Agenda packet — Chino City Council, May 6, 2025 (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, MAY 6, 2025

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

ROLL CALL
Mayor Eunice M. Ulloa, Mayor Pro Tem Curtis Burton, Council Member Karen C. Comstock, 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 REAL PROPERTY NEGOTIATOR Pursuant to Government Code 54956.8 Property: APN: 1014-281-03, 1014-281-08; 5412 Francis Ave., Chino; Agency Negotiator: Linda Reich, City Manager or her designee; Negotiating Parties: Grand West Coast Investment LLC; Under Negotiation: Price and Terms of Potential Acquisition

2. CONFERENCE WITH REAL PROPERTY NEGOTIATOR Pursuant to Government Code 54956.8 Property: APN: 1020-283-29; 13170 7th Street, Chino; Agency Negotiator: Linda Reich, City Manager or her designee; Negotiating Parties: SMSA Limited Partnership, dba Verizon Wireless; Under Negotiation: Price and Terms of Leasehold
1 CHINO CITY COUNCIL
MAY 6, 2025 2

3. CONFERENCE WITH REAL PROPERTY NEGOTIATOR Pursuant to Government Code 54956.8 Property: APN: 1020-282-03; 13218 6th Street, Chino; Agency Negotiator: Linda Reich, City Manager or her designee; Negotiating Parties: SKS Property Investment LLC; Under Negotiation: Price and Terms of Potential Acquisition

4. EXISTING LITIGATION Pursuant to Government Code Section 54956.9 City of Chino v. Loring Winn Williams, et al. and related cross -complaint (San Bernardino Superior Court Case No. CIVDS 1827623)

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

Agency Negotiator: Terry Doyle, Director of Human Resources/Risk Management Employee Organizations: Chino City Hall Confidential Employee Association; Chino Police Management Association (CPMA); Chino Police Officers Association (CPOA); Chino Police Professional Employees Association (CPPEA); Teamsters Local1932 Professional, Technical and Clerical Unit; American Federation of State, County, and Municipal Employees (AFSCME District Council 36 - Local 3183 ); Unrepresented Management Sworn and Professional; Executive Management and Deputy Directors; and Part-time Employees

FLAG SALUTE

CEREMONIALS
Proclamations
National Mental Health Awareness Month - Proclaim May 2025, as National Mental Health Awareness Month.

Professional Municipal Clerks Week - Proclaim May 4 -10, 2025 as Professional Municipal Clerks Week.

Presentations
Chino High School Wrestling Team - Recognition of the Chino High School Wrestling Team.

Recognition of the Teen Advisory Committee Members - Ximena Tapia -Lugo, Kale Lo, Bridget Moore, Adrian Mora, Neil Jatakia, Jazlynn Sanchez, Karisia Rojas, Drew Ramirez, Flor Hernandez, Julia Barraza, Kathleen Chang, and Sofia Henderson.

Retirement Recognition. Recognition of Chino Police Department Public Safety Dispatcher Jennifer Latham in recognition of 20 years of dedicated service to the City of Chino and its residents.

Business of the Month - Award of Business of the Month for May 2025 to Let's Party Entertainment.

Mayor’s Home Beautification Award - Award of Mayor’s Home Beautification Award for May 2025.

REPORT OUT OF CLOSED SESSION

AGENDA ADDITIONS/REVISIONS
2 CHINO CITY COUNCIL
MAY 6, 2025 3

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 775116 to 775414, and Electronic Fund Transfers 524156E to 524277E, totaling $7,648,738.33

2. Minutes. Regular Meeting Minutes for April 15, 2025 (All members present).

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

4. Fiscal Year 2023 Emergency Management Performance Grant (EMPG) Authorize the acceptance of the Fiscal Year 2023 EMPG in the amount of $19,619 and appropriate $19,619 to the General Fund with a corresponding increase to the General Fund grant (G425C) revenue.

5. Acceptance of State Department of Resources, Recycling and Recovery (CalRecycle) California Beverage Container Recycling City/County Payment Program (CCPP-24) Grant Funds. Authorize the acceptance of CalRecycle CCPP -24 grant funds of $23,366; establish grant number G7251 for FY2024 -25; and appropriate $23,366 to the Sanitation Fund with a corresponding increase to the Sanitation Fund revenues in the same amount.

NEW BUSINESS

6. Award of Contract - Glenn E. Duncan Interactive Water Feature Project (PK253). Award a Professional Services Contract in the amount of $80,000 to Sitescapes, Inc., Costa Mesa,CA for design services for the Glenn E. Duncan Splash Pad Project.

Staff Report By: Jeffrey Benson, Parks & Facilities Manager RECOMMENDATION: 1) Award a Professional Services Agreement in the amount of $80,000 to Sitescapes, Inc., Costa Mesa, CA for design services for the Glenn E. Duncan Splash Pad Project (PK253); 2) authorize expenditures of up to $8,000 for project contingencies for a not-to-exceed potential contract amount of $88,000; 3) appropriate $13,000 to the Park Fund with a backfill from the Park Fund Preserve 341 reserves for a revised project budget of $88,000; and 4) authorize the City Manager to execute the necessary documents on behalf of the City.
3 CHINO CITY COUNCIL
MAY 6, 2025 4

7. Construction Contract to Pacific Hydrotech for State Street Water Treatment Plant (WA212) and Amendments to Professional Services Agreements for the Project. Award Construction Contract to Pacific Hydrotech for State Street Water Treatment Plant WA212 and approve amendments to Professional Services Agreements for the Project.

Staff Report By: Natalie Avila, Associate Engineer
RECOMMENDATION: Approve (1) Appropriate $38,708,159 from the Water Fund Balance (520); (2) Increase the project budget of the State Street Water Treatment Plant Project (WA212) by $38,708,159 for a revised project budget amount of $58,494,712; (3) Approval to waive bid irregularities and award a Construction Contract to Pacific Hydrotech Corporation, for $44,063,900, for the construction of the State Street Water Treatment Plant Project (WA212); (4) Authorize expenditures of up to $4,406,390 for 10% construction contract contingencies as allowable per the Public Contract Code; (5) Approve a fifth amendment to the Design Professional Services Agreement with Hazen and Sawyer, (Agreement No. 2021 -234, for $997,840 for additional engineering and construction support services; (6) Approve an amendment to the Construction Management and Inspection Professional Services Agreement with Butier Engineering, Inc., (Agreement No. 2024 -253), for $607,000 for additional construction management and inspection services; (7) Award a Native American Monitoring Service Agreement with Kizh Nation Resources Management for $290,000; and (8) Authorize the City Manager to execute the necessary documents on behalf of the City.

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

Mayor Ulloa
Mayor Pro Tem Burton
Council Member Comstock
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, May, 20, 2025 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 Friday, May 2, 2025 this agenda was posted on the south window of Chino City Hall and this agenda together with all of the 4 CHINO CITY COUNCIL
MAY 6, 2025 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

COMMUNITY SERVICES, PARKS & RECREATION DEPARTMENT

CITY COUNCIL MEETING DATE: MAY 6, 2025

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

RECREATION

SUBJECT
..titl e
National Mental Health 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
 Partnerships & Teamwork
 Public Service Excellence

6 7

MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: MAY 6, 2025

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

SUBJECT
..titl e
Professional Municipal Clerks Week
..end
..body

8 9

MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: MAY 6, 2025

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

SUBJECT
..titl e
Chino High School Wrestling Team
..end
..body

10 MEMORANDUM

CITY OF CHINO

COMMUNITY SERVICES, PARKS & RECREATION DEPARTMENT

CITY COUNCIL MEETING DATE: MAY 6, 2025

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

RECREATION

SUBJECT
..titl e
Recognition of the Teen Advisory Committee Members

..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
 Communication & Engagement
 Partnerships & Teamwork
 Public Service Excellence Through Internal & External Partnerships

11 MEMORANDUM

CITY OF CHINO

POLICE DEPARTMENT

CITY COUNCIL MEETING DATE: MAY 6, 2025

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

SUBJECT
..titl e
Retirement Recognition.
..end
..body

12 MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: MAY 6, 2025

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

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

13 MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: MAY 6, 2025

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

14 MEMORANDUM

CITY OF CHINO

FINANCE DEPARTMENT

CITY COUNCIL MEETING DATE: MAY 6, 2025

TO: LINDA REICH, CITY MANAGER
FROM: KIM SAO, DIRECTOR OF FINANCE

SUBJECT
..titl e
Warrants.
..end

RECOMMENDATION
Approve expenses as audited and within budget for warrants 775116 to 775414, and Electronic Fund Transfers 524156E to 524277E, totaling $7,648,738.33. ..body

FISCAL IMPACT
Sufficient funds have been included in the Fiscal Year 24-25 Adopted Budget.

Revenue:

Expenditure:
15 CITY COUNCIL MEETING DATE: MAY 6, 2025
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 CHECK DATE FY AMOUNT

1. 775116 – 775211 4/3/25 24-25 $647,707.29

2. 775212 – 775326 4/10/25 24-25 $2,252,058.30

3. 775327 – 775414 4/17/25 24-25 $449,461.91

4. 524156E – 524180E 4/4/25 24-25 $99,293.45

5. 524181E – 524233E 4/11/25 24-25 $2,055,277.93

6. 524234E – 524277E 4/18/25 24-25 $2,144,939.45
TOTAL $7,648,738.33

E: Electronic Fund Transfers

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

Attachment

16 Council Meeting 5/6/25

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

Check
Number Check Date Vendor Name Description Amount
775119 04/03/2025 THIRKETTLE CORPORATION WATER METER INVENTORY $71,268.12 775124 BIGGS CARDOSA ASSOCIATES, INC. EUCLID BRIDGE DESIGN SERVICES $168,133.50 775147

DYETT & BHATIA, URBAN & REGIONAL
PLANNERS GENERAL PLAN UPDATE $139,517.20
775195 RTS 85 INC. CSPR CHINO DAYS - CARNIVAL RIDES $52,000.00 775229 04/10/2025 CA DEPT TRANSPORTATION PINE AVENUE ABATEMENT PAYMENT $1,529,548.70 775274 INLAND EMPIRE ESCROW CALHOME HOME IMPROVEMENT PROJECT $76,610.00 775315 SO CAL EDISON CO SERVICE PERIOD: 03/01-03/31 $248,337.25 524181 04/11/2025 10-8 RETROFIT INC RETROFITTING & MAINTENANCE OF FLEET $56,424.67 524190 CHINO BASIN DESALTER AUTHORITY WATER PURCHASES $1,611,155.50 524208 INLAND EMPIRE UTILITIES AGENCY RECYCLED WATER $58,822.50 524225 SIDEPATH INC CENTRAL SRVS-SOFTWARE $111,911.42
775347 04/17/2025 CHINO VALLEY UNIFIED SCHOOL DISTRICT CVUSD CROSSING GUARDS $69,217.33 775376 M K SMITH CHEVROLET FLEET CHEVROLET PARTS & SERVICES $109,664.19 775380 MOTOROLA SOLUTIONS, INC. N4224-HT RADIOS/P.D. $56,193.37 524235 04/18/2025 ACT 1 CONSTRUCTION, INC. CHINO RANCHO PARK PROJECT $516,551.10 524242 CHINO VALLEY INDEPENDENT FIRE DISTRICT FIRE PROTECTION SERVICES $1,310,147.00 524255 INLAND EMPIRE UTILITIES AGENCY RECYCLED WATER $116,005.08 524256 HUMANE SOCIETY OF POMONA VALLEY ANIMAL CONTROL SERVICES $62,882.00

18 TOTAL $6,364,388.93

17 MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: MAY 6, 2025

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

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

18 CHINO CITY COUNCIL

SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY

REGULAR MEETING - CHINO SENIOR CENTER
13170 CENTRAL AVENUE
CHINO, CA 91710
TUESDAY, APRIL 15, 2025

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

CALL TO ORDER
The April 15, 2025, Regular Meeting of the City Council / Successor Agency to the Redevelopment Agency was called to order at 5:00 pm by Mayor Eunice M. Ulloa at the Chino Senior Center.

ROLL CALL
PRESENT: Mayor Eunice M. Ulloa, Mayor Pro Tem Curtis Burton, Council Member Karen C.

Comstock, 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.

1. LIABILITY CLAIMS
Pursuant to Government Code Section 54956.95 to consider the following worker’s compensation claim:

Claimant: Sean Whitham Claim No. 025000085
Agency claimed against: City of Chino

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

FLAG SALUTE
The Chino Police Department Explorer Honor Guard led the Pledge of Allegiance.

CEREMONIALS
Proclamations
National Public Safety Telecommunicators Week - Proclaim April 13 -19, 2025 as National Public Safety Telecommunicators Week.

Mayor Ulloa read into the record the Proclamation designating April 13 -19, 2025 as National Public Safety Telecommunicators Week in Chino. Police Chief Kevin Mensen and Police Department Public Safety Dispatchers were present to accept the Proclamation.

Donate Life Month - Proclaim April 2025 as Donate Life Month in the City of Chino.

Mayor Ulloa read into the record the Proclamation designating April 2025 as Donate Life Month in Chino. Robert Ralston, One Legacy Ambassador, Donate Life, was present to accept the Proclamation.

Presentations
CHINO Days Award Recipients - Recognition of the 2025 CHINO Days Art, Writing & Chalk Art Award Winners.

Mayor Ulloa called up Kari Franco, Community Services, Parks & Recreation Supervisor, who announced the 2025 Chino Days Art, Writing, and Chalk Art Contest Winners and presented certificates of recognition to Skylar Yu, William Jiang, Olivia Li, Yiwen Cao, Claire Chen, Olivia Hong, Zoey Lu, Srishubhav Pinjala, Harmony Flores, Han Cogn Li, Arielle Bautista, Yuna Choi, Dominic Rhie, Rachel Lee, and Parthvi Naswa.

Mayor’s Home Beautification Award - Award of Mayor’s Home Beautification Award for April 2025.

Mayor Ulloa announced the Mayor's Home Beautification Award for April 2025 was awarded to Stephanie Bradhurst of Dalton Street in Chino, who was unable to attend the meeting, but ensured staff will deliver the award.

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

1. LIABILITY CLAIMS Pursuant to Government Code Section 54956.95 to consider the following worker’s compensation claim: Claimant: Sean Whitham Claim No. 025000085 Agency claimed against: City of Chino
The City Council received a briefing, provided unanimous direction, and no further reportable action was taken.

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

Agency Negotiator: Terry Doyle, Director of Human Resources/Risk Management Employee Organizations: Chino City Hall Confidential Employee Association; Chino Police Management Association (CPMA); Chino Police Officers Association (CPOA); Chino Police Professional Employees Association (CPPEA); Teamsters Local1932 Professional, Technical 20 CHINO CITY COUNCIL
APRIL 15, 2025 3
and Clerical Unit; American Federation of State, County, and Municipal Employees (AFSCME District Council 36 - Local 3183 ); Unrepresented Management Sworn and Professional; Executive Management and Deputy Directors; and Part-time Employees The City Council received a briefing, provided direction, and no further reportable action was taken.

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

INFORMATION
External Agency Report for April 15, 2025. Receive and file the External Agency Report for April 15, 2025 (Covering Meetings from February 1 - February 28, 2025).

Mayor Ulloa announced the External Agency Report was included in the agenda packet.

PUBLIC ANNOUNCEMENTS
Kiwanis Corn Feed Run Car Show & Cruise is on Saturday, April 26, 2025, from 8:00 am to 3:00 pm at Chino City Hall. For information, visit chinokiwanis.com.

Earth Day is on Thursday, April 17, 2025, from 4:00 to 7:00 pm at the Chino Creek Wetlands and Educational Park, located at 6075 Kimball Avenue in Chino. For information, visit cityofchino.org/earthday.

Chino Bike Day is on Saturday, May 10, from 7:30 to 11:00 am, at Ruben S. Ayala Park in Chino. For information, call the Carolyn Owens Community Center at 909-334-3258.

Mayor Ulloa sadly announced that the meeting will adjourn in memory of Retired Judge Raymond Charles Youngquist, who passed away on March 30, 2025. On behalf of the City Council, Mayor Ulloa sent prayers to the Youngquist family during this difficult time.

PUBLIC COMMENTS
Mayor Ulloa provided an announcement for any speakers in attendance regarding the project at Euclid and Schaefer Avenues. She explained the project is not on the agenda, therefore, the City Council is legally unable to make comments on the project. She encouraged residents to provide their comments to be included in the official record for the project when it is presented to the Planning Commission at an unscheduled later date, and to visit the website www.cityofchino.org/orbis for updates.

Pastor Dustin Harrison, Calvary Chapel Chino Valley, provided the invocation.

Riley Han, Selena Ouoa, and Sophie Shredder, Ontario Christian High School students, provided an introduction.

Steve Eckes, spoke in opposition of the Fern Schaefer Project.

Greg Duncan, spoke in opposition of the Eden Development project and a potential parcel purchase at Central and Francis.

Bob Nigg, requested an update on the review of Ordinance 2024 -003 and emphasized the need for increased public input opportunities.
21 CHINO CITY COUNCIL
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Maria Torres, Chino resident, spoke in opposition of the project at Euclid and Schaefer Avenues.

Susan Fekete, read a letter on behalf of Zachary Cenit, in opposition of the Eden project, and Susan Fekete spoke regarding working together on the Eden Development to find a good solution for the community.

Daniel Medrano, spoke in opposition of the project at Fern and Schaefer.

Mayor Ulloa encouraged residents to review agenda Item 4 - Report on State and Federal Legislative Issues, and spoke regarding SB79, a bill that focuses on land use and transit-oriented development.

CONSENT CALENDAR

1. Warrants. Approve expenses as audited and within budget for warrants 775018 to 775115, and Electronic Fund Transfers 524106E to 524155E, totaling $2,297,515.22

4. Report on Priority State and Federal Legislative Issues. Receive and file the Priority Legislative Items Report dated April 15, 2025; the Tracked State Legislation Report; and Position Letters on Legislation.

5. 2024 Chino Climate Action Plan Annual Report. Receive and file the 2024 Chino Climate Action Plan Annual Progress Report.

6. Annexation of Territory into Community Facilities District No 2003-3 IA 5 for Municipal Services.

Adopt Resolution No. 2025 -013, declaring the City of Chino’s intention to annex Territory to Improvement Area 5 of Community Facilities District No. 2003 -3 for municipal services and schedule a Public Hearing for Tuesday, May 20, 2025.

7. Chino Preserve Development Corporation - Final Map and Subdivision Improvement Agreement for Tract Map No. 16420 -7. Approve Final Map and Subdivision Improvement Agreement for Tract Map No. 16420-7.

8. Orange County Flood Control District - Agreement Regarding Fill Dirt and Release, Pine Avenue Stage 3 Project. Approve an appropriation and Fill Dirt and Release Agreement and a permit with the Orange County Flood Control District for $108,200 for the Pine Avenue Stage 3 Project.

9. Traffic Signal Installation - Eucalyptus Avenue at Fern Avenue Project (TR240). Appropriate $609,291 from the Transportation fund (320) reserves to the Traffic Signal Installation – Eucalyptus at Fern Avenue Project (TR240) and reduce the Bridges/Signals/Thoroughfare (Fund 220) Development Impact Fee funding by $609,291.

10. Notice of Completion - Kimball Avenue Median Improvement Project (G7241). Approve the Kimball Avenue Median Improvement Project (G7241) as complete and authorize the Director of Public Works to file the Notice of Completion.

Motion by Council Member Lucio, seconded by Council Member Comstock, to approve the Consent Calendar Items 1, and 3 -10 as presented. The motion carried by the following vote:

AYES: ULLOA, BURTON, COMSTOCK, FLORES, AND LUCIO
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APRIL 15, 2025 5
NOES: NONE.

ABSENT: NONE.

ITEMS PULLED FROM THE CONSENT CALENDAR

2. Minutes. Regular Meeting Minutes for April 1, 2025 (Council Member Flores Absent-Excused).

Motion by Mayor Pro Tem Burton, seconded by Council Member Lucio, to approve Item

2. Minutes as presented. The motion carried by the following vote:

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

ABSENT: NONE.

NEW BUSINESS

11. Appeal to the City Council of the Planning Commission's Denial of an Appeal of a Written Decision by the Development Services Director. Appeal of the Planning Commission's denial of an appeal of a written decision by the Development Services Director related to the interpretation of how Floor Area Ratio is enforced for projects located within the Mixed Use Overlay Districts.

Staff Report By: Michael Hitz, Principal Planner, AICP and Warren Morelion, Director of Development Services
RECOMMENDATION: That the City Council 1) deny the appeal and affirm that the Planning Commission is not required to issue specific findings of fact in connection with its decision to uphold the interpretation by the Director of Development Services for the calculation and enforcement of Floor Area Ratio (“FAR”) in the Mixed Use Overlay District (“MUO”) and 2) deny the appeal and affirm the decision by the Planning Commission to uphold the interpretation of the Zoning Code by the Director of Development Services regarding the calculation and enforcement of FAR in the MUO district.

Mayor Ulloa opened the public hearing.

Michael Hitz, Principal Planner, provided a presentation on the item. Mr. Hitz noted the appellant sent an email on April 7, 2025, which was included in the agenda packet, that expressed concerns the appeal was not published in the Chino Champion newspaper. Mr. Hitz explained in detail why there is no noticing requirement for this type of appeal.

Mr. Hitz shared that two email correspondences were received today, one from Linda Zeigler, and one from the appellant, Mr. Nigg. Both were provided to the City Council and will be saved to the meeting record.

City Attorney Galante presented a report on the item, detailing the implications of both a vote to deny the appeal and uphold the Planning Commission's decision, as well as a vote to approve the appeal. Mr. Galante noted that the City Council cannot legally consider issues raised by the appellant outside of the appeal, and it would not be appropriate for the appellant to address any issues that were not raised before the Planning Commission. No specific project should be discussed as part of this appeal.

Robert Nigg, appellant, addressed the City Council.
23 CHINO CITY COUNCIL
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Mayor Ulloa noted the email submission by Mr. Nigg was provided with insufficient time for City Council review.

Mayor Ulloa asked if the Department of Housing and Community Development (HCD) has addressed Floor Area Ratio (FAR), and City Attorney Galante stated he is not aware of a general statewide interpretation of FAR, and Warren Morelion, Director of Development Services, agreed.

Maria Torres, Chino resident, spoke regarding frustration over the HCD's rigid rules which seem to limit the ability to address or challenge issues.

Mayor Ulloa asked Mr. Nigg to clarify if his email submission today includes the same information included in his appeal, and Mr. Nigg confirmed the newly submitted document provides additional detail with no new information, except regarding the appeal heard as a quasi-judicial hearing.

Mayor Ulloa stated the City Council deeply cares about the community, noting the difficulty in accepting state-imposed housing regulations, and discussed challenges faced.

City Attorney Galante explained that due process prohibits discussing the project referenced in the appeal. Mr. Galante commented on the additional information submitted after the appeal was filed and explained that new arguments or details cannot be considered, as they were not part of the initial appeal.

City Attorney Galante reviewed the changes requested by HCD between the ordinance's first reading identified by Mr. Nigg and its final adoption by City Council at the end of 2024, and confirmed each requirement was specifically requested by HCD. He clarified that under the City’s municipal code and all specific plans for multifamily residential properties, FAR (Floor Area Ratio) does not apply.

Hearing no additional requests to address the City Council, Mayor Ulloa closed the public hearing.

Council Member Comstock shared that she and her colleagues have traveled to Sacramento to oppose the legislation and have engaged with HCD regarding the Housing Element, spoken to elected officials, and argued against these policies. Council Member Comstock reviewed key points in the appeal staff report, explained her position, and expressed support for the residents.

Mayor Pro Tem Burton expressed gratitude to Mr. Nigg for his work. He also thanked City Staff and the Planning Commission for their time and efforts. He spoke regarding his disagreement with Sacramento and noted his best interests for the people in the City of Chino.

Council Member Lucio shared insights from his experience in Washington D.C. and the contrast between federal and state and local policy. He shared the pressures the city faces, especially those regarding the housing element. He noted that he is not willing to jeopardize taxpayer dollars by inviting lawsuits, as seen in other cities. He acknowledged Mr. Nigg’s work on the appeal and the thanked the residents in attendance.

Council Member Flores thanked residents for their comments and encouraged them to write to local legislators about policies impacting the Chino community. 24 CHINO CITY COUNCIL
APRIL 15, 2025 7
Motion by Council Member Comstock, seconded by Council Member Flores, to 1) deny the appeal and affirm that the Planning Commission is not required to issue specific findings of fact in connection with its decision to uphold the interpretation by the Director of Development Services for the calculation and enforcement of Floor Area Ratio ("FAR") in the Mixed Use Overlay District ("MUO") and 2) deny the appeal and affirm the decision by the Planning Commission to uphold the interpretation of the Zoning Code by the Director of Development Services regarding the calculation and enforcement of FAR in the MUO district. The motion carried by the following vote:

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

ABSENT: NONE.

MAYOR AND COUNCIL REPORTS
Mayor Ulloa
Mayor Ulloa reported on the following meetings and events including the Omnitrans Board of Directors meeting; SBCTA Board of Directors meeting; Chino Valley School District meeting; Chino Days event; Mayor's Message filming; Chino Valley Soroptomist bingo fundraiser; Legislative Policy Committee meeting; Mayor's Prayer Breakfast; Chick -fil-A Employee Scholarship Award event; Omnitrans Administrative and Finance Committee meeting; SBCTA Transit and Metro Valley Committee meeting; and Gateway Karis Church Groundbreaking ceremony.

Mayor Pro Tem Burton
Mayor Pro Tem Burton reported on the following meetings and events including the Chino Valley Unified School District Board meeting; Planning Commission meeting; Chino Basin Desalter Authority Board meeting; Inland Empire Utilities Agency Policy Committee meeting; Baker to Vegas Challenge Cup Relay Race; Mayor's Prayer Breakfast; meeting with City of Ontario and City of Montclair regarding matters related to water; Watermaster meeting with staff; Gateway Karis Church Groundbreaking Ceremony; Chino Valley Republican Assembly meeting; Water Facilities Authority Board of Directors meeting; Chino Boxing Club Board Members meeting; City Manager meeting; Closed Session; and expressed his condolences to the family of Judge Youngquist.

Council Member Comstock
Council Member Comstock congratulated the CHINO Days Art, Writing, and Chalk Art winners and offered her condolences to the family of Judge Youngquist.

Council Member Flores
Council Member Flores extended his condolences to the family of Judge Youngquist.

Council Member Lucio
Council Member Lucio extended his condolences to family of Judge Youngquist and congratulated the Chino Police Department Baker to Vegas team.

City Manager's Report
City Manager Reich had no report.
25 CHINO CITY COUNCIL
APRIL 15, 2025 8
City Attorney's Report
City Attorney Galante had no report.

Police Chief's Report
Police Chief Kevin Mensen introduced Corporal Alex Wright, Chino Police Officers Association, who announced details about a fundraiser scheduled for Wednesday, April 30, at Roscoe's Famous Deli in Chino Hills, from 11:00 a.m. to 9:30 p.m. for the family of Clarissa Cano, who was tragically killed in recent pursuit crash.

Director's Report
Hye Jin Lee, Director of Public Works, announced the Inland Empire Utilities Agency (IEUA) will consider a rate increase at their April 16th Board Meeting at 10:00 a.m.

Mayor Ulloa asked City Attorney Galante for information brought back regarding the Proposition 218 process related to IEUA fees.

Fire Chief's Report
Fire Chief Dave Williams announced the Chino Valley Fire District Open House will be held on May 3, 2025, at the Chino Valley Fire District Training Center.

ADJOURNED IN MEMORY OF RETIRED JUDGE RAYMOND CHARLES YOUNGQUIST Mayor Ulloa adjourned the meeting at 8:32 p.m. in memory of Retired Judge Raymond Charles Youngquist. The next Regular Meeting of the City Council will be held on Tuesday, May 6, 2025 at 6:00 p.m. (Closed Session no earlier than 4:00 p.m. if necessary) in these Council Chambers.

APPROVED AND ADOPTED THIS 6TH DAY OF MAY 2025.
________________________________
EUNICE M. ULLOA, MAYOR
ATTEST:
________________________________

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

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: MAY 6, 2025

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:
27 CITY COUNCIL MEETING DATE: MAY 6, 2025
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

28 Event Date Meeting Purpose
and Subject Matter
Location City Official
Attendees
April 22 – 25, 2025 League of California
Cities City Leaders
Summit
Sacramento, CA Mayor Pro Tem
Burton, Council
Member Lucio
April 25, 2025 Southern California
Water Coalition
Quarterly Luncheon
Temecula, CA Mayor Ulloa

29 MEMORANDUM

CITY OF CHINO

POLICE DEPARTMENT

CITY COUNCIL MEETING DATE: MAY 6, 2025

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

SUBJECT
..titl e
Fiscal Year 2023 Emergency Management Performance Grant (EMPG) ..end

RECOMMENDATION
1) Authorize the acceptance of the Fiscal Year 2023 Emergency Management Performance Grant G425C (EMPG) in the amount of $19,619; 2) appropriate $19,619 to the General Fund with a corresponding increase to the General Fund grant (G425C) revenue; and 3) authorize the City Manager to execute all necessary documents on behalf of the City. ..body

FISCAL IMPACT
Requires an appropriation of $19,619 to the General Fund with a corresponding increase to the Grant G425C revenue account. The Emergency Management Performance Grant program requires a 50/50 match from the sub -recipient. The required match for this grant will be in -kind use of the salary from the Police Department’s Emergency Services Coordinator, who is responsible for the City’s emergency management function for a total of $19,619.

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

Revenue: 1004000-59500-G425C

Expenditure: 1004000-40010-G425C
Transfer In: Click or tap here to enter text. Transfer Out: Click or tap here to enter text. 30 CITY COUNCIL MEETING DATE: MAY 6, 2025
TITLE: FISCAL YEAR 2023 EMERGENCY MANAGEMENT PERFORMANCE GRANT (EMPG) PAGE: 2

BACKGROUND
The purpose of the Emergency Management Performance Grant (EMPG) is to assist state and local governments in enhancing and sustaining all -hazards emergency management capabilities. These funds are awarded by the Federal Emergency Management Agency (FEMA) to each state. The State of California allows each county to determine how it will use or distribute the funds to support its jurisdiction. San Bernardino County distributes the funds it receives to the 24 cities and San Bernardino County Office of Emergency Services (OES). Each is allocated a $10,000 base, with the remainder of the grant distributed on per capita basis.

San Bernardino County OES required all participating jurisdictions to submit a project proposal explaining how the allocated funds would b e spent. The OES Grant Unit then reviewed each proposal. After the projects were approved, jurisdictions are required to appropriate grant funds, directly purchase the items, and then request reimbursement. The EMPG also requires each sub-recipient to matc h the grant allocation either in -kind, dollar-for-dollar, or a combination of both. The City of Chino has been awarded $ 19,619 for the Fiscal Year 2023 grant. Grant funds are required to be used to support comprehensive emergency management programs at the local level. Grant funds are required to be spent by May 31, 202 5. Fiscal Year 202 3 EMPG funds will be used to purchase equipment that will support emergency management operations such as satellite phone s, a computer for the Emergency Operations Center (E OC) capable of GIS functions, fans for the City’s designated cooling center s, and animal crates for the City’s designated evacuation shelters.

ISSUES/ANALYSIS
The City of Chino has been approved by the County of San Bernardino and the State of California to use up to $19,619 to purchase satellite phones, computer equipment, fans, and animal crates with use of EMPG funds. The required 50/50 match for this grant w ill be met in - kind using the salary of the Emergency Services Coordinator, who is responsible for the City’s emergency management function.

Attachments – FY23 EMPG Application Package
FY23 EMPG Grant Information Form
FY23 EMPG Chino Approved Equipment 2025

31 32
33 CITY OF CHINO

GRANT INFORMATION FORM
Fiscal Year of Grant ____________________
Date City Council Approved
C
ity of Chino Grant # __________________
City Department: City Staff Administrator:

U.S. Dept. Agency: Federal CFDA #
Pass-through Agency: _____ Pass-through No. ________ Grant Program Title: _
Funding Period: Extended Through:

Reporting Requirements:
(Example: Report to pass-through agency quarterly.)
Type of Grant (): Method of Funding ():

F ederal A dvance Reimbursement
S tate Frequency of Funding ( ): At Completion
C ounty Monthly Quarterly Annually O ther Type:

Total Amount from Granting Agency: $ City Matching Funds: $ City Expenditure Account Number:

City Revenue Account Number:

Does the funding agency require a compliance audit? Yes No I f yes, what kind of report? Single Audit Compliance Does the funding agency require a copy of the Single Audit report? Yes No Will any grant funds be carried over to other fiscal years? Yes No If y es, which years?
Is allocated interest a grant requirement? Yes No City Program and/or Purpose of Grant:
34 # Project Description AEL # AEL Title/ Expenditure
Category

SAFECOM
Compliant
Solution Area Sub-
Category Total CostAmount PAID
by the Grant
Remaining
Balance
Project
Completion
Deadline
Comments
B
Equipment (6)
Misting Fans and
(14) Cooling Fans
The City of Chino will be using
FY23 EMPG funds for the purpose
of purchasing misting fans and
cooling fans to support its cooling
center and evacuation shelter
operations. The fans and misters
will be powered using an 18 volt
lithium-ion batteries. A benefit will
be that they will be cordless and
they can both be used indoor and
outdoor spaces.
19GN-00-FANV Fan, Cooling/Heating
Ventilation N/A CBRNE Logistical
Support Equipment 2,336$ 2,336 $ 5/31/2025
B Equipment (18)
Batteries
The City of Chino will be using
FY23 EMPG funds for the purpose
of purchasing (18) batteries for
misting and cooling fans to support
its cooling center and evacuation
shelter operations. The fans and
misters will be powered using 18
volt lithium-ion batteries. A benefit
will be that they will be cordless
and they can both be used indoor
and outdoor spaces.
10BC-00-BATT Batteries, All Types N/A Power Equipment 1,274$ - 1,274$ 5/31/2025 B
Equipment (3)
Battery Charging
Stations
The City of Chino will be using
FY23 EMPG funds for the purpose
of purchasing (3) charging stations
for misting and cooling fans to
support its cooling center and
evacuation shelter operations. The
fans and misters will be powered
using an 18 volt lithium-ion
batteries. A benefit will be that they
will be cordless and they can both
be used indoor and outdoor
spaces.
10BC-00-SOLR Chargers N/A Power Equipment 290$ - 290$ 5/31/2025

SAN BERNARDINO COUNTY OPERATIONAL AREA
FY2023 EMERGENCY MANAGEMENT PERFORMANCE GRANT

APPROVED PROJECT WORKSHEET
City of Chino
Updated 5/1/2025 35
# Project Description AEL # AEL Title/ Expenditure
Category

SAFECOM
Compliant
Solution Area Sub-
Category Total CostAmount PAID
by the Grant
Remaining
Balance
Project
Completion
Deadline
Comments
B Equipment (7)
Satellite Phones
The City of Chino will be using
FY23 EMPG funds for the purpose
of purchasing satellite phones
which will be used by key
personnel for emergency
communications. This project will
give personnel the ability to
communicate when typical
communication methods are
unavailable to provide critical
information from the field to the
EOC.
06CC-03-SATP Device, Communication,
Satellite Portable Yes
Interoperable
Communications
Equipment
6,500$ - 6,500$ 5/31/2025 B Equipment (1) GIS
Computer
The City of Chino will be using
FY23 EMPG funds for the purpose
of purchasing (1) GIS computer to
be used by the EOC's GIS
Specialist to be able to produce
interactive maps and dashboards
that will provide critical information
and situational awareness for the
City's leadership during an
emergency.
04HW-01-INHW Hardware, Computer,
Integrated N/A Information
Technology 7,200$ - 7,200$ 5/31/2025 B
Equipment (15)
Small Animal
Crates
The City of Chino will be using the
FY23 EMPG funds to purchase 15
small animal crates to be used for
emergency evacuation sheltering of
small animals (cats & dogs). The
crates will allow for a safe place for
the owners and their pets to stay
together in a shelter or cooling
center.
16AC-02-AHES
Equipment and
Supplies, Small Animal
Housing
N/A Other Authorized
Equipment 2,019$ - 2,019$
5/31/2025
Total Allocation 19,619$ - 19,619 Equipment approved as of 3/18/2025
Updated 5/1/2025 36

MEMORANDUM

CITY OF CHINO

PUBLIC WORKS DEPARTMENT

CITY COUNCIL MEETING DATE: MAY 6, 2025

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

SUBJECT
..titl e
Acceptance of CalRecycle California Beverage Container Recycling City/County Payment Program (CCPP-24) Grant Funds.
..end

RECOMMENDATION
1) Authorize the acceptance of the State Department of Resources, Recycling and Recovery (CalRecycle) California Beverage Container Recycling City/County Payment Program (CCPP - 24) grant funds for $23,366; 2) establish grant number G7251 for FY2024 -25; 3) app ropriate $23,366 to the Sanitation Fund with a corresponding increase to the Sanitation Fund revenues in the same amount; and 4) authorize the City Manager to execute the necessary documents on behalf of the City.
..body

FISCAL IMPACT
The is no increas e or decrease in the 550 Fund Balance. This appropriation is fully offset with grant funding from the State of California, Department of Resources, Recycling and Recovery and there is no city matching requirement.

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

Revenue: 5507380 – 59500 – G7251

Expenditure: 5507380 – 40010 – G7251
Transfer In: Click or tap here to enter text. Transfer Out: Click or tap here to enter text. 37 CITY COUNCIL MEETING DATE: MAY 6, 2025
TITLE: ACCEPTANCE OF STATE DEPARTMENT OF RESOURCES, RECYCLING AND

RECOVERY (CALRECYCLE) CALIFORNIA BEVERAGE CONTAINER RECYCLING CITY/COUNTY PAYMENT PROGRAM (CCPP-24) GRANT FUNDS.

PAGE: 2

BACKGROUND
The State of California provides annual payments to cities and counties through the CalRecycle California Beverage Container Recycling City/County Payment Program, which is funded by statewide beverage container recycling fees. These funds are distributed based on a per capita formula, meaning the award amounts can vary from year to year depending on population changes and the total funds available.

ISSUES/ANALYSIS
Administered by the State Department of Resou rces, Recycling, and Recovery (CalRecycle), the program mandates that the funds be specifically allocated for beverage container recycling initiatives, programs for school-aged youth, litter clean up events and community events. In the City’s outreach efforts, the funds are used for activities such as distributing educational recycling materials, installing and distributing recycling bins, promoting beverage container recycling through public education, and purchasing and installing water bottle refill stations.

In March 2025, the City received funding from CalRecycle’s City/County Payment Program for Fiscal Year 2024 -25. The term of this funding begins on the date of the award and extends through January 5, 2027, covering both Fiscal Year 2024-25 and 2025-26.

Therefore, staff is recommending that the City Council approve an appropriation of $23,366 to the Sanitation Fund 550, along with a corresponding increase in revenues. There are no City matching funds required. The Fiscal Year 2024 -25 funds have been r eceived from the State Controller’s Office.

38 MEMORANDUM

CITY OF CHINO

COMMUNITY SERVICES, PARKS & RECREATION DEPARTMENT

CITY COUNCIL MEETING DATE: MAY 6, 2025

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

RECREATION

SUBJECT
..titl e
Award of Contract – Glenn E. Duncan Interactive Water Feature Project (PK253).

..end

RECOMMENDATION
..recommendation
1) Award a Professional Services Agreement in the amount of $80,000 to Sitescapes, Inc., Costa Mesa, CA for design services for the Glenn E. Duncan Splash Pad Project (PK253); 2) authorize expenditures of up to $8,000 for project contingen cies for a not -to-exceed potential contract amount of $88,000; 3) appropriate $13,000 to the Park Fund with a backfill from the Park Fund Preserve 341 reserves for a revised project budget of $88,000; and 4) authorize the City Manager to execute the necessary documents on behalf of the City.

..body

FISCAL IMPACT
Requires appropriation of $13,000 to the Park Fund with a corresponding transfer from the Park Fund Preserve 341. There is a sufficient fund balance in the Park Fund Preserve 341 reserves for this project.

Revenue:

Expenditure: 3408300-48004-PK253
Transfer In: 3401000-50000 Transfer Out: 3411000-40001
39 CITY COUNCIL MEETING DATE: MAY 6, 2025
TITLE: AWARD OF CONTRACT - GLENN E. DUNCAN INTERACTIVE WATER FEATURE PROJECT (PK253).

PAGE: 2

BACKGROUND
Lewis Operating Company is currently in the development of a 10+ acre public park named Glenn E. Duncan Park located in The Preserve. This park is being developed as part of the Town Center block project, located south of Market Avenue and east of Main Street as conditioned by the Preserve Development Agreement. The developer is required to design and construct the park in lieu of paying development impact fees.

City staff proposed adding an interactive water feature to the park's amenities, as there is currently only one splash pad in the northern section of Chino. The developer has the right to reasonably decline any of the amenities requested by staff. Although the developer declined this request for liability reasons, they agreed to allocate an area within the park plans for the City to construct the water feature.

On November 9, 2023, City Staff met with the City Council's Infrastructure Streets Committee to discuss the proposal to use Park Fund Preserve Reserves for the City to construct an interactive water feature.

As part of the partnership between Lewis and Chino, the City will work on the design and development of the interactive water feature in an area of the park that both parties have selected and agreed upon. This project aims to create a visually engaging, safe, and accessible water play area that enhances the park's recreational offerings. Once constructed, the City will maintain and program this highly anticipated park amenity.

Sitescapes, Inc. was selected through a Sole Source Professional Services Agreement for the interactive water feature project as they are currently the landscape architecture firm working for Lewis Operating Corporation on the ten (10) acre park. The selection of Sitescapes Inc., as the landscape architect for the City’s project is beneficial based on their prior w ork on the development by Lewis Operating Corporation. Their familiarity with the site, local environmental conditions, and regulatory requirements ensures consistency in design, efficiency in project execution, and seamless integration with the existing landscape. Additionally, their previous work has demonstrated high -quality results, reducing risks associated with hiring a new firm unfamiliar with the area. Utilizing Sitescapes , Inc. will maintain design continuity, expedite approvals, and optimize cost efficiency, making them the most suitable choice for this project.

ISSUES/ANALYSIS
Staff is recommending that City Council authorize a Professional Services Agreement in the amount of $80,000 to Sitescapes, Inc., Costa Mesa, CA for the design services of the Glenn E.

Duncan Park Splash Pad. In addition to the contract amount, staff is requesting to spend up to $8,000 for contingencies for unanticipated works, bringing the total potential contract to $88,000. This request requires appropriation of $13,000 to the Park Fund 340 with backfill from the Park Fund Preserve reserves for a revised project budget of $88,000.

Attachment: Sitescapes, Inc. – Agreement/Proposal

40 Project Name/No.: ________________ Contract No.: ______________ Project Manager: ________________ Approved: ______________ 01225.0001/863604.2 (Long Form)

AGREEMENT FOR SERVICES

BETWEEN THE CITY OF CHINO AND
SITESCAPES, INC.

THIS AGREEMENT FOR SERVICES (herein “Agreement”) is made and entered into this 6th day of May, 2025 (“Effective Date”) by and between the City of Chino, a California municipal corporation (“City”) and Sitescapes, Inc., ( “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 Cit y 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 S
cope of Services.

I
n 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 i
ncorporated herein by this reference, which may be referred to herein as the “services” o r “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 41 01225.0001/863604.2 2
purposes of this Agreement, the phrase “highest professional standards ” shall mean those standards of practice recognized by one or more first -class firms performing similar work under similar circumstances.

1.2 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 Relations (“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. 42 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 perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform the City of the location of the records. (e) Apprentices. 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 Sections 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 excess 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 performed by employees of Consultant in excess of eight (8) hours per day, and forty (40) hours during any one week shall be permitted upon public work upon 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 to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”
(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 43 01225.0001/863604.2 4
with 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 necessary for the Consultant’s performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City , its officers, employees or agents of City, against any such fees, assessments, taxes , penalties or interest levied, assessed or imposed against City hereunder.

1.6 Familiarity with Work.

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

1.7 Software and Computer Services.

If the Scope of Services includes the provision and/or installation of any software, computer system, or other computer technology, Consultant represents and warrants that it has inspected the City’s current infrastructure, equipment, computer system and software and that the software, computer system, or other computer technology provided and/or installed by Consultant under this Agreement is compatible, and shall be 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 44 01225.0001/863604.2 5
responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City’s own negligence.

1.9 Further Responsibilities of Parties.

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

1.10 Additional Services.

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

1.11 Special Requirements.

Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements ” attached hereto as Exhibit “B” and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit “B” and any other provisions of this Agreement, the provisions of 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 Eighty Thousand Dollars and No Cents ($80,000.00) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.10. 45 01225.0001/863604.2 6

2.2 Method of Compensation.

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

2.3 Reimbursable Expenses.

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

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

2.4 Invoices.

Each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City ’s Director of Finance. By submitting an invoice for payment under this Agreement, 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 prevailing wage rates for all 46 01225.0001/863604.2 7
employees and subcontractors providing services under this Agreement, as applicable, with Consultant’s first invoice. If these rates change at any time during the term of the Agreement, Consultant shall submit a new list of rates to the City with its first invoice following the effective date of the rate change.

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

2.5 Waiver.

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

2.6 Contingency of Funds.

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

ARTICLE 3. PERFORMANCE SCHEDULE

3.1 Time of Essence.

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

3.2 Schedule of Performance.

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.
47 01225.0001/863604.2 8

3.3 Force Majeure.

The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Consultant shall within ten (10) days of the commencement of such delay notify the Project Manager in writing of the causes of the delay. The Project Manager shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Project Manager such delay is justified. The Project Manager ’s determination shall be final and 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, 2026, 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 three (3) year(s) at the option of the City if the City is satisfied with the quality of services performed by Consultant under this Agreement.

ARTICLE 4. COORDINATION OF WORK

4.1 Representatives and Personnel of Consultant.

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

(Name) (Title)

(Name) (Title)
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 contro l of the Principals. For purposes of this Agreement, the 48 01225.0001/863604.2 9
foregoing Principals may not be replaced nor may their responsibilities be substantially reduced by Consultant without the express written approval of City. Additionally, Consultant shall utilize only competent personnel to perform services pursuant to this Agreement. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement.

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

4.2 Status of Consultant.

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

4.3 Project Manager.

The Project Manager shall be Jeff Benson, Parks and Facilities Manager 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 writing by the City Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.

4.4 Independent Consultant.

Neither the City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Consultant’s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are 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.
49 01225.0001/863604.2 10
The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of 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 . Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement. (d) Workers’ compensation insurance . Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).
50 01225.0001/863604.2 11
(e) Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein.
(f) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”.

5.2 General Insurance Requirements.
(a) Proof of insurance . Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
(b) Duration of coverage . Consultant shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Consultant, its agents, representatives, employees or subconsultants. (c) Primary/noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non - contributory basis for the benefit of City before the City’s own insurance or self -insurance shall be called upon to protect it as a named insured.
(d) City’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (e) Acceptable insurers. All insurance policies shall be issued by an insurance company currently 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 51 01225.0001/863604.2 12
Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(g) Enforcement of contract p rovisions (non -estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non -compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
(h) Requirements not limiting . Requirements of specific coverage features or limits contained in this section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. (i) Notice of cancellation . Consultant agrees to oblige its insurance agent or broker and insurers to provide to City 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 assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review. 52 01225.0001/863604.2 13
(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.
(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 any 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 53 01225.0001/863604.2 14
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 limited to, legal costs and attorneys ’ fees.

Consultant shall incorporate similar indemnity agreements with its subcontra ctors and if it fails to do so Consultant shall be fully responsible to indemnify City hereunder therefore, and failure of City to monitor compliance with these provisions shall not be a waiver hereof. This indemnification includes claims or liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Consultant in the performance of professional services hereunder. The provisions of this Section do not apply to claims or liabilities occurring as a result of City ’s sole negligence or willful acts or omissions, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City ’s negligence, except that design professionals’ indemnity hereunder shall be limited to claims and 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 records ”), as shall be necessary to perform the services required by this Agreement and enable the Project Manager to evaluate the performance of such services. Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Project Manager shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. In the event of dissolution of 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 the services required by this Agreement as the Project Manager shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decre ase the cost of the work or services contemplated herein 54 01225.0001/863604.2 15
or, if Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notify the Project Manager of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed.

6.3 Ownership of Documents.

All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “documents and materials”) prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Project Manager or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for 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, re use or assignment . Consultant may retain copies of such documents for its own use. Consultant shall have the right to use the concepts embodied therein.

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

6.4 Confidentiality and Release of Information.
(a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Project Manager.
(b) Consultant, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Project Manager or unless requested by the City 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 55 01225.0001/863604.2 16
of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION

7.1 California Law.

This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of San Bernardino, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the 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 negligent 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 56 01225.0001/863604.2 17
City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Consultant to insure, indemnify, and protect City as elsewhere provided herein.

7.4 Waiver.

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

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

7.5 Rights and Remedies are Cumulative.

Except with respect to rights and remedies expressly declared to be 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 and No Cents ($0.00) as liquidated damages for each working day of delay in the performance of any service required hereunder. The City may withhold from any monies payable on account of services performed by the Consultant any accrued liquidated damages.

7.8 Termination Prior to Expiration of Term.

This Section shall govern any termination of this Contract except as specifically provided in the following Section for 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 57 01225.0001/863604.2 18
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 this Section, the terminating party need not provide the non -terminating party with the opportunity to cure pursuant to Section 7.2.

7.10 Attorneys’ Fees.

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

ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

8.1 Non-liability of City Officers and Employees.

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

8.2 Conflict of Interest.

Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant’s performance of services under this Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or 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.
58 01225.0001/863604.2 19
No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision r elating to the Agreement which a ffects her/his financial interest or the financial interest of any corporation, partnership or association in which (s)he is, directly or indirectly, interested, in violation of any State statute or regulation. The Consultant warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.

8.3 Covenant Against Discrimination.

Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, 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 notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy -two (72) hours from the time of mailing if mailed as provided in this Section.
59 01225.0001/863604.2 20

9.2 Interpretation.

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

9.3 Counterparts.

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

9.4 Integration; Amendment.

This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the 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 or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he i s 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, 60 01225.0001/863604.2 21
consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Consultant is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.

Consultant’s Authorized Initials _______

9.7 Corporate Authority.

The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) th at entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties.

[SIGNATURES ON FOLLOWING PAGE]
61 01225.0001/863604.2 22
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.

CITY:

CITY OF CHINO, a municipal corporation

Linda Reich, City Manager
ATTEST:

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

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

CONSULTANT:

SITESCAPES, INC.

By:

Name:

Title:

By:

Name:

Title:

Address:

Two corporate officer signatures required when C onsultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. 62 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.

63 (___/___) 1

December 12, 2024
Revised January 7, 2025 , Revised March 3, 2025

Jeff Benson
City of Chino
13220 Central Avenue
Chino, CA 91710

Project: Glenn Duncan Park Splash Pad

Dear Jeff ,

We are pleased to submit this proposal for Professional Services in connection with the .25- acre , splash pad within this center of the Glenn Duncan Park at Block 9 of The Preserve .

AGREEMENT BETWEEN CLIENT AND LANDSCAPE ARCHITECT

This Agreement is between City of Chino . (Client ) located at 13220 Central Avenue , Chino, California 917 10 and Sitescapes, Inc. (Landscape Architect) located at 3190 B -2 Airport Loop Drive, Costa Mesa, California 92626 for the above -referenced Project.

ARTICLE 1: SCOPE OF WORK

This scope of work is based upon the urban splash pad as depicted within the Glenn Duncan Park site plan dated 08/12/24 by Sitescapes.

A. Landscape Architect agrees to provide Client the following Basic Services:

1. Project Coordination

2. Concept Design

3. Design Development

4. Construction Documents

5. Construction Administration

1. Phase 1 – Project Coordinatio n:

Upon approval of the proposal from Client , Sitescapes, Inc. shall proceed to interact with other project consultants including the Civil Engineer, Project Architect and Governing Agencies. The intent is to have Sitescapes, Inc. develop and create Landscape Architectural drawings that will illustrate specific solutions used to attain the ultimate project goals.

This phase of work shall include the following:

a. Review all pertinent technical data as well as agency requirements regarding project’s current status and site plan submittal requirement.

b. Assemble design team’s information ( i.e., civil, architectural and utilities) to create an accurate comprehensive AutoCAD “Site Plan” base sheet. This base sheet will provide an up -to-date background which will be used to expose any conflicts and help minimize any future landscape con straints.

EXHIBIT “A-1”
01225.0001/863604.2 A-2 64
❖ Sitescapes, Inc. ❖ Glenn Duncan Splash Park Pad ❖ 12/ 12/2024 rev. 01/0 7/2025 , rev. March 3, 2025 ❖ (___/___) 2
c. Attend and participate in project team meetings and consultant coordination meetings as required or as deemed necessary by Client . It is assumed that this project will require (1) local one -hour meeting every three week s until project approval .

d. Attend city meetings and presentations as required.

e. Assemble and coordinate permittable ancillary structure drawing package, if required by the city, that may include, but is not limited to structural engineering, electrical design/lighting engineering, utility design, plumbing design, etc.

2. Phase 2 – Concept Design:

Sitescapes shall refine and expand upon the “schematic” landscape designs for the splash pad park based upon Sitescapes’ designs presented in June to the city . (see attached exhibit) This phase of work shall include the following:

a. Discuss with representatives from Client and other design consultants to review architectural characteristics, project theme, site amenities, low -impact/water quality issues, landscape maintenance and cost budgeting concerns.
b. Review rough grading plan by Civil Engineer and make vertical relationship suggestion based upon anticipated site amenities and access issues.
c. Refine conceptual “schematic” Site Plan sketches identifying the following design elements:

1. Project Theme – Design elements that help promote the “innovation ” theme of the overall park

2. Circulation – Create strong & intuitive connection

3. Internal People Spaces – Design meaningful active & passive area s around the center spray fountain

4. Spray Park Nozzles and Amenity Features : Design a mixture of animated and passive water elements to increase interaction and aesthetic

5. Shade Structures & Site Furniture – Theme -based urban park elements d. Based upon mutually agreed program, schedule and construction budget requirements, consultant shall prepare for approval by client, schematic design documents consisting of drawings and other documents illustrating the scale and relationship of splash pad project components. Schematic design phase deliverables shall include the following:

1. Splash pad plan views

2. Longitudinal sections

3. Finish and details

4. Feature details

e. Review with Client conceptual “schematic” sketches and provide modifications as necessary. {Note: These sketches will be very informal as they will only be used to develop communication between us.}

f. Develop a “schematic” hardscape Site Plan @ 10 scale, based upon approved “schematic” sketches that will illustrate the proposed landscape goals and theme. Distribute CAD file of new hardscape layout to design team.

g. Prepare conceptual images to support Site Plan to help define project’s theme and direction.

3. Phase 3 – Design Development:

Sitescapes, Inc. shall refine the site amenities and landscape designs based upon approved schematic design as shown within scope of Phase 2.
{Note: Sitescapes’ ability to proceed is contingent upon Client’s and Consultant Team’s ability to provide accurate base information as well as additional required drawings.}

65 ❖ Sitescapes, Inc. ❖ Glenn Duncan Splash Park Pad ❖ 12/ 12/2024 rev. 01/0 7/2025 , rev. March 3, 2025 ❖ (___/___) 3
This Phase of work shall include the following:

a. Refine and expand upon submitted designs and coordinate with other project consultants including Fountain Consultant , Civil, Electrical , Lighting, and Structural Engineers.

b. Develop enlarged plan view and 3D graphic s of key design issues and amenities as necessary to gain Client’s final understanding of intent.

c. Prepare vertical control designs and coordinate with Client’s Consultant Civil Engineer.

d. Prepare “utility and constraints plan” identifying the proposed grading concept with key spot elevations, drainage devices, tree drain , utility locations , electrical and irrigation sleeves, etc . Plan shall be forward and coordinated with design team .

e. Design team shall provide client with building and infrastructure requirements. Including design criteria, as needed to service the splash pad equipment, including :

1. Equipment vault dimensions

2. Sanitary/storm sewer requirement and points of connection

3. Domestic water requirement and points of connections

4. Electrical requirements and points of connection for equipment

5. Consultant shall advise client of any adjustments to the estimate of probable construction cost

f. Review design development drawings and detailed enlargements with Client and design team and modify as required.

g. Aesthetic lighting design indicating locations and fixture type of bollard and any “theatrical” style lighting.

h. Research preliminary material and product selection and review with Client .

i. Prepare a landscape cost estimate based upon 80% completion of Design Development p hase .

4. Phase 4 – Construction Document s:

Sitescapes, Inc. shall prepare construction documents pertaining to the landscape architectural improvements after the Client has approved “PHASE 3,” design development drawings and has given authorization to proceed.
{Note: If it is necessary to begin this phase of work prior to provision of the final Architecture or Site Plan, revisions to our drawings resulting from such changes shall be billed to the Client as extra work on an hourly basis.}

The construction document shall include the following:

a. Develop the following pl ans for construction @ 10 scale:

1. Construction Plan indicating location and type of all hardscape elements designed by Sitescapes, Inc. including fencing, shade structures, walls , paving, materials , etc. {Sitescapes, Inc. will provide the Civil Engineer with hardscape & other construction element locations for inclusion into their files.

2. Sitescapes shall coordinate service points ( water, storm drain, sewer, electrical , etc.) required from consultants to serve landscape amenities. The team consultants will incorporate this information into their construction as required.

3. Prepare for approval by Client, construction documents consisting of drawings and specification setting forth in detail the requirements for construction of the splash pad/fountain. Construction documents phase deliverables shall include the following:

• Architectural
• Splash Pad plan views
66 ❖ Sitescapes, Inc. ❖ Glenn Duncan Splash Park Pad ❖ 12/ 12/2024 rev. 01/0 7/2025 , rev. March 3, 2025 ❖ (___/___) 4
• Splash Pad longitudinal sections
• Splash Pad finish and details
• Splash Pad Toy/Feature Details
• Outline specifications in CSI format

Mechanical
• Splash Pad piping plan
• Splash Pad mechanical equipment piping plan
• Splash pad mechanical equipment sections
• Miscellaneous splash pad mechanical details

Electrical
• Splash Pad underwater lighting plan
• Splash recommended Three phase panel schedule (Panel schedule to be completed by Electrical Engineer)
• Miscellaneous splash pad electrical details

4. Prepare a diagrammatic Irrigation Plan providing for an automatic system indicating type, size and location of all piping, sprinkler valves, heads and controllers.

5. Planting plan indicating location, species, size and quantity of all trees, shrubs and groundcover.

6. Civil Engineering to include design to bring required utilities to the site and provide all necessary elevations. {Civil Engineer shall be hired by Sitescapes as an outside consultant on behalf of Client.}

7. Coordinate material selection for hardscape items designed by Sitescapes, Inc. This includes tile, brick, concrete color specifications etc.
{Excludes formal color/material board presentations.}

8. Aesthetic lighting design indicating locations and fixture type of bollard and any “theatrical” style lighting.
{Foot candles and electrical calculations would be completed by outside Electrical Engineer consultant hired by Sitescapes on behalf of Client .}

9. Hardscape construction details as required. {Structural engineering per outside consultant}

10. Prepare site furniture and decorative pot design indicating location and specification of required elements needed to complement desig n.

11. Prepare required irrigation calculations based upon AB1881 or city’s equal.

12. Planting and irrigation construction details as required.

13. Develop construction specifications in various forms based upon each subcontractor’s work.

Sitescapes shall assemble into one submittal as required .

b. Sitescapes shall submit plan for city plan check using City’s Accela electronic submittal process .

c. Sitescapes, Inc. to make City plan check corrections, as required. This does not include Site Plan or value engineering / cost cutting changes beyond our control. If needed, these types of changes would be considered an extra.

d. Prepare an itemized project construction cost estimate based upon approved landscape plans, to aid in future bidding by City.

The Construction Documents will set forth the requirements for the construction of the Project in Sitescapes customary formats and levels of quality, and in sufficient detail to enable a knowledgeable and experienced contractor familiar with code requirements, with statutorily specified functionality standards, with established industry practices, and with projects similar to the Project to bid and to complete construction with only routine inquiries, corrections, and clarifications. These documents will delineate only the locations, key dimensions, and general methods of installing and assembling the Project’s major components.

These documents will not direct or require specific materials, products, or details of construction except 67 ❖ Sitescapes, Inc. ❖ Glenn Duncan Splash Park Pad ❖ 12/ 12/2024 rev. 01/0 7/2025 , rev. March 3, 2025 ❖ (___/___) 5
where specifically noted or required by law or by governmental authorities; and unless so noted or required, the responsibility for the selection, fabrication, and installation of any particular material, product, or assemblage will not lie with the Landscape Architect, but rather with those who make and implement these decisions.

5. Phase 5 - Construction Administration:

A. Landscape Architect's Basic Construction Administration Services

Sitescapes, Inc. will provide administration of construction documents and periodically observe construction during the installation phase to ascertain conformity of construction to design intent. Our participation shall be based upon the request from the Client or his authorized field representative. As part of this phase of work our services include:

1. Reconnaissance and tagging of specimen tree material.

2. Review of shop drawings and approval of material samples as specified in construction documents.

Landscape Architect will not review shop drawings or other contractor submittals for any purpose other than for conformity with aesthetic design concepts, and in no event will Landscape Architect review shop drawings for accuracy or completeness, for serviceability or performance, for constructability, for code compliance, for coordination among trades or compatibility with other Project components, or for contractor safety precautions all of which are the sole responsibility of the submitting contractor.

3. Observation of layout and installation of hardscape work in relation to design intent and quality of workmanship.

4. Observation of layout and installation of irrigation system including coverage test.

5. Observation of installation of plant material quality and installation at the project site.

6. Observation to establish 90 -day maintenance period. Develop punch list, as required.

7. Final observation at the end of the 90 -day maintenance period. Develop punch list, as required.

8. Prepare final certificate of completion review and report for city.

9. Construction site visitation and meetings [total number not expected to exceed (3)].

If expressly set forth in the scope of work, LANDSCAPE ARCHITECT will visit the site at intervals appropriate to the stage of construction to become generally familiar with the progress and quality of the completed landscape work and to determine in general if the landscape work is being performed in a manner indicating that, when completed, it will be in accordance with the landscape plans and specifications.

However, LANDSCAPE ARCHITECT will not be required to make exhaustive or continuous on -site inspections to check quality of the work. On the basis of the on -site observations, LANDSCAPE ARCHITECT will endeavor to keep the Client informed of progress of the landscape work and will endeavor to guard the Client against defects and deficiencies in the landscape work. However, LANDSCAPE ARCHITECT will not have control over, or charge of, and will not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the project. LANDSCAPE ARCHITECT will not be responsible for the failure of any person or entity to carry out the work in accordance with the contract documents.

B. Additional Services beyond Landscape Architect's Basic Services

At Client’s express request, Landscape Architect will provide any or all of the following additional services pursuant to the hourly fee schedule as set forth in Article 4 of this Agreement:

1. All costs involving document reproduction and deliveries.

2. Governmental meetings or presentations (other than described above).

3. Additional meetings beyond those described above.
68 ❖ Sitescapes, Inc. ❖ Glenn Duncan Splash Park Pad ❖ 12/ 12/2024 rev. 01/0 7/2025 , rev. March 3, 2025 ❖ (___/___) 6

4. Civil, electrical and structural engineering except as noted. Grading and drainage of landscape areas by Civil Engineers.

5. Preparation of colored renderings, theme boards, models, computer modeling, CADD files, or similar presentation materials.

6. Soils and/or geological investigation.

7. Value Engineering Revisions : Revisions required to value engineer the Consultant’s Design Team’s portion of the project.

8. Verification of the accuracy or completeness of information provided by Client , other consultants, or other reasonably reliable sources.

9. Preparation of documents for alternate, fast track, separate or sequential bids, or multiple phases, or providing services in connection with bidding, negotiation, or construction prior to or after the completion of the Construction Documents including preparation of documentation of separate permit and plan check submittals.

10. Making revisions to the Construction Documents or other documents when such revisions are:

a. Inconsistent with approvals or instructions previously given by Client , including revisions made necessary by changes in the Project program, budget, scheduling or phasing, or the result of Client’s failure to render decisions in a timely manner;

b. Required by the enactment, amendment, or revised interpretation of governmental or quasi - governmental requirements subsequent to the preparation of such documents, or by the discretionary decisions of governmental or quasi -governmental officials inconsistent with prior approvals; or

c. Necessitated by site conditions that were neither foreseen nor reasonably foreseeable by Landscape Architect at the time the documentation was originally prepared.

If during the progress of the development of plans or during construction, Client finds it desirable or necessary to cause the Landscape Architect to perform Additional or Extra Services, the payment for such additional work shall be based on our hourly rates.

C. Excluded Services and Assumptions:

1. Sitescapes, Inc. is not responsible for providing the following services:

a. Providing project management services .
b. Providing survey services .
c. Identifying or determining project’s bidding requirements . d. Determining project budget .
e. Any maintenance services after project’s completion . f. Plan check fees and/or building permits or submittals . g. Preparation of a SWPPP and / or WQMP Plan .
h. “As -Built” Drawings: Preparation of “As -Built” Record Drawings is not included in this Scope of Services. Consultant assumes that the Contractor shall provide this effort. i. Responsibility for the accuracy or completeness of data and/or design work provided to Landscape Architect by Client , other design professionals, or other reasonably reliable sources, and will have no responsibility for such information even if it is incorporated into Landscape Architect’s Instruments of Service for coordination, ease of reference, or any other purpose. j. Retaining wall desi gns .
k. Waterproofing specifications and details

2. Sitescapes, Inc. is not responsible for the following on -site conditions:

a. Any or all existing subsurface conditions .
b. Soil issues (including soil content, toxicity and level of compaction) . c. Identifying and/or verifying lot line locations .
69 ❖ Sitescapes, Inc. ❖ Glenn Duncan Splash Park Pad ❖ 12/ 12/2024 rev. 01/0 7/2025 , rev. March 3, 2025 ❖ (___/___) 7
d. Existing on -site drainage .
e. On-site utilities locations .
f. Performing existing plant inventory .

3. Project Assumptions:

a. Project can be prepared and submitted as one design package.

b. Construction meetings and review services provided by Landscape Architect is not in a supervisory role to the contractors or his workers, but merely to observe the progress of the installation of the plans and specifications.

c. Excludes any formal color/material board presentations other than those specifically agreed upon within this contract.

d. Signage Design and Construction Documents : It is assumed that the Client’s Graphics and Signage Consultant is responsible for Design and Construction Documents for all Project signage .

D. Professional Agreement:

Landscape Architect agrees to provide its professional services in accordance with generally accepted standards of its profession. Landscape Architect agrees to put forth reasonable efforts to comply with codes, laws and regulations in effect as of the date of this agreement.

ARTICLE 2: CLIENT’S RESPONSIBILITIES

A. Client agrees to provide Landscape Architect with all information, surveys, reports, anticipated improvements and professional recommendations requested by Landscape Architect to provide its professional services. Format of such information shall be AutoCAD or reproducible format. Landscape Architect may reasonably rely on the accuracy and completeness of these required information items.

B. The Client will promptly advise the Landscape Architect of any fault or defect in Landscape Architect’s work or non -conformance during the construction with the documents prepared pursuant to this Agreement.

It is Client’s responsibility prior to and during construction to promptly notify Landscape Architect in writing of any perceived errors or omissions in the Construction Documents of which a contractor thoroughly knowledgeable with the building codes, statutorily specified functionality standards, and industry standard methods of construction should be reasonably aware.

C. Verbal request to commence each task or phase constitutes approval of prior design, material selection, etc.

Design revisions will be incorporated into the subsequent design phase.

D. Client agrees to advise Landscape Architect of any known or suspected contaminants at the Project site.

Client shall be solely responsible for all subsurface soil conditions unless otherwise agreed to in writing.

E. Client will obtain and pay for all necessary permits from authorities having jurisdiction over the project.

Landscape Architect will assist Client with this obligation by completing and submitting appropriate paperwork and forms to governing authorities. Landscape Architect's assistance, however, shall not include attendance at more than one meeting with such governing authorities or creating additional or special documentation required by such authorities.

F. The Client will require that each contractor and subcontractor performing work on the Project be properly licensed and agree to indemnity, defend, and hold harmless Client and Landscape Architect, and their officers, agents, and employees, for claims, losses, expenses, including attorney’s fees, and any damages arising in connection with such contractor’s and/or subcontractor’s performance; and maintain general liability insurance in annual limits of at least $1,000,000.00 per claim and aggregate with Client and Landscape Architect named as additional insureds.

G. Client agrees to provide the items described in Article 2.A and to render decisions in a timely manner so as not to delay the orderly and sequential progress of Landscape Architect's services.

70 ❖ Sitescapes, Inc. ❖ Glenn Duncan Splash Park Pad ❖ 12/ 12/2024 rev. 01/0 7/2025 , rev. March 3, 2025 ❖ (___/___) 8
ARTICLE 3: ESTIMATED SCHEDULE AND PROJECT BUDGET

A. Landscape Architect shall render its services as expeditiously as is consistent with professional skill and care. During the course of the Project, anticipated and unanticipated events may impact any Project schedule.

B. As of the date of this Agreement, Client’s Project budget is undetermined. Client agrees to promptly notify Landscape Architect if Client’s schedule or budget changes. Client acknowledges that significant changes to the Project schedule, budget or the Project's scope may require Additional Services of Landscape Architect.

ARTICLE 4: COMPENSATION AND PAYMENTS

A. Client agrees to pay Landscape Architect as follows:

1. Basic Services:

a. Phase 1 – Project Coordination Hourly, est . NTE $2,000.00 b. Phase 2 – Schematic/Concept Design $6,000.00
c. Phase 3 – Design Development $5,000.00
d. Phase 4 – Construction Documents $63,000.00
4a. Landscape Architect $18,000.00
4b. Electrical/Lighting $6,000.00
4c. Structural Engineer $4,000.00
4d. Fountain Consultant $29,000.00
4e. Civil Engineer $6,000.00 e. Phase 5 – Construction Administration Hourly, as needed est. @ $4,000.00

2. Additional Services: As requested

3. Hourly Rates: (Rates subject to adjustment one (1) year from date of contract)

Principal/Partner $170.00
Department Head / 3D Design $155.00
Sr. Project Manager $150.00
Project Manager $130.00
Landscape Designer $123.00
Draftsman $100 .00
Clerical $45.00
Mileage $00. 56

3. Payment shall be made as follows:

a. Invoices are billed the last day of each month and are based upon percentage of work completed per phase.

b. Each invoice shall be due and payable upon receipt, and delinquent 30 days after its date. In the event of delinquency, interest shall accrue from the invoice date at the rate of 10%, or at the highest rate permitted by California Law, whichever is lower. No deductions shall be made from Sitescapes, Inc. compensation on account of claims or losses for which an appropriate court or arbitrator has not held Sitescapes, Inc. legally liable.

c. In light of the obvious advantage of resolving questions and disputes regarding Architect's billing quickly and while recollections are fresh, Client will notify Architect of any questions or dissatisfaction which may regard any particular invoice within 30 days of the invoice date, and if Client fails to give Architect such notice, then Client will have waived its right to dispute the accuracy and appropriateness of the invoice and the invoice will be binding upon Client .

B. The reimbursable expenses concerning the project for which Client shall be responsible at a multiple of 1.10 include, but are not necessarily limited to, all costs involving reproduction, postage, and handling of documents; long distance and facsimile charges; deliveries, mileage, authorized travel, additional insurance required by Client over and above that which the Landscape Architect or its sub -consultants customarily carry, employee overtime necessitated by Client’s express request for expedited se rvice, any governmental 71 ❖ Sitescapes, Inc. ❖ Glenn Duncan Splash Park Pad ❖ 12/ 12/2024 rev. 01/0 7/2025 , rev. March 3, 2025 ❖ (___/___) 9
fees or costs advanced by the Landscape Architect as a Client accommodation, and Client requested renderings and models.

C. Landscape Architect shall bill Client for Basic and Additional Services and Reimbursable Expenses once a month. All payments are due Landscape Architect upon receipt of invoice. A service charge of 1.5% per month will be charged on all amounts due more than 30 days after the date of invoice.

Should the above reflect a mutual understanding of services to be rendered for the stated fee, an authorized signature on the attached copy will initiate our work.

SIGNED ON BEHALF OF: ACCEPTED AND AGREED:

SITESCAPES, Inc. City of Chino

California License #2782
3190 B -2 Airport Loop Drive
Costa Mesa, CA 92626
By:

Ric hard Polhamus
Principal Date:
72 01225.0001/863604.2 B-1
EXHIBIT “B”

SPECIAL REQUIREMENTS

(INTERTIONALLY LEFT BLANK)

73 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 “A-1”.

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

III. The total compensation for the Services shall not exceed the Contract Sum, as provided in Section 2.1 of this Agreement.
74 01225.0001/863604.2 D-1
EXHIBIT “D”

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

DEADLINE DATE
A. Task A – Design Services for Glenn E.

Duncan Splash Pad
By or before October 31, 2025.

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

CITY OF CHINO

PUBLIC WORKS DEPARTMENT

CITY COUNCIL MEETING DATE: MAY 6, 2025

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

SUBJECT
..titl e
Construction Contract to Pacific Hydrotech for State Street Water Treatment Plant (WA212) and Amendments to Professional Services Agreements for the Project. ..end

RECOMMENDATION
..recommendation
Approve (1) Appropriate $38,708,159 from the Water Fund Balance (520); (2) Increase the project budget of the State Street Water Treatment Plant Project (WA212) by $38,708,159 for a revised project budget amount of $58,494,712; (3) Approval to waive bid irregularities and award a Construction Contract to Pacific Hydrotech Corpora tion, for $44,063,900, for the construction of the State Street Water Treatment Plant Project (WA212); (4) Authorize expenditures of up to $4,406,390 for 10% construction contract contingencies as allowable per the Public Contract Code; (5) Approve a fifth amendment to the Design Professional Services Agreement with Hazen and Sawyer, (Agreement No. 2021 -234, for $997,840 for additional engineering and construction support services; (6) Approve an amendment to the Construction Management and Inspection Profe ssional Services Agreement with Butier Engineering, Inc., (Agreement No. 2024 -253), for $607,000 for additional construction management and inspection services; (7) Award a Native American Monitoring Service Agreement with Kizh Nation Resources Management for $290,000; and (8) Authorize the City Manager to execute the necessary documents on behalf of the City.
..body

FISCAL IMPACT
The State Street Water Treatment Plant Project (WA212) requires an appropriation of $38,708,159 from the Water Fund (520) balance with a corresponding increase to the Fiscal Year 2024-25 project budget for WA212 for a revised project budget amount of $58,494,712.

The City Council adopted Resolution No. 2025 -001 authorizing staff to apply for a low -interest federal loan administered through the State Water Resources Control Board under the “Drinking Water State Revolving Fund” (DWSRF) Program for WA212 and the Resolution was approved on January 7, 2025. The State Water Resources Control Board (State Water Board) Financial Assistance Funding Program determined that the WA212 project is eligible for an Emerging Contaminants Grant in the amount of $10,000,000 and a DWSRF Loan amount not to exceed $50,000,000 to be paid back over a 30 -year term. The loan award notice is anticipated to occur in the fourth quarter of FY 2024-25. The City would be obligated to repay expended loan funding in accordance with the terms of the DWSRF financing agreement and program documents.

DWSRF loans are offered at low interest rates (anticipated to be 1.9% upon the execution of the agreement) compared to other lending sources.

This Agreement and any compensation payable by the City, is expressly conditioned and dependent upon the City’s receipt of Federal funds through the State Water Board Financial 76 CITY COUNCIL MEETING DATE: MAY 6, 2025
TITLE: CONSTRUCTION CONTRACT TO PACIFIC HYDROTECH FOR STATE STREET WATER TREATMENT PLANT (WA212) AND AMENDMENTS TO PROFESSIONAL SERVICES AGREEMENTS FOR THE PROJECT.

PAGE: 2

Assistance Agreement, as described in IFB #2024 -018. Until the funds are awarded, an appropriation of $38,708,159 from the Water Fund is necessary to facilitate preliminary administrative processes. However, if the City does not receive the expected Federal funds, or an adequate amount to fulfill the obligations of this Agreement, a formal termination notice will be issued. Once the final DWSRF loan is awarded, a final agreement will be presented to the City Council for approval, formalizing the acceptance of the awarded funds and authorizing the reappropriation of loan proceeds.

Upon receipt of loan and grant disbursement funds for eligible expenditures (e.g. all construction activities, soft cost s associated w ith construction such as engineering design, project management, construction management, inspection, permit fees, and engineering support through construction), current project fund appropriations will be returned to Fund 520 - Water Fund balance.

Project WA212 – Current Project Budget
Fund Adopted Budget Expenditures Available Budget
520 – Water Fund $19,036,553.00 ($3,205,873.06) $15,830,679.94 G7211 – WaterSMART
Grant
$750,000.00 $750,000.00
TOTALS: $19,786,553.00 ($3,205,873.06) $16,580,679.94

Project WA212 – Proposed Appropriations
Fund Remaining
Budget
Appropriation Available Budget
520 – Water Fund $15,830,679.94 $38,708,159.00 $54,538,838.94 G7211 – WaterSMART
Grant
$750,000.00 - $750,000.00
TOTALS: $16,580,679.94 $38,708,159.00 $55,288,838.94

The Estimated Expenditure Plan is shown in the Table below:

Project WA212 – Projected Expenditures
Project Costs Vendor Amount
Design Hazen & Sawyer $2,938,035.00
Construction Pacific Hydrotech $44,063,900.00
Construction Contingency (10%) (1) Pacific Hydrotech $4,406,390.00 Well Rehabilitation for Wells 12 and 14 General Pump
Company $1,788,100.00
77 CITY COUNCIL MEETING DATE: MAY 6, 2025
TITLE: CONSTRUCTION CONTRACT TO PACIFIC HYDROTECH FOR STATE STREET WATER TREATMENT PLANT (WA212) AND AMENDMENTS TO PROFESSIONAL SERVICES AGREEMENTS FOR THE PROJECT.

PAGE: 3

Note: (1) Note that, as in all the City's public works contracts, the contract itself provides the Director of Public Works authority to issue change orders of up to 10% of the original contract amount. When the City Council approves the contract, it approves this authority. Ten percent is generally considered within the normal range of changed conditions on a public works construction project and, by providing change order authority upfront, City Council helps to reduce the possibility of delay on a construction project. (2) Administrative soft costs include but are not limited to engineering redesign, project management, construction management, inspection, permit fees, advertisement costs, and engineering support through construction.

Eligible Funding Sources Eligible Amount
Federal Grant – WaterSMART BOR-DO-20-F002 $750,000.00
Federal Grant Community Program Funds – Norma Torres $2,000,000.00 EPA Emerging Contaminants Grant $10,000,000.00
DWSRF Loan (Approved up to $50 Million) $43,740,892.00
520 – Water Fund $2,003,820.00
$58,494,712.00

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
 Effective Technology

Revenue:

Expenditure: 5207310 – 48004 | 48005 | 48009 –
WA212
Transfer In: Transfer Out:

Well Rehabilitation Contingency General Pump
Company $215,720.00
Project Management Transtech $244,725.00
Construction Management & Inspection Butier $1,934,012.00 Tribal Monitoring Kizh Nation $290,000.00
NRWS Brine Discharge Capacity Purchase Inland Empire Utility Agency (IEUA) $216,944.00
Administrative Soft Costs (2) Various $2,396,886.00
Project Grand Total: $58,494,712.00
78 CITY COUNCIL MEETING DATE: MAY 6, 2025
TITLE: CONSTRUCTION CONTRACT TO PACIFIC HYDROTECH FOR STATE STREET WATER TREATMENT PLANT (WA212) AND AMENDMENTS TO PROFESSIONAL SERVICES AGREEMENTS FOR THE PROJECT.

PAGE: 4

BACKGROUND
The City of Chino (City) owns the reservoir site property located at 10762 Benson Avenue located in the City of Ontario with an existing reservoir and groundwater well. On June 16, 2020, the City Council established a Capital Improvement Program (CIP) Proj ect for the State Street Water Treatment Plant (State Street WTP) Project (WA212) to be constructed at this existing reservoir site.

The City’s Wells 12 and 14 have been inactive since 2018 and 2007 respectively due to impacts from contaminants. As part of the project, these two wells will be rehabilitated and put back into service. The groundwater from these two wells will be conveyed to the new State Street WTP which is a new centralized treatment plant that will treat for nitrate, perchlorate, and 1,2,3 - trichloropropane (1,2,3-TCP). These contaminants have been detected at concentrations above the Maximum Contaminant Levels (MCLs) regulatory limit set by the State Water Resources Control Board (State Water Board) Division of Drinking Water (DDW). The pr oject includes capacity for treating 4,000 gallons per minute; a 1.5 -mile dual 6 -inch diameter high -density polyethylene (HDPE) brine disposal pipeline, raw waterline, fiber optic line, well rehabilitation, and well equipment.

On March 2, 2021, the City 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 WTP. On January 7, 2025, the City Council authorized the fourth amendment to the Design Professional Service Agreement with Hazen and Sawyer resulting in a total agreement increase amount of $242,861 for various additional design support services. A fifth amendment is necessary to ensure continuing support by the Engineering firm through the construction phase.

On October 18, 2022 , staff conducted a public hearing to adopt Resolution No. 2022 -075, adopting a Mitigated Negative Declaration (MND) for the State Street WTP. The MND identified potentially significant environmental impacts from this project and proposed mitigation measures to reduce impacts to less than significant. In accordance with the California Environmental Quality Act (CEQA), a Mitigation Monitoring Reporting Program (MMRP) was also prepared and attached to Resolution No. 2022 -075, which identifi es each mitigation measure, the time it is required to be implemented, and the responsible party for implementation. Staff filed a Notice of Determination with the County of San Bernardino County Clerk and the California Office of Planning and Research Sta te Clearinghouse. Additionally, to comply with a WaterSMART Drought Resiliency grant from the Federal State Bureau of Reclamation (BOR), the National Environmental Policy Act (NEPA) Categorical Exclusion No. 21 -SCAO-023-CX dated July 10, 2023, included the City’s Section 106 of the National Historic Preservation Act (NHPA) submittal and State Historical Preservation Officer (SHPO) concurrence confirming that the tribal consultation was completed. The Categorical Exemption declaration by BOR will make things much simpler from an environmental compliance standpoint. An agreement is needed to ensure CEQA compliance from the cultural resource and tribal monitoring firm throughout the construction phase.

On April 2, 2024, the City Council approved an agreement fo r Professional Services in the amount of $1,327,012 with Butier Engineering, Inc. for the construction management and inspection of the State Street WTP. Originally, the proposal estimated a duration of 380 days for the project. Currently, the construction market for material procurement and delivery has exceeded the original project schedule estimates and is now estimated to be 705 days.

Additionally, funding sources have been made available to the project that were not considered 79 CITY COUNCIL MEETING DATE: MAY 6, 2025
TITLE: CONSTRUCTION CONTRACT TO PACIFIC HYDROTECH FOR STATE STREET WATER TREATMENT PLANT (WA212) AND AMENDMENTS TO PROFESSIONAL SERVICES AGREEMENTS FOR THE PROJECT.

PAGE: 5

at the time of their proposal. The Butier team will ensure additional reporting compliance with all federal and state requirements of the contractors and subcontractors. An additional amendment is necessary to ensure continuing support of Construction Management through the construction phase.

ISSUES/ANALYSIS
The Drinking Water State Revolving Fund (DWSRF ) program is a federal -state partnership that provides communities financing for water system infrastructure improvements to correct system deficiencies and improve the quality of drinking water for the health, safety, and welfare of Californians. Consistent with City Council approval, staff submitted a DWSRF loan application to fund the State Street WTP construction and construction administration phase. Staff successfully submitted primary components of the DWSRF application package, including general; te chnical; environmental and financial information ; and engineering documents.

Concurrently with the DWSRF loan under review, the City released an invitation for bids for the State Street WTP.

On August 13, 2024, the City issued Invitation for Bids (IFB) No . 2024-0018 for the State Street Water Treatment Facility Project (Project No. WA212) via PlanetBids. On September 25, 2024, the City received three (3) bids, which were reviewed for responsiveness, bidder qualifications, and compliance with Disadvantaged Business Enterprise (DBE) participation requirements and Good Faith Effort criteria.

In accordance with the State of California Public Contract Code and the City’s Purchasing Ordinance, staff selected the proposed contractor through a competitive evaluatio n process.

The final bid ranking is provided below:

Rank Contractor Location Cost
1 Pacific Hydrotech Corporation Perris, CA $44,063,900
2 Caliagua, Inc. Anaheim, CA $45,656,150
3 R C Foster Corporation Corona, CA $46,368,660

During the bid analysis, staff identified an irregularity involving a subcontractor who lacked valid registration with the Department of Industrial Relations, in violation of Labor Code Section 1776.

The apparent low bidder, Pacific Hydrotech Corporation, was directed to submit a substitution request, which was reviewed and confirmed. Pacific Hydrotech Corporation holds a valid contractor’s license and has been determined to be the lowest responsive and responsible bidder with a total bid of $44,063,900. All listed subcontractors were also evaluated and deemed responsible. Additionally, a compliance review of the required Good Faith Efforts, pursuant to the Code of Federal Regulations, confirmed responsiveness with federal DBE participation requirements.

The engineer's estimate for construction was $36,913,000. Staff reviewed the bids against the engineer’s estimate and the increased price is attributed to the scale of specialized work required to complete the project in the current bidding climate. The DW SRF loan application review process has extended beyond the anticipated timeframe and is no longer running 80 CITY COUNCIL MEETING DATE: MAY 6, 2025
TITLE: CONSTRUCTION CONTRACT TO PACIFIC HYDROTECH FOR STATE STREET WATER TREATMENT PLANT (WA212) AND AMENDMENTS TO PROFESSIONAL SERVICES AGREEMENTS FOR THE PROJECT.

PAGE: 6

concurrently with the bidding phase. The loan application is currently under legal review with the State having already received acceptance for the t echnical, environmental, and financial package submittals related to the project. Additional City Council action will be necessary to approve and execute the financing agreement with the California State Water Resources Control Board for loan funding anticipated for July of this year.

Mitigation Monitoring Reporting Program (MMRP) has been prepared in compliance with Public Resources Code (PRC) Section 21081.6 and describes the requirements and procedures to be followed by the City of Chino. To ensure that mitigation measures adopted under the Tribal Cultural Resources requirements, staff solicited the Kizh Nation Resources Management of the Gabrieleño Band of Mission Indians -Kizh (Keech -Kit’c) Nation (GBMI) to provide related monitoring services.

The engineer's estimate for construction was $36,913,000. Staff reviewed the bids against the engineer’s estimate and determined that the largest discrepancies were found in the current bid pricing construction market with the historical pricing for similar projec ts prior to the COVID -19 pandemic. Many factors influence bids including the current bidding climate, the contractor’s specialties, and the fact that construction will occur primarily in unincorporated County areas with the potential for unknown field conditions to occur.

Staff recommends that the City Council approve a waiver of the bid irregularity and award a construction contract to Pacific Hydrotech Corporation for $44,063,900. Staff additionally request the authorization of construction contingency funds of $4,406,390 (10% of Construction Contract) consistent with the Public Contract Code to allow the Public Works Director to authorize change orders in a timely manner so as not to incur delays for the Contractor for unknown site conditions or reasonable design modifications if needed.

To provide continuity and support during the extended construction portion of the project, City staff included a fift h amendment to increase Hazen & Sawyer’s engineering services during construction. Staff is recommending an amendment to the design professional services agreement with Hazen & Sawyer for $997,840 for a revised total contract amount of $2,938,035.

Due to the extended increased construction phase schedule, it is recommended to approve an amendment for Butier Engineering, Inc. for construction management and inspection services in the amount of $607,300 for a revised total contract amount of $1,934,012.

To comply with NEPA for Federal grant adherence, it is recommended to approve the Native American Monitoring Agreement for $290,000 to the Kithz Nation Resources Management, for cultural resource and tribal monitoring.

Attachments: Exhibit A – WA212 Vicinity Map
Exhibit B – Contract - Pacific Hydrotech
Exhibit C – PSA Amendment - Hazen & Sawyer
Exhibit D – PSA Amendment - Butier Engineering
Exhibit E – Kizh Nation Resources Management Agreement

81 EXHIBIT A - WA212 VICINITY MAP

STATE STREET WATER

TREATMENT PLANT
San Bernardino County, Bureau of Land Management, Esri, HERE, Garmin,

INCREMENT P, NGA, USGS
San
Bernardino
County,
82 Contract No.:

Approved:

AGREEMENT

State Street Water Treatment Plant Project
Project No. WA212

THIS AGREEMENT is made and entered into this 6th day of May, 2025 by and between THE CITY OF CHINO, a municipal corporation, hereinafter called “City”, and Pacific Hydrotech Corporation, hereinafter called “Contractor”.

RECITALS

WHEREAS, the U.S. Bureau of Reclamation “USBR” has awarded a Federal grant to the City of Chino.

Grant No. R21AP10039-00 for the amount of $750,000.

WHEREAS, the U.S. Environmental Protection Agency “EPA” has appropriated Community Project Funding (CPF) as referred to in the House of Representatives to the City of Chino. Federal assistance for the City’s water infrastructure CPF project is further referred to as Community Grant in the amount of $2,000,000.

WHEREAS, the State Water Board has engaged with the City to assist the State Water Board in utilizing Federal Funds to carry out a portion of the work. The portion of the State Water Board’s Federal Funds available for Project No. WA212 is a low-interest loan in the maximum amount of $50,000,000 and an Emerging Contaminant Grant in the amount of $10,000,000, pursuant to a Drinking Water Construction Installment Sale Grant and Loan Agreement for the 3610012-008C Project.

WHEREAS, City has sought, by issuance of an Invitation for Bids, the performance of the services defined herein.

WHEREAS, Following submission of the lowest responsible and responsive bid for the performance of the services, Contractor was selected by the City to perform those services.

WHEREAS, Pursuant to the City of Chino Municipal Code and California state law, City has authority to enter into and execute this Agreement.

WHEREAS, The Parties desire to formalize the selection of Contractor for performance of the services and desire that the terms of that performance be as particularly defined and described herein.

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 State Street Water Treatment Facility, Project No. WA212 in a good and workmanlike manner in accordance with all plans and specifications therefor, to furnish at Contractor’s sole cost and expense all tools, equipment, labor, and materials necessary therefor, except such materials and equipment as are expressly stipulated to be furnished by City, and to do everything required by the Contract Documents.

ARTICLE II: Contractor shall be responsible for furnishing all labor, materials, equipment, tools, and services, furnishing and removing all plants, temporary structures, tools, and equipment, and doing everything required by this Agreement and by the Contract Documents. Contractor shall also be responsible for all losses and damages arising out of the performance of the Work, from the action of the elements, or from any unforeseen difficulties that may arise during the prosecution of the Work until its acceptance by 83 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 Forty-Four Million, Sixty-Three Thousand, Nine Hundred Dollars and Zero Cents ($44,063,900.00) for completion of the contract work. Contractor agrees and acknowledges that this Agreement and any compensation payable by City hereunder is expressly conditioned and dependent on the City’s receipt of Federal Funds through the State Water Board Financial Assistance Agreement, as described in IFB#2024-018. Should the City not receive such Federal Funds or an adequate amount of such funds to meet the obligations under this Agreement, the City will issue an appropriate notification of the termination of this Agreement.

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 will be issued a Notice to Proceed for Procurement within 48-hours after Award of Contract by the City Council and the City’s receipt of Federal Funds through the State Water Board Financial Assistance Agreement, as described in IFB#2024-018 and the execution of the Contract between City and Contractor, and shall begin work within fifty-five (55) calendar days after receiving a Notice to Proceed for Procurement from the City and the procurement period shall not exceed sixty (60) calendar days. Contract Time shall commence on the date of issuance of a Notice to Proceed with Construction, the Contractor shall begin work within fifteen (15) calendar days and shall be completed within seven hundred five calendar days (705) (by no later than December 2027). If the work is not completed within said time period, liquidated damages in the amount of $13,750 per calendar day shall apply.

ARTICLE V: The Addendums, Notice Inviting Bids, the Bid Schedule / Summary of Work, the Instructions to Bidders, the Bid Documents, the Required Post-Bid Documents, the General Provisions, the Special Provisions, the Technical Specifications, the Project Manuals, Appendices, and all other drawing, plans, specifications or permits from jurisdictional regulatory agencies for the Work (collectively, “Contract Documents”) are hereby incorporated into and made part of this Agreement.

ARTICLE VI: Contractor shall indemnify, defend with legal counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, cost (including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out 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.

84 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.

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.

ARTICLE XIV: AMERICAN IRON AND STEEL (AIS) REQUIREMENTS. The Contractor acknowledges to and for the benefit of the City of Chino (City) and the State of California (State) that it understands the goods and services under this Agreement are being funded with monies made available be the Drinking Water State Revolving Fund (DWSRF) that have statutory requirements commonly known as “American Iron and Steel;” that requires all of the iron and steel products used in the project to be produced in the United States (“American Iron and Steel Requirement”) including iron and steel products provided by the Contractor pursuant to this Agreement. The Contractor hereby represents and warrants to and for the benefit of the City and the State that:
(a) The Contractor has reviewed and understands the American Iron and Steel Requirement, (b) all of the iron and steel products used in the project will be and/or have been produced in the United States in a manner that complies with the American Iron and Steel Requirement, unless a waiver of the requirement is approved, and
(c) the Contractor will provide any further verified information, certification or assurance of compliance with this paragraph, or information necessary to support a waiver of the American Iron and Steel Requirement, as may be requested by the City or the State. 85 Notwithstanding any other provision of this Agreement, any failure to comply with American Iron and Steel (AIS) Requirements the Contractor shall permit the City or State to recover as damages against the Contractor any loss, expense, or cost (including without limitation attorney’s fees) incurred be the City or State resulting from any such failure (including without limitation any impairment or loss of funding, whether in whole or in part, from the State or any damages owed to the State by the City). While the Contractor has no direct contractual privity with the State, as a lender to the City for the funding of this project, the City and the Contractor agree that the State is a third-party beneficiary and neither this paragraph (nor any other provision of this Agreement necessary to this paragraph force or effect) shall be amended or waived without the prior written consent of the State.

ARTICLE XV: The Contractor acknowledges compliance with the procurement requirements in 2 CFR Part 200, 2 CFR Part 1500, and/or 40 CFR Part 33 or the General Terms and Conditions of EPA Grants. The following exhibits are additional provisions that are incorporated into this Agreement and are binding. Any provisions in EXHIBIT A – EPA GENERAL TERMS AND CONDITIONS, EFFECTIVE OCTOBER 1, 2023, EXHIBIT B – GOVERNMENT FUNDED GRANT PROVISIONS, EXHIBIT C – DAVIS-BACON REQUIREMENTS FOR DWSRF PROJECTS, and EXHIBIT D – STATE WATER BOARD PROVISIONS, PROVISIONS that are not applicable to Contractor or its subcontractors is considered self-deleting. In the event of conflicting provisions, the order of precedence shall be in the following order:

1. Agreement

2. EXHIBIT A – EPA GENERAL TERMS AND CONDITIONS, EFFECTIVE OCTOBER 1, 2023

3. EXHIBIT B – GOVERNMENT FUNDED GRANT PROVISIONS

4. EXHIBIT C – DAVIS-BACON REQUIREMENTS FOR DWSRF PROJECTS/ DOL WAGE NUMBER CA20240026 AS OF 09/06/2024

5. EXHIBIT D – STATE WATER BOARD GENERAL TERMS AND CONDITIONS

[SIGNATURES ON FOLLOWING PAGE]

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

Approved as to Form: Approved as to Content:

Fred Galante Hye Jin Lee, P. E.

City Attorney Director of Public Works

PACIFIC HYDROTECH CORPORATION:

Dated: By:

(Signature)
Name:
(Please Type or Print Name)
Title:
(Please Type or Print Title)

CITY OF CHINO:

Dated:

Dr. Linda Reich, City Manager

ATTEST:

Natalie Gonzaga, City Clerk

Date

87 Revision History:

The Environmental Protection Agency’s General Terms and Conditions are published and become effective October 1st at the start of the federal fiscal year. Any additions, revisions, or changes to the terms and conditions after October 1 will be summarized below.

T&C Number Effective Date Description of Changes
#48 October 23, 2023 Implements new Office of Management and Budget (OMB) guidance on the Buy America preference for
infrastructure projects.
#5 January 12, 2024 Removed the customer service line for Research Triangle Park Finance Center (RTPFC).
#8 May 21, 2024 Added clarifying guidance on Subawards to Federal Agencies.
#33 May 21, 2024 Updated in accordance with 40 CFR 26 and EPA Order 1000.17A for human subjects research.

Table of Contents
Preface ................................................................................................................................................................................ 2 Financial Information .......................................................................................................................................................... 3 Selected Items of Cost ........................................................................................................................................................ 5 Reporting and Additional Post-Award Requirements ....................................................................................................... 10 Programmatic General Terms and Conditions .................................................................................................................. 25 Public Policy Requirements ............................................................................................................................................... 33

AGREEMENT EXHIBIT A
EPA General Terms and Conditions effective October 1, 2023 or later* City of Chino Project: WA212
DWSRF Project: 3610012-008C
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Preface

1. Introduction
(a) The recipient and any sub-recipient must comply with the applicable EPA general terms and conditions outlined below. These terms and conditions are in addition to the assurances and certifications made as part of the award and terms, conditions, and restrictions reflected on the official assistance award document. Recipients must review their official award document for additional administrative and programmatic requirements. Failure to comply with the general terms and conditions outlined below and those directly reflected on the official assistance award document may result in enforcement actions as outlined in 2 CFR 200.339 and 2 CFR 200.340. (b) If the EPA General Terms and Conditions have been revised, EPA will update the terms and conditions when it provides additional funding (incremental or supplemental) prior to the end of the period of performance of this agreement. The recipient must comply with the revised terms and conditions after the effective date of the EPA action that leads to the revision. Revised terms and conditions do not apply to the recipient’s expenditures of EPA funds or activities the recipient carries out prior to the effective date of the EPA action. EPA will inform the recipient of revised terms and conditions in the action adding additional funds.

2. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards
This award is subject to the requirements of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards; Title 2 CFR Part 200 and 2 CFR Part 1500. 2 CFR 1500.2, Adoption of 2 CFR Part 200, states the Environmental Protection Agency adopts the Office of Management and Budget (OMB) guidance Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards to Non-Federal Entities (subparts A through F of 2 CFR Part 200), as supplemented by 2 CFR Part 1500, as the Environmental Protection Agency (EPA) policies and procedures for financial assistance administration. 2 CFR Part 1500 satisfies the requirements of 2 CFR 200.110(a) and gives regulatory effect to the OMB guidance as supplemented by 2 CFR Part 1500. This award is also subject to applicable requirements contained in EPA programmatic regulations located in 40 CFR Chapter 1 Subchapter B.

2.1 Effective Date and Incremental or Supplemental Funding. Consistent with the OMB Frequently Asked Questions at https://cfo.gov/cofar on Effective Date and Incremental Funding, any new funding through an amendment (supplemental or incremental) on or after December 26, 2014, and any unobligated balances (defined at 2 CFR 200.1) remaining on the award at the time of the amendment, will be subject to the requirements of the Uniform Administrative Requirements, Cost Principles and Audit Requirements (2 CFR Parts 200 and 1500).

3. Termination
Consistent with 2 CFR 200.340, EPA may unilaterally terminate this award in whole or in part:
(a) If a recipient fails to comply with the terms and conditions of the award including statutory or regulatory requirements; or

AGREEMENT EXHIBIT A
EPA General Terms and Conditions effective October 1, 2023 or later* City of Chino Project: WA212
DWSRF Project: 3610012-008C
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(b) If the award no longer effectuates the program goals or agency priorities. Situations in which EPA may terminate an award under this provision include when:
i. EPA obtains evidence that was not considered in making the award that reveals that specific award objective(s) are ineffective at achieving program goals and EPA determines that it is in the government’s interest to terminate the award; ii. EPA obtains evidence that was not considered in making the award that causes EPA to significantly question the feasibility of the intended objective(s) of the award and EPA determines that it is in the government’s interest to terminate the award; iii. EPA determines that the objectives of the award are no longer consistent with funding priorities for achieving program goals.

Financial Information

4. Reimbursement Limitation
EPA’s financial obligations to the recipient are limited by the amount of federal funding awarded to date as reflected on the award document. If the recipient incurs costs in anticipation of receiving additional funds from EPA, it does so at its own risk. See 2 CFR 1500.9.

5. Automated Standard Application Payments (ASAP) and Proper Payment Draw Down

Electronic Payments. Recipients must be enrolled or enroll in the Automated Standard Application for Payments (ASAP) system to receive payments under EPA financial assistance agreements unless:
• EPA grants a recipient-specific exception;
• The assistance program has received a waiver from this requirement; • The recipient is exempt from this requirement under 31 CFR 208.4; or, • The recipient is a fellowship recipient pursuant to 40 CFR Part 46.

EPA will not make payments to recipients until the ASAP enrollment requirement is met unless the recipients fall under one of the above categories. Recipients may request exceptions using the procedures below but only EPA programs may obtain waivers. To enroll in ASAP, complete the ASAP Initiate Enrollment Form located at: https://www.epa.gov/financial/forms and email it to rtpfc- [email protected] o r mail it to:

US Environmental Protection Agency
RTP-Finance Center (Mail Code AA216-01)
4930 Page Rd.

Durham, NC 27711

Under this payment mechanism, the recipient initiates an electronic payment request online via ASAP, which is approved or rejected based on the amount of available funds authorized by EPA in the recipient’s ASAP account. Approved payments are credited to the account at the financial institution of the recipient organization set up by the recipient during the ASAP enrollment process.

Additional information concerning ASAP and enrollment can be obtained by contacting the EPA

AGREEMENT EXHIBIT A
EPA General Terms and Conditions effective October 1, 2023 or later* City of Chino Project: WA212
DWSRF Project: 3610012-008C
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Research Triangle Park Finance Center (RTPFC), at [email protected], or by visiting:
https://www.fiscal.treasury.gov/asap/.

EPA will grant exceptions to the ASAP enrollment requirement only in situations in which the recipient demonstrates to EPA that receiving payment via ASAP places an undue administrative or financial management burden on the recipient or EPA determines that granting the waiver is in the public interest. Recipients may request an exception to the requirement by following the procedures specified in RAIN-2018-G06-R.

Proper Payment Drawdown (for recipients other than states) (a) As required by 2 CFR 200.305(b), the recipient must draw funds from ASAP only for the minimum amounts needed for actual and immediate cash requirements to pay employees, contractors, subrecipients or to satisfy other obligations for allowable costs under this assistance agreement. The timing and amounts of the drawdowns must be as close as administratively feasible to actual disbursements of EPA funds. Disbursement within 5 business days of drawdown will comply with this requirement and the recipient agrees to meet this standard when performing this award.
(b) Recipients may not retain more than 5% of the amount drawn down, or $1,000 whichever is less, 5 business days after drawdown to materially comply with the standard. Any EPA funds subject to this paragraph that remain undisbursed after 5 business days must be fully disbursed within 15 business days of draw down or be returned to EPA. (c) If the recipient draws down EPA funds in excess of that allowed by paragraph b., the recipient must contact [email protected] for instructions on whether to return the funds to EPA.

Recipients must comply with the requirements at 2 CFR 200.305(b)(8) and (9) regarding depositing advances of Federal funds in interest bearing accounts. (d) Returning Funds: Pay.gov is the preferred mechanism to return funds. It is free, secure, paperless, expedient, and does not require the recipient/vendor to create an account. Contact RTPFC-Grants at [email protected] to obtain complete instructions. Additional information is available at the Pay.gov website. Information on how to repay EPA via check is available at https://www.epa.gov/financial/makepayment. Instructions on how to return funds to EPA electronically via ASAP are available at https://www.fiscal.treasury.gov/asap/. (e) Failure on the part of the recipient to materially comply with this condition may, in addition to EPA recovery of the un-disbursed portions of the drawn down funds, lead to changing the payment method from advance payment to a reimbursable basis. EPA may also take other remedies for noncompliance under 2 CFR 200.208 and/or 2 CFR 200.339. (f) If the recipient believes that there are extraordinary circumstances that prevent it from complying with the 5-business day disbursement requirement throughout the performance period of this agreement, recipients may request an exception to the requirement by following the procedures specified in RAIN-2018-G06-R. EPA will grant exceptions to the 5-business day disbursement requirement only if the recipient demonstrates that compliance places an undue

AGREEMENT EXHIBIT A
EPA General Terms and Conditions effective October 1, 2023 or later* City of Chino Project: WA212
DWSRF Project: 3610012-008C
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administrative or financial management burden or EPA determines that granting the exception is in the public interest.

Proper Payment Drawdown for State Recipients
In accordance with 2 CFR 200.305(a), payments are governed by Treasury-State Cash Management Improvement Act (CMIA) agreements and default procedures codified at 31 CFR Part 205, Subparts A and B and Treasury Financial Manual (TFM) 4A-2000, “Overall Disbursing Rules for All Federal Agencies” u nless a program specific regulation (e.g. 40 CFR 35.3160 or 40 CFR 35.3 560) provides otherwise. Pursuant to 31 CFR Part 205, Subpart A—Rules Applicable to Federal Assistance Programs Included in a Treasury-State Agreement, S tates follow their Treasury -State CMIA Agreement for major Federal programs listed in the agreement. For those programs not listed as major in the Treasury-State agreement, the State follows the default procedures in 31 CFR Part 205, Subpart B— Rules Applicable to Federal Assistance Programs Not Included in a Treasury-State Agreement, which directs State recipients to draw-down and disburse Federal financial assistance funds in anticipation of immediate cash needs of the State for work under the award. States must comply with 2 CFR 200.302(a) in reconciling costs incurred and charged to EPA financial assistance agreements at time of close out unless a program specific regulation provides otherwise.

Selected Items of Cost

6. Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment This term and condition implements 2 CFR 200.216 and is effective for obligations and expenditures of EPA financial assistance funding on or after 8/13/2020.

As required by 2 CFR 200.216, EPA recipients and subrecipients, including borrowers under EPA funded revolving loan fund programs, are prohibited from obligating or expending loan or grant funds to procure or obtain; extend or renew a contract to procure or obtain; or enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities).

Recipients, subrecipients, and borrowers also may not use EPA funds to purchase:
(a) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities).
(b) Telecommunications or video surveillance services provided by such entities or using such equipment.

AGREEMENT EXHIBIT A
EPA General Terms and Conditions effective October 1, 2023 or later* City of Chino Project: WA212
DWSRF Project: 3610012-008C
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(c) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Consistent with 2 CFR 200.471, costs incurred for telecommunications and video surveillance services or equipment such as phones, internet, video surveillance, and cloud servers are allowable except for the following circumstances:
(a) Obligating or expending EPA funds for covered telecommunications and video surveillance services or equipment or services as described in 2 CFR 200.216 to:
(1) Procure or obtain, extend or renew a contract to procure or obtain; (2) Enter into a contract (or extend or renew a contract) to procure; or (3) Obtain the equipment, services, or systems.

Certain prohibited equipment, systems, or services, including equipment, systems, or services produced or provided by entities identified in section 889, are recorded in the System for Award Management e xclusion list.

7. Consultant Cap
EPA participation in the salary rate (excluding overhead) paid to individual consultants retained by recipients or by a recipient's contractors or subcontractors shall be limited to the maximum daily rate for a Level IV of the Executive Schedule, available at: https://www.opm.gov/policy-data- oversight/pay-leave/salaries-wages/, to be adjusted annually. This limit applies to consultation services of designated individuals with specialized skills who are paid at a daily or hourly rate. This rate does not include transportation and subsistence costs for travel performed (the recipient will pay these in accordance with their normal travel reimbursement practices).

Information on how to calculate the maximum daily rate and the daily pay limitation is available at the Office Of Personnel Management’s Fact Sheet: How to Compute Rates of Pay and Fact Sheet:

Expert and Consultant Pay. Sp ecifically, to determine the maximum daily rate, follow these steps:
(1) Divide the Level IV salary by 2087 to determine the hourly rate. Rates must be rounded to the nearest cent, counting one-half cent and over as the next higher cent (e.g., round $18.845 to $18.85).
(2) Multiply the hourly rate by 8 hours. The product is the maximum daily rate.

Contracts and subcontracts with firms for services that are awarded using the procurement requirements in Subpart D of 2 CFR Part 200 are not affected by this limitation unless the terms of the contract provide the recipient with responsibility for the selection, direction and control of the individuals who will be providing services under the contract at an hourly or daily rate of compensation. See 2 CFR 1500.10.

AGREEMENT EXHIBIT A
EPA General Terms and Conditions effective October 1, 2023 or later* City of Chino Project: WA212
DWSRF Project: 3610012-008C
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8. Establishing and Managing Subawards
If the recipient chooses to pass funds from this assistance agreement to other entities, the recipient must comply with applicable provisions of 2 CFR Part 200 and the EPA Subaward Policy.

Subawards to Federal Agencies – Clarity on Applicable EPA Terms and Conditions: If the subrecipient is federal agency, the only provisions of the EPA General Terms and Conditions implementing 2 CFR Part 200 on subawards that apply are: (1) the requirement for the federal agency to obtain a Unique Entity Identifier (UEI) in accordance with 2 CFR Part 25 as described in Item 3 below and (2) the requirement for the recipient to report on first-tier subawards as described in EPA General Term and Condition 15.1, “Reporting of first tier subawards.” As provided within 2 CFR 200.101(a)(2), all other provisions of 2 CFR Part 200, Subparts A through E, do not apply to subawards with federal agencies. Transactions between the recipient and the federal agency subrecipient will be governed by the federal agency subrecipient’s cost reimbursement agreement with the recipient.

As a pass-through entity, the recipient agrees to:
1) Be responsible for selecting subrecipients and as appropriate conducting subaward competitions using a system for properly differentiating between subrecipients and procurement contractors under the standards at 2 CFR 200.331 and EPA’s supplemental guidance in Appendix A of the EPA Subaward Policy.
(a) For-profit organizations and individual consultants, in almost all cases, are not eligible subrecipients under EPA financial assistance programs and the pass-through entity must obtain prior written approval from EPA’s Award Official for subawards to these entities unless the EPA- approved budget and work plan for this agreement contain a precise description of such subawards.
(b) Stipends and travel assistance for trainees (including interns) and similar individuals who are not are not employees of the pass-through entity must be classified as participant support costs rather than subawards as provided in 2 CFR 200.1 Participant support costs, 2 CFR 200.1 Subaward, and EPA’s Guidance on Participant Support Costs.
(c) Subsidies, rebates and similar payments to participants in EPA funded programs to encourage environmental stewardship are also classified as Participant support costs as provided in 2 CFR 1500.1 and EPA’s Guidance on Participant Support Costs. 2) Establish and follow a system that ensures all subaward agreements are in writing and contain all of the elements required by 2 CFR 200.332(a). EPA has developed a template for subaward agreements that is available in Appendix D of the EPA Subaward Policy. 3) Prior to making subawards, ensure that each subrecipient has a “Unique Entity Identifier (UEI).” The UEI is required by 2 CFR Part 25 and 2 CFR 200.332(a)(1). Subrecipients are not required to complete full System for Award Management (SAM) registration to obtain a UEI. Information regarding obtaining a UEI is available at the SAM Internet site: https://www.sam.gov/SAM/ and

AGREEMENT EXHIBIT A
EPA General Terms and Conditions effective October 1, 2023 or later* City of Chino Project: WA212
DWSRF Project: 3610012-008C
94

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in EPA’s General Term and Condition “System for Award Management and Universal Identifier Requirements” of the pass-through entity’s agreement with the EPA. 4) Ensure that subrecipients are aware that they are subject to the same requirements as those that apply to the pass-through entity’s EPA award as required by 2 CFR 200.332(a)(2). These requirements include, among others:
(a) Title VI of the Civil Rights Act and other Federal statutes and regulations prohibiting discrimination in Federal financial assistance programs, as applicable. (b) Reporting Subawards and Executive Compensation under Federal Funding Accountability and Transparency Act (FFATA) set forth in the General Condition pass- through entity’s agreement with EPA entitled “Reporting Subawards and Executive Compensation.”

(c) Limitations on individual consultant fees as set forth in 2 CFR 1500.10 and the General Condition of the pass-through entity’s agreement with EPA entitled “Consultant Fee Cap.”
(d) EPA’s prohibition on paying management fees as set forth in General Condition of the pass-through entity’s agreement with EPA entitled “Management Fees.” (e) The Procurement Standards in 2 CFR Part 200 including those requiring competition when the subrecipient acquires goods and services from contractors (including consultants).

EPA provides general information on other statutes, regulations, and Executive Orders on the Grants internet site at https://www.epa.gov/grants/epa-subaward-cross-cutter-requirements.

Many Federal requirements are agreement or program specific, and EPA encourages pass- through entities to review the terms of their assistance agreement carefully and consult with their EPA Project Officer for advice if necessary.
5) Ensure, for states and other public recipients, that subawards are not conditioned in a manner that would disadvantage applicants for subawards based on their religious character. 6) Establish and follow a system for evaluating subrecipient risks of noncompliance with Federal statutes, regulations and the terms and conditions of the subaward as required by 2 CFR 200.332(b) an d document the evaluation. Risk factors may include:
(a) Prior experience with same or similar subawards
(b) Results of previous audits;
(c) Whether new or substantially changed personnel or systems, and; (d) Extent and results of Federal awarding agency or the pass-through entity’s monitoring 7) Establish and follow a process for deciding whether to impose additional requirements on subrecipients based on risk factors as required by 2 CFR 200.332(c). Examples of additional requirements authorized by 2 CFR 200.208 include:
(a) Requiring payments as reimbursements rather than advance payments; (b) Withholding authority to proceed to the next phase until receipt of evidence of acceptable performance within a given period of performance;

AGREEMENT EXHIBIT A
EPA General Terms and Conditions effective October 1, 2023 or later* City of Chino Project: WA212
DWSRF Project: 3610012-008C
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(c) Requiring additional, more detailed financial reports; (d) Requiring additional project monitoring;
(e) Requiring the non-Federal entity to obtain technical or management assistance, and (f) Establishing additional prior approvals
8) Establish and follow a system for monitoring subrecipient performance that includes the elements required by 2 CFR 200.332(d) and report the results of the monitoring in performance reports as provided in the reporting terms and conditions of this agreement. 9) Establish and maintain an accounting system which ensures compliance with the $25,000 limitation at 2 CFR 200.1, Modified Total Direct Costs, if applicable, on including subaward costs in Modified Total Direct Costs for the purposes of distributing indirect costs. Recipients with Federally approved indirect cost rates that use a different basis for distributing indirect costs to subawards must comply with their Indirect Cost Rate Agreement. 10) Work with EPA’s Project Officer to obtain the written consent of EPA’s Office of International and Tribal Affairs (OITA), prior to awarding a subaward to a foreign or international organization, or a subaward to be performed in a foreign country even if that subaward is described in a proposed scope of work.
11) Obtain written approval from EPA’s Award Official for any subawards that are not described in the approved work plan in accordance with 2 CFR 200.308. 12) Obtain the written approval of EPA’s Award Official prior to awarding a subaward to an individual if the EPA-approved scope of work does not include a description of subawards to individuals.
13) Establish and follow written procedures under 2 CFR 200.302(b)(7) for determining that subaward costs are allowable in accordance with 2 CFR Part 200, Subpart E and the terms and conditions of this award. These procedures may provide for allowability determinations on a pre-award basis, through ongoing monitoring of costs that subrecipients incur, or a combination of both approaches provided the pass-through entity documents its determinations. 14) Establish and maintain a system under 2 CFR 200.332(d)(3) and 2 CFR 200.521 for issuing management decisions for audits of subrecipients that relate to Federal awards. However, the recipient remains accountable to EPA for ensuring that unallowable subaward costs initially paid by EPA are reimbursed or mitigated through offset with allowable costs whether the recipient recovers those costs from the subrecipient or not.
15) As provided in 2 CFR 200.333, pass-through entities must obtain EPA approval to make fixed amount subawards. EPA is restricting the use of fixed amount subawards to a limited number of situations that are authorized in official EPA pilot projects. Recipients should consult with their EPA Project Officer regarding the status of these pilot projects.

By accepting this award, the recipient is certifying that it either has systems in place to comply with the requirements described in Items 1 through 14 above or will refrain from making subawards until the systems are designed and implemented.

AGREEMENT EXHIBIT A
EPA General Terms and Conditions effective October 1, 2023 or later* City of Chino Project: WA212
DWSRF Project: 3610012-008C
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9. Management Fees
Management Fees or similar charges in excess of the direct costs and approved indirect rates are not allowable. The term "management fees or similar charges" refers to expenses added to the direct costs in order to accumulate and reserve funds for ongoing business expenses; unforeseen liabilities; or for other similar costs which are not allowable under this assistance agreement.

Management fees or similar charges may not be used to improve or expand the project funded under this agreement, except to the extent authorized as a direct cost of carrying out the scope of work.

10. Federal Employee Costs
The recipient understands that none of the funds for this project (including funds contributed by the recipient as cost sharing) may be used to pay for the travel of Federal employees or for other costs associated with Federal participation in this project unless a Federal agency will be providing services to the recipient as authorized by a Federal statute.

11. Foreign Travel
EPA policy requires that all foreign travel must be approved by its Office of International and Tribal Affairs. The recipient agrees to obtain prior EPA approval before using funds available under this agreement for international travel unless the trip(s) are already described in the EPA approved budget for this agreement. Foreign travel includes trips to Mexico and Canada but does not include trips to Puerto Rico, the U.S. Territories or possessions. Recipients that request post-award approval to travel frequently to Mexico and Canada by motor vehicle (e.g., for sampling or meetings) may describe their proposed travel in general terms in their request for EPA approval. Requests for prior approval must be submitted to the Project Officer for this agreement.

12. The Fly America Act and Foreign Travel
The recipient understands that all foreign travel funded under this assistance agreement must comply with the Fly America Act. All travel must be on U.S. air carriers certified under 49 U.S.C.

Section 40118, to the extent that service by such carriers is available even if foreign air carrier costs are less than the American air carrier.

13. Union Organizing
Grant funds may not be used to support or oppose union organizing, whether directly or as an offset for other funds.

Reporting and Additional Post-Award Requirements

14. System for Award Management and Universal Identifier Requirements

14.1 Requirement for System for Award Management (SAM) Unless exempted from this requirement under 2 CFR 25.110, the recipient must maintain current information in the SAM. This includes information on the recipient’s immediate and highest-level owner and subsidiaries, as well as on all the recipient’s predecessors that have been

AGREEMENT EXHIBIT A
EPA General Terms and Conditions effective October 1, 2023 or later* City of Chino Project: WA212
DWSRF Project: 3610012-008C
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awarded a Federal contract or Federal financial assistance within the last three years, if applicable, until the submittal of the final financial report required under this award or receipt of the final payment, whichever is later. This requires that the recipient reviews and updates the information at least annually after the initial registration, and more frequently if required by changes in the information or another award term.

14.2 Requirement for Unique Entity Identifier. If the recipient is authorized to make subawards under this award, the recipient:
a. Must notify potential subrecipients that no entity (see definition in paragraph

14.3 of this award term) may receive a subaward unless the entity has provided its Unique Entity Identifier.
b. May not make a subaward to an entity unless the entity has provided its Unique Entity Identifier. Subrecipients are not required to obtain an active SAM registration but must obtain a Unique Entity Identifier.

14.3 Definitions. For the Purpose of this award term:
a. System for Award Management (SAM) means the Federal repository into which an entity must provide information required for the conduct of business as a recipient. Additional information about registration procedures may be found at the SAM Internet site: https://www.sam.gov/SAM/.
b. Unique Entity Identifier means the identifier assigned by SAM to uniquely identify business entities
c. Entity includes non-Federal entities as defined as 2 CFR 200.1 and also includes all of the following:

14.3.c.1. A foreign organization;

14.3.c.2. A foreign public entity;

14.3.c.3. A domestic for-profit organization; and

14.3.c.4. A domestic or foreign for-profit organization; and

14.3.c.5. A Federal agency.
d. Subaward is defined at 2 CFR 200.1
e. Subrecipient is defined at 2 CFR 200.1

15. Reporting Subawards and Executive Compensation

15.1 Reporting of first tier subawards.
a. Applicability. Unless the recipient is exempt as provided in paragraph 15.4. of this award term, the recipient must report each action that obligates $30,000 or more in Federal funds for a subaward to a non-Federal entity or Federal agency (see definitions in paragraph 15.5 of this award term). b. Where and When to Report. (1) The recipient must report each obligating action described in paragraph 15.1.a of this award term to www.fsrs.gov. (2) For subaward information, report no later than the end of the month following the month in which the obligation was made. (For example, if the obligation was made on any date during the month of November of a given year, the obligation must be reported by no later than December 31 of that year.)

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c. What to Report. The recipient must report the information about each obligating action as described in the submission instructions available at:
http://www.fsrs.gov.

15.2 Reporting Total Compensation of Recipient Executives. a. Applicability and What to Report. The recipient must report total compensation for each of their five most highly compensated executives for the preceding completed fiscal year, if:

15.2.a.1. The total Federal funding authorized to date under this award is $30,000 or more;

15.2.a.2. In the preceding fiscal year, the recipient received: (i.) 80 percent or more of their annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); (ii.) and $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and

15.2.a.3. The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at:
http:// www.sec.gov/answers/execomp.htm.)
b. Where and When to Report. The recipient must report executive total compensation described in paragraph 15.2.a of this award term: (i.) As part of the registration System for Award Management profile available at https://www.sam.gov/SAM/ (ii.) By the end of the month following the month in which this award is made, and annually thereafter.

15.3 Reporting Total Compensation of Subrecipient Executives. a. Applicability and What to Report. Unless exempt as provided in paragraph 15.4. of this award term, for each first-tier non-Federal entity subrecipient under this award, the recipient shall report the names and total compensation of each of the subrecipient’s five most highly compensated executives for the subrecipient’s preceding completed fiscal year, if:

15.3.a.1. In the subrecipient’s preceding fiscal year, the subrecipient received: (i.) 80 percent or more of its annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and (ii.) $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts), and Federal financial assistance subject to the Transparency Act (and subawards); and

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15.3.a.2. The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at:
http:// www.sec.gov/answers/execomp.htm.)
b. Where and When to Report. The recipient must report subrecipient executive total compensation described in paragraph 15.3.a. of this award term:

15.3.b.1. To the recipient.

15.3.b.2. By the end of the month following the month during which the recipient makes the subaward. For example, if a subaward is obligated on any date during the month of October of a given year (i.e., between October 1 and 31), the recipient must report any required compensation information of the subrecipient by November 30 of that year.

15.4 Exemptions
a. If, in the previous tax year, the recipient had gross income, from all sources, under $300,000, the recipient is exempt from the requirements to report:

15.4.a.1. (i) subawards, and (ii) the total compensation of the five most highly compensated executives of any subrecipient.

15.5 Definitions. For purposes of this award term:
a. Federal Agency means a Federal agency as defined at 5 U.S.C. 551(1) and further clarified by 5 U.S.C 552(f).
b. Non-Federal entity means all of the following, as defined in 2 CFR Part 25: (i.) A Governmental organization, which is a State, local government, or Indian tribe; (ii.) A foreign public entity; (iii.) A domestic or foreign nonprofit organization; and (iv.) A domestic or foreign for-profit organization. c. Executive means officers, managing partners, or any other employees in management positions.
d. Subaward:

15.5.d.1. This term means a legal instrument to provide support for the performance of any portion of the substantive project or program for which you received this award and that you as the recipient award to an eligible subrecipient.

15.5.d.2. The term does not include procurement of property and services needed to carry out the project or program (for further explanation, see 2 CFR 200.331).

15.5.d.3. A subaward may be provided through any legal agreement, including an agreement that the recipient or a subrecipient considers a contract.
e. Subrecipient means a non-Federal entity or Federal agency that:

15.5.e.1. Receives a subaward from the recipient under this award; and

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15.5.e.2. Is accountable to the recipient for the use of the Federal funds provided by the subaward.
f. Total compensation means the cash and noncash dollar value earned by the executive during the recipient’s or subrecipient’s preceding fiscal year and includes the following (for more information see 17 CFR 229.402(c)(2)):

15.5.f.1. Salary and bonus.

15.5.f.2. Awards of stock, stock options and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2004) (FAS 123R), Shared Based Payments.

15.5.f.3. Earnings for services under non-equity incentive plans. This does not include group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives and are available generally to all salaried employees.

15.5.f.4. Change in pension value. This is the change in present value of defined benefit and actuarial pension plans.

15.5.f.5. Above-market earnings on deferred compensation which is not tax- qualified.

15.5.f.6. Other compensation, if the aggregate value of all such other compensation (e.g., severance, termination payments, value of life insurance paid on behalf of the employee, perquisites, or property) for the executive exceeds $10,000.

16. Recipient Integrity and Performance Matters – Reporting of Matters Related to Recipient Integrity and Performance

16.1 General Reporting Requirement
If the total value of your currently active grants, cooperative agreements, and procurement contracts from all Federal awarding agencies exceeds $10,000,000 for any period of time during the period of performance of this Federal award, then you as the recipient during that period of time must maintain the currency of information reported to the System for Award Management (SAM) that is made available in the designated integrity and performance system (currently the responsibility/qualification information) about civil, criminal, or administrative proceedings described in paragraph 2 of this award term and condition. This is a statutory requirement under section 872 of Public Law 110-417, as amended (41 U.S.C. 2313). As required by section 3010 of Public Law 111-212, all information posted in the designated integrity and performance system on or after April 15, 2011, except past performance reviews required for Federal procurement contracts, will be publicly available.

16.2 Proceedings About Which You Must Report
Submit the information required about each proceeding that:

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a. Is in connection with the award or performance of a grant, cooperative agreement, or procurement contract from the Federal Government; b. Reached its final disposition during the most recent five-year period; and c. Is one of the following:

16.2.c.1. A criminal proceeding that resulted in a conviction, as defined in paragraph 5 of this award term and condition;

16.2.c.2. A civil proceeding that resulted in a finding of fault and liability and payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more;

16.2.c.3. An administrative proceeding, as defined in paragraph 5. of this award term and condition, that resulted in a finding of fault and liability and your payment of either a monetary fine or penalty of $5,000 or more or reimbursement, restitution, or damages in excess of $100,000; or

16.2.c.4. Any other criminal, civil, or administrative proceeding if:

16.2.c.4.1. It could have led to an outcome described in paragraph

16.2.c.1, 16.2.c.2, or 16.2.c.3 of this award term and condition;

16.2.c.4.2. It had a different disposition arrived at by consent or compromise with an acknowledgment of fault on your part; and

16.2.c.4.3. The requirement in this award term and condition to disclose information about the proceeding does not conflict with applicable laws and regulations.

16.3 Reporting Procedures
Enter in SAM Entity Management area the information that SAM requires about each proceeding described in paragraph 2 of this award term and condition. You do not need to submit the information a second time under assistance awards that you received if you already provided the information through SAM because you were required to do so under Federal procurement contracts that you were awarded.

16.4 Reporting Frequency
During any period of time when you are subject to the requirement in paragraph 16.1 of this award term and condition, you must report proceedings information through SAM for the most recent five-year period, either to report new information about any proceeding(s) that you have not reported previously or affirm that there is no new information to report. Recipients that have Federal contract, grant, and cooperative agreement awards with a cumulative total value greater than $10,000,000 must disclose semiannually any information about the criminal, civil, and administrative proceedings.

16.5 Definitions
For purposes of this award term and condition:
a. Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative proceedings, Civilian Board of Contract Appeals proceedings, and Armed Services Board of Contract Appeals

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proceedings). This includes proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include audits, site visits, corrective plans, or inspection of deliverables. b. Conviction, for purposes of this award term and condition, means a judgment or conviction of a criminal offense by any court of competent jurisdiction, whether entered upon a verdict or a plea, and includes a conviction entered upon a plea of nolo contendere.
c. Total value of currently active grants, cooperative agreements, and procurement contracts includes –

16.5.c.1. Only the Federal share of the funding under any Federal award with a recipient cost share or match; and

16.5.c.2. The value of all expected funding increments under a Federal award and options, even if not yet exercised.

17. Federal Financial Reporting (FFR)
Pursuant to 2 CFR 200.328 and 2 CFR 200.344, EPA recipients must submit the Federal Financial Report (SF-425) at least annually and no more frequently than quarterly. EPA’s standard reporting frequency is annual unless an EPA Region has included an additional term and condition specifying greater reporting frequency within this award document. EPA recipients must submit the SF-425 no later than 30 calendar days after the end of each specified reporting period for quarterly and semi- annual reports and 90 calendar days for annual reports. Final reports are due no later than 120 calendar days after the end date of the period of performance of the award. Extension of reporting due dates may be approved by EPA when requested and justified by the recipient. The FFR form is available on the internet at: https://www.epa.gov/grants/sf-425-federal-financial-report. All FFRs must be submitted to the Research Triangle Park Finance Center (RTPFC) via email at rtpfc- [email protected] or mail it to:

US Environmental Protection Agency
RTP-Finance Center (Mail Code AA216-01)
4930 Page Rd.

Durham, NC 27703

The RTPFC will make adjustments as necessary, to obligated funds after reviewing and accepting a final Federal Financial Report. Recipients will be notified and instructed by EPA if they must complete any additional forms for the closeout of the assistance agreement.

18. Indirect Cost Rate Agreements
This term and condition provides requirements for recipients using EPA funds for indirect costs and applies to all EPA assistance agreements unless there are statutory or regulatory limits on IDCs. See also EPA’s Indirect Cost Policy for Recipients of EPA Assistance Agreements (IDC Policy).

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In order for the assistance agreement recipient to use EPA funding for indirect costs, the IDC category of the recipient’s assistance agreement award budget must include an amount for IDCs and at least one of the following must apply:
• With the exception of “exempt” agencies and Institutions of Higher Education as noted below, all recipients must have one of the following current (not expired) IDC rates, including IDC rates that have been extended by the cognizant agency:
• Provisional
• Final
• Fixed rate with carry-forward
• Predetermined
• 10% de minimis rate of modified total direct costs authorized by 2 CFR 200.414(f) • EPA-approved use of an expired fixed rate with carry-forward on an exception basis, as detailed in section 6.4.a. of the IDC Policy
• “Exempt” state of local governmental departments or agencies are agencies that receive up to and including $35,000,000 in Federal funding per the department or agency’s fiscal year and must have an IDC rate proposal developed in accordance with 2 CFR Part 200, Appendix VII, with documentation maintained and available for audit. • Institutions of Higher Education must use the IDC rate in place at the time of award for the life of the assistance agreement (unless the rate was provisional at time of award, in which case the rate will change once it becomes final). As provided by 2 CFR Part 200, Appendix III(C)(7), the term “life of the assistance agreement”, means each competitive segment of the project. Additional information is available in the regulation.

IDCs incurred during any period of the assistance agreement that are not covered by the provisions above are not allowable costs and must not be drawn down by the recipient. Recipients may budget for IDCs if they have submitted a proposed IDC rate to their cognizant Federal agency or requested an exception from EPA under subsection 6.4 of the IDC Policy. However, recipients may not draw down IDCs until their rate is approved, if applicable, or EPA grants an exception. IDC drawdowns must comply with the indirect rate corresponding to the period during which the costs were incurred.

This term and condition does not govern indirect rates for subrecipients or recipient procurement contractors under EPA assistance agreements. Pass-through entities are required to comply with 2 CFR 200.332(a)(4)(i) and (ii) when establishing indirect cost rates for subawards.

19. Audit Requirements
In accordance with 2 CFR 200.501(a), the recipient hereby agrees to obtain a single audit from an independent auditor, if their organization expends $750,000 or more in total Federal funds in their fiscal year for that year.

The recipient must submit the form SF-SAC and a Single Audit Report Package within 9 months of the end of the recipient’s fiscal year or 30 days after receiving the report from an independent

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auditor. The SF-SAC and a Single Audit Report Package MUST be submitted using the Federal Audit Clearinghouse’s Internet Data Entry System available at: https://facides.census.gov/.

For complete information on how to accomplish the single audit submissions, the recipient will need to visit the Federal Audit Clearinghouse Web site: https://facweb.census.gov/

20. Closeout Requirements
Reports required for closeout of the assistance agreement must be submitted in accordance with this agreement. Submission requirements and frequently asked questions can also be found at:
https://www.epa.gov/grants/frequent-questions-about-closeouts

21. Suspension and Debarment
Recipient shall fully comply with Subpart C of 2 C.F.R. Part 180 entitled, “Responsibilities of Participants Regarding Transactions Doing Business With Other Persons,” as implemented and supplemented by 2 C.F.R. Part 1532. Recipient is responsible for ensuring that any lower tier covered transaction, as described in Subpart B of 2 C.F.R. Part 180, entitled “Covered Transactions,” and 2 C.F.R. § 1532.220, includes a term or condition requiring compliance with 2 C.F.R. Part 180, Subpart C. Recipient is responsible for further requiring the inclusion of a similar term and condition in any subsequent lower tier covered transactions. Recipient acknowledges that failing to disclose the information required under 2 C.F.R. § 180.335 to the EPA office that is entering into the transaction with the recipient may result in the delay or negation of this assistance agreement, or pursuance of administrative remedies, including suspension and debarment. Recipients may access the System for Award Management (SAM) exclusion list at https://sam.gov/SAM/ to determine whether an entity or individual is presently excluded or disqualified.

22. Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law
This award is subject to the provisions contained in an appropriations act(s) which prohibits the Federal Government from entering into a contract, memorandum of understanding, or cooperative agreement with, make a grant to, or provide a loan or loan guarantee to any corporation having a delinquent Federal tax liability or a felony conviction under any Federal law, unless the agency has considered suspension or debarment of the corporation and has made a determination that this further action is not necessary to protect the interests of the Government. A “corporation” is a legal entity that is separate and distinct from the entities that own, manage, or control it. It is organized and incorporated under the jurisdictional authority of a governmental body, such as a State or the District of Columbia. A corporation may be a for-profit or non-profit organization.

As required by the appropriations act(s) prohibitions, the Government will not enter into a contract, memorandum of understanding, or cooperative agreement with, make a grant to, or provide a loan or loan guarantee with any corporation that — (1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority

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responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or (2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

By accepting this award, the recipient represents that it is not a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and it is not a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

Alternatively, by accepting this award, the recipient represents that it disclosed unpaid Federal tax liability information and/or Federal felony conviction information to the EPA. The recipient may accept this award if the EPA Suspension and Debarment Official has considered suspension or debarment of the corporation based on tax liabilities and/or Federal felony convictions and determined that suspension or debarment is not necessary to protect the Government’s interests.

If the recipient fails to comply with this term and condition, EPA will annul this agreement and may recover any funds the recipient has expended in violation of the appropriations act(s) prohibition(s).

The EPA may also pursue other administrative remedies as outlined in 2 CFR 200.339 and 2 CFR 200.340 and may also pursue suspension and debarment.

23. Disclosing Conflict of Interest

23.1 For Award to Non-Federal Entities and Individuals (other than states and fellowship recipients under 40 CFR Part 46)
As required by 2 CFR 200.112, EPA has established a policy (COI Policy) for disclosure of conflicts of interest (COI) that may affect EPA financial assistance awards. EPA’s COI Policy is posted at https://www.epa.gov/grants/epas-financial-assistance-conflict- interest-policy. The posted version of EPA’s COI Policy is applicable to new funding (initial awards, supplemental and incremental funding) awarded on or after October 1, 2015.

For competitive awards, recipients must disclose any competition related COI described in section 4.0(a) of the COI Policy that are discovered after award to the EPA Grants Specialist listed on the Assistance Agreement/Amendment within 30 calendar days of discovery of the COI. The Grants Specialist will respond to any such disclosure within 30 calendar days.

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EPA’s COI Policy requires that recipients have systems in place to address, resolve and disclose to EPA COIs described in sections 4.0(b), (c) and/or (d) of the COI Policy that affect any contract or subaward regardless of amount funded under this award. The recipient’s COI Point of Contact for the award must disclose any COI to the EPA Grants Specialist listed on the Assistance Agreement/Amendment within 30 calendar days of the discovery of the potential COI and their approach for resolving the COI.

EPA’s COI Policy requires that subrecipients have systems in place to address, resolve and disclose COI’s described in section 4.0(b)(c) and (d) of the COI Policy regardless of the amount of the transaction. Recipients who are pass-through entities as defined at 2 CFR 200.1 must require that subrecipients being considered for or receiving subawards disclose COI to the pass-through entities in a manner that, at a minimum, is in accordance with sections 5.0(d) and 7.0(c) of EPA’s COI Policy. Pass-through entities must disclose the subrecipient COI along with the approach for resolving the COI to the EPA Grants Specialist listed on the Assistance Agreement/Amendment within 30 calendar days of receiving notification of the COI by the subrecipient.

EPA only requires that recipients and subrecipients disclose COI’s that are discovered under their systems for addressing and resolving COI. If recipients or subrecipients do not discover a COI, they do not need to advise EPA or the pass-through entity of the absence of a COI.

Upon notice from the recipient of a potential COI and the approach for resolving it, the Agency will then make a determination regarding the effectiveness of these measures within 30 days of receipt of the recipient’s notice unless a longer period is necessary due to the complexity of the matter. Recipients may not request payment from EPA for costs for transactions subject to the COI pending notification of EPA’s determination.

Failure to disclose a COI may result in cost disallowances.

Disclosure of potential COI will not necessarily result in EPA disallowing costs, with the exception of procurement contracts that the Agency determines violate 2 CFR 200.318(c)(1) or (2), provided the recipient notifies EPA of measures the recipient or subrecipient has taken to eliminate, neutralize or mitigate the conflict of interest when making the disclosure.

23.2 For Awards to States Including State Universities that are State Agencies or Instrumentalities
As required by 2 CFR 200.112, EPA has established a policy (COI Policy) for disclosure of conflicts of interest (COI) that may affect EPA financial assistance awards. EPA’s COI Policy is posted at: https://www.epa.gov/grants/epas-financial-assistance-conflict- interest-policy. T he posted version of EPA’s COI Policy is applicable to new funding

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(initial awards, supplemental, incremental funding) awarded on or after October 1, 2015.

States including state universities that are state agencies and instrumentalities receiving funding from EPA are only required to disclose subrecipient COI as a pass-through entity as defined by 2 CFR 200.1. Any other COI are subject to state laws, regulations, and policies. EPA’s COI Policy requires that subrecipients have systems in place to address, resolve and disclose COIs described in section 4.0(b)(c) and (d) of the COI Policy that arise after EPA made the award regardless of the amount of the transaction. States who are pass-through entities as defined at 2 CFR 200.1 must require that subrecipients being considered for or receiving subawards disclose COI to the state in a manner that, as a minimum, in accordance with sections 5.0(d) and 7.0(c) of EPA’s COI Policy. States must disclose the subrecipient COI along with the approach for resolving the COI to the EPA Grants Specialist listed on the Assistance Agreement/Amendment within 30 calendar days of receiving notification of the COI by the subrecipient.

EPA only requires that subrecipients disclose COI’s to state pass-through entities that are discovered under their systems for addressing, resolving, and disclosing COI. If subrecipients do not discover a COI, they do not need to advise state pass-through entities of the absence of a COI.

Upon receiving notice of a potential COI and the approach for resolving it, the Agency will make a determination regarding the effectiveness of these measures within 30 days of receipt of the state’s notice of a subrecipient COI unless a longer period is necessary due to the complexity of the matter. States may not request payment from EPA for costs for transactions subject to the COI pending notification of EPA’s determination. A subrecipient’s failure to disclose a COI to the state and EPA may result in cost disallowances.

Disclosure of potential subrecipient COI will not necessarily result in EPA disallowing costs, with the exception of procurement contracts that the Agency determines violate 2 CFR 200.318(c)(1) or (2), provided the subrecipient has taken measures that EPA and the state agree eliminate, neutralize or mitigate the conflict of interest.

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24. Transfer of Funds

24.1 Transfer of Funds
Applicable to all assistance agreements other than Continuing Environmental Program Grants subject to 40 CFR 35.114 and 40 CFR 35.514 when EPA’s share of the total project costs exceeds the Simplified Acquisition Threshold. Simplified Acquisition Threshold is defined at 2 CFR 200.1 and is currently set at $250,000 but the amount is subject to adjustment. (1) As provided at 2 CFR 200.308(f), the recipient must obtain prior approval from EPA’s Grants Management Officer if the cumulative amount of funding transfers among direct budget categories or programs, functions and activities exceeds 10% of the total budget. Recipients must submit requests for prior approval to the Grant Specialist and Grants Management Officer with a copy to the Project Officer for this agreement. (2) Recipients must notify EPA’s Grant Specialist and Project Officer of cumulative funding transfers among direct budget categories or programs, functions and activities that do not exceed 10% of the total budget for the agreement. Prior approval by EPA’s Grant Management Officer is required if the transfer involves any of the items listed in 2 CFR 200.407 t hat EPA did not previously approve at time of award or in response to a previous post-award request by the recipient.

24.2 Post-Award Changes for Continuing Environmental Program Grants Applicable to Continuing Environmental Program Grants subject to 40 CFR 35.114 and 40 CFR

35.514 when EPA’s share of the total project costs exceeds the Simplified Acquisition Threshold.

Simplified Acquisition Threshold is defined at 2 CFR 200.1 and is currently set at $250,000 but the amount is subject to adjustment.

To determine if a post-award change in work plan commitments is significant and requires prior written approval for the purposes of 40 CFR §35.114(a) or 40 CFR §35.514(a), the recipient agrees to consult the EPA Project Officer (PO) before making the change. The term work plan commitments is defined at 40 CFR §35.102. If the PO determines the change is significant, the recipient cannot make the change without prior written approval by the EPA Award Official or Grants Management Officer.

The recipient must obtain written approval from the EPA Award Official prior to transferring funds from one budget category to another if the EPA Award Official determines that such transfer significantly changes work plan commitment(s). All transfers must be reported in required performance reports. In addition, unless approved with the budget at the time of award, Continuing Environmental Program (CEP) recipients must also obtain prior written approval from the EPA Award Official or Grants Management Officer to use EPA funds for directly charging compensation for administrative and clerical personnel under 2 CFR 200.413(c) and the General Provisions for Selected Items of Cost allowability at 2 CFR 200.420 through 2 CFR 200.476 as supplemented by EPA’s Guidance on Selected Items of Cost. The recipient is not required to obtain prior written approval from the EPA Award Official for other items requiring prior EPA approval listed in 2 CFR §§ 200.407.

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25. Electronic/Digital Signatures on Financial Assistance Agreement Form(s)/Document(s) Throughout the life of this assistance agreement, the recipient agrees to ensure that any form(s)/document(s) required to be signed by the recipient and submitted to EPA through any means including but not limited to hard copy via U.S. mail or express mail, hand delivery or through electronic means such as e-mail are: (1) signed by the individual identified on the form/document, and (2) the signer has the authority to sign the form/document for the recipient. Submission of any signed form(s)/document(s) is subject to any provisions of law on making false statements (e.g., 18 U.S.C. 1001).

26. Extension of Project/Budget Period Expiration Date
EPA has not exercised the waiver option to allow automatic one-time extensions for non-research grants under 2 CFR 200.308(e)(2). Therefore, if a no-cost time extension is necessary to extend the period of availability of funds, the recipient must submit a written request to the EPA prior to the budget/project period expiration dates. The written request must include: a justification describing the need for additional time, an estimated date of completion, and a revised schedule for project completion including updated milestone target dates for the approved workplan activities. In addition, if there are overdue reports required by the general, administrative, and/or programmatic terms and conditions of this assistance agreement, the recipient must ensure that they are submitted along with or prior to submitting the no-cost time extension request.

27. Utilization of Disadvantaged Business Enterprises

General Compliance, 40 CFR, Part 33
The recipient agrees to comply with the requirements of EPA's Disadvantaged Business Enterprise (DBE) Program for procurement activities under assistance agreements, contained in 40 CFR, Part

33. The following text provides updates to 40 CFR, Part 33 based upon the associated class exception or highlights a requirement.
1) EPA MBE/WBE CERTIFICATION, 40 CFR, Part 33, Subpart B EPA no longer certifies entities as Minority-Owned Business Entities (MBEs) or Women- Owned Business Entities (WBEs) pursuant to a class exception issued in October 2019. The class exception was authorized pursuant to the authority in 2 CFR, Section 1500.4(b). 2) SIX GOOD FAITH EFFORTS, 40 CFR, Part 33, Subpart C
Pursuant to 40 CFR Section 33.301, the recipient agrees to make good faith efforts whenever procuring construction, equipment, services and supplies under an EPA financial assistance agreement, and to require that sub-recipients, loan recipients, and prime contractors also comply. Records documenting compliance with the six good faith efforts shall be retained.

The specific six good faith efforts can be found at: 40 CFR Section 33.301 (a)-(f).

However, in EPA assistance agreements that are for the benefit of Native Americans, the recipient must solicit and recruit Native American organizations and Native American-owned

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economic enterprises and give them preference in the award process prior to undertaking the six good faith efforts (40 CFR Section 33.304). If recruiting efforts are unsuccessful, the recipient must follow the six good faith efforts.
3) CONTRACT ADMINISTRATION PROVISIONS, 40 CFR, Section 33.302 The recipient agrees to comply with the contract administration provisions of 40 CFR Section

33.302 (a ) -(d) and (i).
4) BIDDERS LIST, 40 CFR Section 33.501(b) and (c)
Recipients of a Continuing Environmental Program Grant or other annual reporting grant, agree to create and maintain a bidders list. Recipients of an EPA financial assistance agreement to capitalize a revolving loan fund also agree to require entities receiving identified loans to create and maintain a bidders list if the recipient of the loan is subject to, or chooses to follow, competitive bidding requirements. Please see 40 CFR Section 33.501 (b) and (c) f or specific requirements and exemptions.
5) FAIR SHARE OBJECTIVES, 40 CFR, Part 33, Subpart D
In June 2023, EPA reinstated the requirements under 40 CFR, Part 33, Subpart D. Unless the recipient is exempted from these requirements as outlined in 40 CFR 33.411, the recipient agrees to submit fair share objectives for EPA approval within 120 days of acceptance of this award, and, once approved, apply them to procurements under this award in accordance with Subpart D. See RAIN-2023-G02 for information on EPA’s reinstatement of the fair share objectives.
6) MBE/WBE REPORTING, 40 CFR, Part 33, Subpart E
When required, the recipient agrees to complete and submit a “MBE/WBE Utilization Under Federal Grants and Cooperative Agreements” report (EPA Form 5700-52A) on an annual basis. The current EPA Form 5700-52A can be found at the EPA Grantee Forms Page at https://www.epa.gov/system/files/documents/2021-08/epa_form_5700_52a.pdf .

Reporting is required for assistance agreements where funds are budgeted for procuring construction, equipment, services and supplies (including funds budgeted for direct procurement by the recipient or procurement under subawards or loans in the “Other” category) with a cumulative total that exceed the Simplified Acquisition Threshold (SAT) (currently, $250,000 however the threshold will be automatically revised whenever the SAT is adjusted; See 2 CFR Section 200.1), including amendments and/or modifications. When reporting is required, all procurement actions are reportable, not just the portion which exceeds the SAT.

Annual reports are due by October 30th of each year. Final reports are due 120 days after the end of the project period.

This provision represents an approved exception from the MBE/WBE reporting requirements as described in 40 CFR Section 33.502.

7) MBE/WBE RECORDKEEPING, 40 CFR, Part 33, Subpart E

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The recipient agrees to comply with all recordkeeping requirements as stipulated in 40 CFR Part 33, Subpart E inc luding creating and maintain a bidders list, when required. Any document created as a record to demonstrate compliance with any requirements of 40 CFR Part 33 must be maintained pursuant to the requirements stated in this Subpart.

Programmatic General Terms and Conditions

28. Sufficient Progress
EPA will measure sufficient progress by examining the performance required under the workplan in conjunction with the milestone schedule, the time remaining for performance within the project period and/or the availability of funds necessary to complete the project. EPA may terminate the assistance agreement for failure to ensure reasonable completion of the project within the project period.

29. Copyrighted Material and Data
In accordance with 2 CFR 200.315, EPA has the right to reproduce, publish, use and authorize others to reproduce, publish and use copyrighted works or other data developed under this assistance agreement for Federal purposes.

Examples of a Federal purpose include but are not limited to: (1) Use by EPA and other Federal employees for official Government purposes; (2) Use by Federal contractors performing specific tasks for [i.e., authorized by] the Government; (3) Publication in EPA documents provided the document does not disclose trade secrets (e.g. software codes) and the work is properly attributed to the recipient through citation or otherwise; (4) Reproduction of documents for inclusion in Federal depositories; (5) Use by State, tribal and local governments that carry out delegated Federal environmental programs as “co-regulators” or act as official partners with EPA to carry out a national environmental program within their jurisdiction and; (6) Limited use by other grantees to carry out Federal grants provided the use is consistent with the terms of EPA’s authorization to the other grantee to use the copyrighted works or other data.

Under Item 6, the grantee acknowledges that EPA may authorize another grantee(s) to use the copyrighted works or other data developed under this grant as a result of:
• The selection of another grantee by EPA to perform a project that will involve the use of the copyrighted works or other data, or
• Termination or expiration of this agreement.

In addition, EPA may authorize another grantee to use copyrighted works or other data developed with Agency funds provided under this grant to perform another grant when such use promotes efficient and effective use of Federal grant funds.

30. Patents and Inventions
Rights to inventions made under this assistance agreement are subject to federal patent and licensing regulations, which are codified at Title 37 CFR Part 401 and Title 35 USC Sections 200-212.

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Pursuant to the Bayh-Dole Act (set forth in 35 USC 200-212), EPA retains the right to a worldwide, nonexclusive, nontransferable, irrevocable, paid-up license to practice the invention owned by the assistance agreement holder, as defined in the Act. To streamline the invention reporting process and to facilitate compliance with the Bayh-Dole Act, the recipient must utilize the Interagency Edison extramural invention reporting system at https://www.nist.gov/iedison. Annual utilization reports must be submitted through the system. The recipient is required to notify the Project Officer identified on the award document when an invention report, patent report, or utilization report is filed at https://www.nist.gov/iedison. EPA elects not to require the recipient to provide a report prior to the close-out of a funding agreement listing all subject inventions or stating that there were none.

In accordance with Executive Order 12591, as amended, government owned and operated laboratories can enter into cooperative research and development agreements with other federal laboratories, state and local governments, universities, and the private sector, and license, assign, or waive rights to intellectual property “developed by the laboratory either under such cooperative research or development agreements and from within individual laboratories.”

31. Acknowledgement Requirements for Non-ORD Assistance Agreements The recipient agrees that any reports, documents, publications, or other materials developed for public distribution supported by this assistance agreement shall contain the following statement:
“This project has been funded wholly or in part by the United States Environmental Protection Agency under assistance agreement (number) to (recipient). The contents of this document do not necessarily reflect the views and policies of the Environmental Protection Agency, nor does the EPA endorse trade names or recommend the use of commercial products mentioned in this document.”

Recipients of EPA Office of Research Development (ORD) research awards must follow the acknowledgement requirements outlined in the research T&Cs available at:
https://www.nsf.gov/awards/managing/rtc.jsp. In accordance with the Research Terms and Conditions Overlay to the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards (Uniform Guidance), 2 CFR §200, re cipients of EPA ORD research must abide by the research T&Cs.

32. Electronic and Information Technology Accessibility Recipients are subject to the program accessibility provisions of Section 504 of the Rehabilitation Act, codified in 40 CFR Part 7, which includes an obligation to provide individuals with disabilities reasonable accommodations and an equal and effective opportunity to benefit from or participate in a program, including those offered through electronic and information technology (“EIT”). In compliance with Section 504, EIT systems or products funded by this award must be designed to meet the diverse needs of users (e.g., U.S. public, recipient personnel) without barriers or diminished function or quality. Systems shall include usability features or functions that accommodate the needs of persons with disabilities, including those who use assistive technology.

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At this time, the EPA will consider a recipient’s websites, interactive tools, and other EIT as being in compliance with Section 504 if such technologies meet standards established under Section 508 of the Rehabilitation Act, codified at 36 CFR Part 1194. While Section 508 does not apply directly to grant recipients, we encourage recipients to follow either the 508 guidelines or other comparable guidelines that concern accessibility to EIT for individuals with disabilities.

Recipients may wish to consult the latest Section 508 guidelines issued by the U.S. Access Board or W3C’s Web Content Accessibility Guidelines (WCAG) 2.0 (see https://www.access- board.gov/about/policy/accessibility.html).

33. Human Subjects
Human subjects research is any activity that meets the regulatory definitions of both research AND human subject. Research is a systematic investigation, including research development, testing and evaluation, designed to develop or contribute to generalizable knowledge. Human subject means a living individual about whom an investigator (whether professional or student) conducting research:
(i) Obtains information or biospecimens through intervention or interaction with the individual, and uses, studies, or analyzes the information or biospecimens; or (ii) Obtains, uses, studies, analyzes, or generates identifiable private information or identifiable biospecimens 40 CFR 26.102(e)(l).

No research involving human subjects shall be conducted under this agreement without prior written approval of the EPA Human Subject Research Review Official (HSRRO) to proceed with that research. If engaged in human subjects’ research as part of this agreement, the recipient agrees to comply with all applicable provisions of EPA Regulation 40 CFR 26 (Protection of Human Subjects).

This includes, at Subpart A, the Basic Federal Policy for the Protection of Human Research Subjects, also known as the Common Rule. It also includes, at Subparts B, C, and D, prohibitions and additional protections for children, nursing women, pregnant women, and fetuses in research conducted or supported by EPA.

The recipient further agrees to comply with EPA’s procedures for oversight of the recipient’s compliance with 40 CFR 26, as given in EPA Order 1000.17A (Policy and Procedures on Protection of Human Research Subjects in EPA Conducted or Supported Research). As per this order, no human subject may be involved in any research conducted under this assistance agreement, including recruitment, until the research has been approved or determined to be exempt by the EPA HSRRO after review of the approval or exemption determination of the Institutional Review Board(s) (IRB(s)) with jurisdiction over the research under 40 CFR 26.

For HSRRO approval, the recipient must forward to the Project Officer: (1) copies of all documents upon which the IRB(s) with jurisdiction based their approval(s) or exemption determination(s), (2) copies of the IRB approval or exemption determination letter(s), (3) copy of the IRB-approved consent forms and subject recruitment materials, if applicable, and (4) copies of all supplementary IRB correspondence.

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Following the initial approvals indicated above, the recipient must, as part of the annual report(s), provide evidence of continuing review and approval of the research by the IRB(s) with jurisdiction, as required by 40 CFR 26.109(e). Materials submitted to the IRB(s) for their continuing review and approval are to be provided to the EPA HSRRO via the Project Officer upon IRB approval. During the course of the research, investigators must promptly report any unanticipated problems involving risk to subjects or others according to requirements set forth by the IRB. In addition, any event that is significant enough to result in the removal of the subject from the study should also be reported to the EPA HSRRO via the Project Officer, even if the event is not reportable to the IRB of record.

34. Animal Subjects
The recipient agrees to comply with the Animal Welfare Act of 1966 (P.L. 89-544), as amended, 7 USC 2131- 2156. Recipient also agrees to abide by the “U.S. Government Principles for the Utilization and Care of Vertebrate Animals used in Testing, Research, and Training.” (Federal Register 50(97): 20864-20865. May 20,1985). The nine principles can be viewed at https://olaw.nih.gov/policies-laws/phs-policy.htm. For additional information about the Principles, the recipient should consult the Guide for the Care and Use of Laboratory Animals, prepared by the Institute of Laboratory Animal Resources, National Research Council.

35. Light Refreshments and/or Meals
(a) APPLICABLE TO ALL AGREEMENTS EXCEPT STATE CONTINUING ENVIRONMENTAL PROGRAMS (AS DESCRIBED BELOW):

Unless the event(s) and all of its components are described in the approved workplan, the recipient agrees to obtain prior approval from EPA for the use of grant funds for light refreshments and/or meals served at meetings, conferences, training workshops and outreach activities (events). The recipient must send requests for approval to the EPA Project Officer and include:
(1) An estimated budget and description for the light refreshments, meals, and/or beverages to be served at the event(s)
(2) A description of the purpose, agenda, location, length, and timing for the event, and (3) An estimated number of participants in the event and a description of their roles

Costs for light refreshments and meals for recipient staff meetings and similar day-to-day activities are not allowable under EPA assistance agreements.

Recipients may address questions about whether costs for light refreshments, and meals for events may be allowable to the recipient’s EPA Project Officer; however, the Agency Award Official or Grant Management Officer will make final determinations on allowability. Agency policy prohibits the use of EPA funds for receptions, banquets and similar activities that take place after normal business hours unless the recipient has provided a justification that has been expressly approved by EPA's Award Official or Grants Management Officer.

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EPA funding for meals, light refreshments, and space rental may not be used for any portion of an event where alcohol is served, purchased, or otherwise available as part of the event or meeting, even if EPA funds are not used to purchase the alcohol.

Note: U.S. General Services Administration regulations define light refreshments for morning, afternoon, or evening breaks to include, but not be limited to, coffee, tea, milk, juice, soft drinks, donuts, bagels, fruit, pretzels, cookies, chips, or muffins. (41 CFR 301-74.7)

(b) FOR STATE CONTINUING ENVIROMENTAL PROGRAM GRANT RECIPIENTS EXCLUDING STATE UNIVERSITIES:

If the state maintains systems capable of complying with federal grant regulations at 2 CFR 200.432 and 2 CFR 200.438, EPA has waived the prior approval requirements for the use of EPA funds for light refreshments and/or meals served at meetings, conferences, and training, as described above.

The state may follow its own procedures without requesting prior approval from EPA. However, notwithstanding state policies, EPA funds may not be used for (1) evening receptions, or (2) other evening events (with the exception of working meetings). Examples of working meetings include those evening events in which small groups discuss technical subjects on the basis of a structured agenda or there are presentations being conducted by experts. EPA funds for meals, light refreshments, and space rental may not be used for any portion of an event (including evening working meetings) where alcohol is served, purchased, or otherwise available as part of the event or meeting, even if EPA funds are not used to purchase the alcohol.

By accepting this award, the state is certifying that it has systems in place (including internal controls) to comply with the requirements described above.

36. Tangible Personal Property

36.1 Reporting pursuant to 2 CFR 200.312 and 2 CFR 200.314, property reports, if applicable, are required for Federally-owned property in the custody of a non-Federal entity upon completion of the Federal award or when the property is no longer needed. Additionally, upon termination or completion of the project, residual unused supplies with a total aggregate fair market value exceeding $5,000 not needed for any other Federally-sponsored programs or projects must be reported. For Superfund awards under Subpart O, refer to 40 CFR 35.6340 and 40 CFR 35.6660 for property reporting requirements. Recipients should utilize the Tangible Personal Property Report form series (SF-428) to report tangible personal property.

36.2 Disposition

36.2.1. Most Recipients. Consistent with 2 CFR 200.313, unless instructed otherwise on the official award document, this award term, or at closeout, the recipient may keep the equipment and continue to use it on the project originally funded through this assistance agreement or on other federally funded projects whether or not the project or program continues to be supported by Federal funds.

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36.2.2. State Agencies. Per 2 CFR 200.313(b), state agencies may manage and dispose of equipment acquired under this assistance agreement in accordance with state laws and procedures.

36.2.3. Superfund Recipients. Equipment purchased under Superfund projects is subject to specific disposal options in accordance with 40 CFR Part 35.6345.

37. Dual Use Research of Concern (DURC)
The recipient agrees to conduct all life science research* in compliance with EPA’s Order on the Policy and Procedures for Managing Dual Use Research of Concern (EPA DURC Order) and United States Government Policy for Institutional Oversight of Life Sciences Dual Use Research of Concern (iDURC Policy). If the recipient is an institution within the United States that receives funding through this agreement, or from any other source, the recipient agrees to comply with the iDURC Policy if they conduct or sponsor research involving any of the agents or toxins identified in Section

6.2.1 of the iDURC Policy. If the institution is outside the United States and receives funding through this agreement to conduct or sponsor research involving any of those same agents or toxins, the recipient agrees to comply with the iDURC Policy. The recipient agrees to provide any additional information that may be requested by EPA regarding DURC and iDURC. The recipient agrees to immediately notify the EPA Project Officer should the project use or introduce use of any of the agents or toxins identified in the iDURC Policy. The recipient’s Institution/Organization must also comply with USG iDURC policy and EPA DURC Order and will inform the appropriate government agency if funded by such agency of research with the agents or toxins identified in Section 6.2.1 of the iDURC Policy. If privately funded the recipient agrees to notify the National Institutes of Health at [email protected].

* “Life Sciences Research,” for purposes of the EPA DURC Order, and based on the definition of research in 40 CFR §26.102(d), is a systematic investigation designed to develop or contribute to generalizable knowledge involving living organisms (e.g., microbes, human beings, animals, and plants) and their products. EPA does not consider the following activities to be research: routine product testing, quality control, mapping, collection of general-purpose statistics, routine monitoring and evaluation of an operational program, observational studies, and the training of scientific and technical personnel. [Note: This is consistent with Office of Management and Budget Circular A-11.]

38. Research Misconduct
In accordance with 2 CFR 200.329, the recipient agrees to notify the EPA Project Officer in writing about research misconduct involving research activities that are supported in whole or in part with EPA funds under this project. EPA defines research misconduct as fabrication, falsification, or plagiarism in proposing, performing, or reviewing research, or in reporting research results [65 FR 76262. I], or ordering, advising or suggesting that subordinates engage in research misconduct. The recipient agrees to:

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(1) Immediately notify the EPA Project Officer who will then inform the EPA Office of Inspector General (OIG) if, at any time, an allegation of research misconduct falls into one of the categories listed below:

A. Public health of safety is at risk
B. Agency resources or interests are threatened
C. Circumstances where research activities should be suspended D. There is a reasonable indication of possible violations of civil or criminal law E. Federal action is required to protect the interests of those involved in the investigation F. The research entity believes that the inquiry or investigation may be made public prematurely so that appropriate steps can be taken to safeguard evidence and protect the rights of those involved
G. Circumstances where the research community or public should be informed. [65 FR 76263.III]
(2) Report other allegations to the OIG when they have conducted an inquiry and determined that there is sufficient evidence to proceed with an investigation. [65 FR 76263. III]

39. Scientific Integrity Terms and Conditions
The recipient agrees to comply with EPA’s Scientific Integrity Policy when conducting, supervising, and communicating science and when using or applying the results of science. For purposes of this award condition scientific activities include, but are not limited to, computer modelling, economic analysis, field sampling, laboratory experimentation, demonstrating new technology, statistical analysis, and writing a review article on a scientific issue. The recipient agrees to:

39.1 Scientific Products

39.1.1. Produce scientific products of the highest quality, rigor, and objectivity, by adhering to applicable EPA information quality guidelines, quality policy, and peer review policy.

39.1.2. Prohibit all recipient employees, contractors, and program participants, including scientists, managers, and other recipient leadership, from suppressing, altering, or otherwise impeding the timely release of scientific findings or conclusions.

39.1.3. Adhere to EPA’s Peer Review Handbook, 4th Edition, for the peer review of scientific and technical work products generated through EPA grants or cooperative agreements which, by definition, are not primarily for EPA’s direct use or benefit.

39.2 Scientific Findings

39.2.1. Require that reviews regarding the content of a scientific product that are conducted by the project manager and other recipient managers and the broader management chain be based only on scientific quality considerations, e.g., the methods used are clear and appropriate, the presentation of results and conclusions is impartial.

39.2.2. Ensure scientific findings are generated and disseminated in a timely and transparent manner, including scientific research performed by employees, contractors, and program participants, who assist with developing or applying the results of scientific activities.

39.2.3. Include, when communicating scientific findings, an explication of underlying assumptions, accurate contextualization of uncertainties, and a description of the probabilities associated with both optimistic and pessimistic projections, if applicable.

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39.2.4. Document the use of independent validation of scientific methods.

39.2.5. Document any independent review of the recipient’s scientific facilities and testing activities, as occurs with accreditation by a nationally or internationally recognized sanctioning body.

39.2.6. Make scientific information available online in open formats in a timely manner, including access to data and non-proprietary models.

39.3 Scientific Misconduct

39.3.1. Prohibit intimidation or coercion of scientists to alter scientific data, findings, or professional opinions or non-scientific influence of scientific advisory boards. In addition, recipient employees, contractors, and program participants, including scientists, managers, and other leadership, shall not knowingly misrepresent, exaggerate, or downplay areas of scientific uncertainty.

39.3.2. Prohibit retaliation or other punitive actions toward recipient employees who uncover or report allegations of scientific and research misconduct, or who express a differing scientific opinion. Employees who have allegedly engaged in scientific or research misconduct shall be afforded the due process protections provided by law, regulation, and applicable collective bargaining agreements, prior to any action. Recipients shall ensure that all employees and contractors of the recipient shall be familiar with these protections and avoid the appearance of retaliatory actions.

39.3.3. Require all recipient employees, contractors, and program participants to act honestly and refrain from acts of research misconduct, including publication or reporting, as described in EPA’s Policy and Procedures for Addressing Research Misconduct, Section 9.C. Research misconduct does not include honest error or differences of opinion. While EPA retains the ultimate oversight authority for EPA-supported research, grant recipients conducting research bear primary responsibility for prevention and detection of research misconduct and for the inquiry, investigation, and adjudication of research misconduct alleged to have occurred in association with their own institution.

39.3.4. Take the actions required on the part of the recipient described in EPA’s Policy and Procedures for Addressing Research Misconduct, Sections 6 through 9, when research misconduct is suspected or found.

39.4 Additional Resources
For more information about the Scientific Integrity Policy, an introductory video can be accessed at: https://youtu.be/FQJCy8BXXq8. A training video is available at:
https://youtu.be/Zc0T7fooot8.

40. Post-Award Disclosure of Current and Pending Support on Research Grants The recipient is required to notify EPA if there has been a change in support for the principal investigator and/or major co-investigators listed on EPA Key Contacts Form, EPA Form 5700-54, since submission of its application or the last reporting period in the performance report. If there has been a change, the recipient must report the change within 30 calendar days to the EPA Project Officer. The information should also be included in the next due performance report. EPA may consult with the Principal Investigator and the Authorized Representative, to determine the impact

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of the new information on the EPA-funded research grant and, where necessary, take appropriate action.

If the recipient discovers that an investigator on an active EPA research grant failed to disclose current and pending support information or provided inaccurate information as part of the proposal submission process, it must provide the revised current and pending support information to the EPA Project Officer within 30 calendar days of the identification of the undisclosed or inaccurate current and pending support information.

Public Policy Requirements

41. Civil Rights Obligations
This term and condition incorporates by reference the signed assurance provided by the recipient’s authorized representative on: 1) EPA Form 4700-4, “Preaward Compliance Review Report for All Applicants and Recipients Requesting EPA Financial Assistance”; and 2) Certifications and Representations in Sam.gov or Standard Form 424D, as applicable.

These assurances and this term and condition obligate the recipient to comply fully with applicable civil rights statutes and implementing federal and EPA regulations. (a) Statutory Requirements
i. In carrying out this agreement, the recipient must comply with:
1) Title VI of the Civil Rights Act of 1964, which prohibits discrimination based on race, color, and national origin, including limited English proficiency (LEP), by entities receiving Federal financial assistance.
2) Section 504 of the Rehabilitation Act of 1973, which prohibits discrimination against persons with disabilities by entities receiving Federal financial assistance; and 3) The Age Discrimination Act of 1975, which prohibits age discrimination by entities receiving Federal financial assistance.
ii. If the recipient is an education program or activity (e.g., school, college, or university) or if the recipient is conducting an education program or activity under this agreement, it must also comply with:
1) Title IX of the Education Amendments of 1972, which prohibits discrimination on the basis of sex in education programs and activities operated by entities receiving Federal financial assistance. For further information about your compliance obligations regarding Title IX, see 40 CFR Part 5 and https://www.justice.gov/crt/title-ix iii. If this agreement is funded with financial assistance under the Clean Water Act (CWA), the recipient must also comply with:
1) Section 13 of the Federal Water Pollution Control Act Amendments of 1972, which prohibits discrimination on the basis of sex in CWA-funded programs or activities. (b) Regulatory Requirements
i. The recipient agrees to comply with all applicable EPA civil rights regulations, including:

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1) For Title IX obligations, 40 C.F.R. Part 5; and
2) For Title VI, Section 504, Age Discrimination Act, and Section 13 obligations, 40 CFR Part7.
3) For statutory and national policy requirements, including those prohibiting discrimination and those described in Executive Order 13798 promoting free speech and religious freedom, 2 CFR 200.300.
4) As noted on the EPA Form 4700-4 signed by the recipient’s authorized representative, these regulations establish specific requirements including maintaining compliance information, establishing grievance procedures, designating a Civil Rights Coordinator, and providing notices of non-discrimination.
(c) TITLE VI – LEP, Public Participation and Affirmative Compliance Obligation i. As a recipient of EPA financial assistance, you are required by Title VI of the Civil Rights Act to provide meaningful access to LEP individuals. In implementing that requirement, the recipient agrees to use as a guide the Office of Civil Rights (OCR) document entitled "Guidance to Environmental Protection Agency Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons." The guidance can be found at:
https://www.federalregister.gov/documents/2004/06/25/04-14464/guidance-to- environmental-protection-agency-financial-assistance-recipients-regarding-title-vi. ii. If the recipient is administering permitting programs under this agreement, the recipient agrees to use as a guide OCR’s Title VI Public Involvement Guidance for EPA Assistance Recipients Administering Environmental Permitting Programs. The Guidance can be found at:
https://www.govinfo.gov/content/pkg/FR-2006-03-21/pdf/06-2691.pdf. iii. In accepting this assistance agreement, the recipient acknowledges it has an affirmative obligation to implement effective Title VI compliance programs and ensure that its actions do not involve discriminatory treatment and do not have discriminatory effects even when facially neutral. The recipient must be prepared to demonstrate to EPA that such compliance programs exist and are being implemented or to otherwise demonstrate how it is meeting its Title VI obligations.

42. Drug-Free Workplace
The recipient organization of this EPA assistance agreement must make an ongoing, good faith effort to maintain a drug-free workplace pursuant to the specific requirements set forth in Title 2 CFR Part 1536 Subpart B. Additionally, in accordance with these regulations, the recipient organization must identify all known workplaces under its federal awards and keep this information on file during the performance of the award.

Those recipients who are individuals must comply with the drug-free provisions set forth in Title 2 CFR Part 1536 Subpart C.

The consequences for violating this condition are detailed under Title 2 CFR Part 1536 Subpart E.

Recipients can access the Code of Federal Regulations (CFR) Title 2 Part 1536 at www.ecfr.gov/.

AGREEMENT EXHIBIT A
EPA General Terms and Conditions effective October 1, 2023 or later* City of Chino Project: WA212
DWSRF Project: 3610012-008C
121

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43. Hotel-Motel Fire Safety
Pursuant to USC 2225a, the recipient agrees to ensure that all space for conferences, meetings, conventions, or training seminars funded in whole or in part with federal funds complies with the protection and control guidelines of the Hotel and Motel Fire Safety Act (PL 101-391, as amended).

Recipients may search the Hotel-Motel National Master List at https://apps.usfa.fema.gov/hotel/ to see if a property is in compliance, or to find other information about the Act.

44. Lobbying Restrictions
a) This assistance agreement is subject to lobbying restrictions as described below. Applicable to all assistance agreements:
i. The chief executive officer of this recipient agency shall ensure that no grant funds awarded under this assistance agreement are used to engage in lobbying of the Federal Government or in litigation against the U.S. unless authorized under existing law. The recipient shall abide by the Cost Principles available at 2 CFR Part 200 which generally prohibits the use of federal grant funds for litigation against the U.S. or for lobbying or other political activities.
ii. The recipient agrees to comply with Title 40 CFR Part 34, New Restrictions on Lobbying.

The recipient shall include the language of this provision in award documents for all subawards exceeding $100,000 and require that subrecipients submit certification and disclosure forms accordingly.
iii. In accordance with the Byrd Anti-Lobbying Amendment, any recipient who makes a prohibited expenditure under Title 40 CFR Part 34 or fails to file the required certification or lobbying forms shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure.
iv. Contracts awarded by a recipient shall contain, when applicable, the anti-lobbying provision as stipulated in the Appendix II to Part 200—Contract Provisions for Non- Federal Entity Contracts Under Federal Awards.
v. By accepting this award, the recipient affirms that it is not a nonprofit organization described in Section 501(c)(4) of the Internal Revenue Code of 1986 as required by Section 18 of the Lobbying Disclosure Act; or that it is a nonprofit organization described in Section 501(c)(4) of the Code but does not and will not engage in lobbying activities as defined in Section 3 of the Lobbying Disclosure Act. Nonprofit organizations exempt from taxation under section 501(c)(4) of the Internal Revenue Code that engage in lobbying activities are ineligible for EPA subawards.
b) Applicable to assistance agreements when the amount of the award is over $100,000:
i. By accepting this award, the recipient certifies, to the best of its knowledge and belief that:
1) No Federal appropriated funds have been or will be paid, by or on behalf of the recipient, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan,

AGREEMENT EXHIBIT A
EPA General Terms and Conditions effective October 1, 2023 or later* City of Chino Project: WA212
DWSRF Project: 3610012-008C
122

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the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, or any employee of a Member of Congress in connection with this Federal grant or cooperative agreement, the recipient shall complete and submit the linked Standard Form -- LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
3) The recipient shall require that the language of this certification be included in the award documents for all subawards exceeding $100,000 at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. ii. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each failure.

45. Recycled Paper
When directed to provide paper documents, the recipient agrees to use recycled paper and double- sided printing for all reports which are prepared as a part of this agreement and delivered to EPA.

This requirement does not apply to reports prepared on forms supplied by EPA.

46. Resource Conservation and Recovery Act
Consistent with goals of section 6002 of RCRA (42 U.S.C. 6962), State and local institutions of higher education, hospitals and non-profit organization recipients agree to give preference in procurement programs to the purchase of specific products containing recycled materials, as identified in 40 CFR Part 247.

Consistent with section 6002 of RCRA (42 U.S.C. 6962) and 2 CFR 200.323, State agencies or agencies of a political subdivision of a State and its contractors are required to purchase certain items made from recycled materials, as identified in 40 CFR Part 247, when the purchase price exceeds $10,000 during the course of a fiscal year or where the quantity of such items acquired in the course of the preceding fiscal year was $10,000 or more. Pursuant to 40 CFR 247.2 (d), the recipient may decide not to procure such items if they are not reasonably available in a reasonable period of time; fail to meet reasonable performance standards; or are only available at an unreasonable price.

47. Trafficking in Persons
a) Provisions applicable to a recipient that is a private entity. i. The recipient, the recipient’s employees, subrecipients under this award, and subrecipients’ employees may not –

AGREEMENT EXHIBIT A
EPA General Terms and Conditions effective October 1, 2023 or later* City of Chino Project: WA212
DWSRF Project: 3610012-008C
123

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Chino City CouncilMay 6, 2025

Chino City Council
May 6, 2025