Agenda packet — Chino City Council, September 3, 2024 (part 1 of 2)

Those persons wishing to speak on any item included on the agenda, or on any matter within the subject matter jurisdiction of the City Council, are invited fill out and submit to the City Clerk a “Request to Speak” form (name and address optional) which is available at the entrance to the City Council Chambers. Additionally, members of the public may submit electronic public comments to CityClerk@cityofchino .org no later than 4:00 p.m. on the day of the meeting. In your email, please include the meeting date, agenda item you are commenting on, and your comment. All comments received by the deadline will be forwarded to the City Council for consideration before action is taken on the matter and will be entered into the record for the meeting specified in email received.

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, SEPTEMBER 3, 2024

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

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

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

CLOSED SESSION

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

FLAG SALUTE
1 CHINO CITY COUNCIL
SEPTEMBER 3, 2024 2

CEREMONIALS
Proclamations & Presentations
Congressional Medal Award Recognition. Recognition of Chino High School Student Eric Kim Recipient of a Congressional Medal Award.

National Childhood Obesity Awareness Month. Proclaim September 2024 as National Childhood Obesity Awareness Month.

Suicide Prevention Awareness Month. Proclaim September 2024 as Suicide Prevention Awareness Month.

City of Chino Go Skateboarding Day. Recognition of the competition winner at Go Skateboarding Day.

Business of the Month. Award of Business of the Month for September 2024 to The Doodle, Bar & Grill.

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

REPORT OUT OF CLOSED SESSION

AGENDA ADDITIONS/REVISIONS

INFORMATION
External Agency Report. Receive and file the External Agency Report for September 3, 2024 (Covering Meetings from June 1 - June 30, 2024)

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 771587 to 772098, and Electronic Fund Transfers 519651E to 519872E, totaling $17,893,175.05.

2. Minutes. a) Regular Meeting Minutes for July 16, 2024 and b) Special Meeting July 30, 2024 (All Members Present).
2 CHINO CITY COUNCIL
SEPTEMBER 3, 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. Designation of League of California Cities Voting Delegates. Designate Mayor Pro Tem Comstock as the Voting Delegate, Council Member Burton as the 2nd Voting Delegate, and Council Member Lucio as the 3rd Voting Delegate for the 2024 League of California Cities Annual Conference and Expo.

5. Season’s Senior Villas Request for Estoppel Certificate, Consent to Assignment and Term Extension. Approve request by owner of Season’s Senior Villas apartment complex for estoppel certificate and consent to assign makeup of ownership and reject request for term extension.

6. Amendment to Professional Services Agreement with Aleshire & Wynder, LLP. Adopt Resolution No. 2024-042 and approve a third amendment to the City of Chino's agreement with Aleshire & Wynder, LLP adding hourly rates for services specific to Watermaster legal services and amending personnel assignment guidelines.

7. Contract Approval - Human Services Programs for Residents of Chino Hills. Approve a contract effective retroactive to July 1, 2024, in the amount of $306,788, for the provision of Human Services programs for residents of Chino Hills for FY 2024 -25 and increase the Community Services revenue budget by $118,139.

8. Master Contracts - Chino Valley Unified School District. Approve Master Contracts with the Chino Valley Unified School District effective retroactive to July 1, 2024 for the provision of Community Services programs for Fiscal Year 2024-25.

9. Vendor Cap Increase - New Tangram, LLC. Approve a vendor cap increase with New Tangram, LLC in the amount of $200,000 for a total not -to-exceed amount of $250,000 for design services, purchase and/or installation of furniture, and reconfiguring existing workstations at City-owned facilities.

10. Award of Public Works Contract to Major League Infields, Inc., Fullerton, CA for Ball Field Maintenance Services. Award a contract for ball field maintenance services at Ayala, Heritage, Mountain View, and Villa Parks in the amount of $67,808 for annual routine maintenance and $32,192 for unanticipated work for a not-to-exceed amount of $100,000.

11. Vendor Cap Increase - Lincoln Financial Group. Authorize a retroactive increase to the vendor cap with Lincoln Financial Group for Disability Insurance and Leave Management Services in the amount of $76,000.

12. Law Enforcement Services Agreement - Chino Valley Unified School District (CVUSD) for School Resource Officers. Approve an agreement with CVUSD effective retroactive to July 1, 2024 for five (5) full-time School Resource Officers assigned to Chino High School, Don Lugo High School, and Buena Vista, the Junior High schools, a D.A.R.E. officer, and one (1) Sergeant.

13. Professional Services Agreement - Transtech Engineers, Inc. Award a Professional Services Agreement to Transtech Engineers, Inc., Chino, CA, for $350,025 for Project Management Services for the State Street Water Treatment Plant Project (WA212) and the Well 17 Equipping Project (WA214).
3 CHINO CITY COUNCIL
SEPTEMBER 3, 2024 4

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

14. Appeal of PL24 -0018 (Administrative Approval). Appeal for approval of the installation of an exterior back-up generator for O'Reilly's Auto Parts located in the CG (Commercial General) zoning district in the Big Lots commercial center at 12516 Central Avenue (APN 1015-371-02).

Staff Report By: Andrea Gilbert, City Planner
RECOMMENDATION: Adopt Resolution 2024 -041, denying the appeal and thereby upholding the approval of PL24 -0018 (Administrative Approval), based upon the findings and subject to the departmental conditions of approval.

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

15. Community Support Fund - Mayor Ulloa. Approve community support fund $500 contribution to American Cancer Society for the Making Strides Against Breast Cancer fundraiser.

Staff Report By: Mayor Eunice M. Ulloa
RECOMMENDATION: Approve community support fund contribution of $500 to the American Cancer Society Making Strides Against Breast Cancer Fundraiser.

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
Director's Report
Fire Chief's Report

ADJOURN
The next Regular Meeting of the City Council will be held on Tuesday, September 17, 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, August 29, 2024 this agenda was posted on the south window of Chino City Hall and this agenda together with all of the 4 CHINO CITY COUNCIL
SEPTEMBER 3, 2024 5
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.
5 MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: SEPTEMBER 3, 2024

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

SUBJECT
..titl e
Congressional Medal Award Recognition.
..end
..body

6 MEMORANDUM

CITY OF CHINO

COMMUNITY SERVICES, PARKS & RECREATION DEPARTMENT

CITY COUNCIL MEETING DATE: SEPTEMBER 3, 2024

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

RECREATION

SUBJECT
..titl e
Proclaim September 2024, as National Childhood Obesity Awareness Month. ..end
..body

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

7 8

MEMORANDUM

CITY OF CHINO

COMMUNITY SERVICES, PARKS & RECREATION DEPARTMENT

CITY COUNCIL MEETING DATE: SEPTEMBER 3, 2024

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

RECREATION

SUBJECT
..titl e
Proclaim September 2024, as Suicide Prevention Awareness Month. ..end
..body

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

9 10

MEMORANDUM

CITY OF CHINO

COMMUNITY SERVICES, PARKS & RECREATION DEPARTMENT

CITY COUNCIL MEETING DATE: SEPTEMBER 3, 2024

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

RECREATION

SUBJECT
..titl e
City of Chino Go Skateboarding Day.
..end
..body

11 MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: SEPTEMBER 3, 2024

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

SUBJECT
..titl e
Business of the Month.
..end
..body

12 MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: SEPTEMBER 3, 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.
..end
..body

13 MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: SEPTEMBER 3, 2024

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

SUBJECT
..titl e
External Agency Report.
..end
..body

RECOMMENDATION
..titl e
Receive and file the External Agency Report for September 3, 2024 (Covering Meetings from June 1 - June 30, 2024)

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

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

ISSUES/ANALYSIS
The attached Monthly Agency Report for September 3, 2024 summarizes recent discussions and actions during external meetings attended by City Council Members . It focuses on items that may impact or be of interest to the City of Chino, its residents, and its businesses. The September 3, 2024 report covers meetings that occurred from June 1, 2024, to June 30, 2024.

14 CITY OF CHINO

MONTHLY AGENCY REPORTS
SEPTEMBER 3, 2024 - Covering meetings from June 1 through June 30, 2024 Members of the Chino City Council are assigned to represent the City on several external agencies, committees, boards, and task forces. This report summarizes the actions and discussions of those entities as they may impact or be of interest to the City of Chino, its businesses, and its residents.

CHAFFEY COLLEGE CHINO COMMUNITY CENTER OVERSIGHT COMMITTEE Council Representative: Marc Lucio | Staff Report By: Silvia Avalos Meeting Date: June 20, 2024
Financial Statement Update – Update on Balance Sheet and Income Statement through March 31, 2024. Total capital is at $263,517, and total profit year-to-date is $43,130. 2024-2 025 Meeting Schedule – A revised schedule will be presented at the next meeting.

Use of Community Center Kitchen by Caterers – The committee discussed a request that was sent to Linda Reich, Chino City Manager, by a caterer, asking if the community center kitchen may be used by caterers to prepare food. Margaret Fernandez, Chino Campus Dean, explained that in the past, equipment had been damaged and was then unavailable for use by instructional classes. Furthermore, it is industry standard for the kitchen to be used only for staging, and not for preparation of food. Committee members agreed to continue the practice of allowing the use of the kitchen for staging only and not allow equipment to be used by caterers for food preparation.

Next anticipated meeting date: September 19, 2024
Chino Valley Chamber of Commerce
Council Representative: Christopher Flores | Staff Report By: Ellyse Martinez Meeting Date: June 17, 2024
• On Friday, June 14, the Chamber hosted a Roundtable with Senator Susan Rubio. Council Member Flores was in attendance.
• On Saturday, June 22 , All-American Express Carwash hosted their 5 -year anniversary Customer Appreciation event. Council Member Flores and Ellyse Martinez attended on behalf of the City.

Next anticipated meeting date: July 15, 2024

CHINO BASIN DESALTER AUTHORITY
Council Representative: Eunice Ulloa | Staff Report By: D ave Crosley Meeting Date: June 6, 2024
The Chino Basin Desalter Authority (CDA) Board of Directors approved a revised Reserve Policy for FY 2024/25 (increasing the total amount of reserve from $12.65M to $15.73M) and several contracts necessary for uninterrupted operations with the July 1, 2024 start of FY 2024/25, including:
15 MONTHLY AGENCY REPORTS – SEPTEMBER 3, 2024 (Covering Meetings from 6/1/24 – 6/30/24) PAGE 2

• Aquasystec for Supervisory Control and Data Acquisition (SCADA) programming and maintenance for the Chino II Desalter.
• Carollo Engineers, Inc. for on-call support for concentrate reduction facility operations. • Hazen & Sawyer for on-call engineering support services. • Frazenburg LLC for centrifuge maintenance and repair. • Synagro-WWT, Inc. For transport and disposal of clarifier solids.

Additionally, the CDA Board approved an amendment to an existing des ign contract with Carollo Engineers to rehabilitate chemical rooms located at the Chino I Desalter.

Next anticipated meeting date: July 11, 2024

CHINO BASIN WATERMASTER
Council Representative: Eunice Ulloa | Staff Report By: Dave Crosley Meeting Date: June 27, 2024
The Chino Basin Watermaster Board of Directors approved a new renegotiated contract with its engineer, West Yost Associ ates, Inc., establishing professional service rates/escalators for the next five years. T he contract provides that work assignments shall be authorized by separate task orders.

Next anticipated meeting date: August 22, 2024
CHINO VALLEY INDEPENDENT FIRE DISTRICT Liaison to Board of Directors Council Representative: Karen Comstock | Staff Report By: Linda Reich Meeting Date: June 12, 2024 - Regular Meeting
• The Board discussed the performance evaluation of Legal Counsel during closed session. • They heard a presentation on drones. Then, employee service awards for various years of service were presented, followed by several retirement recognitions. • Resolution No. 2024-10 adopting the FY 2024-25 Budget was approved unanimously. • Chino Mayor Pro Tem Karen Comstock reported on numerous community events during the Liaison Reports to the Fire District and provided an update on the California Institution for Men. • The Board approved Resolution 2024-11, the FY 2024-25 agreement with CalFire. • Staff reported on Board activities and participation at various events in Chino, including the State of the City and the Memorial Date Tribute.
• The following calls were reported for the month of June 2024: 1,138 EMS: 976; FIRE: 40; Other: 122. 16 MONTHLY AGENCY REPORTS – SEPTEMBER 3, 2024 (Covering Meetings from 6/1/24 – 6/30/24) PAGE 3

Meeting Date: June 26, 2024 - Special Meeting
The Board of Directors adopted Resolution No. 2024 -13 calling for and consolidating the General District Election with the Statewide Election to be held on November 5, 2024 for the election of members of the Board of Directors from Divisions 1, 2, and 4 as required by the provisions of the laws of the State of California.

Next anticipated meeting date: July 10, 2024

CHINO VALLEY UNIFIED SCHOOL DISTRICT
Council Representative: Curtis Burton | Staff Report By: Vivian Castro Meeting Date: June 6, 2024
• Resolution 2023/2024- 60, Opposing the Biden Administration's Title IX Overhaul - Moved (Na) seconded (Monroe) motioned carried (4 -1, Bridge voted no) to adopt Resolution 2023/2024- 60, Opposing the Biden Administration's Title IX overhaul and subsequent elimination of vital protection for women and girls.
• R
esolution 2023/2024- 64, Opposing the Governor's 2024/2025 May Revise Budget for Violating the State Constitution and Reducing School Funding - Moved (Na) seconded (Cruz) motioned carried unanimously (5 -0) to adopt Resolution 2023/2024- 64, opposing the Governor's 2024/2025 May Revise Budget for violating the State Constitution and reducing school funding. • P ublic Hearing Regarding the 2024/2025 Budget - President Shaw opened the public hearing regarding the 2024/2025 budget at 7:20 p.m. There were no speakers, and the hearing was closed at 7:20 p.m. • P ublic Hearing Regarding the Local Control and Accountability Plan – President Shaw opened the public hearing regarding the Local Control and Accountability Plan at 7:21 p.m. There were no speakers, and the hearing was closed at 7:21 p.m.

Meeting Date: June 20, 2024
• President Shaw presented an award to Superintendent Enfield recognizing that Chino Valley Unified School District was voted by the readers of the Daily Bulletin as Inland Valley's Favorite School District. • During the “Comments from the Audience on Items Not on the Agenda” section, Chino Mayor Eunice Ulloa discussed several City events.
• Resolution 2023/2024- 68 - Moved (Na) seconded (Bridge) motioned carried unanimously (5 -0) to adopt Resolution 2023/2024 -68, Order of Election and Specifications of the Election Order in the Chino Valley Unified School District of San Bernardino County, California; Resolution Ordering School District Election for Governing Board Members Whose Terms Expire December 13, 2024. • A
doption of the 2024/2025 Budget - Moved (Na) seconded (Cruz) motioned carried unanimously (5 - 0) to adopt the 2024/2025 budget for all funds and authorize the Superintendent or designee to sign the 2024/2025 District Certification of Budget Adoption. • 2
024/2025 Local Control and Accountability Plan - Moved (Na) seconded (Cruz) motioned carried unanimously (5-0) to adopt the 2024/2025 Local Control and Accountability Plan. 17 MONTHLY AGENCY REPORTS – SEPTEMBER 3, 2024 (Covering Meetings from 6/1/24 – 6/30/24) PAGE 4

• Amended Facilities Memorandum of Understanding by and Between Chino Valley Unified School District and Allegiance STEAM Academy - Thrive, 2024/2025 - Moved (Na) seconded (Cruz) motioned carried unanimously (5-0) to approve the Amended Facilities MOU.

Next anticipated meeting date: July 18, 2024
CHINO VALLEY UNIFIED SCHOOL DISTRICT – Measure G Oversight Committee Council Representative: Karen Comstock | Staff Report By: Silvia Avalos Meeting Date: June 2024
No meeting during this reporting period.

Next anticipated meeting date: September 4, 2024
CITIZEN’S COMMITTEE FOR CIM & CIW
Council Representative: Marc Lucio | Staff Report By: Ted Olden Meeting Date: June 11, 2024
• The current inmate count at CIM is 2,273, with 46 of those being condemned inmates. • Issues discussed included the continued construction of the 50-bed mental health facility, a facility-wide roofing repair project, and an HVAC project on Facility A, which is scheduled to be completed in February 2025. The Business and Finance Bachelor’s Program through Cal State LA will begin in 2025.

Finally, an inmate fundraiser generated $5,368 for the Wounded Warrior Project, while the Community Resource office donated $2,241 to the Cal State San Bernardino Veteran’s Center. • The current count at CIW is 1,236. The facility host ed a Juneteenth Ice Cream Event on 6/19 , a July 4 BBQ event for the population, a Transcendence Workshop on 7/22 -7/29, and a Bill Glass – Behind the Wall event on 8/10.

Next anticipated meeting date: August 13, 2024

INLAND EMPIRE UTILITIES AGENCY REGIONAL SEWERAGE PROGRAM Council Representative: Eunice Ulloa | Staff Report by: Dave Crosley Meeting Date: June 6, 2024
The Regional Sewerage Program Policy Committee supported forwarding two significant bus iness items to the Inland Empire Utilities Agency (IEUA) Board of Directors:
• FY 2024/25 Regional Wastewater Mid- Year Budget - T he proposed FY 2024/25 budget is $264.6M.

There are no changes to the B oard’s April 19, 2023, adopted Wastewater Connection Fee ($8,620/equivalent dwelling unit) or Monthly Sewer Service Rate ($24.79/equivalent dwelling unit). 18 MONTHLY AGENCY REPORTS – SEPTEMBER 3, 2024 (Covering Meetings from 6/1/24 – 6/30/24) PAGE 5

• Ten-Year Sewer Capital Forecast - The $1.028.9B ten-year forecast for FY 2024/25 through FY 2033/34 considers continued operational efficiency, aging infrastructure rehabilitation/repl acement, increasingly stringent environmental regulations, and service area growth. The forecast serves as a guide for planning anticipated capital funding needs.

Next anticipated meeting date: August 1, 2024
LEAGUE OF CALIFORNIA CITIES – I nland Empire Division
Council Representative: Curtis Burton | Staff Report by: Jackie Melendez Meeting Date: June 13, 2024
The League of Cities Inland Empire Division held a meeting hosted by the City of Chino at Chino PD on June

13. During the meeting, Chino Police Chief Kevin Mensen presented the package of retail theft bills and the District Attorney initiative on the November 5, 2024, state ballot.

Additional presentations were provided on the following:
• League of California Cities Board of Directors Update by League VP, Dr. Lynne Kennedy • California Business Roundtable Initiative Update by League Vice President Dr. Lynne Kennedy and Art Bishop
• Legislative Update by Ontario Councilmember Debra Porada • Annual Conference and Division Update by League IE Public Affairs Manager Laura Varela Next anticipated meeting date: TBD
LEAGUE OF CALIFORNIA CITIES – Legislative Task Force
Council Representative: Karen Comstock | Staff Report by: Vivian Castro Meeting Date: June 2024
No meeting was held during this reporting period.

Next anticipated meeting date: TBD

OMNITRANS BOARD OF DIRECTORS
Council Representative: Eunice Ulloa | Staff Report by: Dennis Ralls Meeting Date: June 5, 2024
This month, the board adopted the Fiscal Year 2025 Management Plan and Fiscal Year 2025 Marketing Plan.

The FY2025 Management Plan sets the priorities for the next fiscal year , which helps guide the budget, programs, and projects.

This next Management Plan will focus on Customer Experience, Employee Experience, Safety & Security, Sustainability, and Innovation. The FY2025 Marketing Plan sets goals for the organization’s outreach and includes building ridership, elevating customer experiences, strengthening partnerships, supporting workforce development, and targeted community engagement for the next fiscal year. 19 MONTHLY AGENCY REPORTS – SEPTEMBER 3, 2024 (Covering Meetings from 6/1/24 – 6/30/24) PAGE 6

The marketing plans also set goals of increasing ridership by 17%, increasing revenue by 5%, and achieving at least an 85% positive customer satisfaction goal.

Next anticipated meeting date: July 3, 2024

ONTARIO INT ERNATIONA L AIRPORT AUTHORITY (OIAA) INTER -AGENCY COLLABORATIVE (ROUNDTABLE)
Council Representative: Curtis Burton | Staff Report by: Jackie Melendez Meeting Date: June 2024
No meeting during this reporting period.

Next anticipated meeting date: TBD

SAN BERNARDINO COUNTY SOLID WASTE ADVISORY TASK FORCE
Council Representative: Karen Comstock | Staff Report by: Xo chitl Huerta Meeting Date: June 2024
No meeting during this reporting period.

Next anticipated meeting date: October 16, 2024
SBCTA – San Bernardino Co. Transportation Authority Board of Directors Council Representative: Eunice Ulloa | Staff Report by: Dennis Ralls Meeting Date: June 5, 2024
The SBCTA Metro Valley Study Session (a sub-committee of the Board) met on June 13 and received a report on the Pine Avenue Extension and Widening Project from SBCTA staff.

The staff report gave the study session members an update based on documents obtained by Chino Staff.

SBCTA staff concluded that environmental clearance and design challenges remain, which will likely take months to complete. They estimate that the project cost will continue to rise due to the increased costs and time delays before it is put out to bid. The Board of Directors will receive and file this report at their July 3 board meeting.

Next anticipated meeting date: July 3, 2024
SBCTA – City Selection Committee
Council Representative: Eunice Ulloa | Staff Report by: Jackie Melendez Meeting Date: June 2024
No meeting during this reporting period.

Next anticipated meeting date: TBD
20 MONTHLY AGENCY REPORTS – SEPTEMBER 3, 2024 (Covering Meetings from 6/1/24 – 6/30/24) PAGE 7

SCAG – General Assembly
Council Representative: Marc Lucio | Staff Report by: Jackie Melendez Meeting Date: June 2024
No meeting during this reporting period.

Next anticipated meeting date: TBD
Santa Ana Watershed Advisory Council
Council Representative: Chris Flores | Staff Report by: Dave Crosley Meeting Date: June 2024
No meeting during this reporting period.

Next anticipated meeting date: TBD
Water Facilities Authority Board of Directors
Council Representative: Eunice Ulloa | Staff Report by: D ave Crosley Meeting Date: June 2024
No meeting during this reporting period.

Next anticipated meeting date: July 18, 2024
West Valley Mosquito and Vector Control District
Council Representative: Chris Flores | Staff Report by: V ivian Castro Meeting Date: June 25, 2024

1. Resolution No. 2024-06 – The Board held a public hearing and a dopted resolution 2024-06, approving the Engineer’s Reports, confirming the diagram and assessment, and order ing the continuation of the levy of assessments for fiscal year 2024 -25 for the Assessment No. 1 and Assessment No. 2 . This was the final step in levying assessments for fiscal year 2024 -25, which will be submitted by the district’s consultant to the San Bernardino County Auditor to be included on the 2024 -25 property tax bills. The Board approved the resolution unanimously.

2. F Y 2024- 25 Budget Pay Scale Adjustment—The Board unanimously approved a resolution to amend the FY 2024-25 Budget to incorporate pay scale adjustments. The budget includes a 3% increase in staff pay rates.

3. U pdated Employee Job Descriptions – A report proposing Updated Employee Job Descriptions was presented to the Board. The last time the position descriptions were updated was in October 2020. New position descriptions for Finance/HR Director, Field Supervisor, and Accounting Clerk were added. The item was approved unanimously.
21 MONTHLY AGENCY REPORTS – SEPTEMBER 3, 2024 (Covering Meetings from 6/1/24 – 6/30/24) PAGE 8

4. Staff Reports - The reports showed 7 service requests, 130 inspections, and 111 treatments in Chino in May. A total of 3,604 mosquitoes were collected in 338 trap -nights in May 2024, with 55% of those collected in Chino.

Next anticipated meeting date: August 27, 2024

22 MEMORANDUM

CITY OF CHINO

FINANCE DEPARTMENT

CITY COUNCIL MEETING DATE: SEPTEMBER 3, 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 771587 to 772098, and Electronic Fund Transfers 519651E to 519872E, totaling $17,893,175.05. ..body

FISCAL IMPACT
Sufficient funds have been included in the Fiscal Year 23-24 and 24-25 Operating Budgets.

Revenue:

Expenditure:

Transfer In: Transfer Out:
23 CITY COUNCIL MEETING DATE: SEPTEMBER 3, 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. 771587 7/1/24 23-24 $11,100.00

2. 771588 – 771608 7/11/24 24-25 $154,525.88

3. 771609 – 771707 7/11/24 23-24 $1,708,205.04

4. 771708 7/11/24 23-24 $115,000.00

5. 771709 – 771735 7/18/24 24-25 $1,979,171.45

6. 77137 – 771805 7/18/24 23-24 $927,723.30

7. 771807 – 771868 7/25/24 23-24 $823,867.47

8. 771869 7/24/24 24-25 $1,825,170.30

9. 771870 – 771906 7/25/24 24-25 $561,652.89

10. 771907 – 771950 8/1/24 23-24 $716,186.34

11. 771951 – 772014 8/1/24 24-25 $605,927.33

12. 772015 – 772030 8/8/24 23-24 $401,668.32

13. 772031 – 772098 8/8/24 24-25 $402,465.53

14. 519651E – 519704E 7/12/24 23-24 $698,037.09

15. 519705E – 519738E 7/19/24 23-24 $827,482.01

16. 519739E – 519749E 7/19/24 25-25 $11,882.43

17. 519750E – 519767E 7/26/24 23-24 $1,339,504.28

18. 519768E – 519779E 7/26/24 24-25 $2,224,770.67

19. 519780E – 519799E 8/2/24 23-24 $1,104,000.90

20. 519800E – 519825E 8/2/24 24-25 $115,827.53

21. 519826E – 519842E 8/9/24 23-24 $1,223,795.42

22. 519843E – 519872E 8/9/24 24-25 $115,210.87
TOTAL $17,893,175.05

E: Electronic Fund Transfers

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

RB:hm
Attachment

24 Council Meeting 9/3/24

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

Check
Number
Check Date Vendor Name Description Amount
771601 07/11/2024 SAN BERNARDINO COUNTY SHERIFF'S DEPT CAL ID ASSESSMENT FEE $109,901.66 771621 BIGGS CARDOSA ASSOCIATES, INC. DESIGN AND BID SUPPORT $155,280.88 771632 CHINO VALLEY UNIFIED SCHOOL DISTRICT CHINO HS RECONSTRUCTION $299,356.48 771645 DYETT & BHATIA, URBAN & REGIONAL

PLANNERS
GENERAL PLAN UPDATE $53,749.51
771662 ITERIS, INC. SPECTRUM TRAFFIC STUDY $51,648.53
771669 M K SMITH CHEVROLET TWO (2) 2023 1/2 TON CHEVROLET TRUCKS $215,813.48 771675 NEW MILLENNIUM CONSTRUCTION SERVICES
INC
PARK RESTROOM RESTORATION $65,238.59
771680 PLUMBERS DEPOT INC SEWER LATERAL CAMERA $136,392.00 771691 SO CAL EDISON CO SERVICE PERIOD: 05/30-06/27 $284,796.74 771701 US BANK CORPORATE PAYMENT SYS US BANK STMT- 5.22.24 $66,730.87 771708 BONADIMAN WATER, INC GENERAL LIABILITY RELEASE $115,000.00 519677 07/12/2024 INLAND EMPIRE UTILITIES AGENCY RECYCLED WATER $131,929.81 519698 WATER FACILITIES, AUTHORITY (JPA) IMPORTED WATER $296,493.07 519703 YUNEX LLC TRAFFIC SIGNAL MAINTENANCE $61,696.24 519708 07/19/2024 CALGON CARBON CORPORATION CALGON TREATMENT $55,841.60 519712 CIVICA LAW GROUP, APC PROFESSIONAL LEGAL SERVICES $59,233.24 519721 HERITAGE DESIGN BUILD & CONSULTING STREET LIGHT MAINTENANCE $136,747.51 519725 INLAND EMPIRE UTILITIES AGENCY RECYCLED WATER $102,581.40 519727 MERCHANTS LANDSCAPE SERVICES INC LANDSCAPE MAINTENANCE MEDIANS $105,731.04 519738 YUNEX LLC TRAFFIC SIGNAL MAINTENANCE $254,316.01 771769 KIRTLEY CONSTRUCTION, INC. ON-CALL SERVICES $53,620.00 771801 W.A. RASIC CONSTRUCTION COMPANY, INC. ON-CALL SERVICES $114,370.00 771802 WASTE MANAGEMENT COLLECTION SERVICES $441,556.16 771869 07/24/2024 AON RISK INSURANCE SERVICES WEST. INC INS.PREM.-COMMERCIAL SAFETY $1,825,170.30 771814 07/25/2024 BIGGS CARDOSA ASSOCIATES, INC. DESIGN AND BID SUPPORT $157,618.00 771840 LANDSCAPE WEST MANAGEMENT SERVICES,
INC.

LANDSCAPE MAINTENANCE $80,850.00
771854 07/25/2024 SEQUEL CONTRACTORS, INC. CONSTRUCTION SERVICES $205,217.63 25 Council Meeting 9/3/24
771865 WASTE MANAGEMENT COLLECTION SERVICES $90,942.41 771873 AXON ENTERPRISE INC YR3-ON-OFFICER VIDEO SYSTEM $263,922.16 771889 LENNAR HOMES OF CALIFORNIA INC ROAD CLOSURE DEPOSIT

REIMBURSEMENT
$100,000.00
771899 PRES-TECH MANUFACTURER'S

REPRESENTATIVES INC
ONE (1) 2024 SINGLE AXLE VALVE $88,252.21
519759 07/26/2024 INLAND EMPIRE UTILITIES AGENCY NON-RECLAIMABLE WASTEWATER $1,121,601.15 519767 YUNEX LLC TRAFFIC SIGNAL MAINTENANCE $173,021.47 519769 CHINO BASIN DESALTER AUTHORITY WATER PURCHASES $1,611,155.50 519770 CHINO VALLEY INDEPENDENT FIRE DISTRICT FIRE PROTECTION SERVICES $565,974.13 771907 08/01/2024 ACT 1 CONSTRUCTION, INC. CHINO RANCHO PARK PROJECT $284,102.93 771911 C P CONSTRUCTION CO INC KIMBALL AVE IMPROVEMENTS-PRESERVE $72,577.62 771947 WASTE MANAGEMENT COLLECTION SERVICES $94,665.24 771950 Z & K CONSULTANTS, INC. ON CALL SERVICES $51,747.00 771975 FLOCK GROUP INC. FLOCK CAMERAS $152,500.00 772010 TYLER TECHNOLOGIES INC CENTRAL SERVICES-ANNUAL MUNIS $215,193.48 519788 08/02/2024 FISHER SCIENTIFIC CO LLC CITY CONSIDERATION 4/1/24-6/30 $578,850.21 519791 HUITT-ZOLLARS INC PINE AVE. CONNECTOR $139,096.60 519794 MODEL 1 COMMERCIAL VEHICLES, INC. CITY CONSIDERATION 04/01/24-06 $243,313.83 772016 08/08/2024 ALL AMERICAN ASPHALT SLURRY SERVICES $324,217.67 772087 SO CAL EDISON CO SERVICE PERIOD: 06/03-07/31 $268,726.73 519831 08/09/2024 HARDY & HARPER INC YORBA AVE STREET IMPROVEMENTS $894,738.60 519834 INLAND EMPIRE UTILITIES AGENCY SEWER LIFT STATION $59,409.57 519842 YUNEX LLC TRAFFIC SIGNAL MAINTENANCE $128,603.41

49 TOTAL $13,159,492.67

26 MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: SEPTEMBER 3, 2024

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

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

27 CHINO CITY COUNCIL

SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY

REGULAR MEETING - CITY HALL COUNCIL CHAMBERS
13220 CENTRAL AVENUE
CHINO, CA 91710
TUESDAY, JULY 16, 2024

MINUTES
CLOSED SESSION – 4:00 PM
OPEN SESSION – 6:00 PM
_________________________________________________________________________________

CALL TO ORDER
The July 16, 2024, Regular Meeting of the Chino City Council / Successor Agency to the Redevelopment Agency was called to order at 4:03 p.m. by Mayor Eunice M. Ulloa in the Council Chambers.

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

CLOSED SESSION PUBLIC COMMENTS
There were no requests to speak.

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

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

3. CONFERENCE WITH LABOR NEGOTIATOR
Pursuant to Government Code Section 54957.6
Agency designated representatives: Fred Galante, City Attorney and Geriann Kingslan, Director of Human Resources/Risk Management
Unrepresented employee: City Manager
The City Council recessed to Closed Session at 4:04 p.m. and concluded at 5:05 p.m. The City Council reconvened the meeting at 6:01 p.m.
28 CHINO CITY COUNCIL
JULY 16, 2024 2

FLAG SALUTE
Trail Life Troop 2678 presented the colors and led the Pledge of Allegiance.

CEREMONIALS
Retirement Recognition. Recognition of Chino Police Department Lieutenant Brian Cauble in recognition of 27 years of dedicated service to the City of Chino and its residents.

Mayor Ulloa presented a City Tile plaque on behalf of the City Council to Chino Police Lieutenant, Brian Cauble.

Retirement Recognition. Recognition of Community Services, Parks & Recreation Specialist Marianne Brown in recognition of 29 years of dedicated service to the City of Chino and its residents.

Mayor Ulloa presented a City Tile plaque on behalf of the City Council to Mrs. Brown.

General Plan Update Outreach. Recognition of Youth Participants in the General Plan Update Outreach.

Mayor Ulloa introduced Mike Hitz, Principal Planner, and Rosie Richardson, Associate with VMA Communications, who introduced a video highlighting youth participants who participated in the youth led General Plan outreach program. Mayor Ulloa presented a certificate of recognition to the youth, who participated in the General Plan outreach program: Alyah Tolentino, Ayah Ihmud, Andrew Cheng Yu Liang, Elena Rossen, Julie De Los Santos Escobar, Leila Maleki, Madison Reynolds, Malena Villa, Manasvi Sameer Chavan, Lizzet Luna, Isabelle Zhong, Hannah Finkbeire, Tanya Ding, Ximena Tapia -Lugo, Kendall Baldrias, Lauren Contreras Garcia, and Enrico Hernandez.

Chino Valley Fire District. Introduction of New Hire Firefighter/Paramedics.

Battalion Chief Greg Gabel, Chino Valley Independent Fire District, introduced new Chino Valley Firefighter/Paramedics: Jake Arnett, Saul Cuevas, Dillon Darrow, Dylan Heckle, Addison Hempstead, Ryan Pierce, and Nick Truelove.

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

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

2. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to Government Code Section 54957 Title: City Manager The City Council performed the evaluation of the City Manager, provided feedback, and no further reportable action was taken.
29 CHINO CITY COUNCIL
JULY 16, 2024 3

3. CONFERENCE WITH LABOR NEGOTIATOR
Pursuant to Government Code Section 54957.6
Agency designated representatives: Fred Galante, City Attorney and Geriann Kingslan, Director of Human Resources/Risk Management
Unrepresented employee: City Manager
Motioned by Mayor Pro Tem Comstock, seconded by Council Member Burton, to approve and authorize the following changes to the City Manager’s contract: 1) to comport with the salary increases previously approved by the City Council for other City employees in the last two years for 6, 12, and 24 months of employment totaling 15%, the City Council approved an increase of 15% to the City Manager’s salary to total $348,160; 2) an increase to the severance rights should the City Manager be terminated without cause, so the current severance of 6 months would increase to 7.5 months as of August 2024, and then to 9 months as of August 2025; 3) the ability to cash out 15.5 days of holiday time; and 4) a change in the City Manager’s schedule so that her workday would be inclusive of a lunch break. All changes will be effective on August 8, 2024, which corresponds to the two -year anniversary of the City Manager’s employment contract, and will be presented as a receive item at the next regular meeting in September. The motion carried by the following vote:

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

ABSENT: NONE.

AGENDA ADDITIONS/REVISIONS
Assistant City Manager Jackie Melendez reported there were no additions or revisions to the agenda.

INFORMATION
External Agency Report. Receive and file the External Agency Report for July 2024 (Covering May 1, 2024 - May 31, 2024).

Mayor Ulloa announced the External Agency Report is available in the agenda packet.

PUBLIC ANNOUNCEMENTS
Mayor Ulloa issued a reminder about the following scheduled community events and closures:

Chino Kiwanis Club Summer Concerts on the City Hall lawn on Thursday, July 18, 2024, at 7:00 p.m. featuring No Duh, a No Doubt tribute band, and Thursday, July 26 featuring Britain’s Finest, a Beatles tribute band, taking place at Founders Park in The Preserve.

Chino Summer Movie Nights on City Hall lawn Friday, July 26, 2024, at 6:30 p.m. will feature Disney Pixar’s Elemental and a special unveiling presentation of the new utility art box project will take place before the movie.

National Night Out is on Tuesday, August 6, 2024, from 5:00 to 8:00 p.m. For information, call 909-334-3217.

City Hall will be closed on Monday, September 2, 2024, in observance of Labor Day. City Hall 30 CHINO CITY COUNCIL
JULY 16, 2024 4
will re-open on Tuesday, September 3 at its regular operating hours of 7:30 a.m. to 5:30 p.m., followed by the City Council meeting that evening at 6:00 p.m.

PUBLIC COMMENTS
Pastor Michael Tafoya, Living Word Assembly, provided the invocation.

Donna Marchesi, Chino resident, spoke in support of the Feral Cat Friends program.

Rosemary D., spoke in support of the Feral Cat Friends program.

Michael Gales, spoke in support of swim safety.

CONSENT CALENDAR

1. Warrants. Approve expenses as audited and within budget for warrants 771473 to 771586, and Electronic Fund Transfers 519602E to 519650E, totaling $2,599,503.38.

2. Minutes. Regular Meeting Minutes for July 2, 2024 (All Members Present).

4. Report on State and Federal Legislative Issues. Receive and file the Tracked State Legislation report dated June 4, 2024; the attached position letters on legislation; the High Priority Legislative Items Report, and the Washington Update.

5. Amendment No. 1 to Animal Shelter and Animal Control Services Agreement No. 2022 -37 Between the City of Chino and Inland Valley Humane Society & S.P.C.A. Approve changes to the Animal Shelter and Animal Control Services Agreement with the Inland Valley Humane Society & S.P.C.A. (IVHS) to remove guaranteed revenue and modify revenue credits upon termination.

6. Award of Measure I Funding Program. Accept the Measure I Award -Omnitrans 2025 Specialized Transportation grant in the amount of $249,775 for FY 2025 ($122,016) and FY 2026 ($127,759).

7. Resolution amending the City's Classification and Compensation Schedule. Adopt Resolution No. 2024-034 approving revisions to the City’s Classification and Compensation Schedule to comply with the City’s Personnel Rules, P.O.S.T, CalPERS, and existing approved positions.

Item 8 pulled from the Consent Calendar for a staff report.

9. Final Acceptance of Public Improvements for Administrative Approval PL19 -0090, MKNZ, LLC (Medical Offices Project), located at 5143 D Street. 1) Accept public improvements as complete for Administrative Approval PL19 -0090; 2) authorize release of the performance bond and initiate the warranty bond; and 3) authorize the City Manager to execute the necessary documents on behalf of the City.

10. Final Acceptance of Public Improvements for Tract Map Nos. 18479, 19935 & 19953 for the Harvest at The Preserve development, generally located at the northwest corner of Pine and Hellman Avenues. Accept public improvements as complete for Tract Map Nos. 18479, 19935, and 19953; 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. 31 CHINO CITY COUNCIL
JULY 16, 2024 5

11. Waiver of permit fees, plan check fees, and inspection fees for the Placentia Court Sewer Line Project at 12594 Roswell Avenue. Approve Resolution No. 2024 -037 waiving the permit fees, plan check fees, and inspection fees for the Placentia Court Sewer Line Project located within the City's Sphere of Influence at 12594 Roswell Avenue.

12. Notice of Termination of Lot Line Adjustment / Covenant and Agreement for the properties located at 3535 and 3551 Philadelphia Street. Approve the Notice of Termination of Lot Line Adjustment located at 3535 and 3551 Philadelphia Street; and approve a Covenant and Agreement between the City of Chino and 3535 and 3551 Philadelphia Properties, LLC.

13. Acceptance of the CalRecycle City/County Payment Program (CCPP23) Grant Funds.

Authorize the acceptance of an award of funds from CalRecycle in the amount of $23,619; establish grant number G7242 for FY2023 -24; and appropriate $23,619 to the Sanitation Fund with a corresponding appropriation in revenues.

14. Measure I 5 -Year Improvement Plan and Expenditure Strategy for Fiscal Year 2024 -2025 through Fiscal Year 2028 -2029. Adopt Resolution No. 2024 -038, approving the Measure I Local Street Pass -Through Funds Five -Year Capital Improvement Plan and Expenditure Strategy for Fiscal Year 2024-2025 through Fiscal Year 2028-2029.

15. Notice of Completion - Sewer Reline Fiscal Year 2022 Project (SW220). Accept the Sewer Reline Fiscal Year 2022 Project (SW220), with Sancon Technologies, Inc., Huntington Beach, CA, as complete; authorize the Director of Public Works to File the Notice of Completion; and authorize the release of retention funds.

16. Approve Amendment No. 10 to Huitt-Zollars, Inc. for Design Professional Services for the Pine Avenue Connection to SR71 Project (ST061). Approve a tenth amendment to the Design Professional Services Agreement with Huitt -Zollars, Inc., Irvine, CA, Agreement 2015 -232, in the amount of $111,190 for a total agreement amount not to exceed $5,403,704.11.

17. Award of Contract - W.A. Rasic Construction Company, Inc., On -Call Water Distribution System Repairs and Wastewater System Repair Services. Approve a contract to W.A. Rasic Construction Company, Inc., in the amount of $380,000 for On -Call Water Distribution System Repairs and Wastewater System Repair Services.

Motion by Mayor Pro Tem Comstock, seconded by Council Member Burton, to approve Consent Calendar items 1 -7 and 9 -17 as presented, with item 8 pulled for a separate vote. The motion carried by the following vote:

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

ABSENT: NONE.

ITEMS PULLED FROM CONSENT CALENDAR

8. Department of California Highway Patrol - Cannabis Tax Fund Grant Program (CTFGP). Adopt Resolution No. 2024 -036 to accept the CTFGP and acceptance of grant proceeds in the amount of $110,153.08; appropriate $110,153.08 from the unappropriated reserves of the General Fund; and increase the General Fund revenue budget by $110,153.08.

Lieutenant Ted Olden, Chino Police Department, provided a report on the item.

Council Member Burton thanked City staff for securing grant programs that benefit the Chino community.
32 CHINO CITY COUNCIL
JULY 16, 2024 6
Motion by Council Member Flores, seconded by Council Member Burton, to approve Item 8. 24 -338 Department of California Highway Patrol - Cannabis Tax Fund Grant Program (CTFGP). The motion carried by the following vote:

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

ABSENT: NONE.

PUBLIC HEARING

18. Landscape and Streetlight Maintenance District Assessment For Fiscal Year 2024 -2025.

Conduct the Public Hearing and adopt Resolution No. 2024-035 directing the City Clerk to file a certified copy of the diagram and assessments with the County Auditor/Controller Recorder.

Staff Report By: Keith Martinez, Assistant Public Works Services Manager RECOMMENDATION: 1) Conduct the Public Hearing; 2) adopt Resolution No. 2024 -035; and 3) direct the City Clerk to file a certified copy of the diagram and assessments with the County Auditor/Controller Recorder.

Mayor Ulloa opened the public hearing.

Keith Martinez, Assistant Public Works Services Manager, provided a presentation on the item.

There being no requests to address the City Council on this item, Mayor Ulloa closed the public hearing.

Motion by Mayor Pro Tem Comstock, seconded by Council Member Flores, to 1) Conduct the Public Hearing; 2) adopt Resolution No. 2024 -035; and 3) direct the City Clerk to file a certified copy of the diagram and assessments with the County Auditor/Controller Recorder. The motion carried by the following vote:

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

ABSENT: NONE.

NEW BUSINESS

19. Award of Contract - BrightLife Designs, LLC, Huntington Beach, CA, for the Rental of a City Hall Holiday Tree, Lighting, and Decorations. Award a contract to BrightLife Designs, LLC, Huntington Beach, CA, for $129,928.50 for the Rental of a City Hall Holiday Tree, Lighting, and Decorations.

Staff Report By: Keith Martinez, Assistant Public Works Services Manager RECOMMENDATION: 1) Appropriate $129,928.50 from the General Fund Reserves (Fund 100), with a corresponding increase to the Civic Center Program Fund (3607210) in the same amount; 2) Award a contract to BrightLife Designs, LLC, Huntington Beach, CA, for $129,928.50 for the Rental of a City Hall Holiday Tree, Lighting and Decorations; and 3) authorize the City Manager to execute the necessary documents on behalf of the City.

Keith Martinez, Assistant Public Works Services Manager, provided a presentation on the item. 33 CHINO CITY COUNCIL
JULY 16, 2024 7
Mayor Ulloa asked about the holiday tree lighting displays available. Mr. Martinez provided details about the different lighting displays that will be available on the City Hall lawn.

Motion by Council Member Flores, seconded by Council Member Lucio, to 1) Appropriate $129,928.50 from the General Fund Reserves (Fund 100 ), with a corresponding increase to the Civic Center Program Fund (3607210) in the same amount; 2) Award a contract to BrightLife Designs, LLC, Huntington Beach, CA, for $129,928.50 for the Rental of a City Hall Holiday Tree, Lighting and Decorations; and 3) 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.

ABSENT: NONE.

20. West End Animal Services Joint Powers Authority Agreement with the City of Ontario. Approve the Joint Exercise of Powers Agreement establishing the West End Animal Services Agency.

Staff Report By: Jackie Melendez, Assistant City Manager RECOMMENDATION: 1) Approve the Joint Exercise of Powers Agreement establishing the West End Animal Services Agency (JPA); 2) Appoint one Chino City Council Member and two alternates (first and second ), to serve as voting members of the JPA’s Board of Directors; 3) Agree to allow the City of Ontario to serve as the JPA’s Interim Administrator and to provide administrative services to the Agency, including appointing a Treasurer/Auditor -Controller and Secretary; and 4) Authorize the City Manager to execute the Agreement on behalf of the City and all other documents as appropriate to carry out the terms of the Agreement.

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

Council Member Flores inquired about the voting representation assigned to City of Chino and City Attorney Fred Galante explained the City of Ontario’s 65 percent contribution and the City of Chino’s 35 percent contribution and the amount of representation each city will be given.

Council Member Flores inquired regarding other agencies joining the JPA and Ms. Melendez explained the ratio breakdown is based on use and shared cost reduction will occur as new members join, and assured staff will reevaluate the use if new agencies join.

Council Member Lucio commented the City of Ontario has outgrown the IVHS service capability and as the City of Chino also continues to grow, the need for these types of services will increase and expressed his support for better services for Chino residents.

Mayor Pro Tem Comstock explained the demand for animal control services are increasing, and commented how IVHS has been challenged to meet the City’s current and growing needs.

Council Member Burton stated IVHS has served the Chino community well, however with our region growing, IVHS cannot meet the residents’ demands anymore, and commented neighboring communities with join the JPA when they see its success.

Mayor Ulloa explained as the Council assesses the future need for animal services, the City of Chino’s current contract service fees will increase. The fees will also increase when the City of Ontario ends its contract with IVHS further causing services to Chino residents to be inadequate. To remedy this need, the JPA will offer both cities the financial support needed to establish the project facility. Mayor Ulloa also requested City staff to work with the City of 34 CHINO CITY COUNCIL
JULY 16, 2024 8
Ontario to ensure the facility is built properly.

Donna Marchesi, Chino resident, recommended staff connect with the City of Rancho Cucamonga regarding their animal shelter for additional information.

City Attorney Fred Galante explained the Council needs to appoint a Council Member to serve as a Board Member as well as two alternates.

Mayor Ulloa recommended Council Member Burton to serve as the Board Member, Council Member Lucio to serve as the first alternate Board Member, and Mayor Ulloa to serve as second alternate Board Member.

Motion by Council Member Burton, seconded by Mayor Pro Tem Comstock, to 1) Approve the Joint Exercise of Powers Agreement establishing the West End Animal Services Agency (JPA); 2) Appoint Chino City Council Member Burton and two alternates (first - Lucio and second - Ulloa ), to serve as voting members of the JPA's Board of Directors; 3) Agree to allow the City of Ontario to serve as the JPA's Interim Administrator and to provide administrative services to the Agency, including appointing a Treasurer/Auditor -Controller and Secretary; and 4) Authorize the City Manager to execute the Agreement on behalf of the City and all other documents as appropriate to carry out the terms of the Agreement. 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 attended since the last meeting that included Deputy Police Chief Andy Bjelland's Walk of Honor; San Bernardino County Transportation Agency Board of Director's meeting; Inland Empire Economic Partnership meeting; Legislative Update Zoom meeting; Chino Church of Latter -day Saints Flag Raising Ceremony; Senior Birthday Celebrations; West End San Bernardino Cities meeting; Chino Desalter Authority Finance Committee meeting; Mayor's Prayer Breakfast; Chino Desalter Authority Board of Directors meeting; Southern California Water Coalition Executive Committee Zoom meeting; Future Farmers of America BBQ and Auction at the Chino Junior Fairgrounds; pulled papers for the election; Benson and North Philadelphia Building Project staff meeting; received an update on Economic Development activities; and Closed Session.

Mayor Pro Tem Comstock
Mayor Pro Tem Comstock reported on the following meetings and events attended since the last meeting that included Deputy Chief Andy Bjelland's Walk of Honor; Storytime in the Garden at Chino Community Garden; Chino Valley Independent Fire District Board meeting; thanked the Chino Valley Independent Fire District Board Members for attending the City Council meeting; League of California Cities meeting; City Manager meeting; AdHoc Housing Element meeting; Closed Session; thanked Lieutenant Brian Cauble and Marianne Brown for their years of service to the Chino community.
35 CHINO CITY COUNCIL
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Council Member Burton

21. Community Support Fund - Council Member Burton. Approve community support fund contribution to Chino Girls Fastpitch, Chino Community Children’s Theater, and Chino Valley YMCA.

Staff Report By: Council Member Burton
RECOMMENDATION: Approve community support fund contribution of $500 Chino Girls Fastpitch, $1000 Chino Community Children’s Theater, and $1000 Chino Valley YMCA.

Motion by Council Member Flores, seconded by Mayor Ulloa, to Approve community support fund contribution of $500 Chino Girls Fastpitch, $1000 Chino Community Children's Theater, and $1000 Chino Valley YMCA. 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 attended since the last meeting that included Walk of Honor for Deputy Police Chief Andy Bjelland; Fourth of July Celebration; City Manager meeting; Mayor's Prayer Breakfast; Ad Hoc Committee Housing Element update; City Manager meeting; Closed Session; and thanked Marianne Brown and Police Lieutenant Brian Cauble for their years of service to the Chino community.

Council Member Flores

22. Community Support Fund - Council Member Flores. Approve community support fund contribution to the Love Them All Foundation and Adrian's World.

Staff Report By: Council Member Flores
RECOMMENDATION: Approve community support fund contribution of $500 to Love Them All Foundation and $500 to Adrian's World.

Motion by Mayor Pro Tem Comstock, seconded by Council Member Burton, to Approve community support fund contribution of $500 to Love Them All Foundation and $500 to Adrian's World. The motion carried by the following vote:

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

ABSENT: NONE.

Council Member Flores reported on the following meetings and events attended since the last meeting that included the Walk of Honor for Deputy Police Chief Andy Bjelland; Special Needs Collaborative meeting; thanked Fire Chief Williams for introducing the new Firefighter and Paramedic recruits; and expressed positive comments regarding the Chino Utility Art Box Projects.

Council Member Lucio
Council Member Lucio reported on the following meetings and events attended since the last meeting that included City Manager meeting; tour of Ontario Carpenters and Apprenticeship Union; meeting with Mr. and Mrs. Fraga and announced sponsors for the Demolition Derby to 36 CHINO CITY COUNCIL
JULY 16, 2024 10
support an upcoming Thanksgiving fundraiser; Chino Police Children's Academy; Assistant City Manager meeting; encouraged residents to visit the new Prime Mexican Restaurant; Closed Session; thanked the retirees; and announced he will be out of town and will not be able to participate in the National Night Out Event.

City Manager's Report
Assistant City Manager Melendez had no report, but announced Hey Jin Lee, Director of Public Works will provide a Director's Report.

City Attorney's Report
City Attorney Galante announced a minor correction to his report out of closed session, noting "15.5 hours" should have been "15.5 holiday days".

Police Chief's Report
Chief Mensen provided a report on the Fourth of July operations by the Police Department, CIM inmate transfer, and announced Nick Marotta has been promoted to Deputy Chief, and Ryan Croley will serve as Captain.

Mayor Ulloa asked about the CIM facility renovation and Chief Mensen reported local legislator support will be needed to secure CIM renovation assistance from Sacramento.

Director's Report
Hye Jin Lee, Director of Public Works, provided an update on the Ramona Avenue construction projects and announced the City will be hosting a community meeting at the HOA Community Club Room to inform residents of the repairs and plans to open one -lane in each direction during the road repair; provided an update on Merrill Avenue construction and the road closures caused by the REDA Ontario project, and the steps staff is taking to address the traffic flow concerns for Flo's Restaurant and the Chino Airport; and announced the Chino Police Department and traffic staff were present when the Preserve Legacy Academy, a Kindergarten through 8th grade year round school, opened on July 8, 2024, and provided a traffic circulation assessment.

Fire Chief's Report
Fire Chief Dave Williams provided an update on Fourth of July fireworks, and the new fire station.

Mayor Ulloa referenced the assassination attempt on the former president, and asked residents for prayers.

ADJOURN
The meeting adjourned at 8:08 p.m. The next Regular Meeting of the City Council will be held on Tuesday, September 3, 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 3RD DAY OF SEPTEMBER 2024.
________________________________
EUNICE M. ULLOA, MAYOR
37 CHINO CITY COUNCIL
JULY 16, 2024 11
ATTEST:
________________________________

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

SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY

SPECIAL MEETING - CHINO SENIOR CENTER
13170 CENTRAL AVENUE
CHINO, CA 91710
TUESDAY, JULY 30, 2024

MINUTES
OPEN SESSION – 6:00 PM
_________________________________________________________________________________

CALL TO ORDER
The July 30, 2024, Special Meeting of the Chino City Council / Successor Agency to the R
edevelopment Agency was called to order at 6:19 p.m. by Mayor Eunice M. Ulloa at the Chino Senior Center.

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

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

GENDA ADDITIONS/REVISIONS
City Manager Linda Reich reported there were no additions or revisions to the agenda.

UBLIC COMMENTS
There were no requests to speak.

ONSENT CALENDAR

1. Amended Property Tax Allocation for Annexation - LAFCO Reorganization (D
etachment/Annexation from County Service Area 70) No. 3268 - East End Annexation. Adopt Resolution No. 2024-039, 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 3268 (PL20-0003, Annexation).

2. Award of Contracts for Water Operations Division - Morton Salt, Inc., for Bulk Solar Salt & U
nivar Solutions USA, LLC, for Hydrochloric Acid FCC/NSF Grade. Approve a contract to 1) Morton Salt, Inc., in the amount of $550,000 for Bulk Solar Salt purchase and 2) Univar Solutions USA, LLC, in the amount of $110,000 for Hydrochloric Acid FCC/NSF Grade. 39 CHINO CITY COUNCIL
JULY 30, 2024 2

3. Award of Contract and Approve a Pilot Project for the Utilization of Rubberized Emulsion Aggregate Slurry (REAS). Adopt Resolution 2024 -040 supporting the pilot project for the utilization REAS and award a contract to Petrochem Materials, Innovation, LLC, Carlsbad, CA in an amount not to exceed $48,786.34, for the application of REAS.

Motion by Council Member Lucio, seconded by Council Member Burton, to approve the Consent Calendar items 1-3 as presented. The motion carried by the following vote:

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

ABSENT: NONE.

NEW BUSINESS

4. The Ontario Ranch Business Park Project (referred to as REDA) Merrill Avenue Widening, Interconnect, and Euclid Median Improvements. Approve the Ontario Ranch Business Park Project Right of Entry Agreement, MOU, & Construction Reimbursement Agreement for the Merrill Avenue Widening, Interconnect, and Euclid Median Improvements.

Staff Report By: Jesus Plasencia, Assistant City Engineer RECOMMENDATION: 1) Create Capital Improvement Project MS253 titled “Merrill Avenue Widening, Interconnect, and Euclid Avenue Median Improvements ”; 2) appropriate $15,709,100 to the Transportation Fund 320; 3) schedule year-end transfers from the following:
reserve fund balance for perimeter and circulation enhancements around Chino Airport, primarily along Merrill Avenue, funded by Scannell Properties (FedEx development) reserve account (320-35335), totaling $4,764,984; Future Improvements deposit account (220-24270) totaling $3,309,027 for the Euclid Median/Widening; Citywide Circulation (Streets, Signals and Bridges) Development Impact Fee Fund (220) totaling $2,021,986; and The Preserve Circulation (Streets, Signals and Bridges) Development Impact Fee Fund (260) totaling $5,613,104; 4) approve a construction reimbursement agreement not to exceed $15,709,100 between the City and the developer, Euclid Land Venture, LLC, a Delaware limited liability company, for the Merrill Avenue Widening, Interconnect, and Euclid Avenue Median Improvements; 5) approve the Right of Entry Agreement between the City and San Bernardino County to obtain access to certain portions of airport property necessary for constructing the Merrill Avenue public improvements; 6) approve the Memorandum of Understanding between the City and Euclid Land Venture, LLC, a Delaware limited liability company, to transfer the rights under the Right of Entry Agreement to the developer for the construction of the Merrill Avenue Public Improvements; and 8) authorize the City Manager to execute all necessary documents on behalf of the City.

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

Council Member Lucio asked about the project locations and if sidewalk improvements were included. Mr. Plasencia confirmed the improvements will include the areas along the developer’s frontage on Euclid Avenue from Merrill Avenue up to Eucalyptus Avenue, including a new median, and a 13-foot-wide multipurpose trail.

Council Member Lucio asked if staff has communicated with the County regarding the sidewalk improvements. Mr. Plasencia confirmed staff is in communication with the County.

Mayor Ulloa asked about the City’s shared project cost and location and Mr. Plasencia stated the project will cost $5 million dollars and will encompass the median on Euclid Avenue from 40 CHINO CITY COUNCIL
JULY 30, 2024 3
Eucalyptus to Merrill Avenues.

Mayor Ulloa asked if lighting, water lines, and maintenance fees were included as part of the proposed cost. Mr. Plasencia confirmed the median will include landscaping and the irrigation system, however the maintenance agreement with the City of Ontario will be presented to Council for consideration at a future meeting. Mr. Plasencia stated he was uncertain if the median design included lighting. Mayor Ulloa asked staff to report back to Council to confirm if the median will include lighting.

Council Member Burton inquired about the median dimensions and Mr. Plasencia stated the proposed median will be 65 feet in width and will include drought tolerant landscaping design.

Mayor Ulloa asked if the median would include a walking trail. Mr. Plasencia stated a 13 -foot multi-purpose trail will be added on the east side of Euclid Avenue, between Eucalyptus and Merrill Avenues, which is consistent with the General Plan.

Dennis Ralls, City Traffic Engineer, reported the General Plan includes a dedicated bike facility on Euclid Avenue, and noted the proposed landscaped trails will be designed for pedestrians and bicyclists.

Mayor Pro Tem Comstock commented City of Ontario has opted to keep open space usage on their medians, along Euclid Avenue.

Council Member Burton recommended trees and the median landscape design remain consistent all the way down Euclid Avenue.

Mayor Pro Tem Comstock commented she is looking forward to seeing residents be provided with options for outdoor activities.

Motion by Mayor Pro Tem Comstock, seconded by Council Member Lucio, to 1) Create Capital Improvement Project MS253 titled "Merrill Avenue Widening, Interconnect, and Euclid Avenue Median Improvements"; 2) appropriate $15,709,100 to the Transportation Fund 320; 3) schedule year -end transfers from the following: reserve fund balance for perimeter and circulation enhancements around Chino Airport, primarily along Merrill Avenue, funded by Scannell Properties (FedEx development) reserve account (320-35335), totaling $4,764,984; Future Improvements deposit account (220-24270) totaling $3,309,027 for the Euclid Median/Widening; Citywide Circulation (Streets, Signals and Bridges) Development Impact Fee Fund (220) totaling $2,021,986; and The Preserve Circulation (Streets, Signals and Bridges) Development Impact Fee Fund (260) totaling $5,613,104; 4) approve a construction reimbursement agreement not to exceed $15,709,100 between the City and the developer, Euclid Land Venture, LLC, a Delaware limited liability company, for the Merrill Avenue Widening, Interconnect, and Euclid Avenue Median Improvements; 5) approve the Right of Entry Agreement between the City and San Bernardino County to obtain access to certain portions of airport property necessary for constructing the Merrill Avenue public improvements; 6) approve the Memorandum of Understanding between the City and Euclid Land Venture, LLC, a Delaware limited liability company, to transfer the rights under the Right of Entry Agreement to the developer for the construction of the Merrill Avenue Public Improvements; and 8) 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
41 CHINO CITY COUNCIL
JULY 30, 2024 4
NOES: NONE.

ABSENT: NONE.

5. Amendment to the Construction Reimbursement Agreement with LS College Park, LLC for the design/construction of public improvements on Edison Avenue between Central Avenue to Oaks Avenue in the amount of $2,500,000 for a total contract amount not to exceed $16,200,000. Approve an amendment to the construction reimbursement agreement with LS College Park, LLC for the design/construction of public improvements on Edison Avenue between Central Avenue to Oaks Avenue.

Staff Report By: Jesus Plasencia, Assistant City Engineer RECOMMENDATION: 1) Appropriate $2,500,000 to the Transportation Fund (320 Fund) and schedule a corresponding year -end transfer from the Citywide Circulation (Streets, Signals, & Bridges) Development Impact Fee program (220 Fund); 2) increase the project budget for ST163, Edison Avenue between Central and Oaks Avenues, by $2,500,000 bringing the total project budget to $16,200,000; 3) approve an amendment to the construction reimbursement agreement with LS College Park, LLC for the design and construction of public improvements on Edison Ave between Central Avenue and Oaks Avenue, increasing the agreement amount by $2,500,000, for a total not to exceed $16,200,000; and 4) authorize the City Manager to execute all the necessary documents of behalf of the City.

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

Mayor Pro Tem Comstock noted the importance of landscaping included in these types of improvements.

Motion by Council Member Lucio, seconded by Mayor Pro Tem Comstock, to 1) Appropriate $2,500,000 to the Transportation Fund (320 Fund) and schedule a corresponding year -end transfer from the Citywide Circulation (Streets, Signals, & Bridges) Development Impact Fee program (220 Fund); 2) increase the project budget for ST163, Edison Avenue between Central and Oaks Avenues, by $2,500,000 bringing the total project budget to $16,200,000; 3) approve an amendment to the construction reimbursement agreement with LS College Park, LLC for the design and construction of public improvements on Edison Ave between Central Avenue and Oaks Avenue, increasing the agreement amount by $2,500,000, for a total not to exceed $16,200,000; and 4) authorize the City Manager to execute all the necessary documents of behalf of the City. The motion carried by the following vote:

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

ABSENT: NONE.

ADJOURN
The meeting adjourned at 6:47 p.m. The next Regular Meeting of the City Council will be held on Tuesday, September 3, 2024 at 6:00 p.m. (Closed Session no earlier than 4:00 p.m. if necessary) in the City Council Chambers.
42 CHINO CITY COUNCIL
JULY 30, 2024 5
APPROVED AND ADOPTED THIS 3RD DAY OF SEPTEMBER 2024.
________________________________
EUNICE M. ULLOA, MAYOR
ATTEST:
________________________________

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

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: SEPTEMBER 3, 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 2024-25 Operating Budget.

 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:
44 CITY COUNCIL MEETING DATE: SEPTEMBER 3, 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

45 Event Date Meeting Purpose
and Subject Matter
Location City Official
Attendees
July 26, 2024 Southern California
Water Coalition
(SCWC) Quarterly
Luncheon
Downey, CA Mayor Ulloa
August 13, 2024 Association of
California Water
Agencies (ACWA)
Region 9 Event
Temecula, CA Mayor Ulloa
Council Member
Burton

46 MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: SEPTEMBER 3, 2024

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

SUBJECT
..titl e
Designation of League of California Cities Voting Delegates. ..end

RECOMMENDATION
1) Designate Mayor Pro Tem Comstock as the City’s Voting Delegate, Council Member Curtis Burton as the City’s 2 nd Voting Delegate-Alternate, and Council Member Marc Lucio as the 3 rd Voting Delegate-Alternate for the 202 4 League of California Cities Annual Conference in Long Beach, CA from October 16-18, 2024.
..body

FISCAL IMPACT
There is no fiscal impact associated with this action. Registration for the 2024 League of California Cities Annual Conference in Long Beach, CA is required to participate in this action and is included in the FY 2024-25 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
 Exemplary Leadership
 Public Service Excellence through Internal and External Partnerships

Revenue:

Expenditure:

Transfer In: Transfer Out:
47 CITY COUNCIL MEETING DATE: SEPTEMBER 3, 2024
TITLE: DESIGNATION OF LEAGUE OF CALIFORNIA CITIES VOTING DELEGATES.

PAGE: 2

BACKGROUND
The League of California Cities (Cal Cities) 2024 Annual Conference and Expo is scheduled for October 16-18, 2024, in Long Beach, CA. An important aspect of the Annual Conference is the Annual Business Meeting (during the General Assembly) , which will take place on Friday, October 18, 2024. At this meeti ng, Cal Cities’ membership considers and acts on resolutions that establish Cal Cities’ policy.

ISSUES/ANALYSIS
To vote at the annual business meeting, City Council action is required to designate a voting delegate. The City Council may also designate up to two alternate voting delegates to ensure the City can lend its support to resolutions that address statewide matters and augment Cal Cities’ policy.

Mayor Pro Tem Karen C. Comstock is currently a Cal Cities Inland Empire Division Board Member. For this reason, Staff recommends that Mayor Pro Tem Comstock is selected as the voting delegate at the annual conference. Per the City of Chino 2023-2024 City Council Committee Assignments List, it is recommended Council Member Burton as the 2 nd Voting Delegate-Alternate, and Council Member Lucio as the 3rd Voting Delegate-Alternate.

Designating a voting delegate for the 202 4 Cal Cities Annual Conference and Expo will authorize the City to vote on policy matters in the form of resolutions. Mayor Pro Te m Comstock, or in h er absence Council Member Burton or Council Member Lucio , will be authorized to vote on behalf of the City on resolutions that focus on municipal issues or matters of Statewide concern. A summary of Cal Cities’ proposed resolutions will be brought to the City Council in early October after they have been published to Cal Cities’ website.

Attachment: 2024 Cal Cities Voting Delegate Form.

48 1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org

DATE: Wednesday, July 10, 2024

TO: Mayors, Council Members, City Clerks, and City Managers

RE: DESIGNATION OF VOTING DELEGATES AND ALTERNATES
League of California Cities Annual Conference and Expo, Oct. 16-18, 2024 Long Beach Convention Center

Every year, the League of California Cities convenes a member-driven General Assembly at the Cal Cities Annual Conference and Expo. The General Assembly is an important opportunity where city officials can directly participate in the development of Cal Cities policy.

Taking place on Oct. 18, the General Assembly is comprised of voting delegates appointed by each member city; every city has one voting delegate. Your appointed voting delegate plays an important role during the General Assembly by representing your city and voting on resolutions.

To cast a vote during the General Assembly, your city must designate a voting delegate and up to two alternate voting delegates, one of whom may vote if the designated voting delegate is unable to serve in that capacity. Voting delegates may either be an elected or appointed official.

Action by Council Required. Consistent with Cal Cities bylaws, a city’s voting delegate and up to two alternates must be designated by the city council. Please note that designating the voting delegate and alternates must be done by city council action and cannot be accomplished by individual action of the mayor or city manager alone.

Following council action, please submit your city’s delegates through the online submission portal by Wed., Sept. 25. When completing the Voting Delegate submission form, you will be asked to attest that council action was taken. You will need to be signed in to your My Cal Cities account when submitting the form.

Submitting your voting delegate form by the deadline will allow us time to establish voting delegate/alternate records prior to the conference and provide pre-conference communications with voting delegates.

Conference Registration Required. The voting delegate and alternates must be registered to attend the conference. They need not register for the entire conference; they may register for Friday only. Conference registration is open on the Cal Cities website.

Council Action Advised by September 25, 2024
49 For a city to cast a vote, one voter must be present at the General Assembly and in possession of the voting delegate card and voting tool. Voting delegates and alternates need to pick up their conference badges before signing in and picking up the voting delegate card at the voting delegate desk. This will enable them to receive the special sticker on their name badges that will admit the voting delegate into the voting area during the General Assembly.

Please view Cal Cities’ event and meeting policy in advance of the conference.

Transferring Voting Card to Non-Designated Individuals Not Allowed. The voting delegate card may be transferred freely between the voting delegate and alternates, but only between the voting delegate and alternates. If the voting delegate and alternates find themselves unable to attend the General Assembly, they may not transfer the voting card to another city official.

Seating Protocol during General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.

The voting delegate desk, located in the conference registration area of the Long Beach Convention Center in Long Beach, will be open at the following times: Wednesday, Oct. 16, 8:00 a.m.-6:00 p.m. and Thursday, Oct. 17, 7:30 a.m.-4:00 p.m. On Friday, Oct. 18, the voting delegate desk will be open at the General Assembly, starting at 7:30 a.m., but will be closed during roll calls and voting.

The voting procedures that will be used at the conference are attached to this memo.

Please share these procedures and this memo with your council and especially with the individuals that your council designates as your city’s voting delegate and alternates.

Once again, thank you for submitting your voting delegate and alternates by Wednesday, Sept. 25. If you have questions, please contact Zach Seals at [email protected].

Attachments:
• General Assembly Voting Guidelines
• Information Sheet: Cal Cities Resolutions and the General Assembly

50 1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org

General Assembly Voting Guidelines

1. One City One Vote. Each member city has a right to cast one vote on matters pertaining to Cal Cities policy.

2. Designating a City Voting Representative. Prior to the Cal Cities Annual Conference and Expo, each city council may designate a voting delegate and up to two alternates; these individuals are identified on the voting delegate form provided to the Cal Cities Credentials Committee.

3. Registering with the Credentials Committee. The voting delegate, or alternates, may pick up the city's voting card at the voting delegate desk in the conference registration area. Voting delegates and alternates must sign in at the voting delegate desk. Here they will receive a special sticker on their name badge and thus be admitted to the voting area at the General Assembly.

4. Signing Initiated Resolution Petitions. Only those individuals who are voting delegates (or alternates), and who have picked up their city’s voting card by providing a signature to the credentials committee at the voting delegate desk, may sign petitions to initiate a resolution.

5. Voting. To cast the city's vote, a city official must have in their possession the city's voting card and voting tool; and be registered with the credentials committee. The voting card may be transferred freely between the voting delegate and alternates but may not be transferred to another city official who is neither a voting delegate nor alternate.

6. Voting Area at General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.

7. Resolving Disputes. In case of dispute, the credentials committee will determine the validity of signatures on petitioned resolutions and the right of a city official to vote at the General Assembly.

51 Sixty days before the
Annual Conference
and Expo, Cal Cities
members may submit
policy proposals on
issues of importance
to cities. The resolution must
have the concurrence of at least
five additional member cities or
individual members.

How it works: Cal Cities
Resolutions and the General Assembly
General Assembly
General Resolutions Policy Committees
Developing League of California Cities policy is a dynamic process that engages a wide range of members to ensure Cal Cities represents cities with one voice. These policies directly guide Cal Cities’ advocacy to promote local decision-making, and lobby against statewide policies that erode local control.

The resolutions process and General Assembly is one way that city officials can directly participate in the development of Cal Cities policy. If a resolution is approved at the General Assembly, it becomes official Cal Cities policy. Here’s how resolutions and the General Assembly work.

The petitioned
resolution is an
alternate method
to introduce policy
proposals during
the annual conference. The
petition must be signed by
voting delegates from 10% of
member cities, and submitted to
the Cal Cities President at least
24 hours before the beginning
of the General Assembly.

Petitioned Resolutions
The Cal Cities
President assigns
general resolutions
to policy committees
where members
review, debate, and recommend
positions for each policy proposal.

Recommendations are forwarded
to the Resolutions Committee.

Who’s who
The Resolutions Committee
includes representatives
from each Cal Cities
diversity caucus, regional
division, municipal
department, and policy
committee, as well as
individuals appointed by
the Cal Cities president.

Voting delegates
are appointed by each
member city; every city
has one voting delegate.

The General Assembly is a
meeting of the collective
body of all voting
delegates —one from
every member city.

Seven policy committees
meet throughout the year
to review and recommend
positions to take on bills
and regulatory proposals.

Policy committees include
members from each Cal
Cities diversity caucus,
regional division, and
municipal department,
as well as individuals
appointed by the Cal
Cities president.

During the General Assembly, voting delegates
debate and consider general and petitioned
resolutions forwarded by the Resolutions
Committee. Potential Cal Cities bylaws
amendments are also considered at this meeting.

Cal Cities policy
development is a member-
informed process,
grounded in the voices and
experiences of city officials
throughout the state.

For more information visit www.calcities.org/general-assembly Prior to the Annual Conference and Expo
Resolutions Committee
The Resolutions
Committee considers
all resolutions. General
Resolutions approved1 by
either a policy committee
or the Resolutions Committee are next
considered by the General Assembly.

General resolutions not approved, or
referred for further study by both a
policy committee and the Resolutions
Committee do not go to the General
Assembly. All Petitioned Resolutions
are considered by the General
Assembly, unless disqualified.2
During the Annual Conference and Expo
1 The Resolution Committee can amend a general resolution prior to sending it to the General Assembly. 2 Petitioned Resolutions may be disqualified by the Resolutions Committee according to Cal Cities Bylaws Article VI. Sec. 5(f). 52 MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: SEPTEMBER 3, 2024

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

SUBJECT
..titl e
Season’s Senior Villas Request for Estoppel Certificate, Consent to Assignment and Term Extension.
..end

RECOMMENDATION
Approve request by owner of Season’s Senior Villas apartment complex for estoppel certificate and consent to assign makeup of ownership and reject request for term extension. ..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
 Superior Customer Service
 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. 53 CITY COUNCIL MEETING DATE: SEPTEMBER 3, 2024
TITLE: SEASON’S SENIOR VILLAS REQUEST FOR ESTOPPEL CERTIFICATE, CONSENT TO ASSIGNMENT AND TERM EXTENSION.

PAGE: 2

BACKGROUND
On May 17, 1998, the City entered into a Ground Lease with the Chino Housing Investors, L.P. to lease and operate the senior housing project at 13160 6 th Street in the City. The project consists of a 104 unit senior citizen rental housing project for low and very low income households and includes 2 manager’s units, a recreation building 2 laundry facilities and related amenities.

On May 13, 2024, representatives of the tenant requested that the City approve a transfer of the current ownership of the tenant entity. The tenant will remain Chino Housing Investors, L.P., but its ownership will change from its current ownership held by Highridge Costa to S tandard Communities, which City staff and the City Attorneys’ office confirmed is an experienced multifamily apartment project owner and operator. Standard Communities owns and operates nearly 19,500 residential units, including more than 18,400 affordabl e and workforce housing units across the United States. (See Exhibit A.) Per the terms of the Ground Lease, attached as Exhibit B, an assignment requires the consent of the City.

The tenant also seeks to have the Chino Successor Agency and the City cons ent to the assignment under the original disposition and development agreement (“DDA”) between the former Chino Redevelopment Agency and Chino Housing Investors, L.P. The tenant believed this consent is required because the former Chino Redevelopment Agen cy and City were original lenders under the DDA. However, the City Attorney confirmed that the consent is not legally necessary as the DDA accomplished the sale and development of the property and no longer has any legal force or effect.

The estoppel certificate requested by the tenant is a representation by the City that the Ground Lease is still in effect and that Chino Housing Investors, L.P. is not in default under the terms of the Ground Lease. This is typically required when there is a change of o wnership or a request by a tenant to obtain a loan. The estoppel certificate serves as verification in those circumstances to the new owners or lender, respectively, that the Ground Lease remains in full effect.

The tenant also requested that the City ap prove an extension to the term of the lease. The Ground Lease is currently set to expire in 2055. ( Exhibit B) The tenant justified the request by saying that its intent is to be a long -term owner of the property and the relatively short term remaining is inconsistent with the proposed new owner’s planned long term ownership.

ISSUES/ANALYSIS
City staff and the City Attorneys’ office investigated the background of Standard Communities, the proposed new owner of Chino Housing Investors, LP and found t hat it is in good standing and authorized to do business in the City. The materials provided by the tenant with its May 13, 2024 correspondence to the City ( Exhibit A) also demonstrate that Standard Communities has significant experience in operating resi dential communities similar to the Season’s at Chino Apartments Project. As such, the proposed assignment of Highridge Costa’s current interest in Chino Housing Investors, LP to Standard Communities is justified. (Consent to assignment and letter confirming no consent is required for assignment of the DDA are attached at Exhibit C) The Finance Department also confirmed that the latest audited statements of the tenant confirm that operator is in compliance with the provisions of the Multifamily Housing Mor tgage Revenues Bonds originally issued as part of the DDA. There were also no outstanding amounts 54 CITY COUNCIL MEETING DATE: SEPTEMBER 3, 2024
TITLE: SEASON’S SENIOR VILLAS REQUEST FOR ESTOPPEL CERTIFICATE, CONSENT TO ASSIGNMENT AND TERM EXTENSION.

PAGE: 3

due to the City for rent or other financial obligations by tenant to the City under the Ground Lease.

Additionally, on August 22, City staff inspected the Sea son’s at Chino Apartments Project site.

City staff confirmed that no major maintenance issue or other concerns exist at the site. They did identify some deferred maintenance items, such as required landscaping improvements, dry rot areas and deterioratin g iron fencing at places. The tenant’s representatives, who accompanied City staff on the inspection, noted all deferred maintenance areas identified by City staff and agreed to address them.

The above confirms that issuance of the estoppel certificate confirming tenant’s compliance with the terms of the lease would be appropriate. As such, the City Attorney’s office and proposed new tenant’s legal counsel negotiated the proposed estoppel certificate attached as Exhibit D.

As for the requested extension of the Ground Lease term, City staff do not support an extension at this time. Over 30 years remain on the current term and the proposed new owners are not committing to make any significant improvements, increase the rent amounts payable to City, or make any other concession to the City in exchange for the additional term. Indeed, market conditions could change in 30 years and it would be prudent to preserve the City’s rights to make adjustments to the terms of the lease at that time rather than committi ng to lock in the current terms now for a longer period.

Attachments: Exhibit A - D

55 May 13, 2024

VIA FEDEX AND EMAIL

City of Chino
13220 Central Avenue
Chino, CA 91710
Attn: City Manager

Fred Galante
City Attorney
City of Chino
13220 Central Avenue
Chino, CA 91710
email: [email protected]
Re: Request for Consent to Ground Lease Transfer:

Project: Seasons at Chino Apartments Project
Address: 13160 6th Street, Chino, CA
Tenant: Chino Housing Investors, L.P.

Landlord: City of Chino
Agreement: Ground Lease dated March 17, 1998 by and between Landlord and Tenant (the “Ground Lease”)

Ladies and Gentlemen:

This letter constitutes notice that Tenant intends to effectuate certain organizational transfers within Tenant, constituting a transfer of the Ground Lease, as more particularly described herein (the “Transfer”).

Tenant’s current organizational structure is set f orth on Exhibit A-1. The interest s in Tenant currently held by affiliates of Highridge Costa will be transferred to affiliates of Standard Communities, with the final intended structure of Tenant set forth on Exhibit A-2. The Transfer will be consummated pursuant to amendment s to Tenant’s and its constituent entities’ organizational documents.

Standard Communities is an experienced multifamily apartment project Tenant and currently owns nearly 19,500 residential units (including, more than 18,400 affordable and workforce housing units) across the United States . A company overview for Standard Communities and its key principals, Scott Alter and Jeffrey Jaeger, is attached as Exhibit B. 56

Page 2 ends

3008/029060-0329
20582029.1 a05/13/24

In connection with the consummation of the Transfer or shortly thereafter, Tenant is considering engaging Apartment Management Consultants, L.L.C., a Utah limited liability company (“AMC”) as the new property manager of the Project. A company overview for AMC is attached as Exhibit C.

Tenant requests that Landlord consent to the Transfer with respect to the Ground Lease or otherwise advise what further documentation Landlord may require in order to evaluate the Transfer as soon as possible after receipt of this letter.

Please direct communication on this matter to Keith Dragoon and Jordan Tessier of Rutan & Tucker, LLP. Should you have any questions regarding the foregoing, please do not hesitate to contact such individuals.

Very truly yours,

STANDARD COMMUNITIES

Keith Dragoon, Managing Director

cc (via email): Robert Burns ([email protected])
Traci Smith ([email protected])
Mr. Keith Dragoon ([email protected])
Jordan Tessier, Esq. ([email protected])

57 Exhibit A-1

Pre-Transfer (Existing) Organizational Chart

58 Exhibit A-2

Post-Transfer (Proposed) Organizational Chart

59 Exhibit B

Company Overview - Standard Communities

60 3008/029060-0329
20582029.1 a05/13/24

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78 Exhibit C

Company Overview - AMC

79 3008/029060-0329
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84 FREE RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

THE CITY OF CHINO
13220 Central Avenue
Chino, CA 91710
Attn: City Clerk
(Space Above This Line for Recorder's Office Use Only)

GROUND LEASE
, By and Between

THE CITY OF CHINO
and
CHINO HOUSING INVESTORS, L.P.
487/062212-0041/31324l2 7 aOJ/17/98
I
85 FREE RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO: COPY of Document Recorded
on�M ;;1.4, r'19tas No. L0,32'=,Q
has not been compared with original.

SAN BERNARDINO COUNlY

THE CITY OF CHINO
13220 Central Avenue
Chino, CA 91710
Attn: City Clerk
(Space Above This Line for Recorder's Office Use Only)

GROUND LEASE
By and Between

THE CITY OF CHINO
and
CHINO HOUSING INVESTORS, L.P.
487/062212-0041/3132412 7 a03/17/98
86 ·• TABLE OF CONTENTS

1. LEASE OF THE SITE

2. LEASE TERM .
3 .

4. RENT

3.1 3.2

3.3 USE

4.1 4.2

4.3 4.4

4.5 4.6

4.7 4.8
Rent - Net Operating Income
Net Lease ...

Payment of Rent ..

FOR RESIDENTIAL RENTAL SITE
Purpose ..... .

Residential Use ..

Conversion of Units
Preference to Eligible Tenants
Resident Manager and Staff Units
Liability of Lessee
HOME Program
No Unlawful Use ...

5. OCCUPANCY OF PROJECT BY ELIGIBLE LESSEES

5.1 Definitions . . . . 5.2 Occupancy Levels

5.3 Rental Rates

5.4 Occupancy By Eligible Tenant

5.5 Income Computation Certificate

5.6 Rental Priority . . . . . . . . 5.7 Renting Vacant Units

5.8 Recertification . . . . . . . . .
.
. . . . . . .
.
. . . . . 5.9 Certificate of Continuing Program Compliance

5.10 Maintenance of Records . . . . 5.11 Leases . . . . . . . . 5.12 Conflicts . . . . . .

6. UTILITIES AND TAXES

6.1 Utilities . . . . . . 6.2 Real Estate Taxes . . . . . 6.3 Personal Property Taxes

6.4 Possessory Interest Taxes . . . .

7. OWNERSHIP OF IMPROVEMENTS, FIXTURES AND FURNISHINGS

7. 1 Ownership During Term . . . . . .
. . .
.
.

7.2 Ownership at Termination ...... .

8. 9.

MAINTENANCE . . . . . . .

8.1 Lessee to Maintain Site .

8.3 City Right to Repair
MANAGEMENT . ...... . .

9.1 Approval of On-Site Manager .

9.2 Gross Mismanagement .... .

9.3 Security .... .... .
487/062212-0041/3132412 7 aOJ/17/98 -i-
Page
2 2
2 2
3 3
3 3
4 4
4 4
4 4
5 ,
5 5
6 6
7 7
7 8
8 9
9 10
10 10
10 10
11 12
12 12
12 12
12 15
16 16
16 17
87 • •
10 . COMPLIANCE WITH LAWS
!1. INDEMNIFICATION

12. INSURANCE

12. 1 Duty to Procure Insurance .

12. 2 Failure to Procure Insurance

12. 3 Insurance Proceeds Resulting From
to Improvements
Loss or Damage

13. DAMAGE OR DESTRUCTION

14. 15.

EMINENT DOMAIN . ...

14. 1 Condemnation

14. 2 Allocation of the Award

14. 3 City or Agency Condemnation

14. 4 Transfer in Lieu of Condemnation

ENVIRONMENTAL MATTERS

15. 1 Definitions ..

15. 2 Due Diligence ..

15. 3 Indemnification

15.4 Duty to Prevent Hazardous Material
Contamination . . . .. .

Obligation .. ... . 15. 5

15. 6

15.7 15.8

15.9 Right of Entry ... ..... .

Storage or Handling of Hazardous Materials
Environmental Inquiries .... . .

Costs of Environmental Compliance . . . .. . .

16. ALTERATION OF IMPROVEMENTS .

16. 1 Alterations ... .

16. 2 Mechanic's Liens ... .

16. 3 Signs .......... .

17. ASSIGNMENT AND SUBLETTING

18. 17. 1 Definition of Transfer

17. 2 Limitation on Transfers

17.3 Request for Consent .

17. 4 No Release

17.5 Lease Approval
PERMITTED ENCUMBRANCES .

18. 1 Right to Encumber .

18. 2 No Subordination of Fee

18. 3 Assignment by Foreclosure- ..

18. 4 Consent of Lienholder

18. 5 Termination and Other Remedies

18. 6 Right to Cure ... .. ... .

18. 7 Obligations of Lienholder in Possession

18. 8 Non-Merger of Fee and Leasehold Estates .

18.9 Lienholder's Right to New Lease .. .. .
487/062212-0041/3132412 7 f03117/98 -ii-
17 18
18 18
21 21
22 23
23 23
24 24
24 24
26 26
26 27
.27
27 28
28 29
29 29
30 30
30 30
31 31
31 31
31 32
32 32
33 33
33 33
34 88

19. 20 .
• •

18.10 Right of City to Cure Default .

EVENTS
19 .1
19 .2
19 .3
19 .4
19 .5
19 .6
OF DEFAULT AND REMEDIES .. ..

Events of Default by Lessee ..

Remedies of City .. .. . .

Right of City in the Event of Ter:mination of
Lease . . . . . . . . . . . . . . . . . .

Damages . . . . . . . . . . . . . . . .

City Remedy for Excessive Rent Charge ..

Rights and Remedies are Cumulative
NONDISCRIMINATION . . . . . .... .. . .
20 .1 Anti-discrimination .. .... .
20 .2 No Discrimination Clauses in Agreements
21 . NONDISCRIMINATION IN EMPLOYMENT
22 . LABOR STANDARDS
23 . AGENCY THIRD-PARTY BENEFICIARY .
24 . MISCELLANEOUS
24 .1 Attorneys' Fees .

24.2 Amendments
24 .3 Notice ... .

24.4 Holding Over
24 .5 Conflict of Interest
24 . 6 Relationship . . . . . . . . .
24 .7 Quitclaim Deed . . . . . ...
24 . 8 Headings . . . . . . . . . . . .
24 .9 Estoppel Certificate . . . . . . .. .
24 .1 0 Severability ... .

24.11 Waiver ... .
24 .1 2 Integration ..
24 .1 3 Governing Law .

24.14 Entry and Inspection
24 .1 5 Transfer by City
24 .1 6 Counterparts .. ..

ATTACHMENT NO . 1
ATTACHMENT NO . 2
ATTACHMENT NO . 3

LEGAL DESCRIPTION OF PROJECT

LEGAL DESCRIPTION OF HOME PARCEL

HOME INVESTMENT PARTNERSHIPS PROGRAM

REQUIREMENTS
35 35
35 36
37 37
38 39
39 39
39 40
40 41
41 41
41 41
42 42
42 42
43 43
43 43
43 43
43 44
44 ATTACHMENT NO . 4 CERTIFICATE OF CONTINUING PROGRAM COMPLIANCE

REDEVELOPMENT AGENCY OF THE CITY OF CHINO,

CALIFORNIA
487/062212-0041/3132412 7 103/17/98 -iii-
89 • • GROUND LEASE
THIS GROUND LEASE (this "Lease") is made and entered into this 17th day of March, 1998, by and between the CITY OF CHINO, a municipal corporation ("City"), and CHINO HOUSING INVESTORS, L.P., a California limited partnership ("Lessee").

A. City owns that certain land located in the City of Chino, County of San Bernardino, State of California, more particularly described in Attachment No. 1, attached hereto and incorporated by reference herein (the "Site"). The Site as defined herein does not include any of the Improvements (as hereinafter defined) constructed thereon. The Site is located within the Central City Redevelopment Project Area.

B. The Site has-been improved with a senior citizen rental housing project for low and very low income households consisting of one hundred four (104) units, including two (2) manager's �nits together with a recreation building, two (2} laundry facilities and related amenities ("Improvements") more particularly described in the DDA. The Site and the Improvements are collectively referred to herein as the "Project."
C. Pursuant to a Disposition and Development Agreement by and between the City, the Redevelopment Agency of the City of Chino, a public body, corporate and politic ("Agency") and Lessee, dated March 17, 1998 (the "DDA"}, City desires to lease to Lessee and Lessee desires to lease from the City the Site for the purposes set forth in the DDA. A copy of the DDA is on file in the City Clerk's office. Any capitalized terms not defined herein shall have the meanings ascribed to them in the DDA.

D. City has conveyed ownership of the Improvements to Lessee pursuant to that certain Grant Deed recorded simultaneously with recordation of this Lease in the San Bernardino County Recorder's Office ("Grant Deed").

E. Lessee has executed a Promissory Note in favor of City of even date herewith in the principal amount of THREE HUNDRED THIRTY NINE THOUSAND THREE HUNDRED TWELVE DOLL ARS ($339, 312.00} ("Note"} evidencing a loan from the City to Lessee for a portion of the cost of the Improvements pursuant to the terms of the DDA. Repayment of the Note is secured by (i) a Deed of Trust recorded concurrently with this Lease which encumbers Lessee's leasehold interest hereunder ("Deed of Trust"} and (ii) a UCC-1 financing statement. ' - F. Pursuant to Section 42 of the Internal Revenue Code, California Health and Safety Code Sections 50 199.6-50199.19, California Revenue and Taxation Code Sections 170 57. 5, 170 58, 487/062212--004l/3132412 7 aOJ/17/98
90 • • 23610.4 and 23610.5 and applicable federal and state regulations, the State of California Tax Credit Allocation Committee {"TCAC") has given a final reservation to Lessee for the issuance of tax credits in an amount equal to TWO HUNDRED EIGHTY-SEVEN THOUSAND EIGHT HUNDRED ELEVEN AND NO/100 DOLLARS {$287,811.00) ( 11 LIHTC 11 ) • Pursuant to TCAC requirements for issuing the tax credits, the Lessee must record a Regulatory Agreement encumbering Lessee's leasehold interest under this Lease ("TCAC Regulatory Agreement").

G. On January 28, 1998, Agency received from the California Debt Limit Allocation Committee ( 11 CDLAC 11 ) an allocation of SIX MILLION FOUR HUNDRED THOUSAND DOLLARS ($6,400,000.00) of multi family housing revenue bonds {"Bonds") for the purpose of loaning the proceeds to Lessee to pay the City a portion of the purchase price for the Improvements and other costs and expenses. Repayment of the Bonds shall be secured by a first priority deed of trust encumbering Lessee's interest in this Lease ( "Bond Deed of Trust") .

Pursuant to the Internal Revenue Code, recordation of a regulatory agreement ("Bond Regulatory Agreement") encumbering Lessee's interest in this Lease will be required.

NOW, THEREFORE, for and in consideration of the mutual
promises contained herein, City and Lessee hereby covenant and agree to the following terms and conditions of this Lease which have been agreed to in good faith.

1. LEASE OF THE SITE. City, for and in consideration of the rents, covenants and agreements hereinafter reserved and contained herein to be paid, kept, performed and observed by Lessee, hereby leases to Lessee and Lessee hereby leases from City the Site.

2. LEASE TERM. The term of this Lease shall commence on the date this Lease is recorded in the Official Records of the San Bernardino County Recorder {the "Commencement Date") and shall continue for a period of fifty-seven {57) years thereafter unless sooner terminated as provided herein.

3.1 Rent - Net Ooerating Income. Lessee will pay to the City Net Operating Income {as hereinafter defined) generated by the Project as rent {"Rent"). The term "Net Operating Income" for any calendar year shall mean {a) eighty-seven percent {87%) of all gross income derived by Lessee from the Project including, without limitation, all rental income paid by or on behalf of tenants, all rental subsidy payments made by governmental agencies to Lessee, and income from any source related to Lessee's leasing and opera tion of-the Project, but excluding any proceeds received by Lessee from an approved sale of its interest in the Project or sale of its partnership interests, proceeds from any loans, refinancing of debt, security deposits from subtenants of the Project and interest thereon {except to the extent retained by Lessee as a result of a default by a subtenant under its lease or otherwise), and partner ship capital contributions; less {b) {i) payment of the installments 487/062212�1/3l32412 7 aOJ/17/98 -2-
91 • • of principal and interest owing on the Bonds; (ii) all out-of pocket expenses actually and reasonably incurred by Lessee in leas ing, operating, maintaining, and repairing the Project during such year (excluding insurance proceeds and any costs or expenses paid or reimbursed by third parties) including without limitation rea sonable third party costs for accounting fees, audit costs and fees for preparation of tax returns, insurance, taxes, and capital main tenance, improvements and repair expenses for the Project; (iii) the net amount of the reserve for capital repairs and replacements required under Section 8.2 of this Lease; and (iv) any scheduled loan payments for loans permitted by Sections 8.1, 9. 3, 10, 13 or

15.9 of the Ground Lease. Net Operating Income shall be calculated on a cash basis without regard to any carry-over of profit or loss from any prior calendar year . Notwithstanding anything herein to the contrary in no event shall the following expenses be deducted from the income derived by Lessee from the Project: (A) any proper ty management fee, asset management fee or any fee payable to any partner or affiliates of any partner of Lessee; (B) salaries, com pensation, benefits, to any officer, director, employee of Lessee or its general partner; or (c) overhead of Lessee or its general partner, including rent and general office expenses .

3.2 Net Lease . It is the intent of the parties hereto that the rent provided herein shall be net to the City and that Lessee shall pay all costs, taxes, charges and expenses of every kind and nature against the Site and the Improvements which may arise or become due during the term of this Lease (all third party costs and expense reasonable in nature are authorized expenses in calculating Net Operating Income in accordance with Section 3.1 above) . The parties understand and acknowledge that the part of the consideration for this Lease is the performance of the covenants set forth in this Lease and the DDA, including the covenants to rent the units to Eligible Tenants (as hereinafter defined} at Affordable Rents (as hereinafter defined) pursuant to Articles 4 and 5 of this Lease .

3. 3 Payment of Rent . All rent that becomes due and payable pursuant to this Lease shall be paid to the City at the address listed in Section 24 .3 or such other place as the City may from time to time designate by written notice, without notice or demand and without set-off, counter-claim, payment, deferment, suspension or deduction .

4. USE FOR RESIDENTIAL RENTAL SITE . The Lessee hereby agrees that the Project is to be used, leased, managed, and operated as a project for very low and low income senior citizen residential rental purposes for the term of this Lease . To that end, and for the term of this Lease, the Lessee hereby represents, covenants, warrants and agrees as follows:

4.1 Purpose . The Site will be leased to Lessee for the purpose of providing very low and low income senior citizen rental housing, and the Lessee shall lease, manage, maintain and operate the Site to provide very low and low income senior citizen rental 487/062212-0041/3132412 7 aOJ/17/98 -3-
I
92 • • housing. During the term of this Lease the Project shall be devoted to those uses as set forth in this Lease, the DDA, the TCAC Regulatory Agreement, the Bond Regulatory Agreement-, the Redevelopment Plan and any regulations promulgated pursuant to the HOME Investment Partnerships Program (42 U.S.C. § 12741 et seq.); 24 Code Federal Regulations § 92 et seq.; California Health and Safety Code § 50896 and 25 California Code Regulations § 820 0 et seq. ) which are applicable to the Home Parcel (as defined in Section 4.7 below} Project ("Home Regulations"). In the event of any conflict among said documents, the most restrictive document shall control.

4.2 Residential Use. None of the dwelling units in the
Project will at any time be utilized on a transient basis or will ever be used as a hotel, motel, dormitory, fraternity house, sorority house, rooming house, nursing home, hospital, sanitarium or trailer court or park without the City's prior consent which consent may be given or withheld in its sole and absolute discretion.

4.3 Conversion of Units. No part of the Project will at any time be owned by a cooperative housing corporation, nor shall the Lessee take any steps in connection with the conversion to such ownership or uses to condominiums, or to any other form of ownership, without the prior written approval of City which approval may be given or withheld in its sole and absolute discretion.

4. 4 Preference to Eligible Tenants. All of the dwelling units will be available for rental in accordance with the terms of this Lease and the Lessee shall not give preference to any particular class or group in renting the dwelling units in the Project, except to the extent that the dwelling units are required to be leased or rented to Eligible Tenants (as hereinafter defined) and except as provided in Section 5.6 below.

4.5 Resident Manager and Staff Units. Two (2), and only two (2), dwelling units in the Project shall be occupied by resident managers. The resident manager units shall be taken from the units reserved for occupancy by Low Income Senior Citizen Tenants (as hereinafter defined).

4. 6 Liability of Lessee. Lessee shall not incur any
liability under this Lease as a result of fraud or intentional misrepresentation by a tenant.

4. 7 HOME Program. Because the source of funds for the
acquisition of the HOME Parcel as more particularly described on Attachment No. "2" attached hereto ( "Home Parcel") was received from the HOME Program, the portion of the Project located on the HOME Parcel must be operated in compliance with all the requirements of the HOME Program and the HOME Agreement, including, but not limited to, those requirements which are summarized in Attachment No. 3 attached hereto and incorporated herein by 487/062212-0041/3132412 7 a03/17/98 -4-
93 • • reference. In the case of any conflict between the requirements of the HOME Program and the summary included in Attachment No. 3, the HOME Program shall control.

4. 8 No Unlawful Use. Lessee shall not use the Project for any purpose that is in violation of any law, ordinance, regulation or order of any federal, state or local governmental body. In connection therewith, Lessee covenants and agrees that it shall not operate or devote the Project to uses prohibited by the Federal Fair Housing Act and California Civil Code Sections 51. 2-51. 4, the Redevelopment Plan, this Lease, the applicable zoning restrictions and the terms of the DDA. Lessee shall comply with all
requirements imposed upon the-Lessee and the Site by TCAC and the California Debt and Investment Advisory Commission ( "CDIAC"), including without limitation, installation within the Project,· at Lessee's sole cost and expense, any security systems or other improvements which are not installed as of the commencement date of this Lease or provided for in the plans and specifications for the Project which are required for the Project to qualify for the Bonds and/or the LIHTC.

5. OCCUPANCY OF PROJECT BY ELIGIBLE LESSEES.
represents, warrants, and covenants as follows:

5. 1 Definitions.

Lessee hereby
(a) Affordable Low Income Rent. As used in this
Lease, the term "Affordable Low Income Rent" shall mean annual rentals whose amount does not exceed the maximum percentage of income that can be devoted to rent as set forth by Health & Safety Code Section 50053, or its successor, which is
currently thirty percent (30%) of sixty percent (60%) of the San Bernardino County Median Income for two (2) persons if a one-bedroom unit, and four (4) persons, if a two-bedroom unit. (b) Affordable Rent. As used in this Lease, the term
"Affordable Rent" shall refer to collectively Affordable Low Income Rent and Affordable Very Low Income Rent.
(c) Affordable Very Low Income Rent. As used in this
Lease, the term "Affordable Very Low Income Rent" shall mean annual rentals whose amount does not exceed the maximum percentage of income that can be devoted to rent as set forth by Health & Safety Code Section 50 053, or its successor, which is currently thirty percent (30% ) of fifty percent (50%) of the San Bernardino County Median Income for two (2) persons, if a one-bedroom unit, and four (4) persons, if a two-bedroom unit.
(d) Eligible Tenant. As used in this Lease, the term
"Eligible Tenant" shall refer to' collectively a Low Income Senior Citizen Tenant and a Very Low Income Senior Citizen Tenant who is a United States citizen or qualified alien to the extent required by applicab�e federal or state law, 487/062212-0041/3132412 7 aOJ/17/98 -5-
94 • • /
including without limitation, the "Personal Responsibility and Work Opportunity Reconciliation Act. " Lessee shall be solely responsible for confirming that each Eligible Tenant is a United States citizen or qualified alien.
(e) Low Income Senior Citizen Tenant. As used in this
Lease, the term "Low Income Senior Citizen Tenant" shall mean those Senior Citizens whose income does not exceed sixty percent (60%) of the San Bernardino County Median Income. (f) San Bernardino County Median Income. For purposes
of this Lease, the "San Bernardino County Median Income" shall be determined by reference to the regulations published by the California Department of Housing and Community Development pursuant to Health and Safety Code Section 50 093, or its successor.
(g) Senior Citizen. For purposes of this Lease, the
term "Senior Citizen" shall mean the person, persons or family with at least one member of the household residing permanently in the unit who is fifty-five (55) years of age or older. (h) Very Low Income Senior Citizen Tenant. As used in
this Lease, the term "Very Low Income Senior Citizen Tenant" shall mean those Senior Citizens whose income does not exceed fifty percent (50 %) of the San Bernardino County Median Income.

5. 2 Occuoancy Levels. Throughout the term of this Lease, not less than seventy (70} of the one-bedroom units in the Project shall be continuously occupied or held vacant and available for occupancy by Low Income Senior Citizen Tenants; not less than eighteen (18) of the one-bedroom units in the Project shall be continuously occupied or held vacant and available for occupancy for Very Low Income Senior Citizen Tenants; not less than thirteen (13} of the two-bedroom units in the Project shall be continuously occupied or held vacant and available for occupancy by Low Income Senior Citizen Tenants; and not less than three (3) of the two bedroom units in the Project shall be continuously occupied or held vacant and available for occupancy by Very Low Income Senior Citizen Tenants.

5. 3 Rental Rates. During the term of this Lease, Lessee hereby agrees to rent those units occupied by Low Income Senior Citizen Tenants at no greater than Affordable Low Income Rent and to rent those units occupied by Very Low Income Senior Citizen Tenants at no greater than Affordable Very Low Income Rent. Lessee further agrees that no more than two (2} persons shall occupy each one-bedroom unit and no more than four (4} persons shall occupy each two-bedroom unit. With respect to the units located on the HOME Parcel, the rental rates charged for said units shall not exceed the rates set forth above or the rents permitted under 24 C. F. R. Section 92. 252, whichever is more restrictive. 487/062212-0041/3132412 7 aOJ/17/98 -6-
95 • • 5. 4 Occupancy By Eligible Tenant. A unit occupied by a Low Income Senior Citizen Tenant or a Very Low Income Senior Citizen Tenant, as applicable, who, at the commencement of their occupancy is a Low Income Senior Citizen Tenant or a Very Low Income Senior Citizen Tenant, respectively, shall be treated as occupied by a Low Income Senior Citizen Tenant or a Very Low Income Senior Citizen Tenant, respectively, until a recertification of such tenant's income in accordance with Section 5.8 below demonstrates that such tenant no longer qualifies as a Low Income Senior Citizen Tenant or a Very Low Income Senior Citizen Tenant. Moreover, a unit previously occupied by a Low Income Senior Citizen Tenant or a Very Low Income senior Citizen Tenant and then vacated shall be considered occupied by a Low Income Senior Citizen Tenant or a Very Low Income Senior Citizen Tenant, as applicable, until reoccupied, other than for a temporary period, at which time the character of the unit shall be redetermined. In no event shall such temporary period exceed thirty-one {31) days.

5.5 Income Computation Certificate. Immediately prior to an Eligible Tenant's occupancy of a unit, Lessee shall obtain and maintain on file an Income Computation and Certification form {which form shall be approved in advance by the City) from each such Eligible Tenant dated immediately prior to the date of initial occupancy in the Project by such Eligible Tenant. In addition, the Lessee will provide such further information as may be required in the future by the City. Lessee shall use its best efforts to verify that the income provided by an applicant is accurate by taking any of the following steps as a part of the verification process: (i) obtain three (3) pay stubs for the most recent pay periods; (ii) obtain a written verification of income and employment from applicant's current employer; ( iii) obtain an income verification form from the Social Security Administration and/or California Department of Social Services if the applicant receives assistance from either agency; (iv) obtain other verification of such applicant's income as is satisfactory to the City; or (v) such other information as may be requested by the City. A copy of each such Income Computation and Certification shall be filed with the City prior to the occupancy of a unit by an Eligible Tenant whenever possible, but in no event more than thirty (30 ) days after initial occupancy by said tenant.

5.6 Rental Priority. During the term of this Lease and to the extent permitted by applicable federal, state and local law, ordinance and regulation, Lessee shall use its best efforts to lease vacant units reserved for credit-worthy Eligible Tenants in the following order of priority: (i) displaced persons entitled to a preference pursuant to California Health and Safety Code Section 33411. 3 or successor statute, with highest priority in this category to residents of the City of Chino; (ii) current residents of the City of Chino; and (iii) other persons meeting the eligibility requirements of this Lease. Lessee shall and Agency may maintain a list ( the "Housing List"} of persons who have notified Lessee, Agency and/or City of their desire to rent a unit in the ProJect and who have incomes whi�h would qualify them as an 487/062212-0041/3132412 7 a0J/17/98 -7-
96 • • Eligible Tenant, and Lessee shall offer to rent units on the above referenced priority basis. Should multiple tenants be equally eligible and qualified to rent a unit, Lessee shall rent available units to Eligible Tenants on a first-come, first-served basis.

During the term of the Bond Regulatory Agreement and/or the HOME Agreement, the provisions of this Section shall not apply to the extent the provisions hereof violate the requirements of the LIHTC regulations and/or the HOME Program.

5. 7 Renting Vacant Uni cs. When a unit becomes available as a result of termination a tenant's lease, Lessee shall rent the unit to an Eligible Tenant in accordance with the following procedure:
(a) Lessee shall rent any vacant unit in the order of
priority as set forth above; and
(b) If after and despite Lessee's best efforts, Lessee
is unable to rent a unit in the Project reserved for a Very Low Income Senior Citizen Tenant, Lessee may rent said unit to a Low Income Senior Citizen Tenant. For the purposes of this Lease, Lessee shall have been deemed to have used his/her best efforts if he/she has advised the City in writing as to the unit's availability and has thereafter offered said unit to all of the qualified persons on the Housing List maintained by Lessee and Agency pursuant to Section 5.6 above. Lessee's obligation to offer the unic to persons on the Agency's Housing List shall be satisfied only if Lessee has offered the unit to all persons on or added to the Housing List on the date of the Lessee's notice of the unit's availability.

5.8 Recertification. Immediately prior to the first
anniversary date of the occupancy of a unit by an Eligible Tenant and on each anniversary date thereafter, Lessee shall recertify the income of such Eligible Tenant by obtaining a completed Income Computation and Certification based upon the current income of each occupant of the unit. In the event the recertification
demonstrates that the household income of a Very Low Income Senior Citizen Tenant exceeds the income at which such household would qualify as a Very Low Income Senior Citizen Tenant, such household will no longer qualify as a Very Low Income Senior Citizen Tenant; provided, however, that the occupant may qualify as a Low Income Senior Citizen Tenant if the occupant satisfies the requirements to be a Low Income Senior Citizen Tenant upon recertification; and, in such event, Lessee shall rent the next available unit of comparable size to a Very Low Income Senior Citizen Tenant so that the Project complies with Section 5.2 to the extent possible. If the occupant's income exceeds the maximum amount which would qualify the occupant as a Low Income Senior Citizen Tenant, then Lessee shall allow such occupant to occupy the unit and the rent shall be the Affordable Low Income Rent and the occupant shall be deemed to be a Low Income Senior Citizen Tenant; provided, however, that if the occupant's income exceeds eignty percent (80%) of the San Bernardino County Median Income, the rent may be set at an amount 487/062212-0041/3132412 7 aOJ/17/98 -8-
97 • • equal to thirty percent (30%) of the tenant's monthly income as disclosed by the Income Computation and Certification submitted for the applicable year. If the ineligible tenant becomes an Eligible Tenant upon recertification, Lessee shall continue to rent the unit to the Eligible Tenant at the Affordable Rent of the income category that the Eligible Tenant falls within during
recertification. If the income category that the Eligible Tenant falls wittiin during the recertification is different from the income category the Eligible Tenant originally fell within, Lessee shall rent the next available unit to another Eligible Tenant so that the Project complies with Section 5.2 to the extent possible.

Lessee shall provide the City with a copy of each such
recertification with the next submission of Certificate of Continuing Program Compliance pursuant to Section 5.10.

As long as the Bond Regulatory Agreement is in effect, Lessee shall be deemed to satisfy the recertification requirements of this Section by submitting a copy of the CDIAC recertification documents to City so long as the CDIAC recertification documents contain all of the information required in this Section. Upon termination of the Bond Regulatory Agreement the recertification provisions of this Section shall control.

5.9 Certificate of Continuing Program Compliance. On or before September 1 of each year during the term of this Lease commencing with the year the Certificate of Completion is recorded against the Site and Improvements, the Lessee shall annually advise the City of the occupancy of the Project by delivering a Certificate of Continuing Program Compliance in the form attached hereto as Attachment No. 4 stating (i) the dwelling units of the Project which were occupied or deemed occupied pursuant to Section

5. 4 by a Low Income Senior Citizen Tenant or a Very Low Income Senior Citizen Tenant during such period (ii) that each Eligible Tenant is a United States citizen or qualified alien if required by law, and ( iii) that to the knowledge of Lessee either (a) no unremedied default has occurred under this Lease, the (b) a default has occurred, in which event the certificate shall describe the nature of the default and set forth the measures being taken by the Lessee to remedy such default.

As long as the Bond Regulatory Agreement is in effect, Lessee / shall be deemed to satisfy the Certificate of Continuing Program compliance requirements of this Section by submitting a copy of the Certificate of Compliance required by the Bond Regulatory Agreement to City so long as the CDIAC Certificate of Compliance contains all of the information required to be provided pursuant to this Section. Upon termination of the Bond Regulatory Agreement and issuance of the Certificate of Compliance, the provisions of this Section shall control.
5 .10 _ Maintenance of Records. Lessee shall maintain complete and accurate records pertaining to the units, and shall permit any duly authorized representative of the City or Agency during normal business hours to inspect the books and records of Lessee 487/062212-0041/3l32412 7 a0J/17/98 -9-
98 • • pertaining to the ProJect including, but not limited to, those records pertaining to the occupancy of the dwelling units. At the time each rent payment is due hereunder, City shall require that Lessee provide a full accounting to City and Agency of the amount of Net Operating Income for the preceding year. Lessee shall maintain full, complete, accurate, and auditable books, records, and accounts of Net Operating Income and the reserve accounts as set forth in Section 8.2 for a period of four (4} years unless a dispute exists as to such records in which event Lessee shall retain such records until the dispute is resolved. City and Agency shall have the right at reasonable times upon request, to examine and inspect all of the books and records of Lessee for the purpose of investigating and verifying the accuracy of any payment by Lessee which is based upon the calculation of Net Operating Income and all items upon which Net Operating Income is calculated. City or Agency may cause an audit of Lessee's books and records to be made.by an accountant of their selection and if the statement of Net Operating Income shall be found to be under-reported, then and in that event, there shall be an adjustment and Lessee shall pay on demand such sums as may be necessary to settle in full the accurate amount that should have been paid covered by such inaccurate statement and payment.
5 .11 Leases. Each lease with an Eligible Tenant shall
contain a provision to the effect that Lessee has relied on the income certification and supporting infonnation supplied by the tenant in determining qualification for occupancy of the unit, and that any material misstatement in such certification (whether or not intentional) will be cause for immediate termination of such lease. All leases entered into with respect to the HOME Parcel shall comply with the HOME Program, including 24 C.F.R. Section

92.253.

5.12 Conflicts. The provision(s) set forth in this Lease shall apply only in the event, and to the extent, such provisions are not in conflict with Internal Revenue Code provisions, IRS regulations, the Low Income Tax Credit Program, the TCAC Regulatory Agreement or the Bond Regulatory Agreement. In the event of any conflict the most restrictive provisions of the above referenced restrictions shall control.

6. UTILITIES AND TAXES.

6.1 Utilities. Lessee shall pay or cause to be paid all charges for gas, electricity, water, sewer, garbage collection, cable television, and other utilities furnished to the Site and the Improvements and all sewer use charges, hookup or similar charges or assessments for utilities levied against the Site and the Improvements for any period included within the term of this Lease.

6.2 Real Estate Taxes.
(a) As used herein, the term II real estate taxes" shall mean all real estate taxes, assessments, municipal or county 487/062212--0041/3132412 7 aOJ/17/98 -10-
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water and sewer rates and charges, or any other assessments or taxes which shall be levied against the Site, or the
Improvements, or any interest therein, whether general, special, ordinary or extraordinary and any license fee, commercial rental tax, improvement bond or bonds, levy or tax imposed on the Site or the Improvements by any authority having the direct or indirect power to tax, including any legal or equitable interest of City in the Site, against City's right to rent or other income therefrom or against City's business of leasing the Site. The term "real estate taxes" shall also include any tax, fee, levy, assessment or charge (i) in substitution of, partially or totally, any tax, fee, levy, assessment or change hereinabove included within the definition of real estate taxes; (ii) the nature of which•. was hereinbefore included within the definition of real estate taxes; (iii) which is imposed for a service or right not charged prior to June 1, 19 78 or, if previously charged, has been increased since June 1, 1978; (iv) which is imposed as a result of a transfer, either partial or total, of City's interest in the Site or which is added to a tax or charge hereinbefore included within the definition of real estate taxes by reason of such transfer; or (v) which is imposed by reason of this Lease, any modification or changes thereto, or any transfers thereof.
(b) Lessee shall pay prior to delinquency all real
estate taxes levied against the Site or the Improvements during the term of this Lease. Any real estate taxes which are payable by Lessee hereunder shall be prorated between City and Lessee as of the Commencement Date and then again at the expiration or earlier termination of the term of this Lease.

If Lessee shall fail to pay any such taxes, City shall have the right to pay the same, in which case Lessee shall repay such amount to City upon demand together with interest at the maximum non-usurious rate permitted by law.
(c) Lessee shall have the right to contest the amount
or validity of any real estate taxes, in whole or in part, by appropriate administrative and legal proceedings, without any costs or expense to City, and Lessee may postpone payment of any such contested real estate taxes pending the prosecution of such proceedings and any appeals so long as such
proceedings shall operate to prevent the collection of such real estate taxes and the sale of the Site to satisfy any lien arising out of the nonpayment of the same, and Lessee
furnishes a bond to City securing the payment of the same in the event a decision in such contest shall be adverse to Lessee.

6.3 Personal Property Taxes. Lessee covenants and agrees to pay before delinquency all personal property taxes, assessments and liens of every kind and nature upon all personalty as may be from time to time situated within the Site.
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• • 6. 4 Possessory Interest Taxes . Pursuant to Health and Safety Code Section 33673 or its successor, the Project is required to be assessed and taxed in the same manner as privately owned property . City shall provide notice to the San Bernardino Assessor within thirty ( 3 O) days of the commencement of this Lease as required by Health and Safety Code Section 33673 .1. Lessee shall pay or cause to be paid, before any fine, penalty, interest or cost may be added thereto for the nonpayment thereof, all real estate taxes which may be levied against any and all interests in the Site and Improvements during the term of this Lease, and not merely the assessed value of the leasehold interest in the Site; provided, however, that Lessee may apply for and receive any applicable exemption from the payment of property taxes and assessments .

Pursuant to the provisions of the California Revenue and Taxation Code, City hereby provides notice to Lessee that Lessee' s leasehold interest created by this Lease may result in a possessory interest tax being levied against Lessee, and that in such event Lessee shall be obligated to pay such tax.

7. OWNERSHIP OF IMPROVEMENTS. FIXTURES AND FURNISHINGS . 7 .1 Ownership During Term . Pursuant to the Grant Deed, all Improvements shall, during the term of this Lease, be and remain the property of Lessee; provided, however, that Lessee shall have no right to waste the Improvements, or to destroy, demolish or remove the Improvements except as otherwise permitted pursuant to this Lease; and provided further that Lessee' s rights and powers with respect to the Improvements are subject to the terms and limitations of this Lease a�d the Grant Deed . City and Lessee covenant for themselves and all persons claiming under or through them that all the Improvements located on the Site are real property .

7. 2 Ownership at Termination . As set forth in the Grant Deed, upon the termination of this Lease, whether by expiration or otherwise, all Improvements, fixtures, equipment and furnishings now or hereafter located on the Site and used in connection with the operation of the Project shall, without compensation to Lessee, automatically revert to City and then become the City's sole property, free and clear of all liens, encumbrances, and claims to or against them by Lessee or any third person, firm or entity, including but not limited to any mortgagee or lender .

8. MAINTENANCE.
8 .1 Lessee to Maintain Site . Lessee acknowledges, pursuant to Section 3. 8 of the ODA, the Site is being leased to Lessee in its "AS-IS" condition . Lessee agrees to assume full responsibility for the management, operation and maintenance of the Improvements and all fixtures, equipment, furnishings and personal property located on the Site throughout the term of this Lease without expense to City. As the Lessee is the owner of the Improvements until expiration of this Lease, Lessee shall, at its sole cost and expense, perform all repairs, alterations and replacements 487/062212-0041/3132412 7 003/17/98 -12-
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• • neces sary to mainta in and preserve the Improvements and al l fixtures, equipment, furnis hings and personal property located on the Site in a first -class condition reasonably satisf actory to the Cit y and in compl iance with all appl icable laws, ordinances and regulations. Less ee agrees that City shal l not be required to perfonn any maintenance, repairs, alterations or services (whether structural or nonstructural, ordi nary or extraordinary, foreseen or unforeseen and whether required by law or regula tion) or to assum e any expense in connection with the Improvements or the Site, except for any maintenance or repairs necessi tated by the actions of City or its officers, agents or employees and except as otherwise provided in thi s Lease. If during the first fifteen (15) years of the Lease tenn, the costs for maintenance and/or alterations to the Project due to any newly enacted governmental or quas i- governmental laws, regulations, codes and ordinances appl icable to the Project exceed the sum of the (i) Net Operating Income from the Project and (ii) the Operating Reserve and the Capital Replacement Reserve (as defined below) , Les see shal l use its commercial ly reasonably efforts to obtain a non -recourse loan on tenns acceptable to Lessee and may encumber its leasehold interest hereunder as security for such loan in accordance with Section 18. 1. If Less ee, despite its commercial ly reasonable efforts, cannot obtain such a loan or cannot make the improvements required by newly enacted governmental regulations because the cost exceeds the sum of the (i) Net Operating Income from the Project and (ii) the Operating Reserve and Capital Replacement Reserve (as defined below), City shal l not have the right to tennin ate this Lease during the first fi fteen (15) years of the tenn for fai lure to obtain such a loan, but Les see shal l retain the right to pursue al l other rights and remedies availa ble under the law. Less ee hereby waives al l rights to make repairs or to cause any work to be performed at the expense of the City as provided in Sections 1941 and 1942 of the Cal ifornia Civil Code. Less ee shall manage and maintain the Improvements in confonnity with the requirements of the Munic ipal Code of the City of Chino. The foll owing standards shal l be compl ied with by Lessee and its maintenance staff, contractors or subcontractors :
(a) Les see shal l maintain the Improvements, inclu ding individ ual dwelli ng units, al l common areas, all interior and exterior facades, and al l exterior project si te areas in a safe and sanitary fashion suitable for a senior citi zen hous ing project. Lessee agrees to provide util ity serv ices, adminis trative serv ices, suppl ies, contract servi ces, maintenance, maintenance reserves, capital repl acement reserves and management for the entire Site and Improvements, includin g both interior tenant spaces, common area spaces and exterior common areas and publ ic rights -o f- way.
(b) , Landscape maintenance shal l include, but not be
li mited to, watering/irri gation ; ferti li zation, mowing, edging and trimm ing of gras s; tree and shrub pruning ; trimmin g and shaping of trees and shrubs to maintain a healthy, natural appearance and safe road condit ions and vis ibil ity, and optimum irrigation coverage; replacement, as needed, of al l 487/062212-0041/313 2412 7 a0J/17 /98 -1 3 -
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• • plant materials; control of weeds in all planters, shrubs, lawns, ground covers or other planted areas; and staking for support of trees.
(c) Clean-up maintenance shall incl ude, but not be
limited to, maintenance of all private paths, parking areas, driveways and other paved areas in a clean and weed-free condition; maintenance of all such areas clear of dirt, mud, trash, debris or other matter which is unsafe or unsightly; removal of all trash, litter and other debris from
Improvements and la ndscaping prior to mowing; cl earance and cleaning of all areas maintained prior to the end of the day on which the maintenance operations are performed to ensure that all cuttings, weeds, leaves and other debris are properly disposed of by waintenance workers.
(d) The Improvements shall be maintained in a first
class condition.
(e) All maintenance work shal l conform to all
applicable federal and state Occupational Safety and Health Act standards and regulations for the performance of
maintenance.
(f) Any and all chemicals, unhealthful substances and
pesticides used in and during maintenance shall be applied only by persons possessing valid California applicator's licenses and in strict accordance with all governing
regulations.
(g) Parking lots, lighting, trash enclosures and all
areas which can be seen from adjacent streets shal l be kept free from any accumulation of debris or waste material by regular schedul ed maintenance.

8. 2 Reserve Accounts.
(a) The calendar year foll owing the year in which the
Project reaches ninety percent (90%) occupancy, Lessee shall set aside from income in a separate interest-bearing trust account on an annual basis an amount equal to three percent (3%) of the annual expenses actually incurred by Lessee in leasing, operating, maintaining and repairing the Project (excludin g attorneys' fees and any costs or expenses paid or reimbursed by third parties), including, without limitation, insurance, taxes, maintenance and repair expenses {" Operating Reserve") . On not less than an annual basis, Lessee shall provide City and Agency evidence reasonably satisfactory to the City Manager of compliance with this Section. The
Operating Reserve shall only be used to cover shortfal ls between income generated from the Project and actual operating expenses, including debt service permitted by this Lease. In no event shall the funds in the Operating Reserve exceed the lesser of: (i) One Hundred Thousand Dollars ($100, 000. 00) ; or 487/06'2'212-00H/313 2412 7 aOJ/17/98 - 14-
103
• • ( ii) the amount of operating expenses necessary to operate the Project for ninety (90) days (based upon the previous year's operating expenses). On or before the Commencement Date as set forth in Section 2 above, Lessee shall deposit the sum of Forty Thousand Dollars ($ 40 , 000. 00) to pre- fund the Operating Reserve (" Pre- funded Reserve" ). On the first calendar year following the Commencement Date, Lessee shall pay to City as additional rent the difference between the Pre-funded Reserves and the amount that Lessee would have been required to fund into the Operating Reserve during the first Lease year. All funds in the Operating Reserve shall not be commingled with any other funds. No funds may be withdrawn from the Operating Reserve without the signature of the Agency which shall not be unreasonably withheld.
(b) Lessee shall annually set aside from income the
sum of TWO HUNDRED DOLLARS ($200. 00) per unit located on the Project into a separate interest-b earing trust account (the "Capital Replacement Reserve"). Funds in the Capital
Replacement Reserve shall only be used to make capital
replacements (as opposed to ordinary repair and maintenance) of the Improvements, fixtures and equipment located on the Site which are normally capitalized under generally accepted accounting principles. The nonavailability of funds in the Capital Replacement Reserve does not in any manner ' relieve Lessee of the obligation to undertake necessary capital repairs and Improvements and to continue to maintain the Project in the manner prescribed in this Section. Funds in the Capital Replacement Reserve shall not be commingled with any other funds. No funds may be withdrawn from the Capital Replacement Reserve without the signature of the Agency which shall not be unreasonably withheld.
(c) Lessee, at its expense, shall submit to the City
and Agency on an annual basis an accounting for the reserve accounts in a form and content reasonably satisfactory to Agency certified by Lessee to be true and correct, setting forth, at a minimum, the following (i) the balance of the funds in each of the reserve accounts at the beginning of said calendar year; (ii) the amount of funds deposited into each of the reserve accounts, together with an itemization of how each of such amounts were calculated; (iii) the amount of funds ,w ithdrawn from the each of the reserve accounts, together with an itemization of the uses of said funds; and (iv) the balance of the funds in each of the reserve accounts as of the end of said calendar year. In addition, Lessee shall submit to the Agency such other information as may be reasonably requested by Agency from time to time.

8. 3 City Right to Repair. In the event that Lessee
breaches any of the covenants contained in this Section 8.1 and such default continues for a period of thirty (30 ) days after written notice from City to Lessee, then City, in add ition to whatever other remedy it may have at law or in equity, shall have 487/062212-0041/31 32412 7 a03/17/98 - 15-
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• the right to enter upon the Proj ect and perform or cause to be performed al l such acts and work necessary to cure the default.

Pursuant to such right of entry, City shall be permitted (but are not required) to enter upon the Site and perform all acts and work necessary to protect , maintain, and preserve the Improvements and landscaped areas on the Site. Lessee shall reimburse City upon demand for the expenditures aris ing from such acts and work of protection, maintenance , and preservation by City , incl uding a fifteen percent (15%) administrative charge. Any amounts expended by City hereunder shal l bear interest at the maximum non-usurious rate permitted by law.

9. MANAGEMENT .

9.1 Approval of On- Site Manager. The City Manager shall approve, in writing , the property manager of the Project in his or her sole and absolute discretion ("Manager"). City hereby initially approves of : (i) KBMH Property Management , Inc. , a California corporation ("KBMH") , or an affiliate as the Manager ; and (ii) Insignia Residential Group of California , Inc. , a California corporation , as the sub-manager for the Project.

9. 2 Gross Mismanagement. In the event of "Gross
Mismanagement" (as that term is defined below) of the Project , City shal l deliver written notice to Lessee and Manager and may demand that such Gross Mismanagement cease immediately. City may immediately demand that Lessee terminate and repl ace the Manager in the event that Manager does not cure such act of "Gross Mismanagement" within thirty (30) days of the date of such notice , or in the event that such default cannot reasonably be cured within thirty ( 30) days , (but is capable of being cured by Manager) , Manager commences to cure the default within ten (10) days of delivery of such notice and diligently and in good faith continues to cure the default until completion , but in no event shal l Manager have more than one hundred twenty (120 ) days after Manager receives written notice thereof from City to cure any default. For purposes of this Lease the term "Gross Mismanagement" shal l mean management ,of the Project in a manner which materiall y viol ates the terms and/or intention of this Lease to operate a senior citizen affordable housing comple x of a first-c lass standard , and shal l include , but is not limited to, the fol lowing :
{a) Knowingly leasing to ineligible tenants or tenants
whose income�exceeds the prescribed levels ;
{b) Knowingly allo wing the tenants to exceed the
prescribed occupancy levels without taking immediate steps to stop such overcrowding ;
{c) Fail ing to timely maintain the Project in the
manner required by this Lease or failing to submit materiall y complete reports ;
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• • (d) Fail ing to timely submit the reports as required by this Lease, by the HOME Program, by the TCAC Regulatory Agreement or by the Bond Regulatory Agreement;
(e) Fraud in connection with any document or
representa tion relati ng to this Lease or embezzle ment of ProJ ect monies (excludin g embezz lement by an empl oyee of Manager which is not immediately reimbursed to City by Manager through insurance or bond proceeds); and
(f) Committi ng a material default under the terms of
the Conditional Use Pennit 96 -1 2, dated June 3, 199 6 issued for the Premises by the City.

9.3 Security. Lessee agrees, at its sole cost and expense, to use its best efforts to maintain a crime-free environment on the Project. In connection therewith, Lessee shal l employ such security measures incl uding, if necessary, private security, as is reasonable necessary to maintain a crime-f ree environment. If the City reasonably determines that Lessee is not taking adequate security measures at the Project, City shall so notify Lessee and provide Lessee with a reasonable time, but not less than thirty (30) days, to take additional security measures. If during the first fifteen (15) years of the Lease term, the costs for providing security for the Project exceed the sum of (i) the Net Operating Income from the Project and (ii) the Operating Reserve and Capital Replacement Reserve (as defined above), Lessee shall use its commercially reasonably efforts to obtain a non - recourse loan on terms acceptable to Lessee and may encumber its leasehold interest hereunder as security for such loan in accordance with Section 18 .1 below. If Lessee, despite its commercially reasonable efforts, cannot obtain such a loan, City shall not-- have the right to terminate this Lease during the first fifteen (15) years of the term for failure to obtain such a loan or cannot employ security measures because the cost exceeds the sum of (i) the Net Operating Income from the Project and (ii) the Operating Reserve and Capital Replacement Reserve (as defined above), but Lessee shall retain the right to pursue all other rights and remedies availa ble under the law. If after expirat ion of such reasonable time, Lessee has failed to take additional security measures reasonably satisfactory to the City, the City may provide private security officer services and/or police officers to patrol the Project at Lessee 's expense.

Lessee shall reimburse City upon demand for the expenditures arising from such addit ional security, including a fifteen percent (1 5%) administrative charge . Any amounts expended by City hereunder shall bear interest at the maximum non-usurious rate permitted by law.

10. COMPLIANCE WITH LAWS. Lessee agrees to comply and secure compliance with all the requirements now in force, or which may hereafter be in force , of all local , state and federal laws , ordinance, regulat ions and orders pertai ning to the Site, the Improvements and the operations conducted thereon . The judgment of any court of competent jurisdict ion or the admission of Lessee, 487/062212-0041/ 3132412 7 a03/l 7/98 -1 7-
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• failed to use best efforts to cause a sublessee to correct , or any sublessee or permittee in any action or proceeding against them or any of them (wheth er the City be a party thereto or not) that Lessee, a subl essee or permittee has violated any such ordinance or statute in the use of the Project shall be concl usive of the fact as between City and Lessee or such sublessee or permitte e. Les see shall indemnify City against all actions , claims or damages by reason of Lessee 's failur e to perform the terms hereof or Lessee 's non-observance or non -performance of any sta tute , ordinance , order , law, regulation and such governmental requi rements . Except as otherwise specifically provided elsew here in this Lease and except as may be caused by City or its officers, empl oyees or agents , City shall have no obligation to make any repairs or alterati ons (whether structural or nons tructural, foreseen or unforeseen , ordinary or extraordinary) which may be necessary for the Site or the Improvements to comply with said requirements. If during the first fifteen (1 5) years of the Lease term, the costs imposed upon Lessee for complying with any newly enacted governmental or quasi governmental laws , regulat ions, codes and ordi nances applicable to the Proj ect exceed the sum of the Net Operating Income from the Project and the Operating Reserve and Capital Replacement Reserve (as defined above) , Lessee shall use its commerciall y reasonably efforts to, obtain a non-recourse loan on terms acceptable to Lessee and may encumber its leasehold interest hereunder as securi ty for such loan in accordance with Section 18.1. If Lessee, despite its commercially reasonable efforts , cannot obtain such a loan or cannot comply wit h newly enacted laws because the cost exceeds the sum of the Net Operating Income from the Proj ect and the Operating Reserve and Capital Replacement Reserve (as defined above) , City shall not have the right to terminate this Lease during the first fifteen (15) years of the term for failure to obtain such a loan , but Lessee shall retain the right to pursue all other rights and remedies available under the law.

11. INDEMNIFICATION . Lesse e , as a material part of the consideration to be rendered to City under this Lease, hereby waives all claims against City for damage to the Improvements, equipment fixtures , furnishings and other personal property , in , upon or about the Proj ect and for injuries to persons in or about the Site and the Improvements , from any cause arising at any time unless caused by the gross negligence or wil lful misconduct of City or its officers, agents or employees . Lessee agrees to indemnify and defend the City , its officers , agents and employees against , and will hold and save them and each of them harmless from , any and all actions , suits , cla ims, damages to persons or property, losses , costs (including attorneys' fees) , penalties , obligations , errors , omissions or li abilities, (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 of Lessee, its agents, employees, subcont ractor s, subles sees or invitees or arising from the use of the Project by Lessee or its agents , employees , subcontractors , sublessees or invit ees, or arising from the fail ure of Lessee to keep the Project in first class condition and repair, as herein 487/062212-0041/ 313 2412 7 a0J/17 /98 -18-
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• • provided, or arising from the acts or omissions of Lessee hereunder, or arising from Lessee's performance of or failure to perform any term , provision covenant or condition of this Lease, except to the extent such claims or liabilities arise from the gross negligence or willful misconduct of the City.

12. INSURANCE.
12 .1 Duty to Procure Insurance . Lessee covenants and agrees that from the Commencement Date until the termination of this Lease, Lessee shall procure and keep in full force and effect or cause to be procured and kept in full force and effect for the mutual benefit of Lessee and City, and shall provide City evidence reasonably acceptable to City's City Manager, insurance policies meeting the minimum requirements set forth below :
(a) Comprehensive General Liability insurance in an
amount not less than Five Million Dollars ($5 ,000,000), per occurrence, protecting against loss from liability for damages on account of bodily inj ury, property damage, advertising inj ury or personal inj ury, including death therefrom, and products and completed operations suffered or alleged to be suffered by any person or persons whomsoever on or about the Site and the Improvements, or in connection with the operation thereof, resulting directly or indirectly from any acts or activities of Lessee or its sublessees, or any person acting "for Lessee, or under their respective control or direction, and also to protect against loss from liability imposed by law for damages to any property of any person occurring on or about the Site and the Improvements, or in connection with the operation thereof, caused directly or indirectly by or from acts or activities of Lessee of its sublessees, or any person acting for Lessee, or under their respective control or direction. Such property damage and personal inj ury insurance shall also provide for and protect against incurring any legal cost in defending claims for alleged loss. The required amount of insurance shall be subj ect to increases as the Risk Manager of the City may reasonably require from time to time, but not more frequently than every thirty -six (3 6) months.

Lessee agrees that provisions of this paragraph as to
maintenance of insurance shall not be construed as limiting in any way the extent to which Lessee may be held responsible for the payment of damages to persons or property resulting from Lessee 's activities, activities of its sublessees or the activities of any other person or persons for which Lessee is otherwise responsible . If such insurance is written on more than one policy, each policy shall "follow form " through all layers of coverage and excess coverage shall be at least as broad as primary coverage.
(b) With respect to the Improvements and any fixtures,
equipment and furnishings and personal property owned by Lessee on the Site, "All Risk" Property Insurance protecting against fire, extended coverage, vandalism, and malicious mis- 4871062212-0041/3132412 7 aOJ/17/98 - 19-
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• • chief, and such other additio nal perils, haza rds, and ris ks as now are or may be included in the standard "a ll ris k " form in general use in San Bernardino County, California, in an amount equal to full actual replacement cost thereof, as the same may change from time to time. The above insurance policy or policie s shall include coverage for earthquake to the extent that such insurance is commercially available. Ci ty shall be a loss payee under such policy or polic ies and such insurance shall contain a replacement cost endorsement. The foregoing policy shall also contain endorsements provid ing for
demolitio n costs and contingent li abili ty from the operation of buildin g code changes.
(c ) Use and occupancy or business interruption or
rental income insurance against the perils of fir e, lighting, vandalism, malicious mischief, and such other perils
ordinarily included in extended coverage fir e insurance policie s, in an amount equal to not less than twelve (12) months ' gross rental income payable to Lessee from tenants on the Project, assuming one hundred percent (100%) occupancy.

Such coverage shall provide for payment as long as the
Premises are deemed untenantable by tenants or members of the public.
(d) Workers ' compensation insurance issued by a
responsible carrier authoriz ed under the laws of the State of Calif ornia to insure employers aga inst liabi lity for compensation under the workers' compensatio n laws now in force in California, or any laws hereafter enacted as an amendment or supplement thereto or in lieu thereof. Such workers' compensation insurance shall cover all persons employed by Lessee in connection with the Site and the Improvements and shall cover full liabilit y for compensatio n under any such act aforesaid, based upon death or bodily injury claims made by, for on behalf of any person incurring or suffering injury or death in connection with the Site or the Improvements or the operation thereof by Lessee. In addit ion, a policy of
Employer's Liabilit y Insurance in an amount not less than One Million Dollars ($1,000,000) per acci dent for bodily injury or disease.
(e) All policie s of insurance required to be carried
by Lessee shall be written by responsible and solvent
insurance companies li censed in the State of Califor nia and • having a policyholder's rating of A or better, in the most recent addit ion of "Best 's Key Rating Guide -- Property and Casualty. 11 A copy of each paid-up policy evidencing such insurance (appropriately authenticated by the insurer) or a certific ate of the insurer, certifying that such policy has been issued, providing the coverage required here in, and contain ing the provisio ns specifie d herein, shall be delivered to Cit y prior to the Commencement Date and thereafter, upon renewals, not less than thirty (30) days prio r to the
expiration of coverage. Cit y may , at any tim e, and from tim e 487/062212.()()4l/3132412 7 aOJ/17/98 -20-
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• • to time , inspect and/or copy any and all insurance polic ies requir ed to be procured by Lessee hereunder . In no event shall the limits of any policy be considered as limit ing the liability of Lessee hereunder .
(f ) Each insurance policy required to be carried by
Lessee pursuant to this Lease shall contain the following , endorsements , provi � ions or clauses :
(i ) The insurer will not cancel or materially
alter the coverage provided by such policy in a manner
adverse to the interest of the insured without fi rst
giv ing City a minimum of thirty (30) days prior written notice by certif ied mail , return receipt requested .
(i i) A waiver by the insurer of any right to
subrogation against City , its agents , employees , or
representatives , which arises or might arise by reason of any payment under such policy or policie s or by
reason of any act or omission of Cit y , its agents ,
of f ice rs , members, of f icia ls , employees , or representa tives.
(i ii) The City , Agency , 'their respective agents ,
of f icers , members, off icials , employees , volunteers , and representat ives shall be named insureds on the
Commercial General Liability polic ies .
(i v) The City and Agency shall be loss payees
on the All Risk Property insurance policie s .
(v) Coverage provided by these policies shall
be primary and non-contributory to any insurance
carried by the City , Agency, and their respective
off icers , off icia ls, employees , volunteers , agents, or representatives .
(vi ) Failure to comply with reporting
provisions shall not affe ct coverage provided to City , Agency , their of ficers , employees , volunteers , agents , or representatives .
(vii ) Deductibles or self - insured retentions in
excess of Ten Thousand Dollars ($10 ,0 00 ) shall be
approved by Cit y in writin g.
12 . 2 Failu re to Procure Insurance . If Lessee fail s to procure and maintain the above - required insurance despite its avail abil ity , then City, in additio n to any other remedy which City may have hereunder for Lessee's fail ure to procure , maintain , and/or pay for the insurance required herein , may (but without any obligation to do so) at any time or from time to time, aft er thirty (30 ) days written notice to Lessee , procure such insurance and pay the premiums therefo r , in which event Lessee shall innnediately 487/062212--0041/3132412 7 a03/l 7/98 -2 1-
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• • repay City al l sums so paid by City together with interest thereon at the maximum non- usurious rate permitted by law.

12. 3 Insurance Proceeds Resulting From Loss or Damage to Improvements. Al l proceeds of insurance with respect to loss or damage to the Improvements during the term of this Lease shal l be payable, under the provisions of the policy of insurance, to City or, if required by the terms of a Leasehold Mortgage (as hereinafter defined), to the Lienholder (as hereinafter defined), and said proceeds shal l constitute a trust fund to be used for the restoration, repair and rebuilding of the Improvements in accordance with Article 13 below.

13. DAMAGE OR DESTRUCTION. As the Lessee is the owner of the Improvements until expiration of this Lease, in the event the whole or any part of the Improvements shall be damaged or destroyed by fire or other casualty, dam.age or action of the elements, at any time during the term of this Lease, Lessee shall with al l diligence, at Lessee 's sole cost and expense, repair, restore and rebuild the Improvements on the same plan and design as existed immediately prior to such damage or destruction and to the same condition that existed immediately prior to such damage. In the event of any restoration or reconstruction pursuant to this Section, City agrees to release the insurance proceeds available in consequence of such damage as Lessee 's restoration and reconstruction progresses, subject only to City's approval of normal architect's certificates, mechanics lien waivers and other reasonable and customary construction disbursement documentation.

Prior to any such restoration and reconstruction as herein provided, the drawings and specifications therefor shal l be submitted to the City and any other necessary parties for their approval. City agrees that its approval of such drawings and specifications wil l not be unreasonably withheld. Al l such work performed by Lessee shal l be constructed in a good and workmanlike manner according to and in conformance with the laws, rules and regulations of all governmental bodies and agencies and based upon the original plans and specifications for the Project. The rental and other charges payable hereunder shal l neither abate nor be reduced by reason of any such casualty damage. During any period of repair, Lessee shal l continue, or cause the continuation of, the operation of the senior citizen apartment complex on the Site to the extent reasonably practicable from the standpoint of prudent business management. If during the first fifteen (15) years of the Lease term, the cost to rebuild or repair the Improvements exceeds the sum of (i) the Net Operating Income from the Project ; (ii) any available insurance proceeds, and (iii) the Operating Reserve and Capital Replacement Reserve (as defined above), Lessee shall use its commercially reasonably efforts to obtain a non -recourse loan on terms acceptable to Lessee and may encumber its leasehold interest hereunder as security for such loan in accordance with Section 18 .1. If Lessee, despite its commercial ly reasonable efforts, cannot obtain such a loan or cannot rebuild because the costs exceed the sum of (i) the Net Operating Income from the Project; (11) any available insurance proceeds, and (iii) the 41!7/062212-0041/ 3132412 7 a03/l7/9S - 22-
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• Operati ng Reserve and the Capi tal Replacement Reserve (a s defined above) , City shall not have the right to termina te this Lease during the first fifte en {1 5) years of the term for failure to obtain such a loan , but Les see shall retain the right to pursue all other rights and remedies available under the law; provided , however, that in the event that ins urance proceeds for repair and recons truct ion are avai lable but Lessee cannot rebuild as set forth above, Lessee shall use all available ins urance proceeds to rebuild the Improvements to greates t extent possi ble. Notw it hs tanding anythin g herein to the contrary, Lessee shall be required to clear all debris from the Site and place the Si te in a safe condit ion. 14 . EMINENT DOMAIN .

14.1 Condemnat ion. In the event that the Site and/or the Improvements or any part thereof shall be taken for public purposes by condemnat ion as a result of any act ion or proceeding in eminent domain , then , as between Cit y and Les see (or Lie nholder, if a Permit ted Encumbrance is then in effect) , the interes ts of City and Lessee (or Lienholder) in the award and the effect of the taking upon this Lease shall be as follows :
(a ) In the event of such taking of only a part of the
Si te , leaving the remainder of the Site in such locati on and in such form , shape and si ze as to be used effecti vely and practic ably for the conduct thereon of the uses permitt ed hereunder, this Lease shall terminate and end as to the port ion of the Site so taken as of the date title to such portio n ves ts in the condemning authority, but shall conti nue in full force and effect as to the port ion of the Site not so taken. The rental required by this Lease to be paid by Les see to City shall not be reduced as a result of such tak ing. (b) In the event of taking of only a part of the Sit e , leaving the remainder of the Site in such locat ion , or in such form , shape or reduced si ze as to render the same not effectiv ely and practi cably usable for the conduct thereon of the uses permitt ed hereunder, this Lease and all right , ti tle and interes t thereunder shall cease on the date tit le to the Site or the port ion thereof so taken ves ts in the condemning authori ty.
(c ) In the event the entire Site is taken , this Lease and all of the right , ti tle and interes t thereunder , shall cease on the date ti tle to the Site so taken ves ts in the condemning authori ty.
(d) Promptly after a partia l taking , at Les see's
expense and in the manner specified in provis ions of this Lease related to maint enance , repairs , alterat ions , Les see shall res tore the Improvements so as to place them in a condit ion suita ble for the uses and purposes for which the Sit e was leased.
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• 14 .2 Allocat ion of the Award . In the event that an award is made for an enti re or partial taking or for damage to the Site, the Improvemen ts or any inte rest the rein in any act �on in direct or inverse condemnation or in the event of a taking under the power of eminent domain, the parties heret o agree tha t their respective rights to the award or compensa tion paid shall be as follows:
(a) Ci ty shall be entitled to tha t portion of the
award received for damage to or the taking of the, _Land . (b) Lessee shall be entitle d to that portion of the
award received for damages to or the taking of the
Improvements on the Site and to any award that may be made for the taking of or injury to Lessee 's business and profits or on account of any/ cost or loss Lessee may susta in in the removal of its fixtures, equipment and furnishings from the Site ; provided, however, that with respect to any taking or award occurring during the last ten (10) years of the ter m of this Lease, any such award received for the taking of or damages to the Improvements shall be prorate d be twee n City and Lessee based on the ratio be tween the number of years and partial years remaining in the term of the Lease to the number 10 . (c) Any inter est payable on the total award shall be
divided be tween City and Lessee in the same ratio as are the awards granted to them pursuant to the other provisions of this paragraph .
(d) Lessee shall not be entitle d to any portion of the award on the basis that Lessee 's inter est in the Lease has a bonus value (i .e. that the fair rental value of the Si te for all or any portion of the remainder of the term her eof exce eds the rental reser ved under this Lease for such period). Lessee acknowledges that all rent due to the City is contingent on Net Operating Income from the Project as set forth in Section

3. 2 above in order to encourage the dev elopment of a senior citizen housing project on the Site and Lessee shall not be entitled to any portion of the award resulting from said reduced rental obligations .
14 . 3 City or Agency Condemnation . Notwi thstanding anything to the contrary in Section 14.2 above, in the event tha t the City or Agency condemns Lessee 's leasehold inte res t he reunder during the first fift een (15) years of the Lease term , Lessee shall be enti tled to receive the greater of: (i) Less ee 's por tion of the award calculated under Sec tion 14 .2; or {ii) the recaptured the amount of the loss of the LIHTC plus any applicable penalties . 14 .4 Transfer in Lieu of Condemnat ion . Notwiths tanding the foregoing provisions of this Sec tion, City may, in its discre tion and without aff ecting the validity and existence of this Lease, transfer City 's inter ests in the Project in lieu of condemnation to any authority entitle d to exer cise the power of eminent domain . In the even t of such transfer by City, Lessee (or Lienholder if a 487/062212-0041/3132412 7 aOJ/17/98 - 24 -
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• • Permitted Encumbrance is then in effect) and City shall retain whatever rights they may have to recover from said authority the amounts set forth above from the condemnin g authori ty.

15. ENVI RONMENTAL MATTERS .
15 .1 Definit ions. For the purposes of this Section, unless the context otherwise specifies or requi res, the following terms shall have the meanings herein specified:
\
(a) The term "Hazardous Materials" shall mean any
substance, material, or waste which is or becomes regulated by any local governmental authority, the County of San
Bernardino, the State of California, regional governmental authority or the United States Government, including, but not limited to, any material or substance which is (i) defi ned as a "hazardous waste, 11 "extremely hazardous waste, 11 or "restricted hazardous waste" under Section 25 115 , 25 117 or 25 122. 7, or listed pursuant to Section 25 140 of the Californi a Health and Safety Code, Division 20 , Chapter 6. 5 (Hazardous Waste Control Law)), (ii) defined as a "hazard ous substance" under Section 25 316 of the Cali fornia Health and Safety Code, Division 20 , Chapter 6.8 (Carpenter-Presley-Tanner Hazardous Substance Account Act), (iii) defined as a "hazardous
material, " "hazardous substance, " or "hazardous waste" under Section 25 501. 1 of the California Heal th and Safety Code, Di vision 20 , Chapter 6. 95 (Hazardous Materi als Release Response Plans and Inventory), (i v) defined as a "hazardous substance" under Section 2528 1 of the Cali fornia Health and Safety Code, Division 20 , Chapter 6. 7 (Underground Storage of Hazardous Substances), (v) petroleum, (vi ) fri able asbestos, (vii) polychlorinated biphenyls, (viii) listed under Chapter 11 of Division 4. 5 of Title 22 of the Cali fornia Code of Regulations or defined as "hazardous" or "extremely hazardous 11 pursuant to Chapter 10 of Division 4. 5 of Title 22 of the California Code of Regulations, (i x) designated as "hazardous substances II pursuant to Section 311 of the Clean Water Act (33 U.S. C. §§ 13 17), (x) defined as a "hazardous waste" pursuant to Section 1004 of the Resource Conservati on and Recovery Act, 42 U. S. C. §§6 901 et seq. (42 U.S. C. §§ 6903) or (x i) defi ned as "hazardous substances" pursuant to Section 101 of the
Comprehensive Environmental Response, Compensati on, and Li ability Act, 42 U. S. C. §§ 19601 et seq.
(b) The term "Hazardous Materi als Contami nation II shall mean the contamination (whether presently existing or
hereafter occurring) of the Project, facilities, soil,
groundwater, air or other elements on, in or of the Site by Hazardous Materials, or the contamination of the buildings, facilities, soil, groundwater, air or other elements on, in or of any other property as a result of Hazardous Materials at any time (whether before or after the Commencement Date) emanating from the Project.
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• • (c) The term "Governmental Requirements" shall mean all past, present and future law s, ordinances, statutes, codes, rules, regulat ions, orders and decrees of the United States, the state, the county, the City, or any other
political subdivision in which the Site is lo cated, and �ny other state, county city, political subdivision, agency, instrumentality or other entity exerci sing jurisdiction over City Lessee or the Project.
15 .2 Due Di li gence. Lessee acknowledges that, pursuant to the terms of the DDA , Lessee had an adequate opportunity to investigate the condition of the Project, incl uding any Hazardous Materials Contamination lo cated thereon. Lessee further acknowl edges that no such Hazardous Material s Contamination was discovered to exist on the Project as of the Commencement Date.

15.3 Indemnification.
(a) Lessee shall save, protect, defend, indemnify and
hold harmless City, Agency and their officers, officials , employees, representatives and agents from and against any and all liabilities, suits, actions, cla ims, demands, penal ties, damages (incl uding, without limitation, penal ties, fines and monetary sanctions), lo sses, costs or expenses arising after the date on which Lessee took possession of the Project under this Lease (incl uding, without limitation, consultants' fees, investigation and la boratory fees, reasonabl e attorneys' fees and remedial and response costs) ( the foregoing are
hereinafter coll ectively referred to as "Liabilities") which may now or in the future be incurred or suffered by City, Agency and their officers, official s, empl oyees,
representatives or agents by reason of, resulting from, in connection with, or arising in any manner whatsoever as a direct or indirect result of (i) the presence on or under, or escape, seepage, leakage, spillag e, discharge, emission or release from the ProJect of any Hazardous Materials or
Hazardous Materials Contamination occurring after the
Commencement Date, including any Liabilities incurred under any Governmental Requirements relating to such Hazardous Material s or Hazardo us Materials Contamination, unle ss such contamination was caused by City, Agency or their officers, employees or agents; and (ii) the rel ease, discharge, disposal or use of Hazardous Material s on the Project by Lessee or its agents, officers, employees or subtenants. Lessee' s
obligations under this Section shall survive the expiration of this Lease.
15 . 4 Duty to Prevent Hazardous Material Contamination. Upon Lessee taking possession of the Project, Lessee shall not use, generate, possess, store, transport or discharge Hazardous Material s on the Project, except ordinary and customary Hazardous Materials which are reasonably required to be used by Lessee in the normal course of operating the Project. Lessee shal l take all necessary precautions to prevent the release of any Hazardous 487/062212 --0041/31324l2 7 a00/17/98 -26-
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• • Materials located on the Project into the environment. Such precautions shall include compliance with all Governmental Requirements with respect to Hazardous Materials. In addition, Lessee shall install and utilize such equipment and implement and adhere to such procedures as are consistent with the standards generally applied by apartment complexes in San Bernardino County, California , as respects the disclosure, storage, use, removal, and disposal of Hazardous Materials.

15.5 Obligation to Remediate Project. Notwithstanding the obligation of Lessee to indemnify City and Agency pursuant to Section 15.3 {a ) of this Lease, Lessee shall, at its sole cost and expense, promptly take (i) all actions required by any federal, state, regional, or local governmental agency or political subdivision or any Governmental Requirements and (ii) all actions necessary to make full economic use of the Project for the purposes contemplated by this Lease and the DDA, which requirements or necessity arise from ,the presence upon, about or beneath the Project of any Hazardous Materials or Hazardous Materials Contamination for which Lessee is obligated to indemnify City against pursuant to Section 15.3{a ). Such actions shall include, but not be limited to, the investigation of the environmental condition of the Project, the preparation of any feasibility studies or reports and the performance of any cleanup, remedial, removal or restoration work. Lessee shall take all actions necessary to promptly restore the Project to an environmentally sound condition for the uses contemplated by this Lease and the DDA notwithstanding any lesser standard of remediation allowable under applicable Governmental Requirements.

15. 6 Right of Entry. Notwithstanding any other tenn or provision of this Lease, Lessee shall pennit City or its agents or employees to enter the Project at any time during normal business hours (except in the event of an emergency ), without prior notice in the event of an emergency, and with not less than twenty-four (24) hours' advance notice if no emergency is involved, to inspect, monitor and/or take emergency or long-tenn remedial action with respect to Hazardous Materials and Hazardous Materials
Contamination on or affecting the Project. All costs and expenses incurred by City in connection with perfonning Lessee's obligations hereunder shall be reimbursed by Lessee to City upon demand plus interest at the maximum non-usurious rate pennitted by law.

15. 7 Storage or Handling of Hazardous Materials. Lessee, at its sole cost and expense, shall comply with all Governmental Requirements for the storage, use, transportation, handling and disposal of Hazardous Materials on or about the Project. In the event Lessee does store, use, transport, handle or dispose of any Hazardous Materials, Lessee shall notify City in writing at least ten (10) days prior to their first appearance on the Project and Lessee's failure to do so shall constitute a material default under this Lease. Lessee shall conduct all monitoring activities required or prescribed by applicable Governmental Requirements, and shall, at its sole cost and expense, comply with all posting 487/062212--004l /3132412 7 aOJ/17/98 -27-
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• • requirements of Proposit ion 65 or any other similarly enacted Governmental Requirements. In addition, in the event of any complaint or governmental inquiry, or if otherwise deemed necess ary by City in its reasonable ju dgment, City may require Les see, at Les see' s sole cost and expense, to conduct specific monitoring or testing activities with respect to Hazardous Materials on the Proj ect. Les see' s monitoring programs shall be in compliance with applicable Governmental Requirements, and any program related to the specific monitoring of or testing for Hazardous Materials on the ProJ ect, shall be satisfactory to City, in City' s reas onable discretion. Lessee shall further be solely respons ible, and shall reimburse City, for all costs and expenses incurred by City arising out of or connected with the removal, clean-up and/or restoration work and materials necessa ry to return the Proj ect and any property adj acent to the Proj ect affecced by Hazardous Materials emanating from the Proj ect to their condition existing at the time of the Les see' s Proj ect Evaluation . Les see' s obligations hereunder shall survive the termination of this Lease.

15. 8 Environmental Inquiries. Lessee shall notify City, and provide to City a copy or copies , of the following environmental permits, disclosures , applications, entitlements or inquiries relating to the Proj ect : notices of violation, notices to comply, citations, inquiries, clean-up or abatement orders, cease and desist orders, reports filed pursuant to self-reporting requirements, and reports filed or applications made pursuant to any Governmental Requirement relating to Hazardous Materials and underground tanks, and Les see shall report to City, as soon as poss ible after each incident, any unusual, potentially important incidents. In the event of a release of any Hazardous Materials into the environment, Lessee shall, as soon as poss ible after the release, furnish to City a copy of any and all reports relating thereto and copies of all correspondence with governmental agencies relating to the release. Upon request of City, Lesse e shall furnish to City a copy or copies of any and all other environmental entitlements or inquiries relating to or affecting the Proj ect including, but not limited to, all permit applications, permits and reports including, without limitation, those reports and other matters which may be characterized as confidential .
15 . 9 Costs of Environmental Comoliance. If during the first fifteen (15) years of the Lease term, any costs which Les see is responsible for under this Article 15 (excluding any costs resulting from the acts or omissi ons of Les see, its employees, agents, officers, directors, representat ives or the Manager) in excess of the sum of (i) the Net Operating Income from the Proj ect and (ii) the Operating Reserve and Capital Replacement Reserve (as defined above), Les see shall use its commercially reas onably efforts to obtain a non-recourse loan on terms acceptable to Les see and may encumber its leasehold interest hereunder as security for such loan in accordance with Section 18.1. If Les see, des pite its commercially reasonable efforts, cannot obtain such a loan or cannot comply with Environmental Laws because the cost exceeds the sum of (i) the Net Operating Income from the Proj ect and (ii) the 48710622I2 -0041/3 I324 l2 7 aOJ/I 7/98 -28-
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• • Operating Reserve and the Capital Replacement Reserve (as defined above) , City shall not have the right to terminate this Lease durin g the fi rs t fift een (15) years of the ter m for fai lur e to obtain such a loan , but Lessee shall retain the right to pursue all other rights and remedies available under the law.
16 . ALTERATION OF IMPROVEMENTS .

16.1 Alterations. Lessee shall not make or permit to be made any structural alteration of , addition to or change in the Improvements, nor demolish all or any part of the Improvements without the prior written consent of City ; provided , however , that the foregoing shall not prohibit or restrict the repair and/or replacement of the Improvements by Lessee in accordance with Section 13 above. In requesting such consent Lessee shall submit to City detailed plans and specifications of the proposed work and an explanation of the need and reasons therefor . This Section shall not limit or set aside any obligation of Lessee under this Lease to maintain the Improvements and the Proj ect in a clean and safe condition , including structural repair and restoration of damaged Improvements. City shall not be obligated by this Lease to make any Improvements or alterations to the Proj ect {structural or otherwise) or to assume any expense therefor. '

16.2 Mechanic 's Liens. Lessee shall not suffer or permit any liens to be enforced against the fee simple estate of City in the Project , its reversionary interest in the Improvements or Lessee's leasehold interest therein by reason of work , labor , services or materials supplied or claimed to have been supplied to Lessee or anyone holding the Site and the Improvements , or any part thereof , through or under Lessee, and Lessee agrees to defend, indemnify , and hold City and City and their respective officers , officials , employees , agents, and representatives , harmless against such liens. Notwithstanding anything herein to the contrary , in no event shall Lessee be responsible for removal of any liens against City 's fee interest in the Site caused or suffered by City or Agency . If any such lien shall at any time be filed against the Site or any Improvements thereon, Lessee shall , within thirty (30) days after notice to Lessee of the filing thereof , cause the same to be discharged of record ; provided , however , that Lessee shall have the right to contest the amount or validity , in whole or in part , of any such lien by appropriate proceedings but in such event , Lessee shall notify City and promptly bond such lien in the manner authorized by law with a responsible surety company qualified to do business in the State of California or provide other security acceptable to City . Lessee shall prosecute such proceedings with due diligence. Nothing in this Lease shall be deemed to be , nor shall be construed in any way to constitute , the consent or request of City, express or implied , by inference or otherwise , to any person , firm or corporation for the performance of any labor or the furnishing of any materials for any construction , rebuilding , alteration or repair of or to the Site , the Improvements, or any part thereof. Prior to commencement of any repair or alteration of the Improvements , Lessee shall give 4871062212-0041 /3132412 7 aOJ/ 17198 -29-
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• • City not less than thirty {30) days advance notice in writing of intention .t o begin said activity in order that nonresponsibility notices may be posted and recorded as provided by State and local laws.

16. 3 Signs. Lessee shall not place or permit to be placed any sign that is not in compliance with the sign ordinance of the City upon the exterior or in the windows of the Proj ect. Any sign not constructed in accordance therewith shall be immediately removed by Lessee and , if said sign is not removed by Lessee within ten {10) days of written notice from City to Lessee , then City may remove said sign without any liability to Lessee.

17. ASSIGNMENT AND SUBLETTING.
17 .1 Definition of Transfer. The term "T ransfer " shall mean any assignment , hypothecation, mortgage, pledge, conveyance , sublease {exclusive of renting the units to Eligible Tenants pursuant to the terms of Article 5) , sale , exchange, gift , or encumbrance of all or any portion of this Lease , the Site , or the Improvements, whether voluntary, involuntary or by operation of law. A Transfer shall also include the transfer to any person or group of persons acting in concert of twenty-five percent {25%) or more of the present ownership and/or control of Lessee, taking all transfers into account on a cumulative basis. In the event Lessee or its successor is a corporation or trust , such transfer shall refer to the transfer of the issued and outstanding voting rights or capital stock of Lessee, or of the beneficial interests of such trust {except as set forth below); in the event that Lessee is a limited or general partnership, such transfer shall refer to the transfer of more than twenty-five percent {25%) of the limited or general partnership interests; in the event that Lessee is a jo int venture, such transfer shall refer to the transfer of more than twenty-five percent (25%) of the ownership and/or control of any such jo int venture partner, taking all transfers into account on a cumulative basis; provided, however, the limited partner of the Lessee shall have the right to transfer or assign its limited partnership interest , or any part thereof , in Lessee to a limited partnership of which the general partner thereof is an affiliate of Kaufman and Broad Multi-Housing Group, Inc.

Nothing contained herein shall prohibit the Lessee from {i) transferring the general partnership interest of LINC Housing Corporation , a California nonprofit public benefit corporation (" LINC"), to another nonprofit corporation in which LINC controls riot less than fifty-o ne percent {51%) of the members and directors without the approval of the Agency or City , so long as Agency and City receive written notice of such Transfer ; or {ii) encwnbering the Improvements with additional mortgages permitted by Sections

8. 1, 9. 3, 10 , 13 and 15. 9 of this Lease upon the condition that such funds are used solely for the costs for operation and maintenance of the Site and capital improvements or for refinancing any of same , so long as the refinancing does not exceed the then outstanding balance of the existing financing.
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• 17 .2 Limitation on Transfers . Except as permitted pursuant to Section 17. 1, Lessee shall not Transfer this Lease, or any interest in the Site or in the Improvements, directly or indirectly, voluntarily or by operation of law, without the prior written approval of City, which approval shall not be unreasonably withheld . Any such purported Transfer without such approval shall be null and void. In considering whether it will grant approval to any Transfer by Lessee, City shall only consider factors such as (i) whether operation or �anagement of the Project is jeopardized; (ii) the financial strength and capability of the proposed transferee to perform Lessee 's obligations hereunder; and (iii) the proposed transferee 's experience and expertise in the planning and operation of similar proJ ects . In considering whether to approve a hypothecation or encumbrance of Lessee 's leasehold interest in the Project, City shall consider such factors as: (i) the use of the proceeds of the financing; (ii) the financial impact of the financing on the operation of the Project and the making of payments owing under the Note and the Bonds; and (iii) the term of the financing does not extend beyond the term of the Ground Lease .

It shall be deemed reasonable for the City to refuse to consent to a Transfer based on any of the above referenced reasons . Consent by City to one or more Transfer( s) shall not release Lessee from the requirement that City 's consent be obtained to all subsequent Transfers.
17 .3 Request for Consent . If Lessee desires at any time to perform a Transfer, Lessee shall first notify City of its desire to do so and shall submit in writing to City (i) the name of the proposed transferee; (ii) the proposed transferee 's experience and expertise in the operation of similar projects ; (iii) the proposed documents evidencing the Transfer; (iv) such reasonable financial and other information as City may request concerning the proposed Transfer or transferee in such detail as City may request . Nothing in this Section 17.3 shall require the consent of the City for a transfer permitted by Section 17 .1.
17 .4 No Release . In the absence of specific written
agreement by City, no Transfer by Lessee of all or any portion of its interest in the Project or this Lease shall be deemed to relieve Lessee or any successor party from any obligations under this Lease . In addition, no attempted Transfer of any of Lessee 's obligations hereunder shall be effective unless and until the successor party executes and delivers to City an assumption agree ment in a form approved by the City assuming such obligations . 17 .5 Lease Aoproval . City shall have the right to approve any form of lease used by Lessee for leasing dwelling units within the Project and all, revisions, amendments and modifications made to the form lease .
18 . PERMITTED ENCUMBRANCES .
18 .1 Right to Encumber. Nothing in this Lease shall
restrict Lessee from encumbering Lessee 's leasehold estate in the 487/062212-0041/3132412 7 aOJ/17/98 -31-
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• Project and interest in the Improvements, furn ishings, furniture, equipment, fixtures, and personal property located thereon, with (i ) the TCAC Regulatory Agreement; (i i) the Bond Regulatory Agreement; (i ii ) the Bond Deed of Trust; (i v) any mortgage or deed of trust approved by the City; or (v ) to secure a non- recourse loan or loans on terms acceptable to Lessee made during the first fifteen (1 5) years of the Lease term (i n accor dance with Sections

8.1, 9. 3, 10, 13 and 15.9 herein), solely to fi nance any costs or expenses imposed upon Lessee pursuant to Sectio ns 8.1, 9,3, 10, 13 or 15.9 of this Lease which costs or expenses exceed the sum of the Net Operating Income from the ProJ ect which Lessee is entitled to under this Lease and the Capital Replacement Reserve (a "Leasehold Mortgage"). For purposes of this Sectio n, TCAC, the trustee under the Bond Deed of Trust and any other lender holdin g a Leasehold Mortgage in the Project approved by City pursuant to Section 17. 2 are referred to herein col lectively as "Lienholder. 11 The TCAC Regulatory Agreement and any Leasehold Mortgage approved by City shal l herein after be col lectivel y referred to as a "Permit ted Encumbrance." Nothing in this- Lease shal l proh ibit Lessee or its partners from making a col lateral assignment of its partnership interest to a lender.

18.2 No Subordination of Fee. City and Lessee acknowledge and agree that City's fee interest in the Project (i ncluding its reversionary interest in the Improvements) shal l not be subordinated to any Permi tted Encumbrance or any other li en, mortgage, deed of trust, pledge or other encumbrance of Lessee's leasehold interest hereunder. -
18 . 3 Assignment by Foreclosure. This Lease may be assigned, without the consent of City, to the purchaser at any foreclosure sale of a Permitted Encumbrance, whether judicial or non -j udicial, or to the Lienholder under any Permitted Encumbrance, pursuant to foreclosure or simi lar proceedings, or pursuant to an assignment or other transfer of this Lease to such Lienholder, including without li mitation by a deed in li eu of foreclosure. Upon forecl osure of such li en, by power of sale, judicial foreclosure or upon acquisitio n of the leasehold estate by deed in li eu of forecl osure, the Lienholder may, without further consent of City, sel l and assign the leasehold estate created hereunder; provided, however, that any further assignment of this Lease shall require the consent of City in accordance with Sectio n 17 . Upon any such foreclosure or assignment in li eu thereof, the terms of Article 5 regarding renting the units therein to El igible Tenants at Affordable Rent and Section 19.1 (a) making it an event of default hereunder upon the fail ure to make payments owing on the Note shall termi nate.

Upon any such transfer of the leasehold estate to a Lienholder, the Lienholder shal l be li able to perform the obl igati ons herein imposed on Lessee, only for and during the period that such Lienholder is in possession or ownership of the leasehold estate created hereby. The Transfer of this Lease by any person or entity other than the Lie nholder shall require the consent of the City pursuant to Section 17 . 2.
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• 18.4 Consent of Lienholder. Except as provided in Section

18.5, this Lease may not be terminated, surrendered or materially amended by Lessee, without the prior written consent of Lienhol der.

18.5 Termination and Other Remedies. Notwithstanding
anything to the contrary in this Lease, City may terminate this Lease or exercise any other remedies available to City hereunder, at la w or in equity because of a default hereunder, only after City has sent to any Lienholder a written notice simul taneously with the notice of such default del ivered to Lessee pursuant to the terms hereof {o r upon the occurrence of such default, if Lessee is not entitled to receive notice thereof hereunder} , specifying such default and providing the Lienholder the opportunity to cure said default as provided below. If such defaul t is a failure by Lessee to pay any monies to City or to any other party as required hereunder, the Lienholder shall have fifteen (15} days after the expiration of Lessee's cure period to cure such defaul t. If such default is an act or omission other than Lessee's failure to pay monies to City or to any other party as required hereunder, the Lienholder shall have such period of time as is reasonably necessary after the expiration of Lessee's period for curing such default with due dil igence within which (i} to cure such default; (ii} to obtain possession of the Project (incl uding possession by a receiver} and to cure such defaul t (in the case of a default which is susceptible of being cured when the Lienholder has obtained possession thereof}; or (iii} to institute foreclosure proceedings and to complete such forecl osure proceedings or otherwise acquire Lessee's interest under this Lease with reasonable dil igence in the case of a defaul t which is not so susceptible of being cured by Lienholder (it being understood that Lienholder shall not have responsibility to cure any default which is not susceptible of being cured by it}. During the period the Lienholder is curing a nonmonetary defaul t hereunder or is attempting to obtain possession (whether by foreclosure, receiver or otherwise}, Lienholder shall ensure that all monetary obligations owing hereunder are paid. The time available to the Lienholder to initiate foreclosure proceedings as aforesaid shall be deemed extended by the number of days of del ay occasioned by judicial restriction against such initiation.

18.6 Right to Cure. Any Lienholder shall have the right, but not the obligation, to cure any default under this Lease, and City shall accept such performance by or at the insistence of any such Lienholder as if the same had been made by Lessee. If Lessee assigns this Lease to a li mited partnership or limited li ability company in which Chino Housing Investors or an affiliate thereof is a limited partner or member, Chino Housing Investors or said affiliate shall have the right to cure any default on behalf of Lessee.
18 . 7 Obligations of Lienholder in Possession. No Lienhol der shall have any personal li ability for performance of Lessee's obligations under this Lease unless and until such Lienhol der 487/062212--0041/ 313 2412 7 a03/1 7/98 -33-
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• • acquires title to Lessee's leasehold estate or assumes possession of the Project.
18 .8 Non-Merger of Fee and Leasehold Estates. Except for a termination of this Lease upon a default by Lessee and after providing a Lienholder the opportunity to cure said default pursuant to Section 18 .6, it is the express intent of the parties that if both City's and Lessee's estates in the Project or the Improvements or both become ve�ted in the same owner, this Lease shall nevertheless not be destroyed by application of the doctrine of merger except at the express election of City and Lienholder (s).

Notwithstanding the foregoing, the termination of Lessee's right to possession under the Lease due to the failure of Lessee to make payments owing under the Note pursuant to Section 19. 1 (a) or the failure of Lessee to operate the Project as a senior citizen rental housing project renting to Eligible Tenants at Affordable Rents pursuant to Article 5 shall not result in the merger of the leasehold estate created by this Lease with the City's fee estate in the Project and this Lease shall remain in full force and effect. The voluntary or other surrender of this Lease by Lessee, or a mutual cancellation thereof, shall not work as a merger and shall, at the option of City, terminate all or any existing sublease or subtenancies or may, at the option of City, operate as an assignment to City of any or all such existing subleases or subtenancies.
18 . 9 Lienholder' s Right to New Lease. In case of the termination of this Lease by reason of any event of default or any other event or circumstance which entitles City to terminate this Lease or in the event of rejection or disaffirmance of this Lease pursuant to bankruptcy law or other law affecting creditors' rights, City shall give prompt notice thereof to any Lienholders.

City shall, on written request of any such Lienholder or designee, made at any time within forty (40) days after the giving of such notice by City, enter into a new lease of the Improvements with such Lienholder, or its designee, within twenty (20 ) days after receipt of such request, which new lease shall be effective as of the date of such termination of this Lease for the remainder of the term of this Lease, at the rent provided for herein, and upon the same terms, covenants, conditions and agreements as are herein contained; provided that such Lienholder shall: (a) contempor aneously with the delivery of such request pay to City all the installments of rent and all items of additional rent and other charges payable by Lessee hereunder which are then due, whether or not City has specified them as due in any notice to such Lienholder given as provided in this paragraph; (b) pay to City at the time of the execution and delivery of said new lease any and all sums for other charges payable by Lessee hereunder to and including the date thereof, together with all expenses, including reasonable attorneys' fees, incurred by City in connection with the termination of this Lease and with the execution and delivery of such new lease, less the net amount of all sums received by City from any subtenants in occupancy of any part or parts of the Improvements or any part thereof up to the date of commencement of 487/062212--0041/ 313 2412 7 a03/17/98 -3 4-
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• • such new lease; and (c) on or prior to the execution and delivery of sai d new lease, agree in wrtt�ng that promptly following the delivery of such new lease, such Lienholder or its des ignee will perform or cause to be performed all of the other covenants and agreements herein contained on Les see's part to be performed to the extent that Less ee shall have failed to perform the same to the date of delivery of such new lease, except such covenants and agreements which are not susceptible of performance by such Lienholder. Nothing herein contained shall be deemed to impose any obligation on the part of City to deliver physic al possess ion of the Improvements or any part thereof to such Lienholder unles s City at the time of the execution and delivery of such new lease shall have obtained phys ical possess ion thereof.
18 .10 Right of City to Cure Default. In the event of a default or breach by Less ee of a Permitted Encumbrance , City shall have the right , but not the obligation , to cure the default prior to completion of any foreclosure of the Permitted Encumbrance . In such event, City shall be entitled to reimburs ement from Les see of all costs and expenses incurred by City in curing the default, including legal costs and attorneys' fees , upon demand with interest at the maximum nonusurious interest rate permit ted by law.

19. EVENTS OF DEFAULT AND REMEDIES.

19. 1 Events of Def ault by Les see. The occurrence of one or more of the following events and the continuation thereof after the expiration of any applicable cure period shall consti tute an event of default under this Lease.
(a) Less ee shall after the expirat ion of the
applicable cure period fail to comply with the terms and conditions set forth in the Note or the DDA.
(b) Less ee shall abandon or surrender the Site , or the Improvements.
(c) Less ee shall fail or refuse to pay , within ten
(1 0) days of the date any ins tallment of rent or any other sum required by this Lease is due to be paid by Les see .
(d) Fai lure to perform any other provis ion of this
Lease to be performed by Less ee if the failure to perform is not cured within thirty (3 0) days after Less ee receives written notice thereof from City. In the event that such default cannot reasonably be cured within thirty (3 0) days , but is capable of being cured by Lessee) , Les see shall not be in default of this Lease if Lessee commences to cure the default within ten (10) days of delivery of such notice and dilig ently and in good faith continues to cure the default until completion , but in no event shall Les see have more than one hundred twenty (120) days after Less ee receives written notice thereof from Cit y to cure any default.
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• • (e) The subjection of any right or interest of Lessee in this Lease to attachment, execution or other levy, or to sei zure under legal process , if not released within one hundred twenty (120 ) days; provided that the foreclosure of any Leasehold Mortgage shall not be construed as a default within the meaning of this Section.
(f) The appointment of a receiver , not including
receivership pursuant to any Permitted Encumbrance, to take possession of Lessee 's interest in the leasehold estate or of Lessee 's operations on the Project for any reason , unless such receivership is terminated , dismis sed or vacated within one hundred twenty (120) days after the appointment of the
receiver.
(g) Lessee shall file a petit ion in voluntary
bankruptcy under the Bankruptcy Code of the United States or any simil ar law, state or federal, now or hereafter in effect. (h) Lessee shall file an answer admittin g insolvency
or inabilit y to pay its debts.
(i ) Wi thin one hundred twenty (120 ) days after the
fil ing against Lessee of any involuntary proceedings under such Bankruptcy Code or simil ar law, such proceedings shall not have been vacated or stayed.
(j) A trustee or receiver shall be appointed for
Lessee or for all or the majority of Lessee 's property or the Project, in any involuntary proceeding, or any court shall have taken jurisdiction of Project all or the majority of Lessee's property or the Project in any involuntary proceeding for the reorganiz ation, dissolution, liquidation or winding up of Lessee, and such trustee or receiver shall not be
discharged or such jurisdictio n relinqui shed or vacated or stayed on appeal or otherwise stayed within six ty one hundred twenty (120 ) days.
(k) Lessee shall make an assignment for the benefit of
creditors or shall admit in writin g its inabilit y to pay its debts generally as they become due or shall consent to the appointment of a receiver or trustee or liq uidator of all or the major part of its property, or the Project.

19.2 Remedies of City. In the event of any such default as described in Section 19. 1 above , City may , at its option :
(a) Correct or cause to be corrected said default and
charge the costs thereof (including costs incurred by City in enforcing this provisio n) to the account of Lessee , which charge shall be due and payable upon demand with interest at the maximum non- usurious rate permitted by law;
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• • (b) Correct or cause to be corrected said default and pay th� costs thereof {i ncluding costs incurred by City in enforcing this provision) from the proceeds of any insurance; (c) Exercise its right to maintain any and all actions
at law or suits in equity to compel Lessee to correct or cause to be corrected said default;
(d) Have a receiver appointed to take possession of
Lessee' s interest in the Project and the Improvements, with power in said receiver to administer Lessee's interest in the Site and the Improvements, to collect all funds available to Lessee in connection with its operation and maintenance of the Site and the Improvements; and to perform all other consistent with Lessee's obligation under this Lease as the court deems proper;
(e) Maintain and operate the Proj ect and the
Improvements, without terminating this Lease;
(f) Terminate this Lease by written notice to Lessee
of its intention to do so. Such notice of election to
terminate may be delivered concurrently with the notice of default.
19 .3 Right of City in the Event of Termination of Lease.

Upon termination of this Lease pursuant to Section 19. 2, it shall be lawful for City to re-enter and repossess the Site and the Improvements and Lessee, in such event, does hereby waive any demand for possession thereof, and agrees to surrender and deliver the Site and the Improvements peaceably to City immediately upon such termination in good order, condition and repair, except for reasonable wear and tear. Lessee agrees that upon such
termination, title to all the Improvements shall vest in City pursuant to Section 7. 2. Even though Lessee has breached the Lease and abandoned the Project, this Lease shall continue in effect for so long as City does not terminate Lessee's right to possession, and City may enforce all of its right and remedies under this Lease, including, but not limited to, the right to recover the rent as it becomes due under this Lease. No ej ectment, re-entry or other act by or on behalf of City shall constitute a termination unless City gives Lessee notice of termination in writing.

Termination of this Lease shall not relieve or release Lessee from any obligation incurred pursuant to this Lease prior to the date of such termination. Termination of this Lease shall not relieve Lessee from the obligation to pay any sum due to City or from any claim for damages against Lessee.

19. 4 Damages. Damages which City recovers in the event of default under this Lease shall be those which are then available under applicable California case and statutory law to lessors for leases in the State of California including, but not limited to, any accrued but unpaid rent and the worth at the time of award of the amount by which the unpaid rent for the balance of the term of 487/062212--004l/ 3132412 7 aOJ/17/98 -37-
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this Lease after the date of award exceeds the amount of such rental loss for the same period that Lessee proves could be reasonably avoided.

19.5 City Remedy for Excessive Rent Charge.
{a) It shall constitute a default for Lessee to charge
or accept for a unit rent amounts in excess of the Affordable Rent for the particular unit pursuant to Section 5.3 of this Lease. In the event that Lessee charges or receives such higher rental amounts , in addition to any other remedy City shal l have for such default, Lessee shall be required to pay to City the entire amount of rent received in excess of the amount permitted pursuant to this Lease.
(b) It shall constitute a defaul t for Lessee to
negl igently or intentiona ll y rent any unit to a tenant who is not an El igible Tenant for the particul ar unit at the appl icable Affordable Rent. In the event Lessee negl igently or intenti onally rents a unit to an inel igible tenant , in addition to any other equitable remedy City shal l have for such default , Lessee, for each separate viola tion shall be required to pay to City an amount equal to {i) two times the greater of {A} the total rent Lessee received from such inel igible tenant , or (B) the total rent Lessee was entitled to receive for renting that unit , plu s (ii) any rel ocation expenses incurred by City as a result of Lessee having rented to such inel igible person.
(c) It �hal l constitute a default for Lessee to
negl igently or intentiona ll y rent any of the units in viola tion of the leasing preference requirements of
Section 5.6 of this Lease. In the event Lessee negl igently or intentionally rents a restricted unit in violatio n of the leasin g preference requirements, in addition to any other equitable remedy City shal l have for such default, Lessee, for each separate viol ation shall be required to pay Ci ty an amount equal to two (2 ) months of rental charges for
restricted unit with the highest rent. The terms of this Section shal l not apply if Lessee rents to an ' inel igible person as a result of such person 's fraud or
misrepresentation.
(d) Lessee shall not be in default for a breach of
Section 19.5 {b) and/or {c) if Lessee commences an unla wful detainer action against the inel igible tenant within thirty {30) days after Lessee becomes aware of that the tenant is inel igible for occupancy of the Project, and Lessee dil igently pursues the unlawful detainer action to comple tion , but in no event shall Lessee have more than one hundred twenty (120) days after Lessee becomes aware that such tenant is inel igible for occupancy of the Project, to evict such inel igible tenant from the unit.
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THE PARTIES HERETO AGREE THAT THE AMOUNTS SET FORTH IN
SUBPARAGRAPHS (A) THROUGH (C) OF THIS SECTION (THE "DAMAGE AMOUNTS" ) CONSTITUTE A REASONABLE APPROXIMATION OF THE ACTUAL

DAMAGES THAT CITY WOULD SUFFER DUE TO THE DEFAULTS BY LESSEE SET

FORTH IN SUBPARAGRAPHS (A) THROUGH (C), CONSIDERING ALL OF THE

CIRCUMSTANCES EXISTING ON THE EFFECTIVE DATE OF THIS LEASE,

INCLUDING THE RELATIONSHIP OF THE DAMAGE AMOUNTS TO THE RANGE OF

HARM TO CITY AND ACCOMPLISHMENT OF CITY'S PURPOSE OF ASSISTING IN

THE PROVISION OF AFFORDABLE HOUSING TO ELIGIBLE TENANTS THAT

REASONABLY COULD BE ANTICIPATED AND THE ANTICIPATION THAT PROOF OF ACTUAL DAMAGES WOULD BE COSTLY OR INCONVENIENT. THE AMOUNTS SET

FORTH IN THIS SECTION SHALL BE THE SOLE MONETARY DAMAGES REMEDY FOR

THE DEFAULTS SET FORTH IN THIS SECTION, BUT NOTHING IN THIS SECTION

SHALL BE INTERPRETED TO LIMIT CITY'S OR CITY'S REMEDY FOR SUCH DEFAULT TO SUCH A DAMAGES REMEDY. IN PLACING ITS INITIAL AT THE

PLACES PROVIDED HEREINBELOW, EACH PARTY SPECIFICALLY CONFIRMS THE

ACCURACY OF THE STATEMENTS MADE ABOVE AND THE FACT THAT EACH PARTY

HAS BEEN REPRESENTED BY COUNSEL WHO HAS EXPLAINED THE CONSEQUENCES

OF THE LIQUIDATED DAMAGES PROVISION AT OR PRIOR TO THE TIME EACH EXECUTED THIS LEASE.

LESSEE'S INITIALS: CITY' S INITIALS:
� [TL
19 �ghts and Remedies a""e Cumulative. The remedies
provided by this Section are not exclusive and shall be cumulative to all other rights and remedies possessed by City. The exercise by City of one or more 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 Lessee.

20. NONDISCRIMINATION.

20.1 Anti- di scrimination. Subject to the age restrictions set forth in this Lease, the Grant Deed and the DDA, there shall be no discrimination against or segregation of any person, or group of persons, on account of race, color, creed, religion, sex, marital status, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Project, or any part thereof, nor shall Lessee, or any person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees of the Project, or any part thereof.

20.2 No Discrimi nation Clauses in Agreements. Subject to the tenancy/occupancy restrictions not prohibited by federal law as embodied in this Lease, which may modify the following
nondiscrimination clauses, the following shall apply:
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• • Less ee agrees for itself anq any successor in interest that Les see shall refrain from restrictin g the rental , sale, or lease of any portion of the Project ; or contracts relating to the Project , on the basis of race , color , creed , rel igion , sex, marital status , ancestry, or national origin of any person. All such deeds , leases or contracts shall contain or be subject to substanti ally the fol lowing nondisc rimination or nonsegregation clauses :
(a) In leases : "The lessee herein covenants by and
for himse lf , his heirs , executors , administ rators , and ass igns , and all persons claiming under or through him , and this lease is made and accepted upon and subject to the fol lowing conditio ns :
"That there shall be no disc riminatio n against
or segregation of any person or group of
persons on account of status , race , color ,
creed , relig ion , sex , marital status , ancestry ,
or national origin (except as required by law)
in the leas ing , subleas ing , transferr ing , use ,
occupancy , tenure , or enjoyment of the land
herein leased , nor shall the less ee hims elf , or
any person clai ming under or through him,
establis h or permit any such practice or prac
tices of disc rimin ation or segregation. with
reference to the sele ction , location , number ,
use , or occupancy of tenants , les sees ,
sublessees, subtenants, or vendees in the land
herein leased. "
(b) In contracts : "There shall be no disc rimination
against or segregation of any persons or group of persons on account of status , race, color, creed , rel igion , sex , marital status , ancestry , or national origin (except as required by law) in the sale, lease, transfer , use , occupancy, tenure , or enjoyment of land , nor shall the transferee himself , or any person clai ming under or through him, establish or permit any such practice or practices of di scrimination or segregation with reference to the selection , location, number , use , or occupancy of tenants , les sees , subtenants, sublesse es , or vendees of land."

21. NONDISCRIMINATION IN EMPLOYMENT. Les see , for itse lf and its successors and ass igns , agrees that during the operation of the Improvements provided for in this Lease , and during any work of operation , repair or replacement, Les see shal l not disc riminate against any employee or appl icant for employment because of race , color , creed , religio n , sex , marital status , phys ical or mental di sabil ity, sexual orientation , ancestry or nati onal origin , or on the bas is of any other category or status not permitted by law.

22. LABOR STANDARDS. Less ee shall comply , and require all contractors and subcontractors employed pursuant to this Lease to comply with all applicable labor standards provis ions of the 4&7/062212-0041/3\32412 7 a03/l"l/9S -4 0-
129
• • California Labor Code and federal law, including payment of prevailing wage for off-site construction of public works, if any is required pursuant to the HOME Agreement, the HOME Program, this Lease or the DDA.

23. AGENCY THIRD-PARTY BENEFICIARY. City and Lessee hereby expressly agree that the Agency shall be a th ird-p arty beneficiary of all tenns, obligations, covenants, conditions and restrictions imposed upon Lessee and Lessee's use and operation of the Proj ect by this Lease. The Agency shall have the right, but not the obligation, to enforce the tenns· and conditions of the Lease such in the event that the City elects not to enforce such tenns and conditions. Agency shall be entitle to obtain upon request therefore, any and all documents required to be delivered by Lessee to City under this Lease.

24. MISCELLANEOUS.
24 .1 Attorneys' Fees. In the event that Agency, City or Lessee to this Lease brings an action against the other party or parties hereto by reason of the breach of any condition, covenant, representation or warranty in this Lease, or otherwise arising out of this Lease, the prevailing party in such action shall be entitled to recover from the other reasonable expert witness fees, and its attorney's fees and costs. 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, including the conducting of discovery.

24. 2 Amendments. This Lease shall be amended only by a written instrument executed by the parties hereto or their successors in title, and duly recorded in the Official Records of the County of San Bernardino.

24. 3 Notice. Any notice required to be given hereunder shall be made in writing and shall be given by personal delivery, certified or registered mail, postage prepaid, return receipt requested, at the addresses specified below, or at such other addresses as may be specified in wi iting by the parties hereto:

If to City:

With a copy to:
487/062212-0041/ 3132412 7 aOJ/1 7/98
City of Chino
13220 Central Avenue
Chino, California 91 710
Attn: City Manager
Jimmy L. Gutierrez, Esq.

City Attorney, City of Chino
12616 Central Avenue
Chino, California 91 710
-4 1-
/
130
• Ci ty:

Copy to:

If to Lessee:

With a copy to:

With a copy to :

With a copy to:
• Red evelopment City of the City of Chino
13220 Central Avenue
Chino, California 9171 0
Attn: City Manager
Rutan & Tucker
611 Anton Boulevard, Suite 1400
Costa Mesa, California 92626
Attn: Jeffrey M. Oderman, Esq.

Chino Housing Investors
c/o LINC Housing, Inc.
110 Pine Avenue, Suite 525
Long Beach, CA 90802-4422
Attn: Hunter Johnson
Kaufman & Broad Multi-Housing
Group, Inc.
320 Golden Shore, Suite 20 0
Long Beach, California 90802 - 421 7
Attn: Michael N. Costa, President
Kaufman & Broad Multi-Housing
Group, Inc.
320 Golden Shore, Suite 200
Long Beach, California 90802-421 7
Attn: Barton Puchino, General Counsel
Marron, Reid & Sheehy, LLP
100 "B" Street, Suite 40 0
Santa Rosa, California 9540 4
Attn: Richard Power, Esq.

The notice shall be deemed given three (3 ) business days after the date of mailing, or, if personally delivered, when received.

24.4 Holding Over. The occupancy of the Site or
Improvements by Lessee after the expiration of the term of this Lease shall be construed to be a tenancy from month to month, and all other terms and conditions of this Lease shall continue in full force and effect.

24.5 Conflict of Interest . No member, official or employee of City or Agency shall have any personal interest, direct or indirect, in this Lease nor shall any such member, official or employee participate in any decision relating to the Lease which affects his personal interests or the interests of any corporation, partnership or association in which he is directly or indirectly interested. Lessee 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 Lease.
487/062212-0041/3132412 7 103/17/98 -42-
131
• 24 . 6 Relati onship. The relationship between the parties hereto shal l at all times be deemed to be that of landlord and tenant. The parties do not intend rior shall this Lease be deemed to create a partnership or joint venture.

24.7 Quitcl aim Deed. Upon the expiration or sooner
termination of this Lease, at the request of City , Lessee shall execute and acknowledge a quitclaim deed confirming termination of its leasehold interest to City.

24.8 Headings. Headings of sections are for convenience only, and neither limit nor amplify the provisions of the Lease itsel f.

24. 9 Estoppel Certificate. Each of the parties shall at any time and from time to time upon not less than twenty (2 0) days ' prior notice by the other, execute, acknowledge and deliver to such other party a statement in writing certifying that this Lease is unmodified and is in full force and ef fect (or if there shall have been modifications that this Lease is in ful l force and effe ct as modified and stating the modifications) , and the dates to which the rent has been paid , and stating whether or not to the best knowledge of the signer of such certif icate such other party is in default in performing or observing any provision of this Lease , and , if in defaul t, specifying each such default of which the signer may have knowledge, and such other matters as such other party may reasonably request, it being intended that any such statement delivered by Lessee may be relied upon by City o� any successor in interest to City or any prospective mortgagee or encumbrancer thereof , and it being further intended that any such statement delivered by City may be relied upon by any prospective assignee of Lessee 's interest in this Lease or any prospective mortgagee or encumbrancer thereof. Reliance on any such certificate may not extend to any default as to which the signer of the certif icate shall have had no actual knowledge.

24.10 Severability. If any provision of this Lease shall be invalid, ille gal or unenforceable , the validity , legal ity and enforceability of the remaining portions hereof shall not in any way be aff ected or impaired thereby .

24.11 Waiver. A waiver by either party of the perf ormance of any covenant or condition herein shal l not inval idate this Lease nor shall it be considered a waiver of any other covenants or conditions , nor shall the delay or forbearance by either party in exercising any remedy or right be considered a waiver of , or an estoppel against, the later exercise of such remedy or right.

24.12 Integration. The DDA, the documents executed by City and Lessee pursuant to the DDA and this Lease contain the entire Agreement between the parties and neither party rel ies on any warranty or representation not contained therein.
487/062212-0041/3132412 7 a03/l 7/98 -43 -
132
• • 24.13 Governing Law. Thi s Lease shall be governed by the laws of the State of Californi a.
24 .14 Entry and Inspection. City reserves and shall have the ri ght during reasonable business hours (excepti ng cases of emergency), upon twenty-four (24) hours' prior notice (except in the cases of emergency) to Lessee by the executive director, to enter in the Project for the purposes of vi ewing and ascertai ning the condition of the same or to protect its in terests in the Project or to inspect the operations conducted thereon.

24.15 Transfer by City. In the event City shall transfer, convey or be divested of its fee estate in and to the Project and as a part of said transacti on shall transfer, convey, assign or be divested of its interest as the landlord in and to this Lease, then, from and after the effective date of said assignment, transfer, conveyance, di vesture or reverter, City shall have no further liability for the duties and liability of the City hereunder, except for liabilities which shall have accrued and be unsatisfied as of such date, for which li abiliti es City shall continue to be obligated notwithstanding any such assignment, transfer, conveyance, divesture or reverter.
24 .16 Counterparts. This Lease may be executed in any number of counterparts, each of which shall consti tute one original and all of which shall be one and the same instrument.

IN WITNESS WHEREOF, the City and Lessee have executed this Ground Lease by duly authorized representati ves on the date first written hereinabove.

ATTEST:

By: �i:.f't.. 'Y--A � "-.1
}l, "Y.. , X U"-
As is tan tSec re tary '3 -/ 7- q�
487/062212-0041/3132412 7 aOJ/17/98

CITY OF CHINO,
a municipal corporation
By: AlJ_, �.-::: City Manager 0
CHINO HOUSING INVESTORS, L.P.
a California li mited partnership
Its: _______________ _
"Lessee"
-44-
133
•• • STATE OF CALIFORNIA )
) ss .

COUNTY OF� l�''-l•D.:<-rG. r--c )
- . 1 •
On /} )(,._\.(' t) n 1 / <jt; ( I before me I l.( r'\.l'"\.v.. ,J - le -.... , \.r :...l1' Nd w� 6-,. ... � personally appeared I �u n.J....- -r L. '-·:P\.-o�ru) ' " ------ ----- --- ,,,....---
personatt-y known to me (or proved to me on the bas is of satis factory evid ence) to be the person {.,s') whose name Cs) @/� subscribed to the within ins trument and acknowledged to me that d}_e/s�ey executed the saIJl� in Qi'°_is/-her/their authoriz ed capacity ( i-es ) , and that by <fils/-aer/their si gnatures.(.s1 on the ins trument the person � or the entity upon behalf of which the person fE{> acted , executed the ins trument.--
Witnes s my hand and official seal.

STATE OF CALIFORNIA

COUNTY OF
On
personally appeared
)
) ss .
)
before me,
personally known to me (or proved to me on the bas is of satis factory evidence) to be the person (s ) whose name (s ) is/ are subscrib ed to the within ins trument and acknowledged to me that he/she/they executed the same in his/ her/their authori zed capacity (ie s) , and that by his/ her/their si gnatures (s ) on the instrument the person (s ) or the entity upon behalf of which the person (s ) acted , executed the instrument.

Witness my hand and official seal.

Notary Publ ic
[S EAL]
487/062212-0041/313 2412 7 a03/17/98 -4 5-
134
• STATE OF CALIFORNIA
COUNTY OF Sa.n 9.£.via:,c..u.·rw
On ft Jc...{ eh 11 , 1 <t '1 t
personally appeared
ss .
be fore Il}_e , 'k I I (I ,1 J /u.(\(i_(,( I e.J •h O exJ:-, I Q. \ Q 'O (<_('1.,/u ---- ..,
- - o__ ---
personally known to me (or proved to me on the basis of s&ti s- factory ev1.tlence) to be the _p erson ya') whose name y.:f) @/a� subscribed to the within instrument and �cknowledged to me that �)she/they exec uted the same in @fh-er/their authorized capacity {-i-es--) , and that by {hls/-her/t-he ir signatures,{'s} on the instrument the person (s) or the entity upon behalf of which the person( s) acted, executed the instrument .

Witness my hand and official seal.
[SEAL]
487/062212-0041/ 31 32412 7 a03/17 /98 -46-
, il:ll • [l __ ,ch-\ � ·� .)
135
ATTACHMENT NO . 1

LEGAL DESCRIPTION OF SITE
That certain real property located in the City of Chino, County of San Bernardino, State of Calif ornia, more particularly described as:

Lots 1 through 6 and 19 through 24, in Block 38 of Town of Chino, in the City of Chino, County of San Bernard ino, State of California, as per map recorded in Book 4, page (s) 51 of Maps, in the office of the County Recorder of said County.

Except all those certain buildings and improvements now or hereaf ter constructed which buildings and improvements are and shall remain real property.

Lot 7, 8, 13, 14, 15, 16 , 17 and 18, in Block 35 of Town of Chino, in the City of Chino, County of San Bernard ino, State of California, as per map recorded in Book 4, page (s) 51, of Maps, in the office of the County Recorder of said County.

Except all those certain buildings and improvements now or hereafter constructed which buildings and improvements are and shall remain real property.
487/062212 --0041/ 313 2412 7 a03/l7/98
ATTACHMENT NO . 1

TO GROUND LEASE
136
ATTACHMENT NO. 2

LEGAL DESCRIPTION OF HOME PARCEL
That certain real property located in the City of Chino, County of San Bernardino, State of California, more particularly described as:
487/062212--0041/3132412 7 a0J/17/98
[To be inserted. ]
ATTACHME NT NO. 2

TO GROUND LEA SE
137
\
ATTACHMENT NO . 3

HOME INVESTMENT PARTNERSHIPS PROGRAM REQUIREMENTS
Pursuant to the terms of the Ground Lease, Lessee is required to assist the City and the City in leasing the Proj ect in compliance with all requirements of the HOME Program, including, but not limited to, those requirements which are summarized below. In the case of any conflict between the requirements of the HOME Program and the summary below, the HOME Program shall control .

A. Equal Opport unity and Fair Hous ing
Lessee agrees to comply with federal regulations, which state that no person shall be excluded from participating in, be denied the benefits of, or be subj ected to discrimination under any program or activity funded in whole or in part with HOME funds based on race, color, national origin, sex, age (except that the units are required to be leased to Senior Citizens), handicap, relig ion, or religious preference . In addit ion, HOME funds will be made available in accordance with the following:

1. All the requirements under the Federal Fair Housing
Act ; the Fair Employment and Housing Act (California
Government Code § 12900 et seq., and the applicable
regulations thereunder .

2. The prohibitions against discrimination on the basis of age under the Age Discrimination Act of 1975, and the
prohibition against discrimination against handicapped
individuals .

3. All requirements under the Equal Opportunity Act:
a. To the greatest extent feasible, all
opportunities for training and employment arising
in connection with the planning and carrying out
of any proje ct assisted with HOME funds will be
given to low- income persons residing with in the
City in accordance with Sect ion 3 of the Housing
and Urban Development Act of 1968, as amended,
12 U. S. C. § 1701u .
b. To the greatest extent feasible, contracts for
work to be performed in connection with any such
project be awarded to business concerns,
including , but not limited to, individuals or
firms doing business in the field of planning,
consulting or design, architecture, build ing,
487/062212-0041/313 2412.7 103/17/98
ATTACHMENT NO . 3

TO GROUND LEASE
PAGE 1 OF 4 PAGES
138
rehab, construction, which are located in or
owned by persons resi ding in the proj ect areas.

B. Af firm ati ve Marketi ng Pl an
C.

In accordance with the regulations of the HOME Investment Partnerships Program and in furtherance of the Les see' s commitment to non- disc rim inatio n and equal opportunity in hous ing, Lessee shal l establ is h a plan and procedures to affirmatively market units as si sted with HOME Program funds, unless prohibit ed by court order. The obj ective of the plan is to provide information and attract el igible persons from al l racial, ethnic and general groups in the hous ing market area to the availa ble hous ing. The affirmativ e marketing plan incl udes the fol lowing components li sted in 24 C.F.R. §921. 351 (b) which are as fol lows :

1. Methods for informing the publ ic, owners, and potential tenants about federal fair hous ing loans and the
Lessee' s affirmative marketing pol icy ;

2. Requirements and practices each owner must adhere to in order to carry out the Lessee' s affi rmative marketing procedures and requirements ;

3. Procedures to be used by owners to inform and sol icit applications from persons in the hous ing market area
who are not li kely to apply for the hous ing without
special outreach;

4. Records that will be kept describ ing actions taken by the Lessee to affirmatively market units and records to assess the results of those actions ; and

5. A descriptio n of how Less ee wil l assess the success of affirmative marketing actions and what corrective
actions will be taken where affirmative marketing
requirements are not met.

Other Require ments Wi th Whic h Lessee Will Be Required to Comply Upon Award

1. Labor. Any contract for the construction or
rehabil itation of affordable hous ing with 12 or more
units assist ed with funds made availa ble under subpart H of 24 C. F.R. Part 92 must contain a provi si on
requir ing that not less than the wages prevail ing in
the locality and the ratio of apprentices and train ees to jo urneymen, as predetermined by the Secretary of
Labor pursuant to the Davis-Bacon Act (40 U.S. C. 2761 -5 and 29 C. F. R. Parts 3, 5 and Sa), will be paid to all laborers and mechanics employed in the development of
ATTACHMENT NO. 3

TO GROUND LEASE
PAGE 2 OF 4 PAGES 487/06221 2-0041/3132412 7 103/17/98
139
affordable hous ing involved, such contracts must be
subj ect to the overtime provis ions, as applicable, of the Contract Work Hours and Safety Standards Act (4 0
U.S.C. 327-332). The City will require certificatio n
as to compliance with the provis ions of Section 92.354 before making any payment under such contract.

2. Lead-Based Paint. It is understood that housing
assist ed with HOME funds is subj ect to 24 C.F.R. part

35. 3. Conflict of Interest. Lessee wil l hereby comply with all requirements set forth regarding conflict of
interest provis ions as they apply in Section 92.356.

No member of Congress of the United States and no
res ident commiss ioner shall be admitted to any share or part of this Agreement or any benefit to arise from
this Agreement.

4. Debarment and Suspension. As required_ in Section

92. 357, Lessee will comply with all debarment and
suspension certifications.

5. Flood Insu rance. Under the Flood Disaster Protection Act of 1973, HOME funds may not be used with respect to the acquisition or rehabilitation of a proj ect located in an area identifie d by the Federal Emergency
Management City (F EMA) as having special flood hazards , unless:
1) The community in which the area is situated is
participating in the National Flood Ins urance
Program, or less than a year has passed since
FEMA notification regarding such hazards; and
2) Flood insurance is obtained in an area identified
by FEMA as having special flood haza rds, the City
is responsible for assu ri ng that flood ins urance
under the National Flood In surance Program is
obtained and maintained.

6. Nondiscrimination. Lesse e and its subcontractors and consultants shall not unlawfully discriminate, harass
or allow harass ment against any employee or applicant
for employment because of sex, race, color, ances try,
religious creed, national origin, physical disability
(including HIV and AID S) , mental disa bility, medic al condition (cancer) , age (over 40) , marital status and denial of family care leave. Les see shall insure that
the evaluation and treatment of its employees and
applicants for employment are free from such
discrimination and harass ment.
487/0622 l2--0041 /3132412 7 a0J/17/98
ATTACHMENT NO . 3

TO GROUND LEASE
PAGE 3 OF 4 PAGES
140
,.

D. Records and Repor ts
Lessee shall maintain such records and report s in order to assist th e City in meeting its record-k eeping and reporting requirements for each HOME funded activit y and project including the requirements of 42 U. S. C. § 12741 et seq. ; 24 C. F. R. §§ 92 . 216, 92 . 217, 9. 252-54, 92 . 350 -5 8, 92 . 502, 92 . 505, 92 . 508 and 92 . 509.

E. Af fordabilit y Requi rements
F.

The units located on the portion of the Project acquired with funds from the HOME Program shall meet th e affordability requirements of the HOME Program (24 C. F. R. § 92 . 252) or the provisions of Section 5 of the Ground Lease, whichever is more restrictive.

Proj ect Require ments
City shall comply with all project requirement s_ of th e HOME Program set forth in 24 C. F. R. § 92. 250-92 . 258, as applicable, in accordance with the type of project assisted.

G. Monit oring
Not less than once per year during the period the units located on the HOME Parcel are required to be maint ained affordable under th e HOME Program, City and/or City shall review Lessee' s activities and operations under the DDA and th e Lease and Lessee's compliance with th e requirements of the HOME Program in accordance with 24 C. F. R. § 92. 504( e). Such review may include on- site inspections of the Project
(including unit interiors).
487/062212-0041/31324 l2 7 a03/l7/98
ATTACHMENT NO. 3

TO GROUND LEASE
PAGE 4 OF 4 PAGES
141
ATTACHMENT NO. 4
Perio d Covered

CERTIFICATE OF CONTINUING PROGRAM COMPLIANCE

REDEVELOPMENT AGENCY OF THE

CITY OF CHINO, CALIFORNIA
The undersi gned, CHINO HOUSING INVESTORS, L. P., a Californi a limited partnership (the "Lessee"), has read and is thoroughly familiar with the provi sions of the Disposition and Development Agreement ( "DDA") and documents referred to therein executed by Lessee and the City the Redevelopment Agency of the City of Chino ("Agency" ) includi ng, but not limited to, the Ground Lease, as such term is defined in the DDA.

All of the Eligible Tenants are United States cit izens or qualified aliens. As of the date of thi s Certi ficate, the following one-bedroom and two-bedroom resid ential units in the Project (i ) are occupi ed by Low Income Senior Citi zen- Tenants and Very Low Income Senior Citi zen Tenants (as such terms are defi ned in the Regulatory Agreement) or (ii) are curr ently vacant and being held available for such occupancy and have been so held continuously since the date a Low Income Senior Citizen Tenant or Very Low Income Senior Citizen Tenant vac ated such unit; as indic ated:

Occupi ed Vacant
Low Income Senior Citizen Tenants:

Very Low Income Senior Citi zen Tenants:

Low Income Senior Citizen Tenants and Very Low Income Senior Citi zen Tenants who commenced occu pancy of one- bedroom and two bedroom units durin g the prec edin g year :

Low Income Senior
Citi zen Lessees
One- Bedroom
Unit Nos.

Two-Bedroom
Unit Nos.

Very Low Income
Citi zen Lessees
One- Bedroom
Unit Nos.

Two- Bedroom
Unit Nos.

Attached is a separate sheet (the "Occu pancy Summary") listing, among other items, the following in formation for each unit : the number of each unit, the occupants of each unit, the rental paid for each unit, the size and number of bedrooms of each unit, which units are reser ved for Low Income Senior Citi zen Tenants and Very Low Income Senior Citizen Tenants and which units ATTACHMENT NO. 4

TO GROUND LEASE
PAGE 1 OF 2 PAGE S
487/062212-0041/3132412 7 a03/17/98
142
..
became reser ved for Low Income Senior Citizen Tenants and Very Low Income Senior Citizen Tenants during the preceding quarter. The infonnation contained on the Occupancy Summary is true and accurate .

The undersigned hereby certifies that (i) a review of the activities of the Lessee during such quarter and of the Lesse e' s performance under the DDA and the documents referred to therein has been made under the supervision of the undersign ed , and (i i) to the best knowledge of the undersigned , based on the review desc ribed in clause (i) hereof , the Lessee is not in default under any of the terms and provisions of the above documents or descr ibe the nature of any detail and set forth the measures being taken to remedy such defaults .
487/062212-0041/3132412 7 a03/17/98
CHINO HOUSING INVESTORS, L.P. ,
a California limited partnership
By : ________________ _
Its : ----------------
By: ------------------
Its : ----------------
ATTACHMENT NO . 4

TO GROUND LEASE
PAGE 2 OF 2 PAGES
143

City of Chino
13220 Central Avenue
Chino, CA 91710

September 3, 2024

VIA E-MAIL

Re: Consent to Transfer Certain Ownership Interests

Project: Seasons at Chino Apartments
Address: 13160 6th Street, Chino, CA (“Property”)
Borrower: Chino Housing Investors, L.P.
1st Lender: Redevelopment Agency of the City of Chino (“RDA”) 1st Loan: $5,980,000 (“1st Loan”) evidenced by Note dated March 19, 1998 secured by Leasehold Deed of Trust recorded against the Property as Instrument No. 1998-103961 as amended (“1st Loan Documents”)
2nd Lender: City of Chino (“City”)
2nd Loan: $339,312 (“2nd Loan”) evidenced by Promissory Note dated March 17, 1998 secured by Subordinate Leasehold Deed of Trust recorded against the Property as Instrument No. 19980103963 (“2nd Loan Documents”)

Standard Communities:

The City of Chino as Successor Agency to the Redevelopment Agency of the City of Chino (“Successor Agency”) received that certain letter dated May 13, 2024 from Standard Communities entitled “Request for Consent to Transfer Certain Ownership Interests under the Disposition and Development Agreement” (“DDA”). Standard’s letter to the Successor Agency is hereinafter referred to as the “Successor Agency Request Letter.”
As the DDA is of no further force or effect, the City as Successor Agency will not issue any consent or approval under the DDA as requested in the Successor Agency Request Letter.

The Successor Agency as 1 st Lender does not believe that the proposed transfer of partnership interests requires the Successor Agency’s consent under the 1st Loan Documents.

The City as 2nd Lender does not believe that the proposed transfer of partnership interests requires the City’s consent under the 2nd Loan Documents.

Very truly yours,

CITY OF CHINO (as City and Successor Agency)
By:

Dr. Linda Reich, City Manager & Executive Director
144

City of Chino
13220 Central Avenue
Chino, CA 91710

September 3, 2024

VIA E-MAIL

Re: Consent to Transfer Certain Ownership Interests:

Project: Seasons at Chino Apartments
Address: 13160 6th Street, Chino, CA
Tenant: Chino Housing Investors, L.P.

Landlord: City of Chino (“City”)
Ground Lease: Ground Lease dated March 17, 1998 by and between Landlord and Tenant (“Ground Lease”)
Standard Communities:

The City received that certain letter dated May 13, 2024 from Standard Communities entitled “Request for Consent to Ground Lease Transfer” under the Ground Lease (“City Request Letter.)” The City of Chino as Successor Agency to the Redevelopment Agency of the City of Chino (“Successor Agency ”) concurrently received that certain letter dated May 13, 2024 from Standard Communities entitled “Request for Consent to Transfer Certain Ownership Interests under the Disposition and Development Agreement (“DDA”). Standard’s letter to the Successor Agency is hereinafter referred to as the “Successor Agency Request Letter.”
This letter constitutes the approval of City as landlord under the Ground Lease of the proposed organizational transfers in the Tenant entity as specified in the City Request Letter. City does NOT approve or consent to a general transfer of the Ground Lease by the Tenant. City issues the foregoing approval of the organizational transfers as of the date of this letter and in reliance on the specified partnership transfer information set forth in the Successor Agency Request Letter.

City as landlord under the Ground Lease further approves the potential engagement of the new property manager being Apartment Management Consultants, LLC, a Utah limited liability company as set forth in the in the City Request Letter. City issues the foregoing approval in reliance of the accuracy of the information provided in the City Request Letter and on the condition that upon any such change of the property manager, City will be formally and promptly notified in writing confirming the appointment of the new entity as property manager and specifying the contact information for the new property manager.

As the DDA is of no further force or effect, the City as Successor Agency will not issue any consent or approval under the DDA as requested in the Successor Agency Request Letter.

This Consent is valid until October 31, 2024, which date may be extended by the City Manager in writing. Upon consummation of the transfers, a written confirmation of same shall be promptly provided to Agency.

Very truly yours,

CITY OF CHINO
By:

Dr. Linda Reich, City Manager
145
1 GROUND LESSOR ESTOPPEL CERTIFICATE
September __, 2024
PROPERTY NAME: Seasons Senior Villas
PROPERTY ADDRESS: 13160 6th St,
Chino, CA 91710
San Bernardino County
(“Real Property”)
LEASE DATE: March 17, 1998
GROUND LESSOR: City of Chino, a municipal corporation
(“Ground Lessor”)
GROUND LESSEE: Chino Housing Investors, L.P., a California limited partnership (“Ground Lessee”)
BUYER: Standard Seasons Chino SLP LLC, a Delaware limited liability company and Standard Seasons Chino LP LLC, a Delaware limited liability company (jointly, “Buyer”)

Ground Lessor acknowledges that Buyer is requiring this Ground Lessor Estoppel Certificate (this “Estoppel Certificate”) in connection with its acquisition of certain partnership interests in the Ground Lessee which will continue to hold leasehold interest under the current Ground Lease dated May 17, 1998 together with any other amendment, supplement or agreement related thereto, is attached hereto as Schedule I (collectively, the “Lease”) of the Real Property (“Premises”).

Buyer acknowledges that the Premises shall be used only for affordable housing in accordance with Section 4 of the Lease.

Accordingly, Ground Lessor hereby certifies and confirms to Buyer as follows:

1. A true, complete and correct copy of the Lease is attached hereto as Schedule 1 and except as attached, the Ground Lease has not been modified, changed, altered, assigned, supplemented or amended in any respect and is the entire agreement between Ground Lessor and Ground Lessee with respect to the Ground Lease.

2. Pursuant to Section 18 of the Lease, Ground Lessor acknowledges Ground Lessee has the right to obtain a mortgage loan secured by a lien encumbering the Premises as security for repayment of a mortgage loan.

3. The Lease provides for an original term of fifty-seven (57) years, commencing on March 24, 1998 (the date of recordation of the Lease) and expiring on March 24, 2055. 146
2 4. The Lease makes the following provision for renewal or extension of its term beyond the original term: (mark one)
( X ) the Lease does not contain an option(s) or other right to renew or extend for any additional term or terms.
(___) the Lease contains an option for ___________ additi onal term(s) of ________ years each.

5. The rent currently payable by Ground Lessee to Ground Lessor under the Lease is the Net Operating Income as defined in Section 3.1 of the Lease (“Rent”). All Rent and other charges due to Ground Lessor payable by Ground Lessee under the Ground Lease through the date hereof have been fully paid by Ground Lessee with the understanding the Rent for the current year of 2024 is only due and payable at the end of the calendar year. The Rent paid for the calend ar year of 2023 was $442,239.83.

6. To the best of Ground Lessor ’s knowledge, (i) the Lease is valid and in full force and effect, (ii) there is no existing default or unfulfilled obligation on the part of Ground Lessee and/or Ground Lessor in any of the term s and conditions of the Lease, and (iii) no event has occurred or condition exists which, with the passing of time or giving of notice or both, would constitute an event of default under the Lease.

7. To the extent specified in Section 7 of the Ground Lease, all Improvements located on the Real Property are owned by Ground Lessee.

8. As set forth in Section 18, Ground Lessor acknowledges (i) that it shall not accept a voluntary surrender , voluntary termination or materially amend the Lease without the prior written consent of a mortgage lender , if a ny; (ii) the Lease cannot be terminate d except in compliance with Section 18.5; and (iii) a mortgage lender would have certain rights with respect to the Lease, including, but not limited to, the right to foreclose, cure a default, or enter into a new lease.

9. Ground Lessor has not received written notice that the Real Property is in violation of any governmental law or regulation and, to the best of Ground Lessor ’s knowledge, Ground Lessor has no reason to believe that there are grounds for any claim of any such violation.

10. Buyer will rely on the representations and warranties made by Ground Lessor herein in connection with Buyer ’s acquisition of certain partnership interests in Ground Lessee and Ground Lessor agrees that Buyer may so rely on such representations and warranties. [Signature Page Follows]
147
Signature Page to Ground Lessor Estoppel Certificate – Seasons Senior Villas

IN WITNESS WHEREOF, the undersigned has signed and delivered this Estoppel Certificate.

GROUND LESSOR:

CITY OF CHINO, a municipal corporation

By: __________________________
Dr. Linda Reich, City Manager

148

SCHEDULE I TO GROUND LESSOR ESTOPPEL CERTIFICATE
(Copy of Lease)
149

MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: SEPTEMBER 3, 2024

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

SUBJECT
..titl e
Amendment to Professional Services Agreement with Aleshire & Wynder, LLP. ..end

RECOMMENDATION
Adopt Resolution No. 2024 -042 and approve a third amendment to the City of Chino's agreement with Aleshire & Wynder, LLP adding hourly rates for services specific to Watermaster legal services and amendments to personnel assignment guidelines. ..body

FISCAL IMPACT
Sufficient funds have been included in the FY 2024-25 budget.

Revenue: Click or tap here to enter text.

Expenditure: 5207300-43500
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CITY COUNCIL MEETING DATE: SEPTEMBER 3, 2024
TITLE: AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH ALESHIRE & WYNDER, LLP.

PAGE: 2

BACKGROUND
The City of Chino requires specialized legal services for Watermaster matters to include advice and litigation support regarding the Judgment by the Chino Basin Water Master and subsidiary entities. This service is currently provided by Jimmy L. Gutierrez, A Law Corporation, who is retiring. For other legal services, the City currently has a contracted City Attorney, Fred Galante, through the firm Aleshire & Wynder, LLP (A&W).

ISSUES/ANALYSIS
The p roposed third amendment with A&W is to allow for the specialized Watermaster legal services for which one of the firm’s equity partners, Keith Lemieux, ha s expertise in these matters and will be engaged to assist.

The Watermaster legal services include adv ice and litigation regarding implementation of the Judgment by the Chino Basin Water Master and subsidiary entities. The proposed amendment adopts the following rates for the Watermaster legal services only, with all other rates and terms will remaining the same:
$325 Partners
$285 Associates
$180 Paralegal/Law Clerk
$110 Document Clerk

In addition, it is recommended that Section 9 of the Agreement, entitled “Personnel” will be amended in its entirety to read as follows:
“9. Personnel. In addition to Fred Galante acting as City Attorney, A&W will provide attorneys to serve in the role of Assistant City Attorney and Lead Litigation Counsel, which personnel may be replaced by direction of the majority of the City Council or City Manager , in their discretion. Assignments may be modified as provided in Section 1 above and except as so provided, A&W will exercise its discretion to utilize whichever attorney(s) (and staff) it determines to be best suited to its rendition of legal services u nder this Agreement, on matters assigned by the City, consistent with the competent and efficient rendering of legal services, and with a view toward rendering such services in an economically efficient matter.”

Attachments: Resolution 2024-042
Third Amendment to Aleshire & Wynder, LLP Agreement

151
RESOLUTION NO. 2024-042

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

CALIFORNIA, APPROVING THE THIRD AMENDMENT TO THE

PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF CHINO

AND ALESHIRE AND WYNDER, LLP FOR CITY ATTORNEY SERVICES

WHEREAS, on March 7, 2017 , the City Council approved a professional services agreement with Aleshire & Wynder, LLP; and

WHEREAS, on November 3, 2020, the City Council approved a first amendment to the professional services agreement with Aleshire & Wynder, LLP, increasing select hourly rates; and

WHEREAS, on April 4, 2023 , the City Council approved a second amendment to the professional services agreement with Aleshire & Wynder, LLP, increasing select hourly rates; and

WHEREAS, to allow for specialized legal services related to Watermaster, the proposed third amendment adopts additional rates for Watermaster legal services only, that will include advice and litigation services regarding implementation of the Judgement by the Chino Basin Water Master and subsidiary entities and amend Section 9 of the personnel roles for the Assistant City Attorney and Lead Litigation Counsel; and

WHEREAS, pursuant to the existing professional services agreement, the hourly rates for legal services as set forth in the second amendment to the agreement (City of Chino Professional Services Agreement Number 2017-281) remain the same.

NOW, THEREFORE BE IT RESOLVED as follows:

1. The City Council hereby approves the third amendment between the City of Chino and Aleshire & Wynder, LLP , increasing the hourly compensation in the amounts stated in the third amendment related to legal rates for Watermaster.

2. The City Clerk shall certify to the adoption of this Resolution.

APPROVED AND ADOPTED THIS 3rd Day of September, 2024.

_________________________
EUNICE M. ULLOA, MAYOR
ATTEST:

_____________________________

NATALIE GONZAGA, CITY CLERK

CITY OF CHINO
152
Resolution 2024-042

Page 2 of 2 ends

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss.

CITY OF CHINO )

I, Natalie Gonzaga, City Clerk of the City of Chino, do hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of Chino at a regular meeting held on the 3rd Day of September 2024, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

NATALIE GONZAGA, CITY CLERK
153
Project Name/No.: ________________ Contract No.: ______________ Project Manager: ________________ Approved: ______________

AMENDMENT NO. 3

TO AGREEMENT FOR SERVICES

THIS AMENDMENT NO. 3 TO THE AGREEMENT FOR SERVICES
(“Amendment”) by and between the CITY OF CHINO, a California municipal corporation (“City”) and Aleshire & Wynder LLP (“A&W”), is dated as of July ___, 2024.

RECITALS
A. City and A&W entered into that certain Agreement for Contractual Services dated March 7, 2017 (“Agreement”) whereby A&W agreed to provide City Attorney services.

B. On November 3, 2020, City and A&W approved that certain Amendment No. 1 to the Agreement to increase the applicable compensation rates.

C. On April 4, 2023, City and A&W approved that certain Amendment No. 2 to the Agreement to increase the applicable rates.

D. City and A&W now desire to amend the Agreement to increase the applicable compensation rates and update the designation of the Assistant City Attorney.

TERMS

1. Contract Changes.
(a) Exhibit 1 of the Agreement, entitled “Rate Schedule” is hereby amended to add the additional clause below:
“To allow for the specialized Watermaster legal services for which Keith Lemieux of the Firm will be engaged to assist , which includes advice and litigation services regarding implementation of the Judgment by the Chino Basin Water Master and subsidiary entities, the following rates shall apply:
$325 Partners
$285 Associates
$180 Paralegal/Law Clerk
$110 Document Clerk
The above rates shall thereafter be adjusted pe r the terms of Exhibit 1 . Except as so amended, Exhibit 1 shall remain unmodified and in full force and effect.”

2. Section 9 of the Agreement, entitled “Personnel” is hereby amended in its entirety to read as follows , with the deleted language appearing in strikeout and added language in underlined text:
“9. Personnel. In addition to Fred Galante acting as City Attorney, A&W will provide the following additional attorneys to render the predominant legal services hereunder:
154

- 2 -
01225.0001/866443.1

Brian Wright-Bushman Assistant City Attorney
G. Ross Trinder Litigation
With the approval of the City Manager or designee, a attorneys to serve in the role of Assistant City Attorney and Lead Litigation Counsel, which personnel may be replaced by direction of the majority of the City Council or City Manager, in their discretion. A ssignments may be modified as provided in Section 1 above and except as so provided, A&W will exercise its discretion to utilize whichever attorney(s) (and staff) it determines to be best suited to its rendition of legal services under this Agreement, on matters assigned by the City, consistent with the competent and efficient rendering of legal services, and with a view toward rendering such services in an economically efficient matter.”
Continuing Effect of Agreement. Except as amended by this Amendment, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement, as amended by this Amendment to the Agreement.

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

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

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

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

5. Authority. The persons executing this Amendment on behalf of the parties hereto warrant that (i) such party is duly organized and existing , (ii) they are duly authorized to execute and deliver this Amendment on behalf of said party, (iii) by so executing this Amendment, such party is formally bound to the provisions of this Amendment, and (iv) the entering into this Amendment does not violate any provision of any other agreement to which said party is bound. [SIGNATURES APPEAR ON FOLLOWING PAGE]
155

- 3 -
01225.0001/866443.1

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

CITY:

CITY OF CHINO, a municipal corporation

Eunice M. Ulloa, Mayor

ATTEST:

Natalie Gonzaga, City Clerk

A&W:

ALESHIRE & WYNDER, LLP, a California
limited liability partnership

By: _____________________________
Name: Fred Galante, City Attorney
Title: Equity Partner

Address: 1 Park Plaza
Suite 1000
Irvine, CA 92614

156

MEMORANDUM

CITY OF CHINO

COMMUNITY SERVICES, PARKS & RECREATION DEPARTMENT

CITY COUNCIL MEETING DATE: SEPTEMBER 3, 2024

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

RECREATION

SUBJECT
..titl e
Contract Approval – Human Services Programs for Residents of Chino Hills. ..end

RECOMMENDATION
1) Approve a contract with the City of Chino Hills effective retroactive to July 1, 2024, in the amount of $306,788 for the provision of Human Services programs for residents of Chino Hills for FY 2024 -25, 2) increase the Community Services revenue budget by $118,139; and 3) authorize the City Manager to execute all necessary documents on behalf of the City.

..body

FISCAL IMPACT
Increase the Community Services revenue budget by $118,139.

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:
 Commitment to Our Community
 Superior Customer Service
 Public Service Excellence through Internal and External Partnerships

Revenue: 3308120-58040

Expenditure:

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CITY COUNCIL MEETING DATE: SEPTEMBER 3, 2024
TITLE: CONTRACT APPROVAL - HUMAN SERVICES PROGRAMS FOR RESIDENTS OF CHINO HILLS.

PAGE: 2

BACKGROUND
The City of Chino Community Services , Parks & Recreation Department has a long -standing history of providing Human Services programs to all students in the Chino Valley Unified School District (CVUSD). The CVUSD is unable to employ the expert staff to facilitate these programs; therefore, contracts with the City of Chino (Chino) to offer these services.

Many of these programs are funded by grants the CVUSD receives and some of the administrative costs are not reimbursable. Due to the positive impacts of these programs, the CVUSD and Chino contribute to the ongoing program costs not covered by the grants.

The City of Chino Hills (Chino Hills) also sees the benefits of these programs and reimburses Chino for the direct and indirect costs associated with the services provided to Chino Hills’ residents. Chino Hills has received these services for more than 20 years.

ISSUES/ANALYSIS
This agreement requires Chino Hills to reimburse Chino for programs provided to Chino Hills’ residents. The estimated costs for these services in FY 2024-25 are $306,788. This will require a $118,139 increase to the Community Services revenue budget for FY 2024 -25. The Human Services programs provided for Chino Hills residents in the 2024-2025 school year are:
 HOPE Family Resource Centers
 McKinney-Vento CARE (Credit Academic Recovery Education) Program  Teen Counseling
 Youth Counseling
 Tobacco Use Prevention Education (TUPE)
The Chino Hills City Council approved this agreement at its August 13, 2024 meeting.

Attachments: Chino Hills Agreement
A - City of Chino Hills Salaries Worksheet - (FY 2024-25) B - City of Chino Hills Programs Worksheet - (FY 2024-25)

158

Page 1 ends

CHINO CONTRACT NO.: ______________
APPROVED: ______________

AGREEMENT

CITY OF CHINO AND CITY OF CHINO HILLS

HUMAN SERVICES PROGRAMS
FY 2024-2025

This agreement, entered into this 1st day of July 2024, by and between the City of Chino, a municipal corporation, herein referred to as “Chino” and the City of Chino Hills, a municipal corporation, herein referred to as “Chino Hills” includes the terms and conditions regarding the Human Services Programs provided to the Chino Valley Unified School District (District).

Whereas, Chino and Chino Hills have joined together to deliver a comprehensive Human Services Program, to the areas commonly referred to as the Chino Valley, through the Chino Valley Unified School District. The Human Services Program provides youth and adults with effective and positive programs in which to participate.

Whereas, services provided in the Human Services Program include individual and family counseling which address delinquency diversion, abuse, low mood, anxiety, family relations, and other social adjustment issues. Services are expected to be provided in -person at the school sites unless schools return to Distance Learning; in which case , services will be provided through telehealth.

I. HUMAN SERVICES PROGRAMS
The City of Chino, Human Services, shall provide and administer the following programs to the City of Chino Hills:

A. HOPE FAMILY RESOURCE CENTERS
The HOPE Family Resource Centers are school -based service sites dedicated to preserving and strengthening local families in need of support. Six resource centers and four satellite sites, strategically located and accessible from all areas of the District, will house a bilingual Case Manager to work closely with school administ ration and District staff to identify students and families in need of assistance. Case Managers provide services for all schools located in the City of Chino Hills. The Case Manager can assist students and families with Medi -Cal/CalFresh/CalWORKs applicat ions, food, clothing, childcare/preschool information, counseling, parenting support, emergency housing, tutoring information, and more. Case Management services will be provided in -person unless schools return to Distance Learning, in which services will be provided via telehealth and/or drive -through pick -up for all necessary emergency items like food, hygiene, and school supplies. In addition , a HOPE Counselor provides counseling services to student s referred through the HOPE Family Resource Centers . S ervices will be provided at the students ’ respective school sites , at the agency, or by telehealth, if 159

Page 2 ends

special circumstances require it. Counselor will also provide referrals for families that have special needs and need a higher level of service.

B. MCKINNEY-VENTO CASE MANAGEMENT AND COUNSELING PROGRAM The McKinney-Vento Case Management program serves homeless students, unaccompanied youth, and families by ensuring school stability and providing support services for academic success. Students and familie s temporarily sharing housing due to economic hardship, the loss of their own housing, living in a motel, hotel, trailer park, emergency or transitional shel ter, campground, or vehicle may be eligible to certain educational rights and services under the Mc Kinney-Vento Homeless Assistance Act.

Case Managers are available to assist with resources and referrals for housing, emergency and transitional shelters, counseling, health services, food, clothing, school supplies, hygiene items, and more. Case Managers will also monitor student's academic progress and attendance, and will provide additional supportive services as needed. In addition, a CARE Counselor provides counseling services to students and/or family referred through the Mc-Kinney Vento Children’s Academic Recovery Education (CARE) program .

Services will be provided at the students’ respective school sites , at the agency, or by telehealth, if special circumstances require it . Counselor will also provide referrals for families that have special needs and need a higher level of service.

C. TEEN COUNSELING
The Teen Counseling program provid es counseling services to middle and high school students. This program helps teens deal with school, family, academic behavioral, peer adjustment issues, such as bullying and other social issues . This program is designed to provide short -term counseling, guidance with behavioral issues, and positive dialogue opportunities. Administrator evaluations are requested.

D. YOUTH COUNSELING
The Youth Counseling program pr ovides assistance to elementary school-aged children who are in need of guidance with behavioral issues, self-esteem, bullying, and other social issues. Administrator evaluations will be conducted at the end of each school year to gauge program success and to make program adjustments for the following year.

E. TOBACCO USE PREVENTION EDUCATION PROGRAM (TUPE)
The Tobacco Use Prevention Education Program (TUPE) consists of two prevention/cessation/intervention programs: You & Me, Together Vape Free (YMVF) and Project Alert (PA). You & Me, Together Vape Free is a 6th grade, six -lesson prevention curriculum that provides activities, online quiz games, and worksheets in addition to presentations, resources, and other materials aimed at addressing key factors associated with youth e -cigarette use. Project ALERT is the 7th grade, seven -lesson curriculum that motivates students against drug use, cultivates new non-use attitudes and beliefs, and equips teens with the skills and strategies they will use to resist drugs.

II. PROGRESS REPORTS
Participation reports outlining programming activity shall be forwarded to the City of Chino Hills semi-annually. The first report shall summarize program activity from July 1 , through December 31, 2024, and the second shall provide information from January 1, through June 30, 2025. These reports shall be delivered to the City of Chino Hills within 30 days after the end of the reporting period. Each set of reports shall include:
160

Page 3 ends

A. INFORMATIONAL ITEMS: Items such as curriculum changes and brochures.

B. STATISTICS: Statistical data indicating units of services provided to the residents of Chino Hills.

C. PROGRAM EVALUATIONS: A narrative will summarize, analyze, and constructively critique the programs. It will provide parti cipant breakdowns by schools and the results of the pre - and post -tests (where applicable). Program summary will be completed with the second half report.

III. BILLINGS AND PAYMENTS
A. BILLINGS
Chino shall provide semi -annual billing statements to Chi no Hills.

These statements shall be included with the semi -annual progress report. Billing invoices shall include cost recovery for program administration and other related costs, such as supplies. Program costs shall be reimbursed at a rate based on t he "actual" percentage of Chino Hills students served for each program. The attached contract total reflects an estimated contract rate based on historical participation of 40%. In addition to program cost, 22% for General Overhead shall be due.

General Overhead shall include 22% of Community Services, Parks & Recreation Department overhead. Community Services , Parks & Recreations Department overhead shall include expenses charged and distributed to the Human Services Program budget.

B. PAYMENTS
Chino Hills shall remit payment to Chino within 30 days of receipt of billing statement. Payment shall be made payable to "City of Chino" and shall be sent to:

City of Chino
Community Services, Parks & Recreation Department
Attn: Janelle Bower
13220 Central Avenue
Chino, CA 91710

IV. FUNDING AND MID-YEAR ADJUSTMENTS
The services to be provided in this Agreement are conditional upon funding availability and may immediately terminate should the funding be eliminated. In the event of unpredicted changes (such as, funding decre ases or increases), a mid -year adjustment to this agreement may be required .

Necessary adjustments shall be discussed by both parties, mutually agreed upon, and formalized through an amendment to this Agreement.

Any new programs received and/or developed mid -year shall be presented to Chino Hills for an opportunity to participate. Should additional services or programs be requested, the responsibilities and costs of such shall also be formalized through an amendment to this Agreement.

V. TERM, RENEWAL, AND TERMINATION
A. TERM AND RENEWAL
This Agreement shall, unless sooner terminated as hereinafter provided, remain in 161

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force for a period of twelv e months commencing July 1, 2024, and terminating on June 30, 2025. Not earlier than one hundred-twenty (120) days, and not later than sixty (60) days, prior to the end of the term hereof, the parties agree to meet and confer to negotiate continuing this Agreement for the next succeeding year and the terms thereof; provided that neither party shall be required to continue this agreement beyond the original term, that neither party shall be required to negotiate for more than (60) days and that neither party shall be prevented from exercising any rights retained under this Agreement solely because of such negotiations.

B. TERMINATION
At any time during the term hereof, the obligations of the parties hereunder may be terminated by either party with or without cause effective sixty (60) days after written notice to the other party of its election to so terminate.

VI. NOTICE
All notices under this Agreement shall be in writing and shall be delivered by courier service or by certified or registered mail, postage prepaid, return receipt requested, of the parties. Any written notice to any of the parties required or permitted hereunder shall be deemed to have been duly given on the date of service if served personally or if served by facsimile transmission (with confirmation of receipt), or seventy-two (72) hours after the mailing. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given as provided hereunder shall be deemed to be receipt of the notice, demand or request sent. Notices of the parties shall be addressed as follows:

To CHINO HILLS: City Clerk
City of Chino Hills
14000 City Center Drive
Chino Hills, CA 91709

To CHINO: June Sano
City of Chino
13201 Central Avenue
Chino, CA 91710
Each party shall provide the other party with telephone and written notice of any change in address as soon as practicable.

VII. INDEMNITY/INSURANCE
Neither Chino nor any officer or employee of Chino shall be responsible for any damage or liability occurring by reason of any acts or omissions on the part of Chino Hills under or in connection with any work, authority or jurisdiction delegated to or determined to be the responsibility of Chino Hills under this Agreement. It is also understood and agreed that, pursuant to Government Cod e, Section 895.4, Chino Hills shall fully indemnify, defend , and hold Chino harmless from any liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of any acts or omissions on the part of Chino Hills under or in connection with any work, authority or jurisdiction delegated to or determined to be the responsibility of Chino Hills under this Agreement.

Neither Chino Hills nor any officer or employee of Chino Hills shall be responsible for any damage 162

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or liability occurring by reason of any acts or omissions on the part of Chino under or in connection with any work, authority or jurisdiction delegated to or determined to be the responsibility of Chino under this Agreement. It is also understood and agreed that, pursuant to Government Code, Section 895.4, Chino shall fully indemnify, defend , and hold Chino Hills harmless from any liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of any acts or omissions on the part of Chino under or in connection with any work, authority or jurisdiction delegated to or determined to be the responsibility of Chino under this Agreement.

Each party shall comply with all federal, state, and local laws and ordinances applicable to such work and shall provide general liability insurance, $1 million single limits or if self-insured, each party will provide proof of self-insurance to the other party.

VIII. GOVERNING LAW
This Agreement shall be governed by, construed in accordance with, and interpreted under the laws of the State of California and shall be deemed to have been entered into in Chino, California , for purposes of venue no matter where actually executed.

IX. SEVERABILITY
If any provision of this Agreement shall be determined to be contrary to law or unenforceable, the remaining provisions shall, at the option of the party who would have been benefited by such unenforceable provision, be severable and enforceable in accordance with their terms.

X. ENTIRE AGREEMENT
This Agreement, the Schedules attached hereto, and any other document delivered pursuant hereto, constitute the entire agreement of the parties. No changes, modifications, or additions to the Agreement shall be valid unless the same shall be in writing, signed by all parties hereto, and made in accordance with the provisions of this Agreement.

XI. AMENDMENTS
This Agreement may be amended only in writing signed by all parties hereto.

XII. ATTORNEY'S FEES
The parties each agree that, in the event of any breach of this Agreement, the party aggrieved shall be entitled to recover from the party who breaches, in addition to any other relief provided by law, such costs and expenses as may be incurred by said party, including court costs, attorney's fees, and other costs and expenses, ta xable or otherwise, reasonably necessary in preparing the defense of, defending against, or seeking or obtaining an abatement of, or an injunction against, such action or proceeding, or in enforcing this Agreement, or in establishing or maintaining the applicability of, or the validity of, this Agreement, or any provision thereof, and in the prosecuting any counterclaim or cross-complaint based thereon.

XIII. COUNTERPARTS
This Agreement may be executed in multiple identical counterparts, each of which shall be deemed an original, but all of which together will constitute one and the same instrument , but the parties agree that the agreement on file in the Office of Chino's City Clerk is the version of the Agreement 163

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that shall take precedent should any differences exist among counterparts of the document.

IN WITNESS WHEREOF, the parties have executive this Agreement as of the date first written above.

CITY OF CHINO CITY OF CHINO HILLS

APPROVED BY: APPROVED BY:

Linda Reich, City Manager Cynthia Moran, Mayor

ATTEST: ATTEST:

Natalie Gonzaga, City Clerk Cheryl Balz, City Clerk

APPROVED AS TO CONTENT: APPROVED AS TO FORM:

Silvia Avalos, Director of Community Services, Mark D. Hensley, City Attorney Parks & Recreation

APPROVED AS TO FORM:

ALESHIRE & WYNDER, LLP

Fred Galante, City Attorney

Attachments:

A – City of Chino Hills Salaries Worksheet - (FY 2024-25) B – City of Chino Hills Programs Worksheet - (FY 2024-25) 164
Hope Family Teen Youth McKinney- TOTAL
Full Time Salaries Resource Center Counseling Counseling Vento TUPE Supervisor 35.0% 5.0% 5.0% 5.0% 5.0% 55.0%
36,218.00$ 5,174.00 $ 5,174.00 $ 5,174.00 $ 5,705.45 $ 57,445.45 $ Clinical Specialist 5.0% 5.0% 5.0% 5.0% 0.0% 20.0%
8,551.90$ 8,551.90 $ 8,551.90 $ 8,551.90 $ - $ 34,207.60$ 100.0% 25% 25% 15% 20.0% 185.0%
Coordinator 84,521.32 $ 20,716.75 $ 20,716.75 $ 12,430.05 $ 18,274.80 $ 156,659.67 $ Subtotal 129,291.22 $ 34,442.65 $ 34,442.65 $ 26,155.95 $ 23,980.25 $ 248,312.72 $ Benefits (66%) 85,332.21 $ 22,732.15 $ 22,732.15 $ 17,262.93 $ 15,826.97 $ 163,886.40 $ TOTAL 214,623.43 $ 57,174.80 $ 57,174.80 $ 43,418.88 $ 39,807.22 $ 412,199.12 $ Part Time Salaries
Account Technician (20%) 2,689.96$ 2,689.96 $ 2,689.96 $ 2,689.96 $ 2,689.96 $ 13,449.80 $ Direct Program Staff 186,824.00 $ 160,741.98 $ 221,780.04 $ 166,687.00 $ 34,772.00 $ 770,805.02 $ Subtotal 189,513.96 $ 163,431.94 $ 224,470.00 $ 169,376.96 $ 37,461.96 $ 784,254.82 $ Benefit (22%) 41,693.07 $ 35,955.03 $ 49,383.40 $ 37,262.93 $ 8,241.63 $ 172,536.06$ TOTALS: 231,207.03 $ 199,386.97 $ 273,853.40 $ 206,639.89 $ 45,703.59 $ 956,790.88 $ Central Services (22%) 463.19 $ 463.19 $ 463.19 $ 463.19 $ 463.19 $ 2,315.94$ Insurance Allocated (22%) 776.34 $ 776.34 $ 776.34 $ 776.34 $ 776.34 $ 3,881.68$ Building Allocated (22%) 5,414.07 $ 5,414.07 $ 5,414.07 $ 5,414.07 $ 5,414.07 $ 27,070.34 $ Operations (100%) 16,500.00 $ 800.00 $ 2,824.50$ - $ 1,200.00$ 21,324.50 $ Subtotal 23,153.59 $ 7,453.59 $ 9,478.09 $ 6,653.59 $ 7,853.59 $ 54,592.46 $ TOTALS: 468,984.05 $ 264,015.36 $ 340,506.29 $ 256,712.36 $ 93,364.40 $ 1,423,582.46$

ATTACHMENT A

CITY OF CHINO HILLS

SALARIES WORKSHEET
FY 2024-25
8/14/2024 ATTACHMENT A
165
Hope Family Teen Youth McKinney-
Resource Center Counseling Counseling Vento TUPE
Full Time Salaries 129,291.22$ 34,442.65 $ 34,442.65 $ 26,155.95 $ 23,980.25 $ 248,312.72 $ Part Time Salaries 189,513.96$ 163,431.94 $ 224,470.00 $ 169,376.96 $ 37,461.96 $ 784,254.82 $ Benefits 127,025.28$ 58,687.18 $ 72,115.55 $ 54,525.86 $ 24,068.60 $ 336,422.46 $ Central Services 463.19$ 463.19 $ 463.19 $ 463.19 $ 463.19 $ 2,315.94$ Insurance Allocated 776.34$ 776.34 $ 776.34 $ 776.34 $ 776.34 $ 3,881.68$ Building Allocated 5,414.07$ 5,414.07 $ 5,414.07 $ 5,414.07 $ 5,414.07 $ 27,070.34 $ Operations 16,500.00$ 800.00 $ 2,824.50 $ - $ 1,200.00$ 21,324.50 $ Sub Total Cost 468,984.05$ 264,015.36 $ 340,506.29 $ 256,712.36 $ 93,364.40 $ 1,423,582.46$ Revenue 360,000.00$ 49,920.00 $ 54,177.00 $ 143,000.00 $ 49,517.63 $ 656,614.63 $ Total Net 108,984.05 $ 214,095.36 $ 286,329.29 $ 113,712.36 $ 43,846.77 $ 766,967.83 $ Cost to Chino Hills
Based on 40% Actuals 43,593.62$ 85,638.14 $ 114,531.72 $ 45,484.94 $ 17,538.71 $ 306,787.13 $ Total

ATTACHMENT B

CITY OF CHINO HILLS

PROGRAMS WORKSHEET
FY 2024-25
8/14/2024 ATTACHMENT B
166

MEMORANDUM

CITY OF CHINO

COMMUNITY SERVICES, PARKS & RECREATION DEPARTMENT

CITY COUNCIL MEETING DATE: SEPTEMBER 3, 2024

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

RECREATION

SUBJECT
..titl e
Master Contracts - Chino Valley Unified School District. ..end

RECOMMENDATION
1) Approve the Master Contracts with the Chino Valley Unified School District effective retroactive to July 1, 2024, for the amounts of $360,000 for HOPE Program (Exhibit 1); $49,517.63 for Tobacco Prevention (Exhibit 2); $143,000 for CARE Program (Exhibit 3); $104,097 for LEA School -Based Couns eling/Health Services (Exhibit 4); $1,978,175.65 for ELOP/ASES After School Program (Exhibit 5); $137,500 for TYKES (Exhibit 6); and Rate Sheet per Student tuition reimbursement for Sunrise Kids before school program and High Five ASP/Sunrise Kids BSP (Exh ibit 7), for the provision of Community Services programs for FY 2024-25, 2) appropriate an additional $854,866 to the Community Services Fund, 3) increase the revenue budget of the Community Services Fund by $497,149, and 4) authorize the City Manager to execute all necessary documents on behalf of the City.

..body

FISCAL IMPACT
Requires an additional appropriation of $854,866 to the Community Services Fund with a corresponding increase of $497,149 to the revenue budget of the Community Services Fund.

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
 Public Service Excellence Through Internal & External Partnerships

Revenue: 33081206-59500 ($6,056); 33081207-59500
($6,920); 33081204-59500-G8590 ($58,000); 33081208-59500 (<$240,000>); 33082201-59500-G8521 ($666,173)

Expenditure: 33081204-40010-G8590 ($91,765); 33081208-
40010 ($114,361); 33082201-40010-G8521 ($648,740)
Transfer In: Click or tap here to enter text. Transfer Out: Click or tap here to enter text. 167
CITY COUNCIL MEETING DATE: SEPTEMBER 3, 2024
TITLE: MASTER CONTRACTS - CHINO VALLEY UNIFIED SCHOOL DISTRICT.

PAGE: 2

BACKGROUND
For several years, the City of Chino has partnered with the Chino Valley Unified School District (District). Through this partnership, the City and District work together to provide a variety of programs and services benefiting youth in the community. The se programs include counseling, case management, resource centers, intervention and prevention programming, after school programs, and programs for parents of preschool children.

ISSUES/ANALYSIS
In order to facilitate efficient coordination and implementation of services, the District enters into a contract with the City to provide the services outlined in the Master Contracts (Exhibits 1 -7).

Once services are rendered, the City bills the Distric t and the District reimburses the City for those services.

The Master Contracts were approved at the Chino Valley Unified School District Board of Education meetings on June 6, and July 18, 2024. Some of the grants were approved for different amounts t han what was included in the FY 2024-25 budget and will require an additional appropriation. This will require an additional appropriation of $854,866 to the Community Services expense budgets and an increase of $497,149 to the Community Services revenue budgets.

Attachments: Master Contracts - Exhibits 1-7

168
EXHIBIT“1” ens-2425073
_so‘e/5LhP3520%.,
\ ’la
; b ‘\t ,

CHINOVALLEY

UNIFIEDSCHOOLDISTRICT
5130RlversuieDrlve,Chmo,CA91710
(909)628-1201
NameofDepartment/Site
Sub
NameofContactPerson:

HealthServices/HOPEProgram

KATHYCASINO,DIRECTOR,PURCHASING

AGREEMENTFORCONSULTANTSERVICES/MASTERCONTRACT
ThisAgreementismadebetweentheCHINOVALLEYUNIFIEDSCHOOLDISTRICT, ("DISTRICT")andCityofChino-HOPEProgram(“CONSULTANT”)
(REcrrALs)
WHEREAS,CONSULTANTisespeciallyskilled,trained,experienced,andcompetentto rendertheservicesandadvicedescribedinSectionIhereof;and WHEREAS,DISTRICTrequirestheservicesdescribedinSection1hereofandDISTRICT isunabletoobtainthemfromexistingpersonnel;and
NOW,THEREFORE,DISTRICTANDCONSULTANTmutuallyagreeasfollows:

1.ServicestobeProvidedbyCONSULTANT:
a.CONSULTANTwillrendertheservicestoDISTRICTthataredescribedas:
casemanaementsupportservicesforstudentsandfamiliesviaFamilyResourceenters. b.CONSULTANTwillcommenceworkunderthisAgreementonorabout7/1/2024andwill diligentlyprosecutetheworkthereafter.CONSULTANTwillcompletetheworknotlater than6/30/2025.Upona showingofgoodandsufficientcausebyCONSULTANT, DISTRICTmay,initssolediscretion,grantsuchextensionoftimeasitmaydeem advisable.However,DISTRICTshallnotpayCONSULTANTanyadditionalcompensation ifsuchanextensionisgranted,unlessCONSULTANTperformsadditionalservices,the compensationforwhichshallbedeterminedbytheDISTRICTandCONSULTANTin writing.
c.CONSULTANTwillperformsaidservicesinhisorherownwayandasanindependent contractorinthepursuitofhisorherindependentcallingandnotasanemployeeof DISTRICT.HeorsheshallbeunderthecontroloftheDISTRICTastotheresulttobe accomplishedandnotastothemeansormannerbywhichsuchresultistobe accomplished.
a
m
169
CIIS-2425-073
CONSULTANT'SRepresentations:

CONSULTANTrepresentsthatheorshehastheskills,experience,andknowledgenecessary toperformtheservicesagreedtobeperformedunderthisAgreement;andCONSULTANT understandstheDISTRICThasreliedupontherepresentationsofCONSULTANTthatheor shehastheskills,experience,andknowledgetoperformtheservicesrequiredbythis Agreementinacompetentmanner.CONSULTANTunderstandsthescopeoftheservices requiredtobeperformedunderthisAgreement.CONSULTANTwarrantsthatheorshewill faithfullyanddiligentlyperformtheserviceshereunder.

CONSULTANTshallemploy,asa minimum,generallyacceptedstandardsofpractices employedbypersonsengagedinprovidingsimilarservicesinexistenceatthetimeofthe performanceoftheobligationshereunder.
.CompensationtoCONSULTANT:
a.Consultantwillprovideservicesfortheamountof:$360,000.00 b.NOadditionalcompensationwillbegrantedunlessagreedtoinwritingbyDISTRICT. c.FundingSource:LCAP
d.DISTRICTwillnotwithholdFederalorStateincometaxdeductionsfrompaymentsmade toCONSULTANTunderthisAgreementbutwillprovideCONSULTANTwithastatement ofearningsattheconclusionofeachcalendaryear.
e.Forservicesrendered,theCONSULTANTmustsubmittotheDISTRICTa detailed requestforpaymentwithanitemizedinvoice,describingservicesprovide,withthe signatureofsiteprincipalormanager,notingworkorservicewascompleted. .DurationofAgreement:

ThetermofthisAgreementshallcommenceon7/1/2024andterminateon6/30/2025.

Subjecttotermsandconditionsstatedin#10.
.DISTRICTtoProvideInformation:

DISTRICTwillprepareandfurnishtoCONSULTANTuponhisorherrequestsuch informationasisreasonablynecessarytotheperformanceofCONSULTANT’Sworkunder thisAgreement.
.OwnershipofMaterials:

Anyandalldocuments,ormaterialspreparedorcausedtobepreparedbyCONSULTANT pursuanttothisAgreementshallbethejointpropertyoftheDISTRICTandCONSULTANT uponpaymentbytheDISTRICT.Allsaiddocumentsandmaterialsshallbedeliveredtoand becomethejointpropertyoftheDISTRICTandCONSULTANT.
170
CllS—2425-073

7.GeneralProvisions:
a.CONSULTANTshallcomplywithallFederal,Stateandlocallawsandordinances applicabletosuchwork.CONSULTANTshallprovideworkers'compensationinsuranceor self-insureforhisorherservices.Evidenceofinsurance(GeneralLiability,Professional Liability,AutoandWorkers’Comp)shallbeprovidedtoDISTRICTuponexecutionofthis Agreement.
b.IfCONSULTANTisanindividual,forservicesrendered,heorshemustsubmittothe DISTRICTacompletedIRSW9formthatmustincludeCONSULTANT’Ssignature,social securitynumberortaxidentificationnumber;andstatewhetherornotCONSULTANTis aretiredmemberoftheStateTeachersRetirementSystemoftheStateofCalifornia. c.ThisAgreementmaybeamendedbythemutualwrittenconsentoftheparties.

8.Assignment:

ThisAgreementmaynotbeassignedwithoutthewrittenconsentoftheDISTRICT.

9.Indemnification:

IncontemplationoftheprovisionsofSection895.2oftheGovernmentCodeoftheStateof Californiaimposingcertaintortliabilityjointlyuponpublicentitiessolelybyreasonofsuch entitiesbeingpartiestoanagreementasdefinedbySection895ofsaidCode.,eachofthe Partieshereto,pursuanttotheauthorizationcontainedinSection895.4and895.6ofsaid Code,willassumethefullliabilityimposeduponit,oranyofitsofncers,agents,or employees,bylawforinjurycausedbyanegligentorwrongfulactofomissionoccurringin the.performanceofthisAgreementtothesameextentthatsuchliabilitywouldbeimposed intheabsenceofSection895.2ofsaidCode.Toachievetheabove-statedpurpose,each PartyindemninesandholdharmlesstheotherPartyofanyloss,cost,orexpensethatmay beimposeduponsuchotherPartysolelybyvirtueofsaidSection895.2.Thepartiesagree toindemnify,defend,andholdharmlesseachotheragainstanyandallliability,expense andclaimsarisingfromtheirrespectivenegligentorwrongfulactsandomissions.The provisionsoftheSectionshallsurvivetheterminationofthisAgreement.

10.Termination:
a.IfDISTRICTdetermines,initssolediscretion,thatCONSULTANT’Sserviceshavebeen orbecomeunsatisfactory,DISTRICTmayterminatethisAgreementandthe CONSULTANT’Sserviceshereunder.Further,DISTRICTmaysuspendtheperformance oftheworkunderthisAgreementforafixedorindenniteperiod.
b.Asanalternativetoaunilateralterminationundersubsection(a)thereof,theDISTRICT mayissuetoCONSULTANTa writtennoticeofanydeficiencyordelayinthe performancesortheserviceshereunder.Inthatevent,CONSULTANTshallcureany suchdeficiencywithintheperiodspecifiedinsaidnotice.IfCONSULTANTfailstocure thedenciencywithinthespecifiedperiod,DISTRICTmayterminatethisAgreement. c.IftheCONSULTANTterminatesthisAgreementforunsatisfactoryperformance,the DISTRICTshallonlypayCONSULTANTforthoseservicessatisfactorilyrenderedthrough 3 171
CllS—2425—073
theterminationdateasdeterminedbytheDISTRICT,initssolediscretion.Ifthe DISTRICTsuspendstheperformanceofCONSULTANTservicesunderthisAgreement, theDISTRICTshallonlypayCONSULTANTforthoseservicessatisfactorilyrendered throughthesuspensiondatebytheCONSULTANTasdeterminedbytheDISTRICT,inits solediscretion.
d.EitherpartymayterminatethisAgreementbyprovidingthirty(30)dayswrittennotice totheotherparty.

11.Counterparts:

Thisagreementmaybeexecutedincounterparts,eachofwhichshallbedeemedtobean original,andsuchcounterpaitsshallconstituteoneandthesameinstrument.

12.Severability:

IntheeventthatpartofthisAgreementshallbedeclaredinvalidorunenforceablebya validjudgmentordecreeofa courtofcompetentjurisdiction,suchinvalidityor unenforceabilityshallnotaffectanyoftheremainingportionofthisAgreementwhichare herebydeclaredasseverableandshallbeinterpretedtocarryouttheintentoftheparties hereunderunlesstheinvalidprovisionissomaterialthatitsinvaliditydeprivedeitherparty ofthebasicbenefitoftheirbargainorrendersthisAgreementmeaningless.

13.Notice:

Anynotice,demand,request,document,consent,approval,orcommunicationeitherparty desiresorisrequiredtogivetotheotherpartyoranyotherpersonshallbeinwritingand eitherservedpersonallyorsentbyprepaid,first-classmail,inthecaseoftheDISTRICT,to thePurchasingDirector,ChinoValleyUnifiedSchoolDistrict,5130RiversideDrive,Chino, CA91710andinthecaseoftheCONSULTANTtotheperson(s)attheaddressdesignated ontheexecutionpageofthisAgreement.Eitherpartymaychangeitsaddressbynotifying theotherpartyofthechangeofaddressinwriting.Noticeshallbedeemedcommunicated bythetimepersonallydeliveredorinseventy-two(72)hoursfromthetimeofmailingif mailedasprovidedinthisSection.
[SIGNATURESONTHEFOLLOWINGPAGE]
172
CllS—2425-O73
day
InWITNESS
andyear

WHEREOF
asfollows?
thepartieshaveexecutedthisAgreementinChino,Californiaonthe ChinoValleyUnihedSchoolDistrict CityofChino-HOPEProgram 13220CentralAve.

Chino,CA91710
2 Ph:909—334-3487
Email:[email protected]
KathCasino
PurcasingDirector
Date:Jéd7/ gm/0709?
AuthorizedSignature
PrintName/Title
Date
AuthorizedSignature
PrintName/Title
Date
BoardApproved:7/18/2024
NOTICE
Purchaseordersarerequiredforallpurchases/services.CVUSDdesirestopay allinvoicespromptly,however,servicescannotberendered,andinvoices cannotbepaiduntilvendorsignsandreturnsthiscontractFailuretosignand returnthiscontractbeforeprovidingservicesmayresultinnon-paymentfor saidservices.

CVUSD(11111sc/iaalsizeASE/USE’spnynenttermsareNET30.
173
AgreementforContractor/ConsultantServices
ScopeofWorkforCityofChino
ScopeofWorkissubjecttochangeasconditionsandbudgetrequire.Changesmade willbesubmittedforapproval.

TheCityofChinowill:

ProjectedNumbers:

1.HOPECenterswillserveapproximately1,500students/families throughouttheDistrict’sboundaries.

2. CAREClosetwillserveapproximately1,000students/families.

Additionalnotes:

UnspentCaseManagement—fundscanbeusedtowardServices&Supplies.

UnspentServices&SuppliesfundscanbemovedtoCaseManagement—lineitem.

Page1of3
District-CityStandardizedScopeofWork 2024/25
ProgramName/DepartmentHOPEProgram/HealthServices
Timeline July1,2024-June30,2025
ContractingService(s)CaseManagement
TotaiProjectAmount $360,000

1. Providefourtoeightpart—timefluentbilingual(Spanish/Mandarin)CaseManagers tosupportstudentsandfamiliesremotelyorthroughtheFamilyResourceCenters locatedondistrict/schoolsites.ACommunityServicesSupervisor,Coordinator,and onetotwoCaseManagerIlswillprovideoversighttoCitystaff.

3. Providebilingual(Spanish)specialistsand/orleaderstosupporttheCARECloset, acceptingandkeepingtrackofdonations,organizing,andrestockingtheCloset withemergencyhygieneandschoolsupplies.

3.PlanandconductoutreachatvariousCity,Community,andDistrictlocationsinthe ChinoValley.

4.ProvidemonthlyandquarterlyprogramdatatoCVUSD.TheSupervisor& CoordinatorwillmeetwithDistrictprogramstaffonaquarterlybasis.

6.EnsureCaseManagersattendprofessionaldevelopmenttrainingthroughoutthe year.

7. Ensurestaffisknowledgeableanduptodateregardingavailablecommunity-based resources,includingbutnotlimitedtofoodbanks,emergencysupplies,clothing banks,rentalassistance,domesticviolencesupport,childcareresources,andother relatedsupportservices.Staffwillprovidereferralstomentaland/orphysicalhealth resourcesasneededorrequested.
174
Budget:

Salary/Personnel
*Hourlyrateshavenotbeenconfirmedfor24-25
EstablishedsalaryrangesandratesaresubjecttotheapprovalofCityofChinoCityCounciland pursuanttoallapplicablestateandlocallaws,ordinances,andrules.Salaryrangesandrates maychangeatanytimebasedonCityCouncildirectionand/orchangespursuanttoall applicablelaws,ordinances,andrules.

Services&Supplies
District-CityStandardizedScopeofWork
Page2of3
2024/25
Title DescriptionofServicestobe
Provided
rate
notto
hrs#of
wks
#ofTotal
per staff
exceedwk
1 Case
ManagerII
(bilingual)
Willassessneedsofstudents
andfamiliesatvariousschool
sites;willtrackstudent $48.54*25—45-1-2$61,140
progress;willassistlocatingand
obtainingresources,provide
35 52
follow—up,monitor,document,
andevaluateprogress.Will
providetrackinginformationto
Supervisor,Coordinator,and
Districtstaff.Willfacilitate
training.
2 Case
Managerl
(bilingual)
Willassessneedsofstudents
andfamiliesatvariousschool
sites;willtrackstudent $43.98*25—45-4-8$88,377
progress;willassistlocatingand
obtainingresources,provide
35 52
follow—up,monitor,document,
andevaiuateprogress.
3 Specialist/
Leader
(bilingual)
WillsupporttheCARECloset,
processdonations,andkeepan
inventoryofitems
$40.84*20-
35 50 1—2$38,000
4 CoordinatorWillsupervise,assist,and
37 52(FFE) supporttheCMs,andcomplete$43.93* 1 $84,521
staffperformanceevaluations.
5 Coordinator
Benefits
Includesstandardbenefitsand
healthandwelfarecosts - 4O 52 l $63,962
6 Supervisor
Providegeneralprogram
supervision $66.93*2-452 1 $7,500
SALARIES $343,500
175
Page3of3
District-CityStandardizedScopeofWork 2024/25
1 OperatingEquipmentCityorderedsupplies,citystaffpolo $1,500 shirtswithlogo,snacks/lightmealsfor
student/parentworkshops
2 Mileage Site/schoolvisitsorsessions,training,
homevisits,etc.
$2,000
3 Printing&BindingCity—issuedbusinesscards,name
badges
$300
4 Trainingcosts Children’sNetworkConferenceand $5,500
otherrelevantprofessionaldevelopment
opportunities
5 Telecommunication
costsforstaff
Cellphonesforstaffuse
l
$7,200
BudgetSalaries $343,500
BudgetServices/Supplies $16,500
ProjectTotal $360,000
176
EXHIBIT“2"
cus-2425-o7o
choc/s.Faxwe5
mag
yf
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bm
£Vi'

CHINOVALLEY

UNIFIEDSCHOOLDISTRICT
5130RlversldeDrlve,Chmo,CA91710
(909)628-1201
NameofDepartment/Site
SubmittingContract: HealthServices/TUPEGrant
NameofContactPerson: KATHYCASINO,DIRECTOR,PURCHASING

AGREEMENTFORCONSULTANTSERVICES/MASTERCONTRACT
ThisAgreementismadebetweentheCHINOVALLEYUNIFIEDSCHOOLDISTRICI', ("DISTRICT")andCityofChino-TobaccoPrevention(“CONSULTANT”) (REcrrALS)
WHEREAS,CONSULTANTisespeciallyskilled,trained,experienced,andcompetentto rendertheservicesandadvicedescribedinSectionIhereof;and WHEREAS,DISTRICTrequirestheservicesdescribedinSection1hereofandDISTRICT isunabletoobtainthemfromexistingpersonnel;and
NOW,THEREFORE,DISTRICTANDCONSULTANTmutuallyagreeasfollows:

1.ServicestobeProvidedbyCONSULTANT:
a.CONSULTANTwillrendertheservicestoDISTRICTthataredescribedas:
tobaccopreventioneducationandcessation.
b.CONSULTANTwillcommenceworkunderthisAgreementonorabout7/1/2024andwill diligentlyprosecutetheworkthereafter.CONSULTANTwillcompletetheworknotlater than6/30/2025.Upona showingofgoodandsufhcientcausebyCONSULTANT, DISTRICTmay,initssolediscretion,grantsuchextensionoftimeasitmaydeem advisable.However,DISTRICTshallnotpayCONSULTANTanyadditionalcompensation ifsuchanextensionisgranted,unlessCONSULTANTperformsadditionalservices,the compensationforwhichshallbedeterminedbytheDISTRICTandCONSULTANTin writing.
c.CONSULTANTwillperformsaidservicesinhisorherownwayandasanindependent contractorinthepursuitofhisorherindependentcallingandnotasanemployeeof DISTRICT.HeorsheshallbeunderthecontroloftheDISTRICTastotheresulttobe accomplishedandnotastothemeansormannerbywhichsuchresultistobe accomplished.
177
CllS-2425—O70
CONSULTANT’SRepresentations:

CONSULTANTrepresentsthatheorshehastheskins,experience,andknowledgenecessary toperformtheservicesagreedtobeperformedunderthisAgreement;andCONSULTANT understandstheDISTRICThasreliedupontherepresentationsofCONSULTANTthatheor shehastheskills,experience,andknowledgetoperformtheservicesrequiredbythis Agreementinacompetentmanner.CONSULTANTunderstandsthescopeoftheservices requiredtobeperformedunderthisAgreement.CONSULTANTwarrantsthatheorshewill faithfullyanddiligentlyperformtheserviceshereunder.

CONSULTANTshallemploy,asa minimum,generallyacceptedstandardsofpractices employedbypersonsengagedinprovidingsimilarservicesinexistenceatthetimeofthe performanceoftheobligationshereunder.
.CompensationtoCONSULTANT:
a.Consultantwillprovideservicesfortheamountof:$49,517.63 b.NoadditionalcompensationwillbegrantedunlessagreedtoinwritingbyDISTRICT. c.FundingSource:TUPEGrant
d.DISTRICTwillnotwithholdFederalorStateincometaxdeductionsfrompaymentsmade toCONSULTANTunderthisAgreementbutwillprovideCONSULTANTwithastatement ofearningsattheconclusionofeachcalendaryear.
e.Forservicesrendered,theCONSULTANTmustsubmittotheDISTRICTa detailed requestforpaymentwithanitemizedinvoice,describingservicesprovide,withthe signatureofsiteprincipalormanager,notingworkorservicewascompleted. .DurationofAgreement:

ThetermofthisAgreementshallcommenceon7/1/2024andterminateon6/30/2025.

Subjecttotermsandconditionsstatedin#10.
.DISTRICTtoProvideInformation:

DISTRICTwillprepareandfurnishtoCONSULTANTuponhisorherrequestsuch informationasisreasonablynecessarytotheperformanceofCONSULTANT’Sworkunder thisAgreement.
.OwnershipofMaterials:

7.GeneralProvisions:
a.CONSULTANTshallcomplywithallFederal,Stateandlocallawsandordinances applicabletosuchwork.CONSULTANTshallprovideworkers'compensationinsuranceor self-insureforhisorherservices.Evidenceofinsurance(GeneralLiability,Professional Liability,AutoandWorkers’Comp)shallbeprovidedtoDISTRICTuponexecutionofthis Agreement.
b.IfCONSULTANTisanindividual,forservicesrendered,heorshemustsubmittothe DISTRICTacompletedIRSW9formthatmustincludeCONSULTANT’Ssignature,social securitynumberortaxidentmcationnumber;andstatewhetherornotCONSULTANTis aretiredmemberoftheStateTeachersRetirementSystemoftheStateofCalifornia. c.ThisAgreementmaybeamendedbythemutualwrittenconsentoftheparties.

8.Assignment:

ThisAgreementmaynotbeassignedwithoutthewrittenconsentoftheDISTRICT.

9.Indemnification:

IncontemplationoftheprovisionsofSection895.2oftheGovernmentCodeoftheStateof Californiaimposingcertaintortliabilityjointlyuponpublicentitiessolelybyreasonofsuch entitiesbeingpartiestoanagreementasdennedbySection895ofsaidCode.,eachofthe Partieshereto,pursuanttotheauthorizationcontainedinSection895.4and895.6ofsaid Code,willassumethefullliabilityimposeduponit,oranyofitsofncers,agents,or employees,bylawforinjurycausedbyanegligentorwrongfulactofomissionoccurringin theperformanceofthisAgreementtothesameextentthatsuchliabilitywouldbeimposed 7 intheabsenceofSection895.2ofsaidCode.Toachievetheabove-statedpurpose,each PartyindemninesandholdharmlesstheotherPartyofanyloss,cost,orexpensethatmay beimposeduponsuchotherPartysolelybyvirtueofsaidSection895.2.Thepartiesagree toindemnify,defend,andholdharmlesseachotheragainstanyandallliability,expense andclaimsarisingfromtheirrespectivenegligentorwrongfulactsandomissions.The provisionsoftheSectionshallsurvivetheterminationofthisAgreement.

10.Termination:
a.IfDISTRICTdetermines,initssolediscretion,thatCONSULTANT’Sserviceshavebeen orbecomeunsatisfactory,DISTRICTmayterminatethisAgreementandthe CONSULTANT’Sserviceshereunder.Further,DISTRICTmaysuspendtheperformance oftheworkunderthisAgreementforanxedorindefiniteperiod.
b.Asanalternativetoaunilateralterminationundersubsection(a)thereof,theDISTRICT mayissuetoCONSULTANTa writtennoticeofanydeficiencyordelayinthe performancesortheserviceshereunder.Inthatevent,CONSULTANTshallcureany suchdeficiencywithintheperiodspecifiedinsaidnotice.IfCONSULTANTfailstocure thedeficiencywithinthespecifiedperiod,DISTRICTmayterminatethisAgreement. c.IftheCONSULTANTterminatesthisAgreementforunsatisfactoryperformance,the DISTRICTshallonlypayCONSULTANTforthoseservicessatisfactorilyrenderedthrough 3 179
CHS-2425-070
theterminationdateasdeterminedbytheDISTRICT,initssolediscretion.Ifthe DISTRICTsuspendstheperformanceofCONSULTANTservicesunderthisAgreement, theDISTRICTshallonlypayCONSULTANTforthoseservicessatisfactorilyrendered throughthesuspensiondatebytheCONSULTANTasdeterminedbytheDISTRICT,inits solediscretion.
d.EitherpartymayterminatethisAgreementbyprovidingthirty(30)dayswrittennotice totheotherparty.

11.Counterparts:

Thisagreementmaybeexecutedincounterparts,eachofwhichshallbedeemedtobean original,andsuchcounterpartsshallconstituteoneandthesameinstrument.

12.Severability:

IntheeventthatpartofthisAgreementshallbedeclaredinvalidorunenforceablebya validjudgmentordecreeofa courtofcompetentjurisdiction,suchinvalidityor unenforceabilityshallnotaffectanyoftheremainingportionofthisAgreementwhichare herebydeclaredasseverableandshallbeinterpretedtocarryouttheintentofthepartieshereunderunlesstheinvalidprovisionissomaterialthatitsinvaliditydeprivedeitherparty ofthebasicbenefitoftheirbargainorrendersthisAgreementmeaningless.

13.Notice:

Anynotice,demand,request,document,consent,approval,orcommunicationeitherparty desiresorisrequiredtogivetotheotherpartyoranyotherpersonshallbeinwritingand eitherservedpersonallyorsentbyprepaid,first-classmail,inthecaseoftheDISTRICT,to thePurchasingDirector,ChinoValleyUninedSchoolDistrict,5130RiversideDrive,Chino, CA91710andinthecaseoftheCONSULTANTtotheperson(s)attheaddressdesignated ontheexecutionpageofthisAgreement.Eitherpartymaychangeitsaddressbynotifying theotherpartyofthechangeofaddressinwriting.Noticeshallbedeemedcommunicated bythetimepersonallydeliveredorinseventy-two(72)hoursfromthetimeofmailingif mailedasprovidedinthisSection.
[SIGNATURESONTHEFOLLOWINGPAGE]
180
CNS-2425070
day
InWITNESS
andyear

WHEREOF
asfoliows:'
thepartieshaveexecutedthisAgreementinChino,Californiaonthe ChinoValleyUnifiedSchoolDistrict CityofChino-TobaccoPrevention 13220CentralAve.

Chino,CA9171O
] v
Ph:909—334-3465
Email:mpratt@cityofchinororg
KathyCasino
PurchasingDirector
Date:/“My at;/MW
AuthorizedSignature
PrintName/Title
Date
AuthorizedSignature
PrintName/Title
Date
BoardApproved:7/18/2024
NOTICE
Purchaseordersarerequiredforallpurchases/services,CVUSDdesirestopay allinvoicespromptly,however,servicescannotberendered:andinvoices cannotbepaiduntilvendorsignsandreturnsthiscontract.Failuret0signand returnthiscontractbeforeprovidingservicesmayresultinnon-paymentfor saidservices:

CVUSD(111d56/100]siteASE/USE’SpaymenttermsareNET30.
181
AgreementforContractor/ConsultantServices
ScopeofWorkforCityofChino
ProgramName/
Department
TUPETobaccoUsePreventionEducation/
HealthServices
Timeline July1,2024-June30,2025
Contracting
Service(s)
YouandMe,TogetherVapeFree(YMVF)6”]grade
ProjectAlert(PA)—7thgrade
TotalProjectAmounti$49,517.63
TheCityofChinowill:

1. ProvideYouandMe,TogetherVapeFree(YMVF)curriculumtoallCVUSD6thgrade classrooms.Theclasseswillconsistof650-minutelessonsusingtheStanford TobaccoPreventionToolkitYMVFonlinecurriculum.

2. ProvideProjectAlertcurriculatoallCVUSD7thgradestudentsintheirscience classrooms.Theseclasseswillconsistof11corelessonscondensedto7sessionsof 50minutes.

3. Collaboratewithschoolsitestaff,TUPEgrantcoordinator,andgrantevaluator throughouttheyear.TUPEgrantcoordinatorwillassistProjectSpecialistsas needed.

Scheduleprogramclassesforallschools(oranydelaystothescheduling)by October.ProvideclassschedulestotheTUPEgrantcoordinator.

4. Toensurendelityofthecurricula:

AdministerPreandPostSurveystostudentsasinstructedbytheTUPEgrant evaluator.

Keepattendancerecordsforeveryclass.

FillouttheStaffSessionSelf-evaluationformforeachclasssession.

FilloutoneStaffImplementerSurveyforeachprogramtaught(oneforYMVF,one forPA).

HavetheschoolsiteteacherfillouttheTeacherSurveyattheconclusionofeach classsessionforYMVFandPA

5. AllProgramSpecialists(PS)willattendthe3-hourtrainingwiththeTUPEgrant coordinatorandevaluatorinAugust.

EachnewProjectAlertProgramSpecialist(PS)willcompletetheProjectAlertonline training.

You,andMe,TogetherVapeFree(YMVF)PSwillcompletethe90-minutetrainingby Stanfordpriortoteaching.

6.Submitailcompletedsurveysandformswithin4weeksoftheendofeachclass series,nolaterthanMay16,2025.

7. ProvideaCommunityServices,Parks&RecreationCoordinator(Coordinator)who willsupervisesubcontractedstaff.TheCoordinatorwilluseasystematicprocessfor trainingandsupervisingtheCommunityServices,Parks&RecreationSpecialist (Specialist);collaboratewiththeTUPEProgramManager;willreviewandenter 182
*Estab/ishedsalaryrangesandratesaresubject[otheapprovalofCityofChinoCityCouncilandpursuant toallapplicablestateandlocallawsordinances,andrulesSalaryrangesandratesmaychangeatanytime basedonCityCouncildirectionand/’orchangespursuanttoallapplicablelaws,ordinances,andrules. month-endreportsandprovideprogramsummariesfortheChinoValleyUnified SchoolDistrictbiannualreport;andoverseecohortschedulingandarrangementof Specialistsatschoolsiteswhileadjustingasneeded.

Numbers:

1.YMVF-YouandMe,TogetherVapeFree-2002students
PA—ProjectAlert—2042students
183
EXHIBIT“3"
ens-2425077
su‘eSchc P

UNIFIEDSCHOOLDISTRICT
5130RxversxdeDnve,Chmo,CA91710
(909)628-1201
NameofDepartment/Site
SubmittingContract: HealthServices/CareProgram
NameofContactPerson: KATHYCASINO,DIRECTOR,PURCHASING

AGREEMENTFORCONSULTANTSERVICES/MASTERCONTRACT
ThisAgreementismadebetweentheCHINOVALLEYUNIFIEDSCHOOLDISTRICT, (”DISTRICT")andCityofChino-CAREProgram(“CONSULTANT")
(REcrrALS)
WHEREAS,CONSULTANTisespeciallyskilled,trained,experienced,andcompetentto rendertheservicesandadvicedescribedinSectionIhereof;and WHEREAS,DISTRICTrequirestheservicesdescribedinSection1hereofandDISTRICT isunabletoobtainthemfromexistingpersonnel;and
NOW,THEREFORE,DISTRICTANDCONSULTANTmutuallyagreeasfollows:

1.ServicestobeProvidedbyCONSULTANT:
a.CONSULTANTwillrendertheservicestoDISTRICTthataredescribedas:
casemanaementandsupportservicesforstudentsidentifiedas
homeless/cKinney-Vento.
b.CONSULTANTwillcommenceworkunderthisAgreementonorabout7/1/2024andwill diligentlyprosecutetheworkthereafter.CONSULTANTwillcompletetheworknotlater than6/30/2025.Upona showingofgoodandsumcientcausebyCONSULTANT, DISTRICTmay,initssolediscretion,grantsuchextensionoftimeasitmaydeem advisable.However,DISTRICTshallnotpayCONSULTANTanyadditionalcompensation ifsuchanextensionisgranted,unlessCONSULTANTperformsadditionalservices,the compensationforwhichshallbedeterminedbytheDISTRICTandCONSULTANTin writing.
c.CONSULTANTwillperformsaidservicesinhisorherownwayandasanindependent contractorinthepursuitofhisorherindependentcallingandnotasanemployeeof DISTRICT.HeorsheshallbeunderthecontroloftheDISTRICTastotheresulttobe accomplishedandnotastothemeansormannerbywhichsuchresultistobe accomplished.
184
CNS-2425077
CONSULTANT’SRepresentations:

CONSULTANTshallemploy,asa minimum,generallyacceptedstandardsofpractices employedbypersonsengagedinprovidingsimilarservicesinexistenceatthetimeofthe performanceoftheobligationshereunder.
.CompensationtoCONSULTANT:
a.Consultantwillprovideservicesfortheamountof:$143,000.00 b.NoadditionalcompensationwillbegrantedunlessagreedtoinwritingbyDISTRICT. c.FundingSource:Title1
d.DISTRICTwillnotwithholdFederalorStateincometaxdeductionsfrompaymentsmade toCONSULTANTunderthisAgreementbutwillprovideCONSULTANTwithastatement ofearningsattheconclusionofeachcalendaryear.
e.Forservicesrendered,theCONSULTANTmustsubmittotheDISTRICTa detailed requestforpaymentwithanitemizedinvoice,describingservicesprovide,withthe signatureofsiteprincipalormanager,notingworkorservicewascompleted. .DurationofAgreement:

ThetermofthisAgreementshallcommenceon7/1/2024andterminateon6/30/2025.

Subjecttotermsandconditionsstatedin#10.
.DISTRICTtoProvideInformation:

DISTRICTwillprepareandfurnishtoCONSULTANTuponhisorherrequestsuch informationasisreasonablynecessarytotheperformanceofCONSULTANT’Sworkunder thisAgreement.
.OwnershipofMaterials:

8.Assignment:

ThisAgreementmaynotbeassignedwithoutthewrittenconsentoftheDISTRICT.

9.Indemnification:

IncontemplationoftheprovisionsofSection895.2oftheGovernmentCodeoftheStateof Californiaimposingcertaintortliabilityjointlyuponpublicentitiessolelybyreasonofsuch entitiesbeingpartiestoanagreementasdefinedbySection895ofsaidCode.,eachofthe Partieshereto,pursuanttotheauthorizationcontainedinSection895.4and895.6ofsaid Code,willassumethefullliabilityimposeduponit,oranyofitsofficers,agents,or employees,bylawforinjurycausedbyanegligentorwrongfulactofomissionoccurringin theperformanceofthisAgreementtothesameextentthatsuchliabilitywouldbeimposed intheabsenceofSection895.2ofsaidCode.Toachievetheabove—statedpurpose,each PartyindemnifiesandholdharmlesstheotherPartyofanyloss,cost,orexpensethatmay beimposeduponsuchotherPartysolelybyvirtueofsaidSection895.2.Thepartiesagree toindemnify,defend,andholdharmlesseachotheragainstanyandallliability,expense andclaimsarisingfromtheirrespectivenegligentorwrongfulactsandomissions.The provisionsoftheSectionshallsurvivetheterminationofthisAgreement.

10.Termination:
a.IfDISTRICTdetermines,initssolediscretion,thatCONSULTANT’Sserviceshavebeen orbecomeunsatisfactory,DISTRICI'mayterminatethisAgreementandthe CONSULTANT’Sserviceshereunder.Further,DISTRICTmaysuspendtheperformance oftheworkunderthisAgreementforanxedorindehniteperiod.
b.Asanalternativetoaunilateralterminationundersubsection(a)thereof,theDISTRICT mayissuetoCONSULTANTa writtennoticeofanydenciencyordelayinthe performancesortheserviceshereunder.Inthatevent,CONSULTANTshallcureany suchdenciencywithintheperiodspecmedinsaidnotice.IfCONSULTANTfailstocure thedeficiencywithinthespecihedperiod,DISTRICTmayterminatethisAgreement. c.IftheCONSULTANTterminatesthisAgreementforunsatisfactoryperformance,the DISTRICTshallonlypayCONSULTANTforthoseservicessatisfactorilyrenderedthrough 3 186
CllS-2425-O77
theterminationdateasdeterminedbytheDISTRICT,initssolediscretion.Ifthe DISTRICTsuspendstheperformanceofCONSULTANTservicesunderthisAgreement, theDISTRICTshalionlypayCONSULTANTforthoseservicessatisfactorilyrendered throughthesuspensiondatebytheCONSULTANTasdeterminedbytheDISTRICT,inits solediscretion.
d.EitherpartymayterminatethisAgreementbyprovidingthirty(30)dayswrittennotice totheotherparty.

11.Counterparts:

Thisagreementmaybeexecutedincounterparts,eachofwhichshallbedeemedtobean original,andsuchcounterpartsshallconstituteoneandthesameinstrument.

12.Severability:

13.Notice:

Anynotice,demand,request,document,consent,approval,orcommunicationeitherparty desiresorisrequiredtogivetotheotherpartyoranyotherpersonshallbeinwritingand eitherservedpersonallyorsentbyprepaid,first-classmail,inthecaseoftheDISTRICT,to thePurchasingDirector,ChinoValleyUninedSchoolDistrict,5130RiversideDrive,Chino, CA91710andinthecaseoftheCONSULTANTtotheperson(s)attheaddressdesignated ontheexecutionpageofthisAgreement.Eitherpartymaychangeitsaddressbynotifying theotherparty0fthechangeofaddressinwriting.Noticeshallbedeemedcommunicated bythetimepersonallydeliveredorinseventy-two(72)hoursfromthetimeofmailingif mailedasprovidedinthisSection.
[SIGNATURESONTHEFOLLOWINGPAGE]
187
CllS-2425-077
InWITNESSWHEREOFthepartieshaveexecutedthisAgreementinChino,Californiaonthe dayandyearasfollows?
ChinoValleyUnifiedSchoolDistrict CityofChino-CAREProgram 13220CentralAve.

Chino‘CA9171O
/ Ph:909-334-3487
Email:[email protected]
KathCasino
PurcasingDirector
Date:JW ,n/lmay
AuthorizedSignature
PrintName/Title
Date
AuthorizedSignature
PrintName/Title
Date
BoardApproved:7/18/2024
NOTICE
PurchaseordersarerequiredforallpLn'chascs/Services.CVUSDdesirestopay allinvoicespromptly,however,servicescannotberendered,andinvoices cannotbepaiduntilvendorsignsandreturnsthiscontract.Failuretosignand returnthiscontractbeforeprovidingservicesmayresultinnon-paymentfor saidservices.

CVUSD11mlschoolsiteASE/USE'5plz’i'menttermsareNET30.
188
AgreementforContractor/ConsultantServices
ScopeofWork/DutyStatementforCityofChino
ScopeofWorkissubjecttochangeasconditionsandbudgetrequire.Changeswillbe madeandsubmittedforapproval‘
TheCityofChinowill:

ProjectedNumbers:

CaseManagementservicestobeprovidedforapproximately400McKinney-Vento studentsandfamilies.

Additionalnotes:

UnspentCaseManagementfundscanbeusedtowardServices&Supplies.

UnspentServices&SuppliesfundscanbemovedtoCaseManagementlineitem.The contractwilloperatefromJuly1,2024-June30,2025(servicestobeprovidedduring academiccalendaryear).Amountnottoexceed$143,000andcontingentuponstate funding.

Page1of2
District-CityStandardizedScopeofWork 2024-25
ProgramName/DepartmentMcKinney-VentoTitleISupportServices Timeline July1,2024-June30,2025
ContractingService(s)MVCaseManagement
TotalProjectAmount $143,000

1. Provideonetotwopart-timebilingual(Spanish)CaseManagersI&IItoworkwith students/familiesidentifiedashomelessorintransitiontofacilitatecontinuityof educationandpromoteacademicsuccess.

2.MeetwithDistrictprogramstaffonamonthly/quarterlybasis.

3.Track/followuponstudents’academic,attendance,andmentalhealthprogress.

4.Planandconductoutreachatvariouscommunitylocations.

5.Providementaland/orphysicalhealthreferralstointernalprograms,community providers,orpublicagenciesifneededorrequested.

6.Ensurestaffareknowledgeableregardingmandatedreportingandthereportingof anysuspectedneglectand/orabuse.

7.Provideacademicinterventionandreferallcrisis/counselingneedstoappropriate mentalhealthproviders.

8. EnsurestaffisknowledgeableanduptodateregardingMcKinney-Ventolaw/policy andprocedures;availablecommunity-basedresources,includingbutnotlimitedto:
foodbanks,housing/shelters,SanBernardinoCountyTransitionalAssistance, domesticviolencesupport,childcareresources,andotherrelatedsupportservices. 189
Budget:

Page2of2
District-CityStandardizedScopeofWork 2024-25
Salary/Personnel
Tltle DescriptionofServices rate
notto
hrs
per
#of
wks
#of
staff
Total
exceedwk

1.Case
Managerl
Willassesstheneedsofstudents
andfamiiiesidentifiedas“homeless".Willassistwith
resources,providefollow—up,
monitor/document,&evaluate
progress.Providereporting
informationtoCoordinator&
Districtstaffmonthly/quarterly.
$43.98*28-
38 45—
50 1-3
$100,000
Amtwill
varydueto
actualrate
ofpay

2.Case
ManagerII
Willassesstheneedsofstudents
andfamilies;trackstudent
progress,obtainresources,$48.54*25-45— 1 $43,000
followup,monitor,document
andevaluateprogress.
3O 50
SALARIES $143,000
*Hourlyrateshavenotbeenconfirmedfor
Establishedsalaryrangesandratesaresubjecttothe
pursuanttoallappiicablestateandlocallaws,ordinances,
maychangeatanytimebasedonCityCouncildirection
applicablelaws,ordinances,andrules.
24-25
approvalofCityofChinoCityCounciland
andrules.Salaryrangesandrates
and/orchangespursuanttoall
Services&Supplies

1.Mileage Site/schoolvisitsorsessions,training,
homevisits,etc.
$0

2.TrainingforstaffNAEHCYandotherrelevantprofessional
developmentopportunities
$O

3. PrintingandBindingCity-issuedbusinesscards/namebadges$O Services& Supplies $0
BudgetSalaries $143,000
BudgetServices/Supplies $0
ProjectTotal $143,000
190
EXHIBIT“4"
CHS-2425-050
\¥ x.

CHINOVALLEY

UNIFIEDSCHOOLDISTRICT
5130RiversideDrive,Chino,CA91710
(909)628-1201
NameofDepartment/Site
SubmittingContract: HealthServices
hNameofContactPerson: KATHYCASINO,DIRECTOR,PURCHASING

AGREEMENTFORCONSULTANTSERVICES/MASTERCONTRACT
ThisAgreementismadebetweentheCHINOVALLEYUNIFIEDSCHOOLDISTRICT, ("DISTRICT")andCityofChino(LEASchool-basedCounseling/HealthServices) (“CONSULTANT”)
(RECHALs)
WHEREAS,CONSULTANTisespeciallyskilled,trained,experienced,andcompetentto rendertheservicesandadvicedescribedinSectionIhereof;and WHEREAS,DISTRICTrequirestheservicesdescribedinSection1hereofandDISTRICT isunabletoobtainthemfromexistingpersonnel;and
NOW,THEREFORE,DISTRICTANDCONSULTANTmutuallyagreeasfollows:

1.ServicestobeProvidedbyCONSULTANT:
a.CONSULTANTwillrendertheservicestoDISTRICTthataredescribedas:
site-basedcounselingservicestoteenandelementaryagedstudents. b.CONSULTANTwillcommenceworkunderthisAgreementonorabout7/1/2024andwill diligentlyprosecutetheworkthereafter.CONSULTANTwillcompletetheworknotlater than6/30/2025.Upona showingofgoodandsufficientcausebyCONSULTANT, DISTRICTmay,initssolediscretion,grantsuchextensionoftimeasitmaydeem advisable.However,DISTRICTshallnotpayCONSULTANTanyadditionalcompensation ifsuchanextensionisgranted,unlessCONSULTANTperformsadditionalservices,the compensationforwhichshallbedeterminedbytheDISTRICTandCONSULTANTin writing.
c.CONSULTANTwillperformsaidservicesinhisorherownwayandasanindependent contractorinthepursuitofhisorherindependentcallingandnotasanemployeeof DISTRICT.HeorsheshallbeunderthecontroloftheDISTRICTastotheresulttobe accomplishedandnotastothemeansormannerbywhichsuchresultistobe accomplished.
191
CHS-2425-050
CONSULTANT’SRepresentations:

CONSULTANTrepresentsthatheorshehastheskills,experience,andknow!edgenecessary toperformtheservicesagreedtobeperformedunderthisAgreement;andCONSULTANT understandstheDISTRICThasreliedupontherepresentationsofCONSULTANTthatheor shehastheskills,experience,andknowledgetoperformtheservicesrequiredbythis Agreementinacompetentmanner.CONSULTANTunderstandsthescopeoftheservices requiredtobeperformedunderthisAgreement.CONSULTANTwarrantsthatheorshewill faithfullyanddiligentlyperformtheserviceshereunder.

CONSULTANTshallemploy,asa minimum,generallyacceptedstandardsofpractices employedbypersonsengagedinprovidingsimilarservicesinexistenceatthetimeofthe performanceoftheobligationshereunder.
.CompensationtoCONSULTANT:
a.Consultantwillprovideservicesfortheamountof:$104,097.00 b.NoadditionalcompensationwillbegrantedunlessagreedtoinwritingbyDISTRICT. c.FundingSource:LCAP
d.DISTRICTwillnotwithholdFederalorStateincometaxdeductionsfrompaymentsmade toCONSULTANTunderthisAgreementbutwillprovideCONSULTANTwithastatement ofearningsattheconclusionofeachcalendaryear.
e.Forservicesrendered,theCONSULTANTmustsubmittotheDISTRICTa detailed requestforpaymentwithanitemizedinvoice,describingservicesprovide,withthe signatureofsiteprincipalormanager,notingworkorservicewascompleted. .DurationofAgreement:

ThetermofthisAgreementshallcommenceon7/1/2024andterminateon6/30/2025.

Subjecttotermsandconditionsstatedin#10.
.DISTRICTtoProvideInformation:

DISTRICTwillprepareandfurnishtoCONSULTANTuponhisorherrequestsuch informationasisreasonablynecessarytotheperformanceofCONSULTANT’Sworkunder thisAgreement.
.OwnershipofMaterials:

7.GeneralProvisions:
a.CONSULTANTshallcomplywithallFederal,Stateandlocallawsandordinances applicabletosuchwork.CONSULTANTshallprovideworkers‘compensationinsuranceor self-insureforhisorherservices.Evidenceofinsurance(GeneralLiability,Professional Liability,AutoandWorkers’Comp)shallbeprovidedtoDISTRICTuponexecutionofthis Agreement.
b.IfCONSULTANTisanindividual,forservicesrendered,heorshemustsubmittothe DISTRICTacompletedIRSW9formthatmustincludeCONSULTANT’Ssignature,social securitynumberortaxidentificationnumber;andstatewhetherornotCONSULTANTis aretiredmemberoftheStateTeachersRetirementSystemoftheStateofCalifornia. c.ThisAgreementmaybeamendedbythemutualwrittenconsentoftheparties.

8.Assignment:

ThisAgreementmaynotbeassignedwithoutthewrittenconsentoftheDISTRICT.

9.Indemnification:

IncontemplationoftheprovisionsofSection895.2oftheGovernmentCodeoftheStateof Californiaimposingcertaintortliabilityjointlyuponpublicentitiessolelybyreasonofsuch entitiesbeingpartiestoanagreementasdennedbySection895ofsaidCode.,eachofthe Partieshereto,pursuanttotheauthorizationcontainedinSection895.4and895.6ofsaid Code,willassumethefullliabilityimposeduponit,oranyofitsofficers,agents,or employees,bylawforinjurycausedbyanegligentorwrongfulactofomissionoccurringin theperformanceofthisAgreementtothesameextentthatsuchliabilitywouldbeimposed intheabsenceofSection895.2ofsaidCode.Toachievetheabove-statedpurpose,each PartyindemnihesandholdharmlesstheotherPartyofanyloss,cost,orexpensethatmay beimposeduponsuchotherPartysolelybyvirtueofsaidSection895.2.Thepartiesagree toindemnify,defend,andholdharmlesseachotheragainstanyandallliability,expense andclaimsarisingfromtheirrespectivenegligentorwrongfulactsandomissions.The provisionsoftheSectionshallsurvivetheterminationofthisAgreement.

10.Termination:
a.IfDISTRICTdetermines,initssolediscretion,thatCONSULTANT'Sserviceshavebeen orbecomeunsatisfactory,DISTRICTmayterminatethisAgreementandthe CONSULTANT’Sserviceshereunder.Further,DISTRICTmaysuspendtheperformance oftheworkunderthisAgreementforahxedorindehniteperiod.
b.Asanalternativetoaunilateralterminationundersubsection(a)thereof,theDISTRICT mayissuetoCONSULTANTa writtennoticeofanydeficiencyordelayinthe performancesortheserviceshereunder.Inthatevent,CONSULTANTshallcureany suchdeficiencywithintheperiodspecihedinsaidnotice.IfCONSULTANTfailstocure thedeficiencywithinthespecifiedperiod,DISTRICTmayterminatethisAgreement. c.IftheCONSULTANTterminatesthisAgreementforunsatisfactoryperformance,the DISTRICTshallonlypayCONSULTANTforthoseservicessatisfactorilyrenderedthrough 3 193
CHS~2425~O5O
theterminationdateasdeterminedbytheDISTRICT,initssolediscretion.Ifthe DISTRICTsuspendstheperformanceofCONSULTANTservicesunderthisAgreement, theDISTRICTshallonlypayCONSULTANTforthoseservicessatisfactorilyrendered throughthesuspensiondatebytheCONSULTANTasdeterminedbytheDISTRICT,inits solediscretion.
d.EitherpartymayterminatethisAgreementbyprovidingthirty(30)dayswrittennotice totheotherparty.

11.Counterparts:

Thisagreementmaybeexecutedincounterparts,each0fwhichshallbedeemedtobean original,andsuchcounterpartsshallconstituteoneandthesameinstrument.

12.Severability:

IntheeventthatpartofthisAgreementshallbedeclaredinvalidorunenforceablebya validjudgmentordecreeofa courtofcompetentjurisdiction,suchinvalidityor unenforceabilityshallnotaffectanyoftheremainingportionofthisAgreementwhichare herebydeclaredasseverableandshallbeinterpretedtocarryouttheintentofthepartieshereunderunlesstheinvalidprovisionissomaterialthatitsinvaliditydeprivedeitherparty ofthebasicbenefitoftheirbargainorrendersthisAgreementmeaningless.

13.Notice:

Anynotice,demand,request,document,consent,approval,orcommunicationeitherparty desiresorisrequiredtogivetotheotherpartyoranyotherpersonshallbeinwritingand eitherservedpersonallyorsentbyprepaid,first-classmail,inthecaseoftheDISTRICT,to thePurchasingDirector,ChinoValleyUnihedSchoolDistrict,5130RiversideDrive,Chino, CA91710andinthecaseoftheCONSULTANTtotheperson(s)attheaddressdesignated ontheexecutionpageofthisAgreement.Eitherpartymaychangeitsaddressbynotifying theotherpartyofthechangeofaddressinwriting.Noticeshallbedeemedcommunicated bythetimepersonallydeliveredorinseventy—two(72)hoursfromthetimeofmailingif mailedasprovidedinthisSection.
[SIGNATURESONTHEFOLLOWINGPAGE]
194
CllS<2425—O5O
InWITNESSWHEREOF,thepartieshaveexecutedthisAgreementinChino,Californiaonthe dayandyearasfollows:

ChinoValleyUnifiedSchoolDistrict
KathyCasino
PurchasingDirector
Date:jW 3QXMV
CityofChino(LEASchool-based
Counseling/HealthServices)
13220CentralAve.

Chino,CA91710
Ph:909-334-3458
Email:[email protected]
AuthorizedSignature
PrintName/Title
Date
AuthorizedSignature
PrintName/Title
BoardApproved:6/6/2024
Date
NOTICE
Purchaseordersarerequiredforallpurchases/scrvices.CVUSDdesirestopay allinvoicespromptly,however,servicescannotberendered,andinvoices cannotbepaiduntilvendorsignsandretumsthiscontract.FailuretoSignand returnthiscontractbeforeprovidingservicesmayresultinnon-paymentfor saidservices.

CVUSD{111dschoolsiteASB/USB’5paymenttermsareNET30.
195
AgreementforContractor/ConsultantServices
ScopeofWorkforCityofChino
ProjectedNumbers:

1. LEAYouthSchool-basedcounselingwillserveapproximately375elementary students.

2. LEATeenSchool-basedcounselingwillserveapproximately375teenstudents.

Additionalnotes:

UnspentCounselingfundscanbeusedtowardServices&Supplies.

UnspentServices&SuppliesfundscanbemovedtoCounselinglineitem, Page1of2
District-CityStandardizedScopeofWork
ProgramName/DepartmentLEASchool-basedCounseling/
HeaithServices
Timeline July1,2024-June30,2025
ContractingService(s)Counseling
TotalProjectAmount $104,097

1. Providesite-basedyouthcounselingservicestoelementary—agedstudentsDistrict- widethroughouttheschoolyear.TheCitywillincludefullclinicalsupervisionfor InternsandCounselorIlsprovidingservices.

2. Providesite-basedteencounselingservicestostudentsDistrict-widethroughout theschoolyear.TheCitywillalsoincludefullclinicalsupervisionforInternsand CounselorIlsprovidingservices.

4.ProvidequarterlydatatoCVUSD.CoordinatorwillmeetwithDistrictprogramstaff onaquarterlybasis.

5.Providequarterlyyouthandfamilycounselingdataandyear-endreporttoCVUSD.

6.EnsureCounselorsattendprofessionaldevelopmenttrainingsthroughouttheyear. 196
Budget:

Salary/Personnel
*Estab/Ishedsa/a/yrangesandratesaresubjecttotheapprova/ofCityofChinoCityCounC/i andpursuantt0a//applicab/estateand/oca//aw5,ordinances,andru/es.Sa/a/yrangesand ratesmaychangeatanytimebasedanCityCounC/idirectionand/orchangespursuanttoa/i app/icab/eiaws,am’inances,andru/es.

SALARIES-=$102,641
Services&Supplies
Page2of2
District—CityStandardizedScopeofWork
Titie DescriptionofServicestobe
Provided
rate
notto
exceed
hrs
per
wk
#
of
wks
#of
staffTotal
1 CounselorII
Elementary
Wiilprovideinternsand
CounselorIlsforelementary
schools;willmanagecaseloadat
schoolsites.Supervisionand
trainingcostsincluded.
$51.01*3-1230 4-12$43,343
2 CounselorIII
Elementary
Willprovidesupervisionfor
CounselorIlsandinterns.$83.57*2-1030 1—3$10,106
3 CounselorII
Teen
Willprovideinternsand
CounselorIlsforjunior/high
schools;willmanagecaseloadat
schoolsites.Supervisionand
trainingcostsincluded.
$51.01*3—123O 4—10$40,412
4 CounselorIII
Teen
Willprovidesupervisionfor
CounselorIlsandinterns.$83.57*2-1030 1—2$8,780
1 Mileage/Training
forCounselors
Site/schoolvisitsorsessions,training,homevisits,
etc. $1,456
BudgetSalaries $102,641
BudgetServices/Supplies$1,456
ProjectTotal $104,097
197
EXHIBIT“5"
CHS~2425‘048
-“@1131:wy/M

CHINOVALLEY

UNIFIEDSCHOOLDISTRICT
5130RiversuieDnve,Chum,CA91710
(909)628-1201
NameofDepartment/Site
SubmittingContract: ChildDevelopment
NameofContactPerson: KATHYCASINO,DIRECTOR,PURCHASING

AGREEMENTFORCONSULTANTSERVICES/MASTERCONTRACT
ThisAgreementismadebetweentheCHINOVALLEYUNIFIEDSCHOOLDISTRICT, ("DISTRICT")andCityofChino(ELOP/ASESAfterSchoolProgram)(“CONSULTANT”) (RECITALS)
WHEREAS,CONSULTANTisespeciallyskilled,trained,experienced,andcompetentto rendertheservicesandadvicedescribedinSectionIhereof;and WHEREAS,DISTRICTrequirestheservicesdescribedinSection1hereofandDISTRICT isunabletoobtainthemfromexistingpersonnel;and
NOW,THEREFORE,DISTRICTANDCONSULTANTmutuallyagreeasfollows:

1.ServicestobeProvidedbyCONSULTANT:
a.CONSULTANTwillrendertheservicestoDISTRICTthataredescribedas:
staffingforgrantfundedafterschoolprograms.
b.CONSULTANTwillcommenceworkunderthisAgreementonorabout7/1/2024andwill diligentlyprosecutetheworkthereafter.CONSULTANTwillcompietetheworknotlater than6/30/2025.Upona showingofgoodandsufficientcausebyCONSULTANT, DISTRICTmay,initssolediscretion,grantsuchextensionoftimeasitmaydeem advisable.However,DISTRICTshailnotpayCONSULTANTanyadditionalcompensation ifsuchanextensionisgranted,uniessCONSULTANTperformsadditionalservices,the compensationforwhichshallbedeterminedbytheDISTRICTandCONSULTANTin writing.
c.CONSULTANTwillperformsaidservicesinhisorherownwayandasanindependent contractorinthepursuitofhisorherindependentcallingandnotasanemployeeof DISTRICT.HeorsheshallbeunderthecontroioftheDISTRICTastotheresulttobe accomplishedandnotastothemeansormannerbywhichsuchresultistobe accomplished.
a
198
CNS-2425048
CONSULTANT’SRepresentations:

CONSULTANTshallemploy,asa minimum,generallyacceptedstandardsofpractices employedbypersonsengagedinprovidingsimilarservicesinexistenceatthetimeofthe performanceoftheobligationshereunder.
.CompensationtoCONSULTANT:
a.Consultantwillprovideservicesfortheamountof:PerRateSheet b.NoadditionalcompensationwillbegrantedunlessagreedtoinwritingbyDISTRICT. c.FundingSource:ASESGrant
d.DISTRICTwillnotwithholdFederalorStateincometaxdeductionsfrompaymentsmade toCONSULTANTunderthisAgreementbutwillprovideCONSULTANTwithastatement ofearningsattheconclusionofeachcalendaryear.
e.Forservicesrendered,theCONSULTANTmustsubmittotheDISTRICTa detailed requestforpaymentwithanitemizedinvoice,describingservicesprovide,withthe signatureofsiteprincipalormanager,notingworkorservicewascompleted. .DurationofAgreement:

ThetermofthisAgreementshallcommenceon7/1/2024andterminateon6/30/2025.

Subjecttotermsandconditionsstatedin#10.
.DISTRICTtoProvideInformation:

DISTRICTwillprepareandfurnishtoCONSULTANTuponhisorherrequestsuch informationasisreasonablynecessarytotheperformanceofCONSULTANT’Sworkunder thisAgreement.
.OwnershipofMaterials:

8.Assignment:

ThisAgreementmaynotbeassignedwithoutthewrittenconsentoftheDISTRICT.

9.Indemnification:

IncontemplationoftheprovisionsofSection895.2oftheGovernmentCodeoftheStateof Californiaimposingcertaintortliabilityjointlyuponpublicentitiessolelybyreasonofsuch entitiesbeingpartiestoanagreementasdennedbySection895ofsaidCode.,eachofthe Partieshereto,pursuanttotheauthorizationcontainedinSection895.4and895.6ofsaid Code,willassumethefullliabilityimposeduponit,oranyofitsofficers,agents,or employees,bylawforinjurycausedbyanegligentorwrongfulactofomissionoccurringin theperformanceofthisAgreementtothesameextentthatsuchliabilitywouldbeimposed intheabsenceofSection895.2ofsaidCode.Toachievetheabove-statedpurpose,each PartyindemnifiesandholdharmlesstheotherPartyofanyloss,cost,orexpensethatmay beimposeduponsuchotherPartysolelybyvirtueofsaidSection895.2.Thepartiesagree toindemnify,defend,andholdharmlesseachotheragainstanyandallliability,expense andclaimsarisingfromtheirrespectivenegligentorwrongfulactsandomissions.The provisionsoftheSectionshallsurvivetheterminationofthisAgreement.

10.Termination:
a.IfDISTRICTdetermines,initssolediscretion,thatCONSULTANT’Sserviceshavebeen orbecomeunsatisfactory,DISTRICTmayterminatethisAgreementandthe CONSULTANT’Sserviceshereunder.Further,DISTRICTmaysuspendtheperformance oftheworkunderthisAgreementforafixedorindefiniteperiod. b.Asanalternativetoaunilateralterminationundersubsection(a)thereof,theDISTRICT mayissuetoCONSULTANTa writtennoticeofanydeficiencyordelayinthe performancesortheserviceshereunder.Inthatevent,CONSULTANTshallcureany suchdeficiencywithintheperiodspecifiedinsaidnotice.IfCONSULTANTfailstocure thedeficiencywithinthespecinedperiod,DISTRICTmayterminatethisAgreement. c.IftheCONSULTANTterminatesthisAgreementforunsatisfactoryperformance,the DISTRICTshallonlypayCONSULTANTforthoseservicessatisfactorilyrenderedthrough 3 200
OHS-2425048
theterminationdateasdeterminedbytheDISI'RICT,initssoiediscretion.Ifthe DISTRICTsuspendstheperformanceofCONSULTANTservicesunderthisAgreement, theDISTRICTshalionlypayCONSULTANTforthoseservicessatisfactorilyrendered throughthesuspensiondatebytheCONSULTANTasdeterminedbytheDISTRICT,inits solediscretion.
d.EitherpartymayterminatethisAgreementbyprovidingthirty(30)dayswrittennotice totheotherparty.

11.Counterparts:

Thisagreementmaybeexecutedincounterparts,eachofwhichshallbedeemedtobean original,andsuchcounterpartsshallconstituteoneandthesameinstrument.

12.Severability:

13.Notice:

Anynotice,demand,request,document,consent,approval,orcommunicationeitherparty desires0risrequiredtogivetotheotherpartyoranyotherpersonshallbeinwritingand eitherservedpersonallyorsentbyprepaid,first-classmail,inthecaseoftheDISTRICT,to thePurchasingDirector,ChinoValleyUnifiedSchoolDistrict,5130RiversideDrive,Chino, CA91710andinthecaseoftheCONSULTANTtotheperson(s)attheaddressdesignated ontheexecutionpageofthisAgreement.Eitherpartymaychangeitsaddressbynotifying theotherpartyofthechangeofaddressinwriting.Noticeshallbedeemedcommunicated bythetimepersonallydeliveredorinseventy-two(72)hoursfromthetimeofmailingif mailedasprovidedinthisSection.
[SIGNATURESONTHEFOLLOWINGPAGE]
201
CHS—2425—O48
InWITNESSWHEREOF,thepartieshaveexecutedthisAgreementinChino,Californiaonthedayandyearasfollows:

ChinoValleyUnifiedSchoolDistrict
W
KathCasino
PurcasingDirector
Date:jhj?30,#0})/
CityofChino(ELOP/ASESAfterSchool
Program)
13220CentralAve.

Chino,CA91710
Ph:909-334-3438
Email:[email protected]
AuthorizedSignature
PrintName/Title
Date
AuthorizedSignature
BoardApproved:6/6/2024
PrintName/Title
Date
NOTICE
Purchaseordersarerequiredforallpurchases/servicesCVUSDdesirestopay allinvoicespromptly,however.servicescannotberenderedtandimoices cannotbepaiduntilvendorsignsandreturnsthiscontract.Failuretosignand returnthiscontractbeforeprovidingservicesmayresultinnonpaymentfor saidServices.

CVUSD(milschoolsiteASE/USE’spaymenttermsareNET30.
202
PO#
AgreementforContractor/ConsultantServices
ScopeofWorkforCityofChino
Page1of4
District-CityStandardizedScopeofWorkrevised05-01-24
ProgramName/DepartmentELOP/ASES-AfterSchoolProgram/HealthServices Timeline July1,2024,thruJune30,2025
ContractingService(s)GrantFundedAfterSchoolProgram
TotalProjectAmount $1,978,175.65
TheCityofChinowiilprovideaCommunityServices,Parks&RecreationCoordinator (Coordinator)whowillberesponsiblefordailyonsitesupervisionofsubcontractedstaff.The CoordinatorwilluseasystematicprocessfortrainingandsupervisingCommunityServices, Parks&RecreationstaffassignedasCounselorll,Specialist,andLeaderstotheAfterSchool program.TheCoordinatorwillcollaboratewiththeDistrictASESGrantManager(ASM)to providemonthlytraining,forSpecialistsandLeadersaswellasmonthlyplanningmeetings withSpecialists.Trainingwillbedevelopedtotrainstafftouseintrinsicqualities;orientstaffto AfterSchoolprogramgoalsandgrantassurances;assimilatestafftoworkingwithintheschool environmentandpreparestaffforthepotentialchallengesthatmaybeencountered.

Participateinthedesignandreviewofprogramsurveysforthestaff,students,andparents.

Assistinthedistributionoftheresultsanddevelopmentofprogramimprovementplansas needed.

TheCityofChinowillrecruitandemployCommunityServices,Parks& Recreation Specialists(Specialists)toprovideservicestostudentsatAfterSchoolsites,Specialistswill workunderthedirectsupervisionoftheCoordinator.Seeattachmentforspecificrolesand responsibilities.Specialistsmustfulfillhealthandfingerprintclearancerequirements,passthe DistrictlnstructionalAideTestpriortobeingassignedtoasite,andobtainCPRcertification.

CVUSDwillprovideastudyguidefortheInstructionalAidetest.

TheSpecialistswillcompletetheChinoValleyUnifiedSchoolDistrict(CVUSD)Medication AdministrationannualtrainingledbyaCredentialedSchoolNursetoincludeclearanceto receive,administer,andlogmedication.TheSpecialistswillberequiredtoreceiveandstore medicationinalockedcabinet/container.TheSpecialistswillfollowupwithCVUSDNurses uponthereceivalofanymedicationtoconfirmtheproperdocumentationispresentpriorto administeringanymedication.A CVUSDNursewillmeetwithSpecialiststogoover individualizedcareplans.Thecareplanswillincludeanynecessarymedicationandwillbein placebeforethestudentbeginstheprogram.TheSpecialistswillassistwithportioningoutthe properdosageofmedicationandloggingoutthedateandtimeitwasadministeredinthe designatedlog.Administrationcanincludeassistancewithmedicationtablets,capsules, inhalers,EpiPens,ointments,andeye/eardropsasneeded.

TheSpecialistwillberesponsiblefortheplanningandprogrammingoftheAfterSchool programtoensuretheinclusionofaneducationalandliteracycomponentdesignedtoprovide tutoringand/orhomeworkassistanceinthefollowingcorecontentsubjectareas:language arts,mathematics,history,science,andcomputertraining.AfterSchoolwillincludean educationalenrichmentcomponentsuchasfinearts,recreation,physicalfitness,and preventionactivitiesorganizedbytheSpecialists.Specialistswillimplement“handson” interactivestudentactivities,pianmonthlyactivitycalendars,andlessonplans.AfterSchool activitieswilifocuson”disguised”learninginexciting,hands-onexperiences.

AfterSchoolcomponentsmayinclude,butnotbelimitedtothefollowing:
203
PO#
Page2of4
District-CityStandardizedScopeofWorkrevised05-01-24
> Nutritionandhealthenrichmentactivitiesthatincludehands»onfoodactivitiesand nutritionlessons.
> UseofCVUSDprovidedChromebooks.
> SPARKrecreationactivities.
> ArtsandCraftstodevelopmotorskillsandcreativity.'
> Adailyreadingcomponent.
> Academicgamessuchasspellingbees,jeopardy,andquizzes.
> Participationinplantingandcaringforagarden,ifavailable,attheAfterSchoolsite. > Positivereinforcementtechniquestostrengthencharacterdevelopment.

TheCityofChinowillrecruitandemployCommunityServices,Parks&RecreationLeaders (Leaders)toprovideservicestostudentsatAfterSchoolsites.Leaderswillworkunderthe directsupervisionoftheSpecialistsandtheCoordinator.Seeattachmentforspecificroles andresponsibilities.Leadersmustfulfillhealthandfingerprintclearancerequirements,attend theCVUSDNursetraining,passtheDistrictlnstructionalAideTestpriortobeingassignedtoa site,andobtainCPRcertification.TheDistrictwillprovideastudyguidefortheinstructional Aidetest.

ResponsibilitiesofAIIASESCommunityServices,Parks&RecreationStaff Allstaffmemberswillberesponsibleforthefollowing:

1.Maintainaminimumavailabilityoffouroffiveprogramdays,regularly.

2.Maintaindailynotestotracksuccessesandprogressoftheprogram,andstudents, andprovideattendancereports.includeASM,Coordinator,and/orCounseloriiinail communicationsrelatedtoseriousbehaviorproblems.Abehaviorplanmeetingwiiibe heldbeforeexpulsionbasedonbehavior,toincludeparents,CitySpecialist,ASM, Coordinator,Principal,and/orCommunitySen/ices,Parks&RecreationSupervisor.

3.Forattendance,ensurethattheearlyreleasepolicyisfollowedbyensuringthatany sign—outbefore6:00p.m.isindicatedwithanearlyreleasereason.

4.Maintainaclean,orderly,andwelcomingAfterSchoolenvironmenteachday.

5.CollaboratewithotherAfterSchoolSpecialiststodevelopmonthlycalendarsanddaily lessonplans.SpecialistswillassistLeaderstodevelopdailylessonplansofactivities.

6.Attendlocal,regional,and/orstatetrainingsandconferencesforprofessional developmentasscheduled.

7.Participateinprogramplanningthroughacollaborativeprocesswithparents,youth, andrepresentativesofschoolsites,governmentagencies,locallawenforcementand communityorganizations.Planasiteeventfor“LightsOnAfterSchool”inOctoberand aneventfortheendoftheyearparentinvolvementnightatRamonaJuniorHigh.

8.Providesuppliesandamonthlynutritionlessonateachsite.Staffwillberesponsible fordevelopingthelessonplanandleadingstudentsinhandsonnutritionlearning.

TheCityofChinowillrecruitandemployaCounselorIitoprovideonsiteconsultationand resourcesupportonstudentbehaviortoAfterSchoolprogramstaffs.Seeattachmentfor specificrolesandresponsibilities.Counseloriiwillassistwithanobservationofstudent behavior,attendparentmeetingsonbehaviorissues,participateinthedevelopmentof behavioractionplans,andwillprovideguidancetoAfterSchoolstaffformanagingongoing studentbehavior,includingstafftraining.CounseloriiwillcollaboratewithCVUSDBehavioral HealthCenterstaffforsignificantbehavioralhealthconcerns.

TheCityofChinowillrecruitandemployaCounselorilltoprovideclinicalsupervisionasa resourcesupportfortheCounselorii.

TheCityofChinowillprovideaAccountingTechniciananda CustomerService Representativeitoprovideclericalandaccountingsupportforstaffscheduling,billing,and payroll.
204
PO#
ProjectedNumbers:

Approximately600childrenwillreceiveafterschoolhomeworkassistanceandenrichment 1' servicesfromCityofChinoCommunityServices,Parks&Recreationstaffin2024—2025 AdditionalNotes:

TheCityofChinowillcommencecontractservicestoAfterSchoolprogrambeginningJuly1,2024 andendingJune30,2025iAfterSchoolwilloperateonanyschooldaythatstudentsattend,and instructiontakesplace.AfterSchoolwillbeginimmediatelyupontheendoftheregularschoolday andwilloperateuntil6:00plm.attheelementarysites,anduntil6:15pim.atRamonaJuniorHigh.

A dailystudent-to—staffratioofnomorethan20:1and10:1forTKandKindergartenparticipantswill beprovidedatalltimes.Thestudent-to-staffratiowillbemonitoredandadjustedincollaboration withtheCoordinatorandCVUSDASM.

Staff,training,onsltebehavioralconsultationbyCounselorllandonsiteCoordinatorsupervisionfor AfterSchoolprogramswillbeprovidedatCortez,AnnaBorba,Dickson,Marshall,Walnut,and RAAPatRamonaJr.High.

CommunityServices,Parks&RecreationSupervisorratenottoexceed$66.93*/hr.

CommunityServices,Parks&RecreationCoordinatorratenottoexceed$53.59*/hr.

CommunityServices,Parks&RecreationSpecialistratenottoexceed$40.85*/hr.

CommunityServices,Parks&RecreationLeaderratenottoexceed$33.53*lhr.

Counselorllratenottoexceed$51.01*Ihr.

Counselorlllratenottoexceed$83.57*Ihr.

CustomerServiceRepresentativelratenottoexceed$33.53*/hr.

AccountingTechnicianratenottoexceed$45.08*Ihr.
*Estab/ishedsa/aryrangesandratesaresubjecttotheapprovalofCityofChinoCityCounci/and pursuanttoa/Iapp/icablestateandIocalIaws,ordinances,andru/es.Salaryrangesandratesmay changeatanytimebasedonCityCounci/directionand/orchangespursuanttoallapplicablelaws, ordinances,andmles.

Salaries/Personnel—July2024toJune2025
Page3of4
District-CityStandardizedScopeofWorkrevised05-01-24

9. TheCityofChinowillprovideaCommunityServices,Parks& RecreationSupervisor (Supervisor)whowillbeprovideoversightoftheCoordinatorandsupervisionofsubcontracted staff,
10'
TheCityofChinowillprovidestaffforTransitionalKindergarten(TK)throughJuniorHighfrom conclusionofschooluntil6:00pm,atthefollowingsites:AnnaBorba,Cortez,Dickson, Marshall,Walnut,and6.15p.m.atRamonaJuniorHigh.
11‘
CVUSDwillprovideaminimumoftwo(2)classroomsorappropriateequivalentspacefor programming:CVUSDwillprovidenutritionalserviceslunchandsnackstotallparticipants duringtheirtimeintheprogramyear—round.CVUSDWillprowdedailycustodialserVicesand emergencycustodialassistanceifrequired.

PositionTitle DescriptionofServicestobeprovided RateNotTo Exceed
TotalCostNotto
Exceed
205
PO#
Page4of4
District-CityStandardizedScopeofWorkrevised05-01-24
SupervisorProvideoversitetoaHprogramsandstaff. $66.93 $8,031.60" Coordinator
‘WorkingwithallELOP/A5ESprogramsandstaff. $53.59 $111,467.20* Full-Time
Specialist
OverseedailyprogramsatAnnaBorba,Cortez,Dickson,
Marshali,andWainut.Hoursincludesite,prep,and
trainingtimefortheentireyear.
$33.48 $591,926.40*
Part-Time
Specialist
OverseedailyprogramsatAfterSchoolSitesandcoveras
need.Hoursincludesite,prep,andtrainingtimeforthe
entireyear.
$40.85 $220,208.20*
Leader
WorkingdailyoperationsatallAfterSchoolSites
program,keepingratioat20:1and10:1forTKand
Kindergartenincludestraininghoursfortheentireyear.
$33.53 $986,949.60"
Counselorll
Consultingwithstaff&parentsatprogramsitesRe:
studentbehavior/needs. $51.01 $12,854.52*
Counselorill OverseecaseloadofCounselorllandprovidesupport.$83.57 $3,008.52* Customer
Service
Representative
i
Provideclericalandstaffschedulingsupport.
$33.53 $17,387.85*
Accounting
Technician
Provideaccountingsupportforbillingandpayroll $45.08 $3,781.76* StaffingNottoExceed:$1,955,615.65*
*Estab/ishedsa/aryrangesandratesaresubjecttotheapprovalofCityofChinoCl'tyCounci/ applicablestateandlocallaws,ordinances,andrules.Salaryrangesandratesmaychangeat Councildirectionand/orchangespursuanttoallapplicablelaws,ordinances,andrules. andpursuanttoall
anytimebasedonCity
Budget:ServicesandSupplies—July2024toJune2025
ltem(s) Descriptionofltems CostNotToExceed
Suppliesinstructionalsuppliesforall6sites. $6,000.00
CellPhonesPhoneserviceat$56permonthx1OmonthsX6phones. $3,360.00 MileageReimbursement,asnecessary. $900.00
TrainingOutsidetraining/contractors. $4,000.00
UniformStaffuniform(shirtsand/orjackets). $8,000.00
Services&SuppliesNottoExceed: $22,260.00
Salaries/Personnel $1,955,915.65*
ServicesandSupplies $22,260.00
TotalProgramCostNottoExceed $1,978,175.65
206
Attachment

COMMUNITYSERVICES,PARKS&RECREATIONLEADER
RolesandResponsibilities
Leaderswillberesponsibleforthefollowing:

1.ResponsibleforAfterSchoolparticipants.

2.Monitorstudents,classrooms,andrecreationalactivitiesforthepurposeof ensuringasafeandpositivelearningenvironment.

Leadorganizedlearningactivitiesforstudentstodevelopandstrengthentheir academic,physical,andsocialskills.

Beapositiverolemodelforstudentsbyshowingenthusiasm,initiative,anda matureworkethic.

Assistwithdailyhomework.

Communicateeffectivelywithpeers,parents,andvolunteers.

Consistentlycommunicateanybehaviorincidents,injuries,oranyother pertinentinformationtotheprogramSpecialistinatimelymanner. lmUl\
207
EXHIBIT“6”
cus-z425-072
Sowchools.p
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$ ’
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CHINOVALLEY

UNIFIEDSCHOOLDISTRICT
5130RlverSIdeDnve,Chmo,CA91710
(909)628-1201
NameofDepartment/Site
SubmittingContract:

NameofContactPerson:

HealthServices/TYKESProgram

KATHYCASINO,DIRECTOR,PURCHASING

AGREEMENTFORCONSULTANTSERVICES/MASTERCONTRACT
ThisAgreementismadebetweentheCHINOVALLEYUNIFIEDSCHOOLDISTRICT, ("DISTRICT")andCityofChino-TYKES(“CONSULTANT")
(RECITALS)
WHEREAS,CONSULTANTisespeciaHyskilled,trained,experienced,andcompetentto rendertheservicesandadvicedescribedinSectionI'hereof;and WHEREAS,DISTRICI‘requirestheservicesdescribedinSection1hereofandDISTRICT isunabletoobtainthemfromexistingpersonnel;and
NOW,THEREFORE,DISTRICTANDCONSULTANTmutuallyagreeasfollows:

1.ServicestobeProvidedbyCONSULTANT:
a.CONSULTANTwillrendertheservicestoDISTRICTthataredescribedas:
casemanaementandsupportservicesviafamilyresourcecentersfor familieswihchildrenages0-5.
.CONSULTANTwillcommenceworkunderthisAgreementonorabout7/1/2024andwill diligentlyprosecutetheworkthereafter.CONSULTANTwillcompletetheworknotlater than6/30/2025.Upona showingofgoodandsufficientcausebyCONSULTANT, DISTRICTmay,initssolediscretion,grantsuchextensionoftimeasitmaydeem advisable.However,DISTRICTshallnotpayCONSULTANTanyadditionalcompensation ifsuchanextensionisgranted,unlessCONSULTANTperformsadditionalservices,the compensationforwhichshallbedeterminedbytheDISTRICTandCONSULTANTin writing.
c.CONSULTANTwillperformsaidservicesinhisorherownwayandasanindependent contractorinthepursuitofhisorherindependentcallingandnotasanemployeeof DISTRICT.HeorsheshallbeunderthecontroloftheDISTRICTastotheresulttobe accomplishedandnotastothemeansormannerbywhichsuchresultistobe accomplished.
\
208
CNS-2425072
CONSULTANT’SRepresentations:

CONSULTANTshallemploy,asa minimum,generallyacceptedstandardsofpractices employedbypersonsengagedinprovidingsimilarservicesinexistenceatthetimeofthe performanceoftheobligationshereunder.
.CompensationtoCONSULTANT:
a.Consultantwillprovideservicesfortheamountof:$137,500.00 b.NoadditionalcompensationwillbegrantedunlessagreedtoinwritingbyDISTRICT. c.FundingSource:TYKESGrant
d.DISTRICTwillnotwithholdFederalorStateincometaxdeductionsfrompaymentsmade toCONSULTANTunderthisAgreementbutwillprovideCONSULTANTwithastatement ofearningsattheconclusionofeachcalendaryear.
e.Forservicesrendered,theCONSULTANTmustsubmittotheDISTRICTa detailed requestforpaymentwithanitemizedinvoice,describingservicesprovide,withthe signatureofsiteprincipalormanager,notingworkorservicewascompleted. .DurationofAgreement:

ThetermofthisAgreementshallcommenceon7/1/2024andterminateon6/30/2025.

Subjecttotermsandconditionsstatedin#10.
.DISTRICTtoProvideInformation:

DISTRICTwillprepareandfurnishtoCONSULTANTuponhisorherrequestsuch informationasisreasonablynecessarytotheperformanceofCONSULTANT’Sworkunder thisAgreement.
.OwnershipofMaterials:

7.GeneralProvisions:
a.CONSULTANTshallcomplywithallFederal,Stateandlocallawsandordinances applicabletosuchwork.CONSULTANTshallprovideworkers'compensationinsuranceor self-insureforhisorherservices.Evidenceofinsurance(GeneralLiability,Professional Liability,AutoandWorkers'Comp)shallbeprovidedtoDISTRICTuponexecutionofthis Agreement.
b.IfCONSULTANTisanindividual,forservicesrendered,heorshemustsubmittothe DISTRICTacompletedIRSW9formthatmustincludeCONSULTANT’Ssignature,social securitynumberortaxidentificationnumber;andstatewhetherornotCONSULTANTis aretiredmemberoftheStateTeachersRetirementSystemoftheStateofCalifornia. c.ThisAgreementmaybeamendedbythemutualwrittenconsentoftheparties.

8.Assignment:

ThisAgreementmaynotbeassignedwithoutthewrittenconsentoftheDISTRICT.

9.Indemnification:

IncontemplationoftheprovisionsofSection895.2oftheGovernmentCodeoftheStateof Californiaimposingcertaintortliabilityjointlyuponpublicentitiessolelybyreasonofsuch entitiesbeingpartiestoanagreementasdefinedbySection895ofsaidCode.,eachofthe Partieshereto,pursuanttotheauthorizationcontainedinSection895.4and895.6ofsaid Code,willassumethefullliabilityimposeduponit,oranyofitsofficers,agentsor employees,bylawforinjurycausedbyanegligentorwrongfulactofomissionoccurringin theperformanceofthisAgreementtothesameextentthatsuchliabilitywouldbeimposed intheabsenceofSection895.2ofsaidCode.Toachievetheabove-statedpurpose,each PartyindemniflesandholdharmlesstheotherPartyofanyloss,cost,orexpensethatmay beimposeduponsuchotherPartysolelybyvirtueofsaidSection895.2.Thepartiesagree toindemnify,defend,andholdharmlesseachotheragainstanyandallliability,expense andclaimsarisingfromtheirrespectivenegligentorwrongfulactsandomissions.The provisionsoftheSectionshallsurvivetheterminationofthisAgreement.

10.Termination:
a.IfDISTRICTdetermines,initssolediscretion,thatCONSULTANT’Sserviceshavebeen orbecomeunsatisfactory,DISTRICTmayterminatethisAgreementandthe CONSULTANT’Sserviceshereunder.Further,DISTRICTmaysuspendtheperformance oftheworkunderthisAgreementforaflxedorindefiniteperiod. b.Asanalternativetoaunilateralterminationundersubsection(a)thereof,theDISTRICT mayissuetoCONSULTANTa writtennoticeofanydehciencyordelayinthe performancesortheserviceshereunder.Inthatevent,CONSULTANTshallcureany suchdeficiencywithintheperiodspecifledinsaidnotice.IfCONSULTANTfailstocure thedeficiencywithinthespecihedperiod,DISTRICTmayterminatethisAgreement. c.IftheCONSULTANTterminatesthisAgreementforunsatisfactoryperformance,the DISTRICTshallonlypayCONSULTANTforthoseservicessatisfactorilyrenderedthrough 3 210
CHS-2425—O72
theterminationdateasdeterminedbytheDISTRICT,initssolediscretion.Ifthe DISTRICTsuspendstheperformanceofCONSULTANTservicesunderthisAgreement, theDISTRICTshallonlypayCONSULTANTforthoseservicessatisfactorilyrendered throughthesuspensiondatebytheCONSULTANTasdeterminedbytheDISTRICT,inits solediscretion.
d.EitherpartymayterminatethisAgreementbyprovidingthirty(30)dayswrittennotice totheotherparty.

11.Counterparts:

Thisagreementmaybeexecutedincounterparts,eachofwhichshallbedeemedtobean original,andsuchcounterpartsshallconstituteoneandthesameinstrument.

12.Severability:

IntheeventthatpartofthisAgreementshallbedeclaredinvalidorunenforceablebya validjudgmentordecreeofa courtofcompetentjurisdiction,suchinvalidityor unenforceabilityshallnotaffectanyoftheremainingportionofthisAgreementwhichare herebydeclaredasseverableandshallbeinterpretedtocarryouttheintentofthepartieshereunderunlesstheinvalidprovisionissomaterialthatitsinvaliditydeprivedeitherpartyofthebasicbenefitoftheirbargain0rrendersthisAgreementmeaningless.

13.Notice:

Anynotice,demand,request,document,consent,approval,orcommunicationeitherpartydesiresorisrequiredtogivetotheotherpartyoranyotherpersonshallbeinwritingand eitherservedpersonallyorsentbyprepaid,first-classmail,inthecaseoftheDISTRICTto thePurchasingDirector,ChinoValleyUnifiedSchoolDistrict,5130RiversideDrive,Chilno CA91710andinthecaseoftheCONSULTANTtotheperson(s)attheaddressdesignated ontheexecutionpageofthisAgreement.Eitherpartymaychangeitsaddressbynotifying theotherpartyofthechangeofaddressinwriting.Noticeshallbedeemedcommunicated bythetimepersonallydeliveredorinseventy-two(72)hoursfromthetimeofmailingif mailedasprovidedinthisSection.
[SIGNATURESONTHEFOLLOWINGPAGE]
211
CllS—2425-O72
day
InWITNESS
andyear

WHEREOF
asfoilows:'
thepartieshaveexecutedthisAgreementinChino,Californiaonthe ChinoVaileyUnifiedSchoolDistrict CityofChino-TYKES
13220CentralAve.

Chino,CA91710
Ph:909-334-3487
Email:dmonarrez@cityofchinolorg
KathCasino
PurcasingDirector
Date:W
g4,awry
AuthorizedSignature
PrintName/Title
Date
AuthorizedSignature
PrintName/Title
Date
BoardApproved:7/18/2024
NOTICE
Purchaseordersarerequiredforallpurchases/scrvices.CVUSDdesirestopay allinvoicespromptly,however,servicescannotberendered,andinvoices cannotbepaiduntiivendorsignsandreturnsthiscontract.Failuretosignand returnthiscontractbeforeprovidingservicesmayresultinnon—paymentfor saidservices.

CVUSD(indsclzaalsiteASE/USE’spaymenttermsareNET30.
212
AgreementforContractor/ConsultantServices
ScopeofWorkforCityofChino
andsubmittedforapproval.

TheCityofChinowill:

ProjectedNumbers:

Additionalnotes:

FundingfortheFamilySupportsInitiativeTYKEScontractisbasedonreimbursementfrom First5SanBernardino;assuch,theCityofChinowillsubmitmonthlyinvoicestoCVUSDno laterthanthe10thofeachsubsequentmonth.

CVUSDwillonlyreimburseforhoursworkedspecificallytowardtheChinoValleyTYKES FamilySupportsInitiativeProgram’sScopeofWork.

Page1of2
District-CityStandardizedScopeofWork 2024/25
ProgramName/DepartmentTYKESFamilySupportsInitiative/HealthServices Timeline July1,2024~June30,2025
ContractingService(s)CaseManagement&Outreach
TotalProjectAmount $137,500
ScopeofWorkissubjecttochangeasconditionsandbudgetrequire.Changeswillbemade

1. Providetwopart—timefluentbilingual(Spanish—speaking)CaseManagersIandII toleadFSI(FamilySupportInitiative)programandprovideresources,referrals, andcasemanagementattheHOPEFamilyResourceCenter(hub),school—based resourcecenters,andCityfacilities.ACommunityServices,Parks&Recreation CoordinatorwillprovideoversighttoCitystaff.

2. Supporttheprogram'sgoalstosuccessfullyserve200coreparticipantsthrough casemanagement,andcompletepre/post-FamilyStabilityAssessments throughouttheprogramyear2024/25inalignmentwithFirst5SanBernardino’s StrategicGoalsandOutcomes.

Planandconductoutreachtosupportfamilieswithchildren0-5withinthe ChinoValley.Staffwillsubmitquarterly,andannualreportsasrequired.

4.EnsureCaseManagersattendcountyandprogramtrainingasneeded/required. 5_EnsureSupervisormeetswithDistrictprogramstaffonaquarterlybasis.

6. Ensurestaffistrained,certinedinPAT(ParentsasTeachers)curriculum,andup todateregardingavailablecommunity-basedresources,includingbutnotlimited tofoodcertihcates/foodbank,emergencysupplies,andclothingbanks,rental assistance,domesticviolencesupport,childcareresources,andotherrelated supportservices.

1.CaseManagementservicestobeprovidedforZOOparticipantsthroughoutthe year.

2. Personalizedchilddevelopmenttobeprovidedfor25familiesthroughPAT,and 35childrentobeserved.

3. CompleteASQ(AgesandStagesQuestionnaire)developmentalscreeningsfor 50childrentoassistintheidentincationforpotentialdevelopmentaldelays. 213
UnspentCaseManager/SpecialistfundscanbeusedtowardServices&SuppliesUnspent Services&SuppliesfundscanbemovedtoCaseManager/Specialistlineitem.

Budget:Salary/Personnel
*Estab/ishedsa/a/yrangesandratesaresubjecttotheapprova/0fCity0fChinoCityCounC/iand pursuanttoa//app/icab/estateand/oca//aW5,ordinances,andru/es.Sa/aryrangesandratesmay changeatanytimebasedonCityCounC/idirect/onand/0rchangespursuantt0a/iapp/icab/elaws, ordinances,andru/es.

Services&Supplies
Page2of2
District-CityStandardizedScopeofWork 2024/25
Title DescriptionofServicestobe
Provided
Ratenot
to
hrs#of
wks
#of
staff
Total
per
exceedwk
1 Case
Manager
II
Willassesstheneedsoffamilies
withchildren0-5andprovidecase
management;willoverseedata $48.54*28—45— 1-2 $92,000
collection/reporting;assessneedsof
familiesandchildren,assistin
38 52
locating/obtainingresources,
providefollow-up,monitor,&
evaluateprogress.
2 Case
Manager
I
Willassessneedsoffamilieswith
children0—andprovidecase
management;assistin
$43.98*28-
38 4S-
52 1 $10,500
locating/obtainingresources,
providefollow-up,monitor,&
evaluateprogress.
3 SpecialistWillassistwiththeidentificationof
familieswithchildren0—5and 20-45-(bilingual)
promotelocalresourcesandearly
$40.85*
30 52
1—2
$34,000
childhoodinterventionopportunities
throughoutreachevents.

Standardbenefits(22%)included
SALARIES$136,500
1 OperatingEquipmentProgramsupplies,snacksandbooks,for
participantgroupworkshops
$200
2 Mileage Sitevisits,training,homevisits,etc.$0
3 Printing/BindingCity-issuedbusinesscards $0
4 Training/MeetingsPATrenewal,Children’sNetwork,and
otherappropriatetraining
$800
$1,000
BudgetSalaries $136,500
BudgetServices/Supplies $1,000
ProjectTotal $137,500
214
EXHIBIT“7”
CNS-2425051

CHINOVALLEY

UNIFIEDSCHOOLDISTRICT
5130RiversideDrive,Chino,CA91710
(909)628-1201
NameofDepartment/Site
SubmittingContract: HealthServices
NameofContactPerson: KATHYCASINO,DIRECTOR,PURCHASING

AGREEMENTFORCONSULTANTSERVICES/MASTERCONTRACT
ThisAgreementismadebetweentheCHINOVALLEYUNIFIEDSCHOOLDISTRICT, ("DISTRICT")andCityofChino(HighFiveASP/SunriseKidsBSP)(“CONSULTANT”) (REcrrALS)
WHEREAS,CONSULTANTisespeciallyskilled,trained,experienced,andcompetentto rendertheservicesandadvicedescribedinSectionIhereof;and WHEREAS,DISTRICTrequirestheservicesdescribedinSection1hereofandDISTRICT isunabletoobtainthemfromexistingpersonnel;and
NOW,THEREFORE,DISTRICTANDCONSULTANTmutuallyagreeasfollows:

1.ServicestobeProvidedbyCONSULTANT:
a.CONSULTANTwillrendertheservicestoDISTRICTthataredescribedas:
tuitionreimbursementfortheSunriseKidsbeforeschoolprogramandtheHighFiveafterschoolprogram. b.CONSULTANTwillcommenceworkunderthisAgreementonorabout7/1/2024andwill diligentlyprosecutetheworkthereafter.CONSULTANTwillcompletetheworknotlater than6/30/2025.Upona showingofgoodandsufficientcausebyCONSULTANT, DISTRICTmay,initssolediscretion,grantsuchextensionoftimeasitmaydeem advisable.However,DISTRICTshallnotpayCONSULTANTanyadditionalcompensation ifsuchanextensionisgranted,unlessCONSULTANTperformsadditionalservices,the compensationforwhichshallbedeterminedbytheDISTRICTandCONSULTANTin writing.
c.CONSULTANTwillperformsaidservicesinhisorherownwayandasanindependent contractorinthepursuitofhisorherindependentcallingandnotasanemployeeof DISTRICT.HeorsheshallbeunderthecontroloftheDISTRICTastotheresulttobe accomplishedandnotastothemeansormannerbywhichsuchresultistobe accomplished.
215
CllS-2425-051
CONSULTANT’SRepresentations:

CONSULTANTrepresentsthatheorshehastheskills,experience,andknowledgenecessaw toperformtheservicesagreedtobeperformedunderthisAgreement;andCONSULTANT understandstheDISTRICThasreliedupontherepresentationsofCONSULTANTthatheor shehastheskills,experience,andknowledgetoperformtheservicesrequiredbythis Agreementinacompetentmanner.CONSULTANTunderstandsthescopeoftheservices requiredtobeperformedunderthisAgreement.CONSULTANTwarrantsthatheorshewill faithfullyanddiligentlyperformtheserviceshereunder.

CONSULTANTshallemploy,asa minimum,generallyacceptedstandardsofpracticesemployedbypersonsengagedinprovidingsimilarservicesinexistenceatthetimeofthe performanceoftheobligationshereunder.
.CompensationtoCONSULTANT:
a.Consultantwillprovideservicesfortheamountof:PerRateSheet b.NoadditionalcompensationwillbegrantedunlessagreedtoinwritingbyDISTRICT. c.FundingSource:ELOP
d.DISTRICTwillnotwithholdFederalorStateincometaxdeductionsfrompaymentsmade toCONSULTANTunderthisAgreementbutwillprovideCONSULTANTwithastatement ofearningsattheconclusionofeachcalendaryear.
e.Forservicesrendered,theCONSULTANTmustsubmittotheDISTRICTa detailed requestforpaymentwithanitemizedinvoice,describingservicesprovide,withthe signatureofsiteprincipalormanager,notingworkorservicewascompleted. .DurationofAgreement:

ThetermofthisAgreementshallcommenceon7/1/2024andterminateon6/30/2025.

Subjecttotermsandconditionsstatedin#10.
.DISTRICTtoProvideInformation:

DISTRICTwillprepareandfurnishtoCONSULTANTuponhisorherrequestsuch informationasisreasonablynecessarytotheperformanceofCONSULTANT’Sworkunder thisAgreement.
.OwnershipofMaterials:

7.GeneralProvisions:
a.CONSULTANTshaHcomplywithallFederal,Stateandlocallawsandordinances applicabletosuchwork.CONSULTANTshallprovideworkers'compensationinsuranceor self-insureforhisorherservices.Evidenceofinsurance(GeneralLiability,Professional Liability,AutoandWorkers’Comp)shallbeprovidedtoDISTRICTuponexecutionofthis Agreement.
b.IfCONSULTANTisanindividual,forservicesrendered,heorshemustsubmittothe DISTRICTacompletedIRSW9formthatmustincludeCONSULTANT’Ssignature,social securitynumberortaxidentificationnumber;andstatewhetherornotCONSULTANTis aretiredmemberoftheStateTeachersRetirementSystemoftheStateofCalifornia. c.ThisAgreementmaybeamendedbythemutualwrittenconsentoftheparties.

8.Assignment:

ThisAgreementmaynotbeassignedwithoutthewrittenconsentoftheDISTRICT.

9.Indemnification:

IncontemplationoftheprovisionsofSection895.2oftheGovernmentCodeoftheStateof Californiaimposingcertaintortliabilityjointlyuponpublicentitiessolelybyreasonofsuch entitiesbeingpartiestoanagreementasdehnedbySection895ofsaidCode.,eachofthe Partieshereto,pursuanttotheauthorizationcontainedinSection895.4and895.6ofsaid Code,willassumethefullliabilityimposeduponit,oranyofitsofhcers,agents,or employees,bylawforinjurycausedbyanegligentorwrongfulactofomissionoccurringin theperformanceofthisAgreementtothesameextentthatsuchliabilitywouldbeimposed intheabsenceofSection895.2ofsaidCode.Toachievetheabove-statedpurpose,each PartyindemninesandholdharmlesstheotherPartyofanyloss,cost,orexpensethatmay beimposeduponsuchotherPartysolelybyvirtueofsaidSection895.2.Thepartiesagree toindemnify,defend,andholdharmlesseachotheragainstanyandallliability,expense andclaimsarisingfromtheirrespectivenegligentorwrongfulactsandomissions.The provisionsoftheSectionshallsurvivetheterminationofthisAgreement.

10.Termination:
a.IfDISTRICTdetermines,initssolediscretion,thatCONSULTANT’Sserviceshavebeen orbecomeunsatisfactory,DISTRICTmayterminatethisAgreementandthe CONSULTANT’Sserviceshereunder.Further,DISTRICTmaysuspendtheperformance oftheworkunderthisAgreementforahxedorindefiniteperiod.
b.Asanalternativetoaunilateralterminationundersubsection(a)thereof,theDISTRICT mayissuetoCONSULTANTa writtennoticeofanydehciencyordelayinthe performancesortheserviceshereunder.Inthatevent,CONSULTANTshallcureany suchdeficiencywithintheperiodspecinedinsaidnotice.IfCONSULTANTfailstocure thedeficiencywithinthespecifiedperiod,DISTRICTmayterminatethisAgreement. c.IftheCONSULTANTterminatesthisAgreementforunsatisfactoryperformance,the DISTRICTshallonlypayCONSULTANTforthoseservicessatisfactorilyrenderedthrough 3 217
CllS-2425-051
theterminationdateasdeterminedbytheDISTRICI',initssolediscretion.Ifthe DISTRICTsuspendstheperformanceofCONSULTANTservicesunderthisAgreement theDISTRICTshallonlypayCONSULTANTforthoseservicessatisfactorilyrendered throughthesuspensiondatebytheCONSULTANTasdeterminedbytheDISTRICT,inits solediscretion.
d.EitherpartymayterminatethisAgreementbyprovidingthirty(30)dayswrittennotice totheotherparty.

11.Counterparts:

Thisagreementmaybeexecutedincounterparts,eachofwhichshallbedeemedtobean original,andsuchcounterpartsshallconstituteoneandthesameinstrument.

12.Severability:

IntheeventthatpartofthisAgreementshallbedeclaredinvalidorunenforceablebya validjudgmentordecreeofa courtofcompetentjurisdiction,suchinvalidityor unenforceabilityshallnotaffectanyoftheremainingportionofthisAgreementwhichare herebydeclaredasseverableandshallbeinterpretedtocarryouttheintentofthepartieshereunderunlesstheinvalidprovisionissomaterialthatitsinvaliditydeprivedeitherpartyofthebasicbenedtoftheirbargainorrendersthisAgreementmeaningless.

13.Notice:

Anynotice,demand,request,document,consent,approval,orcommunicationeitherpartydesiresorisrequiredtogivetotheotherpartyoranyotherpersonshallbeinwritingand eitherservedpersonallyorsentbyprepaid,first-classmail,inthecaseoftheDISTRICTto thePurchasingDirector,ChinoValleyUnihedSchoolDistrict,5130RiversideDriveChilno CA91710andinthecaseoftheCONSULTANTtotheperson(s)attheaddressdesignated ontheexecutionpageofthisAgreement.Eitherpartymaychangeitsaddressbynotifying theotherpartyofthechangeofaddressinwriting.Noticeshallbedeemedcommunicated bythetimepersonallydeliveredorinseventy-two(72)hoursfromthetimeofmailingif mailedasprovidedinthisSection.
[SIGNATURESONTHEFOLLOWINGPAGE]
218
CNS—2425051
InWITNESSWHEREOF,thepartieshaveexecutedthisAgreementinChino,Californiaonthedayandyearasfoilows:

ChinoValleyUnifiedSchoolDistrict
MW
KathyCasino
PurchasingDirector
Date:fay30)goay
CityofChino(HighFiveASP/SunriseKids
BSP)
13220CentralAve.

Chino,CA91710
Ph:909-334-3458
Email:[email protected]
AuthorizedSignature
PrintName/Title
Date
BoardApproved:6/6/2024
AuthorizedSignature
PrintName/Title
Date
NOTICE
PurchaseordersarerequiredforallpLn‘Chases/services.CVUSDdesirestopav allinvoicespromptly,however,servicescannotberendered,andinvoices cannotbepaidumilvendorsignsandreturnsthiscontract.FailuretoSignand returnthiscontractbeforeprovidingservicesmayresultinnon—paymentfor saidservices.

CVUSD(1m!schoolSiteASE/USE’spaymenttermsareNET30.
219
PO#
AgreementforContractor/ConsultantServices
ScopeofWorkforCityofChino
TheCityofChinowill:

Page1of3
District—CityStandardizedScopeofWorkrevised04-03-24
ProgramName/DepartmentHighFiveAfterSchoolProgramandSunriseKids BeforeSchoolProgram/HealthServices
Timeline July1,2024,thruJune30,2025
ContractingService(s)GrantFundedAfterSchoolProgram
TheCityofChinowillprovideaCommunityServices,Parks&RecreationCoordinator (Coordinator)whowillberesponsiblefordailyonsitesupervisionofsubcontractedstafflThe CoordinatorwilluseasystematicprocessfortrainingandsupervisingCommunityServicesstaff assignedasCounselorll,Specialist,andLeaderstotheAfterSchoolprogram.The CoordinatorwillcollaboratewiththeDistrictChildDevelopmentCoordinator(CDC)toprovide monthlytraining,forCommunityServicesSpecialistsandLeadersaswellasmonthlyplanning meetingswithSpecialists.Trainingwillbedevelopedtotrainstafftouseintrinsicqualities; orientstafftoAfterSchoolProgramgoalsandgrantassurances;assimilatestafftoworking withintheschoolenvironmentandpreparestaffforthepotentialchallengesthatmaybe encountered
Participateinthedesignandreviewofprogramsurveysforthestaff,students,andparents.

Assistinthedistributionoftheresultsanddevelopmentofprogramimprovementplansas needed.

TheCityofChinowillrecruitandemployCommunityServices,Parks& Recreation SpecialiststoprovideservicestostudentsattheAfterSchoolsite.CommunityServices SpecialistswillworkunderthedirectsupervisionoftheCoordinator.Seeattachmentforspecific rolesandresponsibilities.Specialistsmustfulfillhealthandfingerprintclearancerequirements, passtheDistrictinstructionalAideTest,andobtainCPRcertification.CVUSDwillprovidea studyguidefortheInstructionalAidetest.

TheSpecialistswillcompletetheChinoValleyUnifiedSchoolDistrict(CVUSD)Medication AdministrationannualtrainingledbyaCredentialedSchoolNursetoincludeclearanceto receive,administer,andlogmedication.TheSpecialistswillberequiredtoreceiveandstore medicationinalockedcabinet/container.TheSpecialistwillfollowupwithCVUSDNurses uponthereceivalofanymedicationtoconfirmtheproperdocumentationispresentpriorto administeringanymedication.A CVUSDNursewillmeetwithSpecialiststogoover individualizedcareplans.Thecareplanswillincludeanynecessarymedicationandwillbein placebeforethestudentbeginstheprogram.TheSpecialistswillassistwithportioningoutthe properdosageofmedicationandloggingoutthedateandtimeitwasadministeredinthe designatedlog.Administrationcanincludeassistancewithmedicationtablets,capsules, inhalers,EpiPens,ointments,andeye/eardropsasneeded.

TheSpecialistwill‘oeresponsiblefortheplanningandprogrammingoftheAfterSchool programtoensuretheinclusionofaneducationalandliteracycomponentdesignedtoprovide tutoringand/orhomeworkassistanceinthefollowingcorecontentsubjectareas:language arts,mathematics,history,science,andcomputertraining.AfterSchoolwillincludean educationalenrichmentcomponentsuchasfinearts,recreation,physicalfitness,and 220
PO#
Page2of3
District-CityStandardizedScopeofWorkrevised04-03-24
preventionactivitiesorganizedbytheSpecialist.Specialistswiiiimplement“handson" interactivestudentactivities,planmonthlyactivitycalendars,andlessonplans.AfterSchool activitieswillfocuson“disguised”learninginexciting,hands—onexperiences.AfterSchool componentsmayinclude,butnotbelimitedtothefollowing:
> Nutritionandhealthenrichmentactivitiesthatincludehands—onfoodactivitiesand nutritionlessons.
> UseofCVUSDprovidedChromebooks,
> SPARKrecreationactivities.
> ArtsandCraftstodevelopmotorskillsandcreativity
> Adailyreadingcomponent
> Academicgamessuchasspellingbees,jeopardy,andquizzes.
> Participationinplantingandcaringforagarden,ifavailable,attheAfterSchoolsite > Positivereinforcementtechniquestostrengthencharacterdevelopment, 4,
TheCityofChinowillrecruitandemployCommunityServices,Parks&RecreationLeaders toprovideservicestostudentsattheAfterSchoolsite.CommunityServicesLeaderswillwork underthedirectsupervisionoftheSpecialistsandtheCoordinator.Seeattachmentforspecific rolesandresponsibilitiesLeadersmustfulfillhealthandfingerprintclearancerequirements, attendtheCVUSDNursetraining,passtheDistrictinstructionalAideTest,andobtainCPR certification.CVUSDwillprovideastudyguidefortheinstructionalAidetest.

5. ResponsibilitiesofAllCommunityServices,Parks&RecreationStaff Allstaffmemberswillberesponsibleforthefollowing:

1.Maintainaminimumavailabilityoffouroffiveprogramdays,regularly.

2.Maintaindailynotestotracksuccessesandprogressoftheprogram,andstudents,and provideattendancereports.includeCDC,Coordinator,and/orCounseloriiinail communicationsrelatedtoseriousbehaviorproblems.Abehaviorplanmeetingwillbe heldbeforeexpulsionbasedonbehavior,toincludeparents,CitySpecialist,CDC, Coordinator,Principal,and/orCommunityServices,Parks&RecreationSupervisor.

3.Maintainaclean,orderly,andwelcomingAfterSchoolenvironmenteachday.

4.CollaboratewithotherAfterSchoolSpecialiststodevelopmonthlycalendarsanddaily lessonplans.SpecialistswillassistLeaderstodevelopdailylessonplansofactivities.

5.Attendlocal,regional,and/orstatetrainingsandconferencesforprofessional developmentasscheduled.

6.Participateinprogramplanningthroughacollaborativeprocesswithparents,youth,and representativesofschoolsites,governmentagencies,locallawenforcementand communityorganizations.Planasiteeventfor“LightsOnAfterSchool“inOctober.

7.Providesuppliesandamonthlynutritionlessonateachprogram.Staffwillbe responsiblefordevelopingthelessonplanandleadingstudentsinhandsonnutrition learning.
6,
TheCityofChinowillrecruitandemployaCounselorlltoprovideonsiteconsultationand resourcesupportonstudentbehaviortoAfterSchoolprogramstaffs.Seeattachmentfor specificrolesandresponsibilities.Counseloriiwillassistwithanobservationofstudent behavior,attendparentmeetingsonbehaviorissues,participateinthedevelopmentof behavioractionplans,andwillprovideguidancetoAfterSchoolstaffformanagingongoing studentbehavior,includingstafftraining.CounselorllwillcollaboratewithCVUSDBehavioral HealthCenterstaffforsignificantbehavioralhealthconcerns.

7.TheCityofChinowillrecruitandemployaCounselorllltoprovideclinicalsupervisionasa resourcesupportfortheCounselorii.
221
PO#
I
ProjectedNumbers:

1. Approximatew160childrenwillreceivebeforeorafterschoolhomeworkassistanceand enrichmentservicesfromCityofChinoCommunityServices,Parks&Recrationstaffin2024— 2025.

AdditionalNotes:

TheCityofChinowillcommencecontractservicestoAfterSchooiprogrambeginningJuly1,2024 andendingJune30,2025.BeforeandAfterSchoolwilloperateonanyschooldaythatstudents attend,andinstructiontakesplace.AfterSchoolwillbeginimmediatelyupontheendoftheregular schooldayandwilloperateuntil6:00p.m.Beforeschoolwillbeginat6:00am andwilloperate untiltheregularschooldaybegins.Adailystudent-toastaffratioofnomorethan20:1and10:1for Kindergartenparticipantswillbeprovidedatalltimes.Thestudent-to-staffratiowillbemonitored andadjustedincollaborationwiththeCoordinatorandCVUSDCDC.

Staff,training,onsitebehavioralconsultationbyCounselorii,andonsiteCoordinatorsupervisionfor AfterSchoolprogramswillbeprovidedatCalAeroPreserveAcademyi ExhibitA
ExhibitB
Page3of3
District-CityStandardizedScopeofWorkrevised04-03-24
Category—UNDUPLICATEDONLY MonthlyCostPerParticipant
CalAeroPreserveAcademyTK/Kinder $400
CalAeroPreserveAcademy1—8‘hGrade $375
Category—UNDUPLICATEDONLY MonthlyCostPerParticipant
SunriseKidsPreserveCommunityCenter
TK/Kinder
$225
SunriseKidsPreserveCommunityCenter1-8“
Grade
$225
222
Attachment

COMMUNITYSERVICES,PARKS&RECREATIONLEADER
RolesandResponsibilities
Leaderswillberesponsibleforthefollowing:
1iResponsibleforAfterSchoolparticipants.
2iMonitorstudents,classrooms,andrecreationalactivitiesforthepurposeof ensuringasafeandpositivelearningenvironment.

3.Leadorganizedlearningactivitiesforstudentstodevelopandstrengthentheir academic,physical,andsocialskills.

Beapositiverolemodelforstudentsbyshowingenthusiasm,initiative,anda matureworkethic.

Assistwithdailyhomework.

Communicateeffectivelywithpeers,parents,andvolunteers.

Consistentlycommunicateanybehaviorincidents,injuries,oranyother pertinentinformationtotheprogramSpecialistinatimelymanner. 223

MEMORANDUM

CITY OF CHINO

COMMUNITY SERVICES, PARKS & RECREATION DEPARTMENT

CITY COUNCIL MEETING DATE: SEPTEMBER 3, 2024

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

RECREATION

SUBJECT
..titl e
Vendor Cap Increase - New Tangram, LLC.
..end

RECOMMENDATION
1) Approve a vendor cap increase with New Tangram, LLC, Newport Beach, CA in the amount of $200,000 for a total not-to-exceed amount of $250,000; and 2) authorize the City Manager to execute the necessary documents on behalf of the City.

..body

FISCAL IMPACT
Sufficient funds are available in the Fiscal Year 2024-25 Building Management Fund budget.

Revenue: Click or tap here to enter text.

Expenditure: Various accounts
Transfer In: Click or tap here to enter text. Transfer Out: Click or tap here to enter text. 224
CITY COUNCIL MEETING DATE: SEPTEMBER 3, 2024
TITLE: VENDOR CAP INCREASE - NEW TANGRAM, LLC.

PAGE: 2

BACKGROUND
The Fiscal Year 2024 -25 Building Management Fund budget provides funding for design services, purchasing, and installation of modular furniture in City -owned facilities. New Tangram, LLC is the City’s approved contractor that possesses the knowledge, cert ifications, and expertise to complete all related services for modular furniture. The existing furniture in several City facilities was installed in the 1990s and is discontinued making it difficult to build additional workstations and to complete needed repairs.

Included in the current fiscal year’s budget are several Internal Service Fund (ISF) projects for space planning, design services, purchase, and installation of new furniture and/or reconfiguration of existing workstations.

ISSUES/ANALYSIS
To date, New Tangram, LLC has a vendor cap of $50,000. The requested increase of $200,000 for design services, purchase and/or installation of furniture, and reconfiguring existing workstations brings the total vendor cap for New Tangram, LLC to $250,000. City Council authorization is required as the combined total of purchase orders will exceed $50,000 authorized to one vendor.

225

MEMORANDUM

CITY OF CHINO

COMMUNITY SERVICES, PARKS & RECREATION DEPARTMENT

CITY COUNCIL MEETING DATE: SEPTEMBER 3, 2024

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

RECREATION

SUBJECT
..titl e
Award of Public Works Contract to Major League Infields, Inc., Fullerton, CA for Ball Field Maintenance Services.
..end

RECOMMENDATION
1) Award a public works contract to Major League Infields, Inc., Fullerton, CA to provide ball field maintenance services at Ayala, Heritage, Mountain View, and Villa Parks in the amount of $67,808 for annual routine maintenance and $32,192 for unanticipated work for a not-to-exceed amount of $100,000; with four additional one -year options to renew; 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 Fiscal Year 2024 -2025 Ayala Park Operating Center Budget.

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

Revenue: Click or tap here to enter text.

Expenditure: 3308250-43580
Transfer In: Click or tap here to enter text. Transfer Out: Click or tap here to enter text. 226
CITY COUNCIL MEETING DATE: SEPTEMBER 3, 2024
TITLE: AWARD OF PUBLIC WORKS CONTRACT TO MAJOR LEAGUE INFIELDS, INC., FULLERTON, CA FOR BALL FIELD MAINTENANCE SERVICES.

PAGE: 2

BACKGROUND
Maintaining acceptable ball field playing surfaces requires regular and comprehensive field preparation, such as mowing, fertilization, irrigation, and cultivation. However, since ball fields are subjected to tremendous wear and damage within a relatively short period of time, the ball field (infield) maintenance services will provide special attention to the high impact areas on each infield. High impact areas include the batter’s boxes, home plate, pitcher’s mound base paths, and sliding areas. These high impact areas will be maintained based on the specification field maintenance pricing spreadsheet.

ISSUES/ANALYSIS
Staff prepared specifications for the project and a Notice Inviting Bids was published on Planetbids. On July 25, 2024, two (2) bids were accepted electronically with the following results:

Company Name Total Bid Amount
1 Major League Infields, Inc. $ 67,808.00
2 Unlimited Environmental, Inc. $ 83,880.00

The lowest bid was submitted by Major League Infields, Inc., Fullerton, CA in the amount of $67,808. Staff subsequently reviewed Major League Infields, Inc.’s contractor’s licenses, bonds, references, and list of sub -contractors submitted for the project and determined them to be the lowest responsive and responsible bidder. In addition to the contract amount, staff is requesting authorization to spend up to $32,192 for additional ball fields maintenance such as laser leveling and turf replacement. This brings the potential contract amount to $100,000.

The contract term is for one (1) year beginning September 4, 2024, with the option for four (4) additional one-year periods.

Attachments: Major League Infields, Inc. – Agreement and Proposal

227

01225.0006/515653.2
CONTRACT NO.:

APPROVED:

AGREEMENT

“BALL FIELD MAINTENANCE SERVICES”

THIS AGREEMENT is made and entered into this 4th day of September 2024, by and between THE CITY OF CHINO, a municipal corporation, hereinafter called “City”, and MAJOR LEAGUE INFIELDS, INC., hereinafter called “Contractor”.

WITNESSETH, that the parties hereto mutually agree as follows:

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

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

City shall pay Contractor, and Contractor shall receive, for completing the Work in accordance with the requirements of the Contract Documents and in full compensation therefor, the price named in the Bid Proposal. Subject to any additions or deductions that may be made by change order or amendment, and any penalties or damages that may be assessed against Contractor, Contractor shall receive a total contract amount of Sixty-Seven Thousand Eight Hundred Eight Dollars ($67,808.00) for scheduled maintenance and Thirty-Two Thousand One Hundred Ninety- Two Dollars ($32,192.00) for unanticipated work for a total not-to-exceed amount of One Hundred Thousand Dollars ($100,000.00) for completion of the contract work.

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

ARTICLE IV: Contractor shall begin work within five (5) calendar days after receiving a Notice to Proceed from the City and the work shall be completed by June 30, 2025. If the work is not completed within said time period, liquidated damages shall apply.

ARTICLE V: The Notice Inviting Bids, the Summary of Work, the Instructions to Bidders, the Bid Documents, the Required Post-Bid Documents, the General Provisions, the Special Provisions, the Technical Specifications, and all other drawing, plans, or specifications for the Work (collectively, “Contract Documents”) are hereby incorporated in to and made part of this 228

01225.0006/515653.2
Agreement.

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

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

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

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

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

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

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

229

01225.0006/515653.2
ARTICLE X: No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement.

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

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

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

[SIGNATURES ON FOLLOWING PAGE]

230

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

APPROVED AS TO FORM:

Aleshire & Wynder, LLP
APPROVED AS TO CONTENT:

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

CONTRACTOR:

Major League Infields, Inc.

Dated: By:
(Signature)
Name: David R. Johnson
(Please Type or Print Name)
Title: President
(Please Type or Print Title)

CITY OF CHINO:

Dated:

Linda Reich, City Manager

ATTEST:

Natalie Gonzaga, City Clerk

Dated: ___________________________
231
SECTION 4: BID DOCUMENTS

All documents provided in this Section 4, including this page, must be com pleted. Unless otherwise specified, all bid documents must be submitted online (via PlanetBids) to be considered for award for this bid solicitation.

4.1 BID SCHEDULE

4.2 ADDENDA ACKNOWLEDGEMENT/SIGNATURE

4.3 LIST OF SUBCONTRACTORS

4.4 BID BOND (SEE SECTION 3.2 FOR INSTRUCTIONS)

4.5 NONCOLLUSION DECLARATION

4.6 CERTIFICATION OF NON-DISCRIMINATION BY CONTRACTORS

4.7 WORKERS’ COMPENSATION INSURANCE CERTIFICATE

4.8 CERTIFICATION OF SITE EXAMINATION

4.9 INFORMATION TO COMPLY WITH LABOR CODE SEC. 2810

4.10 IRAN CONTRACTING ACT OF 2010 COMPLIANCE AFFIDAVIT

4.11 CERTIFICATION OF COMPLIANCE WITH BUY AMERICA PROVISION

4.12 STATEMENT BY BIDDER: QUALIFICATION AND EXPERIENCE STATEMENT (REFERENCES)

4.13 CONFLICT OF INTEREST DISCLOSURE FORM

I (Bidder), Major League Infields, Inc, certify that all of the above required documents have been completed.

I also understand that failure to submit a completed bid package (fully completed and executed) will result in rejection of bid.

Dated: 7/24/2024 Major League Infields, Inc.
(Bidder)

(Signature)

David R. Johnson
(Printed Name)

President
(Title)

232

4.1 BID SCHEDULE

BIDDER’S NAME: Major League Infields, Inc.

By submitting this bid, we offer to furnish all necessary labor, tools, materials, and equipment to complete all Work specified in the Notice Inviting Bids (bid document), in full compliance with all documents, including plans, specifications, attachments and exhibits pertaining to IFB#2024-0013-Ball Field Maintenance Services, at the prices listed below.

Bidder shall carefully examine the attached documents and all sites of the work contemplated. The submission of a bid proposal shall be conclusive evidence that the Bidder has investigated and is satisfied as to the conditions to be encountered, the exact locations, character, quality, quantities of work to be performed, and materials to be furnished, the difficulties to be encountered, and to the requirements of this bid solicitation .

The cost proposals listed below must include the complete and total cost for all services required to fulfill the requirements of this contract.

BID SCHEDULE 1: “Grand Total” of Bid Schedule Year 1 is the basis of comparison to determine low bid. Please fill out the excel spreadsheet for Year 1, Year 2, Year 3, Year 4 and Year 5.

Bidder understands that these quantities are estimates only and are given solely for the purpose of facilitating the comparison of Bids, and that the Contractor’s compensation will be computed on the basis of the actual quantities in the completed Work.

The following information will be used for statistical analysis only:

Is the Bidder a Disadvantaged Business (DBE)? No If yes, Certification No. N/A_________ Is the Bidder a Minority-Owned Business? No Which racial minority? __________ Is the Bidder a Women-Owned Business? No
Is the Bidder a certified Small Business? No If yes, Certification No._________

Field Field
Prep
# of
Treatments Total Border
Edging
Water-
Blasting
Heavy Water, Deep
Scarify & Drag Total # of
Treatments Total Grand Total
Ayala #1^^ 52 26
Ayala #2^^ 52 26
Ayala #3** 104 26
Ayala #4^^ 52 26
Ayala #5* 52 26
Ayala #6* 52 26
Heritage 1* 52 26
Heritage 2* 52 26
Heritage 3* 52 26
Mountain View 1* 52 26
Mountain View 2* 52 26
Villa Park** 104 26
Total Total
Grand Total
Note: Frequency subject to change based on scheduling
Note: This is a firm fixed price Agreement between City an Contractor to provide services, as set forth in Exhibit 1 - Scope of Work. Pricing shall be firm regardless of season throughout the full term of this Agreement.

Field Maintenance Pricing
** = Year Round
Border, Blasting, Heavy Water, etc.

Year Round (Bi -weekl y) / Day to be detetmi ned
^^ = January-June
* = July-December
Field Prep
Note: Based on the additional drags, fields
will be dragged 3 times every other week.
233

4.2 ADDENDA ACKNOWLEDGEMENT / SIGNATURE

This Bid is submitted with respect to the changes to the Bid Document, Plans, and/or Specifications included in the following addenda numbers:

_____ _____ _____ _____ _____ _____ _____
1 2 3 4 5 6 7
(Initial above all appropriate numbers)

Bidder certifies that its Bid is complete and Bidder has examined the site. By signing below, Bidder also certifies that the Contractor will not submit a claim based on failure to examine the site thoroughly.

Respectfully submitted,

Bidder Signature Date 7/24/2024

David R. Johnson, President
Print Name / Title

Major League Infields, Inc 508 E. Chapman Ave., Fullerton, CA 92832 Legal Name of Company Business Address (Actual Address - Post Office Box)

818.355.2167 & 818.355.2169 [email protected] Telephone Number Email Address

992473 1000015255
Contractor’s License Number DIR Registration Number

234

4.3 LIST OF SUBCONTRACTORS

In accordance with the requirements provided in the "Subletting and Subcontracting Fair Practices Act" Division 2 Part 1, Chapter 4 of the California Public Contract Code, the Bidder shall set forth hereon the name, the location of the place of business, Department of Industrial Relations registration number, and the California contractor license number of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvement, or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a port ion of the work or improvement according to plans and specifications, in an amount in excess of one‐ half of 1 percent of the prime contractor's total bid or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one‐ half of 1 percent of the prime contractor's total bid or ten thousand dollars ($10,000), whichever is greater.

The prime contractor shall also set forth hereon the portion of the work (type and dollar value) that will be done by each subcontractor. The prime contractor shall list only one subcontractor for each portion as defined by the prime contractor in his or her bid. Information requested, other than the subcontractor's name, location of business, Department of Industrial Relations regist ration number, contractor license number, and the portion of work that will be done by each subcontractor, may be submitted by the prime contractor within 24 hours after the deadline for submission of bids.

Name: Master Landscape & Maintenance, Inc. Type of Work:Pesticide Applicator Lic. QL37584 Address: 14600 Goldenwest St. #210, Email Address: [email protected] Westminster, CA 92683 Dollar Value of Subcontract: $300.00 Phone No.: 714.531.0549
License No. 830979 DIR Registration No. 1000018806

NOTE: We do not expect to use this Sub-Contractor because we’ve never had to spray chemicals in the previous seven years we performed these services.

Name: Type of Work:

Address: Email Address:

Phone No.: Dollar Value of Subcontract: $
License No. DIR Registration No. _____________________

Name: Type of Work:

Address: Email Address:

Phone No.: Dollar Value of Subcontract: $
License No. DIR Registration No. _____________________

Name: Type of Work:

Address: Email Address:

Phone No.: Dollar Value of Subcontract: $
License No. DIR Registration No. _____________________

Name: Type of Work:

Address: Email Address:

Phone No.: Dollar Value of Subcontract: $
License No. DIR Registration No. _____________________

Name: Type of Work:

Address: Email Address:

Phone No.: Dollar Value of Subcontract: $
License No. DIR Registration No. _____________________

Name: Type of Work:

Address: Email Address:

Phone No.: Dollar Value of Subcontract: $
License No. DIR Registration No. _____________________

235

BOND NO.

4.4 BID BOND

KNOW ALL MEN BY THESE PRESENTS that we _________________________________ as Principal, hereinafter referred to as “Contractor” and _________________________________ as Surety, are held and firmly bound unto the City of Chino , hereinafter called the “City,” in the sum of _________________________________________________________________________Dollars ($______________), for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. The conditions of this obligation are such that whereas the Contractor submitted to the City a certain Bid, attached hereto and hereby made a part hereof, to enter into a contract in writing for the _______________________________________________, and will furnish all required certificates of insurance and bonds as required by the Contract.

NOW, THEREFORE, if said Bid shall be rejected; or in the alternate, if said Bid is accepted, and the Contractor (i) executes and delivers a contract in the prescribed form of the Agreement, (ii) delivers certificates evidencing that the required insurance is in effect, (iii) executes and delivers bonds in the forms prescribed, and (iv) in all other respects performs the agreement created by the acceptance of said Bid, then this obligation shall be void; otherwise this obligation shall remain in full force and effect, it being expressly understood and agreed that the liability of the Surety for any and all default of the Contractor hereunder shall be the amount of this obligation as herein stated. In the event suit is brought upon this bond by City and judgm ent is recovered, Surety shall pay all costs incurred by City in said suit, including a reasonable attorney's fee to be fixed by the court.

The Surety, for the value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall in no way be impaired or affected by an extension of the time within which the City may accept such a bid; and said Surety does hereby waive notice of any such extension.

SIGNED AND SEALED, this ________day of ______________________, 20______

________________________________(Seal) ________________________________(Seal) (Principal) (Surety)

By: ____________________________ By: _________________________________ (Signature) (Signature)

(SEAL AND NOTARIAL ACKNOWLEDGMENT OF SURETY)

236
237
238

4.6 CERTIFICATION OF NON-DISCRIMINATION BY CONTRACTORS

As suppliers of goods or services to the City of Chino, the company listed below certifies that it does not discriminate in its employment with regard to race, color, religion, sex or national origin; that it is in compliance with all federal, state and local directives and executive orders regarding non-discrimination in employment; and that it agrees to demonstrate positively and aggressively the principle of equal opportunity in employment.

We agree specifically:

1. To establish or observe employment policies which affirmatively promote opportunities for minority persons at all job levels.

2. To communicate this policy to all persons concerned, including all company employees, outside recruiting services, especially those serving minority communities, and to the minority communities at large.

3. To take affirmative steps to hire minority employees within the company.

COMPANY NAME: Major League Infields, Inc.

NAME & TITLE OF PERSON SIGNING: David R. Johnson

SIGNATURE

DATE: 7/24/24

Please include any additional information available regarding equal opportunity employment programs now in effect within your company.

239

4.7 WORKERS’ COMPENSATION INSURANCE CERTIFICATE

The Contractor shall execute the following form as required by the California Labor Code, Section 1860 and 1861:

I am aware of the provisions of Section 3700 of the State Labor Code which require every employer to be insured against liability for worker ’s 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 this contract.

DATE: 7/24/2024

Major League Infields, Inc.

CONTRACTOR

(Signature)

David R. Johnson
(Printed Name)

President
(Title)

240

4.8 CERTIFICATION OF SITE EXAMINATION

Each bidder shall be fully informed of the conditions relating to the construction of the work and the employment of labor thereon. Failure to do so will not relieve Contractor of the obligation to furnish all material and labor necessary to carry out the provisions of the Contract Documents. Each bidder shall examine the site for the work described herein. Bidders shall attend a mandatory pre-bid meeting of the site conducted by the City. Failure to attend the mandatory pre-bid meeting shall be cause for rejection of the bid.

This is to certify that I have examined the site and the bid is complete and there will be no additional payment for failure to examine the site thoroughly.

7/22/2024
Major League Infields, Inc.

Date of Site Examination Bidder

David R. Johnson
Printed Name of Bidder Representative

Signature of Representative

7/24/2024
Date

241

4.9 INFORMATION TO COMPLY WITH LABOR CODE SEC. 2810

To comply with Labor Code Sec. 2810, Contractor shall complete and submit this Information Sheet which shall be incorporated into and be a part of the Contract:

1) Workers’ Compensation Insurance:

a. Policy Number: WSA 504570205

b. Name of Insurer (NOT Broker): ICW Group

c. Address of Insurer: 15025 Innovation Dr., San Diego, 92128-3455

d. Telephone Number of Insurer: 800.877.1111

2) For vehicles owned by Contractor and used in performing work under this Contract:

a. VIN (Vehicle Identification Number): 1FT8 W3CTBEC41115 & 1FTER4EH6LLA80229

b. Automobile Liability Insurance Policy Number: BA40000025174

c. Name of Insurer (NOT Broker): California Automobile Insurance Company

d. Address of Insurer 555 W. Imperial Hwy., Brea, CA 92821-4802

e. Telephone Number of Insurer: 800.503.3724

3) Address of Property used to house workers on this Contract, if any: N/A

4) Estimated total number of workers to be employed on this Contract: 3

5) Estimated total wages to be paid those workers: $40,000.00

6) Dates (or schedule) when those wages will be paid (Describe schedule: For example, weekly or every other week or monthly): Every other week

7) Estimated total number of independent contractors to be used on this Contract: 1

8) Contractor’s Taxpayer’s Identification Number: 46-1515324

242

4.10 IRAN CONTRACTING ACT of 2010 COMPLIANCE AFFIDAVIT
(Public Contract Code sections 2202-2208)

The California Legislature adopted the Iran Contracting Act of 2010 to respond to policies of Iran in a uniform fashion (PCC §2201(q)). The Iran Contracting Act prohibits bidders engaged in investment activities in Iran from bidding on, submitting proposals for, or entering into or renewing contracts with public entities for goods and services of one million dollars ($1,000,000) or more (PCC § 2203(a)). A bidder who “engages in investment activities in Iran” is defined as either:

1. A bidder providing goods or services of million dollars ($20,000,000) or more in the energy sector of Iran, including provision of oil or liquefied natural gas tankers, or products used to construct or maintain pipelines used to transport oil or liquefied natural gas, for the energy sector of Iran; or

2. A bidder that is a financial institution (as that term is defined in 50 U.S.C. § 1701) that extends twenty million dollars ($20,000,000) or more in credit to another person, for 45 days or more, if that person will use the credit to provide goods or servi ces in the energy sector in Iran and is identified on a list created by the California Department of General Services (DGS) pursuant to PCC § 2203(b) as a person engaging in the investment activities in Iran.

The bidder shall certify that at the time of submitting a bid for new contract or renewal of an existing contract, the bidder is not identified on the DGS list of ineligible businesses or persons and that the bidder is not engaged in investment activities in Iran in violation of the Iran Contracting Act of 2010.

California law establishes penalties for providing false certifications, including civil penalties equal to the greater of $250,000 or twice the amount of the contract for which the false certification was made; contract termination; and three-year ineligibility to bid on contracts (PCC § 2205).

To comply with the Iran Contracting Act of 2010, the bidder shall provide its vendor or financial institution informatino below:

OPTION #1 - CERTIFICATION
I, the official named below, certify I am duly authorized to execute this certification on behalf of the vendor/financial institution identified below, and the vendor/financial institution identified below is not on the current list of persons engaged in investment activities in Iran created by DGS and is not a financial institution extending twenty million dollars ($20,000,000) or more i n credit to another person/vendor, for 45 days or more, if that other person/vendor will use the credit to provide goods or services in the energy sector in Iran and is identified on the current list of persons engaged in investment activities in Iran created by DGS.

Vendor Name/Financial Institution (Printed)
Major League Infields Inc.

Federal ID Number (or n/a
46-1515324)
By (Authorized Signature)
Printed Name and Title of Person Signing President
Date Executed 7/24/2024 Executed in Las Vegas, Nevada

OPTION #2 – EXEMPTION
Pursuant to Public Contract Code sections 2203(c) and (d), a public entity may permit a vendor/financial institution engaged in investment activities in Iran, on a case-by-case basis, to be eligible for, or to bid on, submit a proposal for, or enters into or renews, a contract for goods and services.

If you have obtained an exemption from the certification requirement under the Iran Contracting Act, please fill out the information below, and attach documentation demonstrating the exemption approval.

Vendor Name/Financial Institution (Printed) Federal ID Number (or n/a) 243

By (Authorized Signature)
Printed Name and Title of Person Signing Date Executed

244

4.11 CERTIFICATION OF COMPLIANCE WITH BUY AMERICA PROVISION

Bidder certifies that bidder is in compliance with all applicable provisions of the Buy America Act. Purchases made in accordance with the Buy America Act must still follow the applicable procurement rules calling for free and open competition.

Major League Infields, Inc.

Bidder

David R. Johnson
Printed Name of Bidder Representative

Signature of Representative

7/24/2024
Date

245

4.12 STATEMENT BY BIDDER: QUALIFICATION AND EXPERIENCE STATEMENT (REFERENCES)

4.12 General Statement.

The following outline is a record of the undersigned Bidder's experience as specified in Section 1.5 above of this bid document. Include the location of each project as well as the name, address, and phone number of the owner, and name of individual to contact.

Subcontractors performing in excess of one half of one percent of the prime Contractor’s total bid shall provide a similar outline. Additional pages outlining this portion of the Bid may be attached. Failure to provide this statement may result in rejection of the bid by the City of Chino.

1. Owner's Name: City of Chino
Contact Person: Ted Bistarkey, Community Services Manager Phone: 909.334.346 Address of Owner: 13220 Central Ave., Chino, CA 91710
Project Description: Since 2017 we have performed the services for this contract. We have been doing similar work on the softball fields in the City of Chino since 2000.

Amount of Contract: ~$90,000/(including extra work) Completion Date: September 3, 2024

2. Owner's Name: City of Anaheim
Contact Person: Steve Ballard, Parks Services Superintendent Phone:714.862.3749 Address of Owner: 200 S. Anaheim Blvd., Anaheim, CA 92805 Project Description: Since 2014 we have provided Ball Field Maintenance services similar to the scope of work in this Bid.

We service every Sector in the City of Anaheim which includes 29 infields including their stadium Baseball Fields.

Amount of Contract: $378,000.00/year Completion Date: 2 Contracts are ongoing

3. Owner's Name: Los Angeles County Department of Parks and Recreation Contact Person: Miguel Vasquez Phone: 310.505.8168 Address of Owner: 1000 South Fremont Ave., Unit #40, Alhambra, CA 91803 Project Description: Dodgers Dream Fields Maintenance. We perform a comprehensive maintenance program on 13 Dodgers Dream Fields that we constructed for the Las Angeles Dodgers Foundation. The scope entails everything that’s in this current IFD as well as some infield turf maintenance.

Amount of Contract: $237,296.40/year Completion Date: Contract is ongoing

4. Owner's Name: City of Orange
Contact Person: Paul Miller, Parks Supervisor Phone: 714.532.6472 Address of Owner: 300 E. Chapman Ave., Orange, CA 92866 Project Description: Since 2016 we have performed a very similar scope of Ballfield Maintenance Services to the City Of Chino’s current IFB on four softball fields and one regulation baseball field.

Amount of Contract: ~$50,000.00/year Completion Date: Contract is ongoing

5. Owner's Name:

Contact Person: Phone:

Address of Owner:

Project Description:

Amount of Contract: Completion Date:

246

4.13 CONFLICT OF INTEREST STATEMENT

Provide a statement disclosing any past, ongoing or potential conflicts of interest that your firm, proposed staff, or any subcontractors may have as a result of performing this work.

If there is no conflict of interest then provide such statement in this section.

If there is a real or perceived conflict of interest that exists with the submission of a bid proposal, or would exist if the Bidder entered into an Agreement with the City of Chino in this bid, full details should be provided in this section. Detail a plan to manage the conflict of interest.

We do not have any potential or actual conflicts of interest because of performing this work. _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________

**End of Section 4**

247
Field Field Prep # of
Treatments Total Border
Edging
Water-
Blasting
Heavy Water, Deep
Scarify & Drag Total # of
Treatments Total Grand Total
Ayala #1^^ $40.00 52 $2,080.00 $25.00 $25.00 $50.00 $100.00 26 $2,600.00 $4,680.00 Ayala #2^^ $40.00 52 $2,080.00 $25.00 $25.00 $50.00 $100.00 26 $2,600.00 $4,680.00 Ayala #3** $40.00 104 $4,160.00 $25.00 $25.00 $50.00 $100.00 26 $2,600.00 $6,760.00 Ayala #4^^ $40.00 52 $2,080.00 $25.00 $25.00 $50.00 $100.00 26 $2,600.00 $4,680.00 Ayala #5* $60.00 52 $3,120.00 $50.00 $50.00 $60.00 $160.00 26 $4,160.00 $7,280.00 Ayala #6* $40.00 52 $2,080.00 $25.00 $25.00 $50.00 $100.00 26 $2,600.00 $4,680.00 Heritage 1* $60.00 52 $3,120.00 $44.00 $44.00 $60.00 $148.00 26 $3,848.00 $6,968.00 Heritage 2* $60.00 52 $3,120.00 $50.00 $50.00 $60.00 $160.00 26 $4,160.00 $7,280.00 Heritage 3* $40.00 52 $2,080.00 $25.00 $25.00 $50.00 $100.00 26 $2,600.00 $4,680.00 Mountain View 1* $40.00 52 $2,080.00 $25.00 $25.00 $50.00 $100.00 26 $2,600.00 $4,680.00 Mountain View 2* $40.00 52 $2,080.00 $25.00 $25.00 $50.00 $100.00 26 $2,600.00 $4,680.00 Villa Park** $40.00 104 $4,160.00 $25.00 $25.00 $50.00 $100.00 26 $2,600.00 $6,760.00 Total $32,240.00 Total $67,808.00
Grand Total
Note: Frequency subject to change based on scheduling
Note: This is a firm fixed price Agreement between City an Contractor to provide services, as set forth in Exhibit 1 - Scope of Work. Pricing shall be firm regardless of season throughout the full term of this Agreement.

Year 1
Field Maintenance Pricing
** = Year Round
Border, Blasting, Heavy Water, etc.

Year Round (Bi-weekly) / Day to be detetmined
^^ = January-June
* = July-December
Field Prep
Note: Based on the additional drags, fields will be
dragged 3 times every other week.
248
Field Field Prep # of
Treatments Total Border
Edging
Water-
Blasting
Heavy Water, Deep
Scarify & Drag Total # of
Treatments Total Grand Total
Ayala #1^^ $41.60 52 $2,163.20 $26.00 $26.00 $52.00 $104.00 26 $2,704.00 $4,867.20 Ayala #2^^ $41.60 52 $2,163.20 $26.00 $26.00 $52.00 $104.00 26 $2,704.00 $4,867.20 Ayala #3** $41.60 104 $4,326.40 $26.00 $26.00 $52.00 $104.00 26 $2,704.00 $7,030.40 Ayala #4^^ $41.60 52 $2,163.20 $26.00 $26.00 $52.00 $104.00 26 $2,704.00 $4,867.20 Ayala #5* $62.40 52 $3,244.80 $52.00 $52.00 $62.40 $166.40 26 $4,326.40 $7,571.20 Ayala #6* $41.60 52 $2,163.20 $26.00 $26.00 $52.00 $104.00 26 $2,704.00 $4,867.20 Heritage 1* $62.40 52 $3,244.80 $45.76 $45.76 $62.40 $153.92 26 $4,001.92 $7,246.72 Heritage 2* $62.40 52 $3,244.80 $52.00 $52.00 $62.40 $166.40 26 $4,326.40 $7,571.20 Heritage 3* $41.60 52 $2,163.20 $26.00 $26.00 $52.00 $104.00 26 $2,704.00 $4,867.20 Mountain View 1* $41.60 52 $2,163.20 $26.00 $26.00 $52.00 $104.00 26 $2,704.00 $4,867.20 Mountain View 2* $41.60 52 $2,163.20 $26.00 $26.00 $52.00 $104.00 26 $2,704.00 $4,867.20 Villa Park** $41.60 104 $4,326.40 $26.00 $26.00 $52.00 $104.00 26 $2,704.00 $7,030.40 Total $33,529.60 Total $70,520.32
Grand Total
Note: Frequency subject to change based on scheduling
Note: This is a firm fixed price Agreement between City an Contractor to provide services, as set forth in Exhibit 1 - Scope of Work. Pricing shall be firm regardless of season throughout the full term of this Agreement. ^^ = January-June Note: Based on the additional drags, fields will be dragged 3 times every other week.** = Year Round
Year 2
Field Maintenance Pricing
Field Prep Border, Blasting, Heavy Water, etc.
* = July-December Year Round (Bi-weekly) / Day to be detetmined 249
Field Field Prep # of
Treatments Total Border
Edging
Water-
Blasting
Heavy Water, Deep
Scarify & Drag Total # of
Treatments Total Grand Total
Ayala #1^^ $43.26 52 $2,249.52 $27.04 $27.04 $54.08 $108.16 26 $2,812.16 $5,061.68 Ayala #2^^ $43.26 52 $2,249.52 $27.04 $27.04 $54.08 $108.16 26 $2,812.16 $5,061.68 Ayala #3** $43.26 104 $4,499.04 $27.04 $27.04 $54.08 $108.16 26 $2,812.16 $7,311.20 Ayala #4^^ $43.26 52 $2,249.52 $27.04 $27.04 $54.08 $108.16 26 $2,812.16 $5,061.68 Ayala #5* $64.90 52 $3,374.80 $54.08 $54.08 $64.90 $173.06 26 $4,499.56 $7,874.36 Ayala #6* $43.26 52 $2,249.52 $27.04 $27.04 $54.08 $108.16 26 $2,812.16 $5,061.68 Heritage 1* $64.90 52 $3,374.80 $47.59 $47.59 $64.90 $160.08 26 $4,162.08 $7,536.88 Heritage 2* $64.90 52 $3,374.80 $54.08 $54.08 $64.90 $173.06 26 $4,499.56 $7,874.36 Heritage 3* $43.26 52 $2,249.52 $27.04 $27.04 $54.08 $108.16 26 $2,812.16 $5,061.68 Mountain View 1* $43.26 52 $2,249.52 $27.04 $27.04 $54.08 $108.16 26 $2,812.16 $5,061.68 Mountain View 2* $43.26 52 $2,249.52 $27.04 $27.04 $54.08 $108.16 26 $2,812.16 $5,061.68 Villa Park** $43.26 104 $4,499.04 $27.04 $27.04 $54.08 $108.16 26 $2,812.16 $7,311.20 Total $34,869.12 Total $73,339.76
Grand Total
Note: Frequency subject to change based on scheduling
Note: This is a firm fixed price Agreement between City an Contractor to provide services, as set forth in Exhibit 1 - Scope of Work. Pricing shall be firm regardless of season throughout the full term of this Agreement. ^^ = January-June Note: Based on the additional drags, fields will be dragged 3 times every other week.** = Year Round
Year 3
Field Maintenance Pricing
Field Prep Border, Blasting, Heavy Water, etc.
* = July-December Year Round (Bi-weekly) / Day to be detetmined 250
Field Field Prep # of
Treatments Total Border
Edging
Water-
Blasting
Heavy Water, Deep
Scarify & Drag Total # of
Treatments Total Grand Total
Ayala #1^^ $44.99 52 $2,339.48 $28.12 $28.12 $56.24 $112.48 26 $2,924.48 $5,263.96 Ayala #2^^ $44.99 52 $2,339.48 $28.12 $28.12 $56.24 $112.48 26 $2,924.48 $5,263.96 Ayala #3** $44.99 104 $4,678.96 $28.12 $28.12 $56.24 $112.48 26 $2,924.48 $7,603.44 Ayala #4^^ $44.99 52 $2,339.48 $28.12 $28.12 $56.24 $112.48 26 $2,924.48 $5,263.96 Ayala #5* $67.50 52 $3,510.00 $56.24 $56.24 $67.50 $179.98 26 $4,679.48 $8,189.48 Ayala #6* $44.99 52 $2,339.48 $28.12 $28.12 $56.24 $112.48 26 $2,924.48 $5,263.96 Heritage 1* $67.50 52 $3,510.00 $49.49 $49.49 $67.50 $166.48 26 $4,328.48 $7,838.48 Heritage 2* $67.50 52 $3,510.00 $56.24 $56.24 $67.50 $179.98 26 $4,679.48 $8,189.48 Heritage 3* $44.99 52 $2,339.48 $28.12 $28.12 $56.24 $112.48 26 $2,924.48 $5,263.96 Mountain View 1* $44.99 52 $2,339.48 $28.12 $28.12 $56.24 $112.48 26 $2,924.48 $5,263.96 Mountain View 2* $44.99 52 $2,339.48 $28.12 $28.12 $56.24 $112.48 26 $2,924.48 $5,263.96 Villa Park** $44.99 104 $4,678.96 $28.12 $28.12 $56.24 $112.48 26 $2,924.48 $7,603.44 Total $36,264.28 Total $76,272.04
Grand Total
Note: Frequency subject to change based on scheduling
Note: This is a firm fixed price Agreement between City an Contractor to provide services, as set forth in Exhibit 1 - Scope of Work. Pricing shall be firm regardless of season throughout the full term of this Agreement. ^^ = January-June Note: Based on the additional drags, fields will be dragged 3 times every other week.** = Year Round
Year 4
Field Maintenance Pricing
Field Prep Border, Blasting, Heavy Water, etc.
* = July-December Year Round (Bi-weekly) / Day to be detetmined 251
Field Field Prep # of
Treatments Total Border
Edging
Water-
Blasting
Heavy Water, Deep
Scarify & Drag Total # of
Treatments Total Grand Total
Ayala #1^^ $46.79 52 $2,433.08 $29.24 $29.24 $58.49 $116.97 26 $3,041.22 $5,474.30 Ayala #2^^ $46.79 52 $2,433.08 $29.24 $29.24 $58.49 $116.97 26 $3,041.22 $5,474.30 Ayala #3** $46.79 104 $4,866.16 $29.24 $29.24 $58.49 $116.97 26 $3,041.22 $7,907.38 Ayala #4^^ $46.79 52 $2,433.08 $29.24 $29.24 $58.49 $116.97 26 $3,041.22 $5,474.30 Ayala #5* $70.20 52 $3,650.40 $58.49 $58.49 $70.20 $187.18 26 $4,866.68 $8,517.08 Ayala #6* $46.79 52 $2,433.08 $29.24 $29.24 $58.49 $116.97 26 $3,041.22 $5,474.30 Heritage 1* $70.20 52 $3,650.40 $51.47 $51.47 $70.20 $173.14 26 $4,501.64 $8,152.04 Heritage 2* $70.20 52 $3,650.40 $58.49 $58.49 $70.20 $187.18 26 $4,866.68 $8,517.08 Heritage 3* $46.79 52 $2,433.08 $29.24 $29.24 $58.49 $116.97 26 $3,041.22 $5,474.30 Mountain View 1* $46.79 52 $2,433.08 $29.24 $29.24 $58.49 $116.97 26 $3,041.22 $5,474.30 Mountain View 2* $46.79 52 $2,433.08 $29.24 $29.24 $58.49 $116.97 26 $3,041.22 $5,474.30 Villa Park** $46.79 104 $4,866.16 $29.24 $29.24 $58.49 $116.97 26 $3,041.22 $7,907.38 Total $37,715.08 Total $79,321.06
Grand Total
Note: Frequency subject to change based on scheduling
Note: This is a firm fixed price Agreement between City an Contractor to provide services, as set forth in Exhibit 1 - Scope of Work. Pricing shall be firm regardless of season throughout the full term of this Agreement. ^^ = January-June Note: Based on the additional drags, fields will be dragged 3 times every other week.** = Year Round
Year 5
Field Maintenance Pricing
Field Prep Border, Blasting, Heavy Water, etc.
* = July-December Year Round (Bi-weekly) / Day to be detetmined 252
253

MEMORANDUM

CITY OF CHINO

HUMAN RESOURCES DEPARTMENT

CITY COUNCIL MEETING DATE: SEPTEMBER 3, 2024

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

MANAGEMENT

SUBJECT
..titl e
Vendor Cap Increase - Lincoln Financial Group.
..end

RECOMMENDATION
Authorize a total vendor cap of $76,000 retroactively for FY 23/24 and authorize the City Manager to execute all necessary documents on behalf of the City. ..body

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

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

Revenue: Click or tap here to enter text.

Expenditure: 6305010 - 43535
Transfer In: Click or tap here to enter text. Transfer Out: Click or tap here to enter text. 254
CITY COUNCIL MEETING DATE: SEPTEMBER 3, 2024
TITLE: VENDOR CAP INCREASE - LINCOLN FINANCIAL GROUP.

PAGE: 2

BACKGROUND
The City of Chino contracted with Lincoln Financial Group (Lincoln) for FY 23/24 to provide disability benefits and leave management services. This partnership has benefitted the City greatly by providing a dedicated point of contact for all disability benefits and leave management services. Previously, City staff would manage the disability leave process, including numerous , varied interactions with employees and employees’ physicians to obtain information and updates to qualify for an employee’s leave. Now, Lincoln handles the entire process from start to finish, including any wavering interactions and issuing disability leave payments directly to employees. This has saved the City countless h ours and resources and has standardized approval procedures, resulting in an overall improved leave management process.

ISSUES/ANALYSIS
The initial requisition with Lincoln was established at $50,000 , and the vendor cap was quickly met by April 2024. This is due to a higher number of employees off work on leaves of absence than initially anticipated . Since the costs exceeded the vendor cap , payments for services rendered in FY 23/24 are still pending.

Therefore, staff is requesting that the City Council approve a $76,000 vendor cap increase for Lincoln. This request is being made retroactively for FY 23/24. City Council authorization is required as the vendor cap exceeds $50,000.

255

MEMORANDUM

CITY OF CHINO

POLICE DEPARTMENT

CITY COUNCIL MEETING DATE: SEPTEMBER 3, 2024

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

SUBJECT
..titl e
Law Enforcement Services Agreement - Chino Valley Unified School District (CVUSD) for School Resource Officers.
..end

RECOMMENDATION
1) Approve the Law Enforcement Services agreement effective retroactive to July 1, 2024 between the Chino Valley Unified School District (CVUSD) and the City of Chino for services for five (5) full -time School Resource Officers assigned to Chino High School, Don Lugo High School, and Buena Vista High School, the Junior High schools, a D.A.R.E. officer, and one (1) Sergeant; 2) increase the current revenue appropriation by $558,030.69 to an adjusted amount of $969,432.69; and 3) authorize the City Manager to execute all necessary documents on behalf of the City.

..body

FISCAL IMPACT
Increase the FY 2024-25 Mid-Term Budget School Resource budget to a not-to-exceed amount of $969,432.69, per the agreement with the Chino Valley Unified School District.

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
 Public Service Excellence through Internal and External Partnerships

Revenue: 1004280-57050

Expenditure:

Transfer In: Click or tap here to enter text. Transfer Out: Click or tap here to enter text. 256
CITY COUNCIL MEETING DATE: SEPTEMBER 3, 2024
TITLE: LAW ENFORCEMENT SERVICES AGREEMENT - CHINO VALLEY UNIFIED SCHOOL DISTRICT (CVUSD) FOR SCHOOL RESOURCE OFFICERS.

PAGE: 2

BACKGROUND
The School Resource Officer (SRO) program was established in 1993. At that time, two Police Officers were assigned to the high schools with one at Don Lugo High School and other at Chino High School. In 2014, an additional Police Officer was assigned to Buena Vista High School. In 2023, a Police Officer was added to provide services to implement the Drug Abuse Resistance Education, or D.A.R.E. program, in the elementary schools. In FY 24 -25, the City Council and the CVUSD agreed to add a fourth SRO to ser ve the Junior High campuses and a dedicated sergeant to supervise the SRO program.

The SROs provide the schools with a law enforcement presence on campus and function as a critical link between students, parents, educators, and police. The SROs’ presence at the City’s high school campuses enhances the Police Department’s efficiency by reducing the incidence of crime and decreasing the need to dispatch other patrol first responders to the campuses.

The SRO program is managed and supervised by the Criminal Investigations Bureau.

ISSUES/ANALYSIS
The City’s adopted FY 24 -25 budget reflected four (4) Police Officers and one (1) Sergeant.

The final contract with the Chino Valley Unified School District added one (1) Police Officer to be assigned to the Junior High schools, for a total of five (5) Police Officers, therefore increasing the anticipated revenue.

The agreement is effective for the FY 2024-25 school year, from July 1, 2024, through June 30, 2025. Staff recommends that the City Council authorize continuing this agreement with the Chino Valley Unified School District.

This agreement was approved by the CVUSD Board of Directors at their July 18, 2024, meeting.

Attachment: SRO Agreement FY 24-25

257
258
259
260

MEMORANDUM

CITY OF CHINO

PUBLIC WORKS DEPARTMENT

CITY COUNCIL MEETING DATE: SEPTEMBER 3, 2024

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

SUBJECT
..titl e
Professional Services Agreement - Transtech Engineers, Inc. ..end

RECOMMENDATION
Award a Professional Services Agreement to Transtech Engineers, Inc., Chino, CA, for $350,025 for Project Management Services for the State Street Water Treatment Plant Project (WA212) and the Well 17 Equipping Project (WA214); and authorize the City Manager to execute the necessary documents on behalf of the City.
..body

FISCAL IMPACT
Sufficient funds are included in the Fiscal Year 2024 -2025 Capital Improvement Program budget for Projects Nos. WA212 and WA214. The appropriations and budget allocations are summarized below:

Project Fund Adopted Budget Expenditures/
Encumbrances
Available
Budget
WA212 Water Fund – 520 $19,036,553.00 $2,994,270.56 $16,042,282.44 WA214 Water Fund – 520 $5,810,000.00 $984,891.25 $4,825,108.75

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
 Financial Stability
 Responsible Long-Range Planning

Revenue: Click or tap here to enter text.

Expenditure: 5207310 – 48007 – WA212
5207310 – 48007 – WA214
Transfer In: Click or tap here to enter text. Transfer Out: Click or tap here to enter text. 261
CITY COUNCIL MEETING DATE: SEPTEMBER 3, 2024
TITLE: PROFESSIONAL SERVICES AGREEMENT - TRANSTECH ENGINEERS, INC.

PAGE: 2

BACKGROUND
The City of Chino encompasses approximately 30 square miles, with a water service area of 29 square miles. The City water service area serves a population of about 84,560 and primarily follows the City boundary. Groundwater from the Chino Basin is produced by groundwater we lls owned and operated by the City, and the wells constitute approximately half of the City’s water supply. Currently, the City owns fifteen (15) groundwater wells with two of the City’s wells, Wells 12 and 14, that have been inactive for some time due to being impacted from contamination.

Well 17 was drilled but never equipped and has not been utilized by the City. The proposed projects will increase the City’s access and restore the groundwater wells utilization, which will provide a key local water resource to support the City’s growing population and water demand.

The State Street Water Treatment Facility (WA212) is located at Benson Avenue and State Street in the City of Montclair and is a new centralized treatment project that will treat Wells 12 and 14 for nitrate, perchlorate, and 1,2,3 -trichloropropane (1,2,3-TCP) as these contaminants have been detected at concentrations above the Maximum Contaminant Levels (MCLs) set by the State of California Water Resources Control Board Division of Drinking Wate r (DDW). The Well 17 Equipping Project (WA214) includes equipping an existing drilled well with pumps, motors, and appurtenances to serve as a supply source and will be treated at the newly completed Eastside Water Treatment Facility expansion. Both design s are completed and will be posted for a notice for construction bids.

On March 2, 2021, Council approved an agreement for Design Professional Services in the amount of $1,697,244 with Hazen and Sawyer for the design of the State Street Water Treatment Fac ility. On January 15, 2019, the City Council awarded a Design Professional Services Agreement to Hazen and Sawyer to design the Eastside Water Treatment Facility expansion and the brine disposal pipeline. Hazen and Sawyer have completed the work and services originally planned for the expansion and through additional amendments have been authorized to modify the scope of work to provide subsequent designs for Well 17 to pump groundwater supply and incorporate the treatment options to the EWTF.

On April 2, 2 024, Council approved an agreement for Construction Management, Testing and Inspection Services in the amount of $2,172,358 with Butier Engineering, Inc. for the State Street Water Treatment Plant Project (WA212) and the Well 17 Equipping Project (WA214).

Due to the scale and complexity of the projects, the City needs an experienced Project Management firm to handle the two design contracts and construction management contract to augment City staff ability to conduct day-to-day oversight.

ISSUES/ANALYSIS
On June 6 , 2024, staff solicited an informal Request for Proposals (RFP) from the on -call consultant list to Four (4) firms for Project Management Services. On June 19, 2024, the City received one (1) responsive proposal which was evaluated and ranked by the following criteria:
 Experience/qualifications
 Past performance/references
 Plan methodology/project approach
 Quality of responsiveness of proposal
 Cost evaluation
Staff selected the proposed consultant within the guidelines of the State of California Government Code and the City’s Purchasing Ordinance. The final ranking of the firms is shown below.
262
CITY COUNCIL MEETING DATE: SEPTEMBER 3, 2024
TITLE: PROFESSIONAL SERVICES AGREEMENT - TRANSTECH ENGINEERS, INC.

PAGE: 3

Rank Consultant Result

1. Transtech Engineers, Inc. Submitted
N/A HR Green Pacific, Inc. Declined to propose
N/A Anser Advisory Management, LLC Non-responsive
N/A Willdan Engineering Non-responsive

The breakdown of the total program management is shown in the Table below:

PROJECT TASK AMOUNT
Project Management for WA212 $244,725.00
Project Management for WA214 $105,300.00
CONTRACT TOTAL $350,025.00

Staff recommends that the City Council award a Professional Services Agreement for $350,025 to Transtech Engineers, Inc., Chino, CA for Project Management Services for the State Street Water Treatment Plant Project (WA212) and the Well 17 Equipping Project (WA214).

Attachments: Exhibit A – WA212 Location Map
Exhibit A1 – WA214 Location Map
Exhibit B – PSA Transtech Engineers

263
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V E R N O N A V E .V E R N O N A V E .

S B E N S O N A V E .S B E N S O N A V E .

C E N T R A L A V E .C E N T R A L A V E .

H O W A R D S T .H O W A R D S T .

M I S S I O N B L V D .M I S S I O N B L V D .

P H I L L I P S B L V D .P H I L L I P S B L V D .

W S T A T E S T .W S T A T E S T .

Ontario
Existing Utility
Legend
City Boundaries
Chino
Montclair
264

SCHAEFER AVE

EUCLID AVE

BON VIEW AVE
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265
Project Name/No.: Project Management Services Contract No.: ______________ WA212 and WA214
Project Manager: PW/ N. Ávila Approved: ______________

01225.0001/863604.2 (Long Form)

AGREEMENT FOR SERVICES

BETWEEN THE CITY OF CHINO AND
TRANSTECH ENGINEERS, INC.

THIS AGREEMENT FOR SERVICES (herein “Agreement”) is made and entered into this 3rd day of September, 2024 (“Effective Date”) by and between the City of Chino, a California municipal corporation ( “City”) and TRANSTECH ENGINEERS, INC. , a California Corporation (“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 all services described herein. Consultant covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be both of good quality as well as fit for the purpose intended. For purposes of this Agreement, the phrase “highest 266
01225.0001/863604.2 2
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, 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 Rel ations (“DIR”) . Consultant shall post job site notices, as prescribed by regulation.
(b) Prevailing Wages . Consultant 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, Consultant acknowledges receipt of a copy of the DIR determination of the prevailing rate of per diem wages, and Consultant shall post a copy of the same at each job site where work is performed under this Agreement.
(c) Penalty for Failure to Pay Prevailing Wages. Consultant shall comply with and be bound by the provisions of 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 Consultant shall, as a penalty to the City, forfeit two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Consultant or by any subcontractor.
267
01225.0001/863604.2 3
(d) Payroll Records . Consultant shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Consultant and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjur y, 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. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 , and 1777.7 and California Code of Regulations T itle 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Consultant shall be responsible for compliance with these aforementioned Section s for all apprenticeable occupations. Prior to commencing work under this Agreement, Consultant 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, Consultant 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. Consultant acknowledges that eight (8) hours labor constitutes a legal day's work. Consultant shall comply with and be bound by Labor Code Section 1810.
(g) Penalties for Excess Hours. Consultant shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work exce ss hours. The Consultant shall, as a penalty to the City, forfeit twenty -five dollars ($25) for each worker employed in the performance of this Agreement by the Consultant or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code section 1815, work perf ormed by employees of Consultant in excess of eight (8) hours per day, and forty (40) hours during any one week shall be permitted upon public work upon 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, Consultant 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 t o 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.”
(i) Consultant’s Responsibility for Subcontractors. For every subcontractor who will perform work under this Agreement, Consultant 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 268
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any subcontractor for work under this Agreement. Consultant 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. Consultant shall diligently take corrective action to halt or rectify any such failure by any subcontractor.

1.5 Licenses, Permits, Fees and Assessments.

Consultant shall obtain 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 from or are n ecessary 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 s ervices 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 fully functional, with such infrastructure, equipment, computer system and software of the City. Consultant acknowledges that the City is relying on the representation by Consultant as a material consideration in entering into this Agreement.

1.8 Care of Work.

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 o f the work by City, except such losses or damages as may be caused by City’s own negligence.
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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 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 Counc il 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 va lid 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 Consultant the amounts specified in the “Schedule of Compensation ” attached hereto as Exhibit “C” and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed Three Hundred Fifty Thousand Twenty -Five Dollars and Zero Cents ($350,025.00) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.10.

2.2 Method of Compensation.
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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 rat es 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 subc ontractor expenses of an approved subcontractor pursuant to Section 4.5, and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Consultant at all project meetings reasonably deemed necessary by the City.

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

2.4 Invoices.

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

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

All invoices shall be submitted by email to [email protected]. Each invoice is to include:
(a) Line items for all personnel describing the work performed, the number of hours worked, and the hourly rate.
(b) Line items for all materials and equipment properly charged to the Services. (c) Line items for all other approved reimbursable 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 p revailing 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 271
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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 provisi ons 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 services hereunder in the budget approved by Chino City Council f or 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.

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

3.3 Force Majeure.

The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to 272
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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 governmenta l 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 “D”). This Agreement may be renewed by a written amendment for up to an additional (2) two (1) one year terms 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:

Azita Fakoorbayat, P.E Senior Engineer
(Name) (Title)

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

Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the foregoing Principals may not be replaced nor may their responsibilities be substantially reduced by Consultant without the express written approval of City. Additionally, Consultant shall utilize only competent personnel to perform services pursuant to this A greement. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and 273
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subcontractors, if any, assigned to perform the services required under this Agreement. Consultant shall notify City of any changes i n 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 Natalie Ávila, Associate Engineer, or any other person as may be designated by the Project Manager. It shall be the Consultant’s responsibility to assure that the Project Manager is kept informed of the progress of the performance of the services and the Consultant shall refer any decisions 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 wri ting 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 agent s, 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 a s 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 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, h ypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, 274
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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 Consultant or any surety of Consultant of any liability hereunder without the express consent of City.

ARTICLE 5. INSURANCE AND INDEMNIFICATION

5.1 Insurance Coverages.

Without limiting Consultant’s indemnification of City, and prior to commencement of any services under this Agreement, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City.
(a) General liability insurance . Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 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 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 . Consultan t 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. (d) Workers’ compensation insurance . Con sultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).
(e) Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furn ish 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.
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(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. City reserves the right to require complete, certified copies of all required insurance p olicies, at any time.
(b) Duration of coverage . Consultant shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Consultant, its agents, representatives, employees or subconsultants. (c) Primary/noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a 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 s hall 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 Consultant o r City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (e) Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or that is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A - (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.
(f) Waiver of subrogation . All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation 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 waive their right of recovery prior to a loss. Consult ant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(g) Enforcement of contract p rovisions (non -estoppel). Consultant acknowledges and agrees tha t 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.
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(h) Requirements not limiting . Requirements of specifi c 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 purpos es of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown abov e, 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 ca ncellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
(j) Additional insured status . General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
(k) Prohibition of undisclosed coverage 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 the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assum es 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 additional 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. 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.
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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 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 Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Consultant is legally liable (“indemnitors”), or arising from Consultant’s or indemnitors’ reckless or willful misconduct, or arising from Consultant’s or indemnitors’ negligent performance of or failure to perform a ny term, provision, covenant or condition of this Agreement, 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 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 expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limit ed to, legal costs and attorneys ’ fees.

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 c ompliance 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 Consultant in the performance of professio nal services hereunder. The provisions of this Section do not apply to claims or liabilities occurring as 278
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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 re sulting 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 Consultant and shall survive termination of this Agreement.

ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION

6.1 Records.

Consultant shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (the “books and record s”), 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 Consultant’s business, custody of the books and records may be given to City, and access shall be provided by Consultant’s successor in interest. Notwithstanding the above, the Consultant shall fully 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 th e 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 proje ct being designed, Consultant shall promptly notify the Project Manager of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed.

6.3 Ownership of Documents.

All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “documents and materials”) prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Project Manager or upon the termination of this Agreement, and Consultant shall have no claim for further 279
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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 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 eve nt Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom. Moreover, Consultant with respect to any documents and materials that may qualify as “works made for hire ” as defined in 17 U.S.C. § 101, su ch documents and materials are hereby deemed “works made for hire” for the City.

6.4 Confidentiality and Release of Information.
(a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Project Manager.
(b) Consultant, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Project Manager or unless requested by the City 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 admiss ions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION

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

7.2 Disputes; Default.

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

This 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.

7.3 Retention of Funds.

Consultant hereby authorizes City to deduct from any amount payable to Consultant (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which 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 Consultant’s acts or omissions in performing or failing to perform Consultant’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold 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 Consultant to insure, indemnify, and protect City as elsewhere provided herein.

7.4 Waiver.

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

Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. 281
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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 t o 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, 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.

7.7 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 Consultant 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 Consultant any accrued liquidated damages.

7.8 Termination Prior to Expiration of Term.

This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Contract at any time, with or without cause, upon thirty (30) days ’ written notice to Consultant, except that where termination is due to the fault of the Consultant, the period of notice may be such shorter time as may be determined by the Project Manager . In addition, the Consultant reserves the right to terminate this Contract at any time, with or without cause, upon sixty (60) days’ written notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Consultant may determine. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Project Manager . Except where the Consultant has initiated termination, the Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Project Manager thereafter in accordance with the Schedule of Compensation or such as may be approved by the Project Manager , except as provided in Section 7.3. In the event the Consultant has initiated termination, the Consultant shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to 282
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this Section, the terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2.

7.9 Termination for Default of Consultant.

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

7.10 Attorneys’ Fees.

If either party to this A greement 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 equit able, 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 serv ices 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 sub contractor 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, d irect 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, 283
01225.0001/863604.2 19
partnership or association in which (s)he is, directly or indirectly, interested, in violation of any State statute or regulation. The Consultant warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.

8.3 Covenant Against Discrimination.

Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on accou nt of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that 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 notif ying 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 A greement 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. 284
01225.0001/863604.2 20

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 in which (s)he is directly o r 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 Agree ment 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 285
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Agreement on behalf of said party, (iii) by so executing this Agreeme nt, 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]
286
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.

CITY:

CITY OF CHINO, a municipal corporation

Linda Reich, City Manager
ATTEST:

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

ALESHIRE & WYNDER, LLP
_____________________________ _____________________________

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

CONSULTANT:

Transtech Engineers, Inc.

By:

Name:

Title:

By:

Name:

Title:

Address: 13367 Benson Ave
Chino, CA 91710

Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. 287

01225.0001/863604.2 A-1
EXHIBIT “A”

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

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

288

01225.0001/863604.2 A-2
EXHIBIT “A-1”
PHASE 1 – DESIGN

Task 1 –Project Control
Consultant shall provide services including, but not limited to, the following:

1.1 Maintain Document Control and information system compatible with City’s Windows-based operating and application system requirements

1.2 Collect and Review Data

1.3 Provide all electronic submittals in conformity with City’s information system requirements

1.4 Track and maintain correspondence in progress of CONSULTANT task

1.5 Contract Administration including negotiations with CONSULTANT for change orders amen dments

Task 2 – United States Bureau of Reclamation (USBR) WaterSmart Grant Reporting [WA212 Only] This work consists of preparing reports per requirements for grant.

2.1 Collect and Review Data

2.2 Prepare correspondence to USBR

2.3 Preparation of Progress Semi-Annual Report including photograph documentation

2.4 Preparation of Final Project Report including photograph documentation

2.5 Assistance with Federal financial agreement amendments

Task 3 – Meetings
Consultants shall attend mee tings with City personnel to obtain additional input and to review the expectations of work. If needed, Consultant is to provide meeting agenda and minutes at each meeting.

Coordination with utility companies may require additional meetings.

Task 4 – Drinking Water State Revolving Fund (DWSRF) Reporting [WA212 Only] This work consists of preparing reports per requirements for loan.

2.1 Collect and Review Data

2.2 Prepare correspondence to State

2.3 Preparation of Progress Quarterly Report including photograph documentation

2.4 Preparation of Final Project Report including photograph documentation

2.5 Assistance with State financial agreement amendments

PHASE 2 – CONSTRUCTION

Task 5 – Construction Management Coordination
Consultant shall coordinate with firm performing construction management services. The construction manager, who shall bear overall responsibility for all construction management and inspection services and who shall report directly to the CITY Program Manager. The Consultant will be responsible for the review of the construction management invoices and obtaining progress reports as necessary for the duration of the project.

289

01225.0001/863604.2 B-1
EXHIBIT “B”

SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)

290

01225.0001/863604.2 C-1
EXHIBIT “C”

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

II. Within the budgeted amounts for each Task, and with the 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 Consultant 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.
291

01225.0001/863604.2 C-2
EXHIBIT “C-1”

FEE PROPOSAL
State Street Water Treatment Project
CIP No. WA212
Subtasks
Classification
Sr. Project
Manager
Av. Hrly Rate
$195
Total
Hours Total Fee
Phase I:

Design
Design
Estimated
Duration
75 Workdays
Task 1 –Project Control 75 75 $14,625
Task 2 – United States Bureau of
Reclamation (USBR) WaterSmart
Grant Reporting
100 100 $19,500
Task 3 – Meetings 60 60 $11,700
Task 4 – Drinking Water State
Revolving Fund (DWSRF) Reporting
100 100 $19,500
Phase II:

Construction
Construction
Estimated
Duration
460
Workdays
Task 5 - Construction Management
Coordination
920 920 $179,400
Total Hours 1,255 1,255
Total Estimated Budget $244,725
Above level of effort, durations and staff classifications and their hourly rates are average, and may be adjusted/re- allocated between staff and tasks as necessary depending on actual work progress and needs.

The estimated budget is based on the preliminary schedule prepared on the previous section. The above budget includes 380 working days of construction including material procurement, as well as, project bid package advertisement, contract award, preconstruction, construction, and project closeout phases.

FEE PROPOSAL
Well 17 Equipping Project
CIP No. WA214
Subtasks
Classification
Sr. Project
Manager
Av. Hrly Rate
$195
Total
Hours Total Fee
Phase I:

Design
Design
Estimated
Duration
75 Workdays
Task 1 –Project Control 75 75 $14,625
Task 2 – Not Applicable 0 0 $0
Task 3 – Meetings 60 60 $11,700
Task 4 – Not Applicable 0 0 $0
Phase II:

Construction
Construction
Estimated
Duration
405
Workdays
Task 5 - Construction Management
Coordination
405 405 $78,975
Total Hours 540 540
Total Estimated Budget $105,300
Above level of effort, durations and staff classifications and their hourly rates are average, and may be adjusted/re- allocated between staff and tasks as necessary depending on actual work progress and needs.

The estimated budget is based on the preliminary schedule prepared on the previous section. The above budget includes 325 working days of construction including material procurement, as well as, project bid package advertisement, contract award, preconstruction, construction, and project closeout phases.

292

01225.0001/863604.2 D-1
EXHIBIT “D”

SCHEDULE OF PERFORMANCE
I. Consultant shall perform all services and deliver all work products timely in accordance with the schedule attached hereto as Exhibit “D-1”.

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

293

01225.0001/863604.2 D-2
EXHIBIT “D-1”

SCHEDULE
WA212 Preliminary Schedule:

294

01225.0001/863604.2 D-3
WA214 Preliminary Schedule:

295

MEMORANDUM

CITY OF CHINO

DEVELOPMENT SERVICES DEPARTMENT

CITY COUNCIL MEETING DATE: SEPTEMBER 3, 2024

TO: MAYOR AND CITY COUNCIL MEMBERS, CITY OF CHINO
FROM: WARREN MORELION, AICP, DIRECTOR OF DEVELOPMENT SERVICES

SUBJECT
..titl e
Appeal of PL24-0018 (Administrative Approval).
..end

RECOMMENDATION
..recommendation
Adopt Resolution 2024-041, denying the appeal and thereby upholding the approval of PL24-0018 (Administrative Approval), based upon the findings and subject to the departmental conditions of approval.
..body

FISCAL IMPACT
Approval of the project could result in potential sales tax revenues from the ability to maintain store operations in the case of a power outage.

Revenue:

Expenditure:

Transfer In: Transfer Out:
296
CITY COUNCIL MEETING DATE: SEPTEMBER 3, 2024
TITLE: APPEAL OF PL24-0018 (ADMINISTRATIVE APPROVAL).

PAGE: 2

BACKGROUND
O’Reilly Auto Parts is located within the existing Big Lots commercial center at 12516 Central Avenue. On February 13, 2024, PL24 -0018 (Administrative Approval) was submitted on behalf of O’Reilly Auto Parts for exterior modifications of an existing vacan t commercial space, which includes the removal of a chain link enclosure and the addition of an emergency generator in conjunction with the expansion of the O’Reilly Auto Parts store into the adjacent tenant space to the south. O’Reilly Auto Parts wants to expand in order to utilize the Chino location as a larger “hub” store. This is a new concept for O’Reilly Auto Parts and as a part of the business expansion, emergency generators will be a standard for their larger stores. As part of the Administrative Approval (AA) application process, a 10-day public notice was mailed to adjacent property owners around the site on March 14, 2024. At that time, no concerns were expressed regarding the installation of the proposed emergency generator. As a result, the AA application was approved by the Director of Development Services on March 25, 2024.

After the application was approved, staff received a call from Bryan Angeles, a resident in the adjacent condominium complex to the west of the O’Reilly Auto Parts store. Mr. Angeles stated he has concerns with the existing nighttime noise coming from the commercial center, and with the potential noise from the proposed generator. Staff met with Mr. Angeles at the project site on April 4, 2024, to discuss his concerns, whi ch were generally caused by noise from deliveries to other tenants within the shopping center during nighttime hours. Staff committed to talking to the other tenants in commercial center about reducing after hour delivers, and to working with O’Reilly Aut o Parts on additional design solutions to mitigate the potential noise from the proposed emergency generator that included relocating the generator further away from the condominium development, increasing the height of the block wall enclosure around the emergency generator, and looking into other mechanisms to further mitigate potential noise that could come from the emergency generator. Mr. Angeles appreciated the meeting but proceeded in submitting an appeal to the approval of the AA application within the 10-day appeal period on April 4, 2024, requesting the approval of the emergency generator be overturned by the Planning Commission. On June 19, 2024, the appeal was presented to the Planning Commission and the Planning Commission unanimously voted to d eny the appeal and uphold approval of the AA application. The Planning Commission staff report packet has been attached as Exhibit A for reference.

Following the Planning Commission hearing, Mr. Angeles submitted an appeal of the Planning Commission’s decision on June 28, 2024, requesting the City Council deny the request for an emergency generator based on the applicant not providing a site-specific noise analysis. The appeal application is provided as Exhibit B.

Planning Commission Appeal
As previously mentioned, Mr. Angeles verbally told staff at a site visit that noise emitted from the commercial center can be heard from the adjacent residential condominium complex, often during late night/early morning hours. The noise is primarily from delivery tru cks making late night deliveries to the existing commercial tenants. In addition, Mr. Angeles outlined his concern regarding the potential noise that would come from the proposed emergency generator if it was allowed to be installed at the O’Reilly Auto Pa rts store. With these existing noise factors, Mr.

Angeles stated he is concerned that the proposed emergency generator would exacerbate the existing nighttime noise in the area. Staff explained that the generator was being installed for emergency use only in the event of a power outage, so the store could remain operational.

Following the meeting with Mr. Angeles, staff notified O’Reilly Auto Parts of the noise concerns and O’Reilly Auto Parts agreed to work with staff on solutions that would further reduce potential 297
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TITLE: APPEAL OF PL24-0018 (ADMINISTRATIVE APPROVAL).

PAGE: 3

noise, while still maintaining an emergency generator at this location. It is important to note that while the City’s Municipal Code does not govern delivery hours for existing tenants in the commercial center, Code Enforcement staff did conta ct tenants in the center asking them to be a good neighbor and adjust delivery hours, so they are less impactful on the adjacent residential properties.

After the appeal application was received, staff engaged in multiple phone calls with Mr.

Angeles and s eparately with O’Reilly Auto Parts to discuss possible modifications to the placement of the emergency generator at the site to help address Mr. Angeles’s noise concerns.

Proposed modifications to the project design that were discussed included locating th e generator further away from the adjacent condominium complex, increasing the height of the block wall enclosure, or locating the generator within the O’Reilly Auto Parts building. It was determined to be infeasible to locate the generator within the exi sting building; however, the project team for O’Reilly Auto Parts supported relocating the generator further away from the residential property, increasing the height of the enclosure wall from six feet to eight feet to further muffle the generator sound, and installing a muffler on the generator. Staff made several attempts to schedule a subsequent meeting with O’Reilly Auto Parts and the appellant to review the project modifications and collaborate on a solution that would satisfy both parties. A meeting was scheduled for May 3, 2024, with all parties; however, Mr. Angeles called staff the day of the meeting to cancel. Staff and the project team for O’Reilly Auto Parts did still meet.

As a result, O’Reilly Auto Parts agreed to the following modification s from the existing approval to help address Mr. Angeles’s noise concerns and further mitigate the potential noise from the emergency generator, which are reflected in the plans and conditions of approval for the project.  The emergency generator will be re located from its original location of 84 -feet to an increased setback of 118 feet from the adjacent residential property to the west.  The proposed generator will include a muffler that will reduce noise emitting from the emergency generator to 51.2 dBa at a distance of 118 feet from the generator when in use. Exhibits C and D provide further information on the generator noise levels and manufacturer specifications.
 The height of the block wall enclosure for the generator will be increased from a 6 -foot- high block wall to an 8 -foot-high block wall enclosure to further mitigate potential noise, and the wall will be designed to be architecturally compatible with the existing commercial building.
 The generator is conditioned to only be used in the event of a po wer outage during business operation of the store. Once power is restored, the generator is required to be turned off.

During the Planning Commission appeal hearing, staff outlined the added changes to the project design and how the emergency generator me ets the City’s Municipal Code requirements and would not impact to adjacent residential development. Mr. Angeles did not agree and explained his concern regarding the potential noise that would come from the proposed emergency generator if it was allowed to be installed at the O’Reilly Auto Parts store. Therefore, Mr.

Angeles submitted an appeal of the Planning Commission’s decision to the City Council.

ISSUES/ANALYSIS
City Council Appeal
A site-specific noise analysis was requested by Mr. Angeles as part of the City Council appeal.

Staff did ask O’Reilly Auto Parts to provide a site-specific noise study, but it was determined that 298
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TITLE: APPEAL OF PL24-0018 (ADMINISTRATIVE APPROVAL).

PAGE: 4

this was not possible because the “hub” store concept is n ew and there is not a current “hub” store with a similar emergency generator currently in operation. The type of emergency generator that will be installed produces 129.7 dBa of noise without any noise mitigation measures (Exhibit C, Page 4, Figure 6). Th e emergency generator being installed at the Chino O’Reilly Auto Parts location will include a muffler with a protective metal casing that reduces the emergency generator’s noise level to 51.2 dBa at the west property line, which is 118 feet from the generator, based on the specifications provided by the manufacturer (Exhibit D). This noise level is similar to the noise produced by a household dishwasher and meets the City’s maximum noise allowance of 55 dBa during the hours of 7:00 am to 10:00 pm. In add ition, an 8-foot-high block wall enclosure is also being constructed around the emergency generator that is expected to help reduce the noise level even further when the emergency generator is in operation. As previously mentioned, the proposed generator is for emergency purposes only in the case of a power outage and will only be utilized during operation of the O’Reilly Auto Parts store between the hours of 7:00 am to 10:00 pm. Over the past five years, O’Reilly Auto Parts has encountered zero power outages at the Chino location that would have necessitated the use of a generator to maintain store operations. Therefore, the use of the emergency generator at the O’Reilly Auto Parts store is expected to be very limited. In addition, any future testing of the emergency generator will only occur during daytime hours only, with no impact to adjacent properties.

Attachments:

Exhibit A – Planning Commission Staff Report Packet
Exhibit B – Appeal Application
Exhibit C – Generator Specifications
Exhibit D – Generator Sound Level Report
Exhibit E – Plan Set
Resolution 2024-041
Resolution 2024-041 Exhibit A

299

MEMORANDUM

CITY OF CHINO

DEVELOPMENT SERVICES DEPARTMENT

PLANNING COMMISSION MEETING DATE: JUNE 19, 2024

DATE: JUNE 19, 2024
TO: CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION
FROM: ANDREA GILBERT, CITY PLANNER

SUBJECT

Appeal of PL24-0018 (Administrative Approval) for the installation of an exterior back -up generator for O’Reilly Auto Parts located at 12516 Central Avenue in the Big Lots commercial center within the CG (Commercial General) zoning district.

RECOMMENDATION
Adopt Planning Commission Resoluti on No. PC2024 -015, denying the appeal and thereby upholding the approval of PL24 -0018 (Administrative Approval), based upon the findings and subject to the departmental conditions of approval.

BACKGROUND
On February 13, 2024, PL24 -0018 (Administrative Approval) was submitted on behalf of O’Reilly Auto Parts for exterior modifications of an existing vacant commercial space, which include the removal of a chain link enclosure and the addition of an emergency generator at O’Reilly Auto Parts in conjunction with the expansion of the store into the adjacent tenant space to the south . O’Reilly Auto Parts is located within the existing Big Lots commercial center at 12516 Central Avenue. As part of the Administrative Approval (AA) process, a 10 -day public notice was mailed to adjacent property owners on March 14, 2024 . At that time , no concerns were expressed concerning the installation of the proposed emergency generator. As a result, PL24-0018 was approved by the Director of Development Services on March 25, 2 024. After the application was approved, staff received a call from Bryan Angeles, an adjacent resident in the condominium complex, with concerns of existing nighttime noise from the commercial center and potential noise from the proposed generator. Staf f met with Mr. Angeles at the project site on April 4, 2024, and listened to his concerns, which were generally caused by noise from deliveries to other tenants within the shopping center during nighttime hours. Staff committed to working with O’Reilly Au to Parts on a solution to potential noise from the proposed emergency generator, including relocating the generator, increasing the height of the generator enclosure, and looking into other mechanisms to mitigate potential noise that could come from the generator. Mr. Angeles appreciated the meeting but proceeded in submitting an appeal to the approval of PL24 -0018 (Administrative Approval) within the 10 -day appeal period on April 4, 2024 based on noise concerns. The appellant is requesting that the approval of the emergency generator be overturned by the Planning Commission.

Interior modifications for O’Reilly Auto Parts do not require approval of an AA by the Planning Division, however since the project included exterior improvements and the install ation of an emergency generator for the store, an AA is required for those portions of the project. The purpose of the emergency generator is to allow the store to remain operational in the event of a 11300
PLANNING COMMISSION MEETING DATE: JUNE 19, 2024
TITLE: APPEAL OF PL24-0018 (ADMINISTRATIVE APPROVAL).

PAGE: 2

power outage so that they may continue to serve customers. While primarily an auto parts store, O’Reilly Auto Parts also sells tools and equipment such as portable generators that are often in demand during widespread emergencies and power outages. O’Reilly Auto Parts is in the process of making an emergency g enerator a standard for their larger store s, which will include the Chino location once the expansion is completed. The approved AA includes the demolition of an existing chain link enclosure located on the south side of the building and the installation of an emergency generator which is located approximately 84 feet away from the west property line, shared with the adjacent residential condominium complex. The generator is proposed to be enclosed by a six-foot-high block wall designed to complement the existing building.

Appeal
In the appeal, Mr. Angeles outlined his concern regarding the potential noise from the proposed emergency generator at O’Reilly Auto Parts (Exhibit A). As previously mentioned, Mr. Angeles also verbally told staff at a site visit t hat noise emitted from the commercial center can be heard from the adjacent residential condominium complex, often during late night/early morning hours.

Noise is primarily from delivery trucks making late night deliveries to the existing commercial tenants. With these existing noise factors, the appellant is concerned that the proposed emergency generator would exa cerbate the existing nighttime noise. Staff explained the generator was being installed for emergency use only in the event of a power outage so that the store could remain operational. Following the meeting with Mr. Angeles, staff notified O’Reilly Auto Parts of the noise concerns and O’Reilly Auto Parts agreed to work with staff on a solution that would limit noise and meet the City’s noise ordinance, while still maintaining a generator for this location. It is important to note that w hile the C hino Municipal Code does not govern delivery hours for existing tenants in the commercial center, Code Enforcement staff did ask the tenants to be neighb orly and if possible, adjust the delivery hours to be less impactful on the adjacent residential properties.

Staff has engaged in multiple phone calls with Mr. Angeles and separately with O’Reilly Auto Parts to discuss possible modifications to the placeme nt of the emergency generator at the site to help address Mr. Angeles’s noise concerns. Proposed modifications to the project that were discussed included locating the generator further away from the adjacent condominium complex, increasing the height of t he enclosure, or locating the generator within the O’Reilly Auto Parts building. It was determined to be infeasible to locate the generator within the existing building, however the project team for O’Reilly Auto Parts supported relocating the generator further from the residential property, increasing the height of the wall from six feet to eight feet to further muffle the sound, and installing a muffler on the generator. Staff made several attempts to schedule a subsequent meeting with O’Reilly Auto Par ts and the appellant to review the project modifications and collaborate on a solution that would satisfy both parties.

A meeting was scheduled for May 3, 2024, with all parties and Mr. Angeles called staff the day of the meeting to cancel. Staff and the project team for O’Reilly Auto Parts did meet. As a result, O’Reilly Auto Parts agreed to the following modifications from the existing approval to help address Mr. Angeles’s noise concerns, which are reflected in the plans and conditions of approval for the project.
 The emergency generator location w ill be re -located from the original location to increase the 84-foot setback from the adjacent residential property. As a result, the generator would now be approximately 118 feet away from the west property line.  The proposed generator will include a muffler that will further mitigate noise emitted from the generator when in use. The muffler will reduce noise from the generator to 51.2 dBa at a distance of 118 feet from the generator when in use . Exhibits B and C provide 12301
PLANNING COMMISSION MEETING DATE: JUNE 19, 2024
TITLE: APPEAL OF PL24-0018 (ADMINISTRATIVE APPROVAL).

PAGE: 3

further information on the generator noise levels and manufacturer specifications.  To further reduce noise, the block wall enclosure for the generator will be increased by 2 feet to an 8 -foot-high block wall enclosure. The enclosure will b e architecturally compatible with the existing commercial building.
 The generator is conditioned to only be used in the event of a power outage. Once power is restored, the generator is required to be turned off.

Public Noticing
Pursuant to Section 20.23.140 (Public Notices and Hearings) of the Chino Municipal Code, a 10-day notice was mailed to all adjacent property owners noticed with PL24 -0018 (Administrative Approval), and information was sent out on the City’s social media platforms. In response to the public notice, no comments have been received. The notice exceeds legal noticing requirements.

ENVIRONMENTAL REVIEW
Staff has performed a preliminary environmental assessment of this proposed project and has determined that it falls within Class 1 Categorical Exemption set for in California Environmental Quality Act (CEQA) Guidelines Section 15301, Existing Facilities. Furthermore, staff has determined that none of the exceptions to Categorical Exemptions set forth in the CEQA Guidelines, section 15300.2 apply to the proposed project.

Attachments: Exhibit A – Appeal Application
Exhibit B – Generator Noise Levels
Exhibit C – Manufacturer Generator Specifications

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ABOUT KOHLER
24313
RESOLUTION NO. PC2024-015

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CHINO, CALIFORNIA , DENYING BRIAN ANGELES’S APPEAL AND
APPROVING PL24-0018 (ADMINISTRATIVE APPROVAL) FOR THE
INSTALLATION OF A BACKUP GENERATOR FOR O’RELLY AUTO
PARTS, LOCATED AT 12516 CENTRAL AVENUE (APN: 1015-371-
02).

WHEREAS, CASCO for O’Reilly Auto Parts (the “Applicant”), has filed an application with the City of Chino (the “City”) for approval of PL24 -0018 (Administrative Approval) (the “Project”) for the installation of a backup generator for O’Reilly Auto Parts, located at 12516 Central Avenue (the “Property”); and

WHEREAS, in compliance with the California Environmental Quality Act (CEQA), staff has performed a preliminary environmental assessment of the proposed project and has determined that it falls within Class 1 Categorical Exemption set forth in CEQA Guidelines Section 15301, Existing Facilities , and that none of the exceptions to the categorical exemptions set forth in the CEQA Guidelines 153 00.2 apply to th e Project; and

WHEREAS, on March 14, 2024, a 10 -day public notice regarding the City’s consideration of the Project was mailed to property owners adjacent to the Property in compliance with the Chino Municipal Code; and

WHEREAS, on March 25, 2024, PL24 -0018 (Administrative Approval) was approved by the Director of Development Services; and

WHEREAS, Brian Angeles (the “Appellant”) filed a timely appeal of the approval of the Project; and

WHEREAS, on June 19, 2024, the Planning Commission held a duly noticed public hearing to consider the Appellant’s appeal.

NOW, THEREFORE, the Planning Commission of the City of Chino, California, does hereby FIND, DETERMINE, and RESOLVE as follows:

A. The foregoing recitals are true and correct and incorporated herein.

B. Based on substantial evidence, both written and oral, from the public hearing, the Planning Commission makes the following findings and takes the following actions on the appeal and on PL24-0018 (Administrative Approval):

25314
RESOLUTION NO. PC2024-015

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Chino City CouncilSeptember 3, 2024

Chino City Council
September 3, 2024