fair Housing and Mediation Board, in the amount of $20,000 to investigate housing discrimination complaints, which will benefit approximately 20 people.

Effective grant administration- Funds in the amount of $82,546 will be used to administer the CDBG program including but not limited to sub -recipient monitoring, preparation of the Consolidated Plan, Analysis of Impediments, Annual Action Plan and CAPER, quarterly reporting, and various other administrative activities. Per HUD guidelines, no more than 15 percent of the City's total grant allocation 97 Annual Action Plan
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may be expended on public services and no more than 20 percent may be expended on administrative activities.

Figure 1 shows the City’s CDBG target areas.
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Figure 1 LMA Map
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PR-05 Lead & Responsible Agencies – 91.200(b)

1. Agency/entity responsible for preparing/administering the Consolidated Plan Describe the agency/entity responsible for preparing the Consolidated Plan and those responsible for administration of each grant program and funding source.

Agency Role Name Department/Agency
CDBG Administrator CHINO Development Services Department Table 1 – Responsible Agencies

Narrative (optional)
The City's CDBG programs are administered by the Development Services Department, as shown above in Table 1.

Consolidated Plan Public Contact Information
Pat Cacioppo, Management Assistant
Development Services Department
City of Chino
13220 Central Avenue
Chino, CA 91710
(909) 334-3355
[email protected]
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AP-10 Consultation – 91.100, 91.200(b), 91.215(l)

1. Introduction
The City of Chino consulted with key City departments in the development of the FY 2024-2025 One-Year Action Plan including: Building; Planning; Code Enforcement; Community Services; and Public Works.

Information was also collected from other public and quasi-public agencies, during the Consolidated Plan Process which included the Housing Authori ty and several local Public Service Agencies. Copies of the draft One-Year Action Plan were available during the 30-day public review of the One-Year Action Plan.

Provide a concise summary of the jurisdiction’s activities to enhance coordination between public and assisted housing providers and private and governmental health, mental health and service agencies (91.215(l))
In preparing the FY 2024-2025 One-Year Action Plan, the City incorporated the information contained in the Consolidated Plan needs assessment. This included a wide range of service providers who were contacted to compile information on community needs. Agencies representing persons wi th HIV/AIDS, homeless persons, low -income youth, persons with disabilities, elderly persons, and persons with alcohol/substance abuse problems were contacted. Specifically, the City of Chino's consultation efforts included contacting the following agencies:
• City of Chino Development Services Department
• Inland Fair Housing and Mediation Board
• Chino Neighborhood House
• House of Ruth
• City of Chino Human Services Department
• Family Services Association
• Neighborhood Partnership Housing Services
• Inland Valley HOPE Partners
• Public Works Graffiti Abatement
• Code Enforcement Department
The city will continue to consult with the aforementioned agencies to address the public service needs of the community. Staff will participate on local and regional boards on issues related to the Homeless. Tables 2 and 3 further detail the City's consultation efforts.

Describe coordination with the Continuum of Care and efforts to address the needs of homeless persons (particularly chronically homeless individuals and families, families with children, veterans, and unaccompanied youth) and persons at risk of homelessness. 101
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The City of Chino does not administer an Emergency Solutions Grant (ESG), though staff does coordinate with the County's Continuum of Care regarding homelessness in the city.

Describe consultation with the Continuum(s) of Care that serves the jurisdiction's area in determining how to allocate ESG funds, develop performance standards for and evaluate outcomes of projects and activities assisted by ESG funds, and develop funding, policies and procedures for the operation and administration of HMIS The City of Chino does not administer an Emergency Solutions Grant (ESG), though staff does coordinate with the County's Continuum of Care regarding homelessness in the city.

2. Describe Agencies, groups, organizations and others who participated in the process and describe the jurisdiction’s consultations with housing, social service agencies and other entities
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Table 2 – Agencies, groups, organizations who participated 1 Agency/Group/Organization City and County of San Bernardino Continuum of Care Agency/Group/Organization Type Housing
PHA
Services - Housing
Services-homeless
What section of the Plan was addressed by Consultation? Housing Need Assessment Public Housing Needs
Homeless Needs - Chronically homeless
Homeless Needs - Families with children
Homelessness Needs - Veterans
Homelessness Needs - Unaccompanied youth
Homelessness Strategy
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
The 2023 Homeless Count was used as a basis to estimate the City's unsheltered homeless. Baseline data is an improved way to monitor if homelessness is reduced over time. This agency is coordinated with throughout the year to address homeless issues, needs, and data. 2 Agency/Group/Organization City of Chino Human Services Department Agency/Group/Organization Type Services-Children
Services-Elderly Persons
Services-Persons with Disabilities
Services-Persons with HIV/AIDS
Services-Victims of Domestic Violence
Services-homeless
Services - Victims
Other government - Local
Grantee Department
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What section of the Plan was addressed by Consultation? Non-Homeless Special Needs Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
This department was consulted to provide public services information pertaining to family counseling needs.
3 Agency/Group/Organization City of Chino
Agency/Group/Organization Type Other government - Local Grantee Department
What section of the Plan was addressed by Consultation? Housing Need Assessment Economic Development
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
This department was consulted to provide housing, code enforcement, graffiti, infrastructure, and economic development needs information. 4 Agency/Group/Organization HOUSE OF RUTH
Agency/Group/Organization Type Services-Elderly Persons Services-Victims of Domestic Violence
Services - Victims
Neighborhood Organization
What section of the Plan was addressed by Consultation? Housing Need Assessment Non-Homeless Special Needs
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
This agency was consulted to provide public services information pertaining to victims of domestic violence.
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5 Agency/Group/Organization CHINO NEIGHBORHOOD HOUSE
Agency/Group/Organization Type Services-Victims of Domestic Violence Services-homeless
Services - Victims
Neighborhood Organization
What section of the Plan was addressed by Consultation? Homeless Needs - Chronically homeless Homeless Needs - Families with children
Homelessness Needs - Veterans
Homelessness Needs - Unaccompanied youth
Homelessness Strategy
Non-Homeless Special Needs
Anti-poverty Strategy
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
This agency was consulted to provide public services information pertaining to homeless and other special needs groups.
6 Agency/Group/Organization Inland Valley Hope Partners Agency/Group/Organization Type Services-homeless
Neighborhood Organization
What section of the Plan was addressed by Consultation? Homeless Needs - Chronically homeless Homeless Needs - Families with children
Homelessness Needs - Veterans
Homelessness Needs - Unaccompanied youth
HOPWA Strategy
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
This agency was consulted to provide public services information pertaining to homeless and other special needs groups.
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7 Agency/Group/Organization FAMILY SERVICES ASSOCIATION Agency/Group/Organization Type Services-Elderly Persons Neighborhood Organization
What section of the Plan was addressed by Consultation? Non-Homeless Special Needs Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
This department was consulted to provide public services information pertaining to seniors.
8 Agency/Group/Organization Inland Fair Housing and Mediation Board Agency/Group/Organization Type Service-Fair Housing
Neighborhood Organization
What section of the Plan was addressed by Consultation? Housing Need Assessment Non-Homeless Special Needs
Anti-poverty Strategy
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
This agency was consulted to provide information pertaining to fair housing and discrimination issues.
9 Agency/Group/Organization Neighborhood Partnership Housing Services Agency/Group/Organization Type Housing
Services - Housing
Neighborhood Organization
What section of the Plan was addressed by Consultation? Housing Need Assessment Non-Homeless Special Needs
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
This agency was consulted to provide information pertaining to housing and home repair needs.
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Identify any Agency Types not consulted and provide rationale for not consulting During the preparation of this FY 2024-2025 Annual Action Plan, the City consulted with all agencies that could provide valuable input to the development of the Plan. The City further coordinated with each agency that applied for CDBG funds in an effort to determine need and develop annual goals and objectives relative to both of these City planning documents. Time and financial resources limit the ability to consult with all possible agencies serving residents, though a focused effort is made each year to expand on these efforts.

Other local/regional/state/federal planning efforts considered when preparing the Plan Name of Plan Lead Organization How do the goals of your Strategic Plan overlap with the goals of each plan? Continuum of Care County of San Bernardino This agency was consulted for statistics pertaining to homelessness within the County and City.

Table 3 – Other local / regional / federal planning efforts

Narrative (optional)
Community Services staff (Case Managers/Supervisors) attend meetings at the Office of Homeless Services. The city has partnered with a few organizations to address the city’s homeless issues. The Police Department has formed a team (Quality of Life Team) which Community Services staff and PD approach the homeless on the street and counsel them and provide them with resources for assistance. Community Services staff also partners with the Chino Unified School District (HOPE Program) to provide services needed to homeless students. Community Services staff also attend meetings with San Bernardino County Homeless Partnership Provider Network. City staff has formed a Homeless Subcommittee with faith-based groups to address the homeless issues in the city and provide assistance. 107
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AP-12 Participation – 91.105, 91.200(c)

1. Summary of citizen participation process/Efforts made to broaden citizen participation Summarize citizen participation process and how it impacted goal-setting

Citizen participation is one of the most important components of the Consolidated Plan process. The City of Chino initiated the following process for the FY 2024-2025 Annual Action Plan:
• On November 25, 2023, the city published a Notice of Funding Availability (NoFA) for the FY 2024 -2025 CDBG program in the Chino Champion. This notice was also posted on the City's website and emailed to local and regional public-service providers; including providers that received CDBG funding during the current fiscal year. • Notice of Funding Availability was also posted on the city’s social media pages. • The City accepted applications until the deadline of January 5, 2024; a total of eleven (11) applications (7 Public Service, 1 Administration, 1 Community Services Parks & Recreation, 1 Development Services, and 1 Housing) were received. • The Community Services Commission conducted their first public hearing on January 22, 2024, which was public noticed on Janua ry 13, 2024. The purpose of public hearing was to review comments on the needs, priorities, CDBG funding, past performance, and al low the CDBG applicants to present information on their applications for funding. • The Community Services Commission held a second public hearing on February 26, 2024, which was published in the Chino Champion on February 10, 2024. At this public hearing, the Commission approved funding for public service projects. • A notice was published in the Chino Champion on March 2, 2024, announcing the availability of the draft Annual Action Plan for a 30-day public review and comment period beginning March 4, 2024, and ending April 4, 2024. • On June 4, 2024, the City Council held a Public Hearing to review the Annual Action Plan, which the City Council approved the Action Plan to be forwarded to HUD by the statutory deadline. A notice of this meeting and public hearing was published in the Chino Cham pion on, May 25, 2024.

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Citizen Participation Outreach
Sort Order Mode of Outreach Target of Outreach Summary of response/attendance
Summary of
comments received
Summary of comments
not accepted
and reasons
URL (If
applicable)
1 Newspaper Ad
Non-
targeted/broad
community
On November 25,
2023, the city
published a Notice of
Funding Availability
(NoFA) for the FY
2024-2025 CDBG
program in the Chino
Champion. This
notice was also
posted on the City's
website and emailed
to local and regional
public-service
providers; including
providers that
received CDBG
funding during the
current fiscal year.

N/A None
There were no
comments not
accepted.

2 Internet Outreach
Non-
targeted/broad
community
Notice of Funding
Availability was also
posted on the city's
social media pages.

N/A None
There were no
comments not
accepted.

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Sort Order Mode of Outreach Target of Outreach Summary of response/attendance
Summary of
comments received
Summary of comments
not accepted
and reasons
URL (If
applicable)
3 Public Meeting
Non-
targeted/broad
community
The Community
Services Commission
conducted their first
public hearing on
January 22, 2024,
which was public
noticed on January
13, 2024. The
purpose of public
hearing was to
review comments on
the needs, priorities,
CDBG funding, past
performance, and
allow the CDBG
applicants to present
information on their
applications for
funding.

N/A None
There were no
comments or
applications not
accepted.

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Sort Order Mode of Outreach Target of Outreach Summary of response/attendance
Summary of
comments received
Summary of comments
not accepted
and reasons
URL (If
applicable)
4 Public Meeting
Non-
targeted/broad
community
The Community
Services Commission
held a second public
hearing on February
26, 2024, which was
published in the
Chino Champion on
February 10, 2024.

At this public hearing,
the Commission
approved funding for
public service
projects.

N/A None
There were no
comments or
applications not
accepted.

5 Newspaper Ad
Non-
targeted/broad
community
A notice was
published in the
Chino Champion on
March 2, 2024,
announcing the
availability of the
draft Annual Action
Plan for a 30-day
public review and
comment period
beginning March 4,
2024, and ending
April 4, 2024.

N/A None
There were no
comments not
accepted.

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Sort Order Mode of Outreach Target of Outreach Summary of response/attendance
Summary of
comments received
Summary of comments
not accepted
and reasons
URL (If
applicable)
6 30-day Public
Review
Non-
targeted/broad
community
The City made the
Draft Annual Action
Plan available for a
30-day public review
and comment period
beginning March 4,
2024 and ending
April 4, 2024.

N/A None
There were no
comments not
accepted.

7 Newspaper Ad
Non-
targeted/broad
community
A notice was
published in the
Chino Champion on
May 25, 2024,
announcing the
Public Hearing to
approve the Annual
Action Plan on June
4, 2024.

N/A None
There were no
comments not
accepted.

Table 4 – Citizen Participation Outreach
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Expected Resources
AP-15 Expected Resources – 91.220(c)(1,2)
Introduction
During FY 2024- 2025, the City of Chino will receive an allocation of $512,733 from HUD to undertake activities to meet the priorities and corresponding goals of the Consolidated Plan (all of which were determined to be a High Priority needs level. Table 5 illustrates the City’s expected resources, while Tables 6 and 7 provide further detail as related to the City's goals associated with the Consolidated Plan.

Anticipated Resources
Program Source of
Funds
Uses of Funds Expected Amount Available Year 5 Expected Amount
Available
Remainder
of Con Plan
$
Narrative Description
Annual
Allocation:
$
Program
Income:
$
Prior Year
Resources:
$
Total:
$
CDBG public -
federal
Acquisition
Admin and
Planning
Economic
Development
Housing
Public
Improvements
Public
Services $512,733 $0

$125,591

$638,324 $0
The estimated amount of CDBG
funds over the 5-year Consolidated
Plan period is $2,400,000.

Table 5 - Expected Resources – Priority Table
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Explain how federal funds will leverage those additional resources (private, state and local funds), including a description of how matching requirements will be satisfied
CDBG funds support the Home Improvement Healthy Homes Grant Program. To supplement this Federal funding, the City has obtained CalHOME funds from the State, and also utilizes local Affordable Housing Funds for Home Improvement Grants and Loan. The City continues to seek this funding and other potential funding sources as leverage. The CDBG Program does not require a match. Although the HOME Program requires a match, the City does not receive funding from the federal entitlement HOME program. 114
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If appropriate, describe publicly owned land or property located within the jurisdiction that may be used to address the needs identified in the plan The City owns one property that house low -income families. This single -family home has been made available to address the CDBG housing and non-housing community development needs. This property is currently in the process of being rehabilitated.

Discussion
Refer to the above narratives.
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Annual Goals and Objectives

AP-20 Annual Goals and Objectives
Goals Summary Information
Sort
Order
Goal Name Start
Year
End
Year
Category Geographic Area Needs Addressed Funding Goal Outcome Indicator 1 Improve existing
housing through code
enforcement
2020 2024 Affordable
Housing
Deteriorated
and
deteriorating
areas
Area benefit
neighborhoods
Improve the existing
housing stock
Improve
deteriorated and
deteriorating areas
CDBG:
$60,000
Housing Code
Enforcement/Foreclosed
Property Care: 435 Household
Housing Unit
2 Rehabilitate the
existing housing stock
2020 2024 Affordable
Housing
Deteriorated
and
deteriorating
areas
Area benefit
neighborhoods
Improve the existing
housing stock
Improve
deteriorated and
deteriorating areas
CDBG:
$100,000
Homeowner Housing
Rehabilitated: 10 Household
Housing Unit
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Sort
Order
Goal Name Start
Year
End
Year
Category Geographic Area Needs Addressed Funding Goal Outcome Indicator 3 Improve the well-being
of low-income persons
2020 2024 Homeless
Non-Homeless
Special Needs
City-wide Improve
deteriorated and
deteriorating areas
Public Service
Programs
Eliminate housing
discrimination
Address Homeless
needs
CDBG:
$76,910
Public service activities other
than Low/Moderate Income
Housing Benefit: 2,070 Persons
Assisted
4 Improve/upgrade
public infrastructure &
facilities
2020 2024 Non-Housing
Community
Development
Deteriorated
and
deteriorating
areas
Area benefit
neighborhoods
Improve/upgrade
public facilities &
infrastructure
CDBG:
$173,277
Public Facility or Infrastructure
Activities other than
Low/Moderate Income Housing
Benefit: 453 Persons Assisted
5 Encourage economic
development
2020 2024 Non-Housing
Community
Development
City-wide Improve economic
condition
CDBG:
$31,500
Businesses assisted: 10
Businesses Assisted
6 Achieve fair housing
for all
2020 2024 Non-Homeless
Special Needs
City-wide Eliminate housing
discrimination
CDBG:
$20,000
Other: 20 Other
7 Effective grant
administration
2020 2024 Planning City-wide Effective grant
administration
CDBG:
$82,546
Other: 14,593 Other
Table 6 – Goals Summary
Goal Descriptions

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1 Goal Name Improve existing housing through code enforcement Goal
Description
The City will provide funding to ensure that its housing stock is decent, safe and sanitary, with the objective/outcome of providing for decent housing/sustainability.
2 Goal Name Rehabilitate the existing housing stock
Goal
Description
The City will provide funding to improve the housing stock through housing rehabilitation, with the objective/outcome of providing for decent housing/affordability.
3 Goal Name Improve the well-being of low-income persons Goal
Description
The City will provide financial support to public service agencies addressing food insecurity, childcare and other needs of low-income persons and families, with the objective/outcome of providing for a suitable living environment/availability and accessibility.
4 Goal Name Improve/upgrade public infrastructure & facilities Goal
Description
The City will provide funds to improve the alley in low- and moderate-income neighborhood, with the objective/outcome of providing for a suitable living environment/sustainability. 5 Goal Name Encourage economic development
Goal
Description
The City will fund activities that contribute to the success of local businesses, with the objective/outcome of providing for economic opportunity/availability.
6 Goal Name Achieve fair housing for all
Goal
Description
The City will continue to fund a fair housing provider that will investigate housing discrimination complaints and tenant/landlord issues, with the objective/outcome of providing for decent housing/availability and accessibility. 7 Goal Name Effective grant administration
Goal
Description
The City will provide funds for Grant Administration including all regulatory compliance, sub-recipient monitoring, Annual Action Plans, annual CAPERs, Five-year Consolidated Plans, Analysis of Impediments to Fair Housing etc., with the objective/outcome of providing for a suitable living environment/availability and accessibility.

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Estimate the number of extremely low-income, low-income, and moderate-income families to whom the jurisdiction will provide affordable housing as defined by HOME 91.215(b)
Approximately 10 low-and moderate-income families will be provided affordable housing as defined by HOME 91.215(b). 119
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Projects
AP-35 Projects – 91.220(d)
Introduction
The City’s planned actions include grant administration; providing fair housing services; ensuring the quality of the housing stock through code enforcement and housing rehabilitation; improving exterior facades for low -income businesses and improving alley conditions in low - and moderate -income residential neighborhoods; providing public services to seniors including: the frail elderly, the disabled and other non-homeless populations. Twelve projects will be funded in FY 2024-2025 as listed in Table 8 and 9.

Projects
# Project Name
1 CDBG Administration
2 Fair Housing Services
3 Landlord Tenant Mediation Services
4 Human Services - Family Counseling Program
5 Family Services Association Senior Nutrition Program
6 Inland Valley HOPE Partners
7 House of Ruth
8 Public Works Graffiti Abatement
9 Chino Neighborhood House
10 Code Compliance
11 NPHS Home Improvement Grants
12 Community Park-Community Garden Project
Table 7 - Project Information

Describe the reasons for allocation priorities and any obstacles to addressing underserved needs
For FY 2024-2025, CDBG funds have been allocated to projects that contribute to achieving the priority needs and goals established by the 5-Year Strategic Plan. The projects are consistent with the citizen input received during the development of the Consolidated Plan. One of the greatest challenges in meeting the underserved needs of low- and moderate-income persons is having limited financial resources. The City will continue to use CDBG funding to support public service agencies that address the special needs of the underserved, including the elderly and frail elderly and persons belonging to protected classes that have been the victims of housing discrimination. The City also proactively seeks additional resources to better meet the underserved needs.

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AP-38 Project Summary
Project Summary Information
1 Project Name CDBG Administration
Target Area City-wide
Goals Supported Effective grant administration
Needs Addressed Effective grant administration
Funding CDBG: $82,546
Description Funds will be used to provide CDBG Program Administration.

Target Date 6/30/2025
Estimate the number and
type of families that will
benefit from the
proposed activities
All residents will benefit from the administration of the CDBG program, approximately 14,593 of which are considered low- and moderate-income.

Location Description This activity is administered by the Development Services Department located at 13220 Central Avenue, Chino, CA 91710.

Planned Activities Funds are used for general management, monitoring, and oversight of the CDBG Program, including the preparation of the 5-Year Consolidated Plan, Analysis of Impediments to Fair Housing, Annual Action Plan and CAPER.
2 Project Name Fair Housing Services
Target Area City-wide
Goals Supported Achieve fair housing for all
Needs Addressed Eliminate housing discrimination
Funding CDBG: $20,000
Description The Inland Fair Housing and Mediation Board offers comprehensive fair housing services and investigates/processes housing discrimination complaints.

Target Date 6/30/2025
Estimate the number and
type of families that will
benefit from the
proposed activities
Approximately 20 low- and moderate-income people will benefit. 121

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Location Description Services are available citywide, and the program is administered by Inland Fair Housing and Mediation Board located at 1500 S Haven Ave #100, Ontario, CA 91761.

Planned Activities The Inland Fair Housing and Mediation Board offers comprehensive fair housing services and investigates/processes housing discrimination complaints.
3 Project Name Landlord Tenant Mediation Services
Target Area City-wide
Goals Supported Improve the well-being of low-income persons Achieve fair housing for all
Needs Addressed Public Service Programs
Eliminate housing discrimination
Funding CDBG: $10,000
Description The City will contract with the Inland Fair Housing and Mediation Board to provide landlord-tenant mediation services.

Target Date 6/30/2025
Estimate the number and
type of families that will
benefit from the
proposed activities
Approximately 100 low- and moderate-income people will benefit.

Location Description Services are available citywide, and the program is administered by Inland Fair Housing and Mediation Board located at 1500 S Haven Ave #100, Ontario, CA 91761.

Planned Activities The City will contract with the Inland Fair Housing and Mediation Board to provide landlord tenant mediation services.
4 Project Name Human Services - Family Counseling Program Target Area City-wide
Goals Supported Improve the well-being of low-income persons Needs Addressed Public Service Programs
Funding CDBG: $15,000
Description City operated public service program to assist families with resolving family problems and disputes with specific emphasis on those that have been victims or are potential victims of family violence.
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Target Date 6/30/2025
Estimate the number and
type of families that will
benefit from the
proposed activities
Approximately 300 low- and moderate-income people will benefit from this activity.

Location Description Services are available city-wide, and the program is administered by the Human Services Department located at 13201 Central Avenue, Chino, CA 91710.

Planned Activities City operated public service program to assist families with resolving family problems and disputes with specific emphasis on those that have been victims or are potential victims of family violence.
5 Project Name Family Services Association Senior Nutrition Program Target Area City-wide
Goals Supported Improve the well-being of low-income persons Needs Addressed Public Service Programs
Funding CDBG: $10,955
Description This program provides a home-delivered meal to seniors.

Target Date 6/30/2025
Estimate the number and
type of families that will
benefit from the
proposed activities
Approximately 465 seniors will benefit.

Location Description Services are available citywide, and the program is administered by Family Services Association located at 21250 Box Springs Rd., Ste. 212 Moreno Valley, CA 92557. Services provided at the Chino Senior Center and meals provided to homebound seniors.

Planned Activities The City will contract with the Family Services Association to administer this program, which provides a home-delivered meal to seniors.
6 Project Name Inland Valley HOPE Partners
Target Area City-wide
Goals Supported Improve the well-being of low-income persons Needs Addressed Public Service Programs
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Funding CDBG: $10,000
Description Non-profit public service program families who are homeless or on the verge of homelessness with food, shelter and clothing assistance.

Target Date 6/30/2025
Estimate the number and
type of families that will
benefit from the
proposed activities
Approximately 400 low- and moderate-income people will benefit from this activity.

Location Description Services are available citywide, and this program is administered by Inland Valley HOPE Partners located at 5581 Daniels St. Unit F, Chino, CA 91710.

Planned Activities The City will contract with the Inland Valley HOPE Partners to provide food, shelter and clothing assistance.
7 Project Name House of Ruth
Target Area City-wide
Goals Supported Improve the well-being of low-income persons Needs Addressed Public Service Programs
Funding CDBG: $10,000
Description This program assists persons who are victims of domestic violence by providing short-term shelter and transitional housing, counseling, outreach, education, and prevention services to battered and abused spouses and their children.

Target Date 6/30/2025
Estimate the number and
type of families that will
benefit from the
proposed activities
Approximately 55 low- and moderate-income people will benefit from this activity.

Location Description Services are available citywide, and the program is administered by the House of Ruth located at 599 N. Main Street, Pomona, CA 91768.

Planned Activities This program assists persons who are victims of domestic violence by providing short-term shelter and transitional housing, counseling, outreach, education, and prevention services to battered and abused spouses and their children.
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8 Project Name Public Works Graffiti Abatement
Target Area Deteriorated and deteriorating areas
Area benefit neighborhoods
Goals Supported Improve the well-being of low-income persons Improve/upgrade public infrastructure & facilities
Needs Addressed Improve deteriorated and deteriorating areas Improve/upgrade public facilities & infrastructure
Funding CDBG: $10,000
Description This program removes incidents of graffiti in order to avoid slum/blight.

Target Date 6/30/2025
Estimate the number and
type of families that will
benefit from the
proposed activities
Approximately 13,000 incidents of graffiti will be removed benefitting the residents of the low- and moderate-income areas.

Location Description This activity is undertaken in the low- and moderate-income areas and is administered by the Public Works Department located at 13220 Central Avenue, Chino, CA 91710.

Planned Activities This program removes incidents of graffiti in order to avoid slum/blight.
9 Project Name Chino Neighborhood House
Target Area City-wide
Goals Supported Improve the well-being of low-income persons Needs Addressed Public Service Programs
Funding CDBG: $10,955
Description Non-profit public service program to assist families who are homeless or on the verge of homelessness with food and clothing assistance.

Target Date 6/30/2025
Estimate the number and
type of families that will
benefit from the
proposed activities
Approximately 750 low- and moderate-income people will benefit. 125

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Location Description Services are available citywide, and this program is administered by Chino Neighborhood House located at 13130 6th Street Chino, CA 91710.

Planned Activities The City will contract with Chino Neighborhood House to provide food and clothing assistance.
10 Project Name Code Compliance
Target Area Deteriorated and deteriorating areas
Area benefit neighborhoods
Goals Supported Improve existing housing through code enforcement Needs Addressed Improve deteriorated and deteriorating areas Funding CDBG: $60,000
Description CDBG funding is used by City staff to implement the code enforcement program to eliminate slum/blight conditions.

Target Date 6/30/2025
Estimate the number and
type of families that will
benefit from the
proposed activities
Staff will provide inspection of 435 households.

Location Description This project is available in the low and moderate-income areas and is administered by the City's Development Services Department located at 13220 Central Avenue Chino, CA 91710.

Planned Activities CDBG funding is used by City staff to implement the code enforcement program to eliminate slum/blight conditions. 11 Project Name NPHS Home Improvement Grants
Target Area City-wide
Goals Supported Rehabilitate the existing housing stock Needs Addressed Improve the existing housing stock
Funding CDBG: $100,000
Description This program funds home rehabilitation of qualified senior citizen households or homeowners with mobility disabilities.

Target Date 6/30/2025
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Estimate the number and
type of families that will
benefit from the
proposed activities
This program will fund home rehabilitation of approximately 10 qualified senior citizen households or homeowners with mobility disabilities.

Location Description This program is available citywide and is administered by Neighborhood Partnership Housing Services located at 9551 Pittsburgh Ave, Rancho Cucamonga, CA 91730.

Planned Activities The City will provide grants to low- and moderate-income homeowners to facilitate housing rehabilitation.
12 Project Name Community Park-Community Garden Project Target Area Deteriorated and deteriorating areas
Area benefit neighborhoods
Goals Supported Improve/upgrade public infrastructure & facilities Needs Addressed Improve/upgrade public facilities & infrastructure Funding CDBG: $173,277
Description The City's Community Services Department will be provided funds to improve a community park/garden in a low- and moderate- income neighborhood (Community Garden to make ADA
improvements).

Target Date 6/30/2025
Estimate the number and
type of families that will
benefit from the
proposed activities
Approximately 453 disabled people living in Census Tract 605.1 will benefit.

Location Description This activity is undertaken in the low- and moderate-income areas and is administered by the Public Works Department located at 13220 Central Avenue, Chino, CA 91710
Planned Activities The City's Community Services Department will be provided funds to improve a community park/garden in a low- and moderate- income neighborhood ADA accessible.
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AP-50 Geographic Distribution – 91.220(f)
Description of the geographic areas of the entitlement (including areas of low -income and minority concentration) where assistance will be directed CDBG investment will be focused on income eligible households and area benefit neighborhoods. A total of 19,415 people reside within the CDBG low- and moderate-income areas.

According to 2015 American Community Survey (ACS) estimates, the City’s low- and moderate-income areas include the following Census Tracts and Block Groups: 401.3 403.2, 404.2, 503.1, 503.3, 603.2, 604.2, 605.1, 605.2, 1703.3, 1704.1, 1704.2 and 113.2. This area is bounded by the Chino Valley Freeway on the west, Phillips Boulevard on the north, Euclid Avenue on the east, and Chino Avenue on the South.

Table 10 shows that in FY 2024-2025 approximately 69 percent of the City's grant allocation will be spent in the low-and moderate-income areas/deteriorating areas and 31 percent will be spent Citywide.

Geographic Distribution
Target Area Percentage of Funds
City-wide 31
Deteriorated and deteriorating areas 69
Area benefit neighborhoods 69
Table 8 - Geographic Distribution

Rationale for the priorities for allocating investments geographically Area benefit neighborhoods have the greatest needs relative to the problems of sidewalk and streetlight improvements, the number and extent of code violations, and the need for housing improvement assistance to low- and moderate-income homeowners.

Discussion
Refer to narratives above.

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Affordable Housing
AP-55 Affordable Housing – 91.220(g)
Introduction
The Section 8 Housing Voucher rental assistance program provides assistance to approximately 220 extremely low and very low- income families. In addition, 50 public housing units are located in Chino.

Approximately 10 low - and moderate -income owner househol ds will receive Home Improvement Grants. Tables 11 and 12 show these affordable housing goals.

One Year Goals for the Number of Households to be Supported Homeless 0
Non-Homeless 280
Special-Needs 0
Total 280
Table 9 - One Year Goals for Affordable Housing by Support Requirement

One Year Goals for the Number of Households Supported Through Rental Assistance 270
The Production of New Units 0
Rehab of Existing Units 12
Acquisition of Existing Units 0
Total 282
Table 10 - One Year Goals for Affordable Housing by Support Type

Discussion
Refer to the table and narrative above.

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AP-60 Public Housing – 91.220(h)
Introduction
The City of Chino does not have a Housing Authority. The Housing Authority of the County of San Bernardino owns the 50 public housing units located in the City.

Actions planned during the next year to address the needs to public housing The Housing Authority of the County of San Bernardino has prepared a five -year Strategic Plan and an Annual Plan. The Plans guide the actions of the Housing Authority in addressing the needs of extremely low and very- low-income families and include goals to increase the supply of affordable housing, promote self-sufficiency and asset development, ensure equal opportunity and affirmatively further fair housing, and in achieving consistency with each jurisdiction’s Consolidated Plan. The City will continue to monitor the Housing Authority’s Plans and provide input as it pertains to Chino residents in an effort to increase the supply of affordable housing.

Actions to encourage public housing residents to become more involved in management and participate in homeownership
The Housing Authority of the County of San Bernardino's Community Development Initiatives Department connects residents and participants to services and activities that encourage self-sufficiency and supports a mission of enhancing the quality of life. The Career and Technology Centers (Public Computer Centers) offer free access to high -speed internet and staff to help individuals search for employment, build resumes, and access other resources.

The Community Development Initiatives Department strives to provide a supportive environment for individuals to access local services and resources and help them achieve self- sufficiency. Housing Authority staff helps interested participants find an appro priate mortgage lender and works with the participant through the process of buying a home. In order to qualify to participate in the Homeownership Assistance Program, a person must:
• Reside in San Bernardino County for at least 1 year before applying to the program. • Participate at least 1-year in the Housing Choice Voucher Program or Public Housing Program. • Be in good standing with the Housing Authority.
• Have no previous homeownership history within the past 3 years. • Must be currently employed full time for at least 2 years earning more than $14,500 a year (2000 hours at Federal minimum wage). This requirement does not apply to disabled or elderly (62 years or older) participants.
• Be credit worthy to secure their own mortgage financing through a lender, including no outstanding collection accounts, judgments or liens and at least 2 years since the discharge of a bankruptcy.
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• Have a gross household income of at least 2 times the HACSB payment standard for the unit size (this requirement does not apply to disabled or elderly participants). • Can contribute a total down payment of 3% of the purchase price. The program requires at least 1% of the down payment must come from the participant. The other 2% can be gifts, contributions and grants.

Once the family/individual has met the above homeownership eligibility criteria the home purchasers must complete a minimum of 8 hours of homebuyer’s education from a HUD -approved counseling program.

If the PHA is designated as troubled, describe the manner in which financial assistance will be provided or other assistance
The Housing Authority of the County of San Bernardino is not a troubled PHA.

Discussion
Refer to the above narratives.
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AP-65 Homeless and Other Special Needs Activities – 91.220(i) Introduction
In order to effectively address homelessness in a comprehensive manner, HUD asks cities to form Continuums of Care. A Continuum of Care refers to an overall plan to coordinate the efforts of all involved parties to meet the needs of homeless persons and persons at ri sk of homelessness. The components of a continuum include:
• Homeless prevention
• Emergency shelter
• Transitional shelter
• Permanent supportive housing
• Supportive services
The overall objective is to move homeless persons and families outside the service delivery system into emergency housing, then to transitional housing, and finally to self- sufficiency or permanent supportive housing.

One of the methods used by the City of Chino to address homelessness is to support the County of San Bernardino’s comprehensive strategy to address homelessness. This strategy is comprised of activities to address the following three priorities:
• Emergency and transitional housing
• Persons at risk of becoming homeless
• Persons in transition from homelessness to permanent housing Describe the jurisdictions one -year goals and actions for reducing and ending homelessness including
Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs
Outreach assistance is a component of the City’s strategy to prevent homelessness by individuals and families who are at risk of homelessness. The City has 8 case managers who will provide referral services, follow-up, and ongoing support for clients at n o charge. Outreach is promoted at various community and promotional events. City staff also assist children in the Chino Valley Unified School District who have been identified as homeless, as determined by McKinney -Vento, by assisting them with minim izing educational disruptions. City staff distributes care packages to the identified students and also provide referrals to mental or physical health agencies and follow up on the progress of the students. 132

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The City recognizes the importance of awareness and outreach to reduce the risk of homelessness in our community. To aid in this effort, a Quality -of-Life Team and two Homeless Outreach Coordinators have recently been implemented as a new component of the City’s strategy to assist individuals/families who are most at risk. The Quality-of-Life Team and Outreach Coordinators is a collaborative effort between the City of Chino Police Department, non -profit and faith -based organizations, case management staff, and medical/mental health facilities. As Chino Police Officers or Outreach Coordinators encounter homeless individuals, this team intervenes quickly by arranging for emergency shelter, providing medical or mental health resources, counseling, and other intervention needed to enable a holistic approach to meet the needs of this special population. The City also collaborates with faith-based groups, nonprofits, business, and community members to effectively address and reduce the homeless population. The team will provide homeless prevention activities to individuals and families at -risk of homelessness. The Outreach Coordinators will provide consistent and intensive case management services to individuals living on the streets. Assisting these most vulnerable and service resistant individuals will result in direct savings to city facilities and staff, law enforcement, paramedics/ fire, business and improve the overall quality of life for the City of Chino.

Goals and actions over the next year include: the enhancement of the Homeless Outreach Team’s community involvement, and increased promotion and education to staff about the sensitivity and growing concerns revolving around the homeless population, organized Outreach Clinics fostering relationships with community partners that provide comprehensive resources related to physical/mental health, transitional and affordable housing, employment, education, social services and case management.

In addition to the new efforts of our Homeless Outreach Team as described above, City staff will continue to assist Chino Valley Unified School District students as identified as homeless by McKinney -Vento, by working to minimize educational disruptions an d providing care packages, family emergency hotel vouchers, rental deposit assistance and utility payment assistance and in obtaining transitional and affordable housing through City programs and partnerships with County and local housing agencies, referrals to mental or physical health agencies, job resources, and case management. High school students are also provided assistance in completing job applications, obtaining work permits, writing resumes, and interviewing techniques to aid in securing employment. These efforts aim to educate our youth and low- income families to aid in homelessness prevention.

Addressing the emergency shelter and transitional housing needs of homeless persons Twenty-eight (28) is Chino’s most recent count of unsheltered homeless persons according to the San Bernardino County 2023 Homeless Count and Subpopulation Survey: Final Report, January 2023. Per the Report, six (6) steps that the San Bernardino County Continuum of Care should take to help end homelessness, which are aligned with the County of San Bernardino 10 -Year Strategy to End Homelessness and are also aligned with several evidence -based and best practices that have helped 133

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achieve unprecedented decreases in the total number of homeless persons, particularly among families, chronic -homeless persons, and veterans, across the country since 2005 include:

1. Encourage each city to adopt their unsheltered homeless count numbers as baseline numbers

2. Completely align with a Housing First model and low-barrier approach for chronically homeless individuals and families

3. Completely align with a rapid rehousing and low -barrier approach for non chronically homeless individuals and families.

4. Align the current homeless services delivery system with a goal of ending homelessness among unaccompanied women by 2025.

5. Increase the Number of Permanent Supportive Housing Units.

6. Increase Rapid Rehousing Assistance
The City will continue to coordinate with County efforts to end homelessness.

Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the peri od of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again
The City recently adopted zoning provisions to facilitate the development of transitional and supportive housing. The City supports the efforts of the San Bernardino County Interagency Council on Homelessness to help individuals make the transition to perm anent housing and independent living. Additionally, the City supports new strategies such as the Housing First Model and Rapid Re -housing to house homeless persons.

Community Services staff (Case Managers/Supervisors) attend meetings at the Office of Homeless Services. The City has partnered with a few organizations to address the city’s homeless issues. The Police Department has formed a (Quality of Life Team) whic h Community Services Homeless Outreach Coordinators and PD approach the homeless on the street and counsel them and provide them with resources for assistance. Community Services staff also partners with the Chino Unified School District (HOPE Program) to provide services needed to homeless students. Community Services staff also attend meetings with San Bernardino County Homeless Partnership Provider Network. City staff has formed a Homeless Subcommittee with faith-based groups to address the homeless i ssues in the city and provide assistance.

All the above information is available on the city website and counter staff at City Hall has handouts for anyone that comes into City Hall to inquire.
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Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); or, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs.

Rental assistance is a component of the City’s strategy to prevent homelessness by individuals and families who are at risk of homelessness. The City administers a Rental Security Deposit, Rental Payment and Utility Payment Assistance Program to assist res idents in jeopardy of losing their housing or loss of utility service. Among this group are extremely low- income renters who are spending more than 50% of their income on housing costs. Also, among the people who are threatened with homelessness are the persons and families on the Section 8 waiting list. During the Program year, the City continued to support the HACSB Housing Choice Voucher (Section 8) rental assistance program. In addition, the City encouraged the HACSB’s landlord outreach efforts in Chino.

In addition, the City’s fair housing provider assisted homeowners in jeopardy of losing their housing. They mediated landlord/tenant complaints and worked with the tenant in formulating a plan, such as a rent repayment plan, and mediated with the landlord in accepting the terms so that the tenant was not evicted.

The City of Chino does not receive funding from Federal sources that require the implementation of supportive housing programs for persons returning from mental and physical health institutions.

California law requires hospitals/regional hospital associations to have protocols for homeless patients.

The Hospital Association of Southern California, National Health Foundation, and Illumination Foundation's Recuperative Care Program must provide post -hospital healthcare services to homeless patients moving from acute care. Services include housing location assistance, residential medical and social support.

The San Bernardino County 10 -Year Strategy to End Homelessness recommends the formalizing of discharge planning protocols and improved coordination among the different agencies with discharge responsibilities.

Discussion
The City’s priority is to assist families with children who are at -risk of becoming homeless. The specific annual objective is to assist 1,200 people/families through the Chino Neighborhood House Food Assistance Program and Inland Valley HOPE Partners. Add itionally, approximately 55 people will be assisted by the House of Ruth, particularly victims of domestic violence, many of which are homeless.

There are no obstacles to providing these funds and reaching the objectives as the City has provided 135

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funding to the Chino Neighborhood House, Inland Valley HOPE Partners and House of Ruth in recent program years. In the coming year, the City will continue to provide funds to these programs. Other one- year goals pertaining to homelessness are included in the narrative above, though only activities receiving funding are assigned quantifiable goals.

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AP-75 Barriers to Affordable Housing – 91.220(j)
Introduction:

The City evaluated barriers and constraints to the development of affordable housing as a critical component of the 2014 -2021 Housing Element. The California Department of Housing and Community Certified Chino’s Housing Element. (2021-2019 Housing Element is waiting HCD approval) Actions it planned to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment
To facilitate residential development, the City will provide development pre -application review and will offer a one-stop processing system that simplifies and expedites development processing. The City also will offer priority processing of affordable and special needs housing applications.

The City will consider fee deferrals for affordable and special needs housing on a case -by-case basis, if requested by the project owner/developer; work to identify a new funding source to finance fee waivers for affordable and special needs housing; and pursue funding for infrastructure improvements needed to support affordable and special needs housing.

Discussion:

Refer to the above narratives.
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AP-85 Other Actions – 91.220(k)
Introduction:

The following describes other program-specific requirements.

During FY 2024-2025, the City will take actions in the following areas:
• Address obstacles to meeting underserved needs
• Foster and maintain affordable housing
• Reduce lead-based paint hazards
• Reduce the number of poverty-level families
• Develop institutional structure
• Enhance coordination between public and private housing and social service agencies Actions planned to address obstacles to meeting underserved needs Actions to address obstacles to meeting underserved needs will include:

The City will obtain data from the Housing Authority of San Bernardino County (HASBC) on the number of Section 8 households assisted by race, ethnicity, age, and disability status. The City will compare who is being served to the demographic characteristic s of the community. In this way, the City will be able to estimate more precisely underserved populations.
• The City will encourage and support the efforts of the HASBC to seek additional Section 8 Housing Choice Vouchers.
• The City will encourage and support the efforts of non-profit housing development corporations to seek funding from federal, state, and local sources for special needs housing.

Actions planned to foster and maintain affordable housing actions planned to foster and maintain affordable housing will include:
• CDBG funds for $100,000 will be expended on the rehabilitation of 12 homes/housing units. • CDBG funds for $60,000 will be expended on the Code Enforcement Program to maintain health and safety in the low- and moderate-income neighborhoods (435 cases/housing units). • The Housing Authority of the County of San Bernardino will provide rental assistance to approximately 270 extremely low- and very low-income families. • The City Council has adopted an updated Housing Element of the General Plan. The Housing Element includes a program to preserve the affordability of existing affordable housing developments.
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Actions planned to reduce lead-based paint hazards
To reduce lead in existing housing, and in order to prevent possible exposure to lead in City rehabilitation projects, Chino will adhere to HUD guidelines for lead -safe work practices in all rehabilitation and minor home repair projects funded with CDBG an d/or non -federal funds. Whenever the City is involved in rehabilitation work, the City will provide notification, conduct a lead inspection for units constructed prior to 1978, will hire qualified contractors to do lead hazard reduction, and will issue a final report on the work. The City also adheres to the State lead-based paint (LBP) regulations.

Additionally, the City educates the public on the hazards of lead -based paint as part of the Home Improvement Grant process.

Actions planned to reduce the number of poverty-level families In order to contribute to a reduction of poverty income level families, the City will carry out the following anti-poverty actions in coordination with its affordable housing plan:
• The City will continue to support the Section 8 Housing Choice Voucher Program and public housing units located within the community.
• The City will coordinate with the Housing Authority of the County of San Bernardino to increase the number of households who obtain rental assistance.
• The City will work with the Housing Authority of San Bernardino County to encourage families receiving Section 8 rental assistance and living in public housing units to participate and graduate from the Family Self-Sufficiency Program (FSS).
• The City will periodically request information from the Housing Authority on FSS participation and graduation levels.
• The City will provide funding for childcare services. Access to childcare is a policy that contributes to helping the working poor to make ends meet and avoid poverty.

Actions planned to develop institutional structure
The Development Services Department will continue to maintain and strengthen the existing structure for the delivery of programs and services funded by CDBG. The Department will coordinate with the departments responsible for administering a CDBG- funded activity: Development Services, Community Services, and Public Works as well as the public service agencies.

The City will develop the institutional structure for the delivery of housing assistance by working with the County of San Bernardino Housing Authority. The Housing Authority will assist local residents through the Section 8 Housing Choice Voucher Program and also by providing 50 public housing units located in Chino. The City will enhance the delivery of housing assistance to Chino residents by working with the local Ontario Housing Authority Office to obtain information on:
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• Geographic distribution/concentration of Section 8 assisted housing units • Number of families enrolled in the Family Self-Sufficiency Program (FSS) • Number of graduates from the FSS program
• Plans for maintenance and modernization of public housing units • Admission preferences for local residents
The City requested this information from the Housing Authority. The Housing Authority responded by indicating that voucher holder data at the census tract level was unavailable. Also, the Housing Authority has no voucher holders on the FSS program within the City of Chino. Modernization and physical improvements have been made to the public housing units located in Chino.

Actions planned to enhance coordination between public and private housing and social service agencies
During the development of the Annual Action Plan, the City consulted and coordinated with numerous agencies, which included: Community Senior Services, House of Ruth, Inland Fair Housing & Mediation Board, and Family Service Association.

Discussion:

Refer to the narratives above.
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Program Specific Requirements
AP-90 Program Specific Requirements – 91.220(l)(1,2,4)
Introduction:

The following narratives describe how the City of Chino addresses Program Specific Requirements. Overall Benefit - A consecutive period of one, two or three years may be used to determine that a minimum overall benefit of 70 percent of CDBG funds is used to benefit persons of low- and moderate-income. Specifically, one year covers this Annual Action Plan: FY 2024-2025.

Community Development Block Grant Program (CDBG)
Reference 24 CFR 91.220(l)(1)
Projects planned with all CDBG funds expected to be available during the year are identified in the Projects Table. The following identifies program income that is available for use that is included in projects to be carried out.

1. The total amount of program income that will have been received before the start of the next program year and that has not yet been reprogrammed 0

2. The amount of proceeds from section 108 loan guarantees that will be used during the year to address the priority needs and specific objectives identified in the grantee's strategic plan. 0

3. The amount of surplus funds from urban renewal settlements 0

4. The amount of any grant funds returned to the line of credit for which the planned use has not been included in a prior statement or plan 0

5. The amount of income from float-funded activities 0
Total Program Income: 0

Other CDBG Requirements

1. The amount of urgent need activities 0

2. The estimated percentage of CDBG funds that will be used for activities that benefit persons of low and moderate income. Overall Benefit - A consecutive period of one, two or three years may be used to determine that a minimum overall benefit of 70% of CDBG funds is used to benefit persons of low and moderate income. Specify the years covered that include this Annual Action Plan. 0.00%

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MEMORANDUM

CITY OF CHINO

FINANCE DEPARTMENT

CITY COUNCIL MEETING DATE: JUNE 4, 2024

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

SUBJECT
..titl e
Annual Contract Amendments/Renewals and Blanket Purchase Orders. ..end

RECOMMENDATION
..recommendation
Authorize the annual contract amendments or renewals, issue blanket purchase orders, 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 2024 -25 Operating Budget for these contracts and blanket purchase orders.

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

Revenue:

Expenditure:

Transfer In: Transfer Out:
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CITY COUNCIL MEETING DATE: JUNE 4, 2024
TITLE: ANNUAL CONTRACT AMENDMENTS/RENEWALS AND BLANKET PURCHASE ORDERS.

PAGE: 2

BACKGROUND
The City Council has approved the Fiscal Year 2024-25 Annual Operating Budget for the City.

Included in the budget is the appropriation of funds for the items contained in this report.

ISSUES/ANALYSIS
The City’s current Purchasing Ordinance requires that the City Council approve any contract amendment/renewal or blanket purchase order exceeding $50,000. These items represent routine, annual contract, or purchase orders for the provision of services necessary for City operations. All purchases through these listed contracts or blanket purchase orders shall adhere to the City’s Purchasing Ordinance, Chapter 3.32.060 of the Chino Municipal Code. The following is a consolidated list of vendors:

ANNUAL CONTRACT RENEWALS
NO. VENDOR NAME DESCRIPTION AMOUNT
1 10-8 Retrofit
Provides Police Vehicle-Specific Equipment
Installation and Maintenance Services.

Contract and Blanket Purchase Order.

Public Works: $605,000
Police Department: $10,000
$615,000
2 ACCELA, INC.

Provides for Land Development, Code
Enforcement and Asset Management
Software. Development Services
$392,350
3 ADVANCED

TRANSPORTATION

CONCEPTS GROUP
Provides Traffic Engineering Design and
Support. Public Works
$60,000
4 ALESHIRE & WYNDER
Provides Legal Counsel for the City.

Human Resources: $600,000
Development Services: $132,000
Public Works $195,200
Administration: $77,000
Finance: $50,000
Police Department: $50,000
CSPR: $25,000
$1,129,200
5 ALLISON MECHANICAL Provides HVAC services. CSPR. $120,000 6 AMERICAN GUARD Provides Security Guard Services.

Administration
$245,000
7 ATKINSON,

ANDELSON, LOYA,
Provides Legal Services. Human Resources $200,000
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PAGE: 3

RUUD & ROMO
8 AXON ENTERPRISE,
INC.

Provides Body Camera Equipment and
Repairs. Contract and Blanket Purchase
Order. Police Department
$264,904
9 BADAWI &
ASSOCIATES Provides Audit Services. Finance $59,199
10 BCS Provides General Plan Check Services.

Development Services
$400,000
11 BLAIS & ASSOCIATES Provides Grant Writing Services.

Administration
$72,000
12 BUREAU VERITAS Provides General Plan Check and Support Services. Public Works $400,000
13 CALGON CARBON Provides GAC Replacement Services.

Public Works $400,000
14 CANNON

CORPORATION
Provides General Plan Check Services.

Public Works $150,000
15 CASC ENGINEERING &
CONSULTING, INC.

Provides for on-call stormwater compliance,
inspection and support services.

Public Works
$60,000
16 CCS ORANGE COUNTY
JANITORIAL, INC. Provides for Janitorial Services. CSPR $490,000 17 CHINO VALLEY

UNIFIED SCHOOL

DISTRICT
Provides school crossing guard and
custodial services at all CVUSD schools.

Administration: $296,910
CSPR: $72,000
$368,910
18 CITIZEN BUSINESS
BANK Provides banking services. Finance $125,000
19 CITY GREEN
CONSULTING, INC.

Provides Providing Program Assistance for
SB1383 Mandates and Software.

Public Works
$64,500
20 CIVICA LAW GROUP
APC
Provides Specialized Code Legal Services.

Development Services: $650,000
Police Department: $265,000
Human Resources: $95,000
$1,010,000
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PAGE: 4

21 CIVICPLUS Provides website support. Administration $85,000 22 CLS LANDSCAPE
MANAGEMENT, INC.

Provides for landscape maintenance
services for medians and reservoir sites.

Public Works
$100,000
23 CT&T CONCRETE Provides on-call concrete repair services.

Public Works
$580,000
24 DATA TICKET
Provides citation processing services for
city-wide parking and administrative
citations.

Police Department: $84,000
Development Services: $15,000
Finance: $2,500
$101,500
25 DAVID TAUSSIG &

ASSOCIATES
Provides DIF & CFD Reconciliation Project
Management. Public Works $265,000
26 DAVID TURCH &

ASSOCIATES
Provides Federal Advocacy Services.

Administration $60,000
27 DYETT & BHATIA Provides General Plan Consulting Services.

Development Services $900,000
28 ENGINEERING

RESOURCES

SOUTHERN

CALIFORNIA (ERSC)
Provides General Plan Check Services.

Public Works $150,000
29 E-PLAN SOFT Provides Software Licensing.

Development Services $100,000
30 EUROFINS EATON

ANALYTICAL
Provides Drinking Water Analysis &
Consulting Services. Public Works $80,000
31 GRANICUS, LLC Provides Agenda Automation and Video
Services. Administration $60,000
32 GUARANTEED

JANITORIAL
SERVICES, INC.

Provides Restroom/Canopy Cleaning
Services at Public Parks and Window
Cleaning Services.

Public Works: $253,050
CSPR: $20,000
$273,050
33 HANSON BRIDGETT Provides Legal Services and Risk
Management Services. Human Resources
$60,000
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PAGE: 5

34 HARDY AND HARPER,
INC.

Provides As-Needed Asphalt Pavement
Repair/Replacement Services.

Public Works
$783,100
35 HAZELRIGG A TRISTAR

COMPANY
Provides Workers Compensation and
General Liability Third Party Administration.

Human Resources
$135,790
36 HCI ENVIRONMENTAL
& ENGINEERING

SERVICES
Provides Gun Range Cleaning Services.

CSPR
$75,000
37 HDL COREN & CONE Provides Property Tax Audit & Information Services. Finance
$197,250
38 HERITAGE DESIGN

BUILD & CONSULTING
Provides City-wide Lighting System
Maintenance. Public Works
$800,000
39 HINDERLITER, DE

LLAMAS &

ASSOCIATES
Provides Sales Tax Audit & Information
Services. Finance
$60,000
40 HUMANE SOCIETY OF

POMONA VALLEY
Provides Animal Control Services.

Police Department
$671,416
41 INFOSEND
Provides Utility Billing, Online Payment
Services, and Mailing Inserts. Contract &
Blanket Purchase Order.

Finance: $170,000
Public Works: $27,500
Development Services: $4,000
$201,500
42 INLAND EMPIRE

UTILITIES AGENCY
Provides Sewage Treatment Services,
Operations and Maintenance Services, and
other Support Services. Contract and
Blanket Purchase Order. Public Works
$10,147,875
43 J & S STRIPING

COMPANY
Provides Street Striping and Pavement
Marking Services. Public Works
$380,000
44 JIMMY GUTIERREZ Provides Water Legal Representation and Other Services. Public Works
$100,000
45 LANDSCAPE WEST

MANAGEMENT
SERVICES, INC.

Provides City-wide Public Parks and
Facilities Landscape Maintenance Services.

Public Works
$916,324
46 MARK III Provides Professional Traffic Engineering $60,000 146
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TITLE: ANNUAL CONTRACT AMENDMENTS/RENEWALS AND BLANKET PURCHASE ORDERS.

PAGE: 6

CONSULTANTS, INC. Services. Public Works
47 MERCHANTS

LANDSCAPE
SERVICES, INC.

Provides Landscape Maintenance Services
for Medians and Parkways. Public Works
$822,900
48 MORTON SALT INC. Provides Bulk Solar Salt for Water
Treatment Process. Public Works
$500,000
49 MYERS & SON HIWAY
SAFETY
Provides Traffic Control Equipment for
Citywide Signage. Contract and Blanket
Purchase Order.

Public Works: $731,000
CSPR: $10,000
Police Department: $5,000
Development Services: $500
$746,500
50 NANCY K. BOHL, INC.

Provides Employee Assistance Services and
Counseling Services.

Police Department: $100,000
Human Resources: $50,000
$150,000
51 OAKRIDGE

LANDSCAPE
Provides Magnolia Channel Cleaning and
Maintenance. Public Works $85,600
52 PIPE TECH, INC. Provides for Sewer Main Cleaning Services.

Public Works $100,000
53 RHA LANDSCAPE

ARCHITECTS
Provides Design Services.

CSPR $650,000
54 SAN BERNARDINO

COUNTY - FIRE

PROTECTION

DISTRICT
Provides Household Hazardous Waste
Services. Public Works $115,066
55 SAN BERNARDINO

COUNTY - FLOOD

CONTROL DISTRICT
Provides Traffic Signal Maintenance.

Public Works $167,000
56 SAN BERNARDINO

COUNTY -

INFORMATION

SYSTEMS

DEPARTMENT
Provides Radio Communication Systems
Access and Maintenance
Public Works: $451,754
Police Department: $200,000
$651,754
57 SOUTHERN

CALIFORNIA
Provides Re-Sodding of Sports Field
Services for Parks. Public Works $527,057
147
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TITLE: ANNUAL CONTRACT AMENDMENTS/RENEWALS AND BLANKET PURCHASE ORDERS.

PAGE: 7

LANDSCAPE, INC.
58 STEVE A. FILARSKY Provides Legal Services. Human Resources $150,000 59 SUPERION Provides CADE-RMS Annual Maintenance.

Police Department
$200,000
60 THE LINCOLN

NATIONAL LIFE
INSURANCE CO.

Provides Third Party Administration Services
for Short- & Long-Term Disability.

Human Resources
$110,000
61 TOSHIBA Provides Maintenance for City Copiers.

Administration
$210,000
62 UNIVAR USA INC. Provides Bulk Hydrochloric Acid.

Public Works
$110,000
63 VERITAS HEALTH

SERVICES
Provides Medical Services for
Pre-Bookings. Police Department
$55,000
64 WASTE MANAGEMENT
Provides Refuse, Recycling Collection, and
Disposal Services.

Public Works: $2,350,000
Finance: $6,000,000
$8,350,000
65 WEBB MUNICIPAL

FINANCE
Provides Special Assessment District
Consulting Services. Finance $214,635
66 YUNEX, LLC Provides Annual Traffic Signal Maintenance and Repair Services. Public Works $1,600,000
67 Z&K CONSULTANTS,
INC.

Provides On-Call Project Management and
Engineering Services for Capital
Improvement Projects. Public Works
$900,000

ANNUAL BLANKET PURCHASE ORDERS

NO. VENDOR NAME DESCRIPTION AMOUNT
68 AMAZON BUSINESS Provides Supplies for all Departments. $120,000 69 AMERICAN RIGHT-OF-
WAY, INC.

Provides Traffic Signal Poles and Parts.

Public Works
$60,000
70 ANIXTER, INC. Provides Traffic Signal/Communication Equipment including Fiber Optic Cable
$100,000
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PAGE: 8

Parts, Pipe, and Wires. Public Works
71 AON RISK INSURANCE
SERVICES WEST, INC.

Provides Insurance Broke Services.

Human Resources
$2,000,000
72 AUTOMOTIVE TRAINING

INSTRUCTOR
Provides Vehicle Repairs for City's Fleet.

Public Works
$77,000
73 BMW MOTORCYCLE OF

RIVERSIDE
Provides Motorcycle Repairs and
Maintenance for City's Fleet. Public
Works
$65,000
74 CDI
Provides computer hardware, software
maintenance and upgrades.

Administration
$200,000
75 CDW GOVERNMENT,
INC.

Provides computer hardware, software
maintenance and upgrades.

Administration
$400,000
76 CHINO BASIN

DESALTER AUTHORITY
Provides CDA Water Purchase.

Public Works $6,750,000
77 CHINO BASIN

WATERMASTER
Provides Assessment Appropriative Pool.

Public Works $950,000
78 CHINO HILLS FORD
Provides Parts and Supplies for City's
Fleet and Sublet Repair Services for
City's Ford Vehicles.

Public Works: $89,000
Finance: $3,000
$92,000
79 CONVERGEONE, INC.

Provides Computer Software
Maintenance and Upgrades.

Administration
$400,000
80 CT WEST
Provides Traffic Signal Loop Detection
Parts & Central System Software.

Public Works
$100,000
81 DDL TRAFFIC, INC.

Provides Traffic Signal Emergency
Vehicle Preemption Parts & Software.

Public Works
$65,000
82 DELL MARKETING Provides Computer Hardware, Software
Maintenance and Upgrades.
$660,000
149
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PAGE: 9

Administration: $650,000
Police Department: $10,000
83 DOOLEY ENTERPRISES
INC. Provides Ammunition. Police Department $60,000
84 ECONOLITE Provides Traffic Signal Cabinets, Parts,
and Labor. Public Works
$500,000
85 FERGUSON
Provides Software and Parts for Water
Meters.

Finance: $90,000
Public Works: $20,000
CSPR: $10,000
$120,000
86 FLOCK GROUP, INC.

Provides Automated License Plate
Reader Cameras and Repairs.

Police Department
$250,000
87 G & S SYNDICATE Provides Law Enforcement equipment
and supplies. Police Department $60,000
88 GALLS
Provides law enforcement personnel
uniforms.

Police Department: $100,000
Development Services: $2,000
$102,000
89 GENUINE PARTS

COMPANY
Provides Parts and Supplies for City's
Fleet Inventory and For City's Fleet
Repairs.

Public Works: $56,000
Finance: $12,000
$68,000
90 GOLDEN STATE

NEWSPAPER
Provides Legal Publications for Bids,
Public Hearings, and Event Ads.

Public Works: $42,500
Development Services: $38,790
Administration: $22,000
CSPR: $20,000
Finance: $20,000
Police Department: $5,000
$148,290
91 GOVCONNECTION Provides Computer Hardware, Software
and Upgrades. Administration $300,000
92 GPS ANYPLACE Provide GPS System for City Fleet.

Public Works $65,000
93 GRAYBAR ELECTRIC Provide Traffic Signal/Communication $100,000 150
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PAGE: 10

CO., INC. Equipment. Public Works
94 HAAKER
Provides Parts and Supplies for City's
Fleet.

Public Works: $65,000
Police Department: $5,000
$70,000
95 HOLIDAY ROCK
Provides Asphalt, Concrete Materials for
City Street and Water Projects.

Public Works
$52,000
96 INLAND EMPIRE

UTILITIES AGENCY
Provides for purchase of recycled water,
unit charges, reclaimable wastewater.

Public Works
$4,610,000
97 INSIGHT ENTERPRISES
Provides Apple Products, Computers,
Software, and Accessories.

Administration
$300,000
98 ITERIS, INC. Provides Traffic Signal Video Detection Parts and Equipment. Public Works
$80,000
99 JAM SERVICES, INC. Provides Traffic Signal LED Modules.

Public Works $70,000
100 JTB SUPPLY CO., INC. Provides Traffic Signal Cabinet Parts and Equipment. Public Works $100,000
101
LEVEL 3 FINANCING,
INC. DBA CENTURY
LINK
Provides Telephone and Internet
Services. Administration $90,000
102 M.K. SMITH

CHEVROLET
Provides Parts and Supplies for City's
Fleet Inventory and For City's Fleet
Repairs
Public Works: $66,500
Police Department: $5,000
Finance: $2,000
$73,500
103 MISSION LINEN &

UNIFORM
Provides Uniforms, Linen, Gloves, etc.

Public Works: $25,500
Police Department: $20,000
Finance: $15,000
$60,500
104 MOTOROLA
SOLUTIONS, INC.

Provides 800 MHz handheld and vehicle
radios. Public Works $650,000
105 NEXTECH SYSTEMS, Provides Proprietary Parts and Supplies for Lighted Crosswalks and Safety Lights.
$250,000
151
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PAGE: 11

INC. Public Works.
106 OFFICE DEPOT
Provides General Office Supplies.

Administration: $80,000
CSPR: $21,050
Police Department: $20,000
Public Works: $20,000
Human Resources: $18,000 Development
Services: $12,000
Finance: $12,000
$183,050
107 PARKHOUSE TIRES
Provides Tire Inventory and Services.

Public Works: $85,000
Finance: $40,000
$125,000
108 PROFORCE
MARKETING INC.

Provides Law Enforcement Equipment
and Supplies. Police Department $200,000
109 SAN BERNARDINO
COUNTY
Provides access to CLETS system,
equipment recordings, call-ID, 800MHZ
system access & maintenance, SB county
fire hazard.

Police Department: $200,000
Development Services: $800
$200,800
110 SAN DIEGO POLICE
EQUIPMENT Provides Ammunition. Police Department $60,000 111 SC FUELS Provides Fuel for City Fleet. Public Works $1,075,000 112 SHI INTERNATIONAL
CORP.

Provides Computer Hardware and
Software, and Upgrades. Administration $300,000
113 SIDEPATH Provides Computer Software, Hardware
Data Storage and Support. Administration $1,500,000
114 SOFTWAREONE Provides Software Maintenance and
Upgrades for IT. Administration $300,000
115

STATE WATER

RESOURCES CONTROL
BOARD
Provides Permit Fees for Water Facilities,
City Shared Fees and Expenses.

Public Works
$160,000
116 SWARCO MCCAIN, INC. Provides Traffic Signal Framework & Housing Parts. Public Works $100,000
117 T.R.L. SYSTEMS, INC. Provides Computer Hardware, Software, and Upgrades. Administration $300,000
152
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PAGE: 12

118 THIRKETTLE CORP. Provides Water Meters and Annual
Software for Antennas. Finance $615,000
119 TOWNER FILTRATION Provides Parts and Supplies for Water Treatment System. Public Works $80,000
120 TYLER TECHNOLOGIES
Provides Custom Programming, Software
Licenses, Training, and Maintenance for
the Munis Financial System
Administration: $300,000
Finance: $10,000
$310,000
121 VERIZON WIRELESS
Provides Network Services for Cellular
Phones, Laptop, and other Wireless
Services
Administration: $250,000
CSPR: $15,000
$265,000
122 WATER FACILITIES

AUTHORITY
Provides Imported Water.

Public Works
$5,750,000
123 WAXIE ENTERPRISES
Provides Custodial Supplies.

CSPR: $90,000
Finance: $90,000
$180,000
124 WESTERN AUDIO
VISUAL
Provides Equipment and Repair Services
for Audio and Visual Equipment.

Administration: $360,000
Public Works: $25,000
Police Department: $10,000
$395,000
125 WESTERN SYSTEMS
Provides Traffic Signal Battery Backup
Parts & Labor
Public Works.
$100,000
126 WESTERN WATER
WORKS
Provides Water Distribution Parts
Inventory and Repairs.

Finance: $25,000
Public Works: $53,000
$78,000

153

MEMORANDUM

CITY OF CHINO

PUBLIC WORKS DEPARTMENT

CITY COUNCIL MEETING DATE: JUNE 4, 2024

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

SUBJECT
..titl e
Award of Contract – Citywide Tree Trimming and Tree Maintenance Services. ..end

RECOMMENDATION
..recommendation
Award a Professional Services Agreement with West Coast Arborists, Inc., Anaheim, CA, for Citywide Tree Trimming and Tree Maintenance Services, in the amount of $999,976 with a five - year term 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 2024 -25 Public Works Department operating budget within the Street Trees, Civic Center, Medians and Parkways, and various Maintenance District Funds.

Fund Budgeted Amount
Street Trees (Fund 360) $550,000
Civic Center (Fund 360) $15,000
Medians and Parkways (Fund 360) $60,000
Maintenance Districts (Funds 360 & 361) $374,976
Totals $999,976

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

Revenue: Click or tap here to enter text.

Expenditure:
3607210-43580 36172603-43580
3607230-43580 36172604-43580
3607240-43580 36172606-43580
3607260-43580 36172607-43580
36172601-43580
Transfer In: Click or tap here to enter text. Transfer Out: Click or tap here to enter text. 154
CITY COUNCIL MEETING DATE: JUNE 4, 2024
TITLE: AWARD OF CONTRACT - CITYWIDE TREE TRIMMING AND TREE MAINTENANCE SERVICES.

PAGE: 2

BACKGROUND
The City of Chino’s beneficial urban forest consists of a large variety of tree species that provides an ecological environment for residents and helps mitigate rising climate temperatures throughout the City. Over the past year, the different species of t rees have been planted to enhance tree diversity, improving aesthetics and sustaining the habitat within our environment.

For thirty years, the City has been recognized by the national organization, Tree City USA, reflecting the City’s commitment to proper tree preservation.

The City utilizes contract tree trimming and tree maintenance services to perform scheduled and emergency trimming and removal of the City’s estimated 16,500 maintained trees. Maintaining and providing a beneficial urban forest is a c ritical component in preserving safety, aesthetics, and civic responsibility by delivering high -quality tree management and maintenance practices that promote a beautiful community and serve the needs of our community. Given the large number of trees, the City’s tree trimming cycle ensures that every tree gets trimmed at least once every other year, guaranteeing the health and safety of the City’s trees as recommended by the City’s arborist.

For the past five years, West Coast Arborists, Inc., Anaheim, CA, has been performing tree trimming and tree maintenance for the City. Under the current contract, the City’s successfully maintained a high level of quality and service, averaging 8,250 trees trimmed annually. With the current contract expiring on June 30, 2024, City staff have explored options and resources to continue these services.

ISSUES/ANALYSIS
Staff elected to piggyback from a competitive Request for Proposal the City of Norco conducted on April 3, 2023, which selected West Coast Arborists, I nc. as its provider for tree trimming and tree maintenance services. Both the City of Norco and West Coast Arborists, Inc. have agreed to extend the same pricing and terms to the City of Chino as a piggyback agreement, including locked-in pricing and rates for five years starting Fiscal Year 2024 -25 to Fiscal Year 2028 -29.

Staff completed an analysis of the City of Norco/West Coast Arborists, Inc.’s agreement and found it fair and reasonable.

City staff estimated that had Chino independently pursued a similar contract, a 4% to 6% increase in tree trimming service costs woul d have been anticipated. By piggybacking from the City of Norco’s agreement, there is a cost savings particularly in the first two years of the contract, where Norco's rate of $75 per tree compares favorably to Chino's current rate of $76.90 per tree. The difference in rates results in an annual cost savings of $15,675 for Chino in tree trimming expenses for the initial two years of the contract, based on the average number of trees serviced.

Staff recommends that the City Council award a contract to West C oast Arborists, Inc., Anaheim, CA, for Tree Trimming and Maintenance Services for $999,976 with a five -year term starting Fiscal Year 2024-25 to Fiscal Year 2028-29, subject to City Council Approval.

Attachment: West Coast Arborists, Inc. Agreement

155
CITY COUNCIL MEETING DATE: JUNE 4, 2024
TITLE: AWARD OF CONTRACT - CITYWIDE TREE TRIMMING AND TREE MAINTENANCE SERVICES.

PAGE: 3

156
Project Name/No.: Tree Trimming & Tree Contract No.: ____________ Maintenance Services

Project Manager: PW / Services Approved: ____________

01225.0001/863604.2 (Long Form)

AGREEMENT FOR SERVICES

BETWEEN THE CITY OF CHINO AND
WEST COAST ARBORISTS, INC.

THIS AGREEMENT FOR SERVICES (herein “Agreement”) is made and entered into this 4th day of June, 2024 (“Effective Date”) by and between the City of Chino, a California municipal corporation (“City”) and WEST COAST ARBORISTS, INC. , Anaheim, California (“Contractor”). City and Contractor may be referred to individually as “Party” or collectively as “Parties.”

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

B. Contractor, 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 Contractor for performance of those services defined and described particularly in Article 1 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.

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

ARTICLE 1. SERVICES OF CONTRACTOR

1.1 Scope of Services.

In compliance with all terms and conditions of this Agreement, the Contractor 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, Contractor represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein. Contractor shall at all times faithfully, competently and to the best of its ability, 157
01225.0001/863604.2 2
experience and talent, perform all services described herein. Contractor covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be both of good quality as well as fit for the purpose intended. For purposes of this Agreement, the phrase “highest professional standards ” shall mean those standards of practice recognized by one or more first -class firms performing similar work under similar circumstances.

1.2 Contractor’s Proposal.

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

1.3 Compliance with Law.

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

1.4 California Labor Law.

If the Scope of Services includes any “public work” or “maintenance work,” as those terms are defined in California Labor Code Section 1720 et seq. and California Code of Regulations, Title 8, Section 16000 et seq. , and if the total compensation is $1,000 or more, Contractor 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 and 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 Relations (“DIR”) . Contractor shall post job site notices, as prescribed by regulation.
(b) Prevailing Wages . Contractor shall pay prevailing wages to the extent required by Labor Code Section 1771. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages are on file at City Hall and will be made available to any interested party on request. By initiating any work under this Agreement, Contractor acknowledges receipt of a copy of the DIR determination of the prevailing rate of per diem wages, and Contractor shall post a copy of the same at each job site where work is performed under this Agreement.
(c) Penalty for Failure to Pay Prevailing Wages . Contractor shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to the City, forfeit two hundred dollars ($200) for each 158
01225.0001/863604.2 3
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 Contractor or by any subcontractor. (d) Payroll Records . Contractor shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Contractor and each subcontractor to:
keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform the City of the location of the records. (e) Apprentices. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 , and 1777.7 and California Code of Regulations T itle 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Contractor shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Contractor shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within sixty (60) days after concluding work pursuant to this Agreement, Contractor and each of its subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement. (f) Eight-Hour Work Day . Contractor acknowledges that eight (8) hours labor constitutes a legal day's work. Contractor shall comply with and be bound by Labor Code Section 1810.
(g) Penalties for Excess Hours. Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the City, forfeit twenty -five dollars ($25) for each worker employed in the performance of this Agreement by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code.

Pursuant to Labor Code section 1815, work performed by employees of Contractor in excess of eight (8) hours per day, and forty (40) hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than one and one-half (1½) times the basic rate of pay.
(h) Workers’ Compensation. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees if it has employees. By executing this Agreement, and in accordance with the provisions of California Labor Code Section 1861, Contractor certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”
159
01225.0001/863604.2 4
(i) Contractor’s Responsibility for Subcontractors. For every subcontractor who will perform work under this Agreement, Contractor shall be responsible for such subcontractor's compliance with Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code, and shall make such compliance a requirement in any contract with any subcontractor for work under this Agreement. Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a review of the certified payroll records of the subcontractor on a periodic basis or upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Contractor shall diligently take corrective action to halt or rectify any such failure by any subcontractor.

1.5 Licenses, Permits, Fees and Assessments.

Contractor shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement.

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

1.6 Familiarity with Work.

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

1.7 Software and Computer Services.

If the Scope of Services includes the provision and/or installation of any software, computer system, or other computer technology, Contractor represents and warrants that it has inspected the City’s current infrastructure, equipment, computer system and software and that the software, computer system, or other computer technology provided and/or installed by Contractor under this Agreement is compatible, and shall be fully functional, with such infrastructure, equipment, computer system and software of the City. Contractor acknowledges that the City is relying on the representation by Contractor as a material consideration in entering into this Agreement.

1.8 Care of Work.
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01225.0001/863604.2 5
The Contractor shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City’s own negligence.

1.9 Further Responsibilities of Parties.

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

1.10 Additional Services.

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

1.11 Special Requirements.

Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements ” attached hereto as Exhibit “B” and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit “B” and any other provisions of this Agreement, the provisions of Exhibit “B” shall govern.

ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.

2.1 Contract Sum.

Subject to any limitations set forth in this Agreement, City agrees to pay Contractor the amounts specified in the “Schedule of Compensation ” attached hereto as Exhibit “C” and 161
01225.0001/863604.2 6
incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed Nine Hundred Ninety -Nine Thousand Nine Hundred Seventy-Six Dollars and Zero Cents ($999,976.00) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.10.

2.2 Method of Compensation.

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

2.3 Reimbursable Expenses.

Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Project Manager in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5, and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Contractor 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 Contractor is required to attend additional meetings to facilitate such coordination, Contractor shall not be entitled to any additional compensation for attending said meetings.

2.4 Invoices.

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

All invoices shall be submitted by email to [email protected]. Each invoice is to include:
(a) Line items for all personnel describing the work performed, the number of hours worked, and the hourly rate.
(b) Line items for all materials and equipment properly charged to the Services.
(c) Line items for all other approved reimbursable expenses claimed, with supporting documentation.
(d) Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services. 162
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(e) If this Agreement requires prevailing wages, per Section 1.4 of the Agreement, all invoices shall include a copy of Contractor’s Certified Payroll and proof that Certified Payroll has been submitted to the DIR.

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

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

2.5 Waiver.

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

2.6 Contingency of Funds.

Contractor acknowledges that funding or portions of funding for this Agreement may be contingent upon State budget approval; receipt of funds from, and/or obligation of funds by the State of California to City; or inclusion of sufficient funding for the services hereunder in the budget approved by Chino City Council for each fiscal year covered by this Agreement. If such approval, funding or appropriations are not forthcoming, or are otherwise limited, City may immediately terminate or modify this Agreement without penalty.

ARTICLE 3. PERFORMANCE SCHEDULE

3.1 Time of Essence.

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

3.2 Schedule of Performance.

Contractor shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the “Schedule of Performance ” attached hereto as Exhibit “D” and incorporated herein by this 163
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reference. When requested by the Contractor, 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 Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Contractor shall within ten (10) days of the commencement of such delay notify the Project Manager in writing of the causes of the delay. The Project Manager shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Project Manager such delay is justified. The Project Manager ’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall Contractor be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Contractor ’s sole remedy being extension of the Agreement pursuant to this Section.

3.4 Term.

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

This Agreement may be renewed by a written amendment for up to an additional six (6) year(s) at the option of the City if the City is satisfied with the quality of services performed by Contractor under this Agreement.

ARTICLE 4. COORDINATION OF WORK

4.1 Representatives and Personnel of Contractor.

The following principals of Contractor ( “Principals”) are hereby designated as being the principals and representatives of Contractor 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. 164
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Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder. All personnel of Contractor, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the foregoing Principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City. Additionally, Contractor shall utilize only competent personnel to perform services pursuant to this Agreement. Contractor shall make every reasonable effort to maintain the stability and continuity of Contractor’s staff and subcontractors, if any, assigned to perform the services required under this Agreement.

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

4.2 Status of Contractor.

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

4.3 Project Manager.

The Project Manager shall be the Public Works Services Manager or any other person as may be designated by the Project Manager. It shall be the Contractor’s responsibility to assure that the Project Manager is kept informed of the progress of the performance of the services and the Contractor 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 Contractor.

Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Contractor’s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Contractor shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed 165
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to be a partner of Contractor in its business or otherwise or a joint venturer or a member of any joint enterprise with Contractor.

4.5 Prohibition Against Subcontracting or Assignment.

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

ARTICLE 5. INSURANCE AND INDEMNIFICATION

5.1 Insurance Coverages.

Without limiting Contractor’s indemnification of City, and prior to commencement of any services under this Agreement, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City.
(a) General liability insurance . Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $ 1,000,000 per occurrence, $ 2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
(b) Automobile liability insurance . Contractor 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 Contractor arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non - owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
(c) Professional liability (errors & omissions) insurance . Contractor shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Contractor agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement. 166
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(d) Workers’ compensation insurance . Contractor shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).
(e) Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein.
(f) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”.

5.2 General Insurance Requirements.
(a) Proof of insurance . Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
(b) Duration of coverage . Contractor shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Contractor, its agents, representatives, employees or subcontractors. (c) Primary/noncontributing. Coverage provided by Contractor shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non - contributory basis for the benefit of City before the City’s own insurance or self -insurance shall be called upon to protect it as a named insured.
(d) City’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Contractor or City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City may cancel this Agreement. (e) Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or that is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.
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(f) Waiver of subrogation . All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors.
(g) Enforcement of contract p rovisions (non -estoppel). Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non -compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
(h) Requirements not limiting . Requirements of specific coverage features or limits contained in this section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. (i) Notice of cancellation . Contractor agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
(j) Additional insured status . General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
(k) Prohibition of undisclosed coverage limitations . None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (l) Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (m) Pass through clause . Contractor agrees to ensure that its subcon tractors, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage and endorsements required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements 168
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of this section. Contractor agrees that upon request, all agreements with contractors, 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 Contractor ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City and Contractor may renegotiate Contractor’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 . Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(q) Additional insurance . Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.

5.3 Indemnification.

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

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

ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION

6.1 Records.

Contractor shall keep, and require subcontractors to keep, such ledgers , books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (the “books and records ”), as shall be necessary to perform the services required by this Agreement and enable the Project Manager to evaluate the performance of such services. Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Project Manager shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. In the event of dissolution of Contractor’s business, custody of the books and records may be given to City, and access shall be provided by Contractor’s successor in interest. Notwithstanding the above, the Contractor 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.

Contractor shall periodically prepare and submit to the Project Manager such reports concerning the performance of the services required by this Agreement as the Project Manager shall require. Contractor 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, Contractor 170
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agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Contractor is providing design services, the cost of the project being designed, Contractor shall promptly notify the Project Manager of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Contractor is providing design services, the estimated increased or decreased cost estimate for the project being designed.

6.3 Ownership of Documents.

All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “documents and materials”) prepared by Contractor, 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 Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Contractor will be at the City’s sole risk and without liability to Contractor, and Contractor’s guarantee and warranties shall not extend to such use, re use or assignment . Contractor may retain copies of such documents for its own use. Contractor shall have the right to use the concepts embodied therein.

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

6.4 Confidentiality and Release of Information.
(a) All information gained or work product produced by Contractor in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Contractor. Contractor shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Project Manager.
(b) Contractor, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Project Manager or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Contractor gives City notice of such court order or subpoena. (c) If Contractor, or any officer, employee, agent or subcontractor of Contractor, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Contractor for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Contractor’s conduct. 171
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(d) Contractor shall promptly notify City should Contractor, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admiss ions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under. City retains the right, but has no obligation, to represent Contractor or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION

7.1 California Law.

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

7.2 Disputes; Default.

In the event that Contractor is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Contractor for any work performed after the date of default. Instead, the City may give notice to Contractor of the default and the reasons for the default. The notice shall include the timeframe in which Contractor 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 Contractor 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 Contractor does not cure the default, the City may take necessary steps to terminate this Agreement under this Article. Any failure on the part of the City to give notice of the Contractor’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.

7.3 Retention of Funds.

Contractor hereby authorizes City to deduct from any amount payable to Contractor (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Contractor’s acts or omissions in performing or failing to perform Contractor’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 Contractor, or any indebtedness shall exist which shall appear 172
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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 obligations of the Contractor to insure, indemnify, and protect City as elsewhere provided herein.

7.4 Waiver.

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

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

7.5 Rights and Remedies are Cumulative.

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

7.6 Legal Action.

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

7.7 Liquidated Damages.

Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Contractor and its sureties shall be liable for and shall pay to the City the sum of One Hundred Dollars and Zero Cents ($100.00) 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 Contractor any accrued liquidated damages.

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

7.9 Termination for Default of Contractor.

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

7.10 Attorneys’ Fees.

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

ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

8.1 Non-liability of City Officers and Employees.

No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which 174
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may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement.

8.2 Conflict of Interest.

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

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

8.3 Covenant Against Discrimination.

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

8.4 Unauthorized Aliens.

Contractor hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C. § 1101 et seq. , as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Contractor so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Contractor 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.
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01225.0001/863604.2 20
Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first -class mail, in the case of the City, to the City Manager and to the attention of the Project Manager (with her/his name and City title), City of Chino, 13220 Central Avenue, Chino, California 91710 and in the case of the Contractor, to the person(s) at the address designated on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy -two (72) hours from the time of mailing if mailed as provided in this Section.

9.2 Interpretation.

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

9.3 Counterparts.

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

9.4 Integration; Amendment.

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

9.5 Severability.

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

9.6 Warranty & Representation of Non-Collusion.

No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of 176
01225.0001/863604.2 21
any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of “financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5 . Contractor warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement.

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

Contractor’s Authorized Initials _______

9.7 Corporate Authority.

The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) 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, P.E., Director of Public Works

CONTRACTOR:

WEST COAST ARBORISTS, INC.:

By:

Name: Patrick Mahoney
Title: President
By:

Name: Richard Mahoney
Title: Secretary
Address:2200 E. Via Burton
Anaheim, CA 92806
Two corporate officer signatures required when C ontractor 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. 178

01225.0001/863604.2 A-1
EXHIBIT “A”

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

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

179
EXHIBIT “A-1”
01225.0001/863604.2 A-2 180
01225.0001/863604.2 A-3 181
01225.0001/863604.2 A-4 182

01225.0001/863604.2 B-1
EXHIBIT “B”

SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)

183

01225.0001/863604.2 C-1
EXHIBIT “C”

SCHEDULE OF COMPENSATION
I. Contractor 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 approval of the Project Manager, funds may be shifted from one Task subbudget to another so long as the Contract Sum is not exceeded per Section 2.1, unless Additional Services are approved per Section 1.10.

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

IV. The total compensation for the Services shall not exceed the Contract Sum, as provided in Section 2.1 of this Agreement.
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City of Chino
Proposed Rates for Tree Maintenance ServicesF
Y24-25FY25-26 FY26-27 FY27-28 FY28-29
Unit Proposed Unit Unit Unit Unit
Item Description Measure Rates Rates Rates Rates Rates
1 Grid Tree Pruning Each 75.00$ 75.00 $ 80.00 $ 85.00 $ 90.00 $ 2 Clearance Tree Pruning Each 65.00$ 65.00 $ 67.00 $ 69.00 $ 71.00 $ 3 Service Request Tree Pruning 0-12" DBH Each 75.00$ 75.00 $ 80.00 $ 85.00 $ 90.00 $ 4 Service Request Tree Pruning 13-24" DBH Each 125.00$ 125.00 $ 132.00 $ 140.00 $ 150.00 $ 5 Service Request Tree Pruning 25-36" DBH Each 225.00$ 225.00 $ 235.00 $ 245.00 $ 255.00 $ 6 Service Request Tree Pruning 37" & over DBH Each 275.00$ 275.00 $ 285.00 $ 295.00 $ 300.00 $ 8 Coco/King Palm Pruning Each $ 70.00 70.00$ 72.00 $ 74.00 $ 76.00 $ 9 Washingtonia Robusta Pruning Each $ 80.00 80.00$ 80.00 $ 85.00 $ 90.00 $ 10 Date Palm Pruning Each $ 275.00 275.00$ 283.00 $ 290.00 $ 298.00 $ 11 Palm Tree Skinning Linear Foot $ 34.00 34.00$ 35.00 $ 36.00 $ 37.00 $ At the direction of CITY, pruning will be done per pre-designed districts along street segments, grids, or prune routes on a set cycle to include trees of various sizes. Pruning consists of tree canopy raising over roadways, sidewalks, and in park locations; work to include selective tree thinning, crown cleaning and structurally pruning the tree canopy; and for immature trees, re- staking and/or retying, as needed. In addition pruning includes removing dead, broken, damaged, loose, diseased or insect infested limbs, branches, and stubs. Small limbs, including suckers and waterspouts shall be cut close to the trunk or branch from which they arise. At a minimum, tree shall be pruned to provide a minimum clearance of fourteen (14) feet over the roadway and seven (7) feet over walkways. Trees shall be pruned to remove any obstruction around traffic control devices, traffic signs, and streetlights. Pruning shall be performed in accordance with the standards set forth by the International Soc iety of Arboriculture Pruning Standards (Best Management Practices) and the ANSI A300 Standards.

At the direction of CITY, pruning will be done per pre-designed districts along street segments, grids, or prune routes on a set cycle to include trees of various sizes. Pruning consists of tree canopy raising over roadways, sidewalks, and in park locations.

At a minimum, tree shall be pruned to provide a minimum clearance of fourteen (14) feet over the roadway and seven (7) feet over walkways. Trees can be pruned to remove any obstruction around traffic control devises, traffic signs, and streetlights.

Pruning shall be performed in accordance with the standards set forth by the International Society of Arboriculture Pruning Standards (Best Management Practices) and the ANSI A300 Standards.

At the request of the City, trees will be assigned for pruning outside of their set cycle for various reasons. Pruning may consist of tree canopy raising over roadways, sidewalks, and in park locations; thinning, reducing, restoring and structurally pruning the tree canopy in width and height reduction; and for immature trees, re-staking and/or retying, as needed. In addition pruning includes removing all dead, broken, damaged, loose, diseased or insect infested limbs, branches, and stubs shall be removed.

Small limbs, including suckers and waterspouts shall be cut close to the trunk or branch from which they arise. At a minimum, tree shall be pruned to provide a minimum clearance of fourteen (14) feet over the roadway and seven (7) feet over walkways.

Trees shall be pruned to remove any obstruction around traffic control devises, traffic signs, and streetlights. Pruning shall be performed in accordance with the standards set forth by the International Society of Arboriculture Pruning Standards (Best Management Practices) and the ANSI A300 Standards.

Pruning shall be performed in accordance with the standards set forth by the International Society of Arboriculture Pruning Standards (Best Management Practices) and the ANSI A300 Standards. The trimming shall provide a symmetrical shape and aesthetically pleasing appearance typical of the species.Standard palm tree pruning will fall under this category and will include the removal of dead and declining fronds & seed pods. Excludes skinning.

EXHIBIT “C-1”
C-2
185
FY
24-25 FY25-26 FY26-27 FY27-28 FY28-29
Unit Proposed Unit Unit Unit Unit
Item Description Measure Rates Rates Rates Rates Rates
12 Tree and Stump Removal (regardless of size) Dia. Inch 48.00$ 48.00 $ 49.00 $ 50.00 $ 51.00 $ 13 Tree Only Removal (regardless of size) Dia. Inch 30.00$ 30.00 $ 30.50 $ 31.00 $ 31.50 $ 14 Stump Only Removal (regardless of size) Dia. Inch 18.00$ 18.00 $ 18.50 $ 19.00 $ 19.50 $ 15 Root Prune trees (typical 10 foot length) Linear Foot 24.00$ 24.00 $ 25.00 $ 26.00 $ 27.00 $ 16 Plant 15-gallon tree Each 200.00$ 200.00 $ 206.00 $ 212.00 $ 218.00 $ 17 Plant 15-gallon tree with Root Barrier Each 225.00$ 225.00 $ 232.00 $ 239.00 $ 246.00 $ 18 Plant 24" box tree Each 400.00$ 400.00 $ 412.00 $ 424.00 $ 436.00 $ 19 Plant 24" box tree with Root Barrier Each 425.00$ 425.00 $ 438.00 $ 450.00 $ 462.00 $ 20 Plant 36" box tree Each 1,295.00$ 1,295.00 $ 1,333.00 $ 1,350.00 $ 1,375.00 $ 21 Tree Watering Day 855.00$ 855.00 $ 880.65 $ 900.00 $ 918.00 $ 22 Crew Rental Man Hour 95.00$ 95.00 $ 97.85 $ 100.00 $ 102.00 $ 23 Specialty Equipment (i.e., Crane, 95-ft Aerial Tower) Hour 150.00$ 150.00 $ 155.00 $ 160.00 $ 165.00 $ 24 Emergency Response (Reg. Business Hours, Mon-Fri) Man Hour 110.00$ 110.00 $ 113.00 $ 116.00 $ 119.00 $ 25 Emergency Response (Evening, weekend, Holidays) Man Hour 125.00$ 125.00 $ 128.00 $ 131.00 $ 135.00 $ 26 Certified Arborist Services Hour 170.00$ 170.00 $ 175.00 $ 180.00 $ 185.00 $ Tree planting includes the tree, stakes, ties, labor and initial watering at time of installation as directed by City staff. P lanting lists should be compiled by the Inspector and submitted monthly or as needed.

At the direction of the City, watering is performed by a one-man crew with a water truck who will water various tree routes including newly planted trees, landscape median and young trees that are three (3) years old and younger. Watering may also be performed on an as-needed basis.

The crew and equipment can be modified to complete any type of miscellaneous tasks including special projects that may consist of extraordinary work as directed by City staff. The use of crew rental may be warranted due to inaccessibility by equipment, in park locations, slope settings, or non-linear tree pruning.

On occasion the use of a crane or 95-foot aerial tower is necessary to safely operate the assigned tree operation. These prices of quipment include the operator.

The Contractor shall be required to provide emergency on call response for damaged trees due to storms or other reasons.

Emergency calls may occur at any given time. The Contractor will be provided with locations and the work to be done at each location via telephone from a City authorized representative. Emergency work shall begin within 90 minutes of the initial telephone call.

On occasion, the City requires tree evaluations including written reports. The Contractor shall provide an hourly rate for a Certified Arborist that can respond to the City’s request(s) for the preparation of detailed arborist reports, tree risk assessment reports tree evaluations and site inspections. Reporting can be generated on as little as one tree to an entire urban forest population and is handled on a case-by-case basis. The rate will be applied should the City request a Certified Arborist on-site.

At the direction of City staff, roots shall be pruned adjacent to the edge of the sidewalk, curb and gutter or other improvements.

Root pruning cuts shall be performed using root pruning equipment specifically designed for this purpose with cutting teeth sharpened adequately to sever roots in a clean manner. Root pruning cuts adjacent to the sidewalk and curb shall be four (4) inches wide and twelve (12) inches deep and a minimum of five (5) feet in each direction from the centerline of the tree.

After CITY determines that a tree requires removal, CITY will prepare a list of trees to be removed, notifies homeowners, and submits lists to Contractor. CITY is responsible for marking trees so that they are easily identifiable by Underground Service Alert and the Contractor. Contractor calls Underground Service Alert (USA) and prepares internal work order. Crew removes tree and hauls all debris. Crew grinds stumps to a depth of approximately eighteen (18”) inches. All holes will be backfilled with a combination of native soil and minimal stump grindings and compacted to avoid settlement.C- 3 186
F
Y24-25 FY25-26 FY26-27 FY27-28 FY28-29
Unit Proposed Unit Unit Unit Unit
Item Description Measure Rates Rates Rates Rates Rates
27 GPS Tree Inventory Tree Site 4.00$ 4.00 $ 4.50 $ 5.00 $ 5.50 $ 28 Plant Health Care
a. Tree Canopy Spraying from ground level 7.00$ 7.00$ 7.25 $ 7.50 $ 7.75 $ b. Tree Canopy Spraying from aerial tower 7.00$ 7.00$ 7.25 $ 7.50 $ 7.75 $ Description: Foliar hydraulic spraying of recommended material.) c. Insecticide or Fungicide Trunk Banding 8.00$ 8.00$ 8.25 $ 8.50 $ 8.75 $ Description: Trunk spray of recommended material.
d. PGR Trunk Banding 7.00$ 7.00$ 7.25 $ 7.50 $ 7.75 $ Description: Trunk spray of recommended material to regulate plant growth. e. Insecticide or PGR Soil Application (Cambistat) 7.00$ 7.00$ 7.25 $ 7.50 $ 7.75 $ Description: Recommended insecticide soil injection or drench material to regulate plant growth. f. Insecticide or Fungicide Soil Application 7.00$ 7.00$ 7.25 $ 7.50 $ 7.75 $ Description: Soil applied drench of recommended material. g. Soil Injection Fertilization 8.00$ 8.00$ 8.25 $ 8.50 $ 8.75 $ Description: Soil applied injection of recommended material. h. Soil Drenching Fertilization 8.00$ 8.00$ 8.25 $ 8.50 $ 8.75 $ Description: Soil application of recommended material.
i. Trunk Injection (Insecticide/Miticide) 9.00$ 9.00$ 9.25 $ 9.50 $ 9.75 $ Description: Trunk injected recommended material.
j. Trunk Injection (Fungicide) 9.00$ 9.00$ 9.25 $ 9.50 $ 9.75 $ Description: Trunk injected recommended material.
k. Trunk Injection (Insecticide & Fungicide Combo) 10.00$ 10.00$ 10.25 $ 10.50 $ 10.75 $ Description: Combination of one-time trunk injection of two recommended materials. l. Avermectin Class Insecticide Injection 11.00$ 11.00$ 11.25 $ 11.50 $ 11.75 $ Description: Recommended trunk injection of Emamectin benzoate active ingredient.

COOPERATIVE PURCHASE
per diameter inch
per diameter inch
per diameter inch
It is intended that any other public agency (e.g., city, county district, public authority, public agency, municipality, and other political subdivision or public corporation) shall have the option to participate in any award made as a result of this solicitation at the same prices. The City shall incu r no financial responsibility in connection with any purchase by another public agency. The public agency shall accept sole responsibility for placing orders and making payments to the vendor. per diameter inch
per diameter inch
per diameter inch
per diameter inch
per diameter inch
per diameter inch
per diameter inch
At the City’s direction, contractor will provide the City with a Global Positioning System (GPS) tree inventory collected by an ISA Certified Arborist including coordinates for all trees in public spaces. This includes, but is not limited to, all publicly owned trees on street rights-of-way, parks, City facilities and open spaces such as medians, greenscapes, etc. The address information contained in inventory should be linked directly to a Geographical Information System (GIS) program, such as ArcView. The inventory collector will identify the trees by their global coordinates of longitude and latitude.

See below
At the direction of the City, the Contractor will provide plant health care services including but not limited to the following:
spraying, injecting, soil drenching as necessary to reduce a potentially harmful pest. This is done to maintain or improve the selected tree’s appearance, vitality, and safety, using the most cost-effective and environmentally sensitive practices and treatments available. Plant Health Care involves routine monitoring and preventive treatments. All pesticide recommendations are to be made by an in-house Pest Control Advisor in accordance with the Department of Pesticide Regulations. per diameter inch
per diameter inchC-
4 187

01225.0001/863604.2 D-1
EXHIBIT “D”

SCHEDULE OF PERFORMANCE
I. Contractor shall perform all services and deliver all work products timely in accordance with the schedule attached hereto as Exhibit “D-1”. *Finalized deadline dates will be contingent upon actualized and assigned project schedules, which shall be approved by the Project Managers. Con tractor will coordinate with City and Project staff to ensure timely completion of services and adherence to approved task schedules.

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

188